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HomeMy WebLinkAboutbocc.con.104.2005 CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING Originating Department/Division: _Transportation Contact Person: Bert Pearce Phone #: _5397 Project Name Research Project Contract #: _05-104 STAFF AUTHORIZED SIGNATURE BOCC AGENDA ITEM (BOCC signature required) __X STAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7/2005) Check procurement type: None Informal X Formal __ __Sole Source Emergency State Bid __ Check Contract Type: Dollar Amount: $_$49,000.00_ Ledger Number 001.51.95207.82000 X Services,qVlaintenance License/Use Lease Construction __Goods, Equipment, Supplies __Grant Agreements (Requires BOCC Action) __ Change Order/Contract Amendment Other Employment (for county employees) Intergovernmental Agreement (Requires BOCC Action) Non Profit __.Quasi-Public {~O~T~O'~ ~~ Contractor/Business (Complete Name): Compass Mountain Land Use, LLC Contract Execution Date: 09/27/2005 Contract End Date: _12/31/05__ Automatic Renewal (Y/N): N__ Term of Contract: year(s) All Contracts should be proofed for the following: · No Pages Missing · · If a Page is Left Intentionally · Blank - Note on Page · · Page numbered consecutively · · All Signatures Affixed · All Dates Filled In All Other Blanks Filled In All Exhibits Attached All Legal Descriptions Attached (if appropriate) Notice of Award/Proceed Attached (if appropriate) Sent to Clerk and Recorder for Scanning/Archiving //~-~rzn~--~.~.~._~_ - Date: _10/4/05__ Authorized Staff Person Signature of authorized staff person indicates that document has been proofed and ready for scanning. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. Rcli~ed bx .hMt ,~/1~/0~ STAFF AUTHORIZED SIGNATURE CONTRACT Rev. 06/20/05 CONTRACT FOR PROVISION OF SERVICES Contract # e $'-- / o ?t LineltemAccount# (7o/ fi'/. q)--..~ o ."~: ~2oo c, THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ("County") and Compass Mountain Land Use, LLC, P.O. Box 86 Glenwood Springs, Colorado 81602, (970) 618-8136 (hereinafter "Contractor"). 1. .Term. The term of this contract is from September 15, 2005 to December 31, 2005. 2. Contractor's Obligations. Contractor shall -refer to Exhibit A proposal/RFP and Exhibit B Scope of Work. 3. 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 2. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of $ 49,000.00 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, but any payment by the County may be offset by any amount the Contractor owes the County for any reason. 4. 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 fight 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. 5. Pitkin County's Obligations. Pitkin County shall administer this contract through a County Representative. Bert Pearce PROCUREMENT OFFICER will manage the project as the County's Representative. In the event that Bert Pearce PROCUREMENT OFFICER is not available, Bud Eylar Pitkin County Engineer 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. 6. 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. Not withstanding 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. 7. 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. 2 10. 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 11. 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. 12. Indemnity. A. The Contractor (including, by definition here and hereinafter, its officials, employees, agents and representatives, subcontractors and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty, judg- ment, expenses, costs (including costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act, error or omission by the Contractor, and for any consequential liability alleged to accrue against the County on account of the Contractor's acts, errors or omissions; provided, however, that such indemnity shall not be constmed as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its employees. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 13. Insurance. A. In whole or in part, the Contractor shall secure and maintain for the term of its contractual relationship with the County such insurance policies, from companies licensed in the State of Colorado, as will protect itself, the County and others as specified, from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from the Contractor's acts, errors or omissions. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an "X", are required: Statutory Workers' Compensation: Colorado statutory minimums q Commercial General Liability - ISO 1998 Form or equivalent (With County named additional insured) Each Occurrence Limit General Aggregate Limit Products/Completed Operations Aggregate Limit $1,000,000.00 $2,000,000.00 ,2,000,000.00 Comprehensive Form provisions): X (All risks) to include (place X by applicable Premises/Operations Underground, Explosion & Collapse Hazard X Products/Completed Operations X Contractual Liability X Independent Contractors and Subcontractors X Broad Form Property Damage X Personal Injury Business Auto Coverage: Combined Single Limit Liability (each accident) $1,000,000.00 Including all owned, non-owned, and hired vehicles. X Special Coverages (check as appropriate and insert amount): (1) Performance Bond Labor and Material Payment Bond (2) Professional Errors and Omissions (3) Aircraft Liability (4) Owner's Protective (5) Builder's Risk (6) Boiler and Machinery (7) Loss of Use Insurance (8) Pollution Liability (9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond Proof of Insurance should be sent to: Pitkin County C/O Bert Pearce 76 Service Center Road Aspen, Colorado 81611 B. Proof of Insurance: 1. To provide evidence of the required insurance coverage, copies of Certificates of Insurance in a form acceptable to the County shall be filed with the County through the representative identified in Paragraph 5, no later than ten (10) calendar days prior to com- mencement of operations affecting the County. Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of any contract. These Certificates 4 of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendar days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the Procurement Officer. (For purposes of this provision, "materially altered" shall mean a change affecting the coverage's required herein, including a change to policy limits as set out in the then- current policy declarations page). Simultaneously with the Certificates of Insurance, the Contractor shall file with the Procurement Officer 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. following clauses: 2. In addition, these Certificates of Insurance shall contain the a. The clause "other insurance provisions," in a policy in which the County of Pitkin holds a Certificate, shall not apply to the County of Pitkin. 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 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. 14. Exemptions. All purchases of construction, 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. 15. 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. 16. 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 agreedto be exclusively in the courts of Pitkin County, Colorado. 17. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. 18. 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 $150,000.00 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 constmed 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. 19. 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. 20. Notice. Any written notice required by this contract shall be deemed delivered through any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: To Pitkin County Bert Pearce Procurement Officer 76 Service Center Road Aspen, Colorado 81611 Fax: 970-920-5374 6 with copies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 81611 B. To Contractor: Compass Mountain Land Use, LLC Eric McCafferty President P.O. Box 86 Glenwood Springs, Colorado 81602 Fax: 970-945-2274 IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. By: ~ Title ~)~ o~-~r Date PITKIN COUNTY: By: ~fe __ .~ :~"' ~,.,.~_~ Authorized Signer Date 8 THIS PAGE LEFT BLANK INTENTIONALLY EXHIBIT A Request for Proposals Submittal Property Research - Pitkin County, Colorado Project Overview Pitldn County is currently seeking a qualified consultant or firm to provide Geographic Information Services (GIS) and related mapping, in conjunction with land title property research. Items specifically identified to be researched include documented and undocumented Pitkin County road Rights-of-Way, easements, real property, exactions and trails. The prospective research candidate or firm will have the ability to research and clarify the status of recorded and unrecorded County ownership interest in its fights-of-way and other deeded ownership interests in property. In addition, and perhaps more fundamentally, the successful research candidate will have the ability to identify and sort properties that must be further researched to determine the County's ownership interest. The researched properties must be identified and included, in a meaningful way, within the Pitkin County GIS database. To the extent that ownership information relative to the County right-of-way is undetermined, a rationale must be developed to identify the County ownership and document or record the same. A mandatory pre-bid conference was conducted Thursday, December 4, 2003. This meeting identified that Pitldn County was seeking cost-effective, practical and innovative solutions to address the research project and provide GIS support to update the County's GIS database, in tandem with property ownership interests the County may have and may currently be unaware. This meeting further identified that the successful bidder would be provided all available County-held ownership, mapping, and other information relative to the known ownership of County rights-of-way, easements, real property, exactions and trails. Compass Mountain Land Use, LLC RFP- Pltkin County Property Research Page loft Automated IdenthNeafinn and Selection Approach Rationale Compass Mountain Land Use, LLC, (hereinafter, Compass Mountain) if selected the successful bidder, has developed and will implement a process to initially determine those parcels that are intersected by, or adjacent to, road fights-of-way. We will utilize this information to establish a list of properties to be researched for determination of ownership and documented or undocumented right-of-way encumbrances. Compass Mountain has, within its GIS database, Pitkin County Assessor Parcel Maps, database information including Assessor's Parcel Numbers, private ownership, Pitkin County road information, and trail information. This information will be assigned a hierarchical relationship to the project and sorted by the computer to determine all parcels affected by the selection criteria, such as County road rights-of-way. After computer sorting of these parcels, the resulting parcel data will be compared to known County ownership records, which should further reduce the amount of parcels that have indeterminate County right-of-way ownership. The properties resulting from this two-step sorting process will further be checked by querying the GIS database to determine known road lengths. Once this information is established, the GIS will be queried to calculate and assign road segment lengths to the individual parcels. These identified parcels will then be researched to determine the status of documented or undocumented road (or la'ail) right-of-way. For instance, say an individual, private parcel has been identified by the GIS as having 1000 feet of County roadway frontage. Ownership records maintained by Pitkin County would then be searched to determine the amount of that frontage that has been deeded to Pitkin County. If the County has been deeded or owns less than the full amount of frontage, the title researcher will determine the extent of the missing right-of-way, by reviewing the deeds and ownership information relevant to that parcel, and by researching the records maintained in the Pitkin County Recorder's Office. This information will then be converted to a GIS attribute table (spreadsheet) for inclusion within,, the County's GIS. This way, the title researcher, in conjunction with the GIS specialist, will update the ownership records while locating and identifying any missing right-of-way information. Conversion of the roadway attribute tables would provide immediately useful GIS data to the County GIS Department and would eliminate the need for the County to utilize a substantial amount of time editing the attribute table for inclusion within the County GIS. Compass Mountain feels it is important to make the following notes regarding GIS compatibility: In order to ensure GIS compatibility, one must have: 1. A GIS layer of counO~ road segments; 2. A table of attributes (spreadsheet) which describe the road segments; Compass Mountain Land Use, LLC RFP- PltMn County Property Research Page 2 of 7 3. A unique ID number to link each line in the table to its corresponding road segment on the map; If PitMn County chooses not to acquire the G1S roads RO[F layer at this time, it must be understood that it will not have true GI$ data compatibility, us stated in the project requirements. It will, in fact, have a Rights-of-F~ay spreadsheet which will not match the county's existing roads layer. t~tthout acquiring the GIS roads ROgF layer now, PitMn County will be required to invest a considerable amount of additional GIS staff time editing their roads layer to correspond with the spreadsheet. Additionally, a spreadsheet without a corresponding GIS road segment layer would also be required to include accurate road segment lengths for county GIS staff to be able to reconstruct the intended roads segmentation. }Fithout segment lengths, even more work will be required of county staff to produce a matching GIS layer. It must be emphasized that it is far more efficient to acquire the GIS layer and the data in the same integrated package rather than attempt to reconstruct the intended map segmentation at a later date~. Compass Mountain has compiled a map, using Pitkin County and Colorado Department of Transportation GIS data, and has identified approximately 1,345 parcels that are either traversed by County roads or have County road frontage. (Please see the attached map.) This map is also connected, within the GIS, to the tabular ownership information maintained by the Pitkin County Assessor. ~ It is necessary, at this time, that Pitldn County determines exactly what it wants from this project. In reality, a complete research project would include the title research and the GIS layer and data. Compass Mountain has utilized the analytical capabilities of its GIS and computer databases to establish the starting point of the property research portion of the project. If the County only wants title research accomplished, Compass Mountain can perform the job and all of its resources will be devoted to title research. The deliverables would consist of photocopied deeds or other documents establishing County ownership of fights-of-way. If, however, the County desires or requires the title research to be in a form that is (readily) useable by the County and its GIS department, it must decide at this time and provide the requisite direction to the consultant. This decision will dh'ectly affect the amount of time and money that would be devoted to the deliverables required by the County. Regardless of the decision and direction of the County, Compass Mountain is uniquely qualified to provide an entire package of ownership research and GIS database inclusion. However, the direction of the County will affect the project timeline and the amount of work that can be accomplished under the current ~ budget. Compass Mountain Land Us~ LLC ~, RFP- Pltldn County Property Research Page $ of 7 These tables include the Assessor's Parcel number, as well as current ownership information (Please see the Sample Ownership Table below). If Compass Mountain is selected the winning bidder, this map and the related tabular and ownership information will be reconciled with the most-recent County information provided by the County GIS department. A more accurate list of affected parcels would then result, allowing the title researcher to begin reviewing ownership information. Sample Ownership Table~ PARCEL ACCOUNTNO OWNERNAME STREE~NO S~EETNAME STREETSUF SEARCH 246532101002 R006945 GATES GALE VAGNEUR 4950 SOPRIS CREEK RD 1 246532101003 R006971 RUSSO RICHARD SOPRIS CREEK RD 1 246532301001 R014092 RESNICK BRAD A & CANDACE J 5383 SOPRIS CREEK RD 1 246533201003 R006958 MCGUCKIN JAMES & GAY F SOPRIS CREEK RD 1 247322100013 R008511 SLEDGE CHARLES L & MARY JANE 1600 NORTH FORK RD 1 247328100175 R006598 VAGNEUR CLYDE O & KATHRYN O 28110 FRYING PAN RD 1 247328100176 R006524 HUNT ROBERT D & KATHERINE R 28100 FRYING PAN RD 1 247328400041 R006645 NORRIE COLONY INC 28184 FRYING PAN RD 1 247328400801 R014229 NORRIE COLONY INC 28184 FRYING PAN RD 1 291706100001 R012617 HECKERT CLARK W & PAMELA B 21811 HWY 133 0 The Search column on the far right identifies whether or not a particular parcel is affected by (either traversed or has frontage along) a Pitkin County mad. In the above example, a parcel with the numeral 1 in the Search column identifies that the parcel is an eligible parcel for road right-of-way research. The other columns provide actual ownership information telling the title researcher where to begin looking for deeds which may describe the County road right-of-way along or across that parcel. Kev Staff Information Eric D. McCafferty, President of Compass Mountain Land Use, LLC, will be the project lead. Mr. McCafferty is competent in the use of ARC/GIS and has been researching public land records for over eight (8) years. Mr. McCafferty's time will be spent, as needed, with either GIS compilation or in title research. A summary of qualifications is included in the Appendix. Rob Hykys will be the lead GIS specialist. Mr. Hykys has 10 years experience with ARC/INFO and ARC/GIS, is an accomplished map maker and can, if needed, provide additional title research support. James McDonald is a certified and licensed Resident Producer Individual for Title Insurance, as approved by the Colorado Insurance Producer Licensing program, License Number: RPI001509223. Mr. McDonald will spend his time in the title research portion of this project. 2 This Table has been excerpted from the records maintained by the Pitkin County Assessor. 3 Please see the Appendix for a copy of the referenced certificate. Compass Mountatn Land Use, LLC RFP- Pltkin Coun~ Property Research Page 4 of 7 attribute tables for ready inclusion in the County GIS, the monetary portions of the budget would not need to be changed. However, any unit increase in the GIS component of the project would result in a unit decrease in title research component. If it tums out that 300 parcels require further research and if the average search time of each parcel is one (I) hour, then it would take Compass Mountain 300 hours, or 10 weeks, to complete the research portion of the project. Until Compass Mountain knows the mount of parcels that will require additional research, we cannot predict, with certainty, the amount of time the title research will take. Bid Proposal Compass Mountain proposes to accomplish as much of the research and mapping as the currently budgeted $62,000 will provide. Therefore, for this project, Compass Mountain's bid is $62,000. Based on the County's current direction, Compass Mountain projects the following list breakdown of expenditures: Direct hourly compensation to Key Staff: Administrative Support/photocopiesn of documents: Mileage, postage, reimbursables: Project Total: $62;00g e Due to the open-ended nature of the project, Compass Mountain proposes to complete the project based on the County-designated hierarchy assigned to the different components of the project. It appears that the prima~ focus of this project is title research of County road rights-of-way. If the County would like the research delivered in a format that is consistent with the County GIS, then it is likely that the title research, as well as the GIS component of the project, can be completed with the funds currently budgeted. If funds remain from the original budgeted amount, Compass Mountain would utilize these funds for the other research projects, as designated by the County. For instance, Compass Mountain could begin research, based on a similar database sorting rationale, of County trails, or any other feature, facility or asset the County determines to be important. Compensation Method Upon successful execution of the contract and notification to proceed, Compass Mountain requires a 10% project mobilization and start-up fee of $6,200. This fee will compensate Compass Mountain for the first month of research, for coordination with County departments and any direct reimbursables associated with commencement of the project. 4 Currently, photocopying charges are $1.25/page. If these copying fees are waived due to the public nature of the project, then these funds would be utilized for additional title research. Compass Mountain Land Use, LLC RFP- Pitkin County Property Research Page 6 of 7 Project Timetable Upon notification of the winning bid and successful contract negotiation and execution, Compass Mountain can mobilize and begin reviewing ownership records within one (1) week. Much of the work relative to identification of affected parcels and ownership has already been completed. Compass Mountain would utilize the most-current County information in completing its sorting of potentially affected parcels. Additionally, we would coordinate all deliverables with the affected departments, such as public works and GIS, and would begin reviewing County ownership records. As previously mentioned there are approximately 1,345 individual parcels that have been identified as being eligible for property records search. The extent of the County's ownership records is unknown. Obviously, it is critical to obtain all County information in order that the list of parcels to be searched for right-of-way interests can be further and accurately reduced. Compass Mountain has previously selected a random parcel affected by a Pitkin County right-of-way and has conducted an initial, complete search (back to patent) of this parcel for County right-of-way ownership interest. In this one example, the research took approximately one (1) hour. It would not be statistically meaningful or accurate to extrapolate the results for this one parcel. However, if the average time of search, per parcel, is one (1) hour, and there are 1,345 parcels requiring research the title search time requirement would be 1,345 hours. Compass Mountain believes that the County ownership records will very likely reduce the number of parcels requiring a title search. However, it is impossible to know by how many parcels the total number will be reduced. Thus, any projection contained herein cannot be reliably stated. If the County knows it holds good and complete title to a particular county road, or roads, then there would be no reason to search the affected land parcels. However, if the County is unsure of its ownership along a particular county road, then it may be necessary to perform a complete search of all individual parcels that have frontage along, or are traversed by, the county road. Compass Mountain can devote no less than 30 hours of on-site (Pitkin County Recorder's Office) title research time, per week. Due to the unknown and difficult to predict nature of this research project, each key staff member will work at the compensation rate of $~'Ja~00 per hour. In doing so, it will be possible to shift one key staff member from one portion of the project, such as title research, to another portion of the project, such as GIS attribute table production and inclusion, without affecting the overall budget. The $5'r~0 per hour figure is a convenient number for planning, budgeting and bidding purposes, as well as a reasonable amount of hourly compensation, for this project. This results in 1000 hours ofreseareh (including GIS) time. If the focus of this project is strictly land records and title research, then 1000 hours will be devoted to identifying the status of County ownership of its road rights-of-way. If, however, the County directs the consultant to provide the requisite GIS Compass Mountain Land Use, LLC RFP- Pltkin County Property Research Page $ of 7 Summary of Qualifications Land Use Planning Degree from Metropolitan State College of Denver, 1995 (Bachelor of Science in Land Use and Geology, with an emphasis in Geographic Information Systems) Senior Planner, Garfield County Planning Department, 1995 to 1998 Land Use Planner II, Eagle County Community Development, 1998 to 1999 Director, Compass Mountain Land Use Institute, Inc., (a Colorado non-profit corporation) 1999 thru 2001 President, Compass Mountain Land Use, LLC, 2001 thru Present Additional Experience and Education: Rocky Mountain Land Use Institute, 2000 Spring Seminar; Denver, Colorado Rocky Mountain Land Use Institute, 1999 Spring Seminar; Denver, Colorado Rocky Mountain Land Use Institute, 1998 Spring Seminar; Denver, Colorado Continuing Legal Education, Cutting Edge Issues in Land Use, Fall 1997 Conference; Denver, Colorado Governor's Smart Growth and Development Conference, Fall 1997; Grand Junction, Colorado Geologic Hazards and Planning Conference, Spring 1997; Montrose, Colorado Governor's Smart Growth and Development Conference, Winter 1996; Glenwood Springs, Colorado Selected Land Planning and Review Project Portfolio Public Projects Only - Private Projects Are Not Listed * Roaring Fork Valley Open Lands Heritage Program (winner of ASLA national award, 1998) · Garfield County Comprehensive Plan / Zoning Resolution and Subdivision Regulations · Eagle County Master Plan · Eagle County Government Center, Tree Farm Site · Roaring Fork Railroad Holding Authority · American Soda, Parachute Plant · ChenoaJSpring Valley Planned Unit Development · Rose Ranch Planned Unit Development · Cattle Creek Crossing Planned Unit Development · Sanders Ranch Planned Unit Development · Cordillera Planned Unit Development Final Phase · Eagle County Cancer Treatment Center Future compensation will be charged at the rote of $55.¢,0/hour, per hour worked by each key staff member. Dally, weekly and monthly time sheets will be maintained, as will costs for administrative support and direct reimbursables, and submitted to the County for approval and payment on a monthly basis. [BSUFallCC All types and amounts of insurance required under the contract for this project will be maintained for the duration of the contract. List of References for Compass Mountain Land Use. LLC Mr. John Ellis, Vice President Security Title Guaranty Company 5995 Greenwood Plaza Boulevard Greenwood Village, CO 80111 800.525.3573 Mr. Walter E. Brown, m Attorney-At-Law 1120 Grand Avenue Glanwood Spt'rags, CO 81601 970.945.2361 Mr. John Martin, Chairman Garfield County Board of Commissioners 108 Eighth Street Glenwood Springs, CO 81601 970.945.1377 Compass Mountain Land Use, LLC RFP- PitMn County Property Research Page 7of7 Summary of Qualifications Land Use Planning Degree from Metropolitan State College of Denver, 1995 (Bachelor of Science in Land Use and Geology, with an emphasis in Geographic Information Systems) Senior Planner, Garfield County PLanning Department, 1995 to 1998 Land Use Planner II, Eagle County Comllmnity Development, 1998 to 1999 Director, Compass Mountain Land Use Institute, Inc., (a Colorado non-profit corporation) 1999 thru 2001 President, Compass Mountain Land Use, LLC, 2001 thru Present Additional Experience and Education: Rocky Mountain Land Use Institute, 2000 Spring Seminar; Denver, Colorado Rocky Mountain Land Use Institute, 1999 Spring Seminar; Denver, Colorado Rocky Mountain Land Use Institute, 1998 Spring Seminar; Denver, Colorado Continuing Legal Education, Cutting Edge Issues in Land Use, Fall 1997 Conference; Denver, Colorado Governor's Smart Growth and Development Conference, Fall 1997; G-rand Junction, Colorado Geologic Hazards and Planning Conference, Spring 1997; Montrose, Colorado Governor's Smart Growth and Development Conference, Winter 1996; Glenwood Springs, Colorado Selected Land Planning and Review Project Portfolio Public Projects Only - Private Projects Are Not Listed · Roaring Fork Valley Open Lands Heritage Program (winner of ASLA national award, 1998) · Garfield County Comprehensive Plan / Zoning Resolution and Subdivision Regulations * Eagle County Master Plan · Eagle County Government Center, Tree Farm Site · Roaring Fork Railroad Holding Authority · American Soda, Parachute Plant * Chenoa/Spring Valley Planned Unit Development · Rose Ranch Planned Unit Development · Cattle Creek Crossing Planned Unit Development · Sanders Ranch Planned Unit Development · Cordillera Planned Unit Development Final Phase · Eagle County Cancer Treatment Center THIS PAGE LEFT BLANK iNTENTIONALLY LICENSE NUMBER ~,.~[00 ! 50922 COLORADO INSURANCE.PRODUCER LICENSE DATE OF iSSUANCE Effective: 12/21/02 Printed : 12/23/02 This licens~ c issue date): Date of Continuation (Renewal) 01/01/04 Subject to fulfillment of continuation requirements (fee and CE credits, if applicable) Colorado Division of Insurance VOiD IF ALTERED NON-TRANSFERABLE THIS PAGE LEFT BLANK INTENTIONALLY CONTRACT EXHIBIT B PROPERTY RESEARCH PROJECT SCOPE OF WORK Types of Assets and Information needed, by priority 1. The first priority for this project is to focus on existing County Roads, Road Rights-of-Way, easements, or otherwise, for roads that may be in contention. Once this work has been completed to the satisfaction of the County the contractor may be directed to begin researching other roads and properties, per the priorities listed. For all Roads, ROW's, and easements, the County needs width, location and any survey information available. For roads, Rights-of-Way and easements that are not under contention, the contractor will confn'm the most recent deeds as directed by the Project Manager to include: a binder with photo copy of deeds and a legal description to be sent to Bert Pearce for entry into the County GIS system. Contractor will assist in the creation of tables for this entry if needed. On all roads: a. Need to know what we own through recorded deeds, whether fee, ROW, or easement-reception # and/or book/page of recorded documents i. Start with Bert Pearce database, road maps, PW road files, any attorney, road files, vault road book, HUTF reso's b. On roads we maintain, but have no recorded ownership documents, need to know how long we've maintained and level of maintenance for possible adverse possession claims- Bert Pearce will direct any work on these c. Review County Plats, both subdivision and 1041, for dedications or references to county roads d. Identify claimed or potential RS 2477 roads-old maps. Commissioner meeting records also could be checked. e. Database - include spreadsheet and binder and recorded documents as needed (check with Bert Pearce). The contractor may encounter roads that do not connect or parcels that do not close and may be require additional research as determined by the Project Manager. The County Clerk's office will provide the contractor with a CD of its information to expedite the research project. This information is to be used for this project only, and will not be used for any other reason. The Contractor will complete a full abstract on any road, right-of-way, easement, trail, or other property that is currently under dispute. This includes abstracts of any parcel that is adjacent to or transversed by the County's claimed property interest. A list of disputed properties may be provided by the attorneys or at the direction of the Project Manager at any time during the project. Real property interests: need all recording information, any restrictions on use, parcel ID number, street address, total acreage, existence oft/fie insurance a. Start with assessor/GIS information on ownership/mining claims at X:Xassessor~mines.xls b. Attorney's office and vault-which properties have title insurance/original policies-get attomey list c. Include % ownership when less than 100%-mining claims d. 1994 database-Barb Hogan Exactions: need to know what additional easements, parks, open space, etc. have been exacted through land use approvals but have not been conveyed or otherwise documented- a. Com Dev-has results of Reso search from 1980-June 2003, includes fishing easements, recreation easements, but does not determine whether conveyance has occurred Contractor shall keep accurate records of what has been reviewed, so the County will not duplicate these efforts in the future.