Loading...
HomeMy WebLinkAbout2017-111-E SW - SCS Engineers, PC for development of an integrated materials management facility DocuSign Envelope ID:2364CBD5-5A05-4BAC-BD85-FA3EA4597782 [Departmental Use Only] TITLE FY NORTH CAROLINA SCS CONSULTING SERVICES AGREEMENT UNDER $90,000 ORANGE COUNTY This Agreement, made and entered into this 20th day of February, 2017, ("Effective Date") by and between Orange County, North Carolina a body politic and corporate of the State of North Carolina (hereinafter, the "County") and SCS Engineers, PC, (hereinafter, the "Consultant"). WITNESSETH: That the County and Consultant, for the consideration herein named, do hereby agree as follows: ARTICLE 1 SCOPE OF WORK 1.1 Scope of Work 1.1.1 This Services Agreement ("Agreement") is for professional consulting services to be rendered by Consultant to County with respect to (insert type of project)Development of Initial Planning Documents For an Integrated Materials Management Facility and Regional Framework Considerations. 1.1.2 By executing this Agreement, the Consultant represents and agrees that Consultant is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. 1.1.3 Time is of the essence with respect to this Agreement. 1.1.4 The services to be performed under this Agreement consist of Basic Services, as described and designated in Article 3 hereof. Compensation to the Consultant for Basic Services under this Agreement shall be as set forth herein. ARTICLE 2 RESPONSIBILITIES OF THE CONSULTANT 2.1 Services to be Provided. The Consultant shall provide the County with all services required in Article 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. 2.2. Standard of Care 2.2.1 The Consultant shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the generally accepted standards of this type of Consultant practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Consultant is Revised 1/16 1 DocuSign Envelope ID:2364CBD5-5A05-4BAC-BD85-FA3EA4597782 solely responsible for the professional quality, accuracy and timely completion and submission of all reports, drawings, specifications, plans, documents and services (hereinafter "Deliverables") related to the Basic Services. 2.2.2 The Consultant shall be responsible for all errors or omissions, in the deliverables prepared by the Consultant. 2.2.3 The Consultant shall correct at no additional cost to the County any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts in any Deliverables prepared by the Consultant. 2.2.4 The Consultant shall assure that all Deliverables prepared by it hereunder are in accordance with applicable laws, statutes, and that any necessary or appropriate applications for approvals are submitted to federal, state and local governments or agencies in a timely manner so as not to delay the Project. 2.2.5 The Consultant shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. 2.2.6 Any and all employees of the Consultant engaged by the Consultant in the performance of any work or services required of the Consultant under this Agreement, shall be considered employees or agents of the Consultant only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Consultant. 2.2.7 Consultant agrees that Consultant and its subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Consultant's services under this Agreement. 2.2.8 If activities related to the performance of this agreement require specific licenses, certifications, or related credentials Consultant represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. ARTICLE 3 BASIC SERVICES 3.1 Basic Services 3.1.1 The Consultant shall perform as Basic Services the work and services described herein and as described in Exhibit A (Proposal) as Tasks 1, 2, 3, 4 and 5. Additional services shall only be performed and compensable upon Consultant submitting a written proposal and receiving written authorization from the County representative to perform said task(s). ARTICLE 4 DURATION OF SERVICES Revised 1/16 2 DocuSign Envelope ID:2364CBD5-5A05-4BAC-BD85-FA3EA4597782 4.1 Scheduling of Services 4.1.1 The Consultant shall schedule and perform its activities in a timely manner. 4.1.2 Should the County determine that the Consultant is behind the agreed upon schedule, it may require the Consultant to expedite and accelerate his efforts, including providing additional resources and working overtime, as necessary, to perform his services in accordance with the approved project schedule at no additional cost to the County. 4.1.3 The Commencement Date for the Consultant's Basic Services shall be February 20, 2017. ARTICLE 5 COMPENSATION 5.1 Compensation for Basic Services 5.1.1 Compensation for Basic Services shall include all compensation due the Consultant from the County for all services under this Agreement except for any authorized Reimbursable Expenses which are defined herein. The maximum amount payable for Basic Services is Seventy-Four Thousand Two Hundred Dollars ($74,200). The estimated amount payable for each individual task shall be as set forth in Attachment 1 of Exhibit A (Task 1, $11,400; Task 2, $9,300; Task 3, $20,000; Task 4, $15,000; and Task 5, $18,500). Payment for Basic Services shall become due and payable in direct proportion to satisfactory services performed and work accomplished. ARTICLE 6 RESPONSIBILITIES OF THE COUNTY 6.1 Cooperation and Coordination 6.1.1 The County has designated Gayle Wilson to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 6.1.2 The County shall be solely responsible for determining whether Consultant as satisfactorily completed Tasks. It is agreed that County shall not unreasonably withhold its determination of satisfactory completion of any Task. In the event the amount of an invoice is disputed County may withhold payment until the dispute is resolved by the parties. County may also withhold payment on an invoice until the satisfactory completion of a Task by Consultant. ARTICLE 7 INSURANCE AND INDEMNITY 7.1 General Requirements 7.1.1 Consultant shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, Professional Liability Insurance, and any additional insurance as may be required by Owner's Risk Manager as such Revised 1/16 3 DocuSign Envelope ID:2364CBD5-5A05-4BAC-BD85-FA3EA4597782 insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (if no additional insurance required mark N/A as being not applicable). Consultant shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 7.2 Indemnity 7.2.1 The Consultant agrees to indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from bodily injury including death or property damage to any person or persons to the extent caused in whole or in part by the negligence or misconduct of the Consultant except to the extent same are caused by the County. It is the intent of this provision to require the Consultant to indemnify the County to the fullest extent permitted under North Carolina law. ARTICLE 8 AMENDMENTS TO THE AGREEMENT 8.1 Changes in Basic Services 8.1.1 Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Consultant. The Consultant shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. ARTICLE 9 TERMINATION 9.1 Termination for Convenience of the County 9.1.1 This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days prior written notice to the Consultant. 9.2 Other Termination 9.2.1 The Consultant may terminate this Agreement based upon the County's material breach of this Agreement; provided the County has not taken all reasonable actions to remedy the breach. The Consultant shall give the County seven (7) days'prior written notice of its intent to terminate this Agreement for cause. 9.3 Compensation After Termination 9.3.1 In the event of termination, the Consultant shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Consultant. Revised 1/16 4 DocuSign Envelope ID:2364CBD5-5A05-4BAC-BD85-FA3EA4597782 9.3.2 Should this Agreement be terminated, the Consultant shall deliver to the County within seven (7) days, at no additional cost, all Deliverables including any electronic data or files relating to the Project. 9.4 Waiver 9.4.1 The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Consultant with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. 9.5 Suspension 9.5.1 County may suspend the work at any time for County's convenience and without penalty to County upon three (3) days' notice to Consultant. Upon any suspension by County, Consultant shall discontinue the work and shall not resume the work until notified to proceed by County. ARTICLE 10 ADDITIONAL PROVISIONS 10.1 Relationship of Parties 10.1.1 Consultant is an independent contractor of the County. Neither Consultant nor any employee of the Consultant shall be deemed an officer, employee or agent of the County. Consultant's personnel shall not be employees of, or have any contractual relationship with, the County. 10.2 Limitation and Assignment 10.2.1 The County and the Consultant each bind themselves, their successors, assigns, and legal representatives to the terms of this Agreement. Neither the County nor the Consultant shall assign or transfer its interest in this Agreement without the written consent of the other. 10.3 Governing Law 10.3.1 This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. Consultant shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10.4 Dispute Resolution 10.4.1 Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is Revised 1/16 5 DocuSign Envelope ID:2364CBD5-5A05-4BAC-BD85-FA3EA4597782 agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. Under no circumstances shall any dispute be addressed through binding arbitration. 10.5 Extent of Agreement 10.5.1 This Agreement, together with the Request for Proposals together with attachments distributed by the County and the Consultant's submitted Proposal, all of which constitute the Contract Documents, represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. In the event of a conflict among the terms of the Contract Documents, the priority of documents shall be This Agreement, the County's Request for Proposals, attachments to the County's Request for Proposals, the Consultant's Proposal. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. 10.6 Severability 10.6.1 If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. 10.7 Ownership of Deliverables 10.7.1 Upon payment in full for services rendered, all Deliverables, together with all supporting materials, source documentation, data collected, field notes, and working drafts, developed in the performance of this Agreement shall become the property of the County and may be used on any other project without additional compensation to the Consultant. The use of the Deliverables by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. 10.8 Non-Appropriation 10.8.1 Consultant acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Consultant of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Consultant of such limitation or change in County's legal authority. Revised 1/16 6 DocuSign Envelope ID:2364CBD5-5A05-4BAC-BD85-FA3EA4597782 10.9 Notices and Signatures 10.9.1 This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 10.9.2 Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Consultant's Name &Address Attention: Gayle Wilson SCS Engineers, PC P.O. Box 8181 15521 Midlothian Turnpike Hillsborough,NC 27278 Suite 305 Midlothian, VA 23113 [SIGNATURE PAGE TO FOLLOW] Revised 1/16 7 DocuSign Envelope ID:2364CBD5-5A05-4BAC-BD85-FA3EA4597782 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. COUNTY: Orange County CONSULTANT: SCS Engineers, PC LatDocuSigned by: DocuSigned by: botAAAAG Nuitoltxstui Oaf f. VA 4lVlfl' gerD£69Dik, Vice President Printed Name and Title Revised 1/16 8 DocuSign Envelope ID:2364CBD5-5A05-4BAC-BD85-FA3EA4597782 SCS ENGINEERS AGREEMENT FOR CONSULTING SERVICES BETWEEN SCS ENGINEERS AND ORANGE COUNTY, NC FOR SOLID WASTE MANAGEMENT PROFESSIONAL CONSULTING SERVICES DEVELOPMENT OF INITIAL PLANNING DOCUMENTS FOR AN INTEGRATED MATERIALS MANAGEMENT FACILITY (SOLID WASTE TRANSFER STATION ) AND REGIONAL FRAMEWORK CONSIDERATIONS 1 . SCOPE OF SERVICES TO BE PERFORMED: This scope of services outlines the tasks identified by SCS Engineers, PC (SCS) and Orange County, NC necessary to assist the County with the initial planning considerations for the permitting, design, and development of an Integrated Materials Management Facility (commonly referred to as a solid waste transfer station and materials recovery facility) and the development of an initial planning framework for regional stakeholders. The objective for this proposed assignment is to: A) develop an initial planning framework for the County and its partners, including the Towns of Carrboro, Chapel Hill, and Hillsborough(Towns) and the University of North Carolina at Chapel Hill and its associated hospital, UNC Health Care (UNC) as well as the City of Durham to explore potential solid waste management system partnerships and efficiencies at the regional level and, B) develop the initial planning documentation necessary, for the County and its stakeholders (listed above) to develop a basic outline of the proposed Facility's features, functions, permitting processes, schedule for design and construction, and fiscal implications. Based on SCS' meeting with the local solid waste and public works directors in November 2016, we understand the purpose of the initial Facility planning documentation is to determine the necessity of such a facility and to evaluate how the Facility would serve as an integral component in the existing and future solid waste and recycling programs. The initial planning documentation will need to analyze the economic feasibility of the Facility, outline some basic preliminary functional and operational aspects (throughput capacity, materials accepted, etc.), offer some preliminary conceptual designs for consideration, and include preliminary site evaluations of potential locations for the Facility on up to four(4) County or Partner-owned parcels of land. This analysis shall examine the feasibility and cost-benefit of using any existing facilities or modification and expansion thereof to serve all or any portion of waste and recovery management needs in lieu of or to supplement the construction of a new facility to serve the region. An examination of solid waste transportation alternatives and impacts for the proposed Facility should be included. Based on SCS' meeting with regional stakeholder leadership and solid waste/public works staff in February 2017, we understand the purpose of the initial planning framework is to solicit input from stakeholder leadership/staff on their current and future needs and strategies for solid waste and other discarded material management systems. This input will be compiled, analyzed, and summarized in a manner which enables the stakeholders to 02238216 1 12/27/16 DocuSign Envelope ID:2364CBD5-5A05-4BAC-BD85-FA3EA4597782 SCS ENGINEERS explore potential future partnerships and efficiencies both locally between in-County stakeholders (Orange County, Towns, and UNC) as well as regionally between local stakeholders and the City of Durham. To carry out effectively this scope, SCS will need to consult and meet with the staff of the County and its area partners. APPROACH As discussed with solid waste directors from Orange County and the Towns of Chapel Hill, Hillsborough, and Carrboro (Towns), SCS will develop the following initial planning documentation, which is intended to facilitate discussions and deliberations between the local partners related to an Integrated Materials Management Facility(Facility) and enable decision-makers to approve staff to pursue implementation of the project: • Executive Summary Needs Assessment • Preliminary Economic Feasibility Study • Initial Regional Planning Framework Report • Preliminary Conceptual Design Plan • Preliminary Site Evaluations TASK 1 — EXECUTIVE SUMMARY NEEDS ASSESSMENT The need for a local Facility to accept the solid waste and recyclable materials collected by the various municipalities and to manage the transfer of such materials to various destinations for ultimate re-use or disposal is well documented. During the development of the Chapel Hill Solid Waste Disposal Options Plan in 2013 as well as the Orange County Financial Plan in 2016, SCS identified that such a facility would be beneficial to alleviate the operational challenges of transporting materials to the transfer stations located in the City of Durham. The potential for such a Facility to serve as the "enterprise" and serve as a source of revenue for the County's Solid Waste Department Enterprise Fund was also noted in the Plan. The Town of Chapel Hill has already approved funding for a facility of this nature to serve the Town's programs. Under this Task, SCS will prepare a brief, executive summary-style Needs Assessment Report addressing the fundamental vision and strategy for delivering the proposed Facility for presentation to the County and Towns executive leadership and other interested parties such as the Solid Waste Advisory Group (SWAG). SCS anticipates the Report will address the following elements: • Purpose of proposed regional Facility • Proposed ownership and operational responsibilities • Anticipated customers • Services to be provided • Economic considerations • Fuel usage and emissions reductions considerations • Other non-economic benefits and considerations • Impacts on existing County and Towns solid waste and recycling programs 02238216 2 12/27/16 DocuSign Envelope ID:2364CBD5-5A05-4BAC-BD85-FA3EA4597782 SCS ENGINEERS • Plan for public communications and engagement • Facility permitting requirements • Preliminary schedule for site selection,permitting, design, and construction • Potential risks to stakeholders represented by project implementation The Report will include a preliminary Facility pro forma model developed to communicate the anticipated fiscal considerations (expenses and revenues), outline a hypothetical funding structure, and address the potential savings to partner municipalities. The preliminary schedule will include aspects of the Facility development process, such as development of a Preliminary Engineering Report, candidate property identification/evaluation,property selection, conceptual design, final design, regulatory permitting, construction, and Facility commissioning. SCS will account for the durations that occur on projects of this nature, with some contingencies to allow for variables that may require a change in focus. Task 1 deliverables include an Executive Summary Needs Assessment Report and SCS' participation during a meeting with County and Town managers on 1/4/17 to discuss the relevant aspects and implications of the proposed regional Integrated Materials Management Facility. In addition, SCS will prepare and present the findings of the Executive Summary Needs Assessment during the SWAG meeting anticipated for 1/30/17. TASK 2 — PRELIMINARY ECONOMIC FEASIBILITY STUDY If the stakeholders decide to pursue the development of a regional Integrated Materials Management Facility based on the deliberations facilitated by the initial planning developments under Tasks 1, a Preliminary Economic Feasibility Study under Task 2 will be initiated. This Study will incorporate comments provided by the stakeholders (County and Town staff, SWAG committee, and elected officials) during Task 1. A kickoff meeting is expected, in which basic parameters of the project will be confirmed and set including timeframe, system components, key variables and data needs, communication protocols between County and Town personnel and the project team, and other elements not already established. SCS anticipates additional activities will involve the following: • Perform Preliminary Economic Analysis: SCS will refine the pro forma model developed as part of the previous efforts to incorporate costs incurred/eliminated from the perspective of the Towns in addition to the County. Develop an output summary of best case, worst case, and expected Net Present Value (NPV) and Internal Rate of Return(IRR) metrics based on the most feasible final disposal facility for waste transferred out of Orange County from the proposed Facility. • Develop Listing of Performance Specifications: SCS will develop a listing of quantitative performance specifications for the Facility including size, capacity, equipment, service lines, methods of operations, materials and style of construction, as well as important qualitative aspects such as environmental impact, impact on surrounding neighborhoods, safety, integration with current operations, and destination/control of the regional solid waste and recyclable materials stream. Because many of the considerations listed above have economic impacts, the 02238216 3 12/27/16 DocuSign Envelope ID:2364CBD5-5A05-4BAC-BD85-FA3EA4597782 SCS ENGINEERS economic analysis will present the expected cash flows directly related to operations and costs regarding collection, transfer, and final disposal of waste. Task 2 deliverables include a Preliminary Economic Feasibility Study Report. TASK 3 — DEVELOPMENT OF INITIAL REGIONAL PLANNING FRAMEWORK Based on SCS' meeting with regional stakeholder leadership and solid waste/public works staff in February 2017, we understand the purpose of the initial planning framework is to solicit input from stakeholder leadership/staff on their current and future needs and strategies for solid waste and other discarded material management systems. This input will be compiled, analyzed, and summarized in a manner which enables the stakeholders to explore potential partnerships and efficiencies both locally between in-County stakeholders (Orange County, Towns, and UNC) as well as regionally between local stakeholders and the City of Durham. SCS will accomplish this by using an individual stakeholder-by-stakeholder approach. SCS will start the work effort required for each stakeholder by issuing a request for information to include current waste and recyclable material tonnage data, staff organizational chart, fleet/equipment lists, contracts, budgets and other relevant data as available. SCS will directly engage each stakeholder by visiting the base of operations for each entity's solid waste management and/or public works departments and interviewing the manager and staff This will be conducted in a one-on-one setting to encourage honest and open communication. SCS will also interview other authoritative solid waste/public works staff as needed and/or available to provide supplementary information. The following stakeholders will be addressed by SCS: • Orange County • Town of Chapel Hill • Town of Carrboro • Town of Hillsborough • UNC-Chapel Hill (University) • UNC Health Care (Hospital) • City of Durham The results from this task will be compiled into an Initial Regional Planning Framework Report that will outline leadership and staff feedback. The Report will summarize the needs, interests, and strategies communicated by each partner and provide analysis of potential synergies. More in-depth research and analysis of findings beyond a response to each interview can be provided by SCS in a separate task order as needed. Additional deliverables for this task will come in the form of two SCS presentations at the conclusion of the interview effort; one at a meeting of the regional stakeholder group and one at a meeting of the Orange County Board of Commissioners. 02238216 4 12/27/16 DocuSign Envelope ID:2364CBD5-5A05-4BAC-BD85-FA3EA4597782 SCS ENGINEERS TASK 4 — PRELIMINARY CONCEPTUAL DESIGN PLAN If the stakeholders decide to pursue the development of a regional Integrated Materials Management Facility based on the deliberations facilitated by the initial planning under Tasks 1 through 3, development of a Preliminary Conceptual Design Plan under Task 4 will be initiated to expand upon the findings of the Executive Summary Needs Assessment and supplement Task 2. Based on the meeting minutes from Task 2 and a review of the Facility's design requirements, SCS will develop a generic concept layout for consideration along with a Conceptual Design Report to document critical design criteria. The Report and concept layout will consider preliminary objectives and design elements of the Facility. This may include a basic vision for the Facility fitting with the character of the surrounding community and sample descriptions and pictures for use in any initial presentations given to the public. SCS will focus on developing generic, conceptual design components for educating County and Town decision makers and the public. Examples of conceptual design components include: • Site accessibility and visibility requirements • Overall center layout • Center structural aspects including sizing • Traffic flow into and within the facility • Landscaping requirements • Fencing and gate requirements • Driving surface and other surface improvements • Ease and convenience of hauling/transportation • Future expandability and adequacy of space for vehicles and materials • Development of waste materials and categories of recyclables that will be accepted at the Facility as well as preliminary ideas for materials handling • Review of additional regulatory/permitting requirements by various agencies • Review of any previous study, analysis, design, or other relevant work that may be helpful in the preliminary design process SCS will submit a Draft Conceptual Design Report and site layout to the County for review and comment. Upon receiving review comments from the County, SCS will hold a discussion with the County about the proposed changes and provide written responses to the comments on the Conceptual Design documents. Additional deliverables include the preparation and presentation of the findings of the Preliminary Economic Feasibility Study 02238216 5 12/27/16 DocuSign Envelope ID:2364CBD5-5A05-4BAC-BD85-FA3EA4597782 SCS ENGINEERS and Preliminary Conceptual Design Plan for the SWAG meeting anticipated for March or April 2017. TASK 5 — PRELIMINARY SIT E EVALUATIONS Upon receiving input from County and Town stakeholders and receiving authorization to proceed, SCS will perform additional work under Task 5 to include preliminary site evaluations of potential locations for the Facility on existing County or Town-owned parcels of land on an as-needed basis on up to four(4) parcels. SCS anticipates that a minimum of three (3)parcels within close proximity of existing solid waste facilities on Eubanks Road will need to be evaluated. SCS recognizes that the County wishes this task be performed quickly and deliberately upon the conclusion of Task 2 through 4 activities. SCS will perform a site reconnaissance at each candidate site to assess physical site conditions. Considerations such as geotechnical constraints,property layout and size, potential ingress/egress, and impact mitigation measures (buffer zones and screening) to reduce noise, dust, and odors will be assessed. In addition, environmental factors (such as storm water control, the proximity of floodplains, wetlands, and certain habitats)will also be assessed. Special attention will also be given to issues encountered during previous transfer station siting activities performed by the County prior to the closure of the Orange County Landfill. SCS will evaluate factors such as surrounding zoning and land use, traffic compatibility, and proximity to existing centralized operations and fleet yards in the context of these previous activities. Protected settings such as historical sites, archaeological areas, prime farmland, nature preserves and parks will also be identified if in close proximity to a candidate site. Using the needs, specifications, and conceptual design components along with additional criteria established by the County and Towns during Tasks 1 through 4, each site will be assessed for suitability for use as a location for the Facility. Based on the results of these evaluations, SCS will develop a Preliminary Site Evaluation Report. SCS will also prepare a presentation containing the findings of the Report and make a presentation at a SWAG meeting at a future date not included in previous tasks. 2 . WORK ORDER SCHEDULE: SCS is prepared to begin performing the work efforts identified under Task 1 as described above upon receiving authorization from the County to proceed and will complete the Report by 12/31/16. Upon authorization to proceed, Tasks 2 and 3 will be performed simultaneously, with completion scheduled for March 2017. The durations for submitting the deliverables under Tasks 2 and 3 will be discussed with the County prior to commencement of work efforts on these tasks. The schedule for accomplishing the Conceptual Design Plan under Task 4, and the Preliminary Site Evaluations under Task 5, will depend on the results of Tasks 1 through 3, but we anticipate each task will take a minimum of 3 to 4 weeks to complete. 02238216 6 12/27/16 DocuSign Envelope ID:2364CBD5-5A05-4BAC-BD85-FA3EA4597782 SCS ENGINEERS 3 . COMPENSATION : Compensation shall be as indicated below. Refer to the Attachment 1 Fee Estimate. SCS will be compensated for time and expenses in accordance with SCS' standard rates in effect at the time of performance, provided that total compensation will not exceed $74,200 without the Client's authorization. The budgetary fee estimate is as follows: • Task 1 —Executive Summary Needs Assessment $11,400 • Task 2—Feasibility Study and Report Development $ 9,300 • Task 3 —Initial Regional Planning Framework $20,000 • Task 4—Preliminary Conceptual Design Plan $15,000 • Task 5 —Preliminary Site Evaluations and Report $18,500 Total Amount of this Work Order= $74,200 02238216 7 12/27/16 DocuSign Envelope ID:2364CBD5-5A05-4BAC-BD85-FA3EA4597782 ATTACHMENT 1 FEE ESTIMATE FOR DEVELOPMENT OF INITIAL PLANNING DOCUMENTS FOR AN INTEGRATED MATERIALS MANAGEMENT FACILITY (SOLID WASTE TRANSFER STATION) AND REGIONAL FRAMEWORK CONSIDERATIONS ORANGE COUNTY, NORTH CAROLINA TASK 1 TASK 2 TASK 3 TASK 4 TASK 5 EXECUTIVE SUMMARY PRELIMINARY REGIONAL PRELIMINARY NEEDS ASSESSMENT ECONOMIC FRAMEWORK CONCEPTUAL PRELIMINARY TOTAL Rate FEASIBILITY STUDY DEVELOPMENT DESIGN PLAN SITE EVALUATIONS PROJECT LABOR CATEGORY $/hr Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Project Director $ 200 20 $ 4,000 12 $ 2,400 32 $ 6,400 16 $ 3,200 32 $ 6,400 112 $ 22,400 Project Manager $ 170 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Sr.Project Professional $ 125 10 $ 1,250 16 $ 2,000 16 $ 2,000 48 $ 6,000 18 $ 2,250 108 $ 13,500 Project Coordinator $ 115 4 $ 460 4 $ 460 8 $ 920 4 $ 460 6 $ 690 26 $ 2,990 Project Professional $ 110 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Staff Professional $ 95 52 $ 4,940 40 $ 3,800 100 $ 9,500 50 $ 4,750 80 $ 7,600 322 $ 30,590 Assoc.Staff Professional $ 80 0 $ - 0 $ - 0 $ - 0 $ - 8 $ 640 8 $ 640 TOTAL LABOR 86 $10,650 72 $8,660 156 $18,820 118 $14,410 144 $17,580 576 $70,120 OTHER DIRECT COSTS Auto/Mileage $ 250 $ 125 $ 450 $ 125 $ 400 $ 1,351 Telephone/Facsimile $ 28 $ 31 $ 50 $ 28 $ 25 $ 162 Reproduction/Printing $ 100 $ 125 $ 125 $ 80 $ 100 $ 529 Admin/Computer $ 275 $ 275 $ 400 $ 280 $ 275 $ 1,505 TOTAL ESTIMATED ODC's BY TASK $ 652 $ 556 $ 1,026 $ 513 $ 800 $ 3,548 Administrative(15%) $ 98 $ 83 $ 154 $ 77 $ 120 $ 532 TOTAL $11,400 $9,300 $20,000 $15,000 $18,500 $74,200 02238216 1 2/27/16 DocuSign Envelope ID:2364CBD5-5A05-4BAC-BD85-FA3EA4597782 Environmental Consultants 15521 Midlothian Turnpike 804 378-7440 Suite 305 FAX 804 378-7433 Midlothian, VA 23113-7313 www.scsengineers.com S C/Si; %ENGINEERS i;,,// FEE SCHEDULE January 1, 2017 Rate/Hour Project Director $200 Senior Project Advisor $175 Project Manager $170 Project Advisor $145 Project Superintendent $125 Senior Project Professional $125 Project Coordinator $115 Project Professional $110 Staff Professional $95 Designer $90 Senior Technician $85 Associate Staff Professional $80 Technician $65 Administrative $60 General Terms: 1. The hourly rates are effective through December 31, 2017. Work performed thereafter is subject to a new Fee Schedule. 2. The above rates include salary, overhead, administration, and profit. Costs for outside consultants, laboratory and subcontractors and for job related travel (current automobile mileage rate is $0.535 per mile, or current IRS rate) and subsistence, computer and administration fee ($4.00 per billable hour for non-field work), equipment, supplies, etc., are billed at actual cost plus 15 percent. 3. Charges for equipment usage will be invoiced in accordance with SCS' Equipment Rates schedule, plus 15 percent. 4. Invoices will be prepared monthly for work in progress, unless otherwise agreed. Invoices are due and payable upon receipt. Invoices not paid within 30 days are subject to a service charge of 1.5 percent per month on the unpaid balance. 5. Payment of SCS invoices for services performed will not be contingent upon the client's receipt of payment from other parties, unless otherwise agreed to in writing. Client agrees to pay legal costs, including attorney's fees incurred by SCS in collecting any amounts past due and owing on client's account. 6. Rates for Senior Executives and Principals of the firm and special situations, such as litigation support and expert testimony, are negotiated on a project-specific basis. Offices Nationwide i1.41 DocuSign Envelope ID: 2364CBD5-5A05-4BAC-BD85-FA3EA4597782 ",,,...•..11.40 op DATE(MM/DD/YYYY) .ASRI CERTIFICATE OF LIABILITY INSURANCE 03/18/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on •this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). c PRODUCER CONTACT AOn Risk Insurance Services West, Inc. PHONE FAX LOS Angeles CA Office (A/C.No.Ext): 0866) 283-7122 (A/C.No.): 800-363-0105 707 wi1shire Boulevard E-MAIL 0 Suite 2600 ADDRESS: _ Los Angeles CA 90017-0460 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Zurich American Ins Co 16535 SCS Engineers, SCS Energy INSURER B: Steadfast Insurance Company 26387 SCS Field Services, SCS BT Squared, SCS Tracer Environmental, SCS ES Consultants INSURER C: ,SCS Globex Engineering, and SCS INSURER D: Aquaterra, 3900 Kilroy Airport way, #100 Long Beach CA 90806-6816 USA INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570061478021 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY GL0011277801 03/31/2016 03/31/2017 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 (74 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 09 tcti POLICY X PRCOT- X LOC PRODUCTS-COMP/OP AGG $4,000,000 up • o OTHER: o ti A AUTOMOBILE LIABILITY $2,000,000 BAP 0112780-01 04/01/2016 04/01/2017 COMBINED SINGLE LIMIT V) (Ea accident) X ANY AUTO BODILY INJURY(Per person) Z OWNED SCHEDULED BODILY INJURY(Per accident) 0 AUTOS ONLY AUTOS • "" HIRED AUTOS NON-OWNED PROPERTY DAMAGE R ONLY AUTOS ONLY (Per accident) w t: d UMBRELLA LIAB OCCUR EACH OCCURRENCE • 0 EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION A WORKERS COMPENSATION AND wC011277901 04/01/2016 04/01/2017 X I PEATUTE 1 EORH EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000— B Env Prof (E&0) IPR379235301 03/31/2016 03/31/2017 Per Claim $2,000,000 Prof/Poll Liab Aggregate $2,000,000 SIR applies per policy terms & conditions DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Se- Evidence of Insurance ag gii CERTIFICATE HOLDER CANCELLATION r� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE --V. POLICY PROVISIONS. - SCS Engineers, SCS Energy, SCS Field AUTHORIZED REPRESENTATIVE Services, SCS BT Squared, SCS Tracer ��t.��,//�� yy/rF�y�� � Environmental, SCS ES Consultants, SCS a4l6Kc/?t.1iG3s2 a/GG2�i / ?ZG Globex Engineering, and SCS Aquaterra — 3900 Kilroy Airport way, #100 Long Beach CA 90806-6816 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD