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HomeMy WebLinkAboutbocc.con.amended.051.2017 B-21 2017-11-13 btf NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Pitkin County Procurement Cover Sheet Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement (procurement@pitkincounty.com). If not already completed, any contracts $50,000 and over will be routed for signatures to County Manager and Attorney’s Office (if required) by Procurement. Contract Information Contract Number 051.2017 B-21 Project Name Redstone Coke Ovens Phase II Project Contractor SGM Inc. Budget Line Item 001.75.94201.86000 $ Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ $ $ $ Contract Start Date 5/1/2019 Contract End Date 7/15/2019 Renewal Yes ☐ No☒ Retainage Yes $ or % No☒ If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form. Contact Information: Department Engineering County Representative Chris Baroody - Engineering County Representative Phone (970) 920-5291 Provide a brief description of the contract: Materials sampling, testing and inspection as needed by Ground Engineering to complete the CDOT Form 250 for the Redstone Coke Ovens Phase II Project. Contract Value Summary: Original Contract Amount $ 3,500.00 Previous Change Order/Amendment Amount $ 0.00 This Change order/Amendment amount $ 0.00 New Contract Total $ 3,500.00 Procurement Method: None ☐ Informal☐ Formal ☒ Sole Source ☐ Emergency ☐ Contract Type: Services/Maintenance ☐ Construction ☐ Goods, Equipment, Supplies ☐ Change Order/Amendment ☐ Contract Renewal ☐ Other, please explain ☒ Engineering Services Contract #: bocc.con.051.2017 1 TASK ORDER Task Order/Project Name: Redstone Coke Ovens Phase II Testing Task Order Number: B.21 Task Order Budget Line Item: 001.75.94201.86000 OWNER: CONTRACTOR: Chris Baroody – Engineering Michael Fowler, Project Manager Pitkin County SGM, Inc. 76 Service Center Road 118 W. 6th Street, Suite 200 Aspen, CO 81611 Glenwood Springs, CO 81601 Phone: (970) 920-5291 Phone: (970) 945-1004 chris.baroody@pitkincounty.com mikef@sgm-inc.com PROJECT NAME: REDSTONE COKE OVENS PHASE II TESTING The Master Service Agreement for Provision of On-Call Engineering Services (the “Agreement”) dated January 18, 2017 between the Board of County Commissioners of Pitkin County (the “County”) and SGM, Inc. 118 W. 6th Street, Suite 200 Glenwood Springs, CO 81601 (the “Contractor”), shall include the following services. 1. Contractor’s Obligations. Contractor shall perform the work as described below: a. Project Description Phase II of the Redstone Coke Ovens project is a CDOT Local Agency and consists of a trail, surfacing of the parking lot and some minor earthwork. b. Work Plan GROUND Engineering will perform materials testing as identified in the project Form 250 provided by CDOT. c. Deliverables Testing results and documentation that the County can use to complete the Form 250. d. Schedule Construction to begin end of April and be completed in June. e. Costs Time and materials to be billed at current GROUND and SGM rates per Agreement. Not to exceed $3,500 for this Task Order. f. Limitations and Exclusions Materials documentation (e.g. COCs, CTRs, 157s) will be administered by the County. 2. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph 1 of this Task Order. It is expressly understood and agreed that in no event will the total compensation Contract #: bocc.con.051.2017 2 and reimbursement to be paid hereunder exceed the sum of $3,500.00 for all services rendered. By Task Order or Task Order Amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice, but any payment by the County may be offset by any amount the Contractor owes the County for any reason. Any invoices not sent in the following manner may have payment delayed. All invoices for this task order shall reference Task Order B.21 and Redstone Coke Ovens Phase II Testing. Invoices shall be sent electronically in PDF format to chris.baroody@pitkincounty.com. 3. Pitkin County’s Obligations. Pitkin County shall administer this contract through a County Representative. Chris Baroody will manage the project as the County’s Representative. The services provided and products delivered by the Contractor under this contract will be subject to review by the County’s Representatives, or a designee, for compliance with Contractor’s obligations prior to final payment. 4. Formation of Task Order. This Task Order is issued in accordance with the provisions of the Agreement. Contractor agrees to provide services subject to the terms of this Task Order and for the avoidance of doubt this Task Order consists of the terms set out in the Agreement. In all other respects the Agreement is in full force and effect and remains unchanged by this Task Order. SGM, INC.: Date PITKIN COUNTY, COLORADO: _ Chris Baroody Date May-03-2019 Pitkin County Project Engineer Mike Fowler Project Manager May-03-2019 April 29, 2019 Subject: Proposal for Quality Assurance Materials Testing Services, Redstone Coke Ovens Phase II; Pitkin County, Colorado Proposal No. 1904-0816 Mike Fowler SGM, Inc. 118 West Sixth Street, Suite 200 Glenwood Springs, Colorado 81601 Dear Mr. Fowler, Ground Engineering Consultants, Inc. (GROUND) appreciates the opportunity to prepare a proposal to perform quality assurance materials testing services for the Redstone Coke Ovens Phase II project located in Pitkin County, Colorado. It is our understanding that our scope of services will include materials testing services, specifically soils compaction testing and associated laboratory services. Please note that the services will only be provided as scheduled by the Owner, Owner’s Representative, Contractor, or applicable Subcontractors. Additional services beyond those below can be provided. Please contact this office for a fee estimate for additional services that may be needed. Our services will be completed at the rates outlined in the attached fee schedule. An overtime rate of an additional $15.00 per hour above the hourly rate will be billed for hours over 8 per day and all hours on weekends and holidays. Review and supervision will be completed at a rate of $95.00 per hour. Lab testing if required will be completed at unit rates outlined on the attached Fee Schedule. For budgetary purposes, we have provided a total fee estimate below based on quantities estimated from the CDOT Form 250 plans and an estimated scope of services to be scheduled: Soils Technician $55.00 per hour 30 Hours $1,650.00 PM Management/Meetings/Review $95.00 per hour 4Hours $380.00 Soil Modified Proctor Compaction 2 Tests @ $110.00 Gradation 2 Tests @ $60.00 Atterberg Limit 2 Tests @ $65.00 Estimated Time Laborator y Testing and Unit Billing $130.00 $220.00 $120.00 This estimate has been compiled based on information provided to GROUND Engineering Consultants, Inc. as of the date of proposal. General Conditions and Limitations of Liability have been submitted herewith, and are incorporated herein by reference. This estimate is not inclusive of any retests, nor of any changes to scope or schedule of work. $470.00 Subtotal for Labor and Time Estimate $2,030.00 $2,500.00Total Proposed Estimate Subtotal for Lab Testing and Unit Billing Redstone Coke Ovens Phase II Pitkin County, Colorado 4/26/2019 Proposal No. 1904-0816 Page 2 of 4 Service Agreement/Proposal Conditions The scope addressed by this proposal does not include geotechnical engineering services, other than any specifically identified herein. Should geotechnical engineering services be requested, including but not necessarily limited to soil bearing pressure evaluation, remedial earthwork/soil stabilization recommendations, groundwater evaluation, and assessment of soil suitability for specific uses, the Client/Owner/Contractor must realize additional time, exploration, evaluation/analysis, and costs likely will be incurred for such services. Such services would be provided under a separate scope and fee. Performing materials testing and observation services does not place the Consultant in the role of Geotechnical Engineer for the project, and the Consultant cannot assume that role unless specifically contracted to do so. You will be invoiced for the amount of services actually performed, so actual total cost may be more or less than the amount estimated above. The terms under which our services will be performed are outlined in the General Conditions that contain a limitation of GROUND's liability. This proposed estimate shall be valid for a period of 120 calendar days from the date of submittal. GROUND reserves the right to review and revise the proposed quantities and unit rates thereafter. The referenced “Fee Schedule” and “General Conditions” are included and are part of this proposal. We propose that our fees for any additional services be based on our hourly and unit costs in accordance with the “Fee Schedule”. Also note that GROUND reserves the right to withhold data and reports until we have received a signed proposal. If this proposal meets with your approval, please sign one copy and return it to this office. Thank you for considering us for the materials testing and special inspection services on this project. Sincerely, GROUND ENGINEERING CONSULTANTS, INC. Chris Hutto, CET Agreed to this __________________ day of ___________________________________________ 2019 SGM, Inc., by: ______________________________________________________________________ Print: ______________________________________________________________________________ Redstone Coke Ovens Phase II Pitkin County, Colorado 4/26/2019 Proposal No. 1904-0816 Page 3 of 4 Redstone Coke Ovens Phase II Pitkin County, Colorado 4/26/2019 Proposal No. 1904-0816 Page 4 of 4 GENERAL CONDITIONS INTENT OF SERVICES: The services and any subsequent analysis and reporting performed by the Consultant under this agreement are intended to assist the Client. It must be understood that the Consultant’s tests, observations, or inspection results do not mean that Consultant is approving any aspect of the design, or the work performed or materials used by the Contractor or any Subcontractors. Client acknowledges that Consultant is not responsible for the contractor’s or subcontractor’s compliance with regulating agencies, safety, materials, means, methods, techniques, sequences, procedures of construction, nor for contractor’s failure to follow recommendations or good construction practices, and that the services provided by the Consultant shall not relieve the contractor of its obligation to perform the Work in accordance with the project plans and specifications, as well as use materials that are in accordance with the plans and specifications. The observation and testing services outlined herein, or lack thereof, do not relieve the contractor, subcontractors or any other applicable trades of their responsibilities to perform their portion of this project in conformance to the project plans, specifications, and other applicable documents. Any exploration, testing, specific observations, inspection and/or analysis associated with the services will be performed by Consultant solely to fulfill the purpose of this Service Agreement and Consultant is not responsible for interpretation by others of the information developed. Client recognizes that conditions on the project site may vary from those encountered during testing and that information generated by Consultant is based solely on the information available to the Consultant at the time and location of such testing. Furthermore, the Client acknowledges that actual testing, observation, or inspection performed is likely on a very small percentage of the overall project and that as such, may not fully reflect the work performed or materials used by Project Contractors or Subcontractors. The proposed scope of services provided herein does not include engineering review of the project documents in regard to the geotechnical aspects of the project such as foundations, slabs, pavements, drains, walls, etc; nor does the proposed scope of work consist of construction management services relating to acceptance of materials, material types, or placement methodology. It is not the responsibility of the Consultant to accept or reject material placement or material types, nor to alter, amend, or revise project specifications. If required, these services can be provided under a separate scope of work. RIGHT-OF-ENTRY: Unless otherwise agreed, Client will furnish right-of-entry for Consultant to take the scheduled tests or observations. Consultant will take reasonable precautions to reduce damage to property. However, cost of restoration or damage that may result from field operations are not included in the fee unless otherwise stated, and Consultant cannot be held responsible. Any construction debris or waste generated as a result of the required testing is the responsibility of the Client and their respective Contractor or Subcontractors. SCHEDULING OF SERVICES: ALL observation and testing requests must be scheduled through our Main Office (970-524-0720) at least 24 hours in advance of each required observation or test. Verbal test results can be provided to the Contractor/Subcontractor and/or any other entities or representatives as designated by the Client as tests are completed, and formal, typed reports can be forwarded once they have been processed and reviewed. Unless specifically scheduled through our main office for a specific test/observation, date, and time, testing or observations may not occur. The required amount of work for materials testing depends on the Client’s, Contractor’s, Subcontractor’s, or other Entity’s scheduling of our services, as well as their production schedule. Having no control over these factors, our proposed scope of work is in general accordance to the attached Fee Schedule. The proposed scope of work is for periodic testing and observation. It is therefore important that the Client, Contractor, or Subcontractors schedule our field technicians such that: (1) Sufficient tests are conducted to comply with project specifications; and, (2) That such testing occurs at locations that are randomly distributed throughout the materials being tested. The quantity of tests provided for the various elements in the attached sheets are estimates; actual amounts of individual tests and locations are highly dependent on the Contractor’s schedule and the scheduling of our field personnel (technicians, CWI, utility inspectors or building inspectors) by the Client, Contractor and/or Subcontractors. INVOICES: Consultant will submit progress invoices to client monthly and a final bill upon completion of the services. Invoices will show charges for different personnel and expense classifications. Each invoice is due on presentation and is past-due thirty (30) days from invoice date. Rates quoted in this proposal reflect a 3% cash/check discount. Pricing will be adjusted to remove this discount in the event client prefers to pay by credit card. Client agrees to pay a finance charge of one and one-half percent (1.5%) per month, or the maximum rate allowed by law, on past-due accounts. Should Consultant bring suit to recover past due payment for services rendered to Client, Consultant shall be entitled to recover all costs of collection, including reasonable attorneys’ fees. REPORTS: Reports, plans and other work products prepared by Consultant remain the property of Consultant until all fees for Consultant's services have been paid. Client agrees that all reports and other documents furnished to the Client and his agents not paid for will be returned upon demand, and will not be used for licensing, permits, design and/or construction. Any Contractor or Subcontractor other than the Client who uses any test data or other information provided by Consultant in support of this scope of work must indemnify the Consultant from and against any and all claims resulting from such use. FINAL LETTERS: Many governing agencies require that the Consultant provide some form of final letter at the completion of a project. Such letters are usually required to state that the project was constructed in compliance or general compliance to certain specifications, plans, or codes. As professional consulting engineers, it is not possible or reasonable to state with certainty that all work completed by others completely complied with any specification, plan, or code, and any interpretation as such is incorrect. The Consultant can only make such statements based on the best of their knowledge, their experience, as well as on the specific periodic testing and/or observations that were performed and for the time they were performed. Any use of the word “inspection” shall be assumed to mean “observation” in any document provided by our office that is in any way connected with this project. Such letters do not constitute any form of warranty, guarantee, or certification, expressed or implied, regardless of the wording used. It must also be understood that such testing and observation only occur when properly scheduled by the owner, owner’s representatives, contractor, or subcontractors, and therefore, it is their responsibility to schedule accordingly and in a manner consistent with the project specifications and the scope of work provided herein. USE OF ELECTRONIC OR OTHER SUPPLIED DATA: Electronic documents, site plans, or other information provided to Consultant for the subject project may be used in compiling geotechnical, environmental, or construction-related reports for the subject project. It is the responsibility of the Owner or Supplier of such documents to ensure that our use does not violate any copyright or confidentiality that may be pertinent to the supplied information. LIMITATION OF LIABILITY: Consultant agrees in connection with services performed under this Agreement that such services are performed with the care and skill ordinarily exercised by members of the profession practicing under similar conditions at the same time and in the same or a similar locality and scope. No warranty, expressed or implied, is made or intended by rendition of consulting services or by furnishing oral or written reports of the findings made. Liability of Consultant or Subconsultant(s) for damages due to or arising from professional negligence, breach of contract, or any cause of action, shall be limited to the Consultant’s fee for this project. Any exploration, testing, specific observations and analysis associated with the services will be performed by Consultant solely to fulfill the purpose of this Service Agreement and Consultant is not responsible for interpretation by others of the information developed. The services we have been retained to provide consist of periodic material testing and/or observations to assist the client, owner, construction manager and design team members with evaluating compliance with project specifications. STANDARD OF CARE: In providing its services, Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of Consultant’s profession practicing under the same or similar circumstances. CORPORATE PROTECTION: It must be agreed to by all parties affiliated with this agreement that the services provided by the Consultant that are in any way connected to this project shall not connect Consultant’s employees, owners, directors, or officers to any personal exposure for risks associated with any portion of this project. Therefore, and not withstanding anything to the contrary that may be contained herein or in any other document related to this project, the Client, future owners, future users, and/or any other trade or professional, agrees that as the sole and exclusive remedy for any claim, demand, or suit shall be directed and/or asserted against the Consultant, a Colorado Corporation, and not against any of GROUND’s employees, owners, officers, or directors.