HomeMy WebLinkAboutAgenda - 01-18-2000 - 9aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 18, 2000
Action Agenda
Item No. q - q
-SUBJECT: Award of Professional Services Contract for Geotechnical/Environmental
Investigation at Fairview Park
DEPARTMENT: County Manager/Purchasing PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Professional Services Contract
INFORMATION CONTACT:
Paul Thames, ext 2303
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill _
968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To approve the award of a professional services/engineering consulting contract to
Trigon Engineering Consultants, Inc., for the geotechnical investigation and a Phase I and
preliminary Phase II environmental investigation at the Fairview Park Landfill. and the adjacent
Town of Hillsborough tract
BACKGROUND: Orange County currently owns a 40 acre tract, known as Fairview Park,
which contains approximately twenty acres of abandoned landfill area once owned and
operated by the Town of Hillsborough. Within the last year, some residents of the Fairview Park
community constructed a "sand-lot" type baseball field in the northwestern end of the park, in an
area thought to have been used for landfill activities.
Adjacent to Fairview Park on the east side, the Town of Hillsborough currently owns a 26 acre
tract. This tract is and has been primarily undeveloped and unused with the exception of
approximately 6 acres which has been used for a yard waste storage, grinding and mulching
operation.
The Town of Hillsborough and Orange County have agreed in principle to evaluate the joint use
of the Town and County properties for development of athletic fields and other associated public
purposes. However, much of the land in question has been historically used for landfilling
activities and little is known about the structural bearing capacity of the landfilled areas or the
presence of environmental contaminants. Accordingly, the Town and the County have agreed
that it is desirable and necessary to investigate the geotechnical and environmental
characteristics of the property to determine if it is has reasonable utility for recreational
development and if it represents a potential threat to public health and the environment.
Together the Town and the County have budgeted a total of $30,000 ($ 11,400 from the Town
and $18,600 from the County) to cover the cost of a geotechnical investigation and an initial
environmental analysis of the property.
Proposals for professional services in the fields of geotechnical and environmental analyses
have been solicited from five local engineering firms specializing in these areas of practice.
These firms were advised that their proposals should also provide for elements of support for:
1) community relations/public information efforts;
2) coordination with state/federal solid waste/environmental regulators; and
3) submission of grant applications for "brownfields" site remediation/reuse funds. Three
proposals were submitted to the County and have been received and evaluated by County staff.
Staff recommends that the firm of Trigon Engineering Consultants, Inc. be awarded the contract
for the geotechnical and initial phases of environmental investigation at a contract cost of
$18,385. This proposal does not include the costs for an independent certified laboratory to
test the samples acquired by the consultant, nor does it include the cost of installing landfill gas
sampling probes, should such installation be deemed necessary. Laboratory costs can range to
as much as $1000 per sample, depending on the type of tests conducted on a sample.
Installation of landfill gas probes with associated testing is estimated at $750 per probe.
It is generally anticipated that a geotechnical/environmental consulting firm can mobilize its field
operations team within two weeks of contract execution and that the final contract will be
negotiated and executed within two weeks of award of the contract by the BOCC. All
community relations efforts and consultant activities involving field work, testing and analysis
can be completed within ten weeks of contractor mobilization.
The time frames for conducting additional phase II evaluation of the site as may be required by
state and federal regulations cannot be projected at this time. Given these time frames, a
general time-line layout of the projected can be extended as follows:
Award of Contract by BOCC:
1/18/2000
Execution of Final Contract:
2/1/2000
Public information meeting involving Fairview Park
residents, County and Town officials and
staff, other
.
concerned citizens: 2/15/2000
Initiation of field testing:
2/15/2000
Completion of field testing, acquisition of results: 4/11/2000
Report/public information meeting at regular BOCC
meeting to provide results to elected officials and public
and to project future steps - if any - related to
environmental testing and analysis: 4/18/2000
Initiation/completion of additional testing, if any, as
required by state/federal environmental regulators: Unknown/to be
determined
FINANCIAL IMPACT: Currently estimated to be approximately $30,000 for consultant and
initial lab analysis costs budgeted at $ 11,400 from the Town of Hillsborough and $18,600 from
Orange County. If environmental problems are found to exist, state regulators will specify the
implementation of additional phase II environmental investigation and mitigation activities which
may have significant cost implications.
RECOMMENDATION(S): The administration recommends that the BOCC approve the award
of the contract in principal, subject to final review and modification by the County Attorney and
the Manager, and authorize the Chair to execute the final document.
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CLIENT COPY
ENGINEERING CONSULTANTS, INC.
700 Blue Ridge Road, Suite 101 • Raleigh, NC 27606 - (919) 755.5011 • FAX (919) 7551414
' PROPOSAL ACCEPTANCE SHEET
' Description of Services: Proposal for Environmental, Community Relations
& Geotechnical Support
Project Name: Fairview Sports Complex Site
Project Location: Hillsborough, North Carolina
Proposal No. and Date: 036-99-091-P January 4, 2000
' We hereby accept the above Proposal. We further acknowledge as outlined in, the Proposal
that any statement of total charges is,an estimate subject to the unit pricing as outlined in the
Proposal. We further agree to all Terms and Conditions set forth on the back which are
incorporated herein by reference. The undersigned acknowledge and agrees to the Payment
Terms as set forth therein.
ACCEPTED BY:
Signature and Title Date
' FOR PAYMENT OF CHARGES
1
Charge Invoice to Account of:
Firm:
Address:
Attention,
Name:
Address:
FOR APPROVAL OF CHARGES
If the Invoice is to be mailed for approval to someone other than the account charged, please
indicate below.
Firm:
Address:
Attention:
SPECIAL INSTRUCTIONS:
PROPERTY OWNER IDENTIFICATION (If other than above)
GENERAL TERMS AND CONDITIONS
STANDARD OF CARE. Tngor Engineering Consultants. Inc. (hereinafter "TEC") will perform those Serv,ces commacled for within the sCode 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
0 as to the project 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 oury to render any service not expressly covered therein nor shall TEC be liabl
for the failure to perform any other servi.es. It the proposal does not include any services or testing of an environmental nature for hazardcus wastes or substances then TEC may rely on the same as a disclosur
by Client of the non-presence of any such waste or substances on the project she. The "Contract Documents" sha!I mean all terms and provisions set foCh herein together with proposals. exhibits and oth6
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 Clier
possesses all neccessary permits and licenses required for the activities being conducted at the site. it Client does not own the land where the services are to be performed. Client warrants that 4 has obtain
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 I$ THAT IT WILL USE THAT DEGREE OF CARE SET FORTH IN THE STANDARD OF CARE ABOVE. NO OTHER WARRANTY OR REPRESEN
TATION, 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 tilt
Services. TEC will not be responsible for any damages 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 pertormin
any services or advising Client of the necessity of performing any services caused by the failure to dlSClose 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 healt
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 an
knowledge which it, its agents. employees or others with whom it has contracted have, of through to exercise of due diligence could obtain as to the existence or possible existence of any such hazardou
materials, substances, wastes or other defective materials located on or about the project premises. Client agrees that h will be liable for damages suffered by TEC, as employees, agents or subcontractors i
the event of personal injury or disease or loss of equipment srMered:(1) by as failure to disclose; (2) or by h or its agents and other contractors failure to adequately protect from or prevent the introduction of sue
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 an
federal, state or local public agencies any conditions at to she that may represent a potential danger to public safety, health, or the environment. Client shall do and perform all acts and make such notification
as are appropriate or are required by federal, state or local statutes. laws. ordinances or regulations. In connection with to Services TEC performs, Client agrees that TEC has not contributed to the present;
of any hazardous materials, substances, wastes, or other detective materials located on or about me project site and TEC will not be liable to Client for any damages, claims, expenses or costs concerning th
same arising out of the performance of Services requested by Client. Client further agrees to fully held harmless, indemnify, protect and defend, including the costs of attorney lees in its defense, TEC from am
against any and all claims and liabilities resulting from or arising out of Services and testing performed by TEC, including to possible release or introduction onto the site of hazardous waste or substance
caused by the Services, testing or drilling by TEC at the she, whether the same are made by third parties or by governmental agencies under any federal, slate, local or common law now existing or hereaffe
arising, including, but not limited to, any claims or actions under to Comprehensive Environmental Response- Compensation and Liability Act, as amended, and the Resources Conservation end Recovery Ac
as amended.
INSURANCE. TEC maintains Workers' Compensation and Employer's Liability Insurance in conformance with Stale Law. In addition, TEC maintains Comprehensive General Liability Insurance am
Automobile Liability Insurance with combined single bodily injury and property damage limits of $500,000 DO- A Certificate of Insurance will be supplied evidencing such coverage which contains a claus,
providing that ten days written notice be given prior to cancellation of coverage A requested by Client. Client shall be responsible for all other necessary and appropriate insurance for the Project sae.
LIABILITY AND INDEMNI'ry, Client agreed that TEC will not be liable ar responsible for ¦ny ch". low or dome" asserted by Chem, 14 agents or employees,
awl of or as a result of any act, error or omission by TEC In file perhrmenc¦ of the agreed services beyond the Ikons, coverage or conditions of Insurancespecified above AC's Ear bVC's any fee third for Ile party srvics ber whichever In rester. In the event any third deity brings suit or claim 1p damages against C g 90 or con above s facH*
it servkp or es a rawlt of jig 1dn e or damage from menrlal• elements or cdnaeltuanta at or from Client's faeHlr
heron, during or after the paH
TEC ormawe df TEC'
emdunU b ury al ed ae4 error or omlp TEC M peAdrtternce at Its salwlxa Client agree to hold TEC harmless, and ItldMtstM
for dame or after
yo rd the "Mill" towrage ex ddndlaofe of Inwrarlce ¦pecMlyd dhow u TEC's he, whleMver h greeter, In the event any thhd p??ty bHngs wit or clakn far d¦mag?
agaInai TEC a lasing sx(Tceure to o rd hart material, olemena ar eonetltuernst ¦ or horn Cllent'o Taclltly baton, durfrq, ar char portomtance of the Serylces, which Is alleged tp have opal
In coat for remeeddial stitch, uhill It haWllty of tM property ar other property damegp, CNsM agrees to daland TEC In ¦rry each salt o? elslm end hold TEC harmisu and IndsmnNy TEC luby tar err
such clalma . Client, with concurrence
, col seleCL hln end p¦y ¦n sttornoy b e7efelhd TEC In¦rry each con ar ui¦In, wail ppsatyr Court costs for whkh TEC may be liable M eery such wit end coin by
end pryr Inlg¦tlto ¦xpeneso Client Incun in provldlrng ¦ ras¦an¦be end protessbnel defense vArfNr coil b• ttrevlded by CIIOr1t. Chant will hew the rfgM to Irhvastlgeta, negobete end esttla, with 7EC'i
rnnciarenee ¦ny such con or claim, and TEC wN1 coaper¦q In the dofenss of ¦rry welt Sun ar Celn
SAMPLING OR TESTING LOCATIONS. The unit fees included in this proposal do not include casts associated with surveying of to she or the accurate horizontal and vertical locations of tests. Field test
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 to report.
DAMAGE TO EXISTING MAN-MADE OBJECTS. tt shall be the responsibility of the Client or the Owner. or their duly authorized representatives to disclose the presence and accurate location of all hfddei
or obscure man-made objects. relative to field test or borntg locations. T EC's field personnel are trained to recognize dearly identifiable stakes or marking in the field, and without special written instructions, ti
initiate field testing, drilling and/or sampling within a 1 feel of each designated location, If TEC is cautioned, a0vrod or given data in wring that reveals the presence of underground or overgroum
obstructions, such as utilities, pipes, cables or tanks, special fnswetlons wiN be given TEC personnel. Gient has sae responsibility for providing TEC with this information. Client agrees to indemnify and sat
TEC harmless from all claims, suits, losses, personal Injuries, 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 reimtluw TEC for expenses in connection with any such claims or suit
including reasonable attorney's lees.
SAMPLE DISPOSAL AGREEMENT. Test specimens or samplas (excluding drilling samples) will be disposed of immediately upon completion of tests, All drilling samples will be disposed of 60 days efte
submission of TEC's report unless otherwise requested. Upon request, TEC will agree to retain test spedrtrBns or drtMfrrg samples for a mutually acceptable storegs charge.
CONTAMINATED EQUIPMENT All laboratory and field equipment contaminated in pertomhing TEC's Services and winch cannot be reasonably decontaminated shall become the property and respons
bility of Client. All such equipment shall be delivered to Chem or disposed of in a manner indicated for hazardous materials or substances. Client agrees to pay TEC the fair market value of any such equipmen
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, it
TEC's sole judgment significantly affect or may affect the Services, the risk involved in proviclng the Services. or the recommended scope of Services. TEC wiN promptly notify Client thereof. Subsequent to tha
notification. TEC may,
(a) 11 practicable, in TEC's sole 1judgment, 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 easiLnsle of Charges to include study of the previously unforeseen conditions or ocCUnenees, such revision to be in writing and signed by the patties
and incorporated herein, or
(c) Terminate the Services effective on the date specified by TEC in wrking-
CLAIMS. In the event that Client makes a claim sonnet TEC for arty kind of rellef, for only alleged 44, air omholat, or ¦ct art" out 01 the nee of TEC's Services, that cannot be mutualh
resolved without resort to litigation, and Client falle to prevail an such claim, then Client shad ail costs Incurred by TEC In dalending TE against the claim, Including, without limitation. TEC'h
personnel-related costa, attarna is fees, court costa, and other clmkr laiod expenses. Inckld 1 wnlrcut Ikrstebon, coast, qss, and expenses of experts- Client agrees that for the purposes of thk
Agreement It has failed to proven as to Ira claim when (udgarnt M Iq fever In nbgwdon Is for a sum of money Issa than that SUM offered by TEC to resolve the matter without litigation, or when Clio"
has a judgment entered against It on ¦ny or all claims i seerts&
INCIDENTAL SITE DAMAGE. Client recognizes that the Services to be rendered may unavoklably affect, after or damage the terrain, structures, buildings, vegetation and equipment in, at or upon the she
and Client will not hold TEC liable or responsible for the same-
LAW TO APPLY. The validity, interpretation and perlormarice of Otis Agreement shall be govemed by and construed in accordance with the laws Of the state of North Carolina.
NO WAIVER. No waiver by either party of any detain by the oiler party in rho perlorrnance of any provision of this Agreement shell operate as or be construed as a waiver of any luture default, whether like
of different in character,
SEVERABILITY. It any provision of this Agreement, or application theroof to any person or circumstance shall to any axiom be invalid, the remainder of mrs Agreement, or the application of such provssoor
to persons or Circumstances other than those as to which it is held Ihvafid, shall riot be affected thereby, and each provision of this Agreement shah be valid and enforced to the fullest extent permitted by law
ENTIRE AGREEMENT. This Agreement, including to CanIact Documents, represents the entire understanding and aagpreement between the parties heretic relating to the Services and supersedes any arx
all prior agreements, whether written or oral, that may exist between the parties regarding same. To to extent that any eddafonl of different terms or conditions Conflict whh the terms and conditions Of thil
Agreement, to terms and conditions 01 this Agreement sW govern. No anrenoment or modification to this Agreement or any waiver Of any provisions hereof shall be effective unless in writing and signed lr
both parties.
PAYMENTS TERMS:
A. Client will pay TEC for services and expenses in atxdrdanee with the Contract Documents, TEC will submit progress Invoices to Clent monthly and final invoice upon completion of as services. Ead
invoice, on preserxation, 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 orle-hall percent pe
month (18% per annum) on the outstanding balance. Attorney's lees 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 Client's obligation to pay for the Services contracted is in no way dependent upon IN Cliem•s ability to obtain financing, approval Of governmental or regulatory agencies, or upon the Client':
successful completion of the project.
D. The individual signer on behalf of Client hereby personally represents and guarantees that Client is solvent and has file ability to pay TEC for the services to be rendered in accordance with the term:
hereof.
DISPUTE RESOLUTION. In an effort to resolve any conflicts that apse during the project or following the Completion of the project, to Client and TEC agree that all disputes between them arising out d
or relating to this Agreement shall be submitted to non-binding mediation, with mediation costs shared equally, unless the parties mutually agree otherwise, The party claiming that a dispute has arisen shat
notify the other party within 15 days it claims there is a dispute and mediation shall occur between the parties at a date and location mutually agreed wfthm 30 days after said notice. The Client and TEC lurthe
agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent subcontractors and consultants also 1(
include a similar mediation provision in all agreements with subconsullants. subcontractors, supplrers or fabricators so retained, thereby providing mediation as the primary method for dispute resolutior
between the parties to those agreements.
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ESTIMATED COST SUMMARY
Environmental and Community Relations Support
Proposed Fairview Sports Park
Hillsborough, North Carolina
Trigon Proposal No. 036-99-091-P
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SERVICES 77777 RATES TJIVIT TOTAL
Task 1.1 - Phase I ESA
Complete Phase I ESA & Prepare $2,000 each 1 $2,000
Summary Report
Subtotal $2,000
Task 1.2 - Phase 11 ESA
Conduct Soil Sampling $100 per sample 4 $400
Groundwater Well Installation $500 per well 3 $1,500
Conduct Groundwater Sampling $100 per well 3 $300
Landfill Gas Assessment $500 each 1 $500
(Optional Testing - $750)
Prepare Phase 11- ESA Summary Report
Registered Engineer/Geologist $80 per hour 4 $320
Staff Engineer/Geologist $65 per hour 16 $1,040
Drafting/CAD $45 per hour 4 $180
Clerical $30 per hour 2 $60
Subtotal $4,300
Total for Environmental Support $6,300
Task 2 - Community Relations Support
Attend public meetings, and provide
other community relations support ..
Senior Environmental Professional $95 per hour 35 $3,325
Clerical $30 per hour 8 $240
Total for Commum Relations Support $3,565
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ESTIMATED COST SUMMARY
Geotechnical Assessment
Proposed Fairview Sports Park
Hillsborough, North Carolina
Trigon Proposal No. 036-99-091-P
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SERVICES RATES UNIT TOTAL
Field Exploration
Mobilization/Demobilization $250 each 1 $250
Soil Test Borings with SPT $8 per foot 500 $4,000
40 to 50 to 10 feet each
Boring Layout / Delineation of Landfill $55 per hour 24 $1,320
Field Engineer
Clearing / Difficult Moving $100 per hour 10 $1,000
Wooded Areas
Subtotal $6,570
;...
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4 w
m .w. ".n.n.'.•w?rix
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Geotechuical Laboratory Testing
Natural Moisture Content $5 per test 10 $50
Atterberg Limits and Grain Size Analysis $120 per test 4 $480
Standard Proctor $80 per test 1 $80
Subtotal $610
... 4 x
Geotechnical Reporting
Registered Engineer/Geologist $75 per hour 2 $150
Staff Engineer/Geologist $65 per hour 14 $910
Drafting/CAD $45 per hour 6 $270
Clerical $30 per hour 2 $60
Subtotal $1,390
Total for Geotechnical $8,570.
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