HomeMy WebLinkAbout20082201.tiff EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
WELD COUNTY
AND
WESTERN STATES LAND SERVICES, INC.
DATED: July 23,2008
Work Order Number: Acquisition 11.01
Purchase Order Number:
Project Title: WCR 13/54A BRO CO30-031
Commencement Date: August 1, 2008
Completion Date: October 1, 2008
Limitations on compensation: (time and reimbursable direct costs): $10,900.00
Project Description: Land Acquisition Services
Scope of Services: SEE ATTACHED EXHIBIT"B"
Professional agrees to perform the services The attached forms consisting of three (3) pages
identified above and on the attached forms in are hereby accepted and incorporated herein, by
accordance with the terms and conditions this reference, and Notice to Proceed is hereby
contained herein and in the Professional given.
Services Agreement between the parties. In the
event of a conflict between or ambiguity in the Weld County
terms of the Professional Services Agreement By:
and this work order (including the attached Project rvfr tiger
forms) the Professional Services Agreement Date: v 8
shall control.
By: - - -
Brofession Department ad
By: <r/ � Date: B 7—a
ter
Phil B. Mazur President Q i
Date: $ 0.5By: �' - %7 ice
Direct of UUUUUUUUUUUU I LLUUUD�Oneacd, dministration
Date: HHHHHH
By:
Chairman, WJ Cqu4txf;Q,fnmissioners
Date: HHUU�� II 3 LL UUtt33
(4424/1-4d24--' oo2,i
c ) /J1‘dI —/V • 0e -a, e
44%
WESTERN STATES
Land Services, In C. Acquisition and Relocation Specialists
505 N. Denver Avenue
Loveland,Colorado 80537
(970)667-7602• Metro(303)938-1414
July 17, 2008 Fax(970)667-6580
Leon Sievers, PLS, SR/WA
Weld County Public Works Department
1111 H. Street
PO Box 758
Greeley, CO 80632-0758
Re: Scope and Cost Proposal—Right of Way Acquisition
Weld County Bridge 13 — 54A Replacement Project
Federal Aid Project— BRO CO30-031, Project Code: 14989
Dear Leon;
Thank you for inviting Western States Land Services, Inc. to perform right of way
acquisition services to Weld County relating to the above referenced Project. The
purpose of this letter is to set forth a scope of services for our work and establish a cost to
perform same.
PROJECT DESCRIPTION
Weld County is preparing to replace an existing bridge over the Big Thompson River
located along Weld County Road 13. Weld County is receiving Federal Aid
administrated through the Colorado Department of Transportation (CDOT) and therefore
the right of way acquisition necessary for this Project must adhere to the Federal Uniform
Relocation Assistance and Real Properties Acquisition Policies Act of 1970, as Amended
(Public Law 91-646). It is Western States belief that the County intends to construct the
new bridge project during the fall and winter of 2008 or as soon as appropriate funding
and right of way clearances can be obtained. Preliminary right of way maps provided to
Western States appear to include acquisition of additional right of way along the east side
of Weld County Road 13 and temporary easements along both sides in proximity to the
new bridge project.
Initial review of the preliminary right of way plans and information provided by Weld
County indicates that there will be two ownerships from which permanent and temporary
parcels of right of way will be required to accommodate the Project. The County has also
indicated that it believes that one or both of the aforementioned private ownerships may
desire to donate the necessary right of way interests to the County. In the event that a
donation is not provided, the County will hire an independent fee appraiser from the
L. Sievers
July 17,2008
Page 2 of 5
approved CDOT appraiser's list to perform appraisals as necessary. In the event small
acquisitions will qualify for Value Findings (less than $5,000.00) Western States can
perform that function.
It is our understanding that the County intends to use its own funds to acquire the
necessary real estate interests and therefore Administrative Settlements approved by
CDOT will not be necessary. Although it is necessary to comply with the provisions of
the Federal "Uniform Act," we anticipate that there will be no physical relocations
associated with the Project. It is our understanding that the County will provide all
surveying and engineering services necessary to accommodate the right of way
acquisition process, including field staking as necessary.
SCOPE OF SERVICES
Our services will conform to the General Standards as set forth in our current proposal
and contract with Weld County. In order to conduct the acquisitions for this Project,
according to standards provided by Weld County, and the Uniform Act, Western States
will perform the following:
1. Right of Way Plans Coordination
Western States will interface with the County staff, engineer, surveyor and CDOT
as necessary to ensure that approved right of way plans have been established
prior to initiation of the acquisition activities. In that regard, as necessary, we will
provide additional coordination efforts with the Project title provider and, if
necessary, appraiser. Along with the approved right of way plans, we will track
the completion of appropriate legal descriptions to be used for the acquisitions.
2. Title Research and Commitments
Western States anticipates that Weld County will provide an order for title
research and commitments through a local title company. At the request of the
County and once the orders have been submitted by the County to the title
company, Western States will coordinate with the title company as necessary.
For smaller acquisitions, it may be acceptable to obtain an Ownership and
Encumbrance Report only and this will be reviewed with the County on case-by-
case basis. As the title work is completed, Western States will coordinate with the
title company to ensure that all appropriate parties are provided the necessary title
work in order to complete the right of way plans and initiate the acquisition
process.
3. Appraisal Reports & Value Findings
As indicated above, in the event the subject property owners determine that they
desire to donate the necessary property interests, it may not be necessary to obtain
appraisals. The rights to obtain appraisals will be provided to the property
owners, pursuant to CDOT standards. In the event it is necessary for independent
narrative appraisals to be prepared, it is our understanding that the County will
utilize the services of a contract appraiser from the pre-approved CDOT
P:\WELDCNTY\PROMO\L. Sievers Scope and Cost Proposal 7-17-08.doc
L. Sievers
July 17,2008
Page 3 of 5
appraiser's list. For at least one of the acquisitions, it appears that the magnitude
of the acquisition may be small enough to fall below the $5,000.00 threshold. In
this case, Western States can prepare Value Findings in a standard CDOT format.
Upon completion of the right of way plans and the final determination of
necessary property acquisitions, Western States will coordinate with the County
as to the preparation of appraisals or value findings, as necessary and coordinate
the approval of same with CDOT.
4. Notice of Interest letters and associated documentation
Western States will develop a proposed format for the formal Notice of Interest
letter and accompanying documentation for initiation of the formal negotiation
process. These letters will be modified as necessary dependent upon the need to
acquire by negotiation or donation the various right of way parcels. Western
States will review the format for these documents with you and representatives of
Region 4 as necessary to ensure that all documentation is compliant with County
and Uniform Act standards prior to presentation to the subject property owners.
5. Offers and Negotiations
At such time as any necessary valuations are completed and approved by CDOT,
Western States will prepare Offer letters using documentation approved by Weld
County and CDOT. Western States will conduct negotiations in an effort to reach
a mutually agreeable settlement with the subject property owners and subject to
the County's and CDOT's standards and procedures. As necessary, Western
States will provide assistance to the County's Senior Right of Way Agent, Mr.
Leon Sievers, for presentation of special circumstances to the County
Management. The aforementioned Offer shall include presentation of
Agreements and associated attachments in a form approved by the County and
CDOT. Upon acceptance of any such Agreements by the subject property
owner(s), the executed documents will be returned to the County's Senior Right
of Way agent for processing along with an executed IRS form W-9.
6. Taxes, Liens and Encumbrances
Once the title commitments referenced above have been completed, Western
States will review with all necessary parties the need to obtain clearance of title to
any of the subject properties. To the extent reasonable and practical, Western
States will work with the property owners and Title Company to attempt to obtain
clear title. Depending on the complexity of the liens and requirements of the lien
holders, it may not be feasible to obtain releases of all financial encumbrances and
the details of these will be reviewed on an individual basis with the appropriate
project participants in order to determine a proper course of action.
7. Closings
Upon completion of the necessary Agreements, Western States will work with the
project participants and Title Company to effect closings of the right of way
acquisitions. For smaller easement acquisitions it is expected that formal closings
will not be necessary through a title company.
P:\WELDCNTY\PROMO\L. Sievers Scope and Cost Proposal 7-17-08.doc
I.. Sievers
July 17,2008
Page 4 of 5
8. Eminent Domain
In the event an impasse is reached in the negotiations for the right of way required
for the Project, pursuant to County and CDOT negotiations requirements, Western
States will prepare and submit a Final Offer to the property owner(s). The letter
will include a chronological list of all contacts, whether written or verbal and
include copies of all documents previously delivered to the owner. In the event
the property owner fails to agree to the terms of the Final Offer within 15 days, a
completed file will be forwarded to the County's Senior Right of Way Agent for
consideration of proceedings under eminent domain. As necessary, the
appropriate representatives of Western States Land Services, Inc. involved in the
specific negotiations will be available to attend immediate possession hearings
necessary to grant possession of the necessary property to the County.
ESTIMATED COSTS OF SERVICES
In order to conduct the services identified above, we have complied the following
estimate. It should be noted that this estimate is predicated in large part on a cooperative
relationship with the subject property owners and the project co-consultants and
participants. A primary consideration for Western States in estimating its potential work
efforts includes the number of individual property ownerships with which it must
negotiate. For this Project, we anticipate that there will be two property ownerships with
which Western States will engage in negotiations. Western States intends to utilize staff
from its Loveland office to accomplish this work. The following is our brief estimate of
potential costs:
Supervisor(20 hours x $65 per hour) $1,300.00
Agent(120 hours x $60 per hour) $7,200.00
Clerical Assistance (40 x $35 per hour) $1,400.00
SUBTOTAL TIME $ 9,900.00
Expenses (mileage,photo copies, postage, telecom, etc.) $1,000.00
TOTAL FOR BASIC RIGHT OF WAY
ACQUISITON SERVICES (pre condemnation) $10,900.00
Condemnation services if needed - $3,000.00 per parcel
As with all of our work for Weld County, we note that the County will be charged only
for the actual time and expenses incurred during the conduct of our services. We will not
exceed the budget established above without prior written consent of the County. We are
ready to begin work on this Project as soon as you provide us notice to proceed and a
purchase order.
P:\WELDCNTY\PROMO\L. Sievers Scope and Cost Proposal 7-17-08.doc
L. Sievers
July 17,2008
Pages of 5
Should you have any questions regarding the information contained herein, please do not
hesitate to contact me at your earliest convenience
Sincerely,
WESTERN STATES LAND SERVICES, INC.
Phil B. azur WA—Presi nt
PM/lpk
CC: C40-11 (2008 Weld County promo file)
P:\WELDCNTY\PROMO\I.. Sievers Scope and Cost Proposal 7-17-08.doc
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Professional Services Agreement work order for Western States Land Services,Inc. (Acquisition
Services)
DEPARTMENT: PUBLIC WORKS DATE: July 23, 2008
PERSON REQUESTING: Leon Sievers, Public Works Right of Way Agent,
Brief description of the problem/issue:
The Public Works Department is presenting a work order for Acquisition Services under the present
Professional Services Agreement with Western States Land Services, Inc. This work order is to provide
acquisition of up to 1 parcel of land and 3 easements from 2 land owners on the WCR 13/54 bridge project, with
a not to exceed amount of $10,900.00. This bridge project is a Federal Aid Project which is administered by
CDOT. CDOT requires all right of way to be secured by a CDOT approved land acquisition firm. Western
States Land Services, Inc have been approved for such acquisitions. Construction of this bridge project is
scheduled to begin in a few weeks. Funding for this work order is part of the Federal Aid Grant
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
The options are to approve this work order or not to approve the work order. If the Board chooses not to
approve the work order, we may not be available to complete the acquisition for this project under the present
time constraints, thus delaying the project.
Recommendation to the Board:
To meet the current schedule of completing construction next year, Public Works recommends approval of this
Work Order. Thank you for your consideration.
Approve Schedule
Recommendation Work Session Comments
William H, Jerke, Chair l/
Robert D. Masden, Pro-Tern
William F. Garcia Cam(,
David E. Long J
Douglas Rademacher
Attachments
pc: Leon Sievers, Right-of-Way Agent
m:leon/landacquisitoin rfp/bridge acquistion
a
a� MEMORANDUM
' TO: Clerk to the Board DATE: August 7, 2008
C.
COLORADO FROM: Leon Sievers, Public Works
SUBJECT: Consent Agenda Item
Agreement for Professional Services with Western States Land Services
Please send one signed original back to Public Works.
Enclosure
M.1FrancieAAgend-Leon.doc
Cam.{ 2008-2201
( ls
Hello