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HomeMy Public PortalAboutPES140120 Tybee Island Public Safety SiteMarch 18, 2014 City of Tybee Island P.O. 2749 403 Butler Avenue Tybee Island, Georgia 31328-2749 Attn: Ms. Diane D. Schleicher E: dsch@cityoftybee.org Re: Proposal for Landfill Debris Characterization and Removal Support City of Tybee Public Safety Building 78 and 80 Van Horn Street Tybee Island, Georgia Terracon Proposal No.: PES140120 Dear Ms. Schleicher: Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to provide environmental consulting services for the above referenced project. The purpose of this limited investigation will be to determine the extent of landfill debris encountered within the proposed stormwater retention pond associated with the new construction at the site, characterize the debris for disposal purposes, and to document the removal and disposal of the debris. This proposal outlines our understanding of the project,scope of services, and provides a cost estimate to perform these services. A. PROJECT INFORMATION Site Location ITEM DESCRIPTION Location The subject property currently includes the Tybee Island Police Department at 78 Van Horn and the Ceramic Building at 80 Van Horn. Existing improvements Currently, the site is under construction for the new Tybee Island Public Safety Building. The existing Tybee Island Police Department occupies a two story building built in the early 1930’s, along with a single story building adjacent to the main building. There is a small two story building that currently houses an animal shelter on the bottom floor and an emergency generator on the second floor. Terracon understands buried debris was discovered in a test pit dug in the area of the proposed stormwater retention pond. The buried debris was part of the closed landfill identified by Ms. Proposal for Landfill Debris Characterization and Removal Support 78 and 80 Van Horn Street Property ■ Tybee Island, Chatham County, Georgia March 18, 2014 ■ Terracon Proposal No. PES140120 Responsive ■ Resourceful ■ Reliable 2 Schleicher, Tybee Island City Administrator, and discussed in the Phase I Environmental Site Assessment dated March 1, 2012 prepared by Terracon. A Limited Site Investigation was conducted at the site in April 2012 in part to test for the potential for migration of methane (landfill gas) from the adjacent closed landfill along the western boundary of the site. Methane levels were collected from four (4) bar punch locations and three (3) temporary methane monitoring wells installed along the western property boundary; Methane was not detected at any of these locations during the April 2012 sampling event. The proposed stormwater retention pond is located just west of the limited site investigation site boundary. As a result of the discovery of landfill debris within the area of the proposed stormwater retention pond by Elkins, Terracon was contacted by Ms. Schleicher of Tybee Island on March 6, 2014. Stewart Dixon with Terracon met with Mr. Noah Anderson-Davis with Elkins to determine the exact location of the retention pond area and to determine the type of debris discovered during the test pit excavation activities. Mr. Dixon also met with Mr. Danny Carpenter with the Tybee Island Public Works Department to discuss the lateral limits of the closed landfill. An inquiry was made to the Georgia Environmental Protection Division (EPD) concerning the closed landfill and plans to perform limited excavation and disposal of discovered waste debris in the vicinity of the retention pond. Ms. Christy Kehn-Lewis with the EPD provided Terracon with a site diagram showing the limits of the waste, as well as the EPD’s recommendations for redevelopment projects adjacent to closed landfills. Terracon has prepared the following scope of work in order to define the extent of the waste debris only in the vicinity of the new construction footprint (± 20 feet), limited sampling for disposal purposes only, and excavation / disposal supervision services of the waste debris. B. SCOPE OF SERVICES Landfill Debris Extent Determination – Terracon proposes to conduct, in coordination with Elkins, hand auger borings and test pits in the vicinity of the proposed stormwater retention pond and associated stormwater piping in order to determine the limits of the landfill waste debris affecting the new construction. Terracon personnel will complete the hand auger borings to a maximum depth of twelve (12) feet below grade levels. As discussed with Noah Anderson- Davis with Elkins, Elkins will provide an excavator and operator to dig the test pits. Terracon will document soil conditions and types of waste encountered. Delineation of the landfill debris will be limited to those only those areas in which new construction related to the retention pond and associated piping will occur to minimize the quantities of waste debris that will need to be disposed of at the appropriate off-site facility. Proposal for Landfill Debris Characterization and Removal Support 78 and 80 Van Horn Street Property ■ Tybee Island, Chatham County, Georgia March 18, 2014 ■ Terracon Proposal No. PES140120 Responsive ■ Resourceful ■ Reliable 3 Debris Disposal Profiling Upon completion of the delineation efforts,Terracon will collect representative soil / debris sample for laboratory analysis to disposal purposes only. The sample will be placed into laboratory supplied containers and delivered under strict quality assurance via hand delivery to Avery Laboratories in Savannah, Georgia. The sample will be analyzed using the Toxicity Characteristic Leaching Procedure (TCLP) – VOCs, SVOCs, Metals, Pesticides, and Herbicides. The TCLP analysis is used as an analytical method to simulate leaching in a landfill and required by the disposal facility receiving the excavated waste. No additional groundwater / soil environmental sampling will be conducted as part of this project. Landfill Debris Excavation and Disposal Documentation After delineation of the horizontal and vertical extent of the landfill debris within the new construction footprint of the stormwater retention ponds and associated piping and receipt of the laboratory TCLP results, Terracon personnel will be on-site during all excavation activities to record approximate excavation depths and lateral limits. Photographs will be taken to document final landfill debris removal from all excavations. Terracon understands that Elkins will be responsible for excavation, transportation, and disposal of all excavated materials. The excavated materials shall be transported and disposed of at a permitted lined Subtitle D landfill, with manifests of each load retained. Clean, imported fill shall be used to backfill the excavations after trash removal, as necessary. Engineering Analysis and Report – Following completion of the field activities and receipt of all analytical results, and waste disposal manifest tickets, Terracon will prepare a letter report documenting the landfill debris removal efforts at the subject site. Our report will include a brief discussion of the activities, lateral limit map of the excavations, photographs, and manifests / landfill disposal paperwork. Proposed Timeline for Completion – We can generally begin the field exploration program within about one (1) week after receipt of written notice to proceed, if site and weather conditions permit. Laboratory analysis of the TCLP sample typically requires one (1) to two (2) weeks for completion. Our engineering report will be completed by Terracon within one (1) to two (2) weeks following receipt of the laboratory analytical results and disposal manifests. Should information be needed prior to submittal of our report, we can provide verbal information or recommendations for specific project requirements after we have completed our field and laboratory programs. C. COMPENSATION Based on the scope of services and limitations noted above, we propose an estimated fee of $5,142.50. Terracon is prepared to initiate the described scope of work immediately upon Proposal for Landfill Debris Characterization and Removal Support 78 and 80 Van Horn Street Property ■ Tybee Island, Chatham County, Georgia March 18, 2014 ■ Terracon Proposal No. PES140120 Responsive ■ Resourceful ■ Reliable 4 receiving authorization to proceed. Please note that is cost estimate only includes field time, laboratory analytical costs, and report preparation costs for work performed by Terracon only. Terracon’s cost estimate does not include costs associated with excavation of test pits, excavation for disposal of landfill debris, and landfill disposal costs. Based on conversations with Noah Anderson-Davis of Elkins, Elkins will invoice the City of Tybee Island separately for costs associated with excavation of test pits, excavation for disposal of landfill debris, and landfill disposal costs. D. AUTHORIZATION This proposal may be accepted by executing the attached service agreement and returning it along with this proposal, to Terracon. This proposal is valid only if authorized within thirty days from the listed proposal date. We appreciate the opportunity to be of service to you. Should you have any questions concerning this letter or if we may be of further service, please contact us at your convenience. Sincerely, Terracon Consultants, Inc. Stewart A. Dixon, P.G. William S. Anderson, III, P.E. Project Geologist Senior Principal / Office Manager Attachments: Agreement for Services Page 1 of 2 Rev. 8-12 Reference Number: PES140120 AGREEMENT FOR SERVICES This AGREEMENT is between City of Tybee Island (“Client”) and Terracon Consultants, Inc. (“Consultant”) for Services to be provided by Consultant for Client on the Tybee Island Debris Removal project (“Project”), as described in the Project Information section of Consultant’s Proposal dated 03/18/2014 (“Proposal”) unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant’s services is described in the Scope of Services section of the Proposal (“Services”), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Consultant’s Services do not include the investigation or detection of, nor do recommendations in Consultant’s reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant’s findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client’s request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the project. 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client’s review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Compensation section of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant’s current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection-related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. 5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client’s sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties. For a limited time period not to exceed three months from the date of the report, Consultant will issue additional reports to others agreed upon with Client, however Client understands that such reliance will not be granted until those parties sign and return Consultant’s reliance agreement and Consultant receives the agreed-upon reliance fee. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT’S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT’S SERVICES OR THIS AGREEMENT. UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S) OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT’S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant’s services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant’s substantial completion of services on the project. 8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT’S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers’ compensation insurance in accordance with the laws of the states having jurisdiction over Consultant’s employees who are engaged in the Services, and employer’s liability insurance ($1,000,000); (ii) commercial general liability insurance ($1,000,000 occ / $2,000,000 agg); (iii) automobile liability insurance ($1,000,000 B.I. and P.D. combined single Page 2 of 2 Rev. 8-12 limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant’s performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Georgia law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant’s layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client agrees to the level or amount of testing performed and the associated risk. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by services not performed due to a failure to request or schedule Consultant’s services. Consultant shall not be responsible for the quality and completeness of Client’s contractor’s work or their adherence to the project documents, and Consultant’s performance of testing and observation services shall not relieve Client’s contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client’s contractor or its subcontractors and is not responsible for their means and methods. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of tests (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials (“Affected Materials”) at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Material unless specifically provided in the Services, and that Client is responsible for directing such disposition. In the event that test samples obtained during the performance of Services (i) contain substances hazardous to health, safety, or the environment, or (ii) equipment used during the Services cannot reasonably be decontaminated, Client shall sign documentation (if necessary) required to ensure the equipment and/or samples are transported and disposed of properly, and agrees to pay Consultant the fair market value of this equipment and reasonable disposal costs. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site. Accordingly, Client waives any claim against Consultant and agrees to indemnify and save Consultant, its agents, employees, and related companies harmless from any claim, liability or defense cost, including attorney and expert fees, for injury or loss sustained by any party from such exposures allegedly arising out of Consultant’s non-negligent performance of services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant’s property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant’s document retention policies and practices. 16. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant’s attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client’s contractors, subcontractors, or other parties present at the site. Consultant: Terracon Consultants, Inc. Client: City of Tybee Island By: Date: 3/18/2014 By: Date: Name/Title: William S. Anderson III / Office Manager IV Name/Title: Diane Schleicher / City Manager Address: 2201 Rowland Ave. Address: P O Box 2749 403 Butler Avenue Savannah, GA 31404 Tybee Island, GA 31328-2749 Phone: (912) 629-4000 Fax: (912) 629-4001 Phone: (866) 786-4573 Fax: (866) 786-5737 Email: wsanderson@terracon.com Email: Reference Number: PES140120