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Home My WebLink About20060394.tiff EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN WELD COUNTY AND FOSTER VALUATION COMPANY, LLC DATED: January 19,2006 Work Order Number: Appraisal 01.02 Purchase Order Number: Project Title: WCR 401/2 and 5 Commencement Date: February 2,2006 Completion Date: April 2, 2006 Limitations on compensation: (time and reimbursable direct costs): $12,500 Project Description: Appraisal Services Scope of Services: SEE ATTACHED EXHIBIT"B" Professional agrees to perform the services The attached forms consisting of one (1) 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 a forms) the Professional Services Agreement Date: i G 3 D shall control. �I By: Professional De rt • ad By Date: j/66 W.We Foster, Principal Date: /— ) o— Q 6 By: ( /a/ Direct of Finance and Admini tration Date: 2/6/2016 IE IL.a y: ��. / (�/�(/ te/ airman/vVei - ift Commissioners te: 2/6/2006 9r yz -'V COUNTY CLER TO THE BOARD BY: . ratfl canivl DE TY C TO THE BOARD ea CpS 0.24(o -ate gn ip1A- c cGe C39 FOSTER VALUA TION COMPANY LLC January 20, 2006 Leon Sievers, PLS, SR/WA Right of Way Agent Weld County Public Works Post Office Box 758 Greeley, Colorado 80632 RE: Proposal for four partial acquisition appraisals on WCR 401/2 and 5 Dear Mr. Sievers: At your request, we are submitting our proposal for four separate appraisals for the proposed Weld County Road 40%z and 5 improvements between Weld County Road 5 and County Line Road for the purpose of estimating Just Compensation. Complete appraisals in self-contained narrative reports will be prepared in conformance with USPAP by Colorado Department of Transportation standards. All relevant market data will be considered in formulating the opinions of Market Value, which is the basis of estimating Just Compensation. The four parcels to be appraised are referred to as Number 13 (Gordon L. Campbell), Number 19 (Andrew J. Jaeger), Number 24 (Roger and Debra Edwards), and Number 27 (Ronald and Luann Halverson Trust). The proposed fees for the four appraisals are not to exceed $12,500. Four (4) copies of each of the reports, complete with color photographs, will be provided. If more are needed, they can be provided at time of engagement at no additional cost. We should have the appraisal reports delivered to you as soon as possible after notice to proceed. If there are any questions, please call us at 352-1 117. Respectfull 'tted, W. West Foster, MAI, CRE, SR/WA i v o Sue Anne Foster, MAI SRA W. West Foster, MAI, CRE, SR/WA • Sue Anne Foster, MAI, SRA Michael J. Keefe, SRA ♦ Luke M.Foster ♦ Jon M.Vaughan Real Estate Appraisers & Counselors ♦ 910 54th Avenue, Suite 210,Greeley, Colorado 80634 Phone (970) 352-1117 ♦ FAX (970)353-2753 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Professional Services Agreement work order for Foster Valuation Company,LLC (Appraisal 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 Appraisal Services under the present Professional Services Agreement with Foster Valuation Company, LLC. This work order is for complete appraisal reports on four parcels on the WCR 40% and WCR 5 project with a not to exceed fee of$12,500. Previously, a Basic Land Value Report was completed for this project by Foster Valuation Company and these four parcels were identified to be of sufficient value that a complete appraisal report is required. Construction of this two and one- half mile long project is scheduled to begin early summer of this year with completion by late autumn. 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 lack of fair market values based on these appraisal reports could result in eminent domain proceedings, which would require the full appraisal reports at that time. Moving to eminent domain proceedings would delay the construction start date to 2007. Recommendation to the Board: To meet the current schedule of completing construction on this project this year, 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 Geile J4 6 Vaad C Jerke i 71./ Masden i Attachments cc: 2006-0394 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this IC-day of 2005, by and between the County of Weld, State of Colorado, by and on behalf of Wed County Public Works Department, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "County Department," and Farnsworth Group, whose address is 8055 East Tufts Avenue, Suite 850, Denver, Colorado 80237, hereinafter referred to as "Contract Professional." WITNESSETH: WHEREAS, County Department is in need of hiring an independent contract professional to perform the following "Professional Services:" the professional services listed in the Scope of Services attached hereto and referred to herein as "Exhibit B," as ordered by County Department in accordance with the terms set forth in a "Work Order," in substantially the form shown on the attached "Exhibit A," and WHEREAS, Contract Professional has the time available and is willing to perform the Professional Services, according to the terms of this Agreement. NOW,THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. TERM: The term of this Agreement shall be from July 1,2005, through and until July I, 2006. This Agreement may be extended for additional one-year periods, not to exceed three (3) additional one-year periods, upon mutual written agreement of the parties. Changes in compensation for extension terms shall be negotiated by and agreed to by both parties; however, in no event shall such change exceed the Denver -Boulder CPI-U as published by the Colorado State Planning and Budget Office. 2. SERVICES PROVIDED BY CONTRACT PROFESSIONAL: Contract Professional agrees to perform the Professional Services for the compensation provided below. Contract Professional agrees to provide Professional Services in accordance with the terms of Work Orders issued pursuant to this Agreement by County Department. County Department reserves the right to independently bid any project rather than issuing a Work Order to the Contract Professional for the same, pursuant to this Agreement. COMPENSATION: County Department agrees to pay Contract Professional for all service performed hereunder as follows: the Professional Services shall be provided at the rates set forth in Exhibit B, as maybe modified or limited by Work Order. All compensation amounts payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted, and otherwise made available. No individual Work Order shall exceed $50,000 in total compensation. Page 1 of 4 07O45"-a q/,S" 3. INDEPENDENT CONTRACTOR: Contract Professional agrees that he or she is an independent contractor and will not become an employee of County Department, nor is he or she entitled to any employee benefits from County Department as a result of the execution of this Agreement. 4. INDEMNIFICATION, DESIGN AND INSURANCE: Contract Professional shall indemnify County Department, its officers and employees, against liability for injury or damage caused by any negligent act or omission by Contract Professional in the performance of this Agreement and shall hold County Department harmless from any loss occasioned as a result of the performance of this Agreement. Contract Professional shall be responsible for the professional quality,technical accuracy, timely completion and the coordination of all services rendered by Contract Professional and shall, without additional compensation, promptly remedy and correct any errors,omissions, or other deficiencies. Contract Professional shall maintain commercial general liability insurance in the amount of$500,000 combined single limits and errors and omissions insurance in the amount of$1,000,000. 5. NON-ASSIGNMENT: Contract Professional may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of County Department. 6. ACCESS TO RECORDS: County Department shall have access to Contract Professional's financial records for the purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for at least five years after final payment hereunder. 7. TERMINATION: Either party may terminate this Agreement at any time by providing the other party with a 10-day written notice thereof. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 8. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this Agreement. 9. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire understanding between the parties with respect to the promises and covenants made therein. No modification of the terms of this Agreement shall be valid unless made in writing and agreed to by both parties. 10. NON-APPROPRIATION: No portion of this Agreement shall be deemed to create an obligation on the part of County Department to expend funds not otherwise appropriated in each succeeding year. 11. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this Page 2 of 4 Agreement shall be deemed to constitute a waiver of any immunities of County Department or its officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons other than County Department and not a party to this Agreement. 12. COUNTY REPRESENTATIVE: County Department will designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. 13. MONTHLY REPORT: Commencing thirty(30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Contract Professional is required to provide County Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the County, suspend the processing of any partial payment request. 14. ACCEPTANCE NOT WAIVER: County Department's approval of drawings, designs,plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Contract Professional of responsibility for the quality or technical accuracy of the work. County Department's approval or acceptance of,or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to County Department under this Agreement. WITNESS WHEREOF, the parties hereto have signed this Agreement this /4)&day of *art.. L„eacrec COUNTY DEP�ART�M�ENT: IE 1s® ATTEST: ,Ol . V,d� irttPX4 NTY OF WELD, a political "' 1 ;V"W-- s ivision Weld County Clerk to the,Board s ; he STATE OF COLORADO: \,By: ‘,4,49/O.4...4...; By: -_ Deputy Clerk to the Bound William H. lerke, Chairman AUG 1 5 2005, Board of County Commissioners of the County of Weld CONTRACT PROFESSIONAL: Page 3 of 4 aoos- a4//-5 By. / °-"5Date 7. 7• o Name: ✓/o C NL vi✓ Title: t/MelM2 SUBSCRIBED AND SWORN to before me this 7'6day of )Gt / , zoo< y WITNESS my hand and official seal. Notary Public My commission expires: t///'//too(o "o 9rFvDs i. ". . Op cGG'J :r My Commission Expires%AI i ii2Uc b • • Page 4 of 4 Hello