HomeMy WebLinkAbout980570.tiff AGREEMENT FOR PROVISION OF CONSULTING SERVICES
THIS AGREEMENT, made and entered into this 4`" day of March 1998, by
and between Weld County Colorado, Buildings and Grounds Department,
hereinafter referred to as "Client" and RLH Engineering, Inc. , a Colorado
corporation, hereinafter referred to as "Consultant" .
WHEREAS, Client is desirous of engaging the services of Consultant
for purposes of obtaining the Consultant' s expertise in the areas of
asbestos consulting for project design, bidding, air monitoring, and
contract administration; and,
WHEREAS, the Consultant has agreed to provide such expert services
under certain terms and conditions as hereinafter set forth; and,
WHEREAS, the services to be provided by the Consultant are to be
limited to the services which are more fully described herein; and,
WHEREAS, the parties hereto wish to memorialize in writing the terms
of their agreements and understandings with regard to the rights and
obligations of the Client and Consultant under their agreement.
NOW, THEREFORE, in consideration of the covenants and promises
hereinafter set forth, the parties hereto agree as follows :
1 . Consultant shall utilize its best efforts to provide
the services which are described herein and contemplated to be
provided by the Consultant in fulfillment of the project of
the Client, a written copy of which Project Scope of Services,
if available, is attached to, incorporated herein and titled
Exhibit "1" .
2 . Consultant shall perform such services to the best of
its abilities, taking into consideration the time considerations
expressed by the Client and with due regard for the safety of all
persons and property associated with the project .
3 . The Client shall provide the Consultant with complete
information concerning the project, and shall allow the Consultant
the opportunity to review all necessary and reasonable documents
concerning the project.
4 . The Client is permitted to reproduce or disseminate any
of the written proposals, reports or other information prepared by
Consultant in relation to the project. The Consultant shall not be
liable for the Client' s use of materials prepared by the Consultant,
if the Client' s use is beyond the scope of the project.
5 . Changes in the nature and scope of the services to
be provided by the Consultant pursuant to this Agreement shall
be as agreed upon from time-to-time by the Consultant and the
Client. Any material changes in the nature of the services to
be provided by the Consultant must first be reduced to writing
and executed by the Client and Consultant.
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6. This Agreement may be terminated by either of the
parties hereto upon seven days written notice to the other party,
if either party should fail to substantially perform its obligations
pursuant to this Agreement.
7 . The compensation to be paid by the Client to the
Consultant shall be at the Consultant' s standard billing rate, as
quoted to the Client in Exhibit "1" . If Client has not paid a
billing from the Consultant for work performed on the project, then
the Consultant may terminate further work on the project, with such
notice being effective seven days after mailing. Consultant shall
incur no further liability with respect to the project after
termination in accordance with such notice.
8 . By entering into this Agreement and acting in accordance
therewith, it shall not be construed that the parties hereto are
partners or joint venturers, nor are the parties hereto to be
construed to be employer and employee, but, rather, the Consultant
shall be construed to be an independent contractor with regard to
the project.
9. If it becomes necessary for either party to initiate a
legal action against the other party with regard to the fulfillment
of obligations under this Agreement, the prevailing party on such
claim shall be entitled to recover in addition to other damages,
reasonable attorney' s fees as determined by a court of competent
jurisdiction.
10 . This Agreement shall be construed under the laws of
the State of Colorado.
11 . The Client agrees to limit the Consultant' s liability
to the Client on the project, due to the Consultant' s negligent
acts, errors or omissions, such that the total aggregate liability
of the Consultant to all those named shall not exceed the total fee
for services rendered on this project, or $100, 000 whichever is
greater.
12 . Consultant shall maintain documentation of services
provided to Client under the terms of this Agreement and said
information shall be available to Client at any time upon request.
Mr. Steve Boeck shall monitor and coordinate the performance of the
terms of this Agreement. The Consultant agrees to coordinate
activities under this Agreement with Mr. Steve Boeck.
13 . All notice required to be given pursuant to this
Agreement shall be deemed to be given when such writing is deposited
in the United States mail, first class postage prepaid and addressed
as follows.
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To the Client:
Pat Persichino
Director of General Services
Weld County, Colorado
915 10' Street
Greeley, CO 80631
To the Consultant:
Richard Huwa
RLH Engineering, Inc.
1200 Carousel Drive, Suite 202
Windsor, CO 80550
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date and year above written.
W C B erg
By: . U i✓� GG�
;�11�° ,%, Title: Chair (03/09/98)
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Attest: /./ ,;;`; :.. " � frIiG�L�.i:
A' sin
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Deputy C IIVCW ;Oct%
RLH ENGINEERING,. INC.
By: ( A ,C/Il.'A."ci_
Title: President
Attest: n 7 /f`''`:'
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R L H engineering, inc.
Facility Planning, Engineering, & Environmental Services
"Exhibit 1"
March 4, 1998
Mr. Steve Boeck
Buildings Maintenance Coordinator
1500 Second Street
Greeley, CO 80631
SUBJECT: Proposal for Asbestos Consulting Services
Old Hospital Building - Island Grove
Dear Mr. Boeck,
This proposal is for asbestos consulting services for the above project.
Our proposed services include the following specific tasks:
1 . Asbestos abatement project design for all ACM identified in survey
dated February 18, 1998 .
2 . Bidding of abatement work to three prequalified abatement
contractors.
3 . Clearance air monitoring at the completion of abatement.
4 . PCM laboratory analysis of clearances samples .
5 . Contract administration.
6. Closeout report.
Our proposed cost to provide these services is not-to-exceed $3, 825 . 00 .
Air monitoring inside the building during abatement is not required by
regulation and is, therefore, not included in this proposal.
We propose to conduct a pre-bid walkthrough and have bid results by March
19, 1998 . The Colorado Department of Public Health and Environment
requires a ten working days notice prior to start of work for an
abatement permit. The abatement work should take approximately 2-3 weeks
to complete depending on contractor work load and should be finished by
late April .
The project designers and air monitoring personnel used on this project
will be licensed and trained as required by the Colorado Department of
Public Health and Environment.
1200 Carousel Drive,Suite 202 ■ Windsor,Colorado 80550 •(970)686-5695/Fax 686-5696 CMD"j 7t'/
Mr. Steve Boeck
March 4, 1998
Page two
Thank you for your further business. Please call me if you have any
questions.
Sincerely, Proposal Accepted:
RLLHHt Engineering, Inc.
Robeert K. Szynskie
Senior Project Manager Pat Persichino
Director of General Services
attachment oldhosplta142.461
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R L H engineering, inc.
Facility Planning, Engineering, & Environmental Services
RLH ENGINEERING, INC.
1998 BILLING RATES
Principal $ 75 . 00/hour
Senior Project Manager $ 52 .50/hour
Project Manager $ 50 . 00/hour
Technician $ 40 . 00/hour
Drafting/Secretarial $ 30 . 00/hour
Air Monitoring Technician $375 . 00 per 8 hour day
including on-site analysis and up to
five PCM samples analyzed at the lab
PCM Analysis - 6 hour turnaround $ 22 . 00/sample
PCM Analysis - 24 hour turnaround $ 17 . 00/sample
PLM Analysis - 24 hour turnaround $ 18 . 00/sample
Miscellaneous expenses reimbursed at cost.
1200 Carousel Drive,Suite 202 • Windsor,Colorado 80550 •(970)686-5695/Fax 686-5696 qW S-7v
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