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