HomeMy WebLinkAboutbocc.con.237.192017-11-13 btf
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item 10021213.546500
Procurement Method:
Type:
Contract Start Date
Contract End Date
Contract Type
Retainage
If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form.
Contact Information:
Department
County Representative Jodi Smith County Representative
Phone (970) 920-5396
Provide a brief description of the contract:
Contract Value Summary:
$ 2,176.00
$ -
$ -
$ 2,176.00
NOTE: Clerks Office will keep original documents in compliance with Colorado State Archives retainage
Facilities
Contract for materials testing and special inspections for the Pitkin County Jail Basement Remodel
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
New Contract Total
No
Materials Testing and Special Inspections - Jail Basement Remodel
Ground Engineering
$ -
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$ -
$ -
$ -
$ -
None
Services/Maintenance
8/21/2019
8/20/2020
New Contract
237.19
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
Contract # 234.19 Revision: 2018-06-13 btf
Budget Line Item # xxx.xx.00000.xxxxx
1
PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT, made August 21, 2019 by and between the Board of County Commissioners
of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the
“County”) and Ground Engineering, PO Box 464, 101A Airpark Drive Unit 9, Gypsm, CO 81637
(hereinafter called the “Contractor”) to perform the following work: Materials Testing and Special
Inspections - Jail Basement Remodel (“Project”).
I. Term of Contract: The term of this Contract is from August 21, 2019 to August 20,
2020.
II. Contractor’s Obligations. Contractor shall provide materials testing and special
inspections as outlined in Exhibit A - Proposal. This includes concrete, reinforcing
steel, and masonry testing. This also includes structural steel welding inspections in the
field.
III. 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 II. It is expressly understood and agreed that in no event
will the total compensation and reimbursement to be paid hereunder exceed the sum of
two thousand one hundred seventy-six dollars and zero cents ($2,176.00) for all
services rendered. By contract or 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. Any payment by the County
may be offset by any amount the Contractor owes the County for any reason.
IV. County’s Exclusive Ownership of Work Product. Drawings, specifications,
guidelines and other documents prepared by Contractor in connection with this
Contract shall be the property of the County. However, Contractor shall have the right
to utilize such documents in the course of its marketing, professional presentations, and
for other business purposes. Contractor assigns to County the copyrights to all work
prepared, developed, or created pursuant to this Contract, including the right to: 1)
reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4)
perform the works publicly; and 5) to display the work publicly. Contractor shall have
Contract # 234.19 Revision: 2018-06-13 btf
Budget Line Item # xxx.xx.00000.xxxxx
2
right to use materials produced in the course of this Contract for marketing purposes
and professional presentations, articles, speeches and other business purposes.
V. Pitkin County’s Obligations. Pitkin County shall administer this Contract through
a County Representative. Jodi Smith, Facilites Director will manage the project as the
County’s Representative. In the event that Jodi Smith is not available, an authorized
designee shall assume the County Representative’s duties. 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.
VI. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this Contract, with or without cause, by giving written notice to the
Contractor of such termination and specifying the effective date thereof. Such notice
shall be given at least ten (10) days before the effective date of such termination. In
such event all finished or unfinished documents, data, studies and reports prepared by
the Contractor pursuant to this Contract shall become the County’s property. Contractor
shall be entitled to receive compensation in accordance with the Contract for any
satisfactory work completed pursuant to the terms of this Contract prior to the date of
termination. Notwithstanding the above, Contractor shall not be relieved of liability to
the County for damages sustained by the County by virtue of any breach of the Contract
by the Contractor.
VII. Independent Contractor Status.
A. The parties to this Contract intend that the relationship between them contemplated
by the Contract is that of independent contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee, agent,
or servant of Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under
this Contract. Contractor may choose to work for other individuals or entities
during the term of this Contract, provided that the basic services and deliverable
products required under this Contract are submitted in the manner and on the
schedule defined under this Contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor’s obligations
under this Contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under
this Contract.
E. Contractor is not entitled to any Workers’ Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income
taxes.
Contract # 234.19 Revision: 2018-06-13 btf
Budget Line Item # xxx.xx.00000.xxxxx
3
VIII. Assignability. This Contract is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this Contract must be accepted in
writing by the County.
IX. Severability. In the event that any provision of this Contract shall be held to be invalid
or unenforceable, the remaining provisions of this Contract shall remain valid and
binding upon the parties hereto.
X. Integration and Modification.
A. This Contract represents the entire and integrated Contract between the County and
the Contractor and supersedes all prior negotiations, representations, or contract,
either written or oral. This Contract may be amended only by written contract
signed by both the County and the Contractor.
B. The County may, from time to time, request changes in the scope of services of th e
Contractor to be performed hereunder. Such changes, including the increase or
decrease in the amount of the Contractor’s compensation, which are mutually
agreed upon between the County and the Contractor, shall be in writing and upon
execution shall become part of this Contract.
XI. Indemnity.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's
right to participate, defend the County, its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees,
agents, volunteers, and any jurisdiction or agency issuing permits for any work
included in the project, hereinafter referred to as indemnitee, from all suits and
claims, including attorney's fees and cost of litigation, actions, loss, damage,
expense, cost or claims of any character or any nature arising out of the work done
in fulfillment of the terms of this Contract or on account of any act, claim or amount
arising or recovered under workers' compensation law or arising out of the failure
of the Contractor to conform to any statutes, ordinances, regulation, law or court
decree. It is agreed that the Contractor will be responsible for primary loss
investigation, defense and judgment costs where this Contract of indemnity applies.
In consideration of the award of this Contract, the Contractor agrees to waive all
rights of subrogation against the County its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees,
agents, and volunteers for losses arising from the work performed by the Contractor
for the County.
The Contractor’s obligation to indemnify Pitkin County under this Contract shall
in no circumstance be interpreted as a requirement or obligation for Contractor to
indemnify Pitkin County from its’ own negligence or willful wrongdoing.
Contract # 234.19 Revision: 2018-06-13 btf
Budget Line Item # xxx.xx.00000.xxxxx
4
XII. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract
are satisfied, insurance against claims for injury to persons or damage to property which
may arise from or in connection with the performance of the work hereunder by the
Contractor, its agents, representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in
no way limit the indemnity covenants contained in this Contract. The policies shall
include, or be endorsed to include, the following provision: On insurance policies
where the County is named as an additional insured, the County shall be an additional
insured to the full limits of liability purchased by the Contractor even if those limits of
liability are in excess of those required by this Contract.
The County in no way warrants that the minimum limits contained herein are sufficient
to protect the Contractor from liabilities that might arise out of the performance of the
work under this Contract by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor shall assess its own risks and if it deems appropriate
and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not
relieved of any liability or other obligations assumed or pursuant to the Contract by
reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or
types. Commercial General Liability Completed Operations coverage must be kept in
effect for up to three (3) years after completion of the project.
A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits
of liability requirements provided that the coverage is written on a “following form”
basis.
1) Statutory Workers’ Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or subcontractor
is exempt under Colorado Workers’ Compensation Act AND when
such contractor or subcontractor executes the appropriate sole
proprietor waiver form.
Minimum Limits:
Coverage A (Workers’ Compensation) Statutory
Coverage B (Employers Liability)
$ 500,000
$ 500,000
$ 500,000
2) Commercial General Liability – ISO 1CG 0001 form or equivalent.
(With County named as an additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Contract # 234.19 Revision: 2018-06-13 btf
Budget Line Item # xxx.xx.00000.xxxxx
5
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Fire Damage (Any One Fire) $ 50,000
Medical Payments (Any One Person) $ 5,000
Coverage to include:
Premises and Operations
Explosions, Collapse and Underground Hazards
Personal / Advertising Injury
Products / Completed Operations
Liability assumed under an Insured Contract (including defense costs assumed under
contract)
Independent Contractors
Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997
Edition or equivalent)
Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010
(2004 Edition or equivalent)
Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalent)
The policy shall be endorsed to include the following additional insured language
on the Additional Insured Endorsements specified above: “County, its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, and volunteers named as an additional insured
with respect to liability and defense of suits arising out of the activities performed
by, or on behalf of the Contractor, including completed operations”.
3) Auto Liability: Bodily injury and property damage for any owned,
hired and non-owned vehicles used in the performance of this Contract.
Minimum Limits: Statutory
Coverage Bodily/Property Damage (Each Accident)
$ 1,000,000
4) Special Coverages (check as appropriate and insert amount):
a. ☐ Performance Bond $
b. ☐ Professional Errors and Omissions
c. ☐ Aircraft Liability
d. ☐ Owner’s Protective
e. ☐ Builder’s Risk
f. ☐ Boiler and Machinery
g. ☐ Loss of Use Insurance
Contract # 234.19 Revision: 2018-06-13 btf
Budget Line Item # xxx.xx.00000.xxxxx
6
h. ☐ Pollution Liability
i. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity
Bond
B. Proof of Insurance:
1) Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended,
voided or canceled except after thirty (30) days prior written notice has been
given to the County, except when cancellation is for non -payment of
premium, then ten (10) days prior notice may be given. Such notice shall
be emailed directly to Procurement@pitkincounty.com. If the insurance
carrier will not provide the required notice, the Consultant/Contractor and
or its insurance broker shall notify the County of any cancellation, or
reduction in coverage or limits of any insurance within seven (7) days of
receipt of insurers’ notification to that effect. Simultaneously with the
Certificates of Insurance, the Contractor shall file with the Project Lead a
certified statement as to claims pending against the required coverages,
reserves established on account of such claims, defense costs expended and
amounts remaining on policy limits.
2) In addition, these Certificates of Insurance shall contain the following
clauses:
a. The contractor’s insurance shall be primary and non-contributory with
any insurance or self-insurance purchased by the County.
b. The insurance companies issuing the policy or policies hereunder shall
have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy.
c. Any and all deductibles or self-insured retentions in the above-
described insurance policies shall be assumed by and be for the
amount of, and at the sole expense of the Contractor.
d. Location of operations shall be: “all operations and locations at which
work for the referenced Project is being done.”
3) Certificates of Insurance for all renewal policies shall be delivered to
the County’s Representative at least fifteen (15) days prior to a policy’s
expiration date except for any policy expiring on the expiration date of this
Contract or thereafter.
4) The County reserves the right to request and receive a copy of any
policy and any policy endorsement at any time during the term of this
Contract.
XIII. Exemptions and Preferences. All purchases of construction or building or any other
materials for this Contract shall not include Federal Excise Taxes or Colorado State or
local sales or use taxes. Pitkin County is exempt from such taxes under registration
numbers 98-02624 and 84-78000-5k.
Contract # 234.19 Revision: 2018-06-13 btf
Budget Line Item # xxx.xx.00000.xxxxx
7
XIV. Records. The Contractor shall maintain comprehensive, complete and accurate
books, records, and documents concerning its performance relating to this Contract for
a period of three (3) years after final payment under the Contract and the County shall
have the right within the three (3) year period to inspect and audit these books, records
and documents, upon demand, in a reasonable manner and at reasonable times, for the
purpose of determining, by accepted accounting and auditing standards, compliance
with all provisions of the Contract and applicable law.
XV. Contract Made in Colorado. The parties agree that this Contract was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is
agreed to be exclusively in the courts of Pitkin County, Colorado.
XVI. Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract, the substantially prevailing party shall be entitled to its costs
and reasonable attorney’s fees.
XVII. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive, by any provision of this Contract, the monetary
limitations or terms (presently $150,000 per person and $600,000 per occurrence) or
any other rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise
available to Pitkin County or any of its officers, agents or employees. Further, nothing
in this Contract shall be construed or interpreted to require or provide for indemnification
of the Contractor by the County for any injury to any person or any property damage
whatsoever which is caused by the negligence or other misconduct of the County or its
agent or employees.
XVIII. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only
currently budgeted expenditures of Pitkin County. Pitkin County’s obligations under
this Contract are subject to Pitkin County’s annual right to budget and appropriate the
sums necessary to provide the services set forth herein. No provisions of the Contract
shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond
the then current fiscal year of Pitkin County. No provision of the Contract shall be
construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other
financial obligation of Pitkin County within the meaning of any constitutional or
statutory debt limitation. This Contract shall not directly or indirectly obligate Pitkin
County to make any payments beyond those appropriated for Pitkin County’s then
current fiscal year. No provisions of this Contract shall be construed to pledge or create
a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this
Contract restrict the future issuance of Pitkin County’s bonds or any obligations
payable from any class or source of Pitkin County’s money.
Contract # 234.19 Revision: 2018-06-13 btf
Budget Line Item # xxx.xx.00000.xxxxx
8
XIX. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and
by one of the following methods 1) hand-delivery or 2) registered or certified mail,
postage pre-paid to the mailing addresses set forth below. Each party by notice sent
under this paragraph may change the address to which future notices should be sent.
Electronic delivery of notices shall be considered delivered upon receipt of
confirmation of delivery on the part of the sender. Nothing contained herein shall be
construed to preclude personal service of any notice in the manner prescribed for
personal service of a summons or other legal process.
To Pitkin County:
Jodi Smith
485 Rio Grande Place Unit 101
Aspen, CO 81611
Email: jodi.smith@pitkincounty.com
with copies to:
Pitkin County Attorney’s Office
530 E. Main St., Suite #301
Aspen, Colorado 81611
Email: Attorney@pitkincounty.com
To Contractor:
Ground Engineering
PO Box 464, 101A Airpark Drive Unit 9
Gypsm, CO 81637
Phone: (970) 524-0720
Email: chris.hutto@groundeng.com
XX. Public Contracts for Services and Public Contracts with Natural Persons. In
conformance with the provisions of C.R.S. §§ 8-17.5-101, et seq., as amended and
C.R.S. §§ 24-76.5-101, et seq., as amended:
A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities,
investment advisory services or fund management services, sponsored projects,
intergovernmental agreements, or information technology services or products and
services] Contractor certifies, warrants, and agrees that it does not knowingly employ
or contract with an illegal alien who will perform work under this Contract and will
confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Contract, through
participation in the E-Verify Program established under Pub. L. 104-208 or the State
verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor
shall not knowingly employ or contract with an illegal alien to perform work under this
Contract or enter into a contract with a Subcontractor that fails to certify to Contractor
that the Subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this Contract. Contractor (i) shall not use E-Verify Program or
State program procedures to undertake pre-employment screening of job applicants
while this Contract is being performed, (ii) shall notify the Subcontractor and the
contracting State agency within 3 days if Contractor has actual knowledge that a
Subcontractor is employing or contracting with an illegal alien for work under this
Contract # 234.19 Revision: 2018-06-13 btf
Budget Line Item # xxx.xx.00000.xxxxx
9
Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop
employing or contracting with the illegal alien within 3 days of receiving the notice,
and (iv) shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor
and Employment. If Contractor participates in the State program, Contractor shall
deliver to the contracting State agency, Institution of Higher Education or political
subdivision, a written, notarized affirmation, affirming that Contractor has examined
the legal work status of such employee, and shall comply with all of the other
requirements of the State program. If Contractor fails to comply with any requirement
of this provision or §§8-17.5-101 et seq., C.R.S., the contracting State agency,
institution of higher education or political subdivision may terminate this Contract for
breach and, if so terminated, Contractor shall be liable for damages.
B. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq.,
C.R.S.
Contractor, if a natural person 18 years of age or older, hereby swears and affirms under
penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the
United States pursuant to federal law, (ii) shall comply with the provisions of §§24-
76.5-101 et seq., C.R.S., and (iii) has produced one form of identification required by
§24-76.5-103, C.R.S. prior to the Effective Date of this Contract.
Contract # 234.19 Revision: 2018-06-13 btf
Budget Line Item # xxx.xx.00000.xxxxx
10
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein
above.
GROUND ENGINEERING
________________________________________________
!#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO
_________________________________________________
!#DEPARTMENT REPRESENTATIVE#! Date
Oct-01-2019
Jodi Smith
Director - Facilities
Chris Hutto
Oct-04-2019
Area Manager
August 21, 2019
Subject: Proposal for Materials Testing and
Special Inspection Services, Pitkin County Jail
Basement Renovation; Aspen, Colorado
Proposal No. 1908-1536
Ms. Jodi Smith
Pitkin County
485 Rio Grande Place Unit 101
Aspen, Colorado 81611
Dear Ms. Smith,
Ground Engineering Consultants, Inc. (GROUND) appreciates the opportunity to prepare a proposal to
perform materials testing and special inspection services for the Pitkin County Jail Basement Renovation
located in Aspen, Colorado. It is our understanding that our scope of services will include materials
testing and special inspection services, specifically concrete testing, reinforcing steel observations,
masonry inspections, field weld inspections 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.
Proposed Unit Rates/Fees – 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 plans and specifications and an estimated scope of services to be scheduled:
Concrete Technician $55.00 per hour 6 Hours $330.00
Reinforcing Steel Technician $60.00 per hour 4 Hours $240.00
Masonry Technician $60.00 per hour 4 Hours $240.00
Structural Steel/Welding (on-site) $80.00 per hour 5 Hours $400.00
PM Management/Meetings/Review $95.00 per hour 2 Hours $190.00
Concrete
Concrete Compression Test, Cylinders (each)4 Tests @ $14.00
Masonry
Mortar Compressive Strength 3 Tests @ $20.00
Masonry Prism Comp. Strength 6 Tests @ $95.00
Grout Compressive Strength 3 Tests @ $30.00
Estimated Time
Laboratory Testing and Unit Billing
$60.00
$570.00
$90.00
Subtotal for Labor and Time Estimate $1,400.00
$56.00
Pitkin County Jail Basement Renovation
Aspen, Colorado
8/21/2019 Proposal No. 1908-1536 Page 2 of 4
Noted Proposal Assumptions/Exclusions/Conditions
1. Structural steel fabrication shop inspections are not included in our estimated fees but can be
provided under an added scope of services upon request.
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
Pitkin County, by: ____________________________________________________________________
Print: ______________________________________________________________________________
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.
$776.00
$2,176.00Total Proposed Estimate
Subtotal for Lab Testing and Unit Billing
Pitkin County Jail Basement Renovation
Aspen, Colorado
8/21/2019 Proposal No. 1908-1536 Page 3 of 4
Pitkin County Jail Basement Renovation
Aspen, Colorado
8/21/2019 Proposal No. 1908-1536 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.
Certificate Of Completion
Envelope Id: 38F07E5533A7474F87129BAE4427C7C6 Status: Completed
Subject: Ground Engineering | Pitkin County Contract 237.19 for Review and Signature
Source Envelope:
Document Pages: 15 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Pitkin County Procurement
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
530 East Main Street
Suite 203
Aspen, CO 81611
Procurement@PitkinCounty.com
IP Address: 65.38.144.66
Record Tracking
Status: Original
9/30/2019 4:34:27 PM
Holder: Pitkin County Procurement
Procurement@PitkinCounty.com
Location: DocuSign
Signer Events Signature Timestamp
Jodi Smith
jodi.smith@pitkincounty.com
Director - Facilities
Pitkin County
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 65.38.144.66
Sent: 9/30/2019 4:35:06 PM
Viewed: 10/1/2019 8:01:54 AM
Signed: 10/1/2019 8:02:01 AM
Electronic Record and Signature Disclosure:
Accepted: 6/11/2019 1:05:41 PM
ID: eb410f79-e39c-4611-a950-93cad5201adb
Company Name: Pitkin County, Colorado
Chris Hutto
chris.hutto@groundeng.com
Area Manager
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 66.112.42.196
Sent: 10/1/2019 8:02:05 AM
Viewed: 10/2/2019 5:42:20 PM
Signed: 10/4/2019 5:18:17 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Pitkin County Procurement
procurement@pitkincounty.com
Procurement
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 10/4/2019 5:18:21 PM
Resent: 10/4/2019 5:18:28 PM
Viewed: 10/9/2019 2:45:31 PM
Electronic Record and Signature Disclosure:
Carbon Copy Events Status Timestamp
Accepted: 6/21/2019 11:35:47 AM
ID: f4b0c7d5-e378-4bad-8806-08d16f6ff44c
Company Name: Pitkin County, Colorado
Accounts Payable
AP@pitkincounty.com
Accounts Payable
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 10/4/2019 5:18:23 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/4/2019 5:18:23 PM
Certified Delivered Security Checked 10/4/2019 5:18:23 PM
Signing Complete Security Checked 10/4/2019 5:18:23 PM
Completed Security Checked 10/4/2019 5:18:23 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically when we send you documents for
electronic signature.
Acknowledging your Access, Intent, and Consent to Receive and Sign Materials
Electronically
To confirm that you can access this information electronically, which will be similar to other
electronic notices and disclosures that we will provide to you, please verify that you were able to
read this electronic disclosure and that you also were able to print on paper or electronically save
this page for your future reference and access or that you were able to e-mail this disclosure and
consent to an address where you will be able to print on paper or save it for your future reference
and access. Further, if you consent to receive notices and disclosures exclusively in electronic
format on the terms and conditions described above, please let us know by clicking the 'I agree'
button below.
By checking the 'I Agree' box, I confirm that:
I am establishing my intent to be bound to the transaction, and indicating that I am fully
aware of the purpose for which the signature is being provided.
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for for future reference and access; and
Until or unless I notify Pitkin County as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by Pitkin County during the course of my relationship with you.
Signing Documents without a Pitkin County DocuSign Account:
Pitkin County may not require all document signers to be authorized users of the Pitkin County
DocuSign Account. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to these terms and
conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this
document. When you don't have a DocuSign Account, you will be provided the opportunity to
agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can
download and retain this disclosure. Pitkin County will forward completed documents that
you've reviewed, processed or signed via email. Should you require copies of these signed
documents (e.g., if they get deleted from your email account) you should request those
documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin
County custodian who sent you the document for signature.
Signing Documents with a Pitkin County DocuSign Account:
Electronic Record and Signature Disclosure created on: 6/11/2019 12:14:06 PM
Parties agreed to: Jodi Smith, Pitkin County Procurement
Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to these terms and conditions, please
confirm your agreement by clicking the 'I agree' button at the bottom of this document.
Getting paper or electronic copies
At any time, you may request from us a paper or electronic copy of any record provided or made
available electronically to you by us. For such copies, as long as you are an authorized user of
the DocuSign system you will have the ability to download and print any documents we send to
you through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper or
electronic copies of any such documents from our office to you, you may be charged a per-page
fee. You may request delivery of such paper or electronic copies from us by following the
procedure described below.
Withdrawing your consent
If you are an authorized DocuSign Account holder, you can decide to receive notices and
disclosures from us electronically, you may at any time change your mind and tell us that
thereafter you want to receive required notices and disclosures only in paper format. Described
below is the process for informing us of your decision to receive future notices and disclosure in
paper format and also how to withdraw your consent to receive notices and disclosures
electronically.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign user account to receive required notices and consents electronically from us or to sign
electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgments, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Pitkin County:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: susan.sullivan@pitkincounty.com
To advise Pitkin County of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at susan.sullivan@pitkincounty.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address .
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper or electronic copies from Pitkin County
To request delivery from us of paper or electronic copies of the notices and disclosures
previously provided by us to you electronically, you should request those documents from Pitkin
County under the Colorado Open Records Act by contacting the Pitkin County custodian who
sent you the document for signature. .
To withdraw your consent with Pitkin County
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to susan.sullivan@pitkincounty.com and in the body of such request
you must state your e-mail, full name, Postal Address, telephone number, and account
number.