HomeMy WebLinkAbout20052607.tiff BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Professional Services Agreement work order for Foster Valuation Company(Appraisal Services)
DEPARTMENT: PUBLIC WORKS DATE: August 22, 2005
PERSON REQUESTING: Keith Meyer, P.E., Engineering Division Manager
Brief description of the problem/issue:
Public Works Department seeking a work order for a Basic Land Value and Data Report under the present
Professional Services Agreement with the Foster Valuation Company. This report is to be prepared for the
right-of-way acquisition on the WCR 40'1 and WCR 5 project. This basic report will provide Public Works
with the information needed to determine land values to make reasonable offers on smaller parcels which are
normally not appraised. This should eliminate the need for a complete appraisal report on those smaller parcels.
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, additional monies may be expended to appraise numerous smaller parcels of lesser
value.
Recommendation to the Board:
Due to the amount of probable savings, Public Works recommends approval of this Data Report and requests
signature on the enclosed Exhibit"A"Work Order form.
Approve Schedule
Recommendation Work Session Other
Geile t/
Vaad V
Jerke
Long
Masden N
(Y—Y71-295—r.
Attachments
cc:
m:leon/appraisal rfp/pass around for value report ^ 5Q
2005-2607
MEMORANDUM
WillCo TO: Vicky Sprague, Office Manager DATE: August 23, 2005
COLORADO FROM: Keith Meyer, P.E.
Engineering Division Manager C" ',
SUBJECT: Work Session Request/Consent Agenda
Attached is a Review/Works Session Request for Professional Services Agreement work order for Foster Valuation
Company for appraisal services.
Also attached are two duplicate, originals of the Work Order with Foster Valuation Company. Once the Work
Session Request is approved, please submit both originals and a copy of the approved Work Session to CTB as a
Consent Agenda item.
If you have any questions, please call Leon Sievers for assistance.
pc: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer
Leon Sievers, Right-of-Way Agent
M:AFrancieVAgend-1.doc
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this igday of�lig1ij4 , 2005,by
and between the County of Weld, State of Colorado, by and on behalf of Weld County Public
Works Department, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter
referred to as "County Department," and Foster Valuation Company, LLC, whose address is
1750 25th Avenue, Suite 204, Greeley, Colorado 80634, 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 August 15, 2005,
through and until August 15, 2006. This Agreement may be extended for
additional one-year periods, not to exceed four(4) 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 may be 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.
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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 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$250,000.
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.
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11. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of
this 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.
15. OWNERSHIP: All work and information obtained by the Contract
Professional under this Agreement or individual work order shall become the
property of the County. This includes,but is not limited to, reports, data,plans,
drawings,records and computer files.
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ININ ITNESS
WHEREOF, the parties hereto have signed this Agreement this / ay of
COUNTY DEPARTMENT:
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ATTEST: MillNrj �`4a
COUNTY OF WELD, a political
ie6i >� 'bdivision Weld County Clerk to the Board
. .. .gip
r `�' q the STATE OF COLORADO:8O r`rBy: ��At i 3/4ta io By: 1-1: Gw/
Deputy C r to the Be William H. Jerke, Chair AUG 15 2005
Board of County Commissioners of
the County of Weld
CONTRACT PROFE SIONAL:By: ' Date 7 2 (�/". o C
Name: , e sT or f G h
Title:
SUBSCRIBED AND SWORN to before me this V.o day of cu.ty , Zoos .
WITNESS my hand and official seal.
Notary Publi
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EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
WELD COUNTY
AND
FOSTER VALUATION COMPANY, INC.
DATED: August 15, 2005
Work Order Number: Appraisal 01.01
Purchase Order Number:
Project Title: Appraisal Services
Commencement Date: August 29, 2005
Completion Date: September 19, 2005
Limitations on compensation: $7,500
Project Description: Basis Land Value and Data Report
Scope of Services: SEE ATTACHED EXHIBIT"B"
Professional agrees to perform the services The attached forms consisting of six (6) 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 Count
terms of the Professional Services Agreement By: �L
and this work order (including the attached Projec Manager
forms) the Professional Services Agreement Date: -OS--
shall control.
By:
Professional epartm- ead
By: Date: g ZZ r,
W.West ster, Principal
Date: 6- —/7 — O S— By: 4
Director of FjgapFedrt,d Ministration
Date: JJttYY //l LUUJ
By: 141-"n-
Chairman,V�(�l¢,CgUuty missioners
Date: �Jtt�Y VV ll
ATTEST: 144414,441 P ." •
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WELD COUNTY CLERK TO TH!00
BY: Ecis
DEPUTY CLERK TO THE BO
aoos-&do7
Exhibit B
Appraisal Services
Scope of Work and Fee Estimate
August 19, 2005
The purpose of this effort is to provide a Basic Land Value and Date Report that will include
comparable sales for four types of properties similar to the properties bordering Weld County
road 401/2 and 5. The report will include indicated unit values for each property type for the
purpose of estimation Just Compensation. Four copies, complete with aerial photographs will be
delivered to Weld County.
Schedule:
The report will be delivered within three weeks of the Commencement Date
Proposed Fee:
Foster Valuation Company will perform the above-noted services for a fee not to exceed $7,500.
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