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EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
WELD COUNTY
AND
WESTERN STATES LAND SERVICES, INC.
DATED: January 18, 2006
Work Order Number: Acquisition 01.01
Purchase Order Number:
Project Title: WCR 401/2 &5
Commencement Date: January 30, 2006
Completion Date: May 31, 200
Limitations on compensation: (time and reimbursable direct costs): $47,270
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: -t ./ -M___.
and this work order (including the attached Project anager
forms) the Professional Services Agreement Date: Z 0L
shall control. _ .
By:
Prosjonat - _ Depar m;y!'ead
By: Date: 2 0.6
Phil B. Mazur, Preside t
Date: /—/S- Gd 2 00� By: i/ � �6 C� ��//Y//
Director ofliina::::d dminist�ation
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WESTERN STATES
Land Services, In C. Acquisition and Permitting Specialists
505 N. Denver Avenue
Loveland,Colorado 80537
(970)667-7602 Metro(303)938-1414
January 18, 2006 Fax(970)667.6580
HAND DELIVERED
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 40 %2 and 5 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 Projects. The purpose of this letter is
to set forth a scope of services for the Projects and establish a cost to perform same.
PROJECT DESCRIPTION
Weld County is proposing to construct improvements to existing Weld County Roads 40 ''A and 5
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. As the two
roadways intersect, the County has determined to acquire the right of way and proceed with
design of both Projects simultaneously. It is the County's intention to begin construction on
Weld County Road 40 ''A initially with construction on Weld County Road 5 following shortly
thereafter.
Initial review of the preliminary right of way plans for the Project indicate that it will be
necessary to acquire the following:
8 stand-alone Temporary Construction Easements
13 stand-alone Right of Way acquisitions
2 combined Right of Way and Temporary Easement acquisitions
3 stand-alone Permanent Easements
This provides for a total of approximately 26 parcels. Based on the tabulation sheets provided by
the County, there appear to be 21 individual and distinct property ownerships from which the 26
parcels of right of way must be negotiated. The County desires to have negotiations begin as
soon as possible with possession on County Road 40 ''A by the end of March and Weld County
Road 5 right of way possession occurring soon thereafter. 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.
L. Sievers
January 18,2006
Page 2 of 5
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 Weld County Public Works
Department to review the Project plans and proposed right of way acquisitions. Due to
the immediate need to begin acquisitions 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
Western States has received from the County the majority of Title Commitments and
Ownership and Encumbrances reports required for the prosecution of the work hereunder.
In the event additional ownership information is necessary, Western States will
immediately notify the County of the specific needs. It is our belief that we have
sufficient title information available at this time to proceed with the acquisition services.
3. Appraisal Reports& Value Findings
Western States has received from the County a Basic Data Report prepared by Foster
Valuation Company, LLC identifying recommended values for initiation of negotiations
for the various properties from which property interests have been identified by the
County as necessary for the construction of the Project. 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. The County has
identified four (4) parcels where it is believed that the value of the property interests
sought by the County will meet or exceed $5,000.00. In those instances, the County has
requested narrative appraisal reports from Foster Valuation Company, LLC. Once these
appraisals have been completed, Western States anticipates that they will be reviewed
and forwarded to Western States in negotiations from those particular parcels.
In regards 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. 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, fences, irrigation
facilities and other 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 description and attendant sketches for each.
Western States will utilize this information to compile the documentation noted below.
P:\WELDCNTY\C40#9A\L. Sievers Scope and Cost Proposal 1-18-06.doc
L. Sievers
January 18,2006
Page 3 of 5
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
to the subject property owners.
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. 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 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
P:\WELDCNTY\C40#9A\L. Sievers Scope and Cost Proposal 1-18-06.doc
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L.Sievers
January 18,2006
Page 4 of 5
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 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 26 parcels of right of way including Easements and Deeds of Dedication from
approximately 21 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
• 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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L. Sievers
January 18,2006
Page5 of 5
Supervisor 70 hours x$60 per hour= $ 4,200
Agent 580 hours x$55 per hour= $31,900
Clerical 100 x$35 per hour= $ 3,500
Subtotal Time $39,600
Expenses(mileage, photo copies, postage,telecom, etc.) $ 4,600
Subtotal Voluntary Negotiations $44,200
Condemnation Support if Needed (assume 2 maximum):
Supervisor 12 hours x $60 per hour= $ 720
Agent 30 hours x $55 per hour= $1,650
Clerical 20 hours x$35 per hour= $ 700
$ 3,070
GRAND TOTAL: S 47,270
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\WA—President
PM/lpk
CC: C40-9A(file)
P:\WELDCNTY\C40#9A\L. Sievers Scope and Cost Proposal 1-18-06.doc
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Professional Services Agreement work order for Western States Land Services, Inc (Land
Acquisition Services)
DEPARTMENT: PUBLIC WORKS DATE: January 23, 2006
PERSON REQUESTING: Perry Eisenach, P.E., Engineering Division Manager
Brief description of the problem/issue:
The Public Works Department is seeking a work order for Land Acquisition Services under the present
Professional Services Agreement with Western States Land Services, Inc. This work order is for the acquisition
of right-of-way on the WCR 40'/ and WCR 5 project at a not to exceed fee of $47,270. There are a total of
twenty six parcels: eleven stand alone easements; thirteen stand alone right-of-way parcels and two combination
parcels. Construction of this two and one-half mile long project is scheduled to begin early summer of this year
with completion by late autumn. The acquisition process usually requires one hundred twenty days, or more, for
completion. The acquisition process will need to begin by February to meet the current construction schedule.
These services were planned for and funds are available in the FY2006 budget.
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 this work order at this time, the construction start date will most likely be delayed until 2007.
Recommendation to the Board:
To meet the current schedule of completing construction on this project this year and due to the present work
load of the right-of-way section, Public Works recommends approval of this Work Order and requests signature
on the enclosed Exhibit"A" Work Order form. Thank you for your consideration.
Approve Schedule
Recommendation Work Session Other
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Geile
Vaad
Jerke ��/ b
Long
Masden
Attachments
cc:
m:leon/appraisal rfp/pass around for value report
2006-0395
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