Central Garage Remediation Project GR E[ENFIELD.
Post Office Box 677
Salina, Kansas 67402-0677
Phone (785) 822-0900
CONTRACTORS, INC. Fax(785)826-9508
ENVIRONMENTAL PROFESSIONALS
September 30, 2002
Shawn O'Leary
City of Salina Central Garage
418 East Ash
Salina, Ks 67401
Re: City of Salina Central Garage
KDHE U5-085-00740
Dear Mr. O'Leary
Per the enclosed instructions from the Kansas Department of Heath & Environment (the KDHE),
GreenField has been directed by the KDHE to issue documents for you regarding the
remediation project at your site. GreenField is very experienced in these matters and has
completed many environmental remediations in behalf of the KDHE. We look forward to being
of service to keep you in compliance to assure KDHE funding for you on this project.
1 Enclosed please find the agreement (original and 2 copies) pertaining to this matter. We
kindly request that you sign the document(s) in the several places marked and return the original
to us.
2 Section #1 of Mr. Trimble's letter from the KDHE requires you to notify him that you
have engaged GreenField. By sending Mr. Trimble the second signed copy of the document,
you will fulfill that notification requirement. The third copy is for your files.
3 We have also enclosed a"Request for Reimbursement Form" which is completed except
for your signature and federal I.D. number (or social security number). Please complete those
items and return the form to us for our further handling with the State.
We hope to visit you in the near future and discuss any matters and concerns you may have
regarding this project. In the meantime, please feel free to telephone myself, Tim Pace, or
Robert Pace at the number on this letterhead should you have any questions.
Sincerely,
Betty Ab
GreenField Contractors
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City of Salina Central Garage
KANSAS
DEPARTMENT OF HEALTH & ENVIRONMENT
BILL GRAVES; GOVERNOR
le
cam.' Clyde D. Graeber, Secretan'
September 18, 2002_
Shawn O'Leary
Dis.Of Engineering&General Serv.
PO Box 736,Room 205
Salina, KS 67402-0736 •
RE: City of Salina Central Garage
418 East Ash St.,Salina
KDHE Project Code: U5-085-00740
Dear Mr. O'Leary: -
Enclosed is information pertaining to the approved bid for this site. Also enclosed are copies of all Project Information Sheets
submitted for this Bid. Based upon our review, the lowest approvable amount for scope of work outlined in the Site Remediation Plan
(SRP)bid package is S 125,98850. KDHE will reserve this amount for you and reimbursement will be authorized only for actual costs
• incurred in accordance with the bid package not to exceed the lowest approved amount.
To maintain eligibility for financial assistance,you must comply with the provisions outlined in your Consent Agreement(CA)
with KDHE and follow the schedule below. If you fail to comply with the CA or meet deadlines you will be responsible for 100%of
corrective action costs.
I) Within two weeks,hire a consultant to conduct the work. Notify KDHE,in writing,when they have been hired and submit a copy
of their contract with the notification. Provide the name of the facility,the site identification number(both are listed above),and
the name of the consultant. If you hire someone other than the consultant who submitted the lowest approved bid,they must meet
all qualifications outlined in the bid package.
2) Your consultant must complete the SRP Implementation Schedule and submit it to KDHE within 30 calendar days after you have
signed the contract with them. To avoid missing deadlines and jeopardizing your eligibility for financial assistance,it is strongly
recommended that you notify the consultant immediately upon receipt of this letter.
3) The scope of work outlined in the bid package must be completed within the time frame stated in the bid package.
Your cooperation is greatly appreciated. If you have any questions please don't hesitate to contact me at(785)296-5625.
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Respectfully,
Mickey Trimble
Public Service Executive II -
Bureau of Environmental Remediation
pc: Scott Lang,NCDO
Pat Casey, Staff Attorney -
David Caldwell
Site File(SRP APPR)
Q:\Tanks\Trust Fund Program\Bids\Process\Bid Approvals\Bid Approval SRP.wpd
DIVISION OF ENVIRONMENT
Bureau of Environmental Remediation
1000 SW Jackson, Suite 410 Topeka, KS 66612-1367
(785)296-1678 Printed on Recycled Paper FAX (785)296-1690
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ATTACHMENT G
AGREEMENT Page 1 of 2
This AGREEMENT entered into between C / T m/ p
/971/Lf/9- c (OWNER/OPERATOR) hereinafter referred to as the
0/0; and CpcE,v 'ez o l'a,YTgsJc- on.J , /N C. (VENDOR),
hereinafter referred to as the Vendor.
WHEREAS, the Ci TV of SHL/A)
Underground Storage Tank consulting and testing services at (O/O) in need of
C2�irq L G 19/9/716 E, .4 Jh'. J9.</.fi4 /Cgand
WHEREAS, the 0/0 has requested bids from qualified firms to provide said
services, and
WHEREAS, the Vendor is qualified to provide the required services.
It is therefore mutually agreed as follows:
1. The Vendor shall perform all services called for under Request for
Proposal in accordance with the specifications called for in said RFP.
A copy of said RFP is attached hereto and incorporated herein.
2. The 0/0 shall compensate the Vendor for its services under the
terms and conditions of said RFP in the amount of $ j as 5,58.Sn ,
with payment to be made upon successful completion of the Project.
3. The provisions found in the Contractual Provisions attached hereto
and executed by the parties to the AGREEMENT, are hereby
incorporated in this AGREEMENT and made a part hereof.
IN WITNESS. WHEREOF, we have hereunto set our hands below on the
date specified.
Ca3 v2_
ate (. :. •
at
Owner I'.erat.r
Date Vendor
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• ATTACHMENT G
Page 2 of 2
CONTRACTUAL PROVISIONS
Important: This form contains mandatory contract provisions and must be attached
• to or incorporated in all copies of any contractual agreement If it is
attached to the Vendors standard contract form, then that.form must be
altered to contain the' following provision:
"The provisions found in the Contractual Provisions, form # 0/0
101, 7/92, which is attached hereto and executed by the parties to
this agreement, are hereby incorporated in this contract and made
a part hereof
The parties agree that the following provisions are hereby incorporated into the contract
to which it is attached and made a part thereof.
1. TERMS HEREIN CONTROLLING PROVISIONS
It is expressly agreed that the terms of each and every provision in this attachment shall
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prevail and control over the terms of any other conflicting provision in any other document
relating to and a part of the contract in ditch this attachment is incorporated.
2. AGREEMENT WITH KANSAS LAW
All contractual agreements shall be sttject to, governed by, and construed to according to
the taws of the State of Kansas.
3. ANTI-DISCRIMINATION CLAUSE
The Vendor should comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq)
and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 at seq.) and to not
discriminate against arty person w o performswork hereunder, because of race, religion, color,
sex, physical handicap unrelated to stub person's ability to engage in this work, national
origin or ancestry', or age.
4. ACCEPTANCE OF CONTRACT
This contract shalt not be considered accepted, approved or otherwise-effective until the
required bonds and insurance certificates are received by the 0/0.
S. REPRESENTATIVE'S AUTHORITY TO CONTRACT
By signing this doom,, the representative of the Vendor hereby represents that he/she is
duly authorized by the Vendor to execute this eke meat on behalf of the Vendor and that the'
Vendor agrees to be band by the provisions thereof.
6. RESPONSIBILITY FOR TAXES
The Owner/Operator will not be responsible for, nor indemnify a Vendor for, any federal, state
or local taxes which may be imposed or- levied upon the abject matter of this contract.
Date
Omer/Operator
Date • Verr
J
L
Form # 0/0 101, 7/92
. .i I£WLiIi Vitt 01 .-Mak-It 1 Aft. RELEASE TICU6I FUND KDHE RFR#i
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REQUEST FOR REIMBURSEMENT FORM
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You must have applied and been admitted to the Trust Fund and signed a Consent Agreement with KDHE before Office Use Only j
requesting reimbursement for corrective action expenses. All corrective action procedures and costs must be
pre-approved in writing by KDHE Trust Fund Staff.
INSTRUCTIONS
1. All blanks must be completed 7. Timesheets for field work must accompany applicable
2. If an item doesn't apply, write "N/A" invoices. (Monitoring and OMM field work excluded)
3. Use the correct KDHE Site Code and Name. When required, they must be signed by the consultant
4. All invoices must be in the correct KDHE format and the owner/operator.
5. An extra copy of this form and all supporting 8. Please print neatly or type.
documentation must be submitted. 9. Sign and date this form in Section 3.
6. If canceled checks are being submitted as proof of
payment, two front and back copies must be submitted.
SDCTiION+I;'LQWNER/OPPR 1tTQR INIONi lot ilOMA.TIQN
or JAL , vy
A. KDHE Site Code: (I S - 0 8 SI - D 07 �/n I b Site Name: r E 7-/l A L 6,9,e/9 St.—.
Daytime Phone
Owner/Operator Name: C/73/ pF ,_ 4Z,/y4, /C J Number: 'Apr--3 07, 5-72
(Nam of person or business to appear on the reimbursement check)
C. Mailing Address: P.O. Box 677 Salina KS 67,101
(Address to which check will be sent) (City)
(State) (Zip)
D. Social Security No. (SSN) or Federal Employers I.D. No. (FEIN): 4/7_ 60/7.2, f
E. Name of Co-payee: Greenfield Contractors, Inc.
(Name of consultant performing corrective action work-if applicable)
F. If this is being submitted by the consultant as the Attorney in Fact for the applicant, check here: x
3ECPP14 �RIt1IlYIBi1R$?..71 P�ITn33YE(O
I. DATE OF INVOICE: List the invoices separately and in chronological order.
2. INVOICE NUMBER: Thi number of the invoice, if available.
3. AMOUNT REQUESTED: The amount you are requesting from each invoice.
4. CANCELED CHECK NUMBER: If the invoice has been paid, provide the number of your canceled check.
5. TOTAL AMOUNT: The total amount requested for all invoices.
(1) Date of Invoice (2) Invoice Number (3) Amount Requested (4) Canceled Check No.
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(5)Total Amount Requested:
SECTION 3. AUTHORIZATION
I certify that, to the best of my knowledge, the amount of reimbursement requested reflects actual corrective action conducted at
the site shown in Section I of this form. I understand that knowingly submitting false information to obtain reimbursement from
the Petroleum Storage Tank Release Trust Fund may resul n criminal prosecution.
71:7
,t,j f 0
( �/rut or Type Applicants Name) (Applicant's Signature) (Date)
SUBMIT THIS PACE TO KDHE- ADDITIONAL INFORMATION ON NEXT PAGE
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GREENFIELDe
Post Office Box 677
Salina, Kansas 67402-0677
Phone (785) 822-0900
CONTRACTORS, INC. Fax(785)826-9508
ENVIRONMENTAL PROFESSIONALS
AGREEMENT
THIS SERVICES AGREEMENT, Made and entered into October I, 2002, by and between
GreenField Contractors, Inc., its heirs, assigns, and successors; of Salina, Kansas (hereinafter
"GreenField Contractors, Inc."), and City of Salina, Kansas, P O Box 736, Room 205, Salina,
KS 67402-0736 (hereinafter "the client").
WITNESSETH:
WHEREAS, GreenField Contractors, Inc. is engaged in the business of performing
general construction, environmental services, and\or consulting, and Client desires to employ
GreenField Contractors, Inc. to perform such services on the real estate described and referred to
on the attached Exhibit "A" which is by reference made a part hereof and incorporated herein
(hereinafter "the Property"); and
WHEREAS, GreenField Contractors, Inc. and the Client desire to enter into this
Agreement (hereinafter "Agreement") to set forth the terms and conditions of such employment:
NOW, THEREFORE, in consideration of the above and foregoing, and the mutual
covenants hereinafter set forth, GreenField Contractors, Inc. and the Client hereby agree as
follows:
1. DEFINITIONS: GreenField Contractors, Inc. and the Client hereby agree that the
following definitions will apply for purposes of this Agreement:
(a) GreenField Contractors, Inc. means GreenField Contractors, Inc. of Salina,
Kansas, its officers, employees and agents.
(b) Client means and City of Salina, Kansas, P 0 Box 736, Room 205, Salina, KS
67402-0736 agents, representatives, officers, and employees.
( c) "Owners Representative" shall mean the representative of the owner as defined in
the KDI-IE's Bid Project Proposal attached hereto and made a part hereof.
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2. SERVICES: The Client hereby agrees to employ GreenField Contractors, Inc. to
perform certain services. The specific nature and scope of the services to be rendered by
GreenField Contractors, Inc., may include, but not be limited to construction, drilling, laboratory
testing, consulting, and\or equipment installation and are set out on the attached Exhibit "A"
which is by reference made a part hereof and incorporated herein.
3. COMPENSATION: In consideration of the services set out in Paragraph 2 and
Exhibit "A", the Client hereby agrees to pay to GreenField Contractors, Inc. for said services an
amount of$125,988.50 (One Hundred Twenty Five Thousand Nine Hundred Eighty Eight
& 50/100) . Amounts due GreenField Contractors, Inc. by Client are due and payable by the
Client upon completion of said services by GreenField Contractors, Inc. Balances due
GreenField Contractors, Inc. but unpaid thirty days from the date of the invoice(s) shall accrue
interest at the maximum legal rate permissible or eighteen (18%) percent per annum. Legal fees
incurred by GreenField Contractors, Inc. to collect past due balances shall be reimbursed by
Client to GreenField Contractors, Inc.
This contract specifically excludes and does not pertain to any future and yet to be specified
additional environmental services including, but not limited to; construction, monitoring, and\or
laboratory testing laying outside the scope of the work detailed in Exhibit "A" at the property
that may be required in the future beyond the termination timetable set forth in the KDHE's
Request for Proposal bid attached hereto and made a part hereof. Future additional
environmental services may include, but not be limited to; construction, monitoring, and\or
laboratory testing work, if so mandated by the KDIIE and laying outside the scope of this
agreement, then they will be addressed under a separate and future contract between Client and
GreenField Contractors, Inc. and subject to any pricing, terms, and conditions imposed by the
Kansas Department of Health& Environment. Contract terms and conditions between client and
GreenField Contractors, Inc. for those environmental services shall essentially conform to the
format of this contract but will be written separately and apart from this agreement.
4.) DISCLAIMERS AND LIMITATION: GreenField Contractors, Inc. and the
Client hereby agree that this Agreement is subject to the following disclaimers and limitations:
(a.) GreenField Contractors, Inc. disclaims any and all liability for errors or
omissions resulting from: (1) the receipt of false or inaccurate information; (2)
facts which could not have reasonably been discovered through the exercise of
due care or diligence: or (3) acts of any third party not under the control of
GreenField Contractors, Inc., including independent testing facilities engaged by
GreenField Contractors, Inc.
(b.) GreenField Contractors, Inc. makes no representations or warranties
regarding the accuracy or reliability of the services performed herein to any party
or person, except for the Client. Client agrees not to disclose the information
derived from these services to any third party except as may be required by law.
(c.) Materials, supplies, and\or equipment stored or installed on the clients site will
NOT be insured by GreenField Contractors, Inc. against loss. It is mutually
agreed that said materials, supplies, and\or equipment and\or equipment delivered
to Clients site shall be insured against loss by the Owner and\or the KDHE.
Further, GreenField Contractors, Inc. will not provide Builders Risk insurance and
the risk for loss during the construction phase and thereafter shall be borne by the
Owner and\or KDHE.
5.) TERMINATION OR MODIFICATIONS: GreenField Contractors, Inc. and the
Client hereby agree that the rights and duties arising under this Agreement may be modified or
terminated only by a written agreement executed by both parties hereto. Not withstanding the
foregoing, GreenField Contractors, Inc. may assign this contract in whole or part to others, and
this contract will terminate and expire one year from the date executed by GreenField
Contractors, Inc.
6.) GOVERNING LAW: This Agreement shall be governed by and construed in
accordance with the laws of the State of Kansas and shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, personal representatives, officers, agents,
successors, and assigns.
7.) KDHE FORM 101: The provisions found in the Attachment G, Form # 0\0 101,
7\92, which is attached hereto and executed by the parties to this agreement are hereby
incorporated in this contract and made a part hereof as specifications and plans.
8.) AUTHORITY TO ACT IN CLIENT'S BEHALF: I\We, the undersigned and City
of Salina, Kansas, P 0 Box 736, Room 205, Salina, KS 67402-0736 do irrevocably hereby
appoint GreenField Contractors, Inc. Services, Inc. of P.O. Box 677, Salina, Kansas the County
of Saline, the State of Kansas, to be our true and lawful attorney in fact, and also to be my\our
"Owners Representative" as defined in the KDHE's Bid Project Proposal as for and City of
Salina, Kansas, P 0 Box 736, Room 205, Salina, KS 67402-0736in my name, place and stead,
and for my use and benefit, to represent and City of Salina, Kansas, P 0 Box 736, Room 205,
Salina, KS 67402-0736 on all matters relating to KDHE project # including but not limited to
the billing, collection, endorsement of checks for payment from the KDHE, and distribution of
those aforementioned funds and to ask, demand, collect, and receive all sums of money, debts, or
other obligations of any kind whatsoever which are now or shall hereafter become due, owing, or
payable, or otherwise belongs to and City of Salina, Kansas, P 0 Box 736, Room 205, Salina,
KS 67402-0736 and to settle and compromise any such debts or obligations that may be due and
to endorse in our name on any check or note payable to me or my order given in payment of any
such debt or obligations and to take such other steps in connection with any such debt or
obligation that GreenField Contractors, Inc. may deem necessary and proper and in our name to
execute and deliver any receipts, releases, or discharges of any such debt or obligation with the
same effect as if such receipts, releases, or discharges were executed by me and City of Salina,
Kansas, P 0 Box 736, Room 205, Salina, KS 67402-0736 further gives and grants unto the
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attorney in fact full power and authority to do everything necessary and proper to be done in the
exercise of any of the foregoing powers as fully as and City of Salina, Kansas, P O Box 736,
Room 205, Salina, KS 67402-0736, might or could do if personally present, with full power of
substitution and revocation, hereby ratifying and confirming all that the attorney shall lawfully
do or cause to be done by virtue hereof and client further irrevocably appoints GreenField
Contractors, Inc. as Owners Representative as defined in the KDHE's aforementioned Bid
Proposal.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the day first above
written.
GreenField Contractors, Inc. City Of Salina, Kansas
by: By j - '. - ( I
Date • 2002
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EXHIBIT "A"
Legal description: City of Salina Central Garage, 418 East Ash Street, Salina, KS
SERVICES TO BE PERFORMED
As detailed in the KDI-[E's bid which is considered to be attached hereto and made a part hereof
at prices per GreenField Contractors, Inc. bid.
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