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HomeMy WebLinkAbout7571RESOLUTION NO. 7571 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND GREYSTONE DEVELOPMENT CONSULTANTS, INC., FOR PROFESSIONAL ENVIRONMENTAL SERVICES RE- LATING TO THE SOUTHERN PACIFIC TRANSPORTA- TION COMPANY FREIGHT DEPOT, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 An agreement dated February 27, 1995, between the City of Pueblo, a Municipal Corporation, and Greystone Development Consultants, Inc., to provide professional environmental ser- vices relating to the Southern Pacific Transportation Company Freight Depot, a copy of which is attached and incorporated, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 Funds for said professional environmental services shall be paid from Account Number 145 - 1994 - 100 -0 -40 -8821. SECTION 3 The President of the City Council is hereby authorized to execute said contract on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED February 27 , 1995 BY C HARIjES JONES Council Person APPROVED resident of the City Council ATTEST: City Cler AGREEMENT FOR PROFESSIONAL ENVIRONMENTAL ASSESSMENT SERVICES THIS AGREEMENT is made and entered this 27th day of February, 1995 by and between the City of Pueblo, a Municipal Corporation ( "Client "), and Greystone Development Consultant, Inc., ( "Contractor ") for Contractor to render professional environmental assessment and asbestos inspection services for Client with respect, hereinafter referred to as the "Project." In consider- ation of the mutual covenants hereinafter set forth, the parties agree as follows: SECTION 1. GENERAL AND SCOPE OF SERVICES (a) Contractor shall satisfactorily perform the professional environ- mental services for the Project described in more detail in Exhibit 1 attached hereto and incorporated herein by reference (the "Proposal ") . Such services shall include all usual and customary professional environmental services. (b) Contractor shall be bound by and subject to conditions of the Right -of -Entry Permit described in more detail in Exhibit 3, attached hereto and incorporated herein by reference (the "Agreement Permit "). SECTION 2. CONTRACTOR'S RESPONSIBILITIES (a) Contractor shall be responsible for the professional quality, technical accuracy and timely completion of Contractor's work, including that performed by Contractor's consultants and subcontractors, and including draw- ings, reports and other services, irrespective of Client's approval of or acquiescence in same. (b) Contractor shall be responsible, in accordance with applicable law, to Client for all loss or damage to Client caused by Contractor's negligent act or omission; except that Contractor hereby irrevocably waives and excuses Client and Client's attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13 -20 -602, C.R.S. or similar statute, whether now existing or hereafter enacted. (c) Contractor shall be completely responsible for the safety of Contractor's employees in the execution of work under this Agreement and shall provide all necessary safety and protective equipment for said employees. (d) Contractor acknowledges that time is of the essence with respect to the completion of its services under this Agreement. Contractor represents that it shall complete all work within six weeks of execution of this Agreement and that Exhibit 2 attached hereto is the schedule by which Contractor proposes to accomplish its work, with time periods for which it will commence and complete each major work item. Except to the extent the parties agree to time extensions for delays beyond the control of Contractor, Contrac- tor shall adhere to this schedule and perform its work in a timely manner so as not to delay Client's timetable for achievement of interim tasks and final completion of Project work. Contractor further acknowledges that its schedule has accounted for all reasonably anticipated delays, including those inherent in the availability of tools, supplies, labor and utilities required for the work, the availability of information which must be obtained from any third parties, and all conditions to access to public and private facilities. (e) Before undertaking any work or incurring any expense which Contrac- tor considers beyond or in addition to the Scope of Work described in Exhibit 1 or otherwise contemplated by the terms of this Agreement, Contractor shall advise Client in writing that (i) Contractor considers the work beyond the scope of this Agreement, (ii) the reasons that Contractor believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Contractor shall not proceed with any out of scope or additional work until authorized in writing by Client. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Contractor shall be compensated for its direct costs and professional time at the rates set forth in Exhibit 2 attached hereto. SECTION 3. FEES FOR SERVICES; PAYMENT (a) Client will pay to Contractor as full compensation for all services required to be performed by Contractor under this Agreement, except for services for additional work or work beyond the scope of this Agreement, the maximum sum of U.S. $4,500.00. (b) Contractor shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount set forth above, for actual professional services rendered. Applica- tions for payment shall be submitted based upon the hourly rates and expense reimbursement provisions set forth in Exhibit 2 attached hereto, and shall contain appropriate documentation that such services have been performed and such expenses incurred. Thereafter, Client shall pay Contractor for the amount of the application within 40 days of the date such application is received. (c) No separate or additional payment shall be made for profit, overhead, local telephone expenses, lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses unless otherwise provided and listed in Exhibit 1. (d) No compensation shall be paid to Contractor for services required and expenditures incurred in correcting Contractor's mistakes or negligence. (e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the provisions of Section 2(e). (f) In the event services under this Agreement are phased and to be performed in more than one fiscal year or are subject to annual appropriation, Contractor acknowledges that funds only in the amount of initial appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. SECTION 4. CLIENT'S RESPONSIBILITIES (a) Client agrees to advise Contractor regarding Client's Project requirements and to provide all relevant information, surveys, data and previous reports (if any) accessible to Client which Contractor may reasonably require. -2- (b) Client shall designate a Project Representative to whom all commu- nications from Contractor shall be directed and who shall have limited administrative authority on behalf of Client to receive and transmit informa- tion and make decisions with respect to the Project. Said representative shall not, however, have authority to bind Client as to matters of governmental policy or fiscal policy, nor to contract for additions or obligations exceeding a value which is the lesser of $225.00 or 5t of the maximum contract price. (c) Client shall examine all documents presented by Contractor, and render decisions pertaining thereto within a reasonable time. The Client's approval of any drawings, specifications, reports, documents or other materials or product furnished hereunder shall not in any way relieve Contractor of responsibility for the professional adequacy of its work. (d) Client shall perform its obligations and render decisions within a reasonable time under the circumstances presented. Based upon the nature of Client and its requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 46 days shall be presumed reasonable for Client to act with respect to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall be extended where information reason- ably required by Contractor is not within the custody or control of Client but must be procured from others. SECTION 5. TERMINATION. (a) Client reserves the right to terminate this Agreement and Contrac- tor's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination, Contractor and its subcontractors shall cease all work and stop incurring expenses, and shall promptly deliver to Client all data, drawings, specifications, reports, plans, calculations, summa- ries and all other information, documents and materials as Contractor may have accumulated in performing this Agreement, together with all finished work and work in progress. (b) Upon termination of this Agreement for events or reasons not the fault of Contractor, Contractor shall be paid at the rates specified in Exhibit 2 for all services rendered and reasonable costs incurred to date of termination; together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to Contractor or Client. In no event shall payment to Contractor upon termination exceed the maximum compensation provided for complete performance in Section 3(a). (c) In the event termination of this Agreement or Contractor's services is for breach of this Agreement by Contractor, or for other fault of Contractor including but not limited to any failure to timely proceed with work, or to pay its employees and consultants, or to perform work according to the highest professional standards, or to perform work in a manner deemed satisfactory by Client's Project Representative, then in that event, Contractor's entire right to compensation shall be limited to the lesser of (a) the reasonable value of completed work or (b) payment at the rates specified in Exhibit 2 for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. -3- (d) Contractor's professional responsibility for its completed work and services shall survive any termination. SECTION 6. ACCESS TO PROPERTY NOT UNDER CLIENT'S CONTROL Contractor acknowledges that the Project may require access to property not under the control of Client but of third parties. Contractor and Contractor's employees and consultants shall, at Contractor's expense, obtain all necessary approvals and clearances required for access to such property. Client shall assist Contractor in obtaining access to such property at reasonable times but makes no warranty or representation whatsoever regarding access to such property. Contractor shall be bound and subject to provisions set forth in the "Permit Agreement" between the City of Pueblo and the Southern Pacific Transportation Company Exhibit 3. SECTION 7. USE OF DOCUMENTS (a) Plans, drawings, specifications, reports and all other documents prepared or provided by Contractor hereunder shall become the sole property of Client, subject to applicable federal grant requirements, and Client shall be vested with all rights therein of whatever kind and however created, whether by common law, statute or equity. Client shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifica- tions, and all other technical data or other documents pertaining to the work to be performed under this Agreement. In no event shall Contractor publish work product developed pursuant to this Agreement except (i) with advance written consent of Client and (ii) in full compliance with the requirements of this Agreement and applicable federal regulations. (b) Plans and reports produced under this Agreement, including all drafts thereof, shall contain a disclaimer on the title page which shall read as follows; "This (name of document) was prepared under contract with the City of Pueblo, with financial support from the U.S. Department of Transporta- tion. The content of the document does not necessarily reflect the views of the U.S. Department of Transportation." and shall state Contractor's contractor identification. SECTION 8. INSURANCE AND INDEMNITY (a) Contractor agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b). (b) The minimum insurance coverage which Contractor shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory re- quirements in Colorado and in any other state or states where the work is performed. -4- (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No /100 Dollars ($600,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No /100 Dollars ($600,000.00) per occurrence for property damage. (iii) Professional Liability Insurance with coverage of not less than $1,000,000, and with a deductible acceptable to Client. (c) Contractor agrees to hold harmless, defend and indemnify Client from and against any liability to third parties, arising out of negligent acts or omissions of Contractor, its employees, subcontractors and consultants. SECTION 9. SUBCONTRACTS (a) Client acknowledges that Contractor is the prime contractor and the only party with whom Client has a contractual relationship under this Agree- ment. However, Contractor has, as indicated in Section 1(b) of this Agreement, identified subcontractor consultants who may perform services on behalf of Contractor under this Agreement. Contractor shall therefore contractually bind each of its consultants and subcontractors by subcontract agreement to all of the terms of this Agreement which are for the benefit of Client, and Client shall be a third party beneficiary of those subcontract provisions. (b) Contractor shall indemnify and defend Client from all claims and demands for payment for services provided by subcontractors of Contractor. (c) Contractor acknowledges that, due to the nature of the services to be provided under this Agreement, the Client has a substantial interest in the personnel and consultants to whom Contractor assigns principal responsibility for services performed under this Agreement. Consequently, Contractor repre- sents that it has selected and intends to employ or assign the key personnel and consultants identified in its proposal submitted to Client prior to execution of this Agreement to induce Client to enter this Agreement. Contractor shall not change such consultants or key personnel except after giving notice of a proposed change to Client and receiving Client's consent thereto. Contractor shall not assign or reassign Project work to any person to whom Client has reasonable objection. SECTION 10. REQUIRED FEDERAL PROVISIONS (a) Contractor understands that Client is funding Contractor's services in whole or part with funds provided through the U.S. Department of Transporta- tion, pursuant to a Grant Agreement and applicable federal regulations. Contractor agrees it is subject to and shall comply with all applicable provisions of the Grant Agreement and the Act under which the grant award has been made. -5- (b) Contractor shall comply with all applicable Federal, State, and local laws applicable to its activities, 49 CPR Part 18, "Uniform Administra- tive Requirements for Grants and Cooperative Agreements to State and Local Governments;" OMB Circular A - 87, "Cost Principles for State and Local Governments;" 49 CFR Part 90, "Audits of State and Local Governments;" 49 CPR Part 29, "Governmentwide Debarment and Suspension (Nonprocurement) and Govern - mentwide Requirements for Drug Free Workplace (Grants);" 49 CFR Part 20, "New Restrictions on Lobbying;" and the Department of Transportation regulations concerning nondiscrimination in federally assisted programs, 49 CFR Part 21. (c) All records with respect to any matters covered by this Agreement shall be available for inspection by Client, the U.S. Department of Transporta- tion, the Colorado Department of Transportation (the "State "), and the Inspec- tor General of each federal department with an interest in the subject matter of this Agreement, at any time during normal business hours and as often as Client, the State, the Department or such Inspector General deems necessary, to audit, examine and make excerpts or transcripts of relevant information, and otherwise to perform its official functions or duties. SECTION 11. MISCELLANEOUS. (a) Notices Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Contractor or Client by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States mail, first -class postage prepaid, addressed to the Client, Attention: Mr. Bill Zwick, City of Pueblo, Department of Planning and Development, 211 East "D" Street, Pueblo, Colorado 81003 or to Contractor, Mr. Jerry Koblitz, Greystone Development Consultants, Inc., 5990 Greenwood Plaza Boulevard, No. 250, Englewood, Colorado 80111 Either party may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. (b) Entire Agreement This instrument contains the entire agreement between Contractor and Client respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of either Client or Contractor in relation thereto not expressly set forth in this instrument and its attachments is null and void. (c) Successors and Assigns This Agreement shall be binding on the parties hereto and on their successors and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to Contractor may be assigned by it without the written consent of Client. (d) Amendments No amendment to this Agreement shall be made nor be enforceable unless made by written amendment signed by an authorized represen- tative of Contractor and by Client in accordance with the requirements of Section 4(b) of this Agreement or upon authorization of Client's governing board. -6- (e) Choice of Law This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a state court of competent jurisdiction located in Pueblo, Colorado. (f) Equal Employment Opportunity In connection with the performance of this Agreement, neither Contractor nor its consultants shall discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. Contractor shall endeavor to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, disability or age. (g) Severability If any provision of this Agreement, except for Section 2, is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or other Project funding source, then such provision shall be deemed void and the remainder of the Agreement enforced. However, it is the intent of the parties that Section 2 of this Agreement not be severable, and that if any provision of said section be determined to be contrary to law or the terms of any federal grant, then this entire Agreement shall be void. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF P BLO c B y /I 44yt444�op Chris Weaver, President of City Council ATTEST: GREYSTONE DEVELOPMENT CONSULTANTS, INC. Ci y Clerk By Name: J Title: / Q 0 /D -- 4 -7- Environmental Planners, Scientists, and Engineers December 20, 1994 Mr. Bill Zwick Department of Planning and Development City of Pueblo 211 East "D" Street Pueblo, Colorado 81003 RE: Proposal for Phase I Environmental Site Assessment and Asbestos Testing of the Southern Pacific Transportation Company Property and Freight Depot in Pueblo, Colorado Dear Mr. Zwick: This letter serves as our proposal to conduct a Phase I Environmental Site Assessment (ESA) and testing for asbestos containing materials (ACM). We understand that the site is currently owned by the Southern Pacific Transportation Company and consists of 2.928 acres, including five rail spurs and a 21,848 square foot freight depot, with an office and warehouse space. The site is located at the corner of "B" Street and Victoria Street in Pueblo, Colorado. We further understand that the Phase I ESA may start as soon as February I, 1995, and will require no more than thirty (30) calendar days for completion. Following is our proposed scope of work for the project along with proposed costs associated with these tasks. If you agree with the terms and conditions presented herein, please sign and return this letter (by mail or fax) and it will become the agreement for performance of this assessment. SCOPE OF WORK The Phase I ESA will be conducted in accordance with standards adopted in 1993 by the American Society for Testing and Materials (ASTM), Designation: E 1527 -93. The purpose of this assessment is to identify, to the extent feasible, environmental conditions in connection with the subject property. There will be five components to this assessment: records review, site reconnaissance, asbestos survey, interviews, and report. After completion of the Phase I report, Greystone will submit a proposal for a Phase II ESA based on Phase I results. The Phase II proposal will include a cost estimate, scope of work, and time schedule. Records Review A records review will be conducted to obtain and evaluate information which may assist' in the identification of any recognized environmental conditions connected with the subject property. d EXHIBIT 5990 Greenwood Plaza Blvd. - Suite 250 - Englewood, CO 80111 ---i ---- (ROR) R.50-MR0 . FaY MOR) 721 _Q2QR Mr. Bill Zwick December 20, 1994 Page 2 Records will be examined not only for the subject property, but for neighboring properties within an appropriate minimum search distance. This distance includes up to a one -mile radius depending upon the seriousness of the potential environmental hazard in question. Standard sources of information will be examined. These sources include publicly available records from the U.S. Environmental Protection Agency (EPA), Colorado Department of Public Health and Environment (CDPHE), Colorado Oil Inspection Section, Pueblo County. Assessor's Office, and the local fire department. Physical setting sources from the U.S. Geological Survey including topographic and geologic maps will be used. A history of previous uses and occupance of the subject property and surrounding area will be developed in order to identify potential associated environmental liabilities. The search will go back a minimum of 50 years using standard historical sources. These sources include aerial photographs, recorded land title records, and other publicly available documents. Site Reconnaissance A physical site reconnaissance of the subject property and surrounding area will be conducted to visually identify the potential for potential environmental liabilities associated with the subject property. The subject property will be examined on foot while adjoining properties and the surrounding area will be viewed from adjacent roads. Observations will be made of the current and past uses of the subject property, adjoining properties, and surrounding area. The following conditions, facilities, and uses will also be noted: topographic setting, hazardous substances and petroleum products, above ground and underground storage tanks, presence of odors, pools of liquid, storage drums, unidentified substance containers, PCBs, pits and ponds, stained soil or pavement, stressed vegetation, solid waste disposal, waste water discharge, and drains and sumps. Asbestos Survey The Phase I assessment of the warehouse will specifically include identification of all possible asbestos containing materials (ACM). Recommendations and cost estimates will be developed regarding appropriate abatement, and other options for the City of Pueblo's consideration. All asbestos sampling and reporting will be conducted in accordance with Regulation No. 8, Part B, Section V of the Colorado Emission Standards for Asbestos which establishes the requirements for state and /or public buildings. Bulk samples shall be analyzed for asbestos content by Polarized Light Microscopy (PLM) using the "Interim Method for the Determination of Asbestos in Bulk Insulation Samples" found in Appendix A to Subpart F in 40 CFR Part 763 (EPA 1987). In addition, NESHAPS, 40 CFR Part 61, National Emissions Standards for Mr. Bill Zwick December 20, 1994 Page 3 Hazardous Air Pollutants has indicated in Section 61.141 that point counting for friable asbestos material be performed on samples with < 10 percent asbestos content. The ACM survey will also include sampling of locations. These locations will also be noted on color photographs and building architectural drawings. Interviews Interviews with owners, government officials, or others familiar with the subject property will be conducted to determine potential associated environmental liabilities which are not revealed by the records review or site reconnaissance. Questioning may be in person, by telephone, or in writing. Report The final written document of this investigation will report the findings of the records review, site reconnaissance, asbestos survey, and interviews. Appropriate maps, aerial photographs, site photographs and other supporting documentation will be included. There will be a conclusions section with an assessment of potential environmental liabilities. Recommendations will be made as to any needs for a Phase II study including sampling and other more detailed evaluations. We assume that you will need several copies of this report. QUALIFICATIONS AND EXPERIENCE Greystone has conducted environmental site assessments on numerous commercial and industrial sites in Colorado. In addition, all Greystone ESAs are carried out by a Senior Scientist with several years experience conducting these studies. Asbestos sampling is conducted by a state certified asbestos inspector. All final ESA reports are reviewed and certified by a Registered Environmental Property Assessor. Following are key personnel who would conduct this study: Mr. Randy Schroeder is a Registered Environmental Professional (REP 5189), a Registered Environmental Assessor (REA 02735) and a Registered Environmental Property Assessor (REPA 1011). He has conducted environmental assessments on a variety of sites involving asbestos, hydrocarbons, metals, radiochemicals and other materials. His experience includes the evaluation of primary and secondary impacts of hazardous materials on the environment and design of mitigation plans and response measures to deal with releases of these substances. Mr. Bill Zwick December 20, 1994 Page 4 Mr. Will Mahoney, a Registered Professional Geologist, has conducted Phase I ESAs on more than 50 sites in Colorado. These studies have dealt with chemical laboratories, oil and gas fields, full- service gasoline stations, warehouses, office buildings, ranches, junk yards and a rail repair facility. He is a skilled in aerial photography interpretation and is familiar with federal and state hazardous waste site databases. Mr. Seth Kostbar holds a certificate from the Colorado Air Pollution Control Division for asbestos inspection. He has worked on projects involving industrial and commercial asbestos investigations and abatement, Phase I ESAs, underground storage tank (UST) site management, oil and gas production, materials storage, and treatment facilities, contaminated groundwater, and remediation of contaminated soils. Mr. Kostbar has extensive experience in the preparation and collection of bulk samples of suspected asbestos containing materials in accordance with EPA recommendations and regulations, and the conduct of building surveys to determine if asbestos containing materials are present. He is also experienced with the design and implementation of sampling strategies; calibration of laboratory and field equipment; collection of air samples in accordance with federal, state and local regulations; air sample analysis by Phase Contrast Microscopy and report generation; exposure level calculations from analytical data; advising clients in proper abatement procedures and the selection of personal protective equipment; and the review and signatory approval of reviewed analytical reports. Enclosed is a brochure outlining our capabilities, a list of representative projects, and resumes of key personnel who would be involved with this project. SCHEDULE We anticipate being able to complete the assessment and report within thirty (30) calendar days of being given authorization to proceed. FEE AND FEE SCHEDULE We propose to complete this work for a total project cost of $3,250.00 based upon the scope of services described above. This project cost includes all labor necessary for the site reconnais- sance, asbestos survey, records review, any necessary interviews, and the final report. Analysis of bulk asbestos samples using the PLM Method would be done at a cost of $15 /sample and $30 /sample using point count - NESHAPS Method. Mr. Bill Zwick December 20, 1994 Page S Please feel free to call if you have any questions regarding this proposal or additional information. Sincerely, Randall E. Schroeder Principal Date RES:pld Enclosure ive a need for February 22, 1995 Mr. Bill Zwick Department of Planning and Development City of Pueblo 211 East "D" Street Pueblo, Colorado 81003 RE: Phase I Environmental Site Assessment of the Southern Pacific Depot located in Pueblo, Colorado Dear Mr. Zwick: Per your request, attached is the latest Greystone rate schedule for 1995. Costs for lead based paint sampling and analysis are not included in this rate schedule. Lead based paint sampling and analysis can be performed for the lump sum of $ 500 for this building. Additionally, as you requested, the maximum number of asbestos samples that are anticipated for this project is 50 at $ 15 per sample. Furthermore, the assessment and report can be completed within six weeks of your notice to proceed. Greystone has reviewed the example of a contract agreement and the associated right of entry form for the above - referenced project. Based upon this review the following information needs to be included in the contract: On page 6 of the contract agreement Jerry Koblitz should be listed as the Greystone contact. On Page 5 the insurance requirements with regard to Comprehensive General and Liability Insurance needs to be clarified as to $ 500,000 or $ 600,000. We are covered under both. No other information needs to be changed other than exhibit numbers. I have also attached a copy of our original proposal for your review. If you any questions or comments please do not hesitate to contact me at (303) 850 - 0930. A rely Mathis Geologist s h FEB 2 8 1995 5990 Greenwood Plaza Blvd. Suite 250 • Englewood, CO 80111 (ROR) V.- tQAM 1701 oot10 EXHIBIT Environmental Planners, Scientists, and Engineers Rates for 1995 Personnel Personnel hourly rates are as follows: Principal -in- Charge Project Management Senior Engineer Senior Staff Project Staff Technician Drafting /Graphics Clerical Support $75 /hr $65 /hr $65 /hr $55 /hr $45 /hr $35 /hr $35 /hr $25 /hr Travel & Subsistence All travel and subsistence expenses are invoiced at actual cost plus 10% handling. Cost of mileage on a company -owned vehicle is computed at a rate of 40 cents per mile. Use of our heavy duty cargo van is charged at a daily rate of $30 /day, in addition to the above mileage rate. Purchased Services and Equipment All purchased services and Equipment are invoiced at actual cost plus 10% handling. These include, but are not limited to, reproduction, computer time, long distance telephone, rented or leased equipment, purchased equipment and expendable supplies. Terms Invoices are submitted monthly for all services rendered during the previous month, and are payable "Net 30 days." Late payments will incur interest at one and one -half (1'/i) percent per month from the original date of invoice. Equipment Rental Greystone owned equipment or supplies will be charged to the job at rates established by the latest Greystone in -house supply list. RATES /C/02- 21- 95(7:42am) SOUTHERN PACIFIC REAL ESTATE ENTERPRISES* 1515 ARAPAIIOF S1 ELM - ONE PARK CFMMI, TOWER 1, ROOM 987 - DENVER, 00 80202 - 7F1_ (303) 634 -2373 - FAX (303) 614 -2199 GARY H. HUNT District Manager In reply, please refer to: January 5, 1995 City of Pueblo A Munici al Corporation ATTENTION: The Honorable Joyce Lawrence President of the City Council One City Hall Place Pueblo, Colorado 81003 RE: Right -of -Entry Permit for Environmental Assessment (Southern Pacific Transportation Company Freight Depot) Dear Ms. Lawrence: The Southern Pacific Transportation Company, a Delaware Corporation (hereinafter referred to as "Permittor'), hereby permits and authorizes the City of Pueblo, a Municipal Corporation and its employees, a ents, contractors, and consultants (hereinafter referred to collectively as the "Permittee ") o enter upon Permittor's propert y located at "B" Street and Victoria Street in Pueblo, Colorado, and known as the Freight Depot and its grounds (the "Premises ") as depicted on Permittor's Exhibit "A" dated January 5, 1995, attached hereto and ma�e a part hereof, subject to all licenses, easements, encumbrances, and claims of title affecting the Premises and upon the following terms and conditions: 1. This permit is for Permittee's exclusive use and is not assignable except upon written consent of Permittor. It is hereby given to Permittee solely for the purposes of evaluating and inspecting the Premises to determine the existence, presence, and extent of any underground storage tanks, lead based paint, asbestos, and of hazardous substances in or about the Premises prior to Permittee initiating any activities leading toward the possible purchase of the Premises by Permittee. 2. This permit shall be effective and permit access to the Premises during reasonable times and as often as necessary for a period of 120 days from the date of acceptance by the Permittee as indicated below, and shall automatically terminate thereafter. Notwithstanding the term hereof, Permittor reserves the right to revoke this permit at any time prior to termination upon seventy -two (72) hours advance written notice from Permittor to Permittee. 3. In order to determine the existence. presence, and extent of any underground storage tanks, lead based paint asbestos, and of any hazardous substance in, under, upon, or about the Premises and to determine whether there exists any other adverse environmental condition upon the Premises or emanating therefrom, Permittee shall have the right, during the period described in Paragraph 2 hereof and at Permittee's sole cost and expense to conduct such studies, inspections, evaluations audits, environmental assessments, and surveys (hereinafter collec {ively referred to as "environmental site assessments') as Permittee deems appropriate, subject to the terms and conditions contained elsewhere herein and to the following additional terms and conditions: A. Permittor shall not employ engineer, consultant, or other reasonable objection. A list of key personnel is attached C:\WP51 \G H WRU.bb.ROE upon the Premises any employee, person to whom Permittor shall have Permittee's proposed consulter hereto and incorporated here City of Pueblo ATTENTION: The Honorable Joyce Lawrence Page 2 January 5, 1995 reference as Exhibit "B ". Permittee shall not allow any substitution of such consultants or key personnel upon the Premises until and unless five (5) days prior written notice has been given to Permittor and no written objection has been received. B. Provided that Permittee has received express prior written consent from Permittor allowing Permittee to perform or permit the performance of any tests, water samples, or any other test or sample of an kind y on the Premises as contemplated in Section 3J hereof, Permitor shall have the right to be present at all times when Permittee is performing activities upon the Premises and to observe all sampling, physical tests, and procedures performed upon or about the Premises in connection with all environmental site assessments and, upon request, to obtain split samples of any material or substance removed for off -site testing analysis. With respect to any subsurface excavation, bore testing, or drilling, Permittor shall have the right to review and approve the number type, extent, and location of such excavations, monitoring wells, or &rifling upon the Premises. C. All written reports, evaluations, and environmental site assessments produced by any of Permittee's consultants (other than its attorneys) in connection with any cnvironmentai site assessments of the Premises whether preliminary, interim, or final in nature) shall be submitted to Permittor concurrently with the submission of the same to Permittee. D. Prior to the issuance of any final report by any of Permittee's consultants which will set forth any "baseline" determination affecting the Premises and /or any recommendations relating to the removal, remediation cleanup, or containment of any hazardous substance, Permittor shall be given the opportunity to make comments, ask questions, and offer recommendations to the consultants preparing such reports provided that Permittor contemporaneously advises Permittee of its comments, questions, and recommendations directed to such consultants. E. Permittee agrees to make reasonable efforts to conduct environmental site assessment activities upon the Premises in a manner so as to minimize interference and disruption of the activities of Permittor and Permittor's lessees. F. Permittor acknowledges that Permittee is a governmental entity and provides various functions relating_ protection of public health, safety, and welfare. Permittor -further acknowled that the environmental site assessment upon the Premises is being funded with the aid of federal financial assistance which subjects the funded activities to applicable state and federal regulations. Consistent with the foregoing, Permittee agrees that, except as otherwise required by law or applicable financial assistance requirements and regulations Permittee and its consultants shall maintain in confidence any and all information, re orts, evaluations, and environmental site assessments based upon information acquired pursuant to this instrument. Except as otherwise required by law or applicable financial assistance requirements or regulations, neither Permittee nor its consultants shall make any disclosure of such information, reports, and environmental site assessments to any other party without the prior written consent of Permittor. Permittee hereby agrees that, if Permittee believes that it is required by law, or applicable financial assistance requirements or regulations, to report the results /findings of its environmental site assessment to any f ederal or state regulatory agency, it will first provide written O:1 W P511G H HtPU 6b b.RO E City of Pueblo ATTENTION: The Honorable Joyce Lawrence Page 3 January 5, 1995 notice to Permittor and give Permittor and Permittor's environmental attorneys /consultants the opportunity to participate in making such report to any federal or state agency. G. Under no circumstances shall Permittee be liable or responsible for any containment, mitigation, remediation, removal, or cleanup with respect to any preexisting condition discovered or revealed by its activities pursuant to this instrument; provided, however, that Permittee shall, at its own expense, dispose of samples and hazardous materials removed by Permittee from the Premises and correct or repair any physical damage to the Premises directly related to its activities, including the plugging of bore holes and monitoring wells, if any. H. Permittee shall make its consultants and agents performing activities contemplated by this instrument aware of the requirements of this instrument and contractually bind said consultants and agents to its terms. I. Permittee's obligations under this Paragraph 3 shall survive any termination of this permit. J. Permittee shall not perform or permit the performance of any soil tests, water samples, or any other test or sample of any kind on the Premises without the express prior written consent of Permittor which may be granted or withheld in the sole discretion of Permittor. If Permittee requests the consent of Permittor to any such test or sample, Permittor, as a condition to considering whether to grant or deny consent, may require that Permittee furnish Permittor with (i) Phase I Report of the Premises performed to ASTM standards or similar standards approved by Permittor, (ii) detailed plans concerning the proposed test or sample which shall' include proposed locations where tests or samples are to be made or taken and the type of tests or samples to be made or taken, and (iii) questionnaires) fully completed by all owner(s) of property abutting thhe Premises (except Permittor) in the same format as attached blank questionnaire designated as Exhibit "C ". If Permittor grants consent to any test or sample, Permittee agrees that the applicable test or sample shall be made or taken in compliance with any detailed plans applicable thereto and /or conditions imposed by Permittor applicable thereto. 4. All costs related to Permittee's operations upon the Premises shall be at Permittee's expense and all work by Permittee upon the Premises shall be performed in a good and workmanlike manner satisfactory to Permittor. Since there is the possibility of the existence of pipelines or other structures beneath the Premises, if Permittee should excavate or drill, then Permittee's forces shall explore for such structures with hand tools to a depth of at least eight feet (8') below the surface of the ground or, at Permittee s option, use suitable detection equipment prior to drilling or excavating with mechanized equipment. Absence of markers does not constitute a warranty by Permittor of no subsurface installations. 5. Any open holes excavated drilled, or otherwise caused by Permittee shall be satisfactorily covered at all times when Permittee's forces are not physically working in the actual vicinity thereof. Upon completion of work, all holes will be filled in to surrounding ground level with clean, compacted earthen material and the Premises left in a neat and safe condition satisFactory to Permittor. C:1WP51 %GHH1P-- bIo.AOE City of Pueblo ATTENTION: The Honorable Joyce Lawrence Page 4 January 5, 1995 6. Upon request of Permittor, Permittee shall furnish Permittor, without cost or charge therefor, a copy of finalized data obtained by Permittee from studies or surveys conducted upon the Premises. 7. Permittee shall fully pa for all materials joined or affixed to the Premises, and shall pay in full all persons who perform labor thereupon. Permittee shall not suffer any mechanics' or materialmen's liens of any kind to be enforced against the Premises for any work done or materials furnished at Permittee's request. If any such liens are filed thereon, Permittee shall immediately remove the same at Permittee's own expense, and shall pay any f udgment which may be entered thereon or thereunder. Should Permittee ail, neglect, or refuse so to do, Permittor shall have the right to pay any amount required to release any such liens or to defend any action brought thereon, and to pay any judgment entered therein; and Permittee shall - be liable to Permittor for ail costs, damages, reasonable attorney's fees, and any amounts expended in defending any proceedings or in the payment of any of said liens or any judgment obtained therefor. Permittor may post and maintain upon the Premises notice of nonresponsibility as provided by law. 8. Permittee shall release, defend and indemnify Permittor from and against all liability, cost, and expense for joss of or damage to pro erty and for injuries to or death of any person (including, but not limited [o, the property and employees of each party hereto) when arising or resulting from the use of the Premises by Permittee, its agents, consultants, or employees. 9. A. In conducting its activities upon. the Premises, Permittee shall comply, at Permittee's expense, with all applicable laws regulations, rules, and ord whether now existing or hereafter adopted' including, without limitation those relating to construction, signage, health, safety noise, environmental protection, waste disposal, and water and air quality. At Permittoes request, Permittee shall furnish satisfactory evidence of such compliance. B. Should any discharge, leakage, spillage, emission, or pollution of any type occur upon or from the Premises as a direct result of Permittee's activities upon the Premises Permittee shall, at its own expense, promptly contain and remediate such discharge, leakage, spillage, emission, or pollution to the satisfaction of Permittor and of any regulatory having jurisdiction therefore; pprovided, however, that Permittee shall have no obligation whatsoever to otherwise undertake any removal, remediation, cleanup, containment, or further study of any hazardous substance discovered by Permittee to be existing upon or emanating from the Premises or otherwise with respect to any release or threatened release of hazardous substances therefrom. 10. Any person, firm, or corporation Permittee authorizes to work upon the Premises shall be deemed to be Permittee's agent and shall be subject to all the applicable terms hereof. 11. A. Permittee is hereby required to give five (5) days' advance notice of the date Permittee elects to enter upon the Premises. Said notice shall be to the undersigned by telephone at (303) 634 -2373 and to Permittor's Environmental Project Manager, Mr. Bob Taeger, at (214) 770 -4363, and then confirmed by lett er to the above address. B. If any facility of Permittor is endangered by Permittee's work, Permittee shall immediately, notify Permittor at the above numbers and, in the event any of Permittor's facilities is damaged as a result of Permittee's operations upon the Premises, Permittee shall promptly reimburse Permittor for all reasonable costs incurred to repair or replace the facility so damaged. 12. By signing this permit, Permittee acknowledges that any and all maps, feasibility or marketing reports, environmental site assessments, engineering C:1WP57 W H"%PU".ROE City of Pueblo ATTENTION: The Honorable Joyce Lawrence Page 5 January 5, 1995 studies, and other information of any type that Permittee has received or may receive from Permittor or its agents are furnished by Permittor with the express understanding that (I) Permittee shall make an independent verification of the accuracy of any and all such information, and (ii) all such information was or will be furnished without any warranty whatsoever. Permittee agrees that it will not attempt to assert any liability against Permittor and /or its agents for furnishing such information. Furthermore, such information furnished by Permittor or its agents to Permittee shall be treated with same confidentiality as information developed by Permittee pursuant to terms of this permit. 13. The parties acknowledge that, at the time of execution of this instrument, no negotiations have occurred whatsoever regarding Permittee's possible purchase of the Premises and that no commitment of any kind has been made by Permittor to sell the property to Permittee. The parties agree that, in the event purchase negotiations occur after the date of this instrument, such negotiations may be terminated by either party at any time and for any reason or for no reason. It is further agreed that Permittee's consultants shall be third party beneficiaries of this paragraph and entitled to assert sane as a defense to any claim based upon information the consultant supplied to Permittee. 14. As portions of the Premises are presently occupied by Permittor's tenant(s), it shall be Permittee's responsibility to obtain said tenants) ppermission before entering he Premises. The name(s) and address(es) of Permittor's present tenants) is (are) listed on the attached Exhibit "D" If Permittee agrees to the foregoing terms, Permittee's authorized officer should endorse Permittee's acceptance on the attached copy of this letter and return to undersigned, If the endorsed cop is not received within thirty (30) days from the date of this letter, this permit shah automatically terminate. Very truly yours, N ame: Gar, H. Hunt ~ Title: District M anager AGREED TO AND ACCEPTED THIS DAY OF January , 1995. CITY OF PUEBLO A Munici al Corporation of the to of Colorado By ce Ch ristian Weaver President of the City Council •A Division of Southern Pacific R&O Corporation CAW P31 %C H Mpti �bb.RO E LIST OF PROPOSED ENVIRONMENTAL CONSULTANTS Sherman J. Worthington, P. E. Proj. Mgr., Environmental Div. Water, Waste & Land, Inc. Consulting Engineerings /Scientists Creekside Two Building 2629 Redwing Road, Suite 200 Fort Collins, CO 80526 PH. (303) 226 -3535 Loren R. Hettinger, Ph. D. Senior Ecologist Dames & Moore 1626 Cole Boulevard Golden, CO 80401 -3387 PH. (303) 232 -6262 FAX: (303) 239 -9932 Alex J. Fisher, M. S. Hydrogeologist /Sr. Project Mgr. Delta Environmental Consultants, 2637 Midpont Drive, Suite F. Fort Collins, CO 80525 PH. (303) 493 -0800 FAX: (303) 493 -0395 Dave Peters, Engineering Tech. EnecoTech, Inc. Environmental Consultants 1580 Lincoln Ave., Suite 1000 Denver, CO 80203 PH. (303) 861 -2200 FAX: (303) 861 -2201 Dennis R. Phipps, General Mgr. Occupational Health Technologies, Lab 2802 JanitelI Rd., Suite A Colorado Springs, CO 80906 -4103 PH. (719) 540 -8511 FAX: (719) 540 -8541 John W. Grosskopt I11, P.E. Royal Corporation The Royal Building 875 Delaware Street Denver. CO 80204 PH: (303) 534 -5626 FAX: (303) 534 -6020 Stuart Richardson, Manager Ecology & Environment, Inc. 1776 South Jackson Denver, CO 80210 PH: (303) 757 -4984 Bill Hill Greystone Develop. Consultants, Inc. Inc. 5990 Greenwood Plaza Blvd. Suite 104 Englewood, CO 80111 PH (303) 850 -0930 John C. Murray, Ph. D. Manager, Environmental 'Audit Div James P. Walsh & Associates, Inc. Environmental Scientists 1002 Walnut Street P. 0. Box 2003 Boulder, CO 80306 -2003 PH. (303) 443 -3282 Elizabeth Roth, Marketing Inc. Environmental Science /Engineering Inc. 2 Inverness Drive East 7201 Englewood, CO 80112 PH. (303) 790 -0770 EXHIBIT "B" s EXHIBIT "C" PhwtI aviro==tal Sit. t Field Sm= • Ii / ♦h• t • .1• • • • • •• 11 0 - O ; - mqljk qOW wtw• • t • • . �• It ' • . .r • 1..:•1 &east,, • . r_ • 1 t 1 1 • 1 11.11 Y- �.: `•f! � A • • w� • • • A w , f+ • !! St -•i•1 ♦ • 1Vttti '•r ••.•, r • •.• ' • cur •r_,�� ! • ft dt • t ._._,Yes No____UnkWn (1) Is the Propmty or any Adjoining PrQpetty n=d for an industrial use? Yes--No.,_.Unkwn (2) To ttbc best of you knowiedm bm the Property or Adjoining ProPmty been used for in indnstdaI nse in the past? ,_.- 7tes___,t'lo..._TJak , u (3) Is tote Property or aq Ad ainin pity used as a gasoline elea� a d or 19m ar as a wage tmatm=t, storage,, dispomL p m"miag. cnrregmling facMty? '•� • 11 t • 1 • .� tl • t1 •1 • . .• • 1 !1. • • w •• . ! ' • •'11 1 � ••• i • i+r �• � •l. �•1.IIt •nlft •11 r1 • �• • .r • • 1.1 1 • •. .11 r • • • • r 1 r' 111 w 1 • •. Phase I - Sett m Qtxstiounmre Pap 1 ► c� ..• •. • . •. • •. ►�. of •n .••• .•g •. ... b ca Fm vkuS j y, an op=atims at •. pzvp •r . t • • d ice f-. ty w hich . proc s t ma r g g a or h= o • t •.. Ia/ •t j n&vidual contain= of g=tzr th= f ga I l = in Iv ol=r , or fifty gRU4 I •r •• & x./ be= pmviously my au • • or hu hmtW • .ono... i n s qu=ddes or pesti ► at► w or otbcr ch=nk4U i n indyid t he J - •J•1.• s6oz • I or •.• at the ? Or • Jtt1 1 t he fa Yes_Uo__._Unkw r (7) Aro them eurrentiy, or to the best of y= knowledge have tb= beta ptvIou4y, any ia� timms (tYPacallY 55 gallon) or sa0 of chedcals located on the Prvpetty or at drz fmcilit)e- ..+•.1.t -... .. t. t Nat •Y1 . I• S"'if4f W11C ► / . • t tee f/ • • • . ' • — Yes Unkwn (10) Are tlure c=ampy, or to the best of yair kwwIedge have tyre been previously, any bciaaators, Injection Wells, Transfer Stations, Waste Reepclmg Operations, Wa= Trcatm,e w Datwffm ion, or Land Nsposal Amu located oa the Pmpety in evnnoetietn with waste: trcuftuoat or wash dispoW? _._.Yes_ No Unfcwn (I1) Is tb= ==tiy, ar to the beast cf your kwo vkdgt has thm been pte vicusly, arty seined sal an the Froputy? ,_,_Yes,No_,Unkwa (12) Are thue ea z=fly, or to the best of your knowledge have tbm born pmviomly, nay r9jmtc=d . er unc+egi.ttesrd above or nndc7grotmd swap talcs located on tbe. Property? — Yes Unkwn (13) Are them currmtly, or to tba best of your kuowledro haPc t m been previously, any Year pipes, EH pipes or a== ways ind mdug a fill pipe protruding from the ground on the Property cr adjacent to any strnrntre located oa the Property? Fhzsa I - FIL4d Screen Qomdomajm PW 2 w • . A rc t hem mlin • •. •w O •11 k•• • • • ha t hem been prmously a r.l.• any c m • r'• f bu n ____Yes__ o Unkwu (15) Are them curdy, or to the best of Y= Smowlcdgc have there been ymvl xzly, day noadn& draiw, or walls loczxd within the f=lity that ve stained by substan= other than water, or anc crostdag font odoaa? •• • •• { 11 r• .$I •: / :.•t 1•.rt111t ./ t• Ir i • f• Ib •• • • r• • of • { • • ••=• v. l L=I • • •rr tar• t • ■ • - o .. • i. • Dcc3 t ho Ow or ..•r.r of 1 F mpert y hm aa ft • r•: an • or ftfflty that hxffcpted the pme= of Haudom Subs== or & R w d w mw o the • • e 1 D•.s the Ow= or Ow4 of t he ••a m/•• of • .•1.w r a m l e a se or ffireaftwA rek= o =•ry Hazar owner or 0=4"Zt? .._Yes Na Uakwn (21) Dcxs the PmpcM d vjwV waste w*r other dean steam water, ciuE:dY to a ditch or stream on or adjacent to the Ptopetty? Yes_.�Io Unku+n (22) To tha best of yoar bwwIedge, have any Hazardous Fhue I - Field Screen Qu esdoanaira Page 3 Yes Yo Uakwn (24) To lbo best of yoar knowledge, in the past or the p=t tt have nay ra lih tracks or maroad right -of -ways been 1=,ted vn, or adjacent to the Property? n • / • •.w 1 / n•••.- ..• « • •. • t • •• 1 • t• A• � -• n.r • � •rR• •1 • •••.. •.r1 -• a �• •1 • • •. • w1 �. • •/ / u 1u tren • f s J .r t • 1 1 , A rc tb= •r• w/l Of •• t he • o • •. k nn M ed g e , • .w 1 Ow= or Cpmwor of the hopetty been rcqohvd prfiotWy to H w I a nd Ha =d6w «b .. krvedor •r Lw1.1 •► i • 11 1{ ••. •. .= 1 • • C xmmmifty Ri gh t - t o-Know r hm= SARA M I• r = Rcsp= • • • ••.a / t •• .,._._Yes_—Xo Unkwn (28) To the best of your knowledge, does the Pmpegy c untritly fall within the auspices of Department of Houd g and Uri Development (HM) supplied fur4iag, or is a rice of zac=e revrnue direcdy derived from, supplied. cr gun mtwd by HIM? Pfiasc I Field Screen Qu=tionnai m Page 4 1 . .. ../.. . • .. -t via: In Puson _Tckphone ccavessaiioa ____Sent Rzgistcrcd mail wx This guasdonnairc was ans wered by: sign2l=: Tom Date: u t - �• • • / ..� Uf / fr •• fY • •111 rtrf • Nanz� Siigaatun: Data Pmjoct Numb None: this Field Transdon Scrag Q=tionnaim is bmd upon ft , Amrscan Society of Testing and Materials Ttaasacttoa Sate F- 50.02.1 and the State of TIEcais F.uvironm,ertd Disclosure Document for Trvufcr of Real Propt ty. Phase z - Reid Scrten Qucstiom2&fre Page 5 I w LIST OF TENANTS D &RG14 Freight Depot Union Pacific Railroad Company 301 Pest "8" Street Pueblo, CO 81003 Corporate Office: Contact - Mir. Dick l,Ihite. (719) 549 -6256 Union Pacific Railroad Company Room 1100, 1416 Dodge Street Omaha, NE 68179 (902) 271 -3753 EXHIBIT "D"