HomeMy WebLinkAbout20070190.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 08.01
Purchase Order Number:
Project Title: WCR 3 and 1' project
Commencement Date: December 15, 2006
Completion Date: December 31,2007
Limitations on compensation: (time and reimbursable direct costs): 636,770
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:
and this work order (including the attached Project Ma ger
forms) the Professional Services Agreement Date: z- O 7 -
shall control. /�
By: 2S C--144...?.....,-.072---c;"-
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Profess Department Head
By: Q��c.-- Date:
Phil B. azur, President
Date: / 2 - IS— 2 Dot., By:
ATTESTING 70 BOARD OF COUNTY Director if inane n Administration
COMMISSIONER SIGNATURES ONLY Date: �h(17/2007
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ATTEST: BY r
e \ Chairman, Weld County Comm si ners , David E. Long
WELD COUNTY CLERK Tr H ` Date: 01/17/2007
BY: 1'e� J� .� R ,
DEPUTY ERK TOT , •
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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: January 4, 2007
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 thirty two parcels of land on the WCR 3 & 1'/ Road Project, with a not to exceed amount of
$36,770. This acquisition service was anticipated and was included in the overall project budget. Construction
of this two-mile project is scheduled to begin in May of this year 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 for an additional year.
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
Long V
Jerke
Garcia v b
Masden �y
Rademacher
Attachments
pc: Leon Sievers, Right-of-Way Agent
m:leon/landacquisitoin rfp/3passaround
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WESTERN STATES
Land Services, In C. Acquisition and Relocation Specialists
505 N. Denver Avenue
Loveland,Colorado 80537
December 28, 2006 (970)667-7602•Metro(303)938-1414
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 Roads 3 and 1 %2 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 the Project and establish a cost
to perform same.
PROJECT DESCRIPTION
Weld County is proposing to construct improvements to existing Weld County Roads 3
and 1 %2 consisting primarily of widening and paving of the roadways. In addition to the
paving, the County will provide improved shoulders and drainage to the roadway system.
Private driveway entrances to the Weld County Roads will be re-graded and improved as
necessary to match the proposed improvements. It is the County's intention to begin
construction on the Project using its own forces in May of 2007. Prior to beginning the
aforementioned road improvements, the County's crews are proposing to begin initial
work on the private driveways as soon as the subject private property owners are notified
and right of entry is granted to the County crews.
Initial review of the right of way plans for the Project provided by the County indicate
that it will be necessary to acquire the following:
14 stand-alone Temporary Construction Easements
15 stand-alone Right of Way acquisitions
3 stand-alone Permanent Easements
The above referenced real property interests will be acquired from 16 separate and
distinct property owners along the Project alignment. It will be necessary to conduct
L. Sievers
December 28,2006
Page 2 of 6
separate and individualized negotiations with each of the 16 property ownerships in order
to seek the property interests that the County has identified for the Project. Due to the
intention of the County to begin work on the private driveway entrances along the
Project, the County desires to have negotiations begin as soon as possible. We note that
there are no Federal Funds involved with this project and therefore the procedures
dictated by the Federal "Uniform Act" are not required.
SCOPE OF SERVICES
In order to conduct the acquisitions according to standards provided by Weld County,
Western States will perform the following:
1. FIR meeting (Field Inspection Review)
Western States has met in person with representatives of the Weld County Public
Works Department to review the Project plans and proposed right of way
acquisitions. Due to the immediate need to begin negotiations on this Project,
Western States will perform its own field review of the Project area and discuss
any questions or clarifications regarding the Project field conditions with the
County's Senior Right of Way Agent as the Project progresses.
2. Title Commitments
The County has requested that Western States contact Land Title Company in
Greeley and request the issuance of title commitments encompassing the property
rights sought for the Project. Western States will instruct Land Title to prepare
said commitments and include copies of current vesting deeds and all exceptions
documents to the County's Senior Right of Way Agent and Western States as
soon as possible. Western States will also perform brief research of the Weld
County Assessor's database to determine the initial composition of the
ownerships along the Project. In the event additional ownership information is
necessary, Western States will immediately notify the County of the specific
needs. In order to expedite the initial contacts for right of entry for the County's
crews, Western States suggests utilizing the Assessor's information and contact
information provided by the County to facilitate these initial contacts.
3. Appraisal Reports & Value Findings
The County has informed Western States that it has contracted with real estate
appraiser Virginia Messick, MAI to prepare a Basic Data Report identifying
recommended values for initiation of negotiations for the various property
interests, which have been identified by the County. Western States will utilize
the aforementioned Basic Data Report to prepare Value Findings in those
instances where the values of the proposed acquisitions appear to be less than
$5,000.00. For those acquisitions where it appears that the just compensation will
equal or exceed $5,000, Western States will coordinate with Ms. Messick as to the
need to have individual narrative appraisal reports prepared for those parcels. In
those instances where individual appraisals are required, Western States will
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coordinate review of same with the County's Senior Right of Way Agent prior to
initiation of negotiation using the appraisal results.
In regard to the Value Findings prepared by Western States, it is our
understanding that the County will stake the proposed right of way areas in the
near future to facilitate a field review of each acquisition by Western States.
As suggested by the County, Western States proposes to contact the County's
contract surveyor, Precision Survey and Mapping, Inc., to coordinate the field
staking and review. During this initial field review, Western States will
photograph the proposed acquisition areas and attempt to establish values for any
items requiring Cost to Cure such as landscaping, fencing, irrigation facilities and
similar components and include an estimation for each in the Value Findings. In
the event major landscaping items are determined to be taken by the Project (large
trees, etc.) Western States may use the contract forester of the County, Ray
Mehaffey, to provide individual valuations for inclusion into the Value Findings.
4. Plans and Descriptions
Western States has received from the County basic right of way plans including
tab sheets and photographic exhibits, legal descriptions and attendant sketches for
each of the property interests sought by the County. Western States will utilize
this information to compile the documentation noted below.
5. Notice of Intent letters and associated documentation
Western States has received from the County the boilerplate forms for Notice of
Intent to Acquire letters and related documentation such as the Permission for
Entering on Real Property and attachments. As soon as Western States receives
notice to proceed from the County, Western States will endeavor to mail or hand
deliver the Notice of Intent Letters and Permission for Entering on Real Property
forms to the subject property owners. As noted above, in order to accommodate
the County's desire to initiate driveway reconstruction as soon as possible,
Western States will initiate contact with the property owners regarding the
Permission for Entering on Real Property forms as soon as possible, based on
Assessor's records information or the best information available.
6. Offers and Negotiations
Once the field staking, field review and Value Findings have been completed and
approved by the County, Western States will prepare Offers using the
documentation provided by the County and the Contract Appraiser. In those
cases where appraisals have been ordered, once the appraisals have been reviewed
and approved by the County and forwarded to Western States, the Offers will be
based on the aforementioned appraisals. 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 standards and procedures set forth in Western
State's proposal to the County. As necessary, the consultant will provide
assistance to the County's Senior Right of Way Agent for presentation of special
circumstances to the County Management. The aforementioned Offer shall
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include presentation of Agreements in the form presented by the County and upon
acceptance 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.
7. Taxes, Liens and Encumbrances
It is noted that the subject Project is not considered a Strategic Road and the
majority of the acquisitions will be of relatively low value leaving the majority of
the primary real estate assets in place. This being the case, it is considered that it
will not be necessary to obtain Subordination Agreements or release of liens from
mortgage companies and the like. In the event a specific acquisition is
determined to require obtaining Subordination Agreements and / or releases, the
consultants will coordinate same with the County's Senior Right of Way Agent
and title company.
8. Closings
Upon the County's acceptance of any voluntary agreements, Western States will
work with the County's Senior Right of Way Agent and Title Company as
necessary to facilitate closings. For minor and low value acquisitions and
acquisitions not part of the County's Strategic Road system, it is contemplated
that Western States will deliver the County's payment directly to the property
owner along with all of the necessary documents including Deeds of Dedication
and those listed below to affect the closing. All original documentation will be
returned to the County's Senior Right of Way Agent for processing and recording.
In the event the County determines it is necessary to close through a Title
Company, the County will tender the executed Agreement and payment directly
to the Title Company to process same.
9. Eminent Domain
In the event an owner is not willing to accept the County's aforementioned Offer,
Western States will prepare and submit a Final Offer to the property owner in the
form provided by the County. 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.
10. Permanent and Temporary Easements
In those situations where a Permanent and / or Temporary Construction
Easements are required for the Project, Western States will prepare same using
the forms provided by the County. It is noted that each type of easement requires
a minimum payment. In the event a Permanent Easement is the only acquisition
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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 an Agreement and Western States will attempt
to acquire the executed Temporary Easement through negotiations. During the
acquisition of either easement, an IRS W-9 form will be requested from the
subject property owner to accompany the executed documents back to the County.
11. Status Reporting
During the conduct of our work, Western States will provide weekly updates as to
the progress of the right of way acquisitions. These updates will include verbal
reports and written correspondence including spreadsheets and the like.
ESTIMATED COSTS OF SERVICES
As noted above, information provided by the County indicates that it will be necessary to
acquire approximately 32 parcels of right of way including Easements and Deeds of
Dedication from approximately 16 individual and distinct property ownerships. Western
States principal tasks will include:
• Preparation and maintenance of Project files
• Field review of staked right of way, including photographs of acquisition
areas and determination of improvements to be taken / relocated by the
Project
• Preparation of Value Findings based on the Basic Data Report provided by
the County
• Preparation and presentation of Notice of Intent to Acquire letters
including associated documentation
• Presentation of Offers and individual negotiations with property owners
• As necessary, preparation and presentation of Final Offers and associated
documentation
• Coordination and assistance to close voluntary acquisitions
• Transmittal of any parcels at impasse to the County for consideration of
condemnation
• Weekly progress update reports
In order to conduct the basic services identified above, we have complied the following
estimate. It should be noted that this estimate is predicated in large part on a majority of
the property owners reaching a voluntary settlement with the County during the ensuing
negotiations. In the event we encounter significant resistance to our attempts to negotiate
a settlement on behalf of the County, 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:
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Supervisor 50 hours x $60 per hour= $ 3,000
Agent 440 hours x $55 per hour= $24,200
Clerical 70 x $35 per hour= $ 2,450
Subtotal Time $29,650
Expenses (mileage, photo copies, postage, telecom, etc.) $ 3,500
Subtotal Voluntary Negotiations $33,150
Condemnation Support if Needed (assume 2 maximum):
Supervisor 12 hours x $60 per hour= $ 720
Agent 40 hours x $55 per hour= $2,200
Clerical 20 hours x $35 per hour= $ 700
$3,620
GRAND TOTAL: $36,770
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 notice to proceed from your office.
Sincerely,
WESTERN STATES LAND SERVICES, INC.
Phil B. Mazur SR\V A—President
PM/Ipk
CC: C40-10A (2007 Proposal file)
P:\PROMO\Weld County\2007 Proposal\L.Sievers Scope and Cost Proposal 12-28-06.doc
Kit6
MEMORANDUM
C. TO: Clerk to the Board DATE: 1/12/2007
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 3 and WCR 1.5 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
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