HomeMy WebLinkAbout20070189.tiff EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
WELD COUNTY
AND
WESTERN STATES LAND SERVICES, INC.
DATED: January 8, 2007
Work Order Number: Acquisition 07.01
Purchase Order Number: pp��
Project Title: WCR 13 81;SH52
Commencement Date: December 15, 2006
Completion Date: December 31,2007
Limitations on compensation: (time and reimbursable direct costs): 535,600
Project Description: Land Acquisition Services
Scope of Services: SEE ATTACHED EXHIBIT"B"
Professional agrees to perform the services The attached forms consisting of five (5) 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: moo'
and this work order (including the attached Project ger
forms) the Professional Services Agreement Date: ( - -4— O7
shall control.
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Phil B. Mazur, President ifidr. ,r;1674_____
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VATtlRES ONLY Date: 0 7/2007
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BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Professional Services Agreement work order for Western States Land Services, by,(Acquisition
Services)
DEPARTMENT: PUBLIC WORKS DATE: December 12, 2006
PERSON REQUESTING: Leon Sievers, Public Works Right of Way Agenfr
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 seven parcels of land on the WCR 13/Hwy#52 Strategic Road Project, with a not to exceed
amount of $35,600. This intersection improvement is part of a Federal Road Improvement Grant which is
administered by CDOT, who requires all right of way to be acquired by a CDOT approved land acquisition
firm. Western States Land Services, Inc is approved by CDOT for such acquisitions. Construction of this one-
mile project is scheduled to begin 2007 with completion by late autumn.
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 Other
Geile I
Long
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Attachments
cc: Leon Sievers, Right-of-Way Agent
m:leon/landacquisitoin rfp/13hwy52 acquistion
WESTERN STATES
Land Services, In C. Acquisition and Permitting Specialists
505 N.Denver Avenue
Loveland,Colorado 80537
(970)667-7602 Metro(303)938-1414
October 19, 2006 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 Road 13 at State Highway 52 Improvements Project
Dear Leon;
Thank you for considering Western States Land Services, Inc. to perform right of way
acquisition services for 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 construct improvements to the existing intersection of Weld
County Road 13 at State Highway 52. The roadway improvements are focused primarily
at the intersection of the existing roadways and continuing north approximately one mile
along Weld County Road 13. The intersection is to be realigned with new turn lanes and
signalization to improve the overall operation at this intersection. 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 Property Acquisition Policies Act
of 1970, as Amended (Public Law 91-646). It is the County's intention to begin
construction on the Project during April or May of 2007. This will require a final right of
way clearance by CDOT by the end of March in order to properly advertise the Project.
Initial review of the preliminary right of way plans for the Project indicate that it will be
necessary to acquire the following:
• Up to 7 parcels of Right of Way in Fee
• Vacation of existing Weld County Road Right of Way
• Conversion of existing Weld County Right of Way to State Right of Way
• Several parcels of utility easements for future utility relocations
It appears that several of the parcels will be acquired from the same parties. Preliminary
information indicates that there will be three (3) private parties and three (3) public
entities (Weld County, CDOT and Town of Fredrick) involved in the overall right of way
L.Sievers
October 19,2006
Page 2 of 6
acquisition transactions. In order to accommodate the County's schedule, it is necessary
to begin the coordination process described below as soon as possible. Although it is
necessary to comply with the provisions of the Federal "Uniform Act," we anticipate that
there will be no physical relocations necessitated by the Project.
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
Based on our initial meetings with you, it is our understanding that Weld County
wishes for Western States to become actively involved in the initial coordination
of the right of way process involving the County, CDOT, Town of Fredrick and
associated private ownerships. At this time, several of the right of way
components must be further defined before final right of way plans can be
prepared. It is our understanding that the Town of Fredrick has existing
commitments from several property owners to donate portions of the right of way
necessary for this Project, however, the parameters of those donations need to be
further defined. There is also reference made to an Intergovernmental Agreement
(IGA) between Weld County and the Town of Fredrick that may have specific
implications to the right of way acquisition parameters and ultimate process.
Western States will work directly with Leon Sievers as the County's
representative, Dick Leffler with the Town of Fredrick, representatives of King
Surveyors regarding right of way plan preparation, David Mantych with CDOT
relative to right of way plan approval and the design consultants, FHU, as
necessary. Additional coordination efforts will be made with the Project title
provider and appraiser as noted below. The purpose of these coordination efforts
is to develop a final set of right of way plans with known components in place,
including a definition of those parcels where donations of the right of way have
been offered and right of way vacations and subsequent transfers will be
necessary.
2. Title Research and Commitments
Western States anticipates that Weld County will provide an order for title
research and commitments through Land Title Company in Greeley, Colorado.
At the request of the County, once the orders have been submitted by the County
to Land Title, Western States will supervise that work and subcontract those
services for the purposes of payment for same. During the initial title research,
Western States plans to work directly with representatives of Land Title to
attempt to identify ownerships of new and existing right of way, noting that
certain areas may be in question. This research may also involve personal review
of the Weld County road books located in the Board of Commissioner's offices.
As this research is completed, Western States will coordinate with Land Title 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.
P:\WELACNTY\C40#9B\L. Sievers Scope and Cost Proposal 10-19-06.doc
L. Sievers
October 19,2006
Page 3 of 6
3. Appraisal Reports & Value Finding
Weld County has retained the services of appraiser Virginia Messick to prepare
appraisals as necessary for this Project. Prior to the assignment of specific
appraisals to Ms. Messick, Western States will meet with her and review
appropriate comparable sales that she has researched in order to develop a
preliminary value estimate for the right of way to be acquired and / or donated for
this Project. In those instances where donations are offered and appraisals are not
requested, Western States will inform the County and Ms. Messick of those
details. For certain acquisitions where it appears that the value of the right of way
to be acquired may be less than $5,000.00, Western States will endeavor to
prepare Value Findings in a standard CDOT format using collaborative efforts
with Ms. Messick and our own research for comparable property sales as a basis
of right of way value. Upon the completion of the right of way plans and the final
determination of necessary property acquisitions by negotiation, Western States
will work with Mr. Sievers and Ms. Messick to request that narrative appraisals
be performed as necessary. As those appraisals are completed, Western States will
coordinate with CDOT Region 4 to provide reviews and ultimate determinations
of Fair Market Value (FMV) in order to initiate negotiations.
As necessary, Western States will work with the Project Surveyor and Engineer to
have the right of way staked for appraisal purposes and field reviews with the
Project participants and property owners. During the initial field reviews,
Western States will photograph the proposed acquisition areas and attempt to
identify any items requiring "cost to cure," such as landscaping, fences, irrigation
facilities and similar components. In the event major landscaping items are
determined to be taken by the Project and compensation is necessary therefore
(large trees, etc.) Western States may use the contract force for the County, Ray
Mehaffey, to provide additional valuations for inclusions in to the appraisals and /
or Value Findings.
4. Notice of Interest letters and associated documentation
Western States will develop a proposed format for a formal Notice of Interest
letter and accompanying documentation for initiation of the formal negotiation
process. These letters will be modified as necessary dependent on 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 the appraisals are completed and Determinations of Fair Market
Value have been provided by CDOT, and any necessary Value Findings have
been approved, 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 for presentation of special circumstances to the County Management.
P:\WELDCNTY\C40#9B\L. Sievers Scope and Cost Proposal I0-19-06.doc
L.Sievers
October 19,2006
Page 4 of 6
The aforementioned Offer shall include presentation of Agreements and
associated attachments in a form approved by the County and CDOT. Upon
acceptance of said 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
It is anticipated that various parcels of property acquired for this Project will be
ultimately conveyed to the County, CDOT and the Town of Fredrick. 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, title company and lien holders to attempt to
acquire clear title. Depending on the complexity of the liens and requirements of
the lienholders, 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, including donation forms
pursuant to the CDOT /Uniform Act requirements, Western States will work with
the project participants and title company to effect closings of the right of way
acquisitions. It is anticipated that several of the closing may involve subsequent
transfers of the right of way to third parties and / or direct exchanges of property.
These factors will be further defined once the coordination efforts listed above
have been completed and a better definition of the ultimate right of way and
process has been determined. Western States will work directly with the
County's Senior Right of Way Agent to determine the best method to effect the
closings including the disbursement of any funds necessary for the right of way,
etc. As necessary, the Project title company will be utilized to orchestrate
closings that require their assistance in the ultimate issuance of title insurance.
8. Eminent Domain
In the event an impasse is reached in the negotiations for right of way required for
the Project, pursuant to County and CDOT negotiations requirements, Western
States will prepare and submit a Final Offer to those property owners. 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
approximately 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.
9. Permanent and Temporary Easements
P:\WELDCNTY\C40#98\L. Sievers Scope and Cost Proposal 10-19-06.doc
L.Sievers
October 19,2006
Page 5 of 6
In those situations where a Permanent and / or Temporary Construction
Easements are required for the Project, Western States will prepare same using
forms provided by the County. It is noted that each type of easement requires a
minimum payment as determined by the County / CDOT. In the event a
Permanent Easement is the only acquisition being acquired, a combination
Easement / Agreement form will be used. In the event a Temporary Easement is
the only acquisition from a specific property owner, it is not necessary to obtain a
Contractual Agreement and Western States will attempt to acquire the executed
Temporary Easement through negotiations. During the acquisition of easements,
an IRS W-9 form will be requested from the subject property owner to
accompany the executed documents back to the County in the form of a check
request.
10. Status Reporting
During the conduct of our work, Western States will provide weekly updates as to
the progress of the right of way coordination and ultimate acquisitions. These
updates will include verbal reports and written correspondence including
spreadsheets and the like.
ESTIMATED COSTS OF SERVICES
At the specific request of the County, Western States services for this Project will be
expanded to include considerable coordination efforts necessary to define the right of
way acquisitions necessary and related process for each acquisition. For the purposes of
this Cost Proposal we have divided our services into two categories. The first being
Coordination Services including items numbered 1, 2 and 3 above and the second
category of services will be the specific Acquisition of Right of Way consisting of the
remaining numbered items.
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. In the event the project participants determine to modify their intentions or
direction during the right of way process, this could give rise to additional services not
contemplated herein. We note that the County will be charged for only the actual time
and expenses incurred during the conduct of our services and we will not exceed the
budget established below without prior written consent of the County. Western States
proposes to utilize former CDOT Region 4 Right of Way Supervisor, Michael D. Morgan
to perform a majority of the right of way acquisition services. A copy of Mr. Morgan's
resume is attached hereto. Mr. Morgan will be assisted as necessary by company owner
and manager, Phil B. Mazur and other Western States personnel if required:
Supervisor (Phil B. Mazur) (Phase I& II)
30 hours x $60 per hour= $ 1,800
PHASE I-COORDINATION
Agent(Michael D. Morgan)
Coordination Services
120 hours x $60 per hour= $ 7,200
P:AWELDCNTYVC40#9BAL. Sievers Scope and Cost Proposal I0-19-06.doc
L. Sievers
October 19,2006
Page 6 of 6
PHASE II -ACQUISITIONS
Agent(Michael D. Morgan)
Right of Way Acquisition Services
300 hours x $60 per hour $18,000
Clerical Assistance
60 x $35 per hour= $ 2,100
SUBTOTAL TIME $29,100
Expenses (mileage, photo copies, postage, telecom, etc.) $ 3,000
Subcontract Title ervices (7 x $500 each) S 3,5D11
TOTAL FOR BASIC COORDINATION AND RIGHT OF WAY
ACQUISITON SERVICES
(pre-condemnation) $35,600
PHASE III-ADDITIONAL SERVICES
Condemnation support if needed ($5,000 per parcel)
Should you have any questions regarding the information contained herein, please do not
hesitate to contact me at your earliest convenience. We are ready to begin work on this
project immediately upon receipt of a written notice to proceed from your office.
Sincerely,
WESTERN STATES LAND SERVICES, INC.
R � Xrr
Phil B. Mazur SR\WA—President
PM/lpk
CC: C40-9B (Accounting file)
P:\WELDCNTY\C40#96\L. Sievers Scope and Cost Proposal 10-19-06.doc
KitD
MEMORANDUM
TO: Clerk to the Board DATE: 1/12/2007
C.
FROM: Leon Sievers, Right-of-Way Agent
COLORADO
SUBJECT: Consent Agenda Item
Item for Chair's signature and recording:
Work Order with Western States Land Services for the WCR 13 and SH 52 Project dated
January 8, 2007.
Enclosed are two duplicate,original sets of documents. As soon as they are signed,please send
ONE ORIGINAL BACK TO PUBLIC WORKS. Thank you.
Enclosures
M:\Francie'Agend-Leon.doc
C i of i-{- f1L��'d'Ki�' 2007-0189
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