HomeMy WebLinkAbout20111810.tiff AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado,
whose address is 915 10`h Street, Greeley, Colorado, 80631 ("County"), and Environmental
Sciences Corporation of Colorado whose address is PO Box 336758 Greeley, CO 80633,
("Contractor").
WHEREAS, County desires to retain Contractor as an independent contractor to perform
services as more particularly set forth below; and
WHEREAS, Contractor has the time available to timely perform the services, and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor
hereby accepts engagement by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from July 22, 2011, through and until
August 12,2011.
3. Services to be Performed. Contractor agrees to perform the Services listed or
referred to in Exhibit A, attached hereto and incorporated herein.
4. Compensation.
a. County agrees to pay Contractor for services performed as set forth on
Exhibit A at the rate of not to exceed $1,800.00. Charges shall be based on the time
actually spent performing the services, but shall exclude travel time.
b. Mileage may ay ati(circle one) be charged to and from any required job
site at a rate of 0 cents per mile. Contractor shall not be paid any other expenses
unless set forth in this Agreement.
c. Payment to Contractor will be made only upon presentation of a proper
claim by Contractor, itemizing services performed and mileage expense incurred.
d. Payment for services and all related expenses under this Agreement shall
not exceed $1,800.00.
5. Additional Work./ In the event the County shall require changes in the scope,
Cen#2F.i 1 /3L C�T��//
7 _02,0x/ C'e- B,b c (Actr)
-7/2 el/ 2011-1810
character, or complexity of the work to be performed, and said changes cause an increase or
decrease in the time required or the costs to the Contractor for performance, an equitable
adjustment in fees and completion time shall be negotiated between the parties and this
Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the
Contractor for adjustment hereunder must be made in writing prior to performance of any work
covered in the anticipated supplemental Agreement. Any change in work made without such
prior supplemental Agreement shall be deemed covered in the compensation and time provisions
of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent
contractor and that neither Contractor nor Contractor's agents or employees are, or shall be
deemed to be, agents or employees of the County for any purpose. Contractor shall have no
authorization, express or implied, to bind the County to any agreement, liability, or
understanding. The parties agree that Contractor will not become an employee of County, nor is
Contractor entitled to any employee benefits from County as a result of the execution of this
Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will
be performed in a manner consistent with the professional standards governing such services and
the provisions of this Agreement.
8. Reports County Property. All reports, test results and all other tangible materials
produced in connection with the performance of this Agreement, whether or not such materials
are in completed form, shall at all times be considered the property of the County. Contractor
shall not make use of such material for purposes other than in connection with this Agreement
without prior written approval of County.
9. Acceptance of Product not a Waiver. Upon completion of the work, Contractor
shall submit to County originals of all test results, reports, etc., generated during completion of
this work. Acceptance by County of reports and incidental material furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the work. Acceptance by the County of, or payment for, any services performed under this
Agreement shall not be construed as a waiver of any of the County's rights under this Agreement
or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify County, its
officers and agents, from and against loss or liability arising from Contractor's acts, errors or
omissions in seeking to perform its obligations under this Agreement. Contractor shall provide
necessary workers' compensation insurance at Contractor's own cost and expense.
11. Termination. Either party may terminate this Agreement at any time by providing
the other party with a 10 day written notice thereof. Furthermore, this Agreement may be
terminated at any time without notice upon a material breach of the terms of the Agreement. In
the event of an early termination, Contractor shall be paid for work performed up to the time of
2
notice and County shall be entitled the use of all material generated pursuant to this Agreement.
12. Non-Assignment. Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of County.
13. Access to Records. County shall have access to Contractor's financial records as
they relate to this Agreement for purposes of audit. Such records shall be complete and available
for audit 90 days after final payment hereunder and shall be retained and available for audit
purposes for at least five years after final payment hereunder.
14. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
15. Interruptions. Neither party to this Agreement shall be liable to the other for delays
in delivery or failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control, including but not limited to
Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and shall be mailed or delivered to the other party at that party's address as stated above.
17. Compliance. This Agreement and the provision of services hereunder shall be
subject to the laws of Colorado and be in accordance with the policies, procedures, and practices
of County.
18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may
engage or use other contractors or persons to perform services of the same or similar nature.
19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and
further, Contractor represents, warrants, and agrees that it has verified that Contractor does not
employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs
illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and
Contractor may be held liable for damages.
20. Entire Agreement/Modifications. This Agreement contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This
instrument supersedes all prior negotiation, representation, and understanding or agreements with
respect to the subject matter contained in this Agreement. This Agreement may be changed or
supplemented only by a written instrument signed by both parties.
21. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated or budgeted for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family
3
shall serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contractor's operations, or authorizes
funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such provision,
to the extent that this Agreement is then capable of execution within the original intent of the
parties.
24. Governmental Immunity. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may possess.
25. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date and
year written below.
CONTRALTO :
BY:
Title: 1Fres dc..+
ATTEST: i BOARD OF COUNTY
CLERK TO THE BOARD COMMISSIONERSOF WELD COUNTY
By: Ai %/ /.L ii 711` By: TO—
its
Deputy Cler• to the Board 1 tea� Sean Conway, Chairman Pro
�' ' g
JUL252011
1 `I
4
PO Box 336758
Greeley,Colorado 80633
Environmental
Corporate Office:970.506.1312
,...) Sciences
Corporation Phoenix,CA Office:602.399.7669
San
n Diego,CA Office:619.822.2128
enveq CO Office:303.952.0203
Seattle,WA Office: 0fi'
.3835
Washington DC Office:202.657.5450
Chicago,IL Office:847.305.1605
Dallas, IX Office:214.431.4248
Toll Free Nationwide:800.978.7972
Toll Free Fax:866.322.2044
Website:envscicorp.com
July 21, 2011
Ms. Barb Connolly
Weld County
915 loth St
Greeley, CO 80631
RE: Proposal to Perform Phase I Environmental Site Assessment at 1014 9th
Street, 1018 9th Street and 1020 9th Street in Greeley, Colorado 80631.
Ms. Connolly:
Environmental Sciences Corporation of Colorado, Inc. (hereafter known as "Environmental
Sciences") is pleased to provide this proposal to perform a Phase I Environmental Site
Assessment at the above-referenced properties. Environmental Sciences understands that
Weld County is considering purchasing the properties. Environmental Sciences understands
that 1014 9th Street is vacant, 1018 9th Street constructed in the 188o and 1020 9th Street was
constructed in 1974 and totals an approximately .7 acre parcel.
Environmental Sciences will perform the Phase I Environmental Site Assessment in
accordance with ASTM International's most recent standard (currently ASTM E1527-O5). In
addition, the Environmental Professional will address the performance of the "additional
inquiries" set forth at 4o C.F.R. § 312.22. A comprehensive technical report will be prepared
and submitted to your attention by August 10, 2011 provided your authorization to proceed is
received by July 22, 2011. This project will be completed for a not to exceed cost of
$1,800.00. This cost estimate includes all labor, travel expenses, project related expenses,
copies of aerial photographs, copies of all available city directories, copies of all available
Sanborn Fire Insurance Maps, color photographs of the site, site inspection and preparation
of a comprehensive report detailing the findings of the inspection. We will coordinate with
you to schedule the on-site portion of this assessment.
Based on the 188o and 1974 construction dates, it is very likely that asbestos containing
building material (ACBM) and/or lead based paints were used during construction, even
though those materials are still being manufactured and utilized in recent construction.
Based on the commercial usage of the subject property, Environmental Sciences has not been
requested, nor will be contracted to perform, an asbestos, lead-based paint, radon gas or
mold survey/assessment. These types of survey generally beyond the scope of the ASTM
E1527-O5 Standard which govern Phase I ESAs.
We note that these assessments are not designed to employ the level of effort necessary to
definitively identify all problems of an environmental nature that could exist at the subject
Nationwide.Environmental Assessments•Compliance Audits•Industrial Hygiene Services•UST/AST Services•Engineering
properties. This is typically not the objective of investigations of this type, and such an
investigation, if technically feasible, would require a higher level of effort and expenditure
than proposed on this project.
It is understood that the ultimate evaluation of the potential liabilities concerning the
property and Weld County's business transactions is a decision to be made by Weld County in
consultation with its legal or business advisors; and that Environmental Sciences consulting
services are limited to providing technical information for consideration in reaching such a
judgment.
Please acknowledge your acceptance of this proposal by signing the attached Contract for
Service Agreement and returning via email. My email address is jlask(Tenvscicorp.com.
We appreciate the opportunity to provide you with this proposal. If you have any questions,
that require clarification of any aspect, or have site-specific concerns not wholly addressed in
this proposal, please do not hesitate to contact me at (970) 506-1312.
Respectfully,
Jeff Lask
President
Environmental Sciences Corporation
Environmental
I I Sciences
Corporation
PROPOSAL/CONTRACT FOR SERVICES
To: Barb Connolly Date: July 20, 2011
Weld County Page: 1 of 2
915 10th Street Work Order:
Greeley, CO 80631
Facility Location: 1014 9'h Street, 1018 9th Street and 1020 9,h Street
Greeley, CO 80631
SERVICES TO BE PERFORMED:
Phase I Environmental Site Assessment (ESA) on a 1014 9'h Street, 1018 9`h Street and 1020 9th
Street in Greeley, Colorado 80631. The Phase I ESA will be conducted in accordance with ASTM
International's most recent standard (currently ASTM E1527-05). In addition, the Environmental
Professional will address the performance of the "additional inquiries" set forth at 40 C.F.R. §
312.22. The Phase I Environmental Site Assessment will be delivered electronically on or
before August 10, 2011.
Task 1 Phase I Environmental Site Assessment $1,800.00
TOTAL ESTIMATED COST: $1,800.00
Does Not Include Applicable Taxes
SUBMITTED BY: ACCEPTED FOR CLIENT BY:
Signature Signature
Name: Jeffrey A Lask Name: 5¢an Conu0 A
Title: President Title: C r '?ro -Tern bettrA0 &xwkt eenuit of s
Date: July 21, 2011 Date: 'Ilati(I I
"This proposal and all work done pursuant to this proposal is subject to the TERMS AND
CONDITIONS attached hereto."
Hello