HomeMy WebLinkAbout981064.tiff AGREEMENT FOR ACCESS TO AND INSTALLATION OF A STUDY ABSORPTION FIELD
THIS AGREEMENT is made this X. day of 40/2,1,iC , 199'by and between
WIly/LLvn„d c:// C>ggo1x Al &)/' G L��Z , on
behalf of themselves, their heirs, agents, and assigns, hereinafter referred to collectively as "the
landowner," and the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County has allocated certain resources and obtained certain funds to conduct a
study of the use of shredded tires in place of aggregate(gravel) in the absorption field of a conventional
septic system,
WHEREAS, County will assume the cost of installation of a chipped tire absorption field in
return for certain limits on use of the system and the land overlaying the absorption field,
WHEREAS, the landowners own the property described in the attached Exhibit"A" and have
agreed to the location of the absorption field, a sketch of which is shown on the attached Exhibit"B,"
hereinafter referred to as "the absorption field", and the designation of a backup site a sketch of which
is shown on the attached Exhibit "B," and
WHEREAS, the landowners' wish to cooperate with County by providing opportunity for the
County to access and evaluate the performance of the absorption field.
NOW, THEREFORE, the parties herein agree as follows:
1. The parties shall have the respective duties described in the attached Exhibit "C" attached
hereto and incorporated by this reference
2 The County shall not be obligated to carry out the duties described herein, if in each year
of this agreement no money's are appropriated for this purpose, or, with respect to the
landowners property, no suitable location can be found to install a shredded tire absorption
field
3. County and landowner agree that the ISDS system will be installed and maintained in
accordance with the applicable County regulations in place at all times during the course of
this agreement
4. Representatives of WCHD and CDPHE shall be permitted to access the property for the
purpose of collecting environmental samples during ordinary business hours. These samples
may include soil, ground and surface water and effluent from the septic system for purpose
of studying the performance of the system. Results of the sampling and the study shall be
made available to landowner.
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5. The parties hereby agree that neither has made or authorized any agreement with respect to
the subject matter of this instrument other than expressly set forth herein, and no oral
representation, promise, or consideration different from the terms herein contained shall be
binding on either party, or its agents or employees, hereto. This Agreement embodies all
agreements between the parties hereto and there are no promises, terms, conditions, or
obligations referring to the subject matter whereof other than as contained herein.
6. INDEMNIFICATION AND HOLD HARMLESS: Landowner agrees to indemnify against
liability and to save harmless, to the extent allowed by law, County from any liability or
damages County may suffer as a result of claims, demands, costs, or judgements instituted
against County, its agents, employees, invitees, or any person claiming through them, arising
out of landowners, and his or her's agents' or employees' negligence or intentional acts in
the course of installation, inspection or use of the septic system or arising from any
accident, injury or damage, however caused, including the acts and omissions of third
parties, to any person or persons, or to the property of any person, or corporation occurring
during or arising out of the installation, inspection or use of the septic system.
7. APPLICABLE LAW: This Agreement is governed by the laws of the State of Colorado.
Any and all legal action necessary to enforce the Agreement will be held in Weld County,
Colorado, and the contract will be interpreted according to the laws of Colorado.
8. SEVERABILITY: If any term or provision of this Agreement, or the application thereof to
any person or circumstances shall,to any extent, be held invalid or unenforceable,the
remainder of this Agreement, or the application of such terms or provisions, to a person or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected, and every other term and provision of this Agreement shall be deemed valid and
enforceable to the extent permitted by law.
9. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute
a waiver of any immunities the COUNTY or its officers or employees may possess, nor shall
any portion of this Agreement be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this Agreement .
10. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
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.
11. The term of this agreement shall be five years which term may be shortened by the County if
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the study has been completed or, in the case where the shredded tire absorption field had to
be abandoned,the agreement shall be deemed terminated 30 days after the completion and
final inspection of the replacement absorption field or connection with a sanitary sewer
system.
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend
to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective
parties hereto,
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
sirs s1/40 'to
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C-OUNTY €W WEL➢ _ )
The foregouVistrument was acknowledged before me this.4 - day of fir ,
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a•I I1I,„„
Witness my hand and official seal.
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MY COMM:5310N EXPIRES JUNE 8, 1998 Notary Public
My commission expires:
ATTEST:
� BOARD OF COUNTY COMMISSIONERS
. , %�/:� ��
CLERK TO/ S�;,��'T'f �� OF WELD COUNTY, COLORADO
COUNTY 1
COMMIS
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BY: �w�r•�i jRy���.
Deputy Clerk to the Board 'rm( fl�i/S �rr.%i�dan
Constance L. Harbert (09722/49f)
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EXHIBIT A
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WELD COUNTY HEALTH DEPARTMENT
1517 16TH AVENUE COURT, GREELEY, CO 80631
(970) 353 -0635 EXT 2225 FAX (970) 356-4966
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Permit # : SP-9800001 Sec/Twn/Rng: 01 01 64 PERMIT
Permit Type : RNEW C=commercia , R=residential + NEW, REPair, VauLT
1305 2500001'i " Applied: 01/05/1998
Parcel No: 1475 01 100-03-8 4v-u Expires : 12/31/1998
•
Location : BEND, WCR 65 KEENESBURG 1 1 64 Zl-Z-(p'y
Legal Desc : LOT A REC EXEMPT RE-1853 PT S2NE4 1-1-64 BEG AT NE
OWNER GEISLER RAYMOND AND CAROLYN
20 BOX 176 , KEENESBURG
APPLICANT ANDREWS LARRY Phone : 970 . 539 . 4000
2907 13TH AVE, GREELEY COLORADO 80631
SEPT-ENGR COPE TOM TOTAL ENGINEERING Phone : (970) 339-5215
3310 STATE STREET, EVANS, COLORADO 80620
Description: HOUSE
Commercial (Y/N) : Residential (Y/N) : Y Acres : 80 . 00
Number of Persons : 2 Basement Plumbing (Y/N) : Y
Number of Bedrooms : ( 4 ) Bathrooms-> Full : 2 3/4 : 1/2 : 1
Water Public (Y/N) : Utility Name :
Water Private (Y/N) : Y Cistern (Y/N) : Well (Y/N) :
Water Permit No: 424925
Percolation Rate : 2--c 3- Limiting Zone : >cl ft _ in Desc :
Ground Slope : Dir: Soil Suitable (Y/N) : yS
Engineer Design Req' d (Y/N) : j() In 100 Yr Flood Plain (Y/N) : n10
From the application information supplied and the on-site soil percolation data the following minimum installation specifications
are required;
Char}bers
Septic Tank: « gallons, Absorption Trench Inv, sq. ft . 3LI
Or
Absorption Bed (392_ sq. ft .
In addition, this permit is subject to the following additional terms and
conditions: 04jAptia.t?-12-QAy k *1 01,,
•
NOTICE
This permit is granted temporarily to allow construction to commence. This permit may be revoked or suspended by the Weld County
Health Department for reasons set forth in the Weld County individual sewage disposal system regulations including failure to meet
any term or condition imposed thereon during temporary or final approval. The issuance of this permit does not constitute
assumption by the department or its employees of liability for the failure or inadequacy of the sewage disposal system.
This permit is not transferable. Before issuing final approval of this permit the Weld County Health Department reserves the right
to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval is
contingent upon the final inspection of the completed system by the Weld County Health Department.
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EXHIBIT B
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EXHIBIT C
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SHREDDED TIRES IN ABSORPTION FIELD STUDY
The Weld County Health Department(WCHD) in cooperation with the Colorado Department of
Public Health and Environment(CDPHE) is conducting this study to determine if shredded tires
are an appropriate alternative material to rock aggregate in absorption fields. Positive results
could lead to County and Statewide approval for their widespread use.
The WCHD will install two (2) absorption fields and conduct appropriate observation and
monitoring as described in the attached sampling plan titled "Quality Assurance Project Plan for
Scrap Tire Chip Aggregate Septic Systems". Generally, observation and monitoring will include
numerous analytically measured parameters to assess the impact to the environment from the
effluent as it passes through the absorption field and to observe if the tire shreds function
adequately in place of rock aggregate.
The WCHD will locate two (2) property owners that are interested in participating in this study.
The WCHD will install the distribution box, absorption field, and sampling ports, at no cost to
the property owner. The property owner must be willing to commit to the following:
Agree to obtain an I.S.D.S. permit from the WCHD and install an appropriately sized
septic tank at the landowners cost.
Agree to allow access to WCHD and CDPHE staff access to the property for the next 5
years. Access will ikely be limited to one hour per month. However, during installation
and following initial start-up of the system access may occur at a more frequent rate.
Agree to allow representatives of the WCHD and CDPHE to excavate the soils above the
distribution box so that samples can be obtained. This may occur monthly, however, no
less frequent than quarterly.
Agree not to allow vehicular or livestock traffic on the areas shown on Exhibits"B" if in
use as a absorption field and agree not to allow the placement of any structures, including
but not limited to driveways, fences, pipelines, buildings, or sheds or the planting any
trees or shrubs within 10' of the areas shown on Exhibits"B" without the express written
authority of the County.
Allow the installation of four (4) sampling ports into the absorption field. The ports will
consist of 4" PVC piping that will protrude approximately 12" above the ground surface.
The ports will remain for the duration of the study,not to exceed five (5) years.
Agree to be interviewed by WCHD and CDPHE staff concerning the usage of household
chemicals and other liquids discharged through the septic system.
Agree to abandon the tire shred absorption field in the event the WCHD or the CDPHE
provide a written request to do so based upon a determination that the operation of the
SHREDDED TIRES IN ABSORPTION FIELD STUDY
PAGE2
absorption field will contaminate waters of the state. Abandonment shall consist of
removing any piping or connection to any septic tank and filling the distribution box with
concrete.
Agree to designate a suitable area for a replacement absorption field for the term of the
study and install a conventional rock aggregate absorption field in that area or connect
with sanitary sewer at landowners expense if abandonment of the tire'shred absorption
field is requested by either the WCHD or the CDPHE.
The WCHD will commit to the following:
Provide engineering, if necessary, and installation of the distribution box,tire shred
absorption field, and sampling ports, at no cost to the property owner.
Provide results of the study to the property owner.
Waive any additional permit fees for the replacement field if abandonment of the tire
shred absorption field is requested.
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QUALITY ASSURANCE PROJECT PLAN
for
SCRAP TIRE CHIP AGGREGATE SEPTIC SYSTEMS
Evaluation of Potential Impacts to Groundwater and Performance Attributes
Prepared By:
Colorado Department of Public Health and Environment
Hazardous Materials and Waste Management Division
Approval Page:
Hazard Materials e,Management Division:
ti-Glenn Mallory,Lea Da e
Solid Waste Unit
Compliance Program
Hazardous Materials and nagement Division
Water Quality Co of Division:,
7 //7' �
Tom Bennett,Planning/Grants Officer [$ate
Groundwater Planning and Standards
Water Quality Control Division
Weld County Health:
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eld County Health Department
Engineer:
- 72v c7 3z 3/5.1
Victor Saki Date
"Water/Waste ater Engineer
Water Quality Control Division
QAPP for Scrap Tire Clint Aggregate Sep'ic System.
February II,199E
1
Table of Contents
Approval Page 1
1.0 Project Management 3
1.1 Project/Task Organization 3
1.2 Problem Definition 3
1.3 Project and Task Description 3
1.4 Data Quality Objectives 4
2.0 Measurement/Data Acquisition 4
2.1 Sampling Process Design 4
2.2 Sampling Method Design 4
2.3 Sampling Method Requirements 4
2.4 Sample Handling Requirements 5
2.5 Analytical Method Requirements 5
2.6 Quality Control Requirements 5
3.0 Assessment and Oversight 6
4.0 Data Validation and Verification 6
5.0 Schedule of Activities 6
Attachment 1- Scrap tire chip specifications 7
Attachment 2-Diagram of residential septic system 8
QAPP for Scrap Tire Chip Aggregate Septic Systems
February 11.199S
2
1.0 PROJECT MANAGEMENT
1.1 PROJECT/TASK ORGANIZATION
Name Organization Responsibility
Ken Niswonger CDPHE/HMWMD Installation, Interview,Sampling, Data Review
Roger Doak CDPHE/HMWMD Installation,Interview,Sampling, Data Review
Tom Bennett CDPHE/WQCD Installation, Field Evaluation of Biomat, Data Review
Glenn Mallory CDPHE/HMWMD Data Review
Trevor Jiricek Weld County Health Installation, Interview,Sampling,Data Review
1.2 PROBLEM DEFINITION AND BACKGROUND
CDPHE is tasked with a proposal to use scrap tire chips as aggregate in residential septic systems.
1.3 PROJECT AND TASK DESCRIPTION
The proposed site is a residential septic system constructed with scrap tire chips meeting the specifications defined in Attachment
I. The design of this system is diagrammatically represented in Attachment 2. The goal of this plan is to evaluate the impact
on effluent waters emanating from the aggregate unit associated with the residential septic system under consideration. In so
doing,the effort is intended to provide a demonstration of function of such a system for appraisal for effectiveness. Two sytems
will be placed under test in Weld County. The Weld County Health Department will permit the septic system, oversee the
construction,and inspect the system for proper function.
Data from USGS will be gathered regarding the stratigraphy in the general locale, along with the identification of major
subterranean features. The adjacent land uses will be documented,in addition to the areal distribution of other residential homes.
The WQCD and HMWMD divisions of CDPHE will provide personnel and partially fund the sampling,and execution of this
sampling plan. The owner,and/or agent will allow access to the property for the explicit purpose of collecting samples from the
septic system under test.
The parameters of interest include the following elements(metals)taken from the"Basic Standards for Groundwater",regulation
number 41,Water Quality Control Commission,August 31, 1997. These parameters will be measured by Inductively Coupled
Argon Plasma Emission Spectroscopy (ICAP or ICP),Test Methods for Evaluating Solid Waste(SW-846),Method 6010B.
Elements Elements
Antimony Iron
Arsenic Lead
Barium Lithium
Beryllium Manganese
Cadmium Nickel
Chromium Selenium
Cobalt Thallium
Copper Vanadium
Zinc
Organic parameters will be measured by Gas Chromatography/Mass Spectrometry(GC/MS), Purge and Trap,Test Methods for
Evaluating Solid Waste(SW-846),Method 8260B.
Volatile Organic Compounds
PAPP for Soap Tire Chip Aggregate Septic Systems
February It.1998
3
9*/ 0(4
Other parameters will be collected and analyzed at the Weld County Health Department Laboratory. Parameters will be analyzed
by methods specified in" Methods for Chemical Analysis of Water and Wastes", 1983.
Other parameters Method
pH 150.1
Total Residue(Total Solids) 160.3
1.4 DATA QUALITY OBJECTIVES FOR MEASUREMENT DATA
The following data quality objectives will be applied to this project:
The study plan is to collect representative samples from engineered sampling ports installed in residential septic systems
constructed using scrap tire chips as aggregate,and to evaluate the resulting data to determine any negative effects on the resulting
water quality from the use of these materials in this application. Further,the study plan will provide for an evaluation of the
effectiveness of such systems by visual inspection of the resulting biomat development on this synthetic aggregate system.
These two elements will contribute to an appreciation of the utility of such systems,and provide a basis for demonstrating a
proven record of performance as an alternative leach field material as described in the"Guidelines on Individual Sewage
Disposal Systems",(5 CCR 1003-6 and C.R.S.25-10-101).
The Division will conductsampling at the properties to ascertain the quality of the system influent and effluent waters. A
standard interval sampling approach for parameters will be employed over the eight quarters of the study. Sampling will occur
at the valve box and sampling ports most distal from the box. In the event that water is not present in the distal port,the proximal
port shall be used.
To determine if positive samples contain contaminants at concentrations greater than the Maximum Contaminant
Level/Groundwater Standards,the Practical Quantitation Limit ("PQL") for the analyte shall be used. The PQL provides a
threshold,above which,there is a 95%confidence that the analyte is present at the reported concentration. The PQL shall meet,
or exceed the method specifications.
The intent of this study is to evaluate potential groundwater impacts from scrap tire chips. In order to discriminate between the
actual leachate impacts and household inputs and plumbing,plumbing materials and use of chemicals making their way into the
septic system at the residences under consideration will be documented.
2.0 MEASUREMENT/DATA ACOUISITION
2.1 Sampling Process Design
A judgmental sampling approach will be implemented at each location. The particular method of securing samples will be
documented,along with any options exercised by the sampler. Samples will be grab samples.
2.2 Sampling Method Design
The exact location of the sample collected will be documented in the field records, and marked with a unique sample number.
The following sampling equipment/media will be used to obtain environmental samples from the respective matrix:
2.3 Sampling Method Requirements
Parameter/Matrix Equipment/Media
Metals Cooler, ice;Glass"thief',approx 'h inch diameter and sufficient length,or pump.Glass or plastic
containers,approximately I Liter volume,HCL preserved. Std turn around time.
QAPP for Scrap Tire Chip Aggregate Septic Systems
February II.1498
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•
Total Residue Cooler,ice.Glass or plastic containers,approximately 200 mL volume.
pH Glass or plastic containers,approximately 100 mL volume. Std turn around time.
(May be accumulated in the field)
VOCs Cooler,ice. Glass containers,40 mL VOC container. Std turn around time.
Trip blank required.
NOTE:Dermal protective equipment(gloves)will be utilized. This is specifically due to the fact that protection from
infectious bacteria are necessary.
Decontamination: none required.
Sample Documentation:
All sample documents will be completed legibly and in ink. Any corrections or revisions will be made by lining through
the original entry and initialing the change. The following sample documentation will be maintained:
Field Logbook Entries in the field logbook will include at least the following:
o name of personnel making entry
o date and time of all entries
o descriptions of site activities,noteworthy events or discussions
o identification of samples and locations
o records of photographs,or site sketch
Sample labels The sample labels will contain the following information:
o date and time the sample was collected
o analysis requested
o sampling location and number
2.4 Sample Handling and Custody Requirements
A Chain of Custody Record for confirmatory samples will be maintained from the time of sample collection until final deposition.
Every transfer of custody will be noted and signed for and a copy of the record will be kept be each individual who has signed
it. Samples will be sealed, labeled, and immediately placed on ice. All samples collected will be transported directly to the
laboratory. All sample documents will be retained for the project record.
2.5 Analytical Method Requirements
The methods specified for this plan require compliance with the individual method specifications. As evidence of this minimum,
the Coordinator will examine the deliverables for each data set,and initiate corrective actions(see Assessment/Oversight).
2.6 Quality Control Requirements
The batch Quality Control of a contract laboratory will be utilized. At least one precision, and one accuracy determinant shall
be utilized in each batch (eg.,one laboratory fortified blank-Accuracy,one duplicate-Precision). No QA/QC source samples
will be required. A level III data package is required to document the accuracy and precision, instrument calibration/frequency,
blank,and method specific process controls.
QAPP for Scrap Tire Cup Aggregate Seprm Systems
Felwry I L 1998
5
3.0 ASSESSMENT AND OVERSIGHT
All data(100%)relative to this plan will be examined. The potential for systematic errors in sampling will be examined by data
review. Data Inspection of the laboratory work product are planned if data collected for this plan are suspect,or if the veracity
of the data set are in question based upon the initial examination. Laboratory System Audits are planned if a Data Inspection
reveals concern about the manner of analysis of samples related to this project. Any failures detected as a result of these efforts
will be communicated directly to the Laboratory Director for corrective action. A corrective action report will be generated by
the Laboratory Director for any,and all failures brought to his attention. In the event that the corrective action report does not
address the concerns raised by these efforts,the contracting officer for HMWMD may employ measures to reconcile such failures
up to,and including contractual termination.
4.0 DATA VALIDATION AND VERIFICATION
Data generated under this QAPP will be evaluated accordingly with appropriate criteria contained in the referenced EPA
methods. The resulting data packages will be evaluated on the basis of the batch QC generated from the contract laboratory.
Data failing to meet minimal method specifications will be rejected, or qualified as appropriate. Data meeting the minimal
specifications shall be evaluated for anomalous,or unusual findings.
The goal for this project is 99%Representativeness;that is,the manner of sampling and analysis shall be accomplished such that
the highest degree of scientific certainty will be obtained. This will be accomplished by using experienced samplers, following
this QAPP to the extent possible,and documenting unanticipated field/laboratory problems as soon as possible for immediate
reconciliation.
The goal for this project is 99%Completeness. With a limited sampling budget and numerous questions to answer,any failure
will be detrimental to evaluating scrap tire aggregate septic systems application in Colorado. The samples collected must make
their way to the laboratory intact,be properly analyzed,reported, and systematically evaluated to insure a fair understanding of
these systems and their impact to the environment.
A six month summary detailing the problems,successes, and interim findings shall be discussed at a Project Summary Meeting
attended by the approval authorities in HMWMD,WQCD,Weld County Health Department,and other interested parties.
An agenda, meeting location,and attendees shall be developed for each meeting.
A draft final report shall be issued detailing the findings of this study for comment. Comments incorporated,a final report shall
be issued.
5.0 SCHEDULE OF ACTIVITIES
Proposed Schedule of Work
Activity Start Date End Date
Observation of system installation ,.
Examination of plumbing-interview of participants
Collection of Samples
QAPP for Scrap Tire Chip A88rcyart Scp"c Systems
rebmary Ii 1998
6
REOUEST FOR PROPOSAL
Production and Delivery of Tire Chip Aggregate
SCOPE OF WORK:
This is a request for proposal for the production and delivery of 125 cubic yards of tire chip
aggregate to be used in septic system leachfields. The specification for the tire chip aggregate is
described below. The tire chips will be delivered to 3 separate locations (exact locations not yet
identified) in Weld County at the direction of the Weld County Health Department.
TIRE CHIP SPECIFICATION: •
1) Tire chips may not be smaller than three-fourths(3/4) inch nor larger than two (2) inches.
2) Wire strands may not protrude more than one-half(1/2) inch from the sides of the tire chips.
3) The tire chip aggregate shall be free of balls of wire.
4) There shall be no fines in mixed into the tire chip aggregate. Fir_ies in this context is defined
as particles or substances which can settle to the bottom of the absorption trench and
contribute to the clogging or blocking of infiltrative surfaces. Examples of fines include
dust, dirt, grit, and similar substances.
Only one bid shall be submitted to produce and deliver the tire chip aggregate to all 3 sites.
REOUIREMENTS:
Written proposals should include:
1. All necessary fees, including but not limited to production, loading, and
hauling. Optional fee structures may be quoted and,at the option of the
County, may be considered.
2. Bidder's qualifications to include, as a minimum, written response to
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questions listed under Bidder Qualification Section of this proposal.
BIDDER OUALIFICATIONS:
The County must have evidence of the bidder's ability to provide the services described
in this Request for Proposal. Bidder must answer questions regarding qualifications
specified in the request for proposal during the selection interview. Specific questions
that the bidder should include in the written proposal are:
1. Experience with production and delivery of tire chip aggregate as
defined in the specifications above.
?. References for similar.
3. Background information on firm,including applicable operating permits,
etc. This should include the compliance status of any applicable permit.
ADDITIONAL INSTRUCTIONS/INFORMATION:
It is understood that the Board of County Commissioners reserves the right to reject any
and all proposals,to waive any informalities in the proposal process, and to accept the
proposal that, in the opinion of the Board, is in the best interest of the Board and of the
County of Weld, State of Colorado.
The successful firm shall indemnify and hold harmless Weld County against all claims
for royalties, patents, or for suits for infringement thereon, which may be involved in
providing the services requested.
The County reserves the right to refuse the lowest bid and select the overall best
qualified bidder. All factors relating to the bid will be carefully weighed.
The proposal shall be sent in sealed envelopes labeled"TIRE CHIP AGGREGATE".
Three copies of the proposals must be submitted.
Proposer must be willing to agree to the following standard contract provisions unless
specified in writing as an exception in the proposal submitted:
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1. Contractor agrees that it is an independent contractor and that its officers
and employees do not become employees of the County, nor are they
entitled to any employee benefits and County employees as the result of
the execution of this agreement.
2. Contractor shall indemnify County, its officers and employees against
liability for injury or damage caused by any negligent act or omission
of any of its employees or volunteers or agents in the performance of the
approved agreement and shall hold County harmless from any loss
occasioned as a result of the performance of the contract by contractor.
The contractor shall provide necessary workers' compensation insurance
at contractor's own cost and expense.
3. No officer, member or employee of County and no member of their
governing bodies shall have any pecuniary interest,direct or indirect, in
the approved agreement or the proceeds thereof No employee of
contractor nor any member of an employee's family 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 of contractor.
4. Contractor may not assign or transfer the approved agreement, any
interest therein or claim thereunder without the prior written approval of
County.
5. Payment of contractor will be made only upon presentation of a proper
claim by contractor subject to the approval of the Weld County Health
Department.
6. County shall have access to contractor's financial records for purposes
of audit. Such records shall be complete and available for audit ninety
(90) days after final payment hereunder and shall be retained and
available for audit purposes for five years after final payment hereunder.
7. County may terminate the approved agreement at any time by giving
contractor a ten (10)day written notice of such sooner termination and
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may be terminated at any time without notice upon a material breach of
the terms of the approved agreement by Contractor.
8. Time is of the essence in each and all of the provisions of the approved
agreement.
9. No alteration or variation of the terms of the approved agreement shall
be valid unless made in writing and signed by the parties hereto.
10. Contractor shall not be allowed or paid travel expenses unless set forth
in the approved agreement.
Contractor Responsibilities are as follows:
I. The contractor will provide tire chip aggregate as described above in the
specification. Prior to delivery the contractor shall provide a
representative sample of the tire chip aggregate to demonstrate that the
appropriate specification has been achieved.
Evaluation of Proposals:
1. The Contractor shall be permitted by the U.S. Environmental Protection
Agency,Colorado Department of Public Health and Environment,and/or
other applicable regulatory agencies, as required. Proof of such permits
shall be submitted with proposal.
2. The Contractor shall provide for the transportation and delivery of the
tire chip aggregate.
3. The Contractor shall also provide any insurance coverage required by
Weld County.
4. The Contractor shall work in cooperation with the Weld County Health
Department for the delivery of the tire chip aggregate.
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Questions concerning the production and delivery of the tire chip aggregate should be
directed to Trevor Jiricek at(970) 353-0635,extension 2232. Questions concerning the
bid process should be directed to Weld County Purchasing at(970)356-4000,extension
4222.
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