HomeMy WebLinkAboutAgenda - 01-26-2004-8gORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 26, 2004
Action Agenda
Item No. J
SUBJECT: Agreement For Groundwater Monitoring for the Orange County Landfill
DEPARTMENT: Solid Waste
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Agreement with Research and
Analytical Laboratories, Inc. for
Groundwater Monitoring
INFORMATION CONTACT:
Gayle Wilson, Solid Waste Director
968-2885
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To extend the Solid Waste Department agreement with Research and Analytical
Laboratories, Inc. for ground water monitoring services at the Orange County Landfill for three
additional years through December 31, 2006.
BACKGROUND: Research and Analytical Laboratories have been providing semi-annual
groundwater monitoring services at the landfill since 1992. Ground water monitoring is required
by the Division of Waste Management, North Carolina Department of Environment
and Natural Resources.
The landfill currently monitors 29 groundwater wells and two surface water sampling locations
on a semiannual schedule in accordance with SECTION .1632 GROUNDWATERSAMPLING
AND ANALYSIS REQUIREMENTS as contained in SECTION.1600 REQUIREMENTS FOR
MUNICIPAL SOLID WASTE LANDFILL FACILITIES (MSWLFs). There are 15 wells on the
north side of Eubanks Road and 14 wells on the south side.
Groundwater elevations are measured immediately prior to purging each time groundwater is
sampled. The groundwater elevations are used to prepare a groundwater contour map, which
is used to determine the direction of the groundwater flow. Samples are taken for analysis of
organic and inorganic constituents. The laboratory results are forwarded to Draper Aden
Associates for preparation of the groundwater report. The report contains all of the historical
data from previous groundwater analyses and any recommendations for further investigations.
The semiannual report is forwarded to the Department of Environment and Natural Resources,
Division of Solid Waste.
The new C&D landfill has an approved groundwater monitoring plan. Sampling will commence
after the new landfill is constructed and prior to accepting construction and demolition waste.
The New C&D landfill will have 6 new groundwater wells and one surface water location that will
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be added to the above monitoring program. Four existing monitoring wells from the north side
will also be used when analyzing the groundwater and preparing a groundwater flow map.
FINANCIAL IMPACT: The rate schedule for the renewal period will remain the same as the
previous term. Funds for Fiscal Year 2003-04 are available in the Solid Waste Department
budget, Estimated FY 2003/04 expenditure is $81,500.
RECOMMENDATION(S): The Manager recommends that the Board approve the contract with
Research and Analytical Laboratories, Inc, of Kernersville, NC and authorize the Chair to sign
the Contract, subject to final review by staff and the County Attorney.
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STATE OF NORTH CAROLINA
THE COUNTY OF ORANGE
AGREEMENT FOR
GROUND WATER MONITORING
This Agreement, made and entered into by and between The County of'Orange, on behalf
of its Solid Waste Department, herein referred to as "County" and Research and
Analytical Laboratories, Inc., P.O. Box 473, Kernersville, North Carolina, hereinafter
referred to as "Contractor" to provide ground water monitoring services, in and around
the Orange County Landfill.
WITNESSETH
That for and in consideration of mutual promises and conditions set forth below, the
County and Contractor agree as follows:
A. Duties of the Contractor: The Contractor agrees to provide:
• Collection and analysis of samples from 21 test sites, including 19 shallow wells,
4 deep wells and 2 streams, located at the Orange County Landfill.
• Collection and analysis of samples from 10 test sites, including 9 shallow wells, 2
deep wells and 1 stream, located at the new Orange County C&D Landfill.
• Sampling shall be in accordance with existing protocol as established by the EPA.
• Samples shall be analyzed for volatile and semi-volatiles, organics and
in-organics and other criteria as may be established by EPA.
• Upon completion of work hereunder, the Contractor shall submit a report
containing the analytical results and all supporting background data required by
EPA.
• The Contractor shall conduct general sampling and analysis as requested by the
County..
B. Duties of the County: County personnel will complete preparatory work prior to
collection of water samples from the 29 sites. The County will measure and record
water depths at each of 29 well sites. Each well will be pumped. Other work to be
performed by County personnel includes: removal of water samples from branches
both above and below the landfill disposal acreage for testing purposes.
C. Insurance: The Contractor shall procure and maintain insurance for protection from
claims under worker's compensation acts, claims for damages because of bodily
injury including personnel injury, sickness or disease or death of any and all
employees or of any person other than such employees and from claims or damages
because of injury to or destruction of property including loss of use resulting
therefrom. The Contractor is required to provide policies certifying:
1. Worker's Compensation: Coverage to apply for all employees for statutory limits
in compliance with the state and federal laws. The policy must include
employers' liability with a limit of $100,000 each accident, $100,000 bodily
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injury by disease each employee and $500,000 bodily injury by disease policy
limit.
2, Comprehensive General Liability: Shall have minimum limits of $1,000,000 per
occurrence combined single limit for bodily injury, liability and property damage
liability. This shall include premises and/or operations, independent contractors,
products, and/or completed operations, broad form property damage and
explosion, collapse and underground damage coverage and a contractual liability
endorsement.
3. Professional Errors and Omissions Liability: Coverage shall have minimum limits
of $1,000,000 per claim and $1,000,000 aggregate.
4, The County is to be included as an additional insured on the Comprehensive,
General Liability. This requirement is to be stated on the Certificate of Insurance.
5. Current, valid insurance policies meeting the requirements herein identified shall
be maintained during the duration of the named project. Renewal certificates
shall be sent to the County thirty (30) days prior to any expiration dates. There
shall also be a 30 day notification to the County in the event of 'a cancellation or
modification of any stipulated insurance coverage. Certificate of insurance
meeting the required insurance provisions shall be forwarded to the County of
Orange. Wording on the certificate, which states that no liability shall be imposed
upon the company for failure to provide such notice is not acceptable and should
be deleted. Original policies or certified copies of policies may be required by the
County of Orange at any time.
6. Certificates of Insurance for all the insurance coverage described herein shall be
submitted to the county upon execution of a contract by the Engineer.
7. All insurance required under this agreement shall be written with a company
licensed to do business in North Carolina. Certified copies insurance policies may
be requested by the County.
8. Contractor agrees to indenmify and hold harmless the County from all loss,
liability, claims or expense (including reasonable attorneys' fees) arising from
bodily injury, including death or property damage to any person or persons caused
in whole or in part by the negligence or willful misconduct of the Contractor
except to the extent same are caused by the negligence or misconduct of the
County.
D. Rate Schedule: The Contractor shall be paid as set forth in attaclmient "A".
E. Billing and Payment: The Contractor shall submit a bill upon completion of work
performed hereunder. The County shall pay within thirty (30) days of receipt of an
accurate invoice approved by the County.
F. Amendment: This Agreement may be amended, in writing, by mutual agreement of
the County and Contractor.
G. Appropriation offunds: This Agreement is subject to appropriation ofrequired funds
by the Orange County Commissioners.
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H. Tennination: Either the County or the Contractor may terminate this Agreement at
any time with or without cause upon giving the other party 21 calendar days prior
written notice. County shall within sixty calendar days following termination pay the
Contractor for all services rendered and all costs incurred up to the date of
termination.
1. Subcontractors: The Contractor shall obtain County approval before using any
subcontractors or sub consultants.
J. Term: This Agreement, unless amended as provided herein, shall be in effect from
January 1, 2004 to December 31, 2006
Attachment A
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UW GC N=2 pentachlorophenoi, phenol 8270 $. '$ $
8080 GC N=21 organochlorinated pesticides $ 200.00 $ $
U GC N=1 hexachiorobenzene 8270 $ $ $
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7081 barium $ 12.00
7041 antimony $ 15.00
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It is RAL's intent not to charge for the CLP Deliverables QA/QC
Package due to the volume of work anticipated and our valued
relationship with the Town of Chapel Hill.
8
' It is RAL's intent not to charge for the CLP Deliverables QA,/QC
Package due to the volume of work anticipated and our valued
relationship with the Town of Chapel Hill.
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NOTES
NOTES PERTAINING TO COLUMN LABELS
1 - Common name of parameter.
2- Class. General type of compound,
3- CAS RN, Chemical Abstracts Service Registry. Where "Total" is entered (metals), all species in th
groundwater that contain this element are included.
4- Method. Analytical method, EPA SW-846. Methods for Evaluating Solid Waste, Third Edition (September
1986), and Update No. 1 (AuugusL 1993).
6- Type. General type of analytical method. GC = gas chromatography. LC = liquid chromotography, GCM;
= gas chromatography / mass spectrometry. FRN = furnace.
6- LOD. Limit of detection. The limit of detection is here defined as the lowest concentration that can bi
determined to be statistically different from a blank, and is numerically defined as three times the slander(
deviation of seven replicate measurements. TheELOD must be determined for each parameter, and is specific
to the individual laboratory.
7 LOQ. Level of quantitation. The level of quantitation is here'defined as the level above which quantitative
results may be obtained with a specified degree of confidence, and numerically defined as 10 times the
standard deveation of seven replicate measurements, The LOQ must be determined for each parameter, anc
Is specific to the individual laboratory.
8- PQL Practical quantification limit The practical quantification limit is an Interiaboratory concept and to
numerically estimated at 6 to 10 times the method detection limit The PQI. Is derived from laboratory
performance, under ideal circumstances, of selected laboratories (not all laboratories). The PQL provides
routine performance goals that many laboratories must strive to achieve.
9- GWS. Groundwater Protection Standard. NCDEHNR. Subject to change without notice as directed bl
DEHNR
15
IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written,
COUNTY:
BY:
Barry Jacobs, Chair
ATTEST:
Donna S. Baker, Clerk to the Board
CONTRACTOR: WITNESS:
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act.
Finance Director
1?
STATE OF NORTH CAROLINA
ORANGE COUNTY
a Notary Public for said County and State, do hereby
certify that Donna S. Baker personally appeared before me this date and acknowledged
that she is the Clerk to the Board of Commissioners of Orange County, and that by
authority duly given and as the act of Orange County, the foregoing instrument was
signed in its name by Margaret W. Brown, Chair, sealed with its official seal, and attested
by herself as its Clerk.,
WITNESS my hand and official seal, this the day of 2004,
Notary Public
My Commission expires
STATE OF
COUNTY OF
1,. , a Notary Public, do hereby certify that
personally appeared before me this day and acknowledged the due execution of the
foregoing Agreement.
WITNESS my had and official seal, this the day of 2004,
Notary Public
My Commission expires