HomeMy WebLinkAboutbocc.con.107.2006
CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLEIIK AND RECORDER FOR
SCANNING/ ARCHI' lING
Originating Department/Division: Building
Contact Person: Tony Fusaro Phone #: 92')-5101
Project Name Pre-Qualified contractors
CONTRACT#: Ij1.j~ot
D BOCC AGENDA ITEM
(BaCC signature required)
[gJSTAFF AUrHORIZED SIGNATURE
(per Revised Procurement Code 7/2005)
Check procurement type:
DNone DInformal [gJFormal DSole Source DEmergc:ncy DState Bid D
Check Contract Tvpe:
[gJServices/Maintenance
DLicense/U se
DLease
DConstruction
DGoods, Equipment, Supplies
DOther (e.g. revenue)
Budget Line Item/Ledger l'~umber 002030000082000
DEmployment (fOl county employees)
DIntergovernment~.1 Agreement (Requires BOCC Action)
ONon-Profit
OQuasi-Public
DGrant Agreements (Requires BOCC Action)
DChange Order/Cc ntract Amendment
Dollar Amount: $49999
Contractor/Business (Complete Name): White Horse Com ultants
Contract Execution Date:May 1,2006 Contract End Date: May 1,2009
Automatic Renewal (Y[gJNO) Term of Car tract:3year(s)
All Contracts should be proofed for the following:
[gJNo Pages Missing
[gJIf a Page is Left Intentionally Blank -Note on Page
[gJPage numbered consecutively
[gJAll Signatures Affixed
[gJAll Dates Filled In
[gJAll Other Blanks Filled In
[gJAll Exhibits Attached
DAll Legal Descriptions Attached (if appropriate)
ONotice of Award/Proceed Attached (if appropriate)
DSpecial Instructions for Finance Department:
[gJSent to Clerk and Recorder for Scanning/Archiving
[gJAuthorized Staff Person's Name: Tony Fusaro
BY CHECKING ABOVE AND ENTERING NAME, lHE AUTHORIZED STAFF
PERSON INDICATES THAT DOCUMENT HAS BEJ:N PROOFED AND READY
FOR SCANNING.
I
Rev. 2/27/06
CONTRACT FOR PROVISION 0)' SERVICES
THIS CONTRACT is made and entered by and between the Pitkin County Board of
County Commissioners ("County") and Lawrence Doble, W lite Horse Consultants, of 498 Mesa
Verde A Venue, Carbondale Colorado (hereinafter "Contracto r").
1. Term. The term of this contract is from May 1, 2006 to May 1, 2009. [At the
expiration of the initial term, the contract may be extended Tor an additional term of three years
by the express written consent of both parties.]
2. Contractor's Obligations.. Contractor shall
a. Provide structural plan review for complia lce with codes under adoption by
Pitkin County at the time of plan review.
b. Provide documents identifying areas in Wf ich plans do not meet minimum
requirements.
c. Project Budget and Schedule: Reimbursab e expenses are $90.00 per hour for
structural plan review.
3. Compensation and Expenses, Invoicing, Pa'rment and Offset. The County shall
compensate Contractor for its services in accordance with thf Project Budget and Schedule set out in
Paragraph 2. It is expressly understood and agreed that in n) event will the total compensation and
reimbursement to be paid hereunder exceed the sum of $49,9'>>9 for all services rendered. By contract
or amendment, the County and Contractor may reallocate thf budget among project tasks if the total
budget amount remains unchanged. Contractor shall invoicc for the project monthly based on hours
worked, with payment expected 'Yithin thirty (30) days of ir voice, but any payment by thc County
may be offset by any amount the Contractor owes the Co mty for any reason. Payment of five
percent (5%) of each invoice will be withheld by the County until the Contractor's obligations arc
completed. In the event the Contractor incurs time and expel lses in excess of the total compensation
stated above, no compensation for said additional time and e Kpenses shall be required to be paid by
the County without written amcndment to this contract execUl ed by the County.
4. County's Exclusive Ownership of Work P 'oduct. Drawings, specifications,
guidelines and other documcnts prepared by Contractor in cc nncction 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 prep, red, developed, or created pursuant
to this contract, including the right to: I) reproduce the wo 'k; 2) prcpare dcrivative works; 3)
distribute copies to the public; 4) perform the works PU~iclY; and 5) to display the work
publicly. Contractor shall have right to use matcrials produc d in the course of this contract for
marketing purposes and professional presentations, artic cs, speeches and othcr busincss
purposcs.
5. Pitkin County's Obligations. Pitkin County shall administcr this contract through
a County Rcprcscntativc. Anthony Fusaro will mana5c the project as the County's
Rcpresentative. In thc event that Anthony Fusaro is not avail ible, James Austin shall assume the
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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.
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.
8 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.
9. Binding Arbitration. Any disputes arising out of this contract shall be subject to.
binding arbitration. The parties agree that any disputes concerning the terms and conditions of
this contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted
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pursuant to the rules of the American Arbitration Associati( n and shall be presided over by the
Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of
the arbitration shall be awarded to the substantially prevailin~ party.
10. Severability. In the event that any provision of this contract shall be held to be
invalid or unenforceable, the remaining provisions of this coutract shall remain valid and binding
upon the parties hereto
11. Integration and Modification.
A. This contract represents the entire and inte grated contract between the County
and the Contractor and supersedes all prior negotiatiOlls, 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' ; 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 definiti( n here and hereinafter, its officials,
employees, agents and representatives, subcontractorsmd 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, judgment, expenses, costs (includinl costs of investigation and defense),
fees (including reasonable attorney and expert witness ees) or compensation in any form or
kind whatsoever for any bodily injury, death, personal njury or property damage arising out
of or in connection with any negligent act, intenti, mal act, error or omission by the
Contractor, and for any consequential liability allegf d to accrue against the County on
account of the Contractor's acts, errors or omissi,ms; provided, however, that such
indemnity shall not be construed as an indemnity fo r 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, payor settle all claims, dema I1ds, or lawsuits related hereto at its
sole expense and shall bear all other costs and expens ~s related thereto, even if the claim,
demand or lawsuit is groundless, false or fraudulent.
13. Insurance.
A. In whole or in part, the Contractor shf II secure and maintain for the term
of its contractual relationship with the County such: nsurance 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 insur-
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ance coverage, at or above the limits indicated and including such endorsements as are
indicated by an "X", are required:
1. Statutory Workers' Compensation: Colorado statutory minimums
2. Commercial General Liability - ISO 1998 Form or equivalent
(With County named additional insured)
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Comprehensive Form (All risks) to include (place X by applicable
provisions]:
Premises/Operations
Underground, Explosion & Collapse Hazard
Products/Completed Operations
Contractual Liability
Independent Contractors and Subcontractors
Broad Form Property Damage
Personal Injury
X
X
X
X
X
X
3. Business Auto Coverage:
Combined Single Limit Liability (each accident) $1,000.000.00
Including all owned, non-owned, and hired vehicles.
4. Special Coverages (check as appropriate and insert amount):
(l) Performance Bond
Labor and Material
Payment Bond
X (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
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 commencement of operations
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affecting the County. Failure to file or maintain acceptable Certificates of
Insurance with the County is agree:l to be a material breach of any
contract. These Certificates of InSUlll1Ce shall contain a provision that
coverage afforded under the policies will not be canceled or materially
altered unless at least thirty (30) cal endar days prior written notice by
certified mail, return receipt requested (effective upon proper mailing), has
been sent to the Procurement Office '. (For purposes of this provision,
"materiafIy altered" shall mean a chaQge affecting the coverage's required
herein, including a change to policy imits as set out in the then-current
policy declarations page).
Simultaneously with the Certificatf s of Insurance, the Contractor shall
file with the Procurement Officer a cel ~ified statement as to claims pending
against the required coverages, resefl 'es established on account of such
claims, defense costs expended and am(lunts remaining on policy limits.
2. In addition, these Certificate s of Insurance shall contain the
following clauses:
a. The clause "other insura nce provisions," in a policy in which
the County of Pitkin holds a Cel tificate, shall not apply to the County
of Pitkin.
b. The insurance companies issuing the policy or policies
hereunder shall have no recoUJ se against the County of Pitkin for
payment of any premiums or for assessments under any form of
policy.
c. Any and all deductible, in the above-described insurance
policies shall be assumed by am 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 : 'enewal policies shall be delivered to
the County's Representative at least f fteen (15) days prior to a policy's
expiration date except for any policy eJ :piring on the expiration date of this
contract or thereafter.
4. The County reserves the right t) request and receive a copy of any
policy and any policy endorsement al any time during the term of this
contract.
14. Exemptions and Preferences. All purchases )f construction or building or any
other materials for this contract shall not include Federal Exc se Taxes or Colorado State or local
sales or use taxes. Pitkin County is exempt from such ta} es under registration numbers 98-
02624 and 84-78000-5K.
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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 agreed to ,
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 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.
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 sh,!ll 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:
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A. To Pitkin County:
Anthony Fusaro
130 S. Galena St.
Aspen, Co 81611
Fax 970-920-5439
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
Fax: (970) 920-5198
B. To Contractor:
Lawrence Doble
White Horse Consultants
498 Mesa V erde Avenue
Carbondale, CO 81623
Fax 970-704-9486
IN WITNESS WHEREOF, the parties have executed this cur tract as of the date first set out
herein above.
CONTRACTOR:
BY/ ~
~..... l\.4. I - J J.P .;::::. 1I"'"'V.....
Title [7e:~ , 1:/oV-J...6;i , LAJt-T<.....- v 1 ~
Date
PITKIN COUNTY:
By: fl4d#~
Authonzed Signer
~(r'~b
ate
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If $50,000 or over:
By:
Hilary Fletcher Smith, County Manager Date
8
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FROM :D13BLE/WHC
FAX NO. :971371349485
Ma~. 139 213135 11:49AM P2
CERTIFICATE OF INSURANt:E
121 STAn: FARM FIRE /tiff) CASUAlTY COMPANV, Bloc mlngtvn, IIIInaia
LI STATE FARM GENeRAL INSURANCE COMPANY, al'lOlllinglgn. illinois
Insures lhB follawing policyholder for lPte ClM!..~ indlclll8d bolow:
Nome of policyt1oIder WHITE HORSE: CONSULTANTS LTD
ii;iW unt of
{f}~nf
iIi" I tH/1
Th~ c:enifies that
AddreslJ of policyt1llldlJr
498 MESA VERDE AVE.
CARBONDALE, CCL81623
M1SC
Location of ~
ThIa 1l1llUl'anat ioduOeS:
Comprelllll'lllMl
au. u
OPn:ldul:!. . Comllle1Bd Opendiona
o Cllf1InIiGlI.MI LiotIiIly
o U~ Hruard ccwerage
o p~ IIIjUIY
o Ad\rSnI8lng Injwy
CJ fJcQIotiOn HuaRI Cov8f1l9El
o ec__ H8zimI Coverage
O~AtN~a.mtIllPIl-ttl~~
o
[l
exOESS LIASIL.1TY
o Umbrella
P 0Itw/f'
POUCV PIIRIOO
EffedM Oatl ExDlration ~
Wor1lln' Coqlel1utiun
and EmplOyerS LiiIbiit;
POUCY HUMSSA
9f)-E6-32474
~ OF INSURANCE
BUSINESS OFF!C
lit.. and M<<_ ClI ~ Holder
PITKIN COUNTY
130 S. GALENA ST.
ASPEN, CO BUill
li:\4Iofi4 .2-90 I'!inIDd In U.SA.
:;:~/~13 3!Sll1d
31 \;1!:ln.:P:roOl.
st1IlW!1. TJIe insul8NI8 IMec:ribed in __ pollda Ie
S1IO'1m IT1lIIV '- been ,,"~IIV any IltIid daim",
UMITS 0 BlUTY
(lit beginning r;J DOlleY ""odl
BOPIl Y INJURY AND
PROPERTY DAMAOe
e.cIl ~
$
o..nllllill AwlCVOle
PrcduWJ - Complllted
OpenltiC:llll AQilflii9ate
I
$
aoOIL V INJURY AND PROPERTY DAMAGE
(CQmbIned ~ \init)
Ead1 0QCum:nce I
Aom'eaate $
p~ 1 STATUTORY ,
Part 2 BODILY INJURY
Each AcddI:td $
~ Each ErnpIoJee $
QM!lM. Pob Umll w.\.
UMITS Of' un
@t bllaimillSl af~ penod)
2.000.000
4.000.000 AGG
at !he described polcielJ _ cancelelJ befors Ita
d8l&, StIlt8 F..-m wit try to It1IiI a 'MllIen no1k:8 \0
holdef 10 daY8 Detore canc;cllallon. If,
, '" fail to mall luctI nallee. no obligation Of' Iiatliity
~ Ql't SlIlIO Fimn or Illt egenlS or
u.
If)
lacaoCQ&:Clt,&:.
Q7.C~ ~~~7'rnl~n
FROM :D0BLE/WHC
FAX NO. :9707049486
Ma~. 09 2006 11:S0AM P3
'&
.......,.,.,
CERTIFICATE OF INtiURANCE
SUCH INSURAHC;E AS RESPliCT8 THE INTEREST OF TlfE caniATE HOLDER NAMIW BELOW WILL. NOT Be
CANCELED OR OTHERWI8I! Tl!RllIilATED WITHOUT GMNG 1 DAYS PRIOR WRnTEN NOTICE TO THE
CERTIFICATE HOLDER, 8lIT IN NO EVENT SHALL THIS CERnR TE BE VAUD MORE THAN 30 DAVS FROM
THI! DATE WRaI ..:N. THiS CERTIFICATE OF '''URANCe OOES T CHANGE THE COVERAGE PftOVlDED 13V
ANY POUCY DliSCRI8ED BELOW.
Thia certifies that ~ STATE FARM MUTUAl AUTOMOBILE INSUR !\NCe COMPANY 01' Bloomington, illInoIS
STATE FARM FtRE AND CASUAL TV COMPAl ~y of Bloomington, Illinois
STATE FARM COUNTY MUTUAL INSURANCI-i COMPANY OF TEXAS 01 Dallali, Tel<<I" or
STATE I==ARM INDEMNITY COMPANY of SlllOl ni~ton. Illinois
ha& coverage In roroe (or th* (oIowIng N8med 'n5\Jred lIS shown below:
--
NAMED INSURED: I.NUlV OO!l!,1il IJQA \tUU'1! HOOSE CON9't,'/l.'rAN'l:S L'r .
AOORESS OF NAMfn I : 499 MESA VI!.l\DE Jl,Vll:. CAtUlON Di'\LE, o B16Z3
POUCY IllUMBeR O13-99i2-807-0GV
-
eFFECTIVE DATE
Of poucy 02/07/06-08/07/06
DESCRIPTION Of' 2004 TOYOTA
TOIIONl
VEHICl.E (I"'*"fnIVlN) 5'l'SB'l'441S4SU 5599
LlABILITY CO~~ ~ YES 0 NO J 0 YES
LIMITS Qf' UABIUTY
.. Bodily I~ry
E&h ~ Sl, OClO, OClO
I
ONO loves
DNO
Dyes
DNa
ElIch Ac;Qdanl $1,000,000
b. ~ Damage
Eac;h . 111,000,000
'" BodIly In)lry &
p
raperty D~
Slngle limit
&d1 AQr;kItllt
PHYSICAL DAMAGE
COVRRAGES
.. Comp/'et\ensive
~YES DNO DYES DNO Dves 01'10 DYES DNO
$ .2:10 IlG ~.. $ ~~ S Dedullllble $ o.d~
181 YeS 000 Dves DNO DYES DNO DYES DNO
S .2;\0 ~u~ $ 1Aoduai:D $ Oo>duct.illle $ o.dul'llOle
DyES 181 NO I DVES DNO DYES ONO DYES ONO
DYES 18I NO DYES DNO OVES [JNO DyES DNO
181 NO DYES DNO DYES ONe o YES ONO
AGEt.1T 1997 05/09/015
e ,.. Aganrs Code Nllmboolt 0_
HoIdIIIr Name aIlQ ~tl:H Qf AQ$n1
TODD FUGA'!'!;, CI?C1l
SilO HWY 133
CAlUlONOlll.R, co 8162 3
970-963-5611'
b. CoIlaion
EMPLOV'I!RS I'IONoOWIED
CAR UI.allllY covaw3I!
HlAl!!D CAR UABlLllV
Gf.l
FLsrr - CO'JeRAGE FOR
AU.. ClIIIEDAND UCI!I\El!D
MOTOR \/EHI
,NTelNAL STAn; FARM USI!1 CI\L V: CJ ~_ pennanenl c.~ of In..._ fur Ila lltil)' _IIlt-.
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