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HomeMy WebLinkAboutWALSH - CONTRACT - RFP - P818 ENVIRONMENTAL SERVICESSERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and WALSH ENVIRONMENTAL SCIENTISTS AND ENGINEERS, LLC, hereinafter referred to as "Service Provider". W ITN ESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for Environmental Services as set forth in Exhibit "B", consisting of three (3) pages, and incorporated herein by this reference. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1) page, and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No workorder shall exceed $50,000. The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services 1 WOSA 10/97 g. Advise the City on issues associated with the use and release of petroleum fuels, chlorinated solvents, PCBs, metals, and other constituents that may represent a threat to human health and the environment. 2. Remedial Technology Selection and Implementation The Professional will work with the City to: a. Evaluate the impact of environmental releases of hazardous substances or petroleum products on soil and in groundwater. b. Determine the technologies that would be applicable to mitigate the concerns caused by release of hazardous substances or petroleum products. C. Design, implement, and/or manage environmental remediation projects, including excavation and disposal, in -situ treatment of soil and groundwater, vapor extraction, bioventing, groundwater pump -and -treat projects, and intrinsic remediation technologies. These services are to include obtaining any necessary regulatory agency approvals. d. Prepare necessary reports and submittals, both for the City and for any other relevant regulatory or public agency. e. Excavate and contain hazardous and non -hazardous contaminated materials. f. Collect and/or treat contaminated water. g. Provide post -cleanup site assessment, following appropriate site closure procedures. 3. Ecological Assessment and Permitting The Professional will work with the City to: a. Design and conduct assessments of the impact of various programs (i.e., road construction) on ecological receptors such as riverine and wetland environment and terrestrial habitats. b. Advise the City in matters associated with environmental permits (i.e. 404 permit for wetland activity), including the preparation and submittal of such permits. C. Advise the City in matters associated with projects to improve, manage, and develop habitat. d. Design site revegetation and restoration projects. e. Conduct assessments of threatened and endangered species. 2 4. Voluntary Cleanup The Professional will work with the City to evaluate the applicability of voluntary cleanup regulations or policies for City properties, or properties of interest to the City, and prepare the plans required to implement such actions. 5. Environmental Auditing The Professional will work with the City to: a. Design and conduct audit programs needed to assess activities and services, and assure environmental compliance. b. Develop specific protocols for auditing environmental, health, and safety compliance and related issues. C. Provide and report on specific environmental, health, and safety compliance assessments. 6. Human Health Risk Assessment The Professional will work with the City to design, review, and/or perform work plans for ecological and human health risk assessments. 7. Air Permitting, Monitoring Modeling and Compliance The Professional will work with the City to: a. Develop and prepare air permits. b. Perform air monitoring, record keeping, and reporting. Prepare routine and special reports of air quality data. C. Advise the City on implications of pending or proposed federal, state, regional, or local air quality laws, regulations, ordinances, and standards. Advise and assist in the development or review of risk management plans for responding to the accidental release of regulated substances. e. Prepare air hazard assessment regarding release scenarios, zones of impact, identification of impacted receptors. EXHIBIT "C" Proposal Section Three: Fees and Costs 1.A General Labor and Direct Costs WALSH is aware of the importance of cost control to the City, and we are experienced in cost -control measures for similar general environmental service contracts. WALSH is offering the services of its Program Manager, Dr. Hal Stuber, at a rate of $90.00/hour, a substantial reduction from both his standard rate ($135.00/hr) and competitive rates for comparable qualifications and expertise. This cost savings on Dr. Stuber's hourly rate continues a commitment WALH made in 1996 to provide a reduction on our Program Manager's rate for the City of Fort Collins. We were able to maintain the same reduced rate, without any incremental raises, during the entire 5 years of our work for the City. WALSH is also offering to provide mobilization of WALSH personnel and equipment from Boulder to Fort Collins at no charge to the City. This is also a continuation of an offer we made to the City for our work under the General Environmental Services Contract from 1997 to the present. Consistent with our commitment to provide timely and efficient service to the City, WALSH opened an office in Fort Collins in June of 2001. WALSH's Fort Collins office is currently staffed with two full-time environmental professionals, adding to our ability to serve the City. We believe these proposed staff and travel cost control measures are consistent with our commitment to provide the City with the best possible technical expertise at the lowest cost. Although the most important cost savings on environmental projects result from innovative solutions and knowledgeable, expert consulting, these cost -saving measures can help the City meet its budgetary goals. WALSH believes these measures will be especially useful to the City on the numerous, smaller -scale projects which we anticipate under the General Environmental Services Contract. The following sections detail our personnel and significant other direct costs. General Labor and Direct Costs And Description of Billing Categories Labor Category Description Levels, Rates and Named Personnel Clerical Support Clerical project support including word I $35 processing, proofreading, formatting II $40 documents, handling communications, etc. III $45 Technical Technical project support including research, I $50 Assistant data gathering, technical editing and document II $55 (Walmsley) management. Also CADD/GIS. III $60 IV $80 Groth) Technician or Technical field staff and construction staff. All I $45 Construction levels of experience, up to Construction II $50 (Vicory, Putnam) Manager Manager, who is responsible for on -site III $55 (Webster) management of construction subcontractors. IV $65 V $80 Staff Scientist Technical staff, generally 0-5 years experience I $50 or Engineer level. Performs technical project work such as II $55 (Gerow, Hicks*) remedial design, data analysis, regulatory III-1 $60 (Lahham) research, permit applications, etc... Higher III-2 $65 (Secondo, Delano*) levels represent any or all of the following: IV-1 $70 (Dauzvardis, engineering degree, greater professional Crandall, Stewart) experience, and/or advanced degree. W-2 $80 (Bailey*, Groth Project Manager Technical staff, generally 3-7 years experience V-1 $85 (Ash, O'Shea -Stone, and Scientist level. Performs technical project work Sanders, German, requiring high levels of professional expertise. Briceno) Higher levels represent any or all of the V-2 $95 (Breyer) following: engineering degree, greater VI-1 $105 (Gebhart*, Barnard, professional experience, and/or advanced Tarasar, Mach) degree. VI-2 $115 (Baltzer) Senior Scientist, Experienced technical consultant with high VII-1 $125 (Crockett, Gurnee, Senior Project technical proficiency and expertise. May Hudson, Spencer) Manager manage projects an/or supervise project staff of VII-2 $135 (Cowart) scientists, engineers, and consultants. Generally 7 or more years experience. Program Provides leadership and direction of project VII-2 $4-35 $90 (Stuber) Manager technical work. Responsible for interface with client on technical and administrative project WALSH continues to offer the issues. Manager -level at 5+ years experience. services of our Program Manager, Senior Manager -level at 10+ years experience. Hal Stuber, at a reduced rate to assist the City with maintaining an excellent program at a very reasonable cost. Senior Highly experienced technical consultant. VIII $140 (Freeman) Consultant Represents extremely high technical proficiency or national/intemational recognition of expertise. *WALSH has included a 10% handling charge to the billing rate for our subcontractors on this contract. Other Direct Costs Equipment: I Sampling Supplies: Transportable Field Phone $ 25/day Infrared Dust Monitor $ 35/day Mobile Laboratory $1000/day Air Sampling Kit $ 25/day Giddings Drill Rig $275/day Water Sampling Kit $ 25/day 4WD Vehicle $75/day + $.50/mi Field Supplies Kit $ 25/kit Geoprobe $40/hour Small Jar $ 3/jar Air Sparge/Vapor Extraction Disposable Bailers $ 10/bailer Pilot System $150/day Disposable Bailers (weighted) $ 13/bailer SpargeNES Blower $400/week Instruments: Personal Protection Equipment: Data Logger $115/day Tyvek $ 8/each Photo -ionization Detector $ 75/day Inner Gloves $ 2/each Oil Water Interface Probe $ 50/day Outer Gloves $ 4/each Surveying Equipment $ 50/day Booties $ 8/each Explosimeter $ 25/day Combustible Gas Indicator/ Computers: Oxygen Meter $ 50/day Ground Water Pump $ 25/day GIS or Modeling $ 20/hour pH Meter $ 10/day B&W Plots (8.5xl1) $ 5/plot Two-way Radio (pair) $ 10/day B&W Plots (l 1x17) $ 8/plot Solinst $ 15/day Color Plots (8.5x11) $ 10/plot Color Plots (I I x 17) $15/plot Other: Camera, Film, Processing $ 25/roll Personal Local Mileage $0.345/mile NOTES: 1. A 15% service charge will be added to all other direct costs (ODCs) with the exception of WALSH expenses generated in-house. Examples include shipping, project specific equipment, equipment rental, telephone and fax, special permits and fees. 2. Subcontractors (including ARS) will be billed at cost plus 10%. 3. Preparation for deposition/testimony is billed at 1.5 times normal rates. 1.11 Specific Scope of Services Costs 1. Environmental Assessment and Investigation 2. Remedial Technology Selection and Implementation 3. Ecological Assessment and Permitting 4. Voluntary Cleanup and Brownfield Consulting 5. Human Health and Ecological Risk Assessment 6. Environmental Auditing 7. Air Permitting, Monitoring, Modeling, and Compliance Because these tasks are our core business, the rates in Section 3A include most costs associated with providing the listed services. Additional costs will include drilling and laboratory services, which we will bill at cost + 10%. We have included rate sheets from Paragon Analytics on the following pages. 1.0 Other Costs Should the City choose to contract with WALSH outside the scope of the RFP, such as the services described in Section 2.A.2, we will provide these services at the same rates previously described. 9 PARAGON ANALYTICS, INC. Routine Minimum Sample Container Holding PARAMETER ORGANIC MATRIX METHOD price IAI Ouantl4( Iyp4 Preserv. Thin COMPOUNDS by GCMMS VOCs w/TICS (VOCs & SVOCs) Water EPA 8260B / 524.2 / 624 $175 24 Hrs 3x 40 mL VOA HCI or Cold 7 or 14 Days VOCs w/Tlca Soil EPA 8260B $175 24 Hrs 4 oz. Glass Cold 14 Days SVOCs w/71cs Water EPA 8270C $275 72 Hrs 2 liters Amber Glass Cold 7 Days SVOCS w/ncs Soil EPA 8270C $275 72 Hrs 4 oz. Glass Cold 14 Days CLP V0csand/orsV0,Cs By Request EPA CLPSOW $195/$300 FUELS BTEX only Water EPA 8021 B $50 24 Hrs 3x 40 mL VOA HCI 7 or 14 Days BTEX only Soil EPA 8021 B $50 24 Hrs 4 oz. Glass Cold 14 Days TVPH as Gasoline Water EPA 8015M $50 24 Hrs 3x 40 mL VOA HCl 7 or 14 Days TVPH as Gasoline Soil EPA 8015M $50 24 Hrs 4 oz. Glass Cold 14 Days TVPH as Gasoline & BTEX Water EPA 8015M & 8021B $65 24 Hrs 3x 40 mL VOA HCI 7 or 14 Days TVPH as Gasoline & BTEX Soil EPA 8015M & 80218 $65 24 Hrs 4 oz. Glass Cold 14 Days TEPH as Diesel Water EPA 8015M $60 24 Hrs 2 x 500 Amber Glas, HCI 7 or 14 Days TEPH as Diesel Soil EPA 8015M $60 24 Hrs 4 oz. Glass Cold 14 Days Oil and Grease - Freon Extractable By Request - - Oil and Grease Water EPA 9070 $50 24 Hrs 2 Liter Amber Glas,. HCl 28 Days Oil and Grease Solid EPA 9071 A $50 24 Hrs 4 oz. Amber Glass Cold 28 Days TRPH - Hexane Extractable Water EPA 1664 $65 24 Hrs 2 x 250 Amber Glass HCI 28 Days TRPH - Hexane Extractable Solid EPA 9071 A $65 24 Hrs 4 oz. Amber Glas, Cold 28 Days TRPH - Freon Extractable By Request - - PESTICIDES / HERBICIDES / PCBs / Organochlodne Pe8VPCBs MISCELLANEOUS Water ORGANIC COMPOUND EPA 8081 A . $145 48 Hrs 2 Liter Amber Glas, Cold 7 Days Organochlorine PssVPCBs Soil EPA 8081 A ' $145 48 Hrs 8 oz. Glass Cold 14 Days PCBs Only Water EPA 8081 A or 8082 $110 48 Hrs 2 Liter Amber Glass Cold 7 Days PCBs Only Soil EPA 8081 A or 8082 $110 48 Hrs 8 oz. Glass Cold 14 Days Organophosphorus Pesticides Water EPA 8141A' $180 48 Hrs 2 Liter Amber Glass. Cold 7 Days Organophosphorus Pesticides Soil EPA 8141A' $180 48 Hrs 8 oz. Glass Cold 14 Days Chlorinated Herbicides Water EPA 8151A / 615 $175 72 Hrs 2 Liter Amber Gloss Cold 7 Days Chlorinated Herbicides Soil EPA 8151A / 615 $175 96 Hrs 8 oz. Glass Cold 14 Days EDB Water EPA 504.1 / 8011 $80 48 Hrs 3x 40 mL VOA Ha/N023203.cad 7 or 14 Days EDB and DBCP Water EPA 504.1 / 8011 $100 48 Hrs 3x 40 mL VOA Ha/N.M03.cad 7 or 14 Days PNAs (a.k.a.Mal Water EPA 8310' $160 48 Hrs 1 liter Amber Glass Cold 7 Days PNAs (a.k.a.Mal Soil EPA 8310' $160 96 Hrs 4 oz. Glass Cold 14 Days SDWA (500 Series) and CWA (NPDES-600 Series) modified methods are available upon request (e.g. 515.1, 608, 610, & 614) EXPLOSIVES Nltroaromatics & Nitroamines Water EPA 8330 $195 24 Hrs 1 Liter Amber Glass Cold 7 Days Nltroaromatics & Nitroamines Soil EPA 8330 $195 48 Hrs 4 oz. Glass Cold 14 Days Nitroglycerin and PETN Water PAI SOP or 8330M $175 24 Hrs 1 Liter Amber Glas: Cold 7 Days Nitroglycerin and PETN Soil PAI SOP or 8330M $175 48 Hrs 4 oz. Glass Cold 14 Days Perchlorate Water EPA 314.0 $120 24 Hrs 500 mL Plastic N/A 28 Days Perchlorate Soil EPA 314.01A $130 24 Hrs 4 oz. Glass Cold 28 Days Nltroguenadine Water PAI SOP $160 24 Hrs 3x 40 mL VOA Cold 7 Days Nitroguanadine Soil PAI SOP $170 24 Hrs 4 oz. Glass Cold 14 Days Nitrocellulose Water PAI SOP $150 48 Hrs 1 Uter Amber Glass Cold 7 Days Nitrocellulose Soil PAI SOP $135 48 Hrs 4 oz. Glass Cold 14 Days RCRA CHARACTERIZATION 5 Routine Minimum Sample Container Holding PARAMETER MATRIX METHO Price TAT 4aanti4 Type Presery jJme Ignitabllity Liquid EPA 1010 $40 24 Hrs 500 mL Amber Glas; Cold 28 Days Ignitabllity, Solid EPA 1010 $40 24 Hrs 4 oz, Glass Cold 28 Days Corrosivity Liquid EPA 150.1 / 9040B $10 24 Hrs I OO mL Amber Glass Cold ASAP Corrosivity Solid EPA 9045C $10 24 Hrs 4 oz. Glass Cold ASAP Reactivity -Cyanide & Sulfide Liquid SW 846 7.3 $75 24 Hrs 1 Liter Plastic NaOH 7 Days Reactivity -Cyanide & Sulfide Solid SW 846 7.3 $75 24 Hrs 4 oz, Glass Cold 14 Days Paint Filter Liquids Misc. EPA 9095A $15 24 Hrs 4 oz, Glass Cold 14 Days IMP Percent Solids Determination Liquid EPA 1311 $20 24 Hrs 1 Liter Amber Glass N/A 7 Days Extraction - Volatiles,ZHE Solid EPA 1311 $100 24 Hrs VOC Glass Cold 14 Days Extraction- SVs & Metals Solid EPA 1311 $50 24 Hrs SV/Metal Glass Cold 14 Days SPLP Solid EPA 1312 $75 24 Hrs SV/Metal Glass Cold 14 Days VOCS Leachate EPA 8260E $160 48 Hrs 4 oz, Glass Cold 14 Days SVOCs Leachate EPA 8270C $275 4 Days 4 oz. Glass Cold 7 Days Organochiorine Pesticides Leachate EPA 8081 A $145 72 Hrs 4 oz. Glass Cold 7 Days Chlorinated Herbicides Leachate EPA 8151A $175 4 Days 4 oz. Glass Cold 7 Days 8 RCRA Metals METALS Leachate EPA 60106 & 7470A $125 48 Hrs 4 oz, Glass Cold 28-Hg / 6 Mo. 23 TAL Metals wo/CN (ICP/CVAA) Water CLP SOW for Inorg. $200 24 Hrs 1 L Plastic HNO3 28-Hg / 6 Mo. 23 TAL Metals wo/CN (ICP/cvAA) Soil ctv SOW for Inorg. $200 24 His; 4 oz. Plastic None 28-Hg / 6 Mo. Appendix IX Metals Water EPA 6010E & 7470A $200 24 Hrs 1 L Plastic HNO3 28-Hg / 6 Mo. Appendix IX Metals Soil EPA 6010E & 7471A $200 24 Hrs 4 oz. Plastic None 28-Hg / 6 Mo. 8 RCRA Metals (iCP/cvAA) Water EPA 6010E & 7470A $125 24 Hrs 1 L Plastic HNO3 28-Hg / 6 Mo. 8 RCRA Metals (ICP/cvAA) Soil EPA 6010B & 7471A $125 24 Hrs 4 oz. Plastic None 28-Hg / 6 Mo. Mercury Water EPA 7470A / 2453 $30 24 Hrs 1 L Plastic HNO3 28 Days Mercury Soil EPA 7471A/ 245.1 $30 24 Hrs 4 oz. Plastic None 28 Days Chromium VI Water EPA 7196A $50 24 Hrs 1 L Plastic N/A 24 Hrs Chromium VI (w/ DI Leach) Soil EPA 7196A $65 24 Hrs 4 oz. Plastic None 28 Days California Title 22 Metals Title 22 $200 24 Hrs N/A N/A N/A N/A Citric Acid or DI Water Extraction CAL -WET $75 24 Hrs N/A N/A N/A N/A ICP (per element- Water EPA 6010B / 200.7 $12 24 Hrs 1 L Plastic HNO3 6 Months ICP (parelemenq' Soil EPA 6010B $12 24 Hrs 4 oz. Plastic None 6 Months ICP-MS Either EPA 6020 Request ' Add $15 sample digestion fee per sample for waters and soils. "Metals Diaesfions (Pr_icing for individual ICP Metals 29filt on fees are already Included in RCRA App IX etc ri Acid Digestion for Total Dissolved or Recoverable Metals by ICP Aqueous EPA 3005A / 200.2 $15 24 His N/A N/A HNO3 6 Months Acid Digest. for Total Metals (ICP) Aqueous EPA 301OA $15 24 Hrs N/A N/A HNO3 6Months Acid Digest. for soils, sludges, & Sec. Solids EPA 3050B $15 24 Hrs N/A N/A N/A 6 Months Acid Digest. for Total Dissolution Solids EPA 3050M $30 24 Firs N/A N/A N/A 6 Months Digest 011, Grease, or Waxes MISCELLANEOUS PARAMETERS / Organics EPA 3050M $60 24 Hrs N/A N/A N/A 6 Months COMPOUNDS Alkalinity - Carbonate/Blcarb. - Water EPA 310.1 M $15 24 Hrs 125 mL Plastic Cold 14 Days Ammonia as N Water EPA 350.1 $15 24 Hrs 125 mL Plastic H2SO4 28 Days Cyanide, Total Water 9010A or 9010B&9014 $45 24 Hrs 125 mL Plastic NaOH 14 Days Cyanide, Total Soil 901CA or 9010B&9014 $55 24 Hrs 4 oz, Glass Cold Not Speclfled Cyanide Amenable to Chlorination Water 901 OA or 9010E&9014 $45 24 HIS; 125 mL Plastic NaOH 14 Days Cyanide Amenable to Chlorination Soil 9010A or9010e&9014 $45 24 Hrs 4 oz. Glass Cold Not Specified 03122t2OO2 _ Routine Minimum Sample Container Holding PARAMETER MATRIX METHOD Pllae IAT Ouantl TYRe Preserv. Time Chloride (alsosealc3oo.o) Water EPA 325.3 $30 24 His 125 mL Plastic Cold 28 Days Chloride (also see IC 300.0) Soil EPA 325.3 $40 24 Hrs 8 oz. Glass Cold 28 Days Fluoride (alsoseelC300.0) Water EPA340.2 $15 24 Hrs 125 mL Plastic Cold 28 Days Fluoride (also see IC 300.0) Soil EPA 340.2 $25 24 Hrs 4 oz. Glass Cold 28 Days Hardness by Calculation Water 6010B/ 200.7 $10 24 Hrs 125 mL Plastic Cold Not Specified Hydrogen Ion (pH) Water EPA 150.1 / 9040B $10 24 His 125 mL Plastic Cold ASAP Hydrogen Ion (pH) Soil EPA 9045C $20 24 His 4 oz. Plastic Cold 14 Days IC Anions: Br, Cl, F, NO2, Nos, PO4, 8 $04 Water EPA 300.0/9056 $15 ea 24 Hrs 500 mL Plastic N/A 48 Hr.&28 Days Nitrate/Nitrite Water EPA 353.2 $25 24 Hrs 125 mL Plastic H2SO4 28 Days Nitrate as NO3M02. N(also see IC 300.0) Water EPA 353.2 $45 24 Hrs 125 mL Plastic Cold 48 Hrs Nitrite (alsosee IC 300.0) Water EPA 354.1 $25 24 Hrs 125 mL Plastic Cold 48 Hrs Organic Carbon, Total - (TOC) Water EPA 415.1 $35 24 His 2 x 125 Amber Glas< H2SO4 28 Days Organic Carbon, Total - (TOC) Water EPA 9060 $70 24 His 2 x 125 Amber Glas; H2SO4 28 Days Organic Carbon, Total - (TOC) Soil Walkley Black $70 24 His 4 oz. Glass Cold 28 Days MISCELLANEOUS PARAMETERS/COMPOUND (cunt.) Organic Halides, Total: (fox, EOx, Tx) By Request - - Percent Moisture Soil CLP or ASTM 2216-92 $15 24 Hrs 4 oz, Glass Cold 14 Days Perchlorate Water EPA 314.0 $120 24 Hrs 500 mL Plastic N/A 28 Days Perchlorate Soil EPA 314.0M $130 24 Hrs 4 oz, Glass Cold 28 Days Phosphate - Ortho as P Water EPA 365.2 $22 24 Hrs 125 mL Plastic Cold 48 Hrs Phosphate - Ortho as P Soil EPA 365.2M $32 24 Hrs 125 mL Glass N/A 28 Days Phosphorus - Total as P Water EPA 365.2 $22 24 Hrs 125 mL Plastic H2SO4 28 Days Sulfide Water EPA 376.1 $45 24 His 250ml- HDPE Bottle NaOH/znOAC 7 Days Specific Conductivity Water EPA 120.1 $15 24 Hrs 250mL HDPE Bottle N/A 28 Days Total Dissolved Solids (TDS) Water EPA 160.1 $10 24 Hrs 500 mL Plastic N/A 7 Days Total Suspended Solids (TSS) Water EPA 160.2 $10 24 His 500 mL Plastic N/A 7 Days Total Solids Water EPA 160.3 $10 24 Hrs 500 mL Plastic N/A 7 Days Total Volatile Solids Water EPA 160.4 $10 24 Hrs 500 mL Plastic N/A 7 Days Total Settleable Solids Water EPA 160.5 $10 24 His 500 mL Plastic N/A 48 Hrs Soil Prep. -(Water Extraction) RADIOLOGICAL ANALYSEc Soil SW846 7.3.4.1 $30 24 His N/A N/A N/A N/A ALPHA SPECTROMETRY (AS) Americium - Isotopic (241) Water ASTM D3972-90M $180 5 Days 1 Liter Plastic HNO3 N/A Americium-isotopic(241) Solid ASTM D3972-90M $180 5 Days 100 g Plastic N/A N/A Curlum -Isotopic (242,243, 244) Water ASTMD3972-90M $180 5Days ILiter Plastic HNO3 N/A Curium - Isotopic (242,243,244) Solid ASTMD3972-90M $180 5Days 100g Plastic N/A N/A Neptunium - isotopic (z3n Water PAI SOP $185 5 Days 2 Liters Plastic HNO3 N/A Neptunium -Isotopic (237) Solid PAI SOP $185 5Days 100g Plastic N/A N/A Plutonium-isotopic(233,233f24o) Water ASTM D3972-90M $160 3 Days 1 Liter Plastic HNO3 N/A Plutonium -Isotopic (23a,23040) Solid ASTM D3972-90M $160 3 Days 100 g Plastic N/A N/A Polonium-isotopic(21o) Water ASTM D3972-90M $160 5 Days 1 Uter Plastic HNO3 N/A P0lonlum-Isotopic(210) Solid ASTM D3972-90M $160 5 Days 100 g Plastic N/A N/A Thorium-Isotoplc(22a,230,232) Water ASTMD3972-90M $150 3Days 1 Uter Plastic HNO3 N/A Thorium-Isotopic(228,230,232) Solid ASTM D3972-90M $150 3 Days 100 g Plastic N/A N/A Thorlum- Isotopic(224, 227, 229, 230, 232) Water ASTMD3972-90M $175 5Days ILiter Plastic HNO3 N/A Thorlum-Isotopic (224,227,228,230,232) Solid ASTMD3972-90M $175 5Days 100g Plastic N/A N/A Uranium-Isotopic(23=34,236,239) Water ASTM D3972-90M $160 3 Days 1 Liter Plastic HNO3 N/A Uranium-Iaotoplc(23=34,233,23e) Solid ASTM D3972-90M $160 3 Days 100g Plastic N/A N/A 03/22/2002 _- enne o-___-- - .- Routine Minimum Sample Container Holding PARAMETER MATRIX METHOD Prlca TAT QDltnd Typa Presery TIRO Uranium -Total Water ASTM D3972-90M $125 5 Days 100 ml Plastic HNO3 N/A Uranium -Total Solid ASTM D3972-90M $125 5 Days 100 g Plastic N/A N/A GAMMA SPECTROMETRY (GSl Gamma Emitters - Stock Library*,** Water EPA 901.1 $95 24 Hrs 2Liters Plastic HNO3 N/A Gamma Emitters - stock Llbrary', Solid EPA 901.1 M $85 24 Hrs 500 g Glass N/A N/A Gross Gamma Water EPA 901.1 $110 24 Hrs 2 Liters Plastic HNO3 N/A Gross Gamma Solid EPA 901.1 M $100 24 Hrs 500 g Glass N/A N/A Iron -(ss) Water RESL Fe-Ol M $180 5 Days 2 Liters Plastic N/A N/A Iron-(ss) Solid RESL Fe-01M $180 5Days 5g Glass HNO3 N/A Nickel.(e9) Water RESL NI-01M $180 5Days 2Liters Plastic N/A N/A Nickel -(s9) Solid RESL Ni-01 M $180 5 Days 5 g Glass HNO3 N/A Re-226/228-(BI/Pb.214 Ingrowth) Solid EPA 901.OM $115 27 Days 500 g Glass N/A N/A Re-22028 -(Screening) Solid EPA 901.OM $115 2 Days 500 g Glass N/A N/A 'Client specifies Gamma Library: Natural Products (NP), Activation a Fission Products (FA), Combined FANP, or other stock libraries. "Gamma Spec Custom List prices depend on Isotopes requested. Isotopes and DOO's will be addressed on a case by case basis. Please Inquire. KINETIC PHOSPHORESCENCE ANALYSES Total Uranium PA) Water ASTM D5174-91 $50 24 Hrs 1 Liter Plastic HNO3 N/A Total Uranium LIQUID Solid ASTM D5174-91 M $60 48 Hrs 100 g Either N/A N/A SCINTILLATION COUNTING Carbon-(m) (4S�) Water EERFC-01M $145 5Days IUter Amber N/A N/A Carbon -(m) Solid EERFC-01M $145 5Days 100g Glass N/A N/A Tritium Water EPA 906.0 $75 72 Hrs 100 ml Amber N/A N/A Tritium - (water E:changable) Solid PAI SOP $85 72 Hrs 200 g Glass N/A N/A Nickel -(63) Water RESLNI-01M $180 5Days 1 Liter Either HNO3 N/A Nickel -(e3) Solid RESL Ni-01 M $180 5 Days 100 g Either N/A N/A Plutonium -(241) Water ASTM D3972-90M $180 5 Days 1 Liter Either HNO3 N/A Plutonium -(241) Solid ASTM D3972-90M $180 5 Days 100 g Either N/A N/A Technetium -(99) Please Inquire Selenium -(79) Please Inquire Promethium - (147) Please Inquire Samarium -(181) Please Inquire GAS FLOW PROPORTIONAL COUNTIN Gross Alpha/Beta • (GM Water 900.0 / 9310 $55 24 Hrs 1 Liter Plastic HNO3 N/A Gross Alpha/Beta (Leach) Solid 900.01V / 9310M $55 24 Hrs. 100 g Either N/A N/A Radium Tot. Alpha Emitting Isotopes Water 903.0 / 9315 $75 72 Hrs. 1. Liter Plastic HNO3 N/A Radium Tot. Alpha Emitting Isotopes Solid 903.OM / 9315M $95 5 Days 1 Liter Either N/A N/A Radium -(228) Please Inquire EPA 9320 $120 5 Days 1.5 Uter Plastic HNO3 6 mo Iodine .(129) Water 902.01A $180 10 Days 1 Liter Plastic N/A 6 mo Iodine -(129) Solid 902.OM $180 10 Days 100 g Either N/A N/A Lead -(210) Water ASTM D5811-95M $135 10 Days 1 Liter Plastic HNO3 N/A Lead -(2io) Solid ASTM D5811-95M $115 10 Days 100 g Either N/A N/A Sr.(90) Total Radlostrantlum Water ASTM D5811-95M $120 72 Hrs 1 Uter Plastic HNO3 N/A Sr -(90) Total Redlostrontlum Solid ASTM D5811-95M $110 72 Hrs 100 g Either N/A N/A Sr-(egros) (seanotebelow) Water ASTM D5811-95M $175 15 Days 1 Liter Plastic HNO3 N/A Sr-(8mo) (Seenotebelow) Solid ASTMD5811-95M $175 15Days 100g Either N/A N/A Tc.(99) Water Elchrom $165 72Hrs 1 Liter Plastic N/A N/A Tc -(99) Solid Elchrom $166 72 Hrs 100 g Either N/A N/A 03/22/2002 , cone n....-__ nI__ ,_• assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence April 1, 2002, and shall continue in full force and effect until March 31, 2003, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. 2 WOSA 10/97 Routine Minimum Sample Container Holding PARAMETER MATRIX METHOD Price TAT Quandl Type Present. Tlma Pm -(147) Please Inquire ++72 Hr and 5 day TAT for Total Radiostrontlum only. Sr-90 or Sr-89 reported separately for Sr 89/90 ALPHA SCINTILLATION Raa26 (Rn Emanaton) Water EPA 903.1 $120 14 Days 1 Liter Either HNO3 N/A Re-226 (Rn-Emanation) Solid EPA 903.1M $120 14 Days 4oz Either N/A N/A EPA DRINKING WATER COMPLIANCE Gross Alpha and Bete (GFP) METHODOLO I Water EPA 900.0/7110 $55 24 Hrs 1 Liter Either HNO3 N/A Gross Alpha Coprecipitation (GFP) Water EPA 900.1 $95 5 Days 1 Liter Either HNO3 N/A Radiolodine (GFP) Water EPA 902.0 $150 5 Days 1 liter Amber N/A N/A Rn-222 Water EPA 913 $90 5 Days 3 x VOA 40 ml VOA N/A N/A Ra.226 by Alph"cintlllaaon (Rn-Emanation) Water EPA 903.1 $120 30 Days 1Liter Either HNO3 N/A Ra-22s (GFP-Total Radium Alpha) Water EPA903.0 $90 15Days 1 Liter Either HNO3 N/A Ra-228 (GFP) Water EPA 904.0 $120 15 Days 1 Liter Plastic HNOs 6 mo Tritium by LSC Water EPA 906.0 $75 24 Hrs 1 Liter Glass N/A N/A Total Uranium by KPA Water ASTM D5174-91 $50 24 Hrs 1 Liter Either HNOs N/A Total Uranium by Alpha Spec, Water ASTMD3972-90M $125 72 Hrs 1Liter Either HNO3 N/A Isotopic Uranium by alpha spec. Water ASTMD3972-90M $160 72 Hrs 1Liter Either HNO3 N/A Isotopic Thorium by Alpha Spec, Water ASTMD3972-90M $160 72 His 1 Liter Either HNO3 N/A Gamma Spectroscopy Water EPA 901.1 $95 24 Hrs 1 Liter Either HNO3 N/A SW 846 COMPLIANCE METHODOLOGIES Gross Alpha and Beta Ra -226 by GFP (Total Radium Alpha) Re-228 by GFP Ra-228 by GFP Waste EPA 9310 $55 24 Hrs 1 L Either HNO3 180 days Waste EPA 9315 $90 72 Hrs 1 L Either HNO3 180 days Water EPA 9320 $125 10 Days 1 L Either HNO3 180 days Soil EPA 9320 $130 10 Days log Either N/A 180 days ORGANICS SAMPLE CLEAN-UPs CLEAN-UP & SPECIAL PREPARATION Alumina Column Clean-up EPA 361 OB $50 24 Hrs N/A N/A N/A N/A Florisil Column Clean-up EPA 3620B $50 24 Hrs N/A N/A N/A N/A Silica Gel Cleanup EPA 3630C $50 24 Hrs N/A N/A N/A N/A Gel -Permeation Cleanup EPA 3640A $50 24 Hrs N/A N/A N/A N/A Sulfur Cleanup EPA 3660B $30 24 Hrs N/A N/A N/A N/A Sulfuric Acid Cleanup EPA 3665A $30 24 Hrs N/A N/A N/A N/A Waste Dilution Solid/Liq. EPA 3580A $50 24 Hrs N/A N/A N/A N/A "Sample Clean -UP may be Included In the full analysis cost. Inquire for specifics. Ex. Gel -Permeation cleanups are not universally/routinelyperformed for S1#846 8270. ORGANICS SAMPLE EXTRACTIONS* Separatory Funnel Liquid -Liquid Ext. Water EPA 351 OC $60 24 Hrs N/A N/A N/A N/A Continuous Liquid-Llquid Ext. Water EPA 3520C $60 24 Hrs N/A N/A N/A N/A Soxhlet Extraction Solid EPA 3540C $60 24 Hrs N/A N/A N/A N/A Sonicatlon Extraction Solid EPA 3550E By Request 24 Hrs N/A N/A N/A N/A Purge and Trap Both EPA 5030B NC 24 Hrs N/A N/A N/A N/A Purge and Trap Both EPA 5035 INC 24 Hrs N/A N/A N/A N/A *Sample Extraction costs are Included In the full analysis cost. Items listed here are lorpreparatlon only requests. 9 namnnn2 Date: 03/28/02 Time: 05:00 PN To: 19102216707 eye - ACORD CERTIFICATE OF LIABILITY INSURANCE 3/28 200 03/28/2002 PRODUCER FAX (303) 756-8818 Keller -Lowry Insurance Inc 1777 S Harrison St #700 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver, CO 80210 INSURERS AFFORDING COVERAGE INSURED Walsh Environmental Scientists & Engineers, LLC Creekside Two, Suite 120 2629 Redwing Road INsuRERA'. Hartford Insurance Co INSURER . Pinnacol Assurance INSURERC. INSURER Fort Collins, CO. 80526 INSURERE. Co 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE MMI DATE MI LIMBS GENERAL LIABILITY 34UUNEM8078 01/10/2002 01/10/2003 EACH OCCURRENCE $ 1, 000, ON X COMMERCIAL GENERAL LIABILITY CLAIMS MADE rK OCCUR FIRE DAMAGE (Any one Nre) $ 300,0 MED EXP (Any one person) $ S,00 A PERSONAL BADVINJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER X POLICY PR LOC PRODUCTS - COMPOP AGG $ 2,000,00 AUTOMOBILE X LIABILITY MY AUTO 34UUNEM8078 01/10/2002 01/10/2003 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 ,000,00 BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULED AUTOS BODI LY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Peraccid.rN $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY'. AGG $ $ EXCESS LIABILITY X OCCUR 17CLAMS MADE 34XHUEU4384 01/10/2002 01/10/2003 EACH OCCURRENCE $ 3,000,0001 AGGREGATE $ 3,000,0 A $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 9066221 07/01/2001 07/01/2002 X TORYLIMITS X ER E.L. EACH ACCIDENT $ 1,000,00 B E. L. DISEASE - EA EMPLOYEE $ 1, 000,00 E.L. DISEASE -POLICY LIMIT $ 110001000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES XCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS e: Environmental Services Agreement ity of Fort Collins is added as Additional Insured for General Liability as respects their interest by contract with the named insured. "Professional Liability Coverages Are Excluded from the above policies." City of Fort Collins Attn: James B. O'Neill PO Box 580 Fort Collins, CO 80522-0580 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL -Jk- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, IFS AGENTS OR REPRESENTATIVES. 25-5(7197) FAX: (970)221-671 Date: 03/28/02 Time: 05:00 PM TO: 19702216707 Page: 002-002 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (7/97) A_ C�„ CERTIFICATE OF LIABILITY INSURANCE 03/i8/2002 FAX (303)756-8818 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ,RODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Keller -Lowry Insurance Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1Z17-'S Harrison St #700 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver, CO 80210 INSURERS AFFORDING COVERAGE INSURED Was Environmenta ScientT«^ "�� wsuRERA: Hartford Insurance C Engineers, LLC . .�� 'f —jam IrvsuRERO: Pinnacol Assurance Creekside Two, suite wsuRERc: VIve 2629 Redwing Road INSURER D. Fort Collins, CO. W 'reor INSURER E: COVERAGES I I i I (dl( MVSYBRAW, _._---..- .. ,..��.. .,..�.., +,�oTr.,.,nu,n THE ANY MAY POLICIES. POLICIES OF INSURANCE LISTED REQUIREMENT, TERM OR CONDITIL PERTAIN, THE INSURANCE AFFORD'- AGGREGATE LIMITS SHOWN BI T7 1 u Ivvmr:� r,ovv� ENT WITH RESPECT S SUBJECT TO M j� ,A/ :Y EFFECTIVE ( G'�W�.-' � i MWDDIYY 3_4 Q•• i 10/2002 ♦y" _ l�� ` V1 C / er /l�a�`'I. DDD 1\ �T c. 34VUI oa/ 1u/2002 1-11 � , .....,, TO WHICH THIS ALL THE TERMS .. -- -- -. CERTIFICATE MAY BE ISSUED EXCLUSIONS AND CONDITIONS OR OF SUCH POLICY EXPIRATION DATE MMIDDM - LIMITS INSR LTR TYPE OF INSURANCE A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR O1�lO�2003 EACH OCCURRENCE $ 1,000,00( FIRE DAMAGE (Any one fire) $ 300, OO MED EXP (Any one person) $ S, oO PERSONAL&ADV INJURY $ 1, 000,00 GENERAL AGGREGATE $ 2,000,00 PRODUCTS-COMP/OP AGO $ 2,000, 00 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY JE�7 LOC A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 01/10/2003 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Par accident) $ GAR AGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESS LIABILITY X OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ 34XHUEU4384 01/10/2002 01/10/2003 EACH OCCURRENCE $ 3,000,00 AGGREGATE $ 3,000.00 $ $ $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 066221 07/01/2001 07/01/2002 X TORVLIMITS X ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS e: Environmental Services Agreement ity of Fort Collins is added as Additional Insured for General Liability as respects their interest by contract with the named insured. "Professional Liability Coverages Are Excluded from the above policies." _...... ._..----.. __..._.. _...--------- ---- -.._ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Fort Collins Attn: James B. O'Neill 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PO BOX 580 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Fort Collins, CO 80522-OS80 Robert Sibelius CIC mwrnen rnoonenr,nM Bonn All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: Service Provider City With Copy to: Walsh Environmental Margit Hentshel John Stephen, CPPO, Sr. Buyer Scientists and Engineers, LLC Natural Resources City of Fort Collins . 2629 Redwing Road City of Fort Collins Purchasing Division Suite 120 P. O. Box 580 P. O. Box 580 Fort Collins, CO 80526 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. No Work Order of $50,000 or more shall be issued. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "C", consisting of ten (10) pages, and incorporated herein by this reference. The parties acknowledge that Air Resource Specialists and Paragon Analytics are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. If the amount charged by these subcontractors exceed the rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "C" including 3 WOSA 10/97 subcontractor rates. b. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extend that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 13. Warran . (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all 4 WOSA 10/97 workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting parry, the defaulting parry shall be liable to the non - defaulting party for the non -defaulting parry's reasonable attorney fees and costs incurred because of the default. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. 17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death 5 WOSA 10/97 of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 214 North Mason St., Fort Collins, Colorado 80524 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 18. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 19. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 6 WOSA 10/97 CITY OF FORT COLLINS, COLORADO a municipal cor orationn nn John Vischbach City Manager BQes L`�- JO'Neill II, CPPO, FNIGP Df Purchasing and Risk Management Date: qj q/D 1� A T: City Clerk APPRO/Vl�� D-A� T FORM: Assista((nt�tCityAttorney WALSH ENVIRONMENTAL SCIENTISTS AND ENGINEERS, LLC `— a O Z V— 1-IA aw-> lei, sTv 13EtZ PRINT NAME UICF 1PRLE5inENi CORPORATE RESIDENT OR VICE PRESIDENT Date: O 3/ 3 g) a d d ATTEST: (Corporate Seal) RPORAT SECRETARY 7 WOSA 10/97 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Service Provider agrees to perform the service identified above and on the attached forms i accordance with the terms and condition contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this work order (including the attached forms) the Services Agreement shall control. Service Provider Acceptance User The attached forms consisting of _ (� pages s are hereby accepted and incorporated herein by n this reference, and Notice to Proceed is hereby s given. City of Fort Collins By: Date: WOSA 10/97 EXHIBIT "B" II. GENERAL SCOPE OF ANTICIPATED & POTENTIAL SERVICES This section is intended to outline and define the categories in the general scope of work that may be needed by the City. The items or tasks listed in each general category are examples of the types of specific services that the City anticipates are likely to be required or may potentially be required. It is possible that additional or extended similar services may be required at some point in time, and the City may choose to utilize the Professional under such circumstances. However, the City makes no assurance that any specific service described in this section will be needed during the initial one-year term of any contract that may be awarded pursuant to this Request for Proposal, or during any extension of such a contract. See Section III below, Proposal Description & Format, for more information on defining your capabilities in relationship to these categories, items, and tasks, and other similar capabilities. In general, in all relevant categories, please be prepared to incorporate compliance with all Federal, State, regional, and local laws, regulations, and policies. Environmental Assessment and Investigation The Professional will work with the City to: a. Perform due diligence assessments (Phase I Environmental Site Assessments in accordance with ASTM standards) of property to be acquired by the City, including recommendations regarding the potential liability associated with a property. b. Perform Phase 2 investigations associated with and in support of the above properly transfer due diligence assessments. C. Provide, on an as -required basis, integrated services for the collection, analysis, and interpretation of environmental samples (air, water, soil, biota, and wastes). d. Design and perform subsurface soil and groundwater investigations associated with leaking underground tanks, release of hazardous substances, or other environmental impacts. These services are to include the capability of providing drilling and sample collection, and analytical and laboratory services. Advise the City in matters associated with contaminant transport, hydrogeology, geology, environmental chemistry, and related disciplines needed to assess the potential environmental exposure to hazardous substances releases. Advise the City on matters associated with Superfund, state mandated cleanups, underground storage tank programs, voluntary cleanup program, and other investigative type programs. Prepare Spill Prevention and train employees on SPCC plan procedures.