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Agenda - 09-06-1994 - VIII-F
1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. VRZ-F ACTION AGENDA ITEM ABSTRACT Meeting Date:September 6, 1994 SUBJECT: CONTRACT APPROVAL; GEOTECHNICAL SERVICES FOR JAIL AND COURTHOUSE ADDITION PROJECTS DEPARTMENT: PURCHASING AND CENTRAL SERVICES PUBLIC HEARING: YES: NO: X ATTACHMENT(S): INFORMATION CONTACT: PAM JONES, ext.2650 CONTRACT Telephone Number- Hillsborough 732-8181 Chapel Hill 967-9251 Mebane 227-2031 Durham 688-7331 PURPOSE: To consider a contract with Trigon Engineering Consultants, Inc., for geotechnical services associated with the Jail Addition and the Courthouse Addition Projects. BACKGROUND: The contract with Trigon for$2,550 is presented for approval pursuant to the policy adopted by the Board of Commissioners on October 3, 1988, in which the Board expressed a desire to approve all contracts with licensed professional firms, such as for architectural and engineering services, regardless of monetary value. The scope of work for this contract is as follows: 1. Explore the general subsurface conditions in the area of the proposed additions; 2. Evaluate those conditions with regard to the design and construction of foundations and floor slabs; 3. Perform seven (7)test borings for the Jail addition and three (3) borings for the courthouse addition; 4. Prepare a report which addresses: a. The suitability of the subsurface conditions at the site for construction of foundations and slabs; b. Considerations regarding subgrade preparation,presence of groundwater, presence of rock;and c. Fill compaction criteria. Three proposals,based on identical scope of work, were received. Trigon submitted the lowest cost. The project architect has indicated that while all three proposers are well qualified to perform the service,they recommend the lowest cost proposal as well. RECOMMENDATION: The Manager recommends that the Board approve a contract with Trigon Engineering Consultants,Inc.in the amount of$2,550 for geotechnical services associated with the Jail Addition and the Courthouse Addition Projects;and authorize the Chair to sign on behalf of the Board. TRIGON ENGINEERING CONSULTANTS, INC. 6003 Chapel Hill Road, Suite 109• Raleigh, NC 27607 • (919) 859-0232• FAX (919) 859.1168 July 27, 1994 031-94-036-P G.J. Tierney Engineering 6015 Chapel Hill Road Raleigh, North Carolina 27607 Attention: Mr. Glenn Eason, P.E. Reference: Proposal for Subsurface Exploration Orange County Jail and Courthouse Additions Hillsborough, North Carolina Gentlemen: Trigon Engineering Consultants, Inc. (Trigon) appreciates the opportunity to submit this proposal to conduct a subsurface exploration and geotechnical evaluation for the proposed additions to both the existing Orange County Jail and Courthouse in Hillsborough, North Carolina. This proposal has been prepared based on the information provided by Mr. Glenn Eason of G.J. Tierney Engineering. Outlined in this proposal is a brief description of the project along with our proposed scope of services and an estimated fee. PROJECT INFORMATION The project will consist of the construction of an addition to both the existing Orange County Jail and Courthouse buildings. The jail structure is a two- and three-story building consisting of reinforced concrete with bearing walls and beam-column construction. We understand that maximum column and wall loads are on the order of approximately 400 kips and 6 kips/foot, respectively. Finish ground floor elevation of the existing structure is at 524.17 feet (site datum). The courthouse addition will be a lightweight, one-story and bearing wall structure. For this type of construction, we anticipate that wall loads will not exceed 3 kip/foot. 5 Mr. Glenn Eason July 27, 1994 Page Two PURPOSE AND SCOPE The purpose of the subsurface exploration will be to e_xplore the general subsurface conditions in the area of the proposed additions and to evaluate those conditions with regard to the design and construction of foundations and floor slabs. For purposes of this proposal, seven (7) soil P boring aze_,p osed; four borings for the jail addition and three borings for the courthouse addition. Boring depths are proposed at 30 and 20 feet, respectively, or to refusal. In each boring, Standard Penetration Tests will be performed in general accordance with ASTM D 1586-84 at suitable spacings to characterize the general subsurface conditions of the site. The borings will be staked in the field by Trigon using the existing onsite structures as references. Access to the borings appears to be clear. Since the borings may be advanced to refusal, some hard drilling will likely be required. We have budgeted for potential hard drilling. The results of the field testing will be summarized in a written report prepared under the direction of a registered professional engineer. The report will address the suitability of the subsurface conditions at the site for construction of foundations and slabs. Construction considerations regarding subgrade preparation, presence of groundwater, presence of rock, and fill compaction criteria will also be addressed. ESTIMATED FEE AND SCHEDULE Based on the scope of services outlined above, our estimated fee to perform an exploration for the jail and courthouse additions is $2,550. If a geotechnical exploration is to be performed for the jail addition only, an estimated fee of $1,770 is proposed. Our services will be provided on a time and materials basis at the appropriate unit fees using the estimated fee as a maximum not to exceed without your approval. If subsurface conditions are encountered that suggest modification to the proposed scope as previously noted, you will be contacted immediately for both your review and authorization. We can usually begin the field portion of the subsurface exploration within a few days after receiving formal authorization to proceed. AUTHORIZATION This proposal is an agreement for our services. Verbal authorization can be provided for scheduling of services; however, for insurance purposes, we will require written authorization prior to the mobilization of our personnel and equipment to the site. If our proposal is accepted, please take a few moments to complete and return the attached Proposal Acceptance Sheet. Please note the general terms and conditions on the back of the sheet, and that our terms for Mr. Glenn Eason July 27, 1994 Page Three payment are net due 15 days from date of invoice. Trigon Engineering Consultants, Inc. appreciates the opportunity to be considered for the above referenced work. Should you have any questions concerning this proposal or require additional information, please do not hesitate to contact us. Very Truly Yours, TRIGON ENGINEERING CONSULTANTS, INC. i tA Cue 440-4."- Peter D. Cnossen, P.E. Senior Geotechnical Engineer PDC/j tl COST ESTIMATE FOR Jail and Courthouse Addition Hillsborough, North Carolina Trigon Proposal No. 031-94-036-P Field Services 1. Mobilization, per occurrence $ 150.00 2. Borings Less than 60 bpf 7 borings x 20 feet/boring x $7.50/foot 1,050.00 Greater than 60 bpf 4 borings x 10 feet/boring x $9.50/foot 380.00 3. Crew Time, Moving 1 hour x $90.00/hour 9000 4. Boring Layout Engineer, 3 hours x $45.00/hour 135.00 Subtotal $ 1,805.00 Engineering Services Engineering, Drafting and Secretarial Support for the Preparation of an Engineering Report, estimated 750.00 Subtotal $ 750.00 Total Estimated Cost $2,550.00 6 COST ESTIMATE FOR Jail Addition Hillsborough, North Carolina Trigon Proposal No. 031-94-036-P Field Services 1. Mobilization, per occurrence $ 150.00 2. Borings Less than 60 bpf 4 borings x 20 feet/boring x $7.50/foot 600.00 Greater than 60 bpf 4 borings x 10 feet/boring x $9.50/foot 380.00 3. Boring Layout Engineer, 2 hours x $45.00/hour 90.00 Subtotal $- 1,220.00 Engineering Services Engineering, Drafting and Secretarial Support for the Preparation of an Engineering Report, estimated 550.00 Subtotal $ 550.00 Total Estimated Cost $1,770.00 7 TRIGON ENGINEERING CONSULTANTS, INC. Subsurface Exploration and Geotechnical Services UNIT FEE SCHEDULE DRILLING AND FIELD TESTING SERVICES 1. Mobilization and transportation of drill rig and crew, per occurrence Within 50-mile radius $150.00 2. Soil Test Borings (ASTM D 1586 includes split-spoon samples on 5-foot intervals) 0-50 feet: (a) Less than 60 blows, per linear foot $ 7.50 (b) Greater than 60 blows, per linear foot $ 9.50 For depths greater than 50 feet, add $2.00 per foot for each 25-foot increment of depth (c) Additional split-spoon samples, 0-50 feet, each $ 12.00 3, Hourly Rate for Drill Rig and Crew, per hour $ 90.00 4. Auger Borings, per linear foot $ 6.50 5. Wash Borings (4" diameter), per linear foot $ 6.50 For borings larger than 4" diameter, add $2.00 per inch of additional diameter 6. Subsistence per drill crew, per day $ 95.00 7. Undisturbed Samples (a) Standard 3" Shelby tube, each $ 50.00 (b) Piston 3" Shelby tube, each $ 90.00 8. Bag Samples, each $ 30.00 9. Difficult Moving (in excess of 'A-hour per boring), clearing access, standby time, laying water line, hauling water, and layout of borings, per hour $ 95.00 10. Rock Coring (a) Installation Casing, per foot $ 3.00 (b) Reaming Casing, per foot $ 6.50 (c) NQ or NX coring (including diamond bits and core boxes) (1) Hard Rock, per foot $ 26.50 NOTE: For Hard Broken Formations, Chert, Quartz, Recrystallized Sandstone and Limestone, add bit cost to Hard Rock rate 11. Water Trailer (when used by crew), per day $100.00 12. Dozer Rental for clearing access to boring locations and moving drill rig in difficult access areas Cost + 15% UNIT FEE SCHEDULE (Continued) LABORATORY TESTING 1. Percent Fines, each $ 25.00 2. Grain Size Test (Wash 200 Sieve), each $ 50.00 3. Grain Size Test (With Hydrometer), each $100.00 4. Natural Moisture Content Test, each $ 6.00 5. Atterberg Limits Test, each $ 40.00 6. Unit Weight and Moisture Determination Test, each $ 25.00 7. Consolidation Test, each $200.00 8. Standard Proctor Compaction Test, each $ 75.00 9. Modified Proctor Compaction Test, each $ 95.00 10. Unconfined Compression Shear Test, each $ 60.00 11. Triaxial Shear Test (each test includes 3 specimens and 3 Mohr's circles) (a) Unconsolidated, Undrained On Undisturbed Sample, each $375.00 On Remolded Sample, each $425.00 (b) Consolidated, Undrained with Back Pressure Saturation and Pore Pressure Measurements On Undisturbed Sample, each $450.00 On Remolded Sample, each $525.00 (c) Consolidated, Drained On Undisturbed Sample, each $600.00 On Remolded Sample, each $700.00 12. Permeability Test (constant or falling head) (a) Undisturbed Sample, each $175.00 (b) Remolded Sample, each $200.00 13. CBR Testing, per point $100.00 14. Special Testing on Hourly Basis, per hour $ 55.00 NOTE: If accelerated laboratory testing is requested, unit prices will be adjusted by a factor of two(2). ENGINEERING SERVICES 1. Staff Engineer or Geologist, per hour $ 45.00 2. Registered Engineer or Geologist, per hour $ 65.00 3. Senior Registered Engineer or Geologist, per hour $ 75.00 4. Senior Registered Engineer (Principal), per hour $ 85.00 5. Travel, by car, per mile $ 0.35 6. Overnight Living Expenses, per day Cost + 15% 7. Travel and Commercial Transportation Cost + 15% 8. Secretarial and Drafting Time for Preparation of Report, per hour $ 25.00 9. Reproduction of Reports, (first three copies to client at no charge ), each $ 10.00 10. Engineering Technician, per hour $ 29.00 RATES VALID THROUGH DECEMBER 31, 1994 7AVII TRIGON ENGINEERING CONSULTANTS, INC. 6003 Chapel Hill Road, Suite 109• Raleigh, NC 27607• (919) 859-0232 • FAX (919) 85941613 PROPOSAL ACCEPTANCE SHEET Description of Services: Proposal for Subsurfacae Exploration Project Name: Orange County Jail and Courthouse Additions Project Location: Hillsborough, North Carolina Proposal No. & Date: 031-94-036-P July 27, 1994 PAYMENT TERMS, Net 30 days from Invoice Issue Date. Invoices for completed work will be issued every four weeks for continuous or extended projects unless otherwise agreed. FOR PAYMENT OF CHARGES Charge Invoice to Account of: Firm: Address: Attention: PROPOSAL ACCEPTED BY: Signature & Title Date PROPERTY OWNER IDENTIFICATION (If other than above) Name: Address: Attention: If the invoice is to be mailed for approval to someone other than the account charged, please indicate below. Firm: Address: Attention: The proposed scope of work is subject to the "General Terms and Conditions" listed on the reverse of this sheet. 10t SPECIAL INSTRUCTIONS: /.€2611/Sty de,$ltsT OJp 54 f i l d e t e i V d I J S- táL A • GENERAL TERMS AND CONDITIONS STANDARD OF CARE.Tngon Engineering Consultants.Inc hereinafter TEC")will perform those Services contracted for with",'he scope Ot work using that degree of care as of the time services are rendered wnicn Is exercised by and consistent with the standards of similar consultants of ordinary skill and prudence practicing m me same or similar ideality of the protect site under similar cvcumstances as t0 the protect site SCOPE OF WORK,The Services to be performed are limited to those set forth in TEC's proposal and TEC shalt be under 50 duty ro render any service not expressly covered therein nor shalt TEC be liable for the failure to perform arty other ser/ices It the proposal does 1,01 include any services or testing at an environmental nature for hazardous wastes or substances then TEC may rely an the same as a disclosure by Client of the non presence of any SUCh waste or Substances On the proleCt Site The 'Contract Documents shall mean all terms and provisions set forth herein together with proposals. exhibits and other 0OCUments chat form a part of this Agreement .. PERMITS AND RIGHT OF ENTRY.Client warrants that TEC.its agents.staff.employees and subcontractors have permission TO enter upon all lands involved in the services to be performed and that Client possesses as necessary permits and licenses required for the activities being Conducted at the site If Client does not own the and where the services are to be performed.Client warrants that a has obtained the above required permission from the owner together with a release Of TEC by owner as to any damage Incidentally incurred In performance of the Service required WARRANTY.THE ONLY WARRANTY MADE BY TEC IS THAT IT WILL USE THAT DEGREE OF CARE SET FORTH IN THE STANDARD OF CARE ABOVE NO OTHER WARRANTY OR REPRESEN TA. TION EITHER EXPRESS OR IMPLIED,IS MADE OR INTENDED.INCLUDING.BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE DISCLOSURE.Client agrees to furnish or cause to be furnished all information Client has or through due diligence should have wnicn information TEC reasonably requires in order to property perrorm the Services TEC will not be responsible for any damges incurred by Client or third parties as a result of Client s failure!o disclose such information to TEC In addition TEC will not oe responsible for performing any services or advising Client of the necessity of performing any services caused by the failure to disclose such information HEALTH AND SAFETY NOTIFICATION.Client acknowledges mat the existence Of hazardous materials.substances.wastes and Other materials Or defects present on the premises can affect ine^ear" and safety of TEC s personnel and equipment and affect the procedures teat TEC will use to minimize risks to ifs employees and the ouoiic Thetetore Client warrdnis trial r has.al',d.s0cseo'c 'EC any knowledge which it IS aoen!s employees or others with whom it has contracted have.Or through the exercise or due diligence could obtain as to the existence or 00531015 existence i an,such hazardous materials substances wastes or other detective materials located on or about the protect premises Client agrees that i1 will oe haole.'or damages Suffered by TEC Is empiavees agen's a S�CCC'°i:'7is in the event of personal injury or disease or loss of equipment suffered I II by its failure to so disclose.i21 or by it or its agents and other contractors!allure to adequately protect'tom or oreyem'^o _,, of such materials on me site r c HAZARDOUS SUBSTANCE DISCLOSURE AND LIABILITY.TEC.",the performance 01 its Services does nab assume control of or responsibility for the site and yes no respons1oa,ty or'e0c^•rig any federal state or local public agencies arty conditions at the site that may represent a potential danger to public safety health or the environment Client snail do and senor",all acts and make such notifications as are appropriate or are required by federal.state or local statutes.laws.Ordinances or regulations In connection with the Services TEC performs Client agrees:hat'EC has not^onrr.outed to the presence of any hazardous materials.substances.wastes or other defective materials located on or about the protect site and TEC will not be liable to Client for any damages Ciaims expenses Y costs concerning me same arising Out Of the performance of Services requested by Client Client further agrees to bully hold harmless.indemnify protect and defend including the costs of attorney lees in its defense. TEC from and against any and all claims and liabilities resulting from or arising out of Services and testing performed by TEC.including the possible release or IntroOucl.on onto ine s.re 01 hazardous waste or substances caused by the Services.testing or drilling by TEC at the site whether the same are made by third Parties or by governmental agencies under any'ederai state iocai or common law now existing or hereafter arising.including.but not limited to.any claims or actions under the Comprehensive Environmental Response.Compensation and Liability Act as amended ass the Resources Conservation and Recovery Act.as amended INSURANCE. TEC maintains Workmen s Compensation and Employer s Liability Insurance in conformance with State Law In addition TEC maintains Comprehensive General Liaoihry'insurance and Automobile L.aoaity Insurance with combines single bodily iniury and property damage limits of 550000000 A Certificate at Insurance will be supplied evidencing such coverage which contains a 7ause providing Mal ten days written notice be given prior to cancellation of coverage it requested by Client Client shall be responsible for all other necessary and appropriate insurance tar!n P e .oleo:site LIABILITY AND INDEMNITY.Client a. • that TEC will not be liable or responsible any claim loss or damage asserted be it .is agents or employees Or 0 y Mira loamy axslnq:,,I at o' as a result of any act error Or omissio EC in the performance of the agreed se s beyond the limits coverage or conotti of insurance specified above or 's fee for its Services wnicneve• is greater In the event any this oar .rings suit or claim for damages against TE eging exposure to or damage iron mate elements or constituents at or fro tient 5 facility oetore during or a the performance of TEC s servi or as a result of any alleged act.error or om ion by TEC in performance of Its services tent agrees to hold TEC harmless a noemnify TEC for camases in urns beyond the limits covera.. • conditions Of insurance specified above or 'S fee.whichever.5 greater in the eve ny[biro party brings suit or claim t ama es against TEC alt or damage from mater...-lements Or constituents at or from Client s t 9 9 eginq pitab y nyfsuc during, cl alter performance TEC Of ss Seri,ces wnicn 5 TEC bully y or r red•^cost for remedial action i viii a ed: of Ili@ property or o- r property damages.Client agrees 10 defers C in any such suit or claim and hold TEC rm IPSS and indemnify TEC fully IOr such claims Client with cone PnCe will set hire and pay a . orney t0 defend TEC in any such Suit or cl will pay Court costs for which TEC may table•n any swim suit and will bear d bay litigation expenses Clie ncurs i pros ding a reasonable- i:professional defense which will be provide Client Client will have me right to investi negotiate anti settle with TEC's co urrence.any such suit or dal ,and TEC Will cooperate in the a- nse of any such suit or claim SAMPLING OR TESTING LOCATIONS.The unit fees included in this proposal do not include costs associated with surveying of the site Or the accurate horizontal and'vertical locations of tests Fed tests or boring locations described in TEC's reports or shown on TEC's sketches are based on specific information furnished to TEC by others or estimates made in the held Dy TEC 5 technic arts Soo- dimensions.depths or elevations are considered as approximations unless otherwise stated in the report DAMAGE TO EXISTING MAN-MADE OBJECTS.It shall be the responsibility of the Client or the owner or their duly authorized representatives.to disclose the presence and accurate location Ol all hidden or obscure manmade obtects.relative to field test or boring locations TEC's field personnel are trained to recognize clearly identifiable stakes or marking in the held.and without special written instructions.to initiate held testing,drilling and/or sampling within a lew feet of each designated location It TEC is cautioned.advised.or given data in writing that reveals the presence at underground or overground obstructions.such as utilities.pipes cables or tanks.special instructions will be given TEC personnel Client has sole responsibility for providing TEC with this mtorrnalion Client agrees to indemnify and save TEC harmless from all claims.suits losses.personal",tunes.death.and property liability resulting!ram unusual subsurface conditions or damages to subsurface structures owned by Client Or thiro darties.occurring in the performance Of the proposed work.whose presence and exact locations were not revealed to TEC in writing.and to reimburse TEC for expenses.n connection with any such claims or suits.including reasonable attorney s fees SAMPLE DISPOSAL AGREEMENT.Test specimens or samples(excluding drilling samples)will be disposed of immediately upon completion of tests All drilling samples will be disposed of'CO says atter submission of TEC s reoon unless otherwise requested Upon request. TEC will agree to retain test specimens or drilling samples tar a mutually acceptable storage charge CONTAMINATED EQUIPMENT.All laboratory and held equipment contaminated in performing TEC's Services and which cannot be reasonably decontaminated shall become the property and•escons,oii ity of Client All such equipment Shall De delivered to Client or disposed Of in a manner indicated for hazardous materials or substances Client agrees to pay TEC the lair market value of any such equipment which Cannot reasonaoiy be decontaminated UNFORESEEN OCCURRENCES.If during the performance of Services.any unforeseen hazardous substances or constituents or other unforeseen conditions or occurrences are encountered wnicn .n TEC s sate judgment significantly affect or may affect the Services.the risk involved in providing the Services.or the recommended scope of Services.TEC will promptly notify Client thereof Suosequent to mat notification TEC may tai it practicable.in TEC's sole judgment complete the original scope of work in accordance with the procedures originally provided in the proposal Si Agree with Client to modify the Scope of Work and the estimate of charges to include study of the previously unforeseen conditions or occurrences.such revision to be in writing ans signed Os ine odri■es and ncoroorated herein or r rerm.nate Me Services effective on the date specified by TEC in writing CLAIMS.in me event that Client makes a claim against TEC for any kind of relief for any alleged error omission.or act arising out of the performance of TEC's Services that cannot be mutually resolved without resort'a"ligation and Client fails to prevail on such claim.then Client shall pay all costs incurred by TEC in defending TEC against the claim.including.without limitation TEC s personnei'reiatec costs attorneys tees court costs arts Other claim•related expenses.including,without limitation.costs.lees and expenses of experts Client agrees that for the purposes of this Agreement rt has'ayes •o orr_va,i as'o•to claim when judgment in its favor in litigation is for a sum of money less than that sum offered by TEC to resolve the matter without litigation or wnen Client has a iudgment entered against cn any or all claims asserted INCIDENTAL SITE DAMAGE.Client recognizes that the Services to be rendered may unavoidably affect.alter or damage the terrain structures.buildings vegetation and equipment in at or upon•^e 5,1e and Client will nut hold rEC liable or responsible for the same LAW TO APPLY. fhe validity interpretation and performance of this Agreement shall be governed by and construed in accordance with the laws of the state of North Carolina NO WAIVER.No waiver sv either party of any default by the other party in the performance at ace provision of this agreement snail operate as or be construed as a waiver of any ruture default xmei^cr .e . _nt n character SEVERABILITY lb any provisirn ill'his Agreement or application thereof to any person or Circumstance shall to any extent be nvalid the remainder of this Agreement or me application ct such s'ire's r^ oe'sons or:rcumstances other man those as to Which it is held invalid.snail not be affected thereby.and each provision of this Agreement snail be valid and enforced to the fullest extent Demurred cv as ENTIRE AGREEMENT. 'h•s Agreement ncluding the Contract Documents represents the entire unoersrandinq and agreement between the parties hereto relating to the Services and supersedes do, and iii Ci i,r agree'-'enrs wnetnei 5,.ii,en on oral that may exist between the parties regarding same To the extent that any additional or ditterenr terms or conditions conflict with the terms and:or'c t i its -:,^P Anteeo,ne,n rig terms and cii'dit.Ons Ot this Agreement shall govern No amendment or modification to this Agreement or any waiver of any provisions hereof snail be effective unless in Cr'-q Ind PAYMENTS TERMS. A C..enl mil par fEC for services and expenses in accordance with the Contract Documents TEC will submit progress invoices to Client monthly and final invoice upon ComOlet,or Ot'15 Ser,ces Eacn nvoice or'.presentation '5 due and payable by Client Or its authorized representative Invoices are past due after 30 days Past sue amounts are subject to a service charge of one and one.nait oe".en' hc,month ieo'der annum,on the oulslanninq balance Attorneys lees and Other costs incurred in Collecting past due amounts shall be paid oy Client 9 TEO i^aiv re Said n lull inr all Services under iris Aoreement including any additional Services in excess Of mese stated.n Intl Agreement as specifically autnorized by Client C The Chem s 'Cl.dation to day in,the Services contracted is in no way dependent upon the Clients ability to obtain financing approval of governmental or regulatory agencies.or.,port ine suCCe55tui :0m0'Ptdn of!rte protect /1 Agreement with Trigon Engineering Consultants, Inc. Proposal No. 031-94-036-p General Terms and Conditions of this agreement are modified as follows: "Liability and Indemnity"Section shall be modified to read as follows: "Client agrees that TEC will not be liable or responsible for any claim, loss or damage asserted by Client, its agents or employees,or by any third party arising out of or as a result of any act,error or omission by TEC in the performance of the agreed services except in the case of gross negligence on the part of TEC employees or its agents. Client hereby agrees to indemnify TEC to the extent permitted by law and to the extent of insurance policies owned by the Client" 7AV 00 I MA �- z TRIGON ei- k -t (©ard ENGINEERING CONSULTANTS, INC. 6003 Chapel Hill Road, Suite 109• Raleigh, NC 27607 • (919) 859.0232 • FAX (919) 859-1168 July 27, 1994 031-94-036-P G.J. Tierney Engineering 6015 Chapel Hill Road Raleigh, North Carolina 27607 Attention: Mr. Glenn Eason, P.E. Reference: Proposal for Subsurface Exploration Orange County Jail and Courthouse Additions Hillsborough, North Carolina Gentlemen: Trigon Engineering Consultants, Inc. (Trigon) appreciates the opportunity to submit this proposal to conduct a subsurface exploration and geotechnical evaluation for the proposed additions to both the existing Orange County Jail and Courthouse in Hillsborough, North Carolina. This proposal has been prepared based on the information provided by Mr. Glenn Eason of G.J. Tierney Engineering. Outlined in this proposal is a brief description of the project along with our proposed scope of services and an estimated fee. PROJECT INFORMATION The project will consist of the construction of an addition to both the existing Orange County Jail and Courthouse buildings. The jail structure is a two- and three-story building consisting of reinforced concrete with bearing walls and beam-column construction. We understand that maximum column and wall loads are on the order of approximately 400 kips and 6 kips/foot, respectively. Finish ground floor elevation of the existing structure is at 524.17 feet (site datum). The courthouse addition will be a lightweight, one-story and bearing wall structure. For this type of construction, we anticipate that wall loads will not exceed 3 kip/foot. Mr. Glenn Eason July 27, 1994 Page Two PURPOSE AND SCOPE The purpose of the subsurface exploration will be to explore the general subsurface conditions in the area of the proposed additions and to evaluate those conditions with regard to the design and construction of foundations and floor slabs. For purposes of this proposal, seven (71soilt.est boring,._are..groposed; four borings for the jail addition and three borings for the courthouse addition. Boring depths are proposed at 30 and 20 feet, respectively, or to refusal. In each boring, Standard Penetration Tests will be performed in general accordance with ASTM D 1586-84 at suitable spacings to characterize the general subsurface conditions of the site. The borings will be staked in the field by Trigon using the existing onsite structures as references. Access to the borings appears to be clear. Since the borings may be advanced to refusal, some hard drilling will likely be required. We have budgeted for Rotential hard drilling. The results of the field testing will be summarized in a written report prepared under the direction of a registered professional engineer. The report will address the suitability of the subsurface conditions at the site for construction of foundations and slabs. Construction considerations regarding subgrade preparation, presence of groundwater, presence of rock, and fill compaction criteria will also be addressed. ESTIMATED FEE AND SCHEDULE Based on the scope of services outlined above, our estimated fee to perform an exploration for the jail and courthouse additions is $2,550. If a geotechnical exploration is to be performed for the jail addition only, an estimated fee of $1,770 is proposed. Our services will be provided on a time and materials basis at the appropriate unit fees using the estimated fee as a maximum not to exceed without your approval. If subsurface conditions are encountered that suggest modification to the proposed scope as previously noted, you will be contacted immediately for both your review and authorization. We can usually begin the field portion of the subsurface exploration within a few days after receiving formal authorization to proceed. AUTHORIZATION This proposal is an agreement for our services. Verbal authorization can be provided for scheduling of services; however, for insurance purposes, we will require written authorization prior to the mobilization of our personnel and equipment to the site. If our proposal is accepted, please take a few moments to complete and return the attached Proposal Acceptance Sheet. Please note the general terms and conditions on the back of the sheet, and that our terms for Mr. Glenn Eason July 27, 1994 Page Three payment are net due 15 days from date of invoice. Trigon Engineering Consultants, Inc. appreciates the opportunity to be considered for the above referenced work. Should you have any questions concerning this proposal or require additional information, please do not hesitate to contact us. Very Truly Yours, TRIGON ENGINEERING CONSULTANTS, INC. Peter D. Cnossen, P.E. Senior Geotechnical Engineer PDC/j tl A 7AV ,TRIGON. COST ESTIMATE FOR Jail and Courthouse Addition Hillsborough, North Carolina Trigon Proposal No. 031-94-036-P Field Services 1. Mobilization, per occurrence $ 150.00 2. Borings Less than 60 bpf 7 borings x 20 feet/boring x $7.50/foot 1,050.00 Greater than 60 bpf 4 borings x 10 feet/boring x $9.50/foot 380.00 3. Crew Time, Moving 1 hour x $90.00/hour 90.00 4. Boring Layout Engineer, 3 hours x $45.00/hour 135.00 Subtotal $ 1,805.00 Engineering Services Engineering, Drafting and Secretarial Support for the Preparation of an Engineering Report, estimated 750.00 Subtotal $ 750.00 Total Estimated Cost $2,550.00 TRIGON ENGINEERING CONSULTANTS, INC. Subsurface Exploration and Geotechnical Services UNIT FEE SCHEDULE DRILLING AND FIELD TESTING SERVICES 1. Mobilization and transportation of drill rig and crew, per occurrence Within 50-mile radius $150.00 2. Soil Test Borings (ASTM D 1586 includes split-spoon samples on 5-foot intervals) 0-50 feet: (a) Less than 60 blows, per linear foot $ 7.50 (b) Greater than 60 blows, per linear foot $ 9.50 For depths greater than 50 feet, add $2.00 per foot. for each 25-foot increment of depth (c) Additional split-spoon samples, 0-50 feet, each $ 12.00 3. Hourly Rate for Drill Rig and Crew, per hour . . . . $ 90.00 4. Auger Borings, per linear foot $ 6.50 5. Wash Borings (4" diameter), per linear foot $ 6.50 For borings larger than 4" diameter, add $2.00 per inch of additional diameter 6. Subsistence per drill crew, per day $ 95.00 7. Undisturbed Samples (a) Standard 3" Shelby tube, each $ 80.00 (b) Piston 3" Shelby tube, each $ 90.00 8. Bag Samples, each $ 30.00 9. Difficult Moving (in excess of 14-hour per boring), clearing access, standby time, laying water line, hauling water, and layout of borings, per hour $ 95.00 10. Rock Coring (a) Installation Casing, per foot $ 3.00 (b) Reaming Casing, per foot $ 6.50 (c) NQ or NX coring (including diamond bits and core boxes) (1) Hard Rock, per foot $ 26.50 NOTE: For Hard Broken Formations, Chert, Quartz, Recrystallized Sandstone and Limestone, add bit cost to Hard Rock rate 11. Water Trailer (when used by crew), per day $100.00 12. Dozer Rental for clearing access to boring locations and moving drill rig in difficult access areas Cost + 15% UNIT FEE SCHEDULE (Continued) LABORATORY TESTING 1. Percent Fines, each $ 25.00 2. Grain Size Test (Wash 200 Sieve), each $ 50.00 3. Grain Size Test (With Hydrometer), each $100.00 4. Natural Moisture Content Test, each $ 6.00 5. Atterberg Limits Test, each $ 40.00 6. Unit Weight and Moisture Determination Test, each $ 25.00 7. Consolidation Test, each $200.00 8. Standard Proctor Compaction Test, each $ 75.00 9. Modified Proctor Compaction Test, each $ 95.00 10. Unconfined Compression Shear Test, each $ 60.00 11. Triaxial Shear Test (each test includes 3 specimens and 3 Mohr's circles) (a) Unconsolidated, Undrained On Undisturbed Sample, each $375.00 On Remolded Sample, each $425.00 (b) Consolidated, Undrained with Back Pressure Saturation and Pore Pressure Measurements On Undisturbed Sample, each $450.00 On Remolded Sample, each $525.00 (c) Consolidated, Drained On Undisturbed Sample, each $600.00 On Remolded Sample, each $700.00 12. Permeability Test (constant or falling head) (a) Undisturbed Sample, each $175.00 (b) Remolded Sample, each $200.00 13. CBR Testing, per point $100.00 14. Special Testing on Hourly Basis, per hour $ 55.00 NOTE: If accelerated laboratory testing is requested, unit prices will be adjusted by a factor of two (2). ENGINEERING SERVICES 1. Staff Engineer or Geologist, per hour $ 45.00 2. Registered Engineer or Geologist, per hour $ 65.00 3. Senior Registered Engineer or Geologist, per hour $ 75.00 4. Senior Registered Engineer (Principal), per hour $ 85.00 5. Travel, by car, per mile $ 0.35 6. Overnight Living Expenses, per day Cost + 15% 7. Travel and Commercial Transportation Cost + 15% 8. Secretarial and Drafting Time for Preparation of Report, per hour $ 25.00 9. Reproduction of Reports, (first three copies to client at no charge ), each $ 10.00 10. Engineering Technician, per hour $ 29.00 RATES VALID THROUGH DECEMBER 31, 1994 Ti TRIGONI • ENGINEERING CONSULTANTS, INC. 6003 Chapel Hill Road, Suite 109• Raleigh, NC 27607 • (919) 859-0232 • FAX (919) 859-1168 PROPOSAL ACCEPTANCE SHEET Description of Services: Proposal for Subsurfacae Exploration Project Name: Orange County Jail and Courthouse Additions Project Location: Hillsborough, North Carolina Proposal No. & Date: 031-94-036-P July 27, 1994 PAYMENT TERMS Net 30 days from Invoice Issue Date. Invoices for completed work will be issued every four weeks for continuous or extended projects unless otherwise agreed. FOR PAYMENT OF CHARGES Charge Invoice to Account of: Firm: eatit orakse Address: "/ Z. Po e,Ox ele Alithborbay4 4(6 Attention: a/1/1 ri.e..5 01771-7e PROPOSAL ACCEPTED BY: 63:6I11 1L4dao1 CAL ?-6-9 Signature & Title Date /7 PROPERTY OWNER IDENTIFICATION (If tther than above) Name: Address: Attention: If the invoice is to be mailed for approval to someone other than the account charged, please indicate below. Firm: al - reLpp 4rdli4e. ) P. A . Address: 800 ( Arrrot.or ate hal'1 z8 z 13 -5ç Attention: A to" 44in tuL. The proposed scope of work is subject to the "General Terms and Conditions" listed on the reverse of this sheet. SPECIAL INSTRUCTIONS: tiabifilly €FfllUY1 Q-41./LSt /14.tcL4Wiet gj et-k- GENERAL TERMS AND CONDITIONS STANDARD OF CARE.Trigon Engineering Consultants.Inc.(hereinafter"TEC")will perform those Services contracted for within the scope of work using that degree of care as of the time services are rendered which is exercised by and consistent with the standards of similar consultants of ordinary skill and prudence practicing in the same or similar locality of the project site under similar circumstances as to the protect site SCOPE OF WORK.The Services to be performed are limited to those set forth in TEC's proposal and TEC shall be under no duly to render any service not expressly covered therein nor shall TEC be liable for the failure to perform any other services If the proposal does not include any services or testing of an environmental nature for hazardous wastes or substances then TEC may rely on the same as a disclosure by Client of the non-presence of any such waste or substances on the project site.The"Contract Documents"shall mean all terms and provisions set forth herein together with proposals. exhibits and other documents that form a part of this Agreement PERMITS AND RIGHT OF ENTRY.Client warrants that TEC.its agents.staff,employees and subcontractors have permission to enter upon all lands involved in the services to be performed and that Client possesses all necessary permits and licenses required for the activities being conducted at the site If Client does not own the land where the services are to be performed.Client warrants that it has obtained the above required permission from the owner together with a release of TEC by owner as to any damage incidentally incurred in performance of the Service required. WARRANTY.THE ONLY WARRANTY MADE BY TEC IS THAT IT WILL USE THAT DEGREE OF CARE SET FORTH IN THE STANDARD OF CARE ABOVE.NO OTHER WARRANTY OR REPRESENTA- TION.EITHER EXPRESS OR IMPLIED.IS MADE OR INTENDED.INCLUDING.BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE DISCLOSURE.Client agrees to furnish or cause to be furnished all information Client has or through due diligence should have which information TEC reasonably requires in order to properly perform the Services TEC will not he responsible for any damges incurred by Client or third parties as a result of Client's failure to disclose such information to TEC In addition,TEC will not be responsible for performing any services or advising Client of the necessity of performing any services caused by the failure to disclose such information. HEALTH AND SAFETY NOTIFICATION.Client acknowledges that the existence of hazardous materials.substances.wastes and other materials or defects present on the premises can affect the health and safety of TEC's personnel and equipment and affect the procedures that TEC will use to minimize risks to its employees and the public Therefore Client warrants that it has fully disclosed to TEC any knowledge which it,its agents.employees or others with whom it has contracted have.or through the exercise of due diligence could obtain as to the existence or possible existence of any such hazardous materials,substances.wastes or other defective materials located on or about the protect premises.Client agrees that it will be liable for damages suffered by TEC.its employees.agents or subcontractors in the event of personal injury or disease or loss of equipment suffered:(t)by Its failure to so disclose:(2)or by if or as agents and other contractors failure to adequately protect from or prevent the introduction of such materials on the site HAZARDOUS SUBSTANCE DISCLOSURE AND LIABILITY.TEC.in the performance of its Services does not assume control of or responsibility for the site and has no responsibility for reporting to any federal.state or local public agencies any conditions at the site that may represent a potential danger to public safety health or the environment.Client shall do and perform all acts and make such notifications as are appropriate or are required by federal.state or local statutes.laws,ordinances or regulations In connection with the Services TEC performs.Client agrees that TEC has not contributed to the presence of arty hazardous materials.substances.wastes or other defective materials located on or about the protect site and TEC will not be liable to Client for any damages,claims.expenses or costs concerning the same arising out of the performance of Services requested by Client.Client further agrees to fully hold harmless,indemnify,protect and defend.including the costs of attorney fees in its defense.TEC from and against any and all claims and liabilities resulting from or arising out of Services and testing performed by TEC,including the possible release or introduction onto the site of hazardous waste or substances caused,by the Services,testing or drilling by TEC at the site,whether the same are made by third parties or by governmental agencies under any federal,state,local or common law now existing or hereafter arising,including.but not limited to.any claims or actions under the Comprehensive Environmental Response.Compensation and Liability Act.as amended,and the Resources Conservation and Recovery Act,as amended. INSURANCE,TEC maintains Workmen's Compensation and Employer's Liability Insurance in conformance with State Law.In addition.TEC maintains Comprehensive General Liability Insurance and Automobile Liability Insurance with combined single bodily injury and property damage limits of$50000000,A Certificate of Insurance will be supplied evidencing such coverage which contains a clause providing that ten days written notice be given prior to cancellation of coverage if requested by Client Client shall be responsible for all other necessary and appropriate insurance for the Protect site LIABILITY AND INDEMNITY.Client a. <-s that TEC will not be liable or responsible - any claim.loss or damage asserted by nt.its agents or employees,or b . y third party arising out of or as a result of any act.error or omissio TEC in the performance of the agreed ser es beyond the limits.coverage or condW• of insurance specified above or 's fee for its Services whichever ` is greater In the event any third par .rings suit or claim for damages against TE eging exposure to or damage from mater..elements or constituents at or fro• lient's facility before,during.or a the performance of TEC's servo - or as a result of any alleged act,error or oar- ion by TEC in performance of its services•teat agrees to hold TEC harmless,a••indemnify TEC for damages in a•••unts beyond the limits,coverag- conditions of insurance specified above or • 's fee,whichever is greater.In the eve .ny third party brings suit or claim f. damages against TEC alleging- .osure to or damage from maleri-,elements or constituents at or from Client's f. y before,during.or after performance of t•-Services which is alleged to have r-• Ited in cost for remedial action. inhabitability of the property or o•-r property damages.Client agrees to defend C in any such suit or claim and hold TEC•-rmless and indemnify TEC fully for-- such claims Client.with conc ence%will select. hire and pay a .torney to defend TEC in any such suit or cl- .will pay Court costs for which TEC may 5- table in any such suit and will bear d pay litigation expenses Clie ncurs in providing a reasonable- d professional defense which will be provide. • Client Client will have the right to investi•- -.negotiate and settle.with TEC's co• urrence.any such suit or clot•,and TEC will cooperate in the d- •nse of any such suit or claim SAMPLING OR TESTING LOCATIONS.The unit fees included in this proposal do not include costs associated with surveying of the site or the accurate horizontal and vertical locations of tests Field tests or boring locations described in TEC's reports or shown on TEC's sketches are based on specific information furnished to TEC by others or estimates made in the field by TEC's technicians.Such dimensions,depths or elevations are considered as approximations unless otherwise stated in the report. DAMAGE TO EXISTING MAN-MADE OBJECTS.It shall be the responsibility of the Client or the owner.or their duly authorized representatives.to disclose the presence and accurate location of all hidden or obscure man-made objects.relative to field test or boring locations.TEC's field personnel are trained to recognize clearly identifiable stakes or marking in the field.and without special written instructions,to initiate field testing,drilling andfor sampling within a few feet of each designated location.If TEC is cautioned,advised,or given data in writing that reveals the presence of underground or overground obstructions,such as utilities.pipes.cables or tanks,special instructions will be given TEC personnel.Client has sole responsibility for providing TEC with this information Client agrees to indemnify and save TEC harmless from all claims,suits-losses,personal mturies-death.and property liability resulting from unusual subsurface conditions or damages to subsurface structures.owned by Client or third parties,occurring in the performance of the proposed work,whose presence and exact locations were not revealed to TEC in writing,and to reimburse TEC for expenses in connection with any such claims or suits.including reasonable attorney's fees. SAMPLE DISPOSAL AGREEMENT.Test specimens or samples(excluding drilling samples)will be disposed of immediately upon completion of tests.All drilling samples will be disposed of 60 days after submission of TEC's report unless otherwise requested.Upon request,TEC will agree to retain test specimens or drilling samples for a mutually acceptable storage charge. CONTAMINATED EQUIPMENT.All laboratory and field equipment contaminated in performing TEC's Services and which cannot be reasonably decontaminated shall become the properly and responsibil- ity of Client,All such equipment shall be delivered to Client or disposed of in a manner indicated for hazardous materials or substances.Client agrees to pay TEC the fair market value of any such equipment which cannot reasonably be decontaminated. • UNFORESEEN OCCURRENCES.If,during the performance of Services.any unforeseen hazardous substances or constituents or other unforeseen conditions or occurrences are encountered which. in TEC's sole judgment significantly affect or may affect the Services.the risk involved in providing the Services,or the recommended scope of Services,TEC will promptly notify Client thereof Subsequent to that notification.TEC may: (a)If practicable.in TEC's sole judgment complete the original scope of work in accordance with the procedures originally provided in the proposal: (b)Agree with Client to modify the Scope of Work and the estimate of charges to include study of the previously unforeseen conditions or occurrences,such revision to be in writing and signed by the parties and incorporated herein.or (c)Terminate the Services effective on the date specified by TEC in writing CLAIMS.In the event that Client makes a claim against TEC for any kind of relief,for any alleged error.omission.or act arising out of the performance of TEC's Services,that cannot be mutually resolved without resort to litigation,and Client fails to prevail on such claim,then Client shall pay all costs incurred by TEC in defending TEC against the claim.including,without limitation.TEC's personnel-related costs,attorney's fees-court costs.and other claim-related expenses.including,without limitation.costs,fees.and expenses of experts.Client agrees that for the purposes of this Agreement it has failed to prevail as to its claim when judgment in its favor in litigation is for a sum of money less than that sum offered by TEC to resolve the matter without litigation,or when Client has a judgment entered against it on any or all claims asserted INCIDENTAL SITE DAMAGE.Client recognizes that the Services to be rendered may unavoidably affect,alter or damage the terrain,structures,buildings.vegetation and equipment in,at or upon the site and Client will not hold TEC liable or responsible for the same. LAW TO APPLY.The validity.interpretation and performance of this Agreement shall be governed by and construed in accordance with the laws of the state of North Carolina. NO WAIVER.No waiver by either party of any default by the other party in the performance of any provision of this agreement shall operate as or be construed as a waiver of any future default.whether like or different in character SEVERABILITY.It any provision of this Agreement.or application thereof to any person or circumstance,shall to any extent be invalid.the remainder of this Agreement.or the application of such provision to persons or circumstances other than those as to which it is held invalid.shall not be affected thereby.and each provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. ENTIRE AGREEMENT.This Agreement.including the Contract Documents.represents the entire understanding and agreement between the parties hereto relating to the Services and supersedes any and all prior agreements,whether written or oral.that may exist between the parties regarding same To the extent that any additional or different terms or conditions conflict with the terms and conditions of this Agreement,the terms and conditions of this Agreement shall govern No amendment or modification to this Agreement or any waiver of any provisions hereof shall be effective unless in writing and signed by both parties PAYMENTS TERMS. A.Client will pay TEC for services and expenses in accordance with the Contract Documents.TEC will submit progress invoices to Client monthly and final invoice upon completion of ifs services Each invoice.on presentation.is due and payable by Client or its authorized representative.Invoices are past due after 30 days Past due amounts are subject to a service charge of one and one-half percent per month(18°ro per annum)on the outstanding balance.Attorney's fees and other costs incurred in collecting past due amounts shall be paid by Client. B TEC shall be paid in full for all Services under this Agreement,including any additional Services in excess of these stated in this Agreement as specifically authorized by Client. C The Clients obligation to pay for the Services contracted is in no way dependent upon the Client's ability to obtain financing.approval of governmental or regulatory agencies,or upon the Client's successful completion of the protect Agreement with Trigon Engineering Consultants, Inc. Proposal No. 031-94-036-p General Terms and Conditions of this agreement are modified as follows: "Liability and Indemnity"Section shall be modified to read as follows: "Client agrees that TEC will not be liable or responsible for any claim, loss or damage asserted by Client,its agents or employees,or by any third party arising out of or as a result of any act,error or omission by TEC in the performance of the agreed services except in the case of negligence on the part of TEC employees or its agents."