HomeMy WebLinkAboutbocc.con.073.262025.05.08 CDD
Contract Number
Project Name
Contractor
Budget Line Item 21035210.574000.M2401-LIB-Prof Svcs-County %!# $ 605.50
21035210.574000.M2401-LIB-Prof Svcs-State % $ 1,124.50
$ -
$ -
$ 1,730.00
Procurement Method:
Form:
Contract Effective Date:
Contract End Date
Contract Type
Retainage
If this is a new contractor, please enter the New Vendor information into Munis for workflow approval.
Contact Information:
Department:
Project Lead:Jodie Grady P
h (970) 920-5396
Provide a brief description of the Contract or Change Order:
Contract Value Summary:
$ 1,730.00
$ -
$ -
$ 1,730.00
073.26
Pitkin County
Procurement Cover Sheet
Cover Sheets are to be included with the contract record to provide an accurate summary of the Contract type, amounts, budget(s), and
dates.
Contract Information
No
Library Electrification – Materials Testing and Special Inspection Services
Ground Engineering Consultants, Inc
Additional Budget Line
Item(s)
(Please fully allocate Contract Total if multiple lines apply)
None
Services/Maintenance
5/1/2026
12/31/2026
New Contract
Assets and Housing
New Contract to provide materials testing and special inspection services for the Pitkin County Library
Electrification project.
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
Contract Total
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PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT, made April 20, 2026 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 Consultants Inc, 101 A Airpark Dr, unit 9, Gypsum, CO 81637
(hereinafter called the “Contractor”) to perform the following work: Library Electrification –
Materials Testing and Special Inspection Services (“Project”).
I. Term of Contract: The term of this Contract is from May 1, 2026 to December 31,
2026.
II. Contractor’s Obligations. Contractor shall perform the materials testing and special
inspection services, including structural steel inspections and field weld observations,
as described in Attachment A (Contractor’s Proposal), in accordance with applicable
project specifications, governing codes, and industry standards. Contractor shall
provide all labor, personnel, equipment, and coordination necessary to complete the
services and shall schedule work as directed by the County and project stakeholders.
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
One Thousand Seven Hundred Thirty dollars and Zero cents ($1,730.00) 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.
Pitkin County will not release any payment to Contractor prior to receipt of a complete
and valid W9. Contractor’s address and the as-filed, legal entity name provided within
this Contract must match the information provided with the submitted W9. Doing
Business As (“DBA”) entity titles, as applicable, must be preceded by Contractors
legally filed business name. Failure to provide a complete and valid W9 may result in
delayed and/or past due payment from the County to Contractor and will in no event
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obligate the County to recognize or pay penalties for any past due balances withheld as
a result of such. Contractor may submit completed W9 forms electronically by
emailing pdf copies to AP@PitkinCounty.com with the County Project Contact listed
within this Contract in copy.
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
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. Jodie Grady, Assets and Project Manager will manage the
project as the County’s Representative. In the event that Jodie Grady is not available,
an alternate representative will be appointed who 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.
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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.
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. To the furthest extent under applicable Law(s), 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
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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.
B. Accessibility Indemnification
Contractor shall indemnify, save, and hold harmless the Indemnified Parties,
against any and all costs, expenses, claims, damages, liabilities, court awards and
other amounts (including attorneys’ fees and related costs) incurred by any of the
Indemnified Parties in relation to Contractor’s failure to comply with §§24-85-
101, et seq., C.R.S., or the Accessibility Standards for Individuals with a
Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
XII. Accessibility.
i. Contractor shall comply with and the Work Product provided under this Contract
shall be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S.,
and the Accessibility Standards for Individuals with a Disability, as established by
OIT pursuant to Section §24-85-103 (2.5), C.R.S. Contractor shall also comply with
all State of Colorado technology standards related to technology accessibility and
with Level AA of the most current version of the Web Content Accessibility
Guidelines (WCAG), incorporated in the State of Colorado technology standards.
The State may require Contractor’s compliance to the State’s Accessibility Standards
to be determined by a third party selected by the State to attest to Contractor’s Work
Product and software is in compliance with §§24-85-101, et seq., C.R.S., and the
Accessibility Standards for Individuals with a Disability as established by OIT
pursuant to Section §24-85-103 (2.5), C.R.S.
XIII. 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.
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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
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
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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
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,
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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.
XIV. 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.
XV. 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
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purpose of determining, by accepted accounting and auditing standards, compliance
with all provisions of the Contract and applicable law.
XVI. 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.
XVII. 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.
XVIII. 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.
XIX. 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.
XX. 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.
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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:
Jodie Grady
530 E Main St
Aspen, CO 81611
Email: Jodie.Grady@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 Consultants Inc
101 A Airpark Dr, unit 9
Gypsum, CO 81637
Phone: (970) 524-0720
Email: chris.hutto@groundeng.com
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IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein
above.
GROUND ENGINEERING CONSULTANTS Inc
________________________________________________
!#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO
RECOMMENDED FOR APPROVAL:
_________________________________________________
!#DEPARTMENT REPRESENTATIVE#! Date
Assets Manager
Jun-03-2026
Jodie Grady
Principal
Jun-03-2026
Nick Andrade
April 16, 2026
Subject: Proposal for Materials Testing and
Special Inspection Services, Pitkin County
Library
Proposal No. 2604-0751
Ms. Jodie Grady
Pitkin County
530 East Main Street
Aspen, Colorado 81611
Dear Ms. Grady,
Ground Engineering Consultants, Inc. (GROUND) appreciates the opportunity to prepare a proposal to
provide materials testing and special inspection services for the Pitkin County Library project located at
120 North Mill Street in Aspen, 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 building and associated
sitework. Structure improvements will consist of the addition of a support structure for a heat pump and
noise barrier.
This estimate is assuming the following scope of services to be scheduled: structural steel inspections
including field weld observations. If additional services are requested, they can be completed under an
added scope at the rates outlined in the attached fee schedule.
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 represent 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. Additionally, when a scheduling
request is received for services to be completed during night work, a minimum of 8 hours will be billed for
each scheduling request. A $75.00 fee for late notice service requests will be charged per occurrence;
which includes requests made after 5:00 PM the weekday prior to or the day of the requested service.
The unit fee will only be charged if our office can accommodate the request, there are no guarantees that
late notice requests will be accommodated but we will make every reasonable effort.
Attachment A
Pitkin County Library
Aspen, Colorado
April 16, 2026 Proposal No. 2604-0751 Page 2 of 5
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 including
Wind and Seismic Resistance, adhered and anchored masonry veneer, lath and gypsum board,
EIFS/Stucco, sprayed fire-resistant materials, fire-resistant penetrations, fire stopping assemblies,
intumescent paint, insulation, roof assemblies, Building / Thermal Energy (2021 IBC & 2021
IECC), 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 project management or geotechnical engineering
services, other than any specifically identified herein, and our services will only be provided as scheduled
by the client or their designated representatives (including the contractor or pertinent subcontractors).
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.
Structural Steel/Welding (on-site) $135.00 per hour 10 Hours $1,350.00
PM Management/Meetings/Review $140.00 per hour 2 Hours $280.00
Trip Charge 2 Trips @ $50.00
This estimate has been compiled based on information provided to GROUND Engineering Consultants, Inc. as of the date of proposal.
General Conditions and Limitations of Liability have been submitted herewith, and are incorporated herein by reference. This estimate
is not inclusive of any retests, nor of any changes to scope or schedule of work.
Total Proposed Estimate $1,730.00
Laboratory Testing and Unit Billing
$100.00
Estimated Time
Attachment A
Pitkin County Library
Aspen, Colorado
April 16, 2026 Proposal No. 2604-0751 Page 3 of 5
Authorization to proceed, whether verbal or written, constitutes your agreement that this proposal, along
with the General Conditions, constitute the terms of our contract.
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 _____________________________________________________, 2026
Pitkin County, by: _________________________________________________________________________
Print: ______________________________________________________________________________
Attachment A
Pitkin County Library
Aspen, Colorado
April 16, 2026 Proposal No. 2604-0751 Page 4 of 5
Attachment A
Pitkin County Library
Aspen, Colorado
April 16, 2026 Proposal No. 2604-0751 Page 5 of 5
GENERAL CONDITIONS
INTENT OF SERVICES: The services and any subsequent analysis and reporting performed by GROUND, herein 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.
TERMINATION: Consultant may terminate this agreement at any time for convenience and without consequence.
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 appropriately 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. A credit card fee surcharge averaging 3% will be applied to all invoices paid 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. Should Consultant refer the account to a collection agency or 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 product 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 its knowledge, its 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.
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.
THIRD-PARTY BENEFICIARY: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the
Client or Consultant. The Consultant's services under this Agreement are being performed solely for the Client’s benefit. No other party or entity shall have any claim against
the Consultant because of this Agreement or the performance or nonperformance of services hereunder, nor shall any product derived from the services pertaining to this
Agreement be transferred to any other party without the written permission of a Principal of the Consultant.
LIMITATION OF LIABILITY: Notwithstanding any provision in this agreement to the contrary, Client agrees to the fullest extent permitted by law, to limit Consultant’s total
aggregate liability to Client for any and all injuries claims, losses, expenses, damages, and costs arising out of or relating to the services provided by Consultant under this
agreement or related to the project, from any and all causes of action including but not limited to negligence, breach of contract, or any other legal or equitable theory, to the
amount of fee actually paid to Consultant.
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 subject 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 Consultant’s employees, owners, officers, or directors.
Attachment A
Certificate Of Completion
Envelope Id: B3615E23-EE8D-80B2-8018-8FDBA7CBE785 Status: Completed
Subject: Ground Engineering | Pitkin County Contract 073.26 (Library) R.1 for Review & Signature
Source Envelope:
Document Pages: 16 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
5/29/2026 11:38:30 AM
Holder: Pitkin County Procurement
Procurement@PitkinCounty.com
Location: DocuSign
Signer Events Signature Timestamp
Jodie Grady
Jodie.grady@pitkincounty.com
Assets Manager
Pitkin County
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 65.38.144.66
Sent: 5/29/2026 11:39:46 AM
Resent: 6/3/2026 1:41:16 PM
Viewed: 6/3/2026 2:03:35 PM
Signed: 6/3/2026 2:04:08 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Nick Andrade
Nick.andrade@groundeng.com
Principal
Ground Engineering Consultants, Inc.
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 65.153.133.210
Sent: 6/3/2026 2:04:10 PM
Viewed: 6/3/2026 3:23:23 PM
Signed: 6/3/2026 3:31:36 PM
Electronic Record and Signature Disclosure:
Accepted: 5/21/2026 11:49:49 AM
ID: 76014a66-fb41-4100-a605-b44d5acf178a
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
Pitkin County Procurement
procurement@pitkincounty.com
Ruslana Ivanova, Procurement Specialist
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 6/3/2026 3:31:38 PM
Resent: 6/3/2026 3:31:48 PM
Viewed: 6/3/2026 4:30:43 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Carbon Copy Events Status Timestamp
Accounts Payable
AP@pitkincounty.com
Accounts Payable
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 6/3/2026 3:31:39 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Miosha Santos
miosha.santos@pitkincounty.com
Security Level: Email, Account Authentication
(None)
Sent: 6/3/2026 3:31:39 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 5/29/2026 11:39:46 AM
Certified Delivered Security Checked 6/3/2026 3:23:23 PM
Signing Complete Security Checked 6/3/2026 3:31:36 PM
Completed Security Checked 6/3/2026 3:31:39 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
you with 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 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,
acknowledgments, 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: 3/20/2020 3:28:13 PM
Parties agreed to: Nick Andrade
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 Helpdesk@provelocity.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 Helpdesk@provelocity.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 Helpdesk@provelocity.com and in the body of such a request, you
must state your e-mail, full name, Postal Address, telephone number, and account
number.