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HomeMy WebLinkAbout992473.tiff RESOLUTION RE: APPROVE AGREEMENT FOR ACCESS TO AND INSTALLATION OF A STUDY LEACH FIELD AND AUTHORIZE CHAIR TO SIGN - BITTERSWEET FARMS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Access to and Installation of a Study Leach Field between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and Bittersweet Farms, Inc., with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Access to and Installation of a Study Leach Field between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and Bittersweet Farms, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of October, A.D., 1999. BOARD OF COUNTY COMMISSIONERS LD COUNTY, CO 3 ' ' DO ATTEST: LI/ �I/�f V .� . , , /� sale K. Hall, Chair Weld County Clerk to the '&S • `�O. — _XCUSED DATE OF SIGNING (AYE) a //J, < O W 'arbar J. Kirkmeyer, P o-Ten BY: 27iii,,.i `!1!f_I% _ . a / Deputy Clerk to the Board 4l IV ��. - 'George axter 7.-1,---)7, APPROVED AS TO FORM; ' ____004—!„,‘ 7 ty Attorn yz' / 1 Glenn Vaad 992473 rY`'. }-L, HL0025 AGREEMENT FOR ACCESS TO AND INSTALLATION Of A STUDY LEACH FIELD THIS AGREEMENT is made this I} day of , 1993, by and between a pep St.4- ! T ; l aft 5 I A C . .on behalf of themselves, their heirs, agenfs, and assigns, h einafter re erred 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 lirrrts on use of the system and the land overlaying the leach 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 attac:led 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 Ex "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 agreerr ent 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 '.nclude 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 he made available to landowner. 1 of 3 992473 fiLOC25 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 t:zis Agreement shall be five years which term may be shortened by the County 2 of 3 if 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 he:-eto. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. STATE OF COLORADO ) ss. COUNTY OF WELD ) The re oin a 40 it th cknowledged before me this I day of Orh)(11& 1991, by tO Witness m h.. -, it,04,;� '. se}s . Not Public Mycommisssiiownex ExofrssMarch26,200? ATTEST: ,a0 D �Dwt/ BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD OF 1 yk,„.1 1 OF WELD COUNTY, COLORADO COUNTY COMMISSIONE>t (Li 147„fraH71/ flt BY: Kaei5 , " �� . Y`' r Deputy Clerk to the Bd (0)if Dale K. Hall Chairman (10/11/99) 3 of 3 EXHIBIT A WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE, GREELEY, CO 80631 PHONE (970) 304 - 6415 FAX (970 ) 304 -6411 Permit # : SP-9900389 Sec/Twn/Rng: PERMIT Permit Type : R_NEW C-commercial, k-resider,c_,=_ - NEW, REPar, ✓aurT Applied: 08/09/1999 Parcel No: 1303 05 Expires : 08/03/2000 • Location: 10 02 63 SEE MAP Legal Desc : APPLICANT BITTERSWEET FARMS P O BOX 175, ROGGEN CO 80652 OWNER SHIFTING SANDS RANCH LLC P O BO2 157, ROGGEN CO 80652 SEPT-ENGR ALPHA ENGINEERING Phone : (303) 857-2308 PO BOX 392, FORT LUPTON COLORADO 80621 Description: MOBLIE HOME Commercial (Y/N) : N Residential (Y/N) : Y Acres : 1200 . 00 Number of Persons : S Basement Plumbing (Y/N) : N Number of Bedrooms : 3 Bathrooms-› Full : 1 3/4 : 1 1/2 : Water Public (Y/N) : N Utility Name : Water Private (Y/N) : Y Cistern (Y/N) : N Well (Y/N) : Y Water Permit No: Percolation Rate : --1-:(7 Limiting Zone : 'Aft — in Desc : Ground Slope : _ Dir: Soil Suitable (Y/N) : Engineer Design Req'd (Y/N) : '11,x, In 100 Yr Flood Plain (Y/N) : From the application information supplied end the on-site soil percolation data the following minimum installation specifications are required: Chambers Septic Tank: 1057) _ gallons, Absorption Trench j2 sq. ft . or Absorption Bed -T11 sq. ft . In addition, , this permit is subject to the following additional terms and conditions : ,G ( 611'1_. - r 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. This permit expires one year from the signature date. (41c-t EXHIBIT B /\ _- nyer�o.lwn a.-rc ocC�.x UM f2/�, lccodicon of tOt Ofi lQ ji(AN L\S V ) A({ O rti • IOc.I.11Cv ,, L I agree to abandon the tire shred absorption, and replace it with a conventional rock aggregate absorption field, in the event the Weld County Department of Public Health and Environment or the Colorado Department of Public Health and Environment provide a written request to do so based upon a determination that the operation of the absorption field will contaminate waters of the state. Abandonment shall of consist removing any piping or connection to any septic tank and filling the distribution box with concrete. -J;n,_ (I Print ame ignature. 247-29/92 Date / EXHIBIT C 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 Pro;ect 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 cbtain 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 years. Access will likely he 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 • PAGE 2 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. 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: CT Hazard laterial e-Management Division: - i / Glenn Mallory,Lea Q Da e Solid Waste Unit l\ Compliance Program Hazardous Materials and nagement Division Water Quality Co of Division:7 • Torn Bennett, Planning/Grants Officer Date r Groundwater Planning and Standards Water Quality Control Division Weld County Health // tc e.�Direcfor D to s eld County Health Department Engineer. ( 2 .� (7 3/23/5y Victor Saiy/ Date "Vater/WastesN ater Engineer Water Quality Control Division OAPP for Step The Chip Aggregate Septic System. February I 1991 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 arid 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 OMP IIX Soap Tirc Clio nyp<y+ic Sc9“,Smrnn February II,1998 • 1.0 PROJECT MANAGEMENT 1.1 PROJECT/TASK ORGANIZATION Name Organization Responsibility Ken Niswoneer 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 1. The design of this system is diagrammatically represented in Attachment 2. The goal of this plan is to evaluate the impact on effluent waters emanat Mg 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'he system for proper function. Data from USGS will be gathered resarding the stratigraphy in the general locale, along with the icentification 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 number4l,Water Quality Control Commission, August 31, 1997. These parameters will be measured b' 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 ()APP for Scrap Inv Ch,,Agprga,.Scpnc Spurs Frew.y II.19013 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(Toal Solids) 160.3 1.4 DATA QUicITY 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 CCP 1003-6 and C.R.S.25-10-101). The Division will conduct-sampling at the properties to ascertain the quality of the system influent and effluent waters. A standard interva sampling approach for parameters will be employed over the eight quarters of the study. Sampling will occur at the valve box and sampiir g 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 ACQUISITION 2.1 Sampling Process Design A judgmental sampling approach will be implemented at each location. The particular method of securing samples will he 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 equipmentimedia will be used to obtain environmental samples from the respective matrix: 2.3 Sampling Method Requirements Parameter/Matrix Eouinment/Media Metals Cooler,ice:Glass`thief', approx % inch diameter and sufficient lenoth. or pump.Glass or plastic containers,approximately I Liter volume.HCL preserved. Std turn around time. o&PP for Scrap Tuc Clop Agr,eiaie Scpe<Sysmnn FNrrv.,y II IW9 4 Total Residue Cooler,ice.Glass or plastic containers,approximately 200 mL volume. pH Glass or plastic containers,approximately100 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 e date and time of all entries o descriptions of site activities, noteworthy events or discussions o identification of samples and locations o records ofpho':,ographs, or site sketch Sarnrl' labels The sample labels will contain the following information: o date and time the sample was collected c analysis requested o sampling locar:on 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. 7.5 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 Contra! of a contract laboratory will be utilized. At least one precision, and one accuracy determinant shall be utilized in each batch leg., 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 specif c process controls. CAPP lot Scrap The Chip Agq!epuc Stone Symms FcAruary II.loot 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:he 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 evalua:ing scrap tire aggregate septic systems application in Colorado. The samples collected mus: make their way to the laboratory irtact,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 Dale Observation of system installation Examination of plumbing-interview of participants Collection of Samples QAPP for$crap T,rc Chip Ayyrt, 'c snn,c Asrcm+ February I I,I'M 6 ILlect 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 vet 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 stands 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. Fines 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, tint, and similar substances. Only one bid shall be submitted to produce and deliver the tire chip aggregate to all 3 sites. REQUIREMENTS: 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 questions listed under Bidder Qualification Section of this proposal. BIDDER QUALIFICATIONS: 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. 2. 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 proposed 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: 2 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 3 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. W. Contractor shall not be allowed or paid travel expenses unless set forth in the approved agreement. Contractor Responsibilities are as follows: • 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. :;. 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. 4 Questions concerning the production and delivery of the tire chip aggregate should be directed to Trevor Jiricek at(970)353-0635,extension 2231 Questions concerning the bid process should be directed to Weld County Purchasing at(970) 356-4000, extension 4222. TJ1883 5 IPost-tt'Fax Note L7671 : De°°s? Iq IT joe`�D' o2, To krO�ev- o cote. FT— i;v0v- 37Y S C.4 k tit • . 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' • I _ ,, ,,,. , fr.j ___ }- ' ; - - - - - . • i - i ?•-co�.=ovocoo o .>Tk/ • - . ) 2. i L tic?S /frAi/ =tom - -`-- i / //\`/' .f.„....... • cA P OR CPS di-- 36 ' - 2 DC 77-5/., /r-V7S/ 77:--ilt7/17/1 .. i D MiN- 2" ti 4 ,,,,c, 114 ,,,,,,.„,,,. „ .7? , Z, a--10 v G 0 i 0 0/g0 0 ,,9 oo,0o Mtu 4, 1 TiZE c4 'P5 h-11 1-1 _ C,U ,I 0 Ti _ — I _� 2 o 0 0 0 o v c., 0OOOOOO o o c n L K ` O Ail'I k-11-'/I// ARP f 13,, T0TPL P.22 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST DEPARTMENT: COUNTY ATTORNEY DATE: April 1, 1998 C. - - PERSON REQUESTING: Lee D. Morrison ofv/1 Brief description of the problem/issue: ou have previously approved, in November of 1997, a program to evaluate using shredded tires in place of aggregate in septic absorption fields. The Health Department is prepared to enter into agreements with two property owners who are planning to install conventional absorption fields to allow the installation of an absorption field using shredded tires rather than aggregate. The absorption field would be monitored by the health department for up to five years and the landowner would agree to set aside an area for a backup aggregate absorption field in the event the system does not perform adequately with the shredded tires. Trevor Jiricek and I have written a proposed agreement with attached protocols for the Board's consideration. What options exist for the Board? I) Place on the agenda to approve the substance of the Agreement and authorize the Chairperson to sign the individual agreements if in substantially the same form as approved by the Board, 2) Review each of the Agreements individually in a business meeting or work session,or 3) Hold a work session on the project Recommendation to the Board: Place on the agenda to approve the substance of the Agreement and authorize the Chairperson to sign the individual agreements if in substantially the same form as approved by the Board ldm/ Initial: Approve Schedule Recommendation Work Session Other Baxter V / Hall Harbert / Kirlcmeyer / Webster xc :Trevor Jiricek, John Pickle, Bruce Barker attach: Agreement Hello