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HomeMy WebLinkAbout20222710.tiffCalimcfnaras2.3 September 20, 2022 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: 822 7' Street Asbestos Abatement The supply and return air fans at the 822 7th Street building are being replaced. The existing sealant around the fan boots tested positive for asbestos and requires removal by a certified asbestos removal company. Xtract Environmental Services provided the low bid for this service at $4,418.01. Facilities Department is recommending approving this contract in amount of $4,418.01 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director c,oney\A-Rcseincos,-- 09/2U/7,2, &it)it-454--eJ(.6 9// 2022-2710 BcZ4 DocuSign Envelope ID: DE7EBF44-2C07-486C-9C0C-657777CF92B6 SERVICE AGREEMENT BETWEEN WELD COUNTY AND XTRACT ENVIRONMENTAL SERVICES 822 7Tx STREET JOY FANS ASBESTOS ABATEMENT THIS AGREEMENT is made and entered into thisjtlthday of September , 202, by and between the Board of Weld County Commissioners, on behalf of Facilities Department, hereinafter referred to as "County," and Xtract Environmental Services, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibit; 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 equipment, materials and 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 Exhibit, 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 Exhibit, 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 Contractor's Response to County's Request. 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 Exhibit. 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 ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit 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. DocuSign Envelope ID: DE7EBF44-2C07-486C-9C0C-657777CF92B6 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. 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 completed or partially completed Work 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. 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. 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 $4,418.01 as set forth in the Exhibit. No payment in excess of that set forth in the Exhibit will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination 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 return 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 Exhibit, 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 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 2 DocuSign Envelope ID: DE7EBF44-2C07-486C-9C0C-657777CF92B6 for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 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. 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. 10. 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. 11. 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. a. Types of Insurance. Workers' Compensation / 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 3 DocuSign Envelope ID: DE7EBF44-2C07-486C-9C0C-657777CF92B6 requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. b. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, its elected officials, and its employees as an additional named insured. c. 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. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 4 DocuSign Envelope ID: DE7EBF44-2C07-486C-9C0C-657777CF92B6 d. 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. 12. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. 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. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 13. 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. 14. 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. 15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 16. Notices. All notices or other communications made by one party to the other 5 DocuSign Envelope ID: DE7EBF44-2C07-486C-9C0C-657777CF92B6 concerning 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 Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Cody Gordon Position: Address: 903 5th Street Address: Greeley, CO. 80634 E-mail: cody@xtracts.com Phone: 970-282-4333 TO COUNTY: Name: Toby Taylor Position: Facilities Director Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@weldgov.com Phone: 970-400-2021 17. 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. 18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 19. Entire Agreement/Modifications. This Agreement including the Exhibit 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. 20. 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. 6 DocuSign Envelope ID: DE7EBF44-2C07-486C-9C0C-657777CF92B6 21. 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, 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. 22. 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. 23. 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. 24. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. 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. 27. 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. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall 7 DocuSign Envelope ID: DE7EBF44-2C07-486C-9C0C-657777CF92B6 not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the subcontract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. 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. 30. 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 Exhibit, 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. DocuSign Envelope ID: DE7EBF44-2C07-486C-9C0C-657777CF92B6 CONTRACTOR: Xtract Environmental Services By: Name:8e8'r'erarf... Title: President 9/20/2022 Date of Signature WELD COC1 tr. JK ` �& ATTEST: �1 ra�� BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WEED COUNTY, COLORADO 9 Scott K. James Chair SEP 2 6 2022 j -' - 027/D DocuSign Envelope ID: 3E836A6D-0F39-4F9A-A23B-F970FC26C969 Exhibit A Xtract Environmental Services 903 5th St. Greeley, CO 80634 970-282-4333 EIN -83-3426832 Client: Will Hopkins Property: 822 7th St Greeley, CO 80631 Operator: CODY Estimator: Cody Gordon Business: (970) 818-7860 Company: Xtract Environmental Services E-mail: Cody@xtractes.com Type of Estimate: Other Date Entered: 9/2/2022 Date Est. Completed: 9/2/2022 Date Assigned: Date Job Completed: Price List: COFC8X_SEP22 Labor Efficiency: Restoration/Service/Remodel Estimate: WILL_HOPKINS Permitting A state permit is subject to an 11 day processing period from the time the application is submitted. If you agree to this estimate and would like to move forward, please notify us so that see can send over the applicable paperwork to get this process started. This paperwork typically comes via DocuSign for an easy digital signature. *Emergency waivers are available to reduce this processing period in the event of a water loss, fire loss, or asbestos spill resulting in the concern of a health hazard. PROJECT SET-UP We must have electricity and running water through the duration of the project. *Please notify us if either of these aren't available so we can adjust and provide it. STAGE 1 Pre -Clean All unaffected contents of the property will be removed from the abatement area. Our team will wet wipe and HEPA vacuum all surfaces that are not being removed to ensure the integrity of our containment when adhering to said surfaces. *Please remove any pictures, art, collectibles, and small items from the abatement area prior to our arrival. Our crew is happy to assist with any large or bulky items once we are on -site. STAGE 2 Containment Setup Decontamination chambers are constructed to ensure our team enters and exits the regulated/abatement area safely. They consist of five 3'x3' pop-up chambers one of which is a portable shower that is connect to a portable water heater and water filtration system that ensures clean water is drained into the sewage system. This "Decon" are will consume a 10'x10' area outside of the regulated/abatement area. Our team will then install critical barriers (6 mil poly) over every window, opening, and vent within the regulated/abatement area. Once we have an airtight seal, negative air machines are installed and vented to the outside to create a negative pressure within the regulated/abatement area so that if there were to be a breach in the containment that no contaminants would escape. The air being exhausted to the outside has been filtered through a HEPA filtration system within the negative air machines and is clean. The negative pressure is measured by a manometer on -site. The team will then beginning protecting all surfaces that are not to be removed by installing one layer of certified 6mi1 poly on the floor, installing one layer of certified 4mi1 on the walls, adding an additional layer of certified 6mil on the floor, adding an additional layer of certified 4mil on the walls, and then a final layer of certified 4mi1 on the ceiling. The two layers on the floor and the two layers on the walls are DocuSign Envelope ID: 3E836A6D-OF39-4F9A-A23B-F970FC26C969 Xtract Environmental Services 903 5th St. Greeley, CO 80634 970-282-4333 EIN -83-3426832 woven together overlapping 12" to create a watertight seal. STAGE 3 Gross Removal The surfaces that are included in the abatement scope of work are ready to be removed. Throughout the removal, this material will be properly bagged into 6mi1 asbestos bags, sprayed with amended water until antiquated wet, sealed shut with tape, bagged and sealed a second time and transported through our waste load -out chambers within our decon chambers. This waste is either placed in our trailer or an on -site dempster to be transported to a regulated area at the landfill. STAGE 4 Final Clean Once all the ACM (asbestos containing material) has been removed, our team will will begin cleaning. This includes a detailed HEPA vacuuming and wet wiping all surfaces within the regulated/abatement area. Then the removal of the layer of poly on the ceiling, then the first layer of poly on the walls, then the first layer of poly on the floors while simultaneously continuing to HEPA vacuum and wet wipe. The team repeat that process per layer of poly bagging and disposing of all of the poly as ACM waste. After all the poly has been removed, with the exception of the critical barriers, all surfaces are thoroughly cleaned again using the same HEPA vacuuming and wet wipe methods. STAGE 5 Final Air Clearance Final air clearances are completed by a third -party Certified Industrial Hygienist. The Hygienist enters into the containment area, completes a visual inspection to ensure that the removal was conducted properly and then uses a leaf blower to agitate the air. They then collects air samples within the regulated/abatement area using pumps and cassettes that they set up. The Hygienist then uses a microscope on -site to read the samples collected and determine if the area has been sufficiently cleaned. NO asbestos fibers can be present for them to pass the inspection. STAGE 6 Demobilization Upon receiving passing clearance results, all of the decontamination chamber equipment is de -constructed, negative air machines are sealed and shut off, critical barriers are removed and bagged for waste, and everything is loaded into our trailer. The work site will be left clear of any material, waste, equipment, etc. produced/provided by our team. We like to coordinate this timing with our customers so they are present to certify the project was completed to their full satisfaction. ADDITIONAL DAMAGE DISCLOSURE Building containment in accordance to state regulation may require us to adhere to some finished surfaces which may result cosmetic damages to the adhered to surfaces. This includes tape, spray glue and staples. *Xtract Environmental Services will take every precaution possible within reason to prevent collateral damages to the surfaces that have been adhered to according to the state requirements, BUT Xtract Environmental Services is not responsible for any said damages that may result from the adhesive/fastening to said surfaces. XATIMATE ESTIMATION SOFTWARE *All prices are used directly from Xactimate when available, and they include standard removal prices only. The containment process varies depending on contamination factors and the ACM debris removal requirements. Please Note: Line items that read (no haul off) are standard verbiage within the Xactimate pricing software. We will ALWAYS dispose of the hazardous waste we produce during an abatement and those costs are reflected on the line item that reads "Hazardous Waste Hauling & Disposal". WILL_HOPKINS 9/2/2022 Page: 2 DocuSign Envelope ID: 3E836A6D-0F39-4F9A-A238-F970FC26C969 Xtract Environmental Services 903 5th St. Greeley, CO 80634 970-282-4333 EIN - 83-3426832 WILL_HOPKINS Main Level Main Level DESCRIPTION QTY REMOVE REPLACE TAX TOTAL 1. Hazardous Waste/Mold Cleaning- 16.00 HR INCLUDED Supervisory/Admin- per hour 2. Add for personal protective 16.00 EA 0.00 13.42 5.97 220.69 equipment (hazardous cleanup) 3. Respirator cartridge - HEPA only 3.00 EA 0.00 18.03 1.57 55.66 (per pair) 4. Hazardous waste hauling & disposal 2.00 EA 0.00 50.07 0.00 100.14 - (Bid Item) Total: Main Level 12 S DESCRIPTION 7.54 376.49 Fan 1 Height: 8' 353.33 SF Walls 474.33 SF Walls & Ceiling 13.44 SY Flooring 44.17 LF Ceil. Perimeter QTY REMOVE REPLACE 121.00 SF Ceiling 121.00 SF Floor 44.17 LF Floor Perimeter TAX TOTAL 5. Containment Barrier/Airlock/Decon. Chamber 6. Hazardous Material Remediation (Bid Item) 7. HEPA Vacuuming - Light - (PER SF) 8. Clean the walls and ceiling 474.33 SF 2.00 HR 474.33 SF 474.33 SF 0.00 0.90 2.20 0.00 46.29 0.00 0.00 0.43 0.00 0.00 0.60 0.14 429.10 92.58 203.96 284.74 Totals: Fan 1 12 WILL_HOPKINS 2.34 1,010.38 Fan 4 Height: 8' 353.33 SF Walls 474.33 SF Walls & Ceiling 13.44 SY Flooring 44.17 LF Ceil. Perimeter 121.00 SF Ceiling 121.00 SF Floor 44.17 LF Floor Perimeter 9/2/2022 Page: 3 DocuSign Envelope ID: 3E836A6D-0F39-4F9A-6238-F970FC26C969 iQ DESCRIPTION Xtract Environmental Services 903 5th St. Greeley, CO 80634 970-282-4333 EIN -83-3426832 CONTINUED - Fan 4 QTY REMOVE REPLACE TAX TOTAL 9. Containment Barrier/Airlock/Decon. Chamber 10. Hazardous Material Remediation (Bid Item) 11. HEPA Vacuuming - Light - (PER SF) 12. Clean the walls and ceiling 474.33 SF 2.00 HR 474.33 SF 474.33 SF 0.00 0.90 2.20 0.00 46.29 0.00 0.00 0.43 0.00 0.00 0.60 0.14 429.10 92.58 203.96 284.74 Totals: Fan 4 12 R DESCRIPTION 2.34 1,010.38 Fan 3 Height: 8' 353.33 SF Walls 474.33 SF Walls & Ceiling 13.44 SY Flooring 44.17 LF Ceil. Perimeter QTY REMOVE REPLACE 121.00 SF Ceiling 121.00 SF Floor 44.17 LF Floor Perimeter TAX TOTAL 13. Containment Barrier/Airlock/Decon. Chamber 14. Hazardous Material Remediation (Bid Item) 15. HEPA Vacuuming - Light - (PER SF) 16. Clean the walls and ceiling 474.33 SF 2.00 HR 474.33 SF 474.33 SF 0.00 0.90 2.20 0.00 46.29 0.00 0.00 0.43 0.00 0.00 0.60 0.14 429.10 92.58 203.96 284.74 Totals: Fan 3 R Fan 2 DESCRIPTION 2.34 1,010.38 Fan 2 Height: 8' 353.33 SF Walls 474.33 SF Walls & Ceiling 13.44 SY Flooring 44.17 LF Ceil. Perimeter QTY REMOVE REPLACE 121.00 SF Ceiling 121.00 SF Floor 44.17 LF Floor Perimeter TAX TOTAL 17. Containment Barrier/Airlock/Decon. Chamber WILL_HOPKINS 474.33 SF 0.00 0.90 2.20 429.10 9/2/2022 Page: 4 DocuSign Envelope ID: 3E836A6D-0F39-4F9A-A23B-F970FC26C969 Xtract Environmental Services 903 5th St. Greeley, CO 80634 970-282-4333 EIN - 83-3426832 CONTINUED - Fan 2 DESCRIPTION QTY REMOVE REPLACE TAX TOTAL 18. Hazardous Material Remediation 2.00 HR (Bid Item) 19. HEPA Vacuuming - Light - (PER 474.33 SF SF) 20. Clean the walls and ceiling 474.33 SF 0.00 46.29 0.00 0.00 0.43 0.00 0.00 0.60 0.14 92.58 203.96 284.74 Totals: Fan 2 2.34 1,010.38 Total: Main Level 16.90 4,418.01 Line Item Totals: WILL_HOPKINS Grand Total Areas: 1,413.33 SF Walls 484.00 SF Floor 0.00 SF Long Wall 484.00 Floor Area 1,686.00 Exterior Wall Area 0.00 Surface Area 484.00 SF Ceiling 53.78 SY Flooring 0.00 SF Short Wall 544.67 Total Area 187.33 Exterior Perimeter of Walls 16.90 4,418.01 1,897.33 SF Walls and Ceiling 176.67 LF Floor Perimeter 176.67 LF Ceil. Perimeter 1,413.33 Interior Wall Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 Total Ridge Length 0.00 Total Hip Length WILL_HOPKINS 9/2/2022 Page: 5 DocuSign Envelope ID: 3E836A6D-0F39-4F9A-A23B-F970FC26C969 Xtract Environmental Services 903 5th St. Greeley, CO 80634 970-282-4333 EIN - 83-3426832 Summary Line Item Total Material Sales Tax Replacement Cost Value Net Claim E-DocuSiyned by: a§telvSA74E7 WILL_HOPKINS 4,401.11 16.90 $4,418.01 $4,418.01 9/2/2022 Page: 6 DocuSign vel Envelope ID: 3E836A6D-0F39-4F9A-A23B-F970FC26C969 Main Le 12 R Fan 1 0 1 12 12 Fan 4 12 R Fan 3 12 12 Fan2 ir WILL_HOPKINS Main Level 9/2/2022 Page: 7 ACORO® Policy Number: CERTIFICATE OF LIABILITY INSURANCE Date Entered: 9/14/2022 DATE (MM/DO/YYYY) 9/14/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ainslie Insurance Agency, Inc. 4239 Centerplace Drive, Unit 2A Greeley, CO 80634 CONTACTMichael P. Ainslie NAME: a/cAL,E,tt): (970)395-2425 jac,No): (970)672-1414 ADDREss: mains1ie@bickne11insurance . com INSURER(S) AFFORDING COVERAGE NAIL i/ INSURER A: National Indemnity Insurance INSURED Xtract Environmental Services, LLC Mr. Cody Gordon 903 5th Street Greeley, CO 80631 INSURER B: Westchester Surplus Lines INsuRERc:Homeland Ins. Company INsuRER D : Pinnacol Assurance INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TM TYPE OF INSURANCE ADDL SUBR'' POLICY NUMBER INSD WVD ' POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS B COMMERCIAL GENERAL LIABILITY ICLAIMS -MADE [X OCCUR ' 6715501140-004 ''.. 3/12/2022 3/12/2023 EACH OCCURRENCE pREMSESO(EaoccurrDence) $1,000,000 $ 50,000 MED EXP (Any one person) $ 10 , 000 PERSONAL & ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE $ 2 , 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: X POUCH ❑ JECT PRO FLOC OTHER: PRODUCTS - comp/op AGG $ 2 , 000 , 000 $ A AUTOMOBILE LIABILITY ANYAUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED / \ AUTOS NON -OWNED AUTOS ONLY 70 APS 089832-03 10/14/2021 10/14/2022 COMBINED SINGLE LIMIT accident) $ 1 , 000 , 000 $ $ BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ C UMBRELLA LIAR X EXCESS LIAB X OCCUR CLAIMS -MADE 7930099410003 03/12/2022 03/12/2023 EACH OCCURRENCE $ 2 , 000 , 000 AGGREGATE $2,000,000 $ DED I RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/ME T EXCLUDED? ❑ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below - N / A 4215752 3/1/2022 3/1/2023 X I STATUTE I I EORH E.L. EACH ACCIDENT - --- E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $1,000,000 - - $ 1 , 000 , 000 $ 1 , 000 , 000 B Pollution liability G71501140 003 03/12/2022 03/12/2023 Occurence Aggregate 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder and others, where required by written contract, are Additional Insureds on the Named Insureds general liaiblity insurance policy, subject to the terms and conditions of endorsements CG 2010 0413 & CG 2037 0413, copies attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County Government 1105 H Street Greeley, CO 80632 AUTHORIZED REPRESENTATIVE f� - _ -e `�LLG me p.Aw.deee I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form New Contract Request Entity Information Entity Name* XTRACT ENVIRONMENTAL SERVICES LLC Contract Name* 822 7TH STREET ASBESTOS ABATEMENT Contract Status CTB REVIEW Entity ID. g,00046105 ❑ New Entity? Contract ID 6363 Contract Lead* SGEESAMAN Contract Lead Email sgeesaman co.weld.co.us Contract Description* ASBESTOS ABATEMENT ON THE SUPPLY & RETURN FANS BEING REPLACED. Contract Description 2 Contract Type* CONTRACT Amount* $4,418.01 Renewable. NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGroundssFweldgov.c om Department Head Email CM-BuildingGrounds- DeptHeadv«,veldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORNEYSPWELDG OV.COM Requested BOCC Agenda Date* 09 28, 2022 Parent Contract ID Requires Board Approval YES Department Project Due Date 09:24 2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date* 12 01 2022 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date* 12 01 2022 Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TOBY TAYLOR DH Approved Date 09/20/2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09 26,2022 Originator SGEESAMAN Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 09/20!2022 09 22 2022 Tyler Ref It AG 092622 Hello