HomeMy WebLinkAboutbocc.con.123.21 41T K I N Pitkin County
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Contract Information
Contract Number 123.21
Project Name Materials Testing and Special Inspections-River Park Center,Basalt-Suite#102 and 201 Tenant Improvements
Contractor Ground Engineering
Budget Line Item 15021215.573000 $
$Additional Budget Line $ _
Item(s) $ _
(Please fully allocate New Contract Total)
$
Procurement Method: None
Type: Services/Maintenance
Contract Start Date 6/1/2021
Contract End Date 12/31/2021
Contract Type New Contract
Retainage No
If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form.
Contact Information:
Department Facilities
County Representative Jodi Smith County Representative (970) 920-5396
Phone
Provide a brief description of the contract:
Contract for materials testing and special inspections for the Pitkin County River Park Center Remodel and
tenant improvements. Cost estimate for proposed scope of work is $7,535.00; County elects to include $2,465.00
as a contingency for any additional work that may be required, billable only as incurred and per the included fee
schedule.
Contract Value Summary:
Original Contract Amount $ 10,000.00
Previous Change Order/Amendment Amount $This Change order/Amendment amount $New Contract Total $ 10,000.00
NOTE: Clerks Office will keep original documents in compliance with Colorado State Archives retainage
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Budget Line Item#15021215.573000
iTKIN
COUNT
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PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT, made June 15, 2021 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, IOTA Airpark Drive Unit 9, Gypsm, CO 81637
(hereinafter called the"Contractor")to perform the following work: Materials Testing and Special
Inspections -River Park Center, Basalt- Suite # 102 and 201 Tenant Improvements ("Project").
I. Term of Contract: The term of this Contract is from June 1, 2021 to December 31,
2021. At the expiration of the initial term, the contract may be extended for an
additional term of one (1) year by the express written consent of both parties.
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. The scope shall specifically include inspection of soil
preparation, concrete/asphaltic construction and compression testing, reinforcing steel
and placement observation, and project management, to include participation in
construction meetings and review of plans/documents. Any work completed that is
excluded from or in addition to the attached proposal shall be billed only as incurred
and per the rates provided in Attachment A.
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
Ten-Thousand dollars and Zero cents ($10,000.00) 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
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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
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.
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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.
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 the
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 arising out of the work done in fulfillment of the terms of
this Contract or on account of any negligent 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.
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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.
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)
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Minimum Limits:
General Aggregate $ 2,000,000
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. 0 Performance Bond $
b. ® Professional Errors and Omissions
c. ❑ Aircraft Liability
d. ❑ Owner's Protective
e. ❑ Builder's Risk
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f. ❑ Boiler and Machinery
g. ❑ Loss of Use Insurance
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
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local sales or use taxes. Pitkin County is exempt from such taxes under registration
numbers 98-02624 and 84-78000-5k.
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
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Contract restrict the future issuance of Pitkin County's bonds or any obligations
payable from any class or source of Pitkin County's money.
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: with copies to:
Jodi Smith Pitkin County Attorney's Office
485 Rio Grande Place Unit 101 530 E. Main St., Suite #301
Aspen, CO 81611 Aspen, Colorado 81611
Email:jodi.smith@pitkincounty.corn 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
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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, (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.
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IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein
above.
GROUND ENGINEERING
(1(Jc atn mbi, Jun-22-2021
Nick Andrade Date
Principal
PITKIN COUNTY, COLORADO
/004 5"4/4 Jun-17-2021
Jodi Smith Date
Director - Facilities
10
o
®UND
ENGINEERING June10, 2021
Subject: Proposal for Materials Testing and
Special Inspection Services, River Park Center—
Suite 102 and 201 Tenant Improvements
Proposal No. 2106-1157
Ms. Jodi Smith
Pitkin County
530 East Main Street, #203
Aspen Colorado 81611
Dear Ms. Smith,
Ground Engineering Consultants, Inc. (GROUND) appreciates the opportunity to prepare a proposal to
provide materials testing and special inspection services for the River Park Center — Suite 102 and 201
Tenant Improvements project located at 123 Emma Road in Basalt, Colorado. Please note that the
services detailed below 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 our office for a fee estimate for additional services that may be needed.
Scope of Project
The proposed project will generally consist of improvements to an existing structure and associated
sitework. Site improvements are anticipated to include finish site grading, drainage improvements,
concrete sitework, and asphalt patchwork/paving.
Fee Estimate
To assist in the budgeting of this project, we are providing the following general scope of services and
approximate costs for each service. To prepare this estimate, a number of assumptions were made
regarding the project construction sequencing, the actual number of hours and associated tests may be
more or less.
The fees outlined below represents an estimate of the time and unit cost for the proposed scope of
services, based on our understanding of the project quantities and assuming proper scheduling of our
services. The estimate detailed is not inclusive of costs associated with retesting. 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
nights and weekends, and double time will be billed on major holidays.
Estimated Time
Soils Technician $55.00 per hour 32 Hours $1,760.00
Concrete Technician $55.00 per hour 25 Hours $1,375.00
Asphalt Technician $55.00 per hour 8 Hours $440.00
Reinforcing Steel Technician $60.00 per hour 10 Hours $600.00
Proof Roll Technician $60.00 per hour 5 Hours $300.00
Drill&Epoxy Technician $60.00 per hour 6 Hours $360.00
PM Management/Meetings/Review $105.00 per hour 8 Hours $840.00
GYPSUM OFFICE PO Box 464 1101 A Airpark Drive, Unit 9 I Gypsum,CO 81637 I (970) 524-0720 I www.groundeng.com
ENGLEWOOD I COMMERCE CITY I LOVELAND I GRANBY I GYPSUM I COLORADO SPRINGS
River Park Center—Suite 102 and 201 Tenant Improvements
Basalt,Colorado
Laboratory Testing and Unit Billing
Trip Charge 17 Trips @ $50.00 $850.00
Soil
Proctor Compaction 2 Tests @ $110.00 $220.00
Gradation 2 Tests @ $60.00 $120.00
Atterberg Limit 2 Tests @ $65.00 $130.00
Concrete
Concrete Compression Test,Cylinders(each) 20 Tests @ $14.00 $280.00
Asphalt
AC Content and Extracted Gradation 1 Tests @ $160.00 $160.00
Theoretical Maximum Specific Gravity 1 Tests @ $100.00 $100.00
Total Proposed Estimate $7,535.00
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 herew ith,and are incorporated herein by reference. This estimate
is not inclusive of any retests,nor of any changes to scope or schedule of work.
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.
2. Building Inspection Services (excluded): Many municipalities are no longer providing the required
inspections for commercial, retail and mixed use construction projects and the tenant finish
portion of construction projects. GROUND can provide these services for this project in
accordance with local, national, and/or international codes. We have highly qualified and certified
IBC building inspectors familiar with the requirements for building/special inspection including
fabrication, structural and nonstructural wood and light-gauge framing components, adhered and
anchored masonry veneer, lath and gypsum board, EIFS, sprayed fire-resistant materials, fire-
resistant penetrations, fire stopping assemblies, insulation, dampproofing and waterproofing, roof
assemblies, and energy efficiency of buildings. Note: Our staff of in-house building inspectors
can complete these services under an added scope of services, upon request.
a. Fire Stop Inspection — If requested, GROUND can provide firestop inspection services
under a separate scope of work. These services are provided by an IFC certified building
inspector.
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
June 10, 2021 Proposal No. 2106-1157 Page 2 of 5
River Park Center—Suite 102 and 201 Tenant Improvements
Basalt,Colorado
"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
Agreed to this day of , 2021
Pitkin County, by:
Print:
June 10, 2021 Proposal No. 2106-1157 Page 3 of 5
River Park Center-Suite 102 and 201 Tenant Improvements
Basalt,Colorado
GROUN. FEE SCHEDULE-CONSTRUCTION SERVICES
ENGINEERING
MATERIAL TESTING AND SPECIAL INSPECTION MANAGEMENT AND ENGINEERING
(Time is round trip from office to project site and return)
•Concrete and Asphalt Testing(hourly) $55.00 •Roject Manage mnt-Rev iew/Supervision(hourly) $105.00
•Soil Testing(hourly) $55.00 •Senior Roject Engineer/Geologist(hourly) $175.00
•Reber,Masonry, Post Tension,Rers(hourly) $60.00 •Roject Engineer/Geologist(hourly) $140.00
•Floor Flatness(hourly) $75.00 •Staff Engineer/Geologist(hourly) $105.00
•Wastewater Rpe hspection(hourly) $75.00 •Open Hole(hourly) $95.00
•Coring and Concrete Hurridity/Moisture(hourly) $75.00 •Rincipal Engineer,Senior Roject Manager Quote
•Certified Welding Inspector(CWI)(hourly) $80.00 •Overtime(Over 8hrs/day,weekends,after 6pm) rate+$15.00
.Certified Building hspector(hourly) $80.00 .Trip Charge(covers vehicle and equipment) $50.00
•Certified Fire Stop hspector(hourly) $95.00 •hterest charged after 30 days from invoice date 1.5%
MISCELLANEOUS
(These units are on a project by project basis and w ill only apply as detailed in the proposal)
•Construction Management,Qvil hspection Quote •Mobile Laboratory Quote
.Quality Management Quote •Outside Laboratory Services Quote
.Out-of-tow n living expenses, cornnercial travel Quote .Vibration Monitoring/Geotechnical Instrumentation Quote
costs,equiprrent rental,etc. Services,Thermal Conductivity and Resistivity
•Rle Dynarric Analysis,Ground Penetrating Radar,Cross Hole Sonic Logging,Sonic Echo,Falling Weight Deflectometer Quote
LABORATORY TESTING
Soil and Aggregate Concrete
Proctor Compaction $110.00 Concrete Compression Test,Cylinders(each) $14.00
Atterberg Limit $65.00 Concrete Comp.St.Cylinders(high strength concrete) $75.00
Gradation $60.00 Compressive Strength-CLSM Cylinders $20.00
No.200 Wash $35.00 Concrete Flexural Test,Beams $55.00
Gradation and Hydrometer $135.00 Maturity Data Logger(each) $95.00
Specific Gravity of Fine Aggregate $65.00 Moisture Coupons(each) $95.00
Natural Density and Moisture Content $15.00 Relative Humidity Sensors(ASTM F2170)(each) $95.00
"R"-Value $350.00 Shotcrete Corrp.Str.(per panel) $225.00
Soil Cement Roctor $150.00 Maturity Meter Strength Correlation $3,000.00
Unconfined Corrp.Str.-Soil Stab.(per set) $250.00 Concrete Mx Trial Blend $4,000.00
pH Test $50.00 Asphalt
Water Soluble Sulfates Test $50.00 AC Content and Extracted Gradation $160.00
Triaxial Permeability $375.00 Sp.G.(SSD),Stability,Flow (Marshall)(per test) $350.00
Alkali Silica Reactivity(to 28 days) $450.00 Specific Gravity(SSD)and Voids(Gyratory)(per test) $250.00
Denver Sw ell $75.00 Theoretical Maxirrum Specific Gravity $100.00
Direct Shear $500.00 Modified Lottman(TSR) $325.00
Sand Equivalent $95.00 Ignition Oven Calibration $225.00
Relative Density $200.00 Specific Gravity(SSD)and Voids(per Core) $40.00
Clay Lumps and Friable Particles $45.00 Coring-Asphalt(Da.(in.)X Depth(in.)X No.cores) $1.50
Rat or Bongated Particles $60.00 Stability(Gyratory) $105.00
Sulfate Soundness $300.00 Asphalt Mciskre Content $15.00
Fractured Faces Test $60.00 Micro Deval $175.00
Los Angeles Abrasion Test $150.00 Masonry
Uncorrpacted Voids Test $95.00 Mortar Compressive Strength $20.00
Specific Gravity of Coarse Aggregate $95.00 Masonry RismComp.Strength $95.00
Soil Stabilization Mixture Analysis $3,500.00 Grout Compressive Strength $30.00
Compressive Strength CNU/Brick Coupon $50.00
3q_15-3C1_50
June 10, 2021 Proposal No. 2106-1157 Page 4 of 5
River Park Center—Suite 102 and 201 Tenant Improvements
Basalt,Colorado
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 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.
June 10, 2021 Proposal No. 2106-1157 Page 5 of 5
DocuSign
Certificate Of Completion
Envelope Id:92B4F77EC7B04949B047B6799F8DB98B Status:Completed
Subject:Ground Engineering I Pitkin County Contract 123.21 R1 for Review and Signature
Source Envelope:
Document Pages: 16 Signatures:2 Envelope Originator:
Certificate Pages:5 Initials:0 Pitkin County Procurement
AutoNav: Enabled 530 East Main Street
Envelopeld Stamping: Disabled Suite 203
Time Zone: (UTC-07:00)Mountain Time(US&Canada) Aspen,CO 81611
Procurement@PitkinCounty.com
IP Address: 107.77.196.19
Record Tracking
Status:Original Holder:Pitkin County Procurement Location: DocuSign
6/17/2021 10:17:40 AM Procurement@PitkinCounty.com
Signer Events Signature Timestamp
Jodi Smith Sent:6/17/2021 10:20:02 AM
jodi.smith@pitkincounty.com y°`l` S""' Viewed:6/17/2021 10:53:56 AM
Director-Facilities Signed:6/17/2021 10:54:29 AM
Pitkin County
Security Level: Email,Account Authentication Signature Adoption: Pre selected Style
(None) Using IP Address:73.78.59.70
Signed using mobile
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nick Andrade II'-- II� Sent:6/22/2021 7:50:56 AM
nick.andrade@groundeng.com At LaU.IJY..4L Viewed:6/22/2021 7:52:04 AM
Principal Signed:6/22/2021 7:52:44 AM
Ground Engineering Consultants, Inc.
Security Level: Email,Account Authentication
Signature Adoption: Pre-selected Style
(None) Using IP Address:65.153.133.210
Electronic Record and Signature Disclosure:
Accepted:6/22/2021 7:52:04 AM
ID:8122d94c-a947-447d-b3fc-dde7fda4a3bf
Company Name:Pitkin County,Colorado
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
Chris Hutto COPIED Sent:6/22/2021 7:51:02 AM
chris.hutto@groundeng.com
Area Manager
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Carbon Copy Events Status Timestamp
Accepted:6/15/2021 2:13:46 PM
ID:449600e1-bc19-4b0f-b69c-af296e3f41 df
Company Name:Pitkin County,Colorado
Pitkin County Procurement COPIED Sent:6/22/2021 7:52:46 AM
procurement@pitkincounty.com Resent:6/22/2021 7:52:55 AM
Procurement
Pitkin County
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Accounts Payable COPIED Sent:6/22/2021 7:52:47 AM
AP@pitkincounty.com
Accounts Payable
Pitkin County
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Facilities Admin COPIED Sent:6/22/2021 7:52:49 AM
facilities_admin@pitkincounty.com Viewed:6/22/2021 8:11:17 AM
Security Level: Email,Account Authentication
(None)
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 6/17/2021 10:20:02 AM
Certified Delivered Security Checked 6/22/2021 7:52:04 AM
Signing Complete Security Checked 6/22/2021 7:52:44 AM
Completed Security Checked 6/22/2021 7:52:49 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on:3/20/2020 3:28:13 PM
Parties agreed to:Nick Andrade,Chris Hutto
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From time to time, Pitkin County(we, us or Pitkin County)may be required by law to provide
you with certain written notices or disclosures. Described below are the terms and conditions for
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