HomeMy WebLinkAbout20250729.tiffFROM: Adria Schiel, Assistant County Attorney
DATE: June 23, 2025
SUBJECT: Asbestos Abatement and Demolition of 3716
Yosemite Drive
The Board authorized the Weld County Attorney's Office to file an action in District Court to
abate the public nuisance located at 3716 Yosemite Drive. The Court determined the property
was a public nuisance, ordered the County to clean up the property and will take evidence on
cost of cleanup for lien.
A recent test determined the mobile home had an asbestos spill and contains asbestos
materials. Based on the extensive asbestos abatement that will be required the proposal for
asbestos abatement, trash cleanup and demolition of the mobile home is $102,540.00. We
have already spent around $10,000 on clean up. This more extensive and expensive than we
were hoping, and we want to make the Board aware of the cost going forward.
At the work session on June 16, 2025, the proposal from Oak Environmental was discussed.
The Board of County Commissioners approved the request for a supplement appropriation out
of the solid waste fund to clean up the property.
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CONTRACT AGREEMENT EXTENSION/RENEWAL FOR PROFESSIONAL SERVICE
AGREEMENT BETWEEN
WELD COUNTY AND OAK ENVIRONMENTAL, LLC
This Agreement Extension/Renewal ("Renewal"), made and entered into 25 day of June
2025, by and between the Board of Weld County Commissioners and Oak Environmental LLC, hereinafter
referred to as the "Contractor".
WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld
County Clerk to the Board of County Commissioners as document No. 2025-0729, approved on March 17,
2025.
WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with
the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided
herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as
follows:
• The Original Agreement was for the first phase of cleanup at 3716 Yosemite Drive, Greeley, CO 80634.
The Contractor fulfilled the performance obligations of the Original Agreement.
• The Parties agree to extend the Original Agreement. Exhibit A1 consists of Oak Environmental' s
proposal for additional cleanup services at 3716 Yosemite Drive, Greeley, CO 80634.
• The Renewal, together with the Original Agreement, constitutes the entire understanding between the
parties. The following change is hereby made to the Contract Documents, which shall be effective
upon the expiration of the current term of the Original Agreement:
1. The total cost for Contractor's Services in the Original Agreement is $7,000.00. The total cost for
Contractor's Services in the Extension/Renewal Agreement is $102,540.00. The total maximum cost to
County under this Agreement is $109,540.00. In no event shall County be liable to pay any money more
than this total maximum cost unless County agrees otherwise in writing.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year
first above written.
BOARD OF COUNTY COMMISSIONERS
CONTRACTOR: Wes! COUNTY, COLORADO
Allen Gallogly
Printed Name
��
Signature
Perry % Buck, Chair JIMA
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ATTEST:+��
Weld C • unty CI - rk to the Board
BY:
Deputy Clerk to the Boar
2 676 -Niel
0/environmental
Oak Environmental, LLC
P.O. Box 1747
Commerce City, CO 80037
• WV
PROPOSAL
Exhibit
Al
Proposal Agreement to Perform Environmental Services to Weld Count- Attorney's Office
Date
Services Location:
3716 Yosetnite Drive
Greeley, CO 8063
Services Performed For:
Weld County Attorney's Office
1150 "0" Street
Greeley, CO 80631
Oak Environmental, LLC (Oak Environmental) is pleased to provide this proposal. We have prepared this submittal as an
indication of our commitment and ability to provide our professional services. This proposal is based on the information
provided by E3 and Weld County Attorney's Office. The basis of all information, quantities, and values were derived from
Earth Energy Environment (E3) Asbestos Sampling Report dated NTarch 31, 2025 and a site visit by Oak Environmental.
This proposal is subject to the terms and conditions contained in the Agreement between the parties and is made a part thereof.
.Any terms not otherwise defined herein shall have the meaning specified in the Agreement. In the event of any conflict or
inconsistency this proposal shall prevail. The Exhibit(s) to this proposal, if any, shall be deemed to be a part hereof. In the event
of any inconsistencies between the terms of the body of this proposal and the terms of the Exhibit(s) hereto, the terms of the
body of this proposal shall prevail.
All work performed by Oak Environmental will be performed in accordance with written procedures, and all applicable laws,
rules and regulations, in accordance with the U. S. Environmental Protection Agency (USEPA), the U. S. Occupational Safety
and Health Administration (OSHA) and the Colorado Department of Public Health & Environment (CDPHE).
Period of Performance
The Services shall commence on TBD, and shall continue through TBD unless an alternative start and finish date are agreed
upon. It is expected that work will take 30 days to complete once filed work has been approved and permits have been
obtained.
Scope of Work
Oak Environmental will remove and dispose of the following asbestos containing materials identified on the job site walk. All
work procedures will be in accordance with Colorado regulation #8 Part B.
Proposal lrr f l' e41 Count; f-1 flortley's• O ere ' Mg). 22. 202
oarenvironmentai
PROPOSAL
Asbestos Spill Cleanup Bid Item One.
Earth Energy Environment (E3) stated in their report that greater than 160 square feet of asbestos -containing materials were
disturbed. Based on the sampling results, E3 recommends that a spill delineation occur. After approval Oak Environmental will
work with E3 to delineate the extent of the spill and clean up the spill area in accordance with state regulations.
Asbestos Abatement Scope of Work Bid Item Two:
All identified asbestos materials will be removed prior to demolition. The Asbestos to be removed is as follows:
Description:
Knockdown Texture Walls
Classification: Surfacing Materials
Condition: Significantly Damaged
Quantity:
—1594 ft2
Friability:
Friable
Description:
Yellow Linoleum Flooring
Classification: Surfacing Materials
Condition: Good
Quantity: —271 ft2
friability: friable
Description: Garage Walls
Classification: Surfacing Materials
Condition: Significantly Damaged
Quantity: -718 ft2
! ; riability:
! ; riable
Description:
Swirl Texture Walls and Ceilings
Classification: Surfacing Materials
Condition:
Significantly Damaged
Quantity: -1218 ft2
1 ; riability: Friable
Demolition of Structure Bid Item three.
The Oak Environmental Scope includes:
• Mobilization of Equipment
• Permits CDPHE and Weld County
• Demolition of residential building
• Removal of debris
• Load Waste and haul to landfill for disposal
Proposal/Or [Feld eld County f-1 rlorfi s Office ' Algy 22, 2025
onenvironmentai
Clean up of Backyard down to creek Bid item four.
• Remove and dispose of the trash in the back of property to the creek
Contractor Responsibilities
PROPOSAL
Employees and management at Oak Environmental are expected to uphold the highest standards for health and safety
performance. Oak Environmental has developed a comprehensive safety plan that outlines the conduct of all personnel on the
project. All subcontractors associated with the project are required to comply with the health and safety goals and performance
of this plan.
The following summarizes these objectives and the successful themes of the project's approach:
• Safety (primarily, provide a safe working environment)
• Work together as a successful team
• Operate in a professional manner and maintain a clean site
Assumptions
• One Mobilization
• Work hours will be from 8:OOam to 4:30pm.
• Asbestos abatement base scope of work will be completed in 15 working days.
• The client will provide adequate water and power sources.
• The client will make arrangements to have access to the worksite.
Inclusions
• Permits
• Labor
• Materials
• Equipment
Proposal for f re/f/ County. Attorneys 0#7.:? ' Allay 22. 2023 3
onenvironmentai
• Disposal
Exclusions:
PROPOSAL
• Abatement of asbestos containing materials outside the Scope of Work as defined herein.
• Removal of driveway
• Restoration of or re -seeding the area impacted by our activities t
• Replacement of any asbestos containing materials removed, unless specifically noted otherwise.
• Tree removal
• Work in the right-of-way
• Utility disconnections of any kind
• Damage to existing improvements by construction traffic access
Fee Schedule
This engagement will be conducted on a Lump Sum basis. The total value for the Services pursuant to this Proposal shall not
exceed the amount below unless otherwise agreed to by both parties via the project change order.
Item
Description
Dollar
Amount
1)
Asbestos
Spill
Cleanup
(Bid
Item
One)
$35,690.00
2)
Asbestos
Abatement
Scope of
Work
(Bid
Item
Two)
$32,600.00
3) Demolition
of Structure
(Bid
Item
Three)
$25,450.00
4)
Cleanup
of Backyard
(Bid Item
Four)
$8,800.00
Total
$102,540.00
Bill To Address
11501 "0" Street
Greeley-, CO 80631
Client Project Manager
Adria Schiel
Proposal , for lr ehl County Attorney's Office ' Algy 22.2025 4
oat nvironmentai
PROPOSAL
IN WITNESS WHEREOF, the parties hereto have caused this SOW to be effective as of the day, month and year first
written above.
Bv:
Name:
Title:
Weld County Attorney's Office Oak Environmental, LLC
Karin McDougal
Deputy- Weld Count- Attorney
...
BV:
Name:
Title:
4114.11, 9alle&
_111en Gallo
President
Proposal for Feld County Attar -m.1' s Office • Mal 22. 2025 5
Resolution
Approve Consider Professional Service Agreement for Property Cleanup Services
(3716 Yosemite Drive, Greeley) and Authorize Chair and County Attorney's Office
to Sign — Oak Environmental, LLC
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, on the 29th day of April, 2024, the Board of County Commissioners of Weld
County, Colorado, approved Resolution #2024-0862, for the Abatement of Nuisance
Condition for the Property Located at 3716 Yosemite Drive, Greeley, Colorado 80634,
and
Whereas, pursuant to said Resolution, the Weld County District Court found the property
to be a public nuisance and ordered Weld County to abate and clean up the property, and
Whereas, the Board has been presented with a Professional Service Agreement for
Property Cleanup Services (3716 Yosemite Drive, Greeley) between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Public Health and Environment, and Oak Environmental,
LLC, commencing upon full execution of signatures, with further 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 Professional Service Agreement for Property Cleanup Services (3716
Yosemite Drive, Greeley) between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Department of
Public Health and Environment, and Oak Environmental, LLC, be, and hereby is,
approved.
Be it further resolved by the Board that the Chair and Karin McDougal, Deputy Weld
County Attorney, be, and hereby are, authorized to sign said agreement.
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2025-0729
HL0058
Professional Service Agreement for Property Cleanup Services (3716 Yosemite Drive,
Greeley) — Oak Environmental, LLC
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 17th day of March, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-0729
HL0058
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Professional Service Agreement Between Weld County and Oak Environmental, LLC
DEPARTMENT: County Attomey's Office DATE: 3/12/25
PERSON REQUESTING: Adria Schiel and Karin McDougal
Brief description of the problem/issue:
The Board authorized the Weld County Attomey's Office to file an action in District Court to abate the public
nuisance located at 3716 Yosemite Drive. The District Court found the property to be a public nuisance and
ordered the County to abate and clean up the property. Oak Environmental can provide a full range of abatement
services including trash removal and demolition of the mobile home. This Agreement is for the first phase of the
project which will consist of removing and disposing of trash and debris from the front of the property and
removing a dead tree. tt is anticipated that the project will require additional phases, and we anticipate this
agreement will need to be amended.
What options exist for the Board?
• Approve the contract with Oak Environmental, LLC (Attachment A) to hire contractor to begin the first
phase of the abatement project.
Decline the request
Consequences: The property will continue to be a public nuisance.
Impacts:
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): $7,200.00 for the first phase of
the project. The contract will be amended as we address different parts of the property and future costs are
incurred. We expect the entire project to cost between 40-50,000, a large extent which will be handled by this
contractor.
Since the property owner has failed to abate the nuisance, Weld County is authorized to impose a special
assessment for the cost of such abatement of the property.
Recommendation: Approve the contract with Oak Environmental, LLC
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
3/I -1
2025-0729
H L 0D5$
PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND OAK
ENVIRONMENTAL, LLC
THIS AGREEMENT is made and entered into this I -nay of Ma Vein ,
2025, by and between the Board of Weld County Commissioners, hereinafter referred
to as "County," and OAK ENVIRONMENTAL, LLC, hereinafter referred to as
"Contractor".
WHEREAS, County desires to retain Contractor to perform services as required
by County and set forth in the attached Exhibits; and
WHEREAS, Contractor is willing and has the specific ability, qualifications, and
time to perform the required services according to the terms of this Agreement; and
WHEREAS, Contractor is authorized to do business in the State of Colorado
and has the time, skill, expertise, and experience necessary to provide the services as
set forth below.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
1. Introduction. The terms of this Agreement are contained in the terms recited in this
document and in the attached Exhibits, each of which forms an integral part of this
Agreement and are incorporated herein. The parties each acknowledge and agree
that this Agreement, including the attached Exhibits, define the performance
obligations of Contractor and Contractor's willingness and ability to meet those
requirements (the "Work"). If a conflict occurs between this Agreement and any
Exhibit or other attached document, the terms of this Agreement shall control, and
the remaining order of precedence shall be based upon order of attachment.
Exhibit A consists of Oak Environmental' s proposal for the first phase of cleanup at
3716 Yosemite Drive, Greeley, CO 80634. Amendments to this Agreement will be
necessary for additional phases of the project.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or
products necessary for the Work and agrees to diligently provide all services, labor,
personnel, and materials necessary to perform and complete the Work described in
the attached Exhibits. Contractor shall further be responsible for the timely
completion and acknowledges that a failure to comply with the standards and
requirements of Work within the time limits prescribed by County may result in
County's decision to withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the mutual execution of
this Agreement and shall continue through and until Contractor's completion of the
responsibilities described in the attached Exhibits. Both of the parties to this
Agreement understand and agree that the laws of the State of Colorado prohibit
1
County from entering into Agreements which bind County for periods longer than
one year. This Agreement may be extended upon mutual written agreement of the
Parties.
4. Termination; Breach; Cure. County may terminate this Agreement for its own
convenience upon thirty (30) days written notice to Contractor. Either Party may
immediately terminate this Agreement upon material breach of the other party,
however the breaching party shall have fifteen (15) days after receiving such notice
to cure such breach. Upon termination, County shall take possession of all
materials, equipment, tools and facilities owned by County which Contractor is
using, by whatever method it deems expedient; and, Contractor shall deliver to
County all drawings, drafts, or other documents it has completed or partially
completed under this Agreement, together with all other items, materials and
documents which have been paid for by County, and these items, materials and
documents shall be the property of County. Copies of work product that is
incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." If
this Agreement is terminated by County, Contractor shall be compensated for, and
such compensation shall be limited to, (1) the sum of the amounts contained in
invoices which it has submitted and which have been approved by the County; (2)
the reasonable value to County of the services which Contractor provided prior to
the date of the termination notice, but which had not yet been approved for
payment; and (3) the cost of any work which the County approves in writing which it
determines is needed to accomplish an orderly termination of the work. County
shall be entitled to the use of all material generated pursuant to this Agreement
upon termination. Upon termination of this Agreement by County, Contractor shall
have no claim of any kind whatsoever against the County by reason of such
termination or by reason of any act incidental thereto, except for compensation for
work satisfactorily performed and/or materials described herein properly delivered.
5. Extension or Amendment. Any amendments or modifications to this agreement
shall be in writing signed by both parties. No additional services or work performed
by Contractor shall be the basis for additional compensation unless and until
Contractor has obtained written authorization and acknowledgement by County for
such additional services. Accordingly, no claim that the County has been unjustly
enriched by any additional services, whether or not there is in fact any such unjust
enrichment, shall be the basis of any increase in the compensation payable
hereunder. In the event that written authorization and acknowledgment by the
County for such additional services is not timely executed and issued in strict
accordance with this Agreement, Contractor's rights with respect to such additional
services shall be deemed waived and such failure shall result in non-payment for
such additional services or work performed. In the event the County shall require
changes in the scope, 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 Change Order. Any claims by the Contractor for adjustment
2
hereunder must be made in writing prior to performance of any work covered in the
anticipated Change Order, unless approved and documented otherwise by the
County Representative. Any change in work made without such prior Change
Order shall be deemed covered in the compensation and time provisions of this
Agreement, unless approved and documented otherwise by the County
Representative.
6. Compensation. Upon Contractor's successful completion of the Work, and County's
acceptance of the same, County agrees to pay Contractor an amount not to exceed
$7,200.00 as set forth in the Exhibits. No payment in excess of that set forth in the
Exhibits will be made by County unless a Change Order authorizing such additional
payment has been specifically approved by Weld County as required pursuant to
the Weld County Code. lf, at any time during the term or after temiination or
expiration of this Agreement, County reasonably determines that any payment
made by County to Contractor was improper because the service for which
payment was made did not perform as set forth in this Agreement, then upon
written notice of such determination and request for reimbursement from County,
Contractor shall forthwith retum such payment(s) to County. Upon termination or
expiration of this Agreement, unexpended funds advanced by County, if any, shall
forthwith be returned to County. County will not withhold any taxes from monies
paid to the Contractor hereunder and Contractor agrees to be solely responsible for
the accurate reporting and payment of any taxes related to payments made
pursuant to the terms of this Agreement. Unless expressly enumerated in the
attached Exhibits, Contractor shall not be entitled to be paid for any other expenses
(e.g. mileage). Notwithstanding anything to the contrary contained in this
Agreement, County shall have no obligations under this Agreement after, nor shall
any payments be made to Contractor in respect of any period after December 31 of
any year, without an appropriation therefore by County in accordance with a budget
adopted by the Board of County Commissioners in compliance with Article 25, Title
30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S.
29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X,
Sec. 20).
7. Independent Contractor. Contractor agrees that it is an independent contractor and
that Contractor's officers, agents or employees will not become employees or
agents of County, nor entitled to any employee benefits (including unemployment
insurance or workers' compensation benefits) from County as a result of the
execution of this Agreement. Contractor shall be solely responsible for its acts and
those of its agents and employees for all acts performed pursuant to this
Agreement Any provisions in this Contract that may appear to give the County the
right to direct contractor as to details of doing work or to exercise a measure of
control over the work mean that Contractor shall follow the direction of the County
as to end results of the work only. The Contractor is obligated to pay all federal and
state income tax on any moneys earned or paid pursuant to this contract.
3
8. Subcontractors. Contractor acknowledges that County has entered into this
Agreement in reliance upon the particular reputation and expertise of Contractor.
Contractor shall not enter into any subcontractor agreements for the completion of
the Work without County's prior written consent, which may be withheld in County's
sole discretion. County shall have the right in its reasonable discretion to approve
all personnel assigned to the Work during the performance of this Agreement and
no personnel to whom County has an objection, in its reasonable discretion, shall
be assigned to the Work. Contractor shall require each subcontractor, as approved
by County and to the extent of the Work to be performed by the subcontractor, to be
bound to Contractor by the terms of this Agreement, and to assume toward
Contractor all the obligations and responsibilities which Contractor, by this
Agreement, assumes toward County. County shall have the right (but not the
obligation) to enforce the provisions of this Agreement against any subcontractor
hired by Contractor and Contractor shall cooperate in such process. The
Contractor shall be responsible for the acts and omissions of its agents, employees,
and subcontractors.
9. Ownership. All work and information obtained by Contractor under this Agreement or
individual work order shall become or remain (as applicable), the property of
County. In addition, all reports, documents, data, plans, drawings, records, and
computer files generated by Contractor in relation to this Agreement and all reports,
test results and all other tangible materials obtained and/or 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.
10. Confidentiality. Confidential information of the Contractor should be transmitted
separately from non -confidential information, clearly denoting in red on the relevant
document at the top the word, "CONFIDENTIAL." However, Contractor is advised
that as a public entity, Weld County must comply with the provisions of the Colorado
Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records,
and cannot guarantee the confidentiality of all documents. Contractor agrees to keep
confidential all of County's confidential information. Contractor agrees not to sell,
assign, distribute, or disclose any such confidential information to any other person
or entity without seeking written permission from the County. Contractor agrees to
advise its employees, agents, and consultants, of the confidential and proprietary
nature of this confidential information and of the restrictions imposed by this
Agreement.
11. Warranty. Contractor warrants that the Work performed under this Agreement will be
performed in a manner consistent with the standards governing such services and
the provisions of this Agreement. Contractor further represents and warrants that all
Work shall be performed by qualified personnel in a professional manner, consistent
with industry standards, and that all services will conform to applicable specifications.
4
For work in which Contractor produces a design to be used for construction purposes,
Contractor shall carefully check all unit quantities and quantity calculations and shall
submit them for County review. If the County experiences additional costs during
project construction which are directly associated with errors and omissions
(professional negligence) which require change orders to the construction contract
resulting in costs greater than the construction contract bid unit costs, Contractor
shall be financially liable for such increased costs.
12. Acceptance of Services 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(s)
furnished under this Agreement shall not in any way relieve Contractor of
responsibility for the quality and accuracy of the project. In no event shall any action
by County hereunder constitute or be construed to be a waiver by County of any
breach of this Agreement or default which may then exist on the part of Contractor,
and County's action or inaction when any such breach or default exists shall not
impair or prejudice any right or remedy available to County with respect to such
breach or default. No assent expressed or implied, to any breach of any one or more
covenants, provisions or conditions of the Agreement shall be deemed or taken to be
a waiver of any other breach. Acceptance by the County of, or payment for, the Work
completed 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.
13. Insurance. Contractor must secure, before the commencement of the Work, the
following insurance covering all operations, goods, and services provided pursuant to
this Agreement, and shall keep the required insurance coverage in force at all times
during the term of the Agreement, or any extension thereof, and during any warranty
period. For all coverages, Contractor's insurer shall waive subrogation rights against
County. Contractor shall provide coverage with limits of liability no less than those
stated below. An excess liability policy or umbrella liability policy may be used to
meet the minimum liability requirements provided that the coverage is written on a
"following form" basis.
Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or
authorized to do business in the state of Colorado and with an "A.M. Best" rating of
not less than A -VII. The County in no way warrants that the above -required
minimum insurer rating is sufficient to protect the Contractor from potential insurer
insolvency.
Required Types of Insurance
Workers' Compensation and Employer's Liability Insurance as required by
state statute, covering all of the Contractor's employees acting within the course
and scope of their employment. The policy shall contain a waiver of subrogation
against the County. This requirement shall not apply when a Contractor or
5
subcontractor is exempt under Colorado Workers' Compensation Act., AND when
such Contractor or subcontractor executes the appropriate sole proprietor waiver
form.
Minimum Limits:
Coverage A (Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 100,000
$ 100,000
$ 500,000
Commercial General Liability Insurance - Occurrence Form
Policy shall include bodily injury, property damage, liability assumed under an Insured
Contract. The policy shall be endorsed to include the following additional insured
language: "Weld County, its subsidiary, parent, elected officials, trustees,
employees, associated and/or affiliated entities, successors, or assigns, agents,
and volunteers shall be named as additional insureds with respect to liability arising
out of the activities performed by, or on behalf of the Contractor."
Such policy shall include Minimum Limits as follows:
General Aggregate $ 1,000,000
Products/Completed Operations Aggregate $ 1,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Automobile Liability Insurance
Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles used
in the performance of this Contract.
Such policy shall maintain Minimum Limits as follows:
Bodily Injury/Property Damage (Each Accident) $ 1,000,000
Professional Liability (Errors and Omissions Liability)
The policy shall cover professional misconduct or lack of ordinary skill for those
positions defined in the Scope of Services of this contract. Contractor shall
maintain limits for all claims covering wrongful acts, errors and/or omissions,
including design errors, if applicable, for damage sustained by reason of or in the
course of operations under this Contract resulting from professional services. In the
event that the professional liability insurance required by this Contract is written on
a claims -made basis, Contractor warrants that any retroactive date under the policy
6
shall precede the effective date of this Contract; and that either continuous
coverage will be maintained, or an extended discovery period will be exercised for a
period of two (2) years beginning at the time work under this Contract is completed.
Minimum Limits:
Per Loss
Aggregate
$ 1,000,000
$ 2,000,000
14. Proof of Insurance. Upon County's request, Contractor shall provide to County, for
examination, a policy, endorsement, or other proof of insurance as determined in
County's sole discretion. Provided information for examination shall be considered
confidential, and as such, shall be deemed not subject to Colorado Open Records
Act (CORA) disclosure.
All insurers must be licensed or approved to do business within the State of Colorado,
and unless otherwise specified, all policies must be written on a per occurrence basis.
The Contractor shall provide the County with a Certificate of Insurance evidencing all
required coverages, before commencing work or entering the County premises.
The Contractor shall furnish the County with certificates of insurance (ACCORD) form
or equivalent approved by the County as required by this Contract. The certificates
for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The Contractor shall name on the Certificate of
Insurance "Weld County, its successors or assigns; its elected officials, employees,
agents, affiliated entities, and volunteers as Additional Insureds" for work that is being
performed by the Contractor.
On insurance policies where Weld County is named as an additional insured, the
County shall be an additional insured to the full limits of liability purchased by the
Contractor even if those limits of liability are in excess of those required by this
Contract.
Each insurance policy required by this Agreement must be in effect at or prior to
commencement of work under this Agreement and remain in effect for the duration
of the project, and for a longer period of time if required by other provisions in this
Agreement. Failure to maintain the insurance policies as required by this
Agreement or to provide evidence of renewal is a material breach of contract.
All certificates and any required endorsement(s) shall be sent directly to the County
Department Representative's Name and Address. The project/contract number and
project description shall be noted on the Certificate of Insurance. The County
reserves the right to require complete, certified copies of all insurance policies
required by this Agreement at any time, and such shall also be deemed
confidential.
7
Any modification or variation from the insurance requirements in this Agreement
shall be made by the County Attorney's Office, whose decision shall be final. Such
action will not require a formal contract amendment but may be made by
administrative action.
15. Additional Insurance Related Requirements. The County requires that all
policies of insurance be written on a primary basis, non-contributory with any other
insurance coverages and/or self-insurance carried by the County.
The Contractor shall advise the County in the event any general aggregate or other
aggregate limits are reduced below the required per occurrence limit. At their own
expense, the Contractor will reinstate the aggregate limits to comply with the
minimum requirements and shall furnish the County with a new certificate of
insurance showing such coverage is in force.
Commercial General Liability Completed Operations coverage must be kept in
effect for up to three (3) years after completion of the project. Contractors
Professional Liability (Errors and Omissions) policy must be kept in effect for up to
three (3) years after completion of the project.
Certificates of insurance shall state that on the policies that the County is required
to be named as an Additional Insured, the insurance carrier shall provide a
minimum of 30 days advance written notice to the County for cancellation, non -
renewal, suspension, voided, or material changes to policies required under this
Agreement. On all other policies, it is the Contractor's responsibility to give the
County 30 days' notice if policies are reduced in coverage or limits, cancelled or
non -renewed. However, in those situations where the insurance carrier refuses to
provide notice to County, the Contractor shall notify County of any cancellation, or
reduction in coverage or limits of any insurance within seven (7) days or receipt of
insurer's notification to that effect.
The Contractor agrees that the insurance requirements specified in this Agreement
do not reduce the liability Contractor has assumed in the indemnification/hold
harmless section of this Agreement.
Failure of the Contractor to fully comply with these requirements during the term of
this Agreement may be considered a material breach of contract and may be cause
for immediate termination of the Agreement at the option of the County. The
County reserves the right to negotiate additional specific insurance requirements at
the time of the contract award.
16. Subcontractor Insurance. Contractor hereby warrants that all subcontractors
providing services under this Agreement have or will have the above -described
insurance prior to their commencement of the Work, or otherwise that they are
covered by the Contractor's policies to the minimum limits as required herein.
8
Contractor agrees to provide proof of insurance for all such subcontractors upon
request by the County.
17. No limitation of Liability. The insurance coverages specified in this Agreement are
the minimum requirements, and these requirements do not decrease or limit the
liability of Contractor. The County in no way warrants that the minimum limits
contained herein are sufficient to protect the Contractor from liabilities that might
arise out of the performance of the Work under by the Contractor, its agents,
representatives, employees, or subcontractors. The Contractor shall assess its
own risks and if it deems appropriate and/or prudent, maintain higher limits and/or
broader coverages. The Contractor is not relieved of any liability or other
obligations assumed or pursuant to the Contract by reason of its failure to obtain or
maintain insurance in sufficient amounts, duration, or types. The Contractor shall
maintain, at its own expense, any additional kinds or amounts of insurance that it
may deem necessary to cover its obligations and liabilities under this Agreement.
18. Certification of Compliance with Insurance Requirements. The Contractor
stipulates that it has met the insurance requirements identified herein. The
Contractor shall be responsible for the professional quality, technical accuracy, and
quantity of all services provided, the timely delivery of said services, and the
coordination of all services rendered by the Contractor and shall, without additional
compensation, promptly remedy and correct any errors, omissions, or other
deficiencies.
19. Mutual Cooperation. The County and Contractor shall cooperate with each other
in the collection of any insurance proceeds which may be payable in the event of
any loss, including the execution and delivery of any proof of loss or other actions
required to effect recovery.
20. Indemnity. The Contractor shall indemnify, hold harmless and, not excluding the
County's right to participate, defend the County, its officers, officials, agents, and
employees, from and against any and all liabilities, claims, actions, damages,
losses, and expenses including without limitation reasonable attorneys' fees and
costs, (hereinafter referred to collectively as "claims") for bodily injury or personal
injury including death, or loss or damage to tangible or intangible property caused,
or alleged to be caused in whole or in part by the negligent or willful acts or
omissions of Contractor or any of its owners, officers, directors, agents, employees
or subcontractors. This indemnity includes any claim or amount arising out of or
recovered under the Workers' Compensation Law or arising out of the failure of
such contractor to conform to any federal, state, or local law, statute, ordinance,
rule, regulation, or court decree. It is the specific intention of the parties that the
County shall, in all instances, except for claims arising solely from the negligent or
willful acts or omissions of the County, be indemnified by Contractor from and
against any and all claims. It is agreed that Contractor will be responsible for
primary loss investigation, defense, and judgment costs where this indemnification
is applicable. In consideration of award of this contract, the Contractor agrees to
9
waive all rights of subrogation against the County, its officers, officials, agents, and
employees for losses arising from the work performed by the Contractor for the
County. The Contractor shall be fully responsible and liable for any and all injuries
or damage received or sustained by any person, persons, or property on account of
its performance under this Agreement or its failure to comply with the provisions of
the Agreement.
A failure of Contractor to comply with these indemnification provisions shall result in
County's right but not the obligation to terminate this Agreement or to pursue any
other lawful remedy.
21. Non -Assignment. Contractor may not assign or transfer this Agreement or any
interest therein or claim thereunder, without the prior written approval of County.
Any attempts by Contractor to assign or transfer its rights hereunder without such
prior approval by County shall, at the option of County, automatically terminate this
Agreement and all rights of Contractor hereunder. Such consent may be granted or
denied at the sole and absolute discretion of County.
22. Examination of Records. To the extent required by law, the Contractor agrees
that an duly authorized representative of County, including the County Auditor, shall
have access to and the right to examine and audit any books, documents, papers
and records of Contractor, involving all matters and/or transactions related to this
Agreement. Contractor agrees to maintain these documents for three years from
the date of the last payment received.
23. 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.
24. Notices. County may designate, prior to commencement of Work, its project
representative ("County Representative") who shall make, within the scope of his or
her authority, all necessary and proper decisions with reference to the project. All
requests for contract interpretations, change orders, and other clarification or
instruction shall be directed to County Representative. All notices or other
communications made by one party to the other conceming the terms and
conditions of this contract shall be deemed delivered under the following
circumstances:
a) personal service by a reputable courier service requiring signature for
receipt; or
b) five (5) days following delivery to the United States Postal Service, postage
prepaid addressed to a party at the address set forth in this contract; or
c) electronic transmission via email at the address set forth below, where a
receipt or acknowledgment is required and received by the sending party; or
10
Either party may change its notice address(es) by written notice to the other. Notice
may be sent to:
TO CONTRACTOR:
Name: Allen Gallogly
Position: President, Oak Environmental, LLC
Address: P.O. Box 1747
Address: Commerce City, CO 80037
E-mail: agallogly@oakenvironmental.net
Phone: 720-219-8356
TO COUNTY:
Name: Adria Schiel
Position: Assistant Weld County Attorney
Address: 1150 O Street
Address: Greeley, CO 80632
E-mail: aschiel@weld.gov
Phone: 970-400-4392
25. Compliance with Law. Contractor shall strictly comply with all applicable federal
and State laws, rules and regulations in effect or hereafter established, including
without limitation, laws applicable to discrimination and unfair employment
practices.
26. 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.
27. Entire Agreement/Modifications. This Agreement including the Exhibits attached
hereto and incorporated herein, contains the entire agreement between the parties
with respect to the subject matter contained in this Agreement. This instrument
supersedes all prior negotiations, representations, and understandings 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.
28. Fund Availability. Financial obligations of the County payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted
and otherwise made available. Execution of this Agreement by County does not
create an obligation on the part of County to expend funds not otherwise
appropriated in each succeeding year.
29. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq.
and §24-50-507. The signatories to this Agreement state that to their knowledge,
11
no employee of Weld County has any personal or beneficial interest whatsoever in
the service or property which is the subject matter of this Agreement.
30. Survival of Termination. The obligations of the parties under this Agreement that
by their nature would continue beyond expiration or termination of this Agreement
(including, without limitation, the warranties, indemnification obligations,
confidentiality and record keeping requirements) shall survive any such expiration
or termination.
31. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, 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.
32. Non -Waiver. The parties hereto understand and agree that the County is relying
on, and does not waive or intend to waive by any provision of this Contract, the
monetary limitations or any other immunities, rights, benefits, and protections,
provided by the Colorado Governmental Immunity Act §§24-10-101 et seq., as from
time to time amended, or otherwise available to the County, its subsidiary,
associated and/or affiliated entities, successors, or assigns; or its elected officials,
employees, agents, and volunteers.
33. 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.
34. Board of County Commissioners of Weld County Approval. This Agreement
shall not be valid until it has been approved by the Board of County Commissioners
of Weld County, Colorado, or its designee.
35. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established
pursuant thereto, shall be applied in the interpretation, execution, and enforcement
of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules and/or regulations shall be null and void. In the
event of a legal dispute between the parties, Contractor agrees that the Weld
County District Court shall have exclusive jurisdiction to resolve said dispute.
36. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and
agrees that it does not knowingly employ or contract with an unauthorized alien who
will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)), nor
enter into a contract with a subcontractor that employs or contracts with an
12
unauthorized alien to perform work under this Agreement. Upon request, contractor
shall deliver to the County a written notarized affirmation that it has examined the
legal work status of an employee and shall comply with all other requirements of
federal or state law, including employment verification requirements contained
within state or federal grants or awards funding public contracts.
Contractor agrees to comply with any reasonable request from the Colorado
Department of Labor and Employment in the course of any investigation.
If Contractor fails to comply with any requirement of this provision, County may
terminate this Agreement for breach, and if so terminated, Contractor shall be liable
for actual and consequential damages.
37. Attorney's Fees/Legal Costs. In the event of a dispute between County and
Contractor concerning this Agreement, the parties agree that each party shall be
responsible for the payment of attorney fees and/or legal costs incurred by or on its
own behalf.
38. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration
by any extra judicial body or person. Any provision to the contrary in this Agreement
or incorporated herein by reference shall be null and void.
Acknowledgment. County and Contractor acknowledge that each has read this
Agreement, understands it and agrees to be bound by its terms. Both parties further
agree that this Agreement, with the attached Exhibits, is the complete and exclusive
statement of agreement between the parties and supersedes all proposals or prior
agreements, oral or written, and any other communications between the parties
relating to the subject matter of this Agreement.
CONTRACTOR:
"Vito l'aig,fft.
By: Allen Gallogly
Name: Oak Environmental, LLC
Title: President
02/27/2025
Date of Signature
WELD CO ���,,��,,//
ATTEST: sue'. •idui•&k. BOARD OF COUNTY COMMISSIONERS
Weld C•unty Clerk to the Board W"!
BY:
Deputy Clerk to the Board
COUNTY, COLORADO
MAR 1 7 2025
I oz5-a12q
onenvironmentai
Oak Environmental, LLC
P.O. Box 1747
Commerce City, CO 80037
•_. _ �_. _. �_ K __ .. ....
_••
PROPOSAL
_. ^-12.e.no _ .
Proposal Agreement to Perform Property Cleanup at 3716 Yosemite Drive, Greeley
Date
February 11, 2025
Services Location:
Property Cleanup
3716 Yosemite Drive
Greeley, CO 80634
Services Performed For:
Weld County Attorney's Office
1150 "0" Street
Greeley, CO 80631
Oak Environmental, LLC (Oak Environmental) is pleased to provide this proposal. We have prepared this submittal as an
indication of our commitment and ability to provide our professional services. This proposal is based on the information
provided to Oak Environmental. This work will be done ASAP because the property poses a hazard to the community.
All work performed by Oak Environmental will be performed in accordance with written procedures, and all applicable laws,
rules and regulations, in accordance with the U. S. Environmenta Protection Agency (USEPA), the U. S. Occupational Safety
and Health Administration (OSHA) and the Colorado Department of Public Health & Environment (CDPHE).
Period of Performance
The Services shall commence on TBD and shall continue through TBD unless an alternative start and finish date are agreed
upon. The work is expected to take no longer than three workdays.
Scope of Work
Oak Environmental will remove and dispose of the trash and debris in front of the property (shown below). Oak will also
remove the dead tree located on the west side of the property.
It is assumed that the two RV's will be removed before we start our work.
EXHIBIT A
Proposal for fF e d County Aziot ev's- Offi t.-: ' Februag 11.2025
I
oarenvironmentai
Contractor Responsibilities
PROPOSAL
Employees and management at Oak Environmental are expected to uphold the highest standards for health and safety
performance. Oak Environmental has developed a comprehensive safety plan that outlines the conduct of all personnel on the
project. All subcontractors associated with the project are required to comply with the health and safety goals and performance
of this plan.
The following summarizes these objectives and the successful themes of the project's approach:
• Safety (primarily, provide a safe working environment)
• Mork together as a successful team
• Operate in a professional manner and maintain a clean site
Proposal for iY ��1�� County Attotwg 's Februag 11.2025 2
oakenvironmentai
Assumptions
• One Mobilization
• Work hours will be from 7:00am to 5:30pm.
• The RVs will be removed before work begins.
• Client will provide safe access to the site.
• Client will assure the property is vacated.
Inclusions
• Labor
• Materials
• Equipment
• Removal of trash (front) and dead tree
• Transportation of waste to Landfill
• Disposal Costs
Exclusions:
PROPOSAL
• Abatement of asbestos containing materials or hazardous waste.
• Replacement of any materials or contents disposed of, unless specifically noted otherwise.
• Work in/on the home or the back yard (that will be in a separate bid).
Fee Schedule
This engagement will be conducted on a Lump Sum basis. The total value for the Services pursuant to this Proposal shall not
exceed the amount below unless otherwise agreed to by both parties via the project change order.
Item
Description
Dollar
Amount
Property Cleanup
Removal
of
trash
and
debris
from
the
front
and
tree
removal
$7,200.00
Six Thousand
eight
hundred
dollars
Total
$7,200.00
Bill To Address
Client Project Manager
1.130 "0" Street
Greeley, CO 80631
Adria Schiel
Proposal for [Feld Co! niv l t ottre)°'s Office • Febtwao, 11. 2025
orenvironmentai
PROPOSAL
IN WITNESS WHEREOF, the parties hereto have caused this SOW to be effective as of the day, month and year first
written above.
By:
Name:
Title:
Weld County Attorney's Office
Kin McDougal
Deputy Weld County Attorney
Oak Environmental, LLC
By: 4
Name: Allen Gallo
Title: President
Proposal for (Feld Catin0 At of g's Office ' Feb uag 11, 2025 4
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