The URL can be used to link to this page

Browse Search

Home My WebLink About20240423.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Renewal of Right of Way Agent Contract DEPARTMENT: Public Works PERSON REQUESTING: Clay Kimmi, Don Dunker, Curtis Hall DATE: December 16, 2024 Brief description of the problem/issue: On March 18, 2024 Weld County entered into a one (1) year professional services agreement (Original Contract) with Western States Land Services to provide on -call Right -of -Way (ROW) support services for Public Works projects. The Original Contract indicates that at the option of Weld County, it may be extended for up to two (2) additional years. Western States has provided professional and timely ROW of support services for Public Works projects under the Contract. Westem States has provided an updated Exhibit A showing the 2025 hourly and mileage rates. The Western States hourly rates are within the 2.0% cost adjustments from the Denver, Aurora, and Lakewood Consumer Price Index for November 2024. What options exist for the Board? 1) Approve the renewal of the original contract and allow it to be placed on the next available agenda. 2) Ask for a work session to get additional information regarding the contract. Consequences: If the contract is not renewed, projects that are in the Right of Way acquisition phase currently will be delayed. Impacts: If the contract is not renewed, Public Works will have to go out for bid for a new Right of Way Agent. The procurement process to go out to bid will delay design projects that need the ROW services by approximately 3 to 4 months. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The contract renewal will be for $350,000.00. Public Works has budgeted $350.000.00 in the 2025 budget for the ROW Agent services contract. Recommendation: Pubic Works staff recommends renewal of the Original Contract beginning March 18, 2025 and ending March 18, 2026. Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Salve Conseil ' IAc I v oiz4 do. Support Recommendation Schedule Place on BOCC Aoenda Work Session Other/Comments: cc:ohbasecpt) puyGbastv1 i L/30/2g a024-047_3 E 0 087_ MEMORANDUM TO: Esther Gesick, CTB DATE: December 23, 2024 FROM: Clay Kimmi, P.E., Public Works SUBJECT: On -call ROW Services Contract Renewal for Western States Land Services Please place the attached contract renewal on the BOCC consent agenda for an upcoming 9 am hearing. The contract renewal is for the On -call ROW Agent Services Contract that was awarded to Tiglas Ecological Services by the BOCC on March 18, 2024. The original OnBase contract id is 7927 and the original document number is 2024-0423. The contract id for the renewal is 8997. The Board previously approved the contract to be placed on the agenda via a pass around that was returned on December 19, 2024. The contract is for an amount not to exceed $350,000. The contract amount is also included in the 2025 Public Works budget. I will plan on attending the meeting to answer any questions. Page l o£ 1 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND WESTERN STATES LAND SERVICES th This Agreement Extension/Renewal ("Renewal"), made and entered into 30 day of _ Deceatiatv, 20.A, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Western States Land Services, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as Document No. 2024-0423, Contract ID No. 7927, approved on March 18, 2024. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement for the first renewal of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: The Original Agreement will end on March 18, 2025. The parties agree to extend the Original Agreement for a one (1) -year period, which will begin March 18, 2025 and will end on March 18, 2026. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Exhibit A has been updated to reflect the 2025 hourly rates. 2. There are no changes being made to the Contract Documents. 3. The total anticipated cost for the period from March 18, 2025 to March 18, 2026 is $350,000.00. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: WESTERN STATES LAND BOARD OF COUNTY COMMISSIONERS SERVICES Mitch Hauff, Principal Printed Name WELD COUN.---7 Kevin D. Ross, Chair DEC 3 0 202 ?'r1,:tol yS7aeATTEST: ;A� e Signature lfJ Weld County Clerk to the Board -' BY: Deputy Clerk to the Board Zoz t- 0423 WESTERN STATES LAND SERVICES, LLC FEE SCHEDULE CALENDAR YEAR 2025 HOURLY * Project Mgr / Senior Agent $117.00 Acquisition / Relocation /GIS Specialist II $112.00 Acquisition / Relocation Specialist I $102.00 Records Docs. Supervisor $81.50 EXPENSES Expenses are charged at actual cost with no surcharge Velhicle mileage Federal Rate (+/- $.67/mile) Photocopies $ 20/page...Color.@.$.40/page Tabloid copies/ maps or plats [Varies for color] ...$1.00 to $10.00/page Direct expenses for items such as postage, telephone, etc. are charged at actual cost with no surcharge Custom invoices will be charged a one-time set up programming fee of $500 There is no surcharge for overtime hours worked (Daily and monthly rates available upon negotiation) +► U.S. BUREAU OF LABOR STATIST CS Bureau of Labor Statistics > Geographic Information > Mountain -Plains > News Release Mountain -Plains Information Office Search Mountain -Plains Region Go Mountain -Plains Home Mountain -Plains Archives Contact Mountain -Plains News Release Information 24-2531-KAN Wednesday, December 11, 2024 Contacts Technical information: (816) 285-7000 BLSInfoKansasCity@ bls.<<ov www.bls.gov/regions/mountain-plains Media contact: (816) 285-7000 Related Links c i Overview Table - U.S. and areas CPI Detailed Tables - Mountain Plains CPI Chart Package Area Economic Summaries Annual Average Percent Changes - U.S., St. Louis, and Denver -Aurora -Lakewood Consumer Price Index, Denver -Aurora -Lakewood area — November 2024 Area prices rose 0.2 percent in October and November, up 2.0 percent over the year Prices in the Denver -Aurora -Lakewood area, as measured by the Consumer Price Index for All Urban Consumers (CPI -U), increased 0.2 percent for the two months ending in November 2024, the U.S. Bureau of Labor Statistics reported today. Assistant Commissioner for Regional Operations Michael Hirniak noted that the all items less food and energy index rose by 0.8 percent in October and November. The food index was up 0.9 percent, while the energy index was down 8.9 percent over the past two months. (Data in this report are not seasonally adjcsted. Accordingly, bi-monthly changes may reflect seasonal influences.) Over the last 12 months, the CPI -U advanced 2.0 percent. The index for all items less food and energy increased 2.5 percent over the year, and the food index rose 3.6 percent. Energy prices declined 8.1 percent, largely the result of a decrease in the natural gas service index. (See chart 1 and table 1.) Chart 1. Over -the -year percent change in CPI -U, Denver -Aurora -Lakewood, CO, November 2021 —November 2024 Percent change 10 0 90 8.0 70 60 50 40 30 20 10 00 All terns All tems less food and energy . . . I 1 l l l l . T 1 Nov Jan Mar May Jul Sep Nov Jan Mar May Jul Sep Nov Jan Mar May Jul Sep Nov 2021 2022 Source U S Bureau of Labor Statistics 2023 2024 View Chart Data Food Food prices increased 0.9 percent for the two months ending in November. Prices for food at home (grocery store prices) rose 1.4 percent, and prices for food away from home (restaurant, cafeteria, and vending aurchases) advanced 0.3 percent for the same period. Within the food at home category, the indexes for dairy and related products (+4.5 percent), nonalcoholic beverages and beverage materials (+3.9 percent), and fruit and vegetables (+2.2 percent) contributed to the rise. A 1.1 -percent dedine in the index for cereals and bakery products partially offset increasing prices. Over the year, food prices advancec 3.6 percent, mainly driven by a rise in the index for food away from home, which increased 5.6 percent. Prices for food at home advanced 1.7 percent, with the indexes for other food at home (+2.0 percent) and meats, poultry, fish, and eggs (+1.9 percent) contributing most to the 12 -month change in the index. Energy The energy index fell 8.9 percent far the two months ending in November. The decline was mainly due to lower prices for gasoline (-13.9 percent). Prices paid for electricity and natural gas service also decreased over the two -month period. From November 2023 to November 2024, energy prices declined 8.1 percent. This decrease was due to a combination of a dedine in the natural gas service index and a 5.5 - percent decrease in the gasoline index. The index for electricity also fell over the year. All items less food and energy The index for all items less food and energy increased 0.8 percent in the latest two -month period. Higher prices for public transportation, owners' equivalent rent of residences (+0.6 percent), and lodging away from home were partially offset by lower prices for education and communication (-1.5 percent), recreation (-1.3 percent), and rent of primary residence (-0.8 percent). Over the year, the index for all items less food and energy rose 2.5 percent. Components contributing most to the advance included owners' equivalent rent of residences (+1.7 percent), other goods and services (+7.0 percent), and rent of primary residence (+1.9 percent). The January 2025 Consumer Price Index for the Denver -Aurora -Lakewood area is scheduled to be released on Wednesday, February 12, 2024. Notice Regarding Ceasing Publication of Utility Indexes With the publication of January 2025 data in February 2025, several indexes and average price series will be discontinued, and one index title will change. The following CPI indexes will continue to be published at the national level, but will be discontinued for all metropolitan areas, census divisions, and regional size classes: Electricity • Utility (piped) gas (often referred to as natural gas) • Energy services • Fuels and utilities • Household energy The following CPI average price series will continue to be published at the national level, but will be discontinued for all metropolitan areas, census divisions, and regional size lasses: • Electricity per KWH • Utility (piped) gas per therm Technical Note The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Consumer Price Index for Denver is published bi-monthly. The set of components and sub -aggregates published for regional and metropolitan indexes is more limited than at the U.S. city average level; these indexes are byproducts of the natioral CPI program. Each local index has a much smaller sample size than the national or regional indexes and is, therefore, subject to substantially more sampling and other measurement error. As a result, local -area indexes are more volatile than the national or regional indexes. In addition, local indexes are not adjusted for seasonal influences. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. The Denver -Aurora -Lakewood, CO, Core Based Statistical Area is comprised of Adams, Arapahoe, Broomfield, Clear Creek, Denver, Douglas, Elbert, Gilpin, Jefferson, and Park counties in Colorado. Refer to the national CPI news release technical note or the Handbook of Methods for more information. Information in this release will be made available to individuals with sensory impairments upon request. Voice phone: (202) 691-5200; Telecommunications Relay Service: 7-1-1. Table 1. Consumer Price Index for All Urban Consumers (CPI -U): Indexes and percent changes for selected periods, Denver -Aurora -Lakewood, CO (1982-84=100 unless otherwise noted) Indexes Percent change from - Item and Group Sep. 2024 Oct. 2024 Nov. 2024 Nov. 2023 Sep. 2024 Oct. 2024 All items 329.379 -. 330.160 2.0 0.2 - All items (1967 = 100) 1,098.340 - 1,100.946 Food and beverages 305.537 - 307.912 3.4 0.8 - Food 313.415 - 316.126 3.6 0.9 - Food at home 278.347 277.333 282.229 1.7 1.4 1.8 Cereals and bakery products 342.149 339.018 338.277 2.9 -1.1 -0.2 Meats, poultry, fish, and eggs 281.846 267.444 282.813 1.9 0.3 5.7 226.212i 238.296 236.373 1.1 4.5 -0.8 Dairy and related products Fruits and vegetables 317.673 323.098 324.592 0.0 2.2 0.5 . Nonalcoholic beverages and beverage materials(1) 184.965 190.301 192.101 t 2.7 3.9 0.9 Other food at home 254.091 252.379 256.643 2.0 1.0 1.7 Food away from home 362.634 - 363.822 5.6 0.31 t - Alcoholic beverages 235.253 - . 234.849 1.5 -0.2 - Housing 334.868 - 335.694 0.9 0.2 Shelter 391.510 394.358 393.691 1.7 0.6 -0.2 Rent of primary residence 413.315 412.623 410.167 1.9 -0.8 -0.6 Owners' equivalent rent of residences(?) 387.818 391.493 389.997 1.7 0.6 -0.4. Owners' equivalent rent of primary residence(?) 387.818 391.493 389.997 1.7 0.6 -0.4 Fuels and utilities - - p -t - - - - Household energy - - - - T - - Energy services - - - - - - Electricity - - A - - r Utility (piped) gas sen ice - r - - - - - Household furnishings and operations 144.354 - 143.640 1.0 -0.5 - Apparel 111.926 - 112.430 -2.2 0.5 - Transportation 338.896 1 - 340.319 5.4 0.4 Private transportation 349.189 -, 342.415 -. 5.2 -1.9 - New and used motor vehides@) 133.590 - r 135.052 2.1 1.1 - New vehicles(1) 257.161 - . I 257.407 0.2 0.1 - Used cars and trucks(i) 354.559 - 358.783 -2.3 1.2 ..- I - Motor fuel 291.255 273.781 251.337 -6.3 -13.7 -8.2 Gasoline (all types) 288.513 270.320 248.289 -5.5 -13.9 -8.1 9 Gasoline, unleaded re ular(4) 279.735 261.432 239.015 -5.9 -14.6r -8.6 Gasoline, unleaded miJgradeUU 287.130 270.028 250.670 -4.5 -12.7 -7.2 Gasoline, unleaded premiumU 318.254 300.887 280.895 -3.9 -11.7 -6.6 Medical care 719.277 - 728.145 -1.0 1.2 - RecreationU Education and communicationii) Tuition, other school fees, and chlldcare(v Other goods and services 186.163 133.452 1,254.765 461.913 183.764 131.466 1,246.240 466.115 1.9 - 1.3 2.0 - 1.5 • 3.7 -0.7 - 7.0 0.9 Commodity and service group Commodities Commodities less food and beverages Nondurables less food and beverages Durables Services Special aggregate indexes 212.732 168.599 211.176 128.853 433.765 IMO 210.779 1.1 -0.9 165.388 -0.3 -1.9 203.565 -0.1 -3.6 128.462 -0.6 -0.3 436.980 2.5 0.7 (1) Indexes on a January 1978=100 base. (2) Indexes on a November 1982=1J0 base. (3) Indexes on a December 1997=130 base. (4) Special index based on a substantially smaller sample. (5) Index on a December 1993=100 base. - Data not available. Item and Group Indexes Percent change from - Sep. 2024 Oct. 2024 Nov. 2024 Nov. 2023 Sep. 2024 Oct 2024 All items less shelter 299.890 - 299.955 2.3 0.0 - All items less medical care 311.248 - 311.735 2.3 0.2 - Commodities less food 171.279 - 168.157 -0.2 -1.8 - Nondurables 258.723; - 255.580 1.9 -1.2 - Nondurables less food - -r - 212.747 - - 205.752 0.0 -3.3 - - Services less rent of shelter&) 487.634 - 492.395 3.6 1.0 - Services less medical care services 410.148 - 413.005 2.9 0.7 - Energy 238.162 228.344 217.066 -8.1 -8.9 -4.9 All items less energy 339.446 - 342.045 2.6 0.8 - All items less food and energy 345.512 - 348.115 2.5 0.8 - (1) Indexes on a January 1978=100 (2) Indexes on a November 1982=100 (3) Indexes on a December 1997=100 (4) Special index based on a substantially (5) Index on a December 1993=100 base. base. base. smaller sample. base. - Data not available. Last Modified Date: Wednesday, December 11, 2024 U.S. BUREAU OF LABOR STATISTICS Mountain -Plains Information Office Two Pershing Square Building Suite 1190 2300 Main Street Kansas City, MO 64108 Telephone:1-816-285-7000_ www.bls.gov/regions/mountain- lams Contact Mountain -Plains Contract Form Entity Information Entity Name* Entity ID* WESTERN STATES LAND SERVICES @00001574 LLC Contract Name * 2025 ON -CALL ROW AGENT SERVICES CONTRACT RENEWAL Contract Status CTB REVIEW Contract ID 8997 Contract Lead * CKIMMI Contract Lead Email CKimmi@weld.gov New Entity? Parent Contract ID 7927 Requires Board Approval YES Department Project # Contract Description * RENEWAL FOR THE ANNUAL ROW AGENT SERVICES CONTRACT. THIS IS THE FIRST OF TWO RENEWALS THAT ARE ALLOWED BY THE CONTRACT. Contract Description 2 Contract Type * RENEWAL Amount* $350,000.00 Renewable* YES Automatic Renewal N O Grant N O IGA N O Department PUBLIC WORKS Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHeadgweld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID 7927 If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date * 01/08/2025 Due Date 01/04/2025 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head DUANE NAIBAUER DH Approved Date 12/26/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 12/30/2024 Review Date* 12/23/2024 Committed Delivery Date Contact Type Contact Email Finance Approver CHERYL PATTELLI Renewal Date* 12/31/2025 Expiration Date Contact Phone 1 Purchasing Approved Date Finance Approved Date 12/26/2024 Tyler Ref # AG 123024 Originator CKIMMI Contact Phone 2 Legal Counsel MATTHEW CON ROY Legal Counsel Approved Date 12/26/2024 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Non -Project Specific Right of Way (ROW) On -Call with Western States Land Services Change Order No. 1 DEPARTMENT: Public Works DATE: July 29, 2024 PERSON REQUESTING: Don Dunker, and Curtis Hall Brief description of the problem/issue: The 2024 ROW on -call contract (#7927) with Western States Land Services was for $110,000 and will need to be increased by $200,000 to a total of $310,000. PW is trying to move projects forward and there is more work required to be done by the ROW contractor. Each project requires Weld County to purchase ROW, Permanent Easements (PE) and Temporary Construction Easements (TCE) to fit the new improvements required by the design. What options exist for the Board? 1. Recommend approval of the $200,000 change order. 2. Request a work session with staff to discuss this request. Consequences: Approval of this ROW Change Order No. 1 will be used during the 2024 fiscal year. If Change Order No. 1 is not approved, this could cause delays to our project design and construction schedules. Impacts: Public Works anticipates using these funds in 2024. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The ROW on -call contract will be increased from $110,000 to $310,000 for the 2024 fiscal year. The $200,000 in additional costs is available in the individual PW project budgets under Engineering 31100-6450 and can be moved to the ROW on -call contract/budget under Engineering 31100-6377 to satisfy the requested change order. Therefore, the requested change order results in no increase to the PW 2024 budget and does not affect future fiscal years. Recommendation: Public Works recommends authorization to place the requested ROW on -call with Western States Land Services Change Order #1 as a line item on an upcoming BOCC Meeting Agenda. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine (9;* 6,11,4,66° r/-7/aEc,2coS2 3 CHANGE ORDER NO. 1 PROJECT: ON-CALI,_ROW ACQUISITION SERVICES Date: Jolt 24, 2Q24 PROJECT: ON -CALL ROW ACQUISITION SERVICES described in the Agreement dated March 18, 2024. (On Base #7927) Owner: Wald C0MM Colorado Consultant: yVastarn Slates Land Services. LLC The following change Is hereby made to the Contract Documents: CHANGE TO CONTRACT PRICE: Original Contract Price: Current Contract Price adjusted by previous Change Order: The Contract Price due to this Change Order will be increased: The New Contract Price, including this Change Order, will be: CHANGE TO CONTRACT TIME: The Contract Time will not change. The date for completion of all Work will be March 18, 2025. RECOMMENDED: Owner Representative: Don Dunker, P.EE . d ( �- DDunk. (County Engineer) APPROVALS: CONSULTANT: / Name: `144 �^/,- 1,44:47,7-17 $110,000,00 $110.0Q0.00 $200.000.00 5310.000.00 Dote: 7/Z-4 1 02e. 1,2-5 WELD COUNTY: ATTEST; !a/..aTrW/ v'• `;� Weld C n Clerk to the Board Deputy CI= ' o the : oard p BOARD OF COUNTY COMMISSIONERS WELD • COLORAD D Kevin D. Ross, Chair AUG 0 7 2024 Contract Form Entity Information Entity Name* Entity ID* WESTERN STATES LAND SERVICES @00001 574 LLC O New Entity? Contract Name* Contract ID NON -PROJECT SPECIFIC RIGHT OF WAY ON -CALL 8562 WITH WESTERN STATES LAND SERVICES CHANGE ORDER #1 Contract Status CTB REVIEW Contract Lead * DDUNKER Contract Lead Email ddunker@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * THE 2024 ROW ON -CALL CONTRACT (#7927) WITH WESTERN STATES LAND SERVICES WAS FOR $110,000 AND WILL NEED TO BE INCREASED BY $200,000 TO A TOTAL OF $310,000. Contract Description 2 PW IS TRYING TO MOVE PROJECTS FORWARD AND THERE IS MORE WORK REQUIRED TO BE DONE BY THE ROW CONSULTANT. Contract Type * Department CHANGE ORDER PUBLIC WORKS Amount* $200,000.00 Renewable NO Automatic Renewal NO Grant NO IGA NO Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Requested BOCC Agenda Due Date Date* 08/03/2024 08/07/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date" 08/07/2024 Committed Delivery Date Renewal Date Expiration Date* 12/31/2024 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 08/01/2024 08/02/2024 08/02/2024 Final Approval BOCC Approved Tyler Ref # AG 080724 BOCC Signed Date Originator DDUNKER BOCC Agenda Date 08/07/2024 Coh-Ittic+ (1)4-19 Z7 MEMORANDUM Date: March 12, 2024 To: Esther Gesick, CTB From: Clay Kimmi, Project Manager, Public Works RE: OnBase Contract ID #7927 — On -call Right of Way Acquisition, Relocation, and Appraisal Services, B2400034 Please place the attached agreement on the BOCC Consent Agenda. The BOCC approved the award of this contract to Western States Land Services on March 6, 2024 under Tyler Reference Number 2024-0423. The Consultant has signed the contract, has provided the rate schedule, and has provided the required insurance listing Weld County as an additional insured party. I will plan on attending the BOCC hearing to answer any questions the BOCC may have regarding this contract. Unsini-- Wier& 3/181Z4 g-9 .5//t/di- 2.02A- 0(1-Z3 6C -A OOS Z AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY AND WESTERN STATES LAND SERVICES FOR ON -CALL RIGHT OF WAY ACQUISITION, RELOCATION, AND APPRAISAL SERVICES THIS AGREEMENT is made and entered into this . day of MaVck1 , 2024, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Western States Land Services, LLC, a corporation, who whose address is 505 North Denver Avenue, Loveland, CO 80537, hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Proposal (RFP) as set forth in B2400034. The RFP contains all the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. 2. Service or Work. Contract Professional agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project described in Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibits A and B. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. Internal Accounting Form Contract: The parties recognize the Work under this Agreement will only be provided pursuant to an appropriately executed Internal Accounting Form generated by the County. Any such Internal Accounting Form shall be signed by the Director of the Public Works Department to be effective. In no event shall the total of all individual Internal Accounting Forms exceed the amount described in Section 6 of this Agreement. Any appropriately executed Internal Accounting Form shall be automatically incorporated herein and enforceable. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibit A. Both parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional that it wishes to renew this Contract. At the option of the County, the agreement may be extended for up to two additional one-year periods beginning on January 1 and ending on December 31 of the respective year. If the parties agree to renew this Contract, the parties shall negotiate and agree to increases to the fee schedule in Exhibit B. Increases in the fee schedule shall not exceed the Denver -Aurora -Lakewood Consumer Price Index (CPI) for All Products which is in effect at the time of contract renewal. 4. Termination. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contract Professional. Either party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. If written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $110,000.00, which is the cost set forth in Exhibit B. Contract Professional acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the cost amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contract Professional was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. Mileage may be reimbursed if the provisions of Exhibit B allow such payment at the rate set forth in Exhibit B. Contract Professional shall not be paid any other expenses unless set forth in this Agreement. Payment to Contract Professional will be made only upon presentation of a proper claim by Contract Professional, itemizing services performed and, (if permitted under this Agreement), mileage expense incurred. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contract Professional in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following responsibilities about workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law and provide proof thereof when requested to do so by County. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of this project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, by this Agreement, assumes toward County. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. Use or reuse of Contract Professional's work for any purpose other than intended by this Agreement shall be at County's sole risk and without legal liability or exposure to Contract Professional. 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., about public records, and cannot guarantee the confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contract Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contract Professional, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall always keep the required insurance coverage in force during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A -VIII" or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are enough to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and always maintain during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non - owned vehicles used in the performance of this Contract. Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in their sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name Weld County, Colorado, its elected officials, and its employees as an additional insured parties. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contract Professional hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contract Professional agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contract Professional, involving all matters and/or transactions related to this Agreement. The Contract Professional agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of their authority, 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. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or their designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contract Professional: Western States Land Services, LLC Attn.: John Doty Address: 505 North Denver Ave Address: Loveland, CO 80537 E-mail: idoty E.ws-ls.net Phone: 970-667-7602 County: Name: Clay Kimmi, P.E. Position: Senior Engineer Address: 1111 H Street Address: Greeley, CO 80632 E-mail: ckimmWiweldgov.com Phone: 970-400-3741 Don Dunker, P.E. County Engineer 1111 H Street Greeley, CO 80632 ddunker(aiweldgov.com 970-400-3749 18. Compliance with Law. Contract Professional shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contract Professionals or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contract -Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5- 101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Compliance with Davis -Bacon Wage Rates. N/A 30. Attorney Fees/Legal Costs. In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contract Professional acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this I CP day of (narc,h , 2024. CONTRACT PROFESSIONAL: By: Name: ii -d Title: Date: 3/7/2 - WELD COUNTY: .� ATTEST: ,I • BOARD OF COUNTY COMMISSIONERS Weld C • u Jerk to the B+, and WELD CO " , • L '� BY: evin D. Ross, Chairperson MAR 1 8 224 Exhibit A Request for Proposals #B2400034 Weld County, Colorado 1301 North 17th Avenue Greeley, CO 80631 RIGHT OF WAY ON -CALL ACQUISITION AND APPRAISAL SERVICES Date: January 26, 2024 RFP Advertisement January 26, 2024 Pre -proposal Conference (mandatory) February 8, 2024 (10:00 A.M.) at 1111 H Street, Greeley, CO, 80632 Deadline for Questions February 12, 2024 (7:00 A.M.) Deadline for Posting Final Addendum February 13, 2024 (5:00 P.M.) Proposals Due at Purchasing Interviews Conducted (As Needed) Contract Awarded (Anticipated Date) Notice to Proceed (Anticipated Date) I. Purpose February 16, 2024 (10:00 A.M.) February 29, 2024 March 6, 2024 March 18, 2024 The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as "Weld County") is soliciting proposals from qualified consultants of CDOT certified On -call Right of Way (ROW) Acquisition/Relocation and Appraisal services to supplement Weld County's needs for the year 2024. It is expected the projects will include ROW acquisition on approximately 20 properties, the acquisition of approximately 36 permanent easements, and the acquisition of approximately 24 temporary construction easements. The consultant shall also provide appraisal services for all the properties to be acquired with in-house or subcontracted appraisers. These consulting services typically consist of projects of various sizes at several locations throughout Weld County which will require site visits, meetings with landowners, coordination with landowner appraisers, initial and final offers, and potentially condemnation support. Upcoming projects will likely include road, bridge, and drainage related projects. Projects with CDOT funding will require following the CDOT process and coordination with CDOT ROW staff. Consultant services will be requested by the County on an as -needed basis by issuing individual Internal Accounting forms (lAs) (aka "work order"). Basic project information prepared by the County will be provided to the Consultant so a detailed project scope of work and cost estimate can be prepared. The detailed project scope of work will then be used to develop the IA which will be signed by the Consultant and Weld County Public Works. This solicitation is for an on -call professional services agreement. There is no guarantee that the County will need or utilize the services of the Consultant in any given year. There is no retainer paid by the County. The Consultant understands and agrees that there are no guarantees of specific tasks or quantities of services associated with the professional services agreement. The Consultant may or may not perform the ROW Acquisition/Relocation and Appraisal services as circumstances require. Furthermore, the County is in no way obligated to utilize the Consultant in every ROW/Relocation and Appraisal services situation encountered. I The professional services agreement shall commence on the date the Agreement is signed by the Board of County Commissioners and shall continue in full force until December 31, 2024. At the option of the County, the agreement may be extended for up to two additional one-year periods beginning on January 1 and ending on December 31 of the respective year. If the agreement is renewed, the Consultant will have the opportunity to revise the contract fee schedule in accordance with the "U.S. Bureau of Labor Statistics Consumer Price Index for Denver, Aurora, Lakewood, All Items, All Urban Consumers" or its successor index that is in effect at the time of the renewal. The Qualifications Based Selection (QBS) process outlined in Chapter 5, Section 5-4-150(B) of the County Code will be utilized to select the Consultant. Consultant proposals in response to this RFP shall not include cost information. The contract fee will be negotiated with the selected Consultant prior to the contract being awarded. The selection committee will include representatives from the Weld County Public Works and Purchasing Departments. Weld County. in its sole discretion, may choose to invite up to three consultants to an interview where they will have the opportunity to do a short presentation (10-15 minutes) about the services they perform and how they are best qualified to perform the work described in this RFP. Following the presentation, the selection committee will ask a series of questions. The consultant will have an opportunity to respond to the questions. Interviews will be approximately one hour long. A mandatory pre -proposal conference will be held on February 8 at 10:00 AM at the Public Works building located at 1111 H Street, Greeley, CO 80632. Interested parties may submit questions in writing until February 12, 2024 at 7 AM. Questions shall be emailed to Clay Kimmi at ckimmi@weldgov.com and bids(a�weldgov.com. Questions and answers will be posted to https://www.bidnetdirect.com via an addendum on or before February 13, 2024 at 5 p.m. Proposals will be received until February 16, 2024 at 10:00 AM (Weld County Purchasing Time Clock. A. Emailed proposals are required. All proposals shall be submitted electronically by email. No hardcopies of the proposal will be accepted. Proposals smaller than 25 MB shall be submitted by email to bids(d weldgov.com. For proposals that are larger than 25 MB, please contact the Weld County project manager for an alternative delivery method. B. All proposals are required to be in a PDF format and shall include the following statement in the email. "I hereby waive my right to a sealed proposal". An email confirmation will be sent when your proposal is received through the bids@weldqov.com email address. Please call Weld County Purchasing at 970-400-4222 or 4223 with any questions. C. The signed Receipt of Addenda shall be included with the proposal. The Receipt of Addenda will not be counted in the page limit for the proposal. II. Scope of Services As outlined above, the County is seeking qualified ROW Acquisition/Relocation and Appraisal consultants. Projects may be federally funded so ROW agents shall be on CDOT's Qualified Acquisition and Relocation Agent List. Appraisers shall be on the CDOT Qualified Appraisers List. The CDOT lists can be downloaded from https://www.codot.gov/business/manuals/right-of-way-manual/supplemental- information. Properties shall be acquired in accordance with the Uniform Relocation Assistance and Real Property Policies Act of 1970 ("Uniform Act"). Relocation services are required for this project. The County expects to hire one consultant to provide the requested ROW acquisition, relocation, and appraisal services (including field staking of the proposed acquisitions under the direction of a Colorado Registered Professional Land Surveyor (PLS)) in a timely and professional fashion The consultant shall have the ability either in-house or through sub -consultants to provide the requested services Fees will be based on a pre -determined rate schedule which will be, negotiated with the selected consultant prior to signing of the Professional Services Agreement Title commitments, final ROW plans, legal descriptions, and exhibits will be provided to the consultant who is awarded the contract Title commitments older than 90 days shall be updated by the consultant The cost of updating the title commitments shall be included in the rate schedule that will be negotiated with the selected consultant prior to signing of the Professional Services Agreement (see attached sample agreement) III Project Requirements A General Qualifications and Requirements 1 The consultant's ROW agent shall be qualified by CDOT to, perform acquisition and relocation services The ROW agent shall have extensive and verifiable knowledge of the varying land types, land values, and various farming practices in Weld County 2 The consultant shall Use record information to confirm ownership of ROW and easements needing to be acquired to construct the project Determine the encumbrances of affected parcels Coordinate with appraisal consultants, attorneys, surveyors, title companies, landowners, and the County as required Prepare a ROW tabulation of properties detailing parcel number, owner's name, address & phone number, location, area of parcel, recording number, date of most recent legal description, and purpose of acquisition (ROW, or type of easement) Complete the acquisition of all ROW, PEs, and TCEs necessary to construct the Project This task includes but is not limited to field staking of the proposed acquisitions under the direction of a Colorado registered PLS, conducting appraisals, preparing offer letters, preparing agreements and conveyance documents, conducting negotiations in good faith, preparing final legal descriptions and exhibits, coordinating _and attending real, estate closings, and coordinating with the County's legal counsel and project manager, including assistance with and testimony at condemnation proceedings All contracts/agreements shall be approved by the' County prior to sending to the property owner _ Updated title commitments and copies of all documents mentioned in the commitment shall be provided to Weld County electronically when received from the Title Company Before the closing is scheduled, updated commitments shall be acquired if the previous commitment is greater than 90 days old If required, the consultant shall prepare all legal descriptions under the direction of a Colorado Registered Professional Land Surveyor (either in-house or subcontracted) Legal descriptions, exhibit maps, and photo maps shall be prepared for all ROW parcels, PEs, and TCEs including utility easements that are being acquired Legal descriptions for the remainder of the parent parcel not being acquired will not be required Legal descriptions shall be furnished to Weld County for review and approval 3 Staking for ROW, PEs, and TCEs to be acquired shall be done by the consultant's Colorado Registered PLS Notice of Intent to Acquire shall be delivered to the landowner The consultant shall follow the Uniform Act, as much as practicable, and CRS 38-1-121 in the delivery of the notice and during all negotiations, including the offer to pay the reasonable costs of an appraisal completed by an appraiser of the landowner's choosing-- The Notice of intent to Acquire shall also include an appraisal guideline form The Notice of Intent to Acquire shall be reviewed and approved by Weld County prior to being sent to the landowner A copy of the landowner's- appraisal shall be sent directly to Weld County with the invoice Weld County will pay the invoice directly to the landowner's appraiser The landowner's appraisal,` along with a basic data report shall be the basis for the issuance of a Statement of Fair Market Value or Value Finding prepared byl the consultant Appraisals being resubmitted for reimbursement on behalf of the landowner shall include an invoice from the landowner's appraiser and a W-9 from the landowner's appraiser Offers shall be made -based on the Fair Market Value or Value Finding, prepared by the consultant and approved by the County If an agreement cannot be reached using the Fair Market Value amount, the consultant shall prepare an Administrative Settlement form stating the amount needed to reach an agreement The Administrative Settlement form shall be delivered to Weld County for approval and when approved shall be the amount offered Weld County will provide an agreement form to be 'used by the consultant The consultant shall keep a log of all communication with the landowner and shall surrender the log to Weld County when the parcel has been secured If the consultant and landowner reach an impasse and negotiations cannot continue, all information and documentation shall be surrendered to Weld County a d Weld County will move forward taking the steps necessary to secure the parcel When a signed agreement is received by the consultant, the agreement shall be delivered to Weld County for BOCC approval Once the BOCC has approved the agreement, a`check will be ordered Weld County will deliver the check to the consultant The consultant shall schedule a closing The consultant shall deliver the check to the landowner along with a re ease, a closing statement, and a Deed/Easement form The signed Deed/Easement shall be delivered to Weld County along with a copy of all files Work with County staff and title company to obtain a clear title • Prepare a ROW "Clearance Letter" that summarizes the acquisitions and easements information determined 'by the County's Project Manager to be necessary to construct the project _ - • rt Provide all labor, tools, equipment, and materials to perform the services The consultant shall coordinate with other County consultants as necessary 3 The consultant shall be required to attend meetings with Public Works staff, attorneys, surveyors, and Board of County Commissioners Presentations to the BOCC and public meetings may be required The consultant shall plan on attending at least one progress meeting per month with staff Weekly email updates shall also be required 4 The consultant shall submit monthly pay requests with documentation of hours spent on each individual bid item - B Appraiser Qualifications and Requirements 4 1 Appraiser shall be a Certified General Appraiser with extensive and verifiable knowledge of the varying land types, land values, and various farming practices in Weld County Appraiser shall be an approved appraiser on CDOT's Qualified Appraiser List 2 Appraiser shall provide an Eminent Domain appraisal of real property rights to be acquired for each parcel affected by the Project The Scope of Work encompasses total take, partial take, appraisal review, and any litigation related appraisal services to ROW acquisitions where litigation is involved 3 Appraiser shall prepare all appraisal report(s) using the appropriate CDOT appraisal format in accordance and consistent with • The federal Uniform Relocation Assistance and Real Property Policies Act of 1970 ("Uniform Act"), as amended • Code of Federal Regulations 49 CFR Part 24, 23 CFR Part 710 •- Colorado Revised Statutes CRS 24-56-101 et seq , CRS 38-1-101 seq • Policies and procedures in the CDOT ROW Manual Chapter 3-Appraisal/Appraisal Review • Appropriate and applicable state laws, regulation, policies and procedures • Current edition uniform Standards of Professional Appraisal Practice (USPAP) 4 The following Appraisal Process requirements shall be followed • The appraiser who is hired by the consultant shall be the sole signatory of the appraisal reports • Use the definition for "Reasonable Market Value" (see CDOT appraisal templates) • Appraised as fee simple title (excluding mineral estate) in "as is" condition as if free and clear of liens, encumbrances, bond assessments, and indebtedness, but subject to existing easements, covenants, deed restrictions, and ROW of record Use Colorado modified before -and -after rule in partial take appraisal (see CDOT ROW Manual, Chapter 3-Appraisal/Appraisal Review) Ignore Project Influence in the appraisal of the larger parcel before the take but consider any influence of the project in the appraisal of the remainder property after the take (see CDOT ROW Manual, Chapter 3-Appraisal/Appraisal Review) Review title work, ROW plans, legal descriptions (acquisition legals), and any other materials provided by the County in connection with the appraisal services required However, some or all of these materials might not be available from the County The appraiser will promptly notify the consultant who will then notify the County's project manager of any apparent discrepancy or error in the materials provided The appraiser will otherwise rely on information provided by the County for appraisal purposes, especially defined acquisition areas and in many cases_ subject property land areas However, "larger parcel" conclusion ultimately is appraiser -derived and might be different than shown by the ROW plans ROW parcel staking The signatory appraiser will not contact the property owner or inspect the subject property without first coordinating with the consultant and the County's project manager to discuss the assignment in more detail and arrange for the ROW parcel staking prior to inspection Appraiser shall notify the consultant at least three weeks in advance of the inspection to allow for scheduling the staking of the parcels Invite the property owner to accompany the appraiser on an inspection of the owner's property that will be appraised, including the whole property (larger parcel) as 5 appropriate and the parts to be acquired The property owner is not required to attend the appraiser's inspection Inspect the property to be appraised, both interior and exterior as appropriate (such as total take of improved property or when there are improvements in a partial taking) Environmental conditions The appraiser shall look for and discuss in the appraisal any evidence of environmental contamination on the property The appraiser shall appraise the property in its "as is" condition, including the effect of any observed or reported environmental contamination, unless otherwise specified by the County Photograph the subject property to be appraised, including the larger parcel and the parts acquired fee acquisitions, easements, temporary easements, buildings (interior and exterior) and site improvements that are in or might be affected by the acquisitions Take other photographs as appropriate This work may be done by others, but the principal appraiser shall have inspected everything that is photographed Measure subject buildings and similar structures (storage buildings, detached garages, etc ) that are in the acquisition area or near enough they might be affected by the taking Include floor plan sketch of affected buildings and other structures in the appraisal report, complete with dimensions and directional orientation Photograph each comparable sale (land and improved) and rental comparable that is used as primary data in the valuation analyses Include individual detail maps and overview maps showing locations of the subject and comparable sales and rentals analyzed in the report See CDOT appraisal formats Include in each appraisal report an appropriate state, regional, city and neighborhood market analysis Review recorded sale deeds and any other available transaction documents for any relevant prior sales of the subject and of the comparable sales used in'the appraisal Confirm with the buyer or seller — and preferably both — the sale information reported for comparable sales directly used in the appraisal report Failure to confirm comparable sales as noted above may affect the appraisal review and the appraiser might be required to exclude such sales from the appraisal analyses, possibly requiring significant appraisal revision Comparable rental information should be confirmed with a party to the lease, preferably the property owner and the tenant, but confirmation by other knowledgeable parties is acceptable Landscaping and related sprinkler systems, fencing, driveways and parking area improvements, septic tanks and leach fields, agricultural or other irrigation systems, and similar site improvements in a fee take area are appraised at their contributory value to theland The same is true if such improvements are located in a proposed easement or temporary easement area and which will not be repaired or replaced by the project if damaged or destroyed Business signs (pole signs, monument signs, etc, but not billboards) located in acquisition areas are appraised at their contributory value ` Include a certification in each appraisal report that is similar to the certification included in the CDOT appraisal template appropriate to the appraisal assignment The appraisal work described in this Scope of Work might include improvements (i e , signs, landscaping and/or sprinkler systems, fencing, and similar) that are more suitably appraised by specialists whose work can support and may be incorporated into the appraiser's report The consultant may be required to sub -contract and pay for specialty appraisal services necessary to complete the appraisal assignments All specialty work completed shall become the property of the County Each appraisal made for the County will be reviewed by the County 6 C Condemnation Proceedings 1 All final offers shall be made to the property owner(s)-no later than 45 days after the receipt of the appraisal 2 If a property owner refuses to accept the final offer, a condemnation package (including the Real Estate Specialist's log, updated title information, and other negotiation information) shall be prepared and submitted to the Weld County Project Manager 3 If condemnation proceedings are initiated, the consultant and applicable subconsultants shall coordinate with the County's legal counsel including assistance with and testimony at condemnation proceedings 4 Condemnations proceedings shall be paid based on the negotiated hourly rates outlined in the Contract Agreement,,Exhibit A and handled on a case -by -case basis IV Instructions to Consultants Submittal Requirements — Qualified consultants interested in performing the work described in this RFP shall submit the following information to the County, in the order shown in_the scoring table below 1 Cover Letter stating the name, address, and telephone number of the proposing firm The letter shall be signed by a person having the authority to make the proposal for the proposing firm and binding the firm in a formal agreement with the County (Note, the cover letter will not be included in the page count) 2 Capabilities and qualifications of the consultant and staff proposed to perform the work on this project The Proposal shall include the ROW Agent and Appraiser resume which includes all experience as an expert witness (Note, the resumes will be included in the page count ) 3 A list of similar appraisal contracts which the consultant has participated in over the last five years (Note, this item will be included in the page count ) 4 A list of critical issues that the consultant considers to be of importance for a project (Note, this item will be included in the page count ) 5 Provide ideas or suggestions on how the proposed schedule can be attained (Note, this item will be included in the page count ) 6 Provide a scope of work for the proposed Work and list of associated work items required to complete the Work 7 References from at least three other projects with similar requirements that have involved the staff proposed to work on this project The County may choose to contact the project owner (Note, this item will be included in the page count ) 8 An excerpt (1 to 2 pages) of an appraisal report including one or more of the following appraisal types damages to irrigated farmland, damages to agricultural outbuildings, crop damages, etc (Note, this item will be included in the page count ) 7 9. A statement of the consultant's willingness to enter into the Weld County Standard Contract Agreement which has been included as Part 3 of the RFP. Failure to include a statement of willingness will result in the Proposal being deemed unresponsive. Unresponsive Proposals will not be reviewed or scored. 10. Limit the total length of your proposal to a maximum of 15 pages. The County will reject proposals received that are longer than 15 pages in length. The front and back cover do not count as pages and neither do the section dividers unless the dividers have photos or text on them, then they will be included in the pages count. Weld County reserves the right to reject any and/or all proposals, to further negotiate with the successful consultant and to waive informalities and minor irregularities in proposals received, and to accept any portion of the proposal if deemed to be in the best interest of Weld County to do so. The total cost of preparation and submission shall be borne by the consultant. All information submitted in response to this request for proposal is public after the Notice of Award has been issued. The consultant should not include as part of the proposal any information which they believe to be a trade secret or other privileged or confidential data. If the consultant wishes to include such material, then the material should be supplied under separate cover and identified as confidential. Entire proposals marked confidential will not be honored. Weld County will endeavor to keep that information confidential, separate and apart from the proposal subject to the provisions of the Colorado Open Records Act or order of court. Questions related to the submittal requirements and procedures shall be directed to: Clay Kimmi, P.E. - Senior Engineer, 970-400-3741, ckimmi(a�weldgov.com and bids@weldqov.com. 8 PART 2 - QUALITY BASED SELECTION PROCESS I. Selection Criteria and Method The Weld County Purchasing Professional Services Selection process describes the consultant selection criteria and method. This document is available for review in the Weld County Code, Revenue and Finance, Chapter 5, online at www.co.weld.co.us. A selection committee shall include Weld County Public Works and Purchasing Department representatives. Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5. with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Some CDOT funded projects may require a goal for the use of an underutilized disadvantaged business enterprise (UDBE). The UDBE goal is generally 5 to 10% of the contract amount. In the proposal, please describe how an UDBE goal of 10% would be achieved. RFP Review Scoring: Evaluation Criteria Evaluation Standards Scoring Weighting Factors Score Range Scope of Proposal •The •The the goals project proposal proposed of the objectives. County. clearly methodology shows an understanding meets the desired of 1 to 5 6.0 6-30% Critical Issues • the • The understands The critical project. proposal proposal issues. the offers demonstrates major realistic issues the associated solutions team clearly to with the 1 to 5 7.0 7-35% Project Control • • • • costs that place The design The The where The team team proposal State team to costs. will appropriate. manage has be has and has controlled. demonstrated describes described Federal described the quality procedures how how a its QA/QC of the it sub ability will -consultant's product. control process to ensure are used its in 1 to 5 5.0 5-25% Work Location/Familiarity • coordination • The and • The The County team design team's team in criteria. demonstrated of familiar location the project with does with Weld knowledge the not County affect County. of policies the Weld 1 to 5 1.0 1-5% is general. UDBE Goal • The ability • The abilities goals. team to UDBE meet provided the are sub UDBE -consultants consistent documentation for with the have showing the project. proven project its 1 to 5 1.0 1-5% that goal RFP REVIEW SCORE: 20-100% 9 Interview Review (If Required) Evaluation Critena Evaluation Standards Scoring We►ghting Factors, Adjusted Scoring 4-20% Work Approach ® The team proposed and clearly described their approach for completing the project ® The team offered innovative ideas for the project , 1 to 5 4 0 Project Manager Qualifications o The team's project manager has adequate qualifications and a proven track record to complete projects of this scope and complexity ® The team's project manager demonstrated effective communication skills 1 to 5 4 0 i ° 4-20/o Quality of Presentation m The team's presentation was clear and easy to understand ® The people being interviewed skills displayed effective communications a The team's use of audio-visual aids was effective 1 to 5 4 0 ° 4-20/° Questions/Answers Session a The team provided good answers to the questions asked by the selection committee o The answers provided by the team demonstrate a clear understanding of the project and the goals 1 to 5 8 0 8-40% INTERVIEW REVIEWER SCORE 1 20-100% TOTAL RFP + INTERVIEW SCORES 40-200% Each reviewer will score the individual proposals based on the rating scale outlined above After the individual reviewers have scored each proposal, the individual proposal scores will be totaled Each reviewer's scores will be ranked by score from highest to lowest The proposal with the highest score will be ranked first place, second highest score will be ranked second place, and so on until all proposals have been ranked After all reviewer rankings have been determined, each ranking will be totaled for each proposal based on their respective rankings (1St, 2"d, 3rd etc ) from the reviewers For each reviewer, rank 1 will get 1 point, rank 2 will get 2 points, and so on The points will be totaled for each proposal The proposals will then be ranked by the aggregate score In the event the County, in its sole discretion, determines interviews are necessary, the County may invite up to the top three ranked proposals for an interview The reviewers will score the interview responses and rank them according to the process outlined above The rankings from the RFPs and the interviews will be added together to get a total aggregate score After all proposals have been scored and ranked, the first ranked proposal will be recommended for award to the Board of County Commissioners (BOCC) The BOCC retains the authority to award the contract to whichever proposers they choose regardless of the recommendation The Contract fee will be negotiated with the selected consultant prior to the contract being awarded 10 PART 3 - PROFESSIONAL SERVICES AGREEMENT (EXAMPLE) AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY AND CONSULTANT FOR ON -CALL RIGHT OF WAY ACQUISITION AND APPRAISAL SERVICES THIS AGREEMENT is made and entered into this day of , 2024, by and between the County of Weld, a body corporate and politic of the State of Colorado. by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and , [a corporation, an individual, etc.], who whose address is , hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services. and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Proposal (RFP) as set forth in B2400034. The RFP contains all the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. 2. Service or Work. Contract Professional agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project described in Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibits A and B. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. Internal Accounting Form Contract: The parties recognize the Work under this Agreement will only be provided pursuant to an appropriately executed Internal Accounting Form generated by the County. Any such Internal Accounting Form shall be signed by the Director of the Public Works Department to be effective. In no event shall the total of all individual Internal Accounting Forms exceed the amount described in Section 6 of this Agreement. Any appropriately executed Internal Accounting Form shall be automatically incorporated herein and enforceable. 11 1 3 Term The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibit A Both parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional that it wishes to renew this Contract At the option of the County, the agreement may be extended for up to two additional one-year periods beginning on January 1 and ending on December 31 of the respective year If the parties agree to renew this Contract, the parties shall negotiate and agree to increases to the fee schedule in Exhibit B Increases in the fee schedule shall not exceed the Denver -Aurora -Lakewood Consumer Price Index (CPI) for All Products which is in effect at the time of contract renewal 4 Termination County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contract Professional Either party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient, and, Contract Professional shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE " If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County, (2) the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for payment, and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work County shall be entitled to the use of all material generated pursuant to this Agreement upon termination Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described' herein properly delivered I 5 Extension or Modification Any amendments or modifications to this agreement shall be in writing signed by both parties No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services Accordingly, no claim that the County has been unjustly enriched by any additional services, whether there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder If written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment I 12 in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6 Compensation/Contract Amount Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $ , which is the cost set forth in Exhibit B Contract Professional acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the cost amount set forth in Exhibit B Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement County shall not be liable for the payment of taxes, late charges or penalties of any -nature other than the compensation stated herein If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contract Professional was improper because the service for which payment was made did not perform as set forth -in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional shall forthwith return such payment(s) to County Upon termination or expiration of this, Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County Mileage may be reimbursed if the provisions of Exhibit B allow such payment at the rate set forth in Exhibit B Contract Professional shall not be paid any other expenses unless set forth in this Agreement Payment to Contract Professional will be made only upon presentation of a proper claim by Contract Professional, itemizing services performed and, (if permitted under this Agreement), mileage expense incurred Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contract Professional in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C R S 29-1-101 et seq ) and the TABOR Amendment (Colorado Constitution, Article X, Sec 20) 7 Independent Contract Professional Contract Professional agrees that it is an independent Contract Professional and that Contract Professional's officers, agents or employees will- not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement Contract Professional shall perform its duties hereunder as an independent Contract Professional Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement Contract Professional, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contract Professional or any of its agents or employees Unemployment insurance benefits will be available to Contract Professional and its employees -and agents only if such coverage is made available by Contract Professional or a third party Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement Contract Professional shall have the following responsibilities 13 about workers' compensation and unemployment compensation insurance matters (a), provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law and provide proof thereof when requested to do so by County ' 8 Subcontractors Contract Professional acknowledges that County has entered into this Agreement in reliance upon the reputation and expertise of Contract Professional Contract Professional shall not enter into any subcontractor agreements for the completion of this project without County's prior written consent, which may be withheld in County's sole discretion County shall have the right in its reasonable discretion to approve all personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, by this Agreement, assumes toward County The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors 9 Ownership All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County Use or reuse of Contract Professional's work for any purpose other than intended by this Agreement shall be at County's sole risk and without legal liability or exposure to Contract Professional 10 Confidentiality Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL " However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C R S 24-72-201, et seq , about public records, and cannot guarantee the confidentiality of all documents Contract Professional agrees to keep confidential all of County's confidential information Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County Contract Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement 11 Warranty Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement Contract Professional further represents and warrantslthat all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications 12 Acceptance of Services Not a Waiver Upon completion of the work, Contract Professional shall submit to County originals of all test results, reports, etc , generated during completion of this work Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional of responsibility for the quality and accuracy of the project In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contract Professional, and County's action or inaction when any such breach or default shall exist shall not impair 'or prejudice any right or remedy available to County with respect to such breach or default No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be 14 deemed or taken to be a waiver of any other breach Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally 13 Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request Contract Professionals shall always keep the required insurance coverage in force during the term of the Agreement, or any extension thereof, and during any warranty period The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A M Best Company as "A -VIII" or better Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County by certified mail, return receipt requested Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional Contract Professional shall be responsible for the payment of any deductible or self -insured retention County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional ' The County in no way warrants that the minimum limits contained herein are enough to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement Any modification to these requirements must be made in writing by Weld County The Contract Professional stipulates that it has met the insurance requirements identified herein The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies INDEMNITY The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures, or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree This paragraph shall survive expiration or termination hereof It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work 15 performed by the Contract Professional for the County A failure to comply with this provision shall result in County's right to immediately terminate this Agreement Types of Insurance. The -Contract Professional shall,obtain, and always maintain during the term of any Agreement, insurance in the following kinds and amounts Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all the Contract Professional's employees acting within the course and scope of their employment Policy shall contain a waiver of subrogation against the County This requirement shall not apply when a Contract Professional or subcontractor' is exempt under Colorado Workers' Compensation Act , AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract $1,000,000 each occurrence, $1,000,000 general aggregate, $1,000,000 Personal Advertising injury Automobile Liability Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage` applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, I hired, and non - owned vehicles used in the performance of this Contract Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal Proof of Insurance County reserves the right to require the Contract Professional to provide a certificate, of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in their sole discretion Additional Insureds For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name Weld County, Colorado, its elected officials, and its employees as an additional insured parties Waiver of Subrogation For all coverages, Contract Professional's insurer shall waive subrogation rights against County Subcontractors All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contract Professional Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County 14 Non -Assignment Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County Any attempts by Contract Professional to assign or transfer its rights hereunder without such prior approval by County shall, at the 16 option of County, automatically terminate this Agreement and all rights of Contract Professional hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contract Professional agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contract Professional, involving all matters and/or transactions related to this Agreement. The Contract Professional agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of their authority, 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. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or their designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract: or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party: or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contract Professional: Attn.: Address: Address: E-mail: P hone: Phone: County: N ame: Clay Kimmi, P.E. Position: Senior Engineer Address: 1111 H Street Address: Greeley, CO 80632 E-mail: ckimmi(a�weldgov.com P hone: 970-400-3741 Don Dunker, P.E. County Engineer 1111 H Street Greeley, CO 80632 ddunkerweldqov.com 970-400-3749 17 18 Compliance with Law Contract Professional shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices 19 Non -Exclusive Agreement This Agreement is nonexclusive, and County may engage or use other Contract Professionals or persons to perform services of the same or similar nature I 20 Entire Agreement/Modifications This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement This Agreement may be changed or supplemented only by a written instrument signed by both parties 21 Fund Availability Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise) made available Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year 22 Employee Financial Interest/Conflict of Interest — C R S §§24-18-201 et seq and §24-50-507 The signatories to this Agreement aver that to their knowledge, no employee of Weld! County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests During the term of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either bylrule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional 23 Severability If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties 24 Governmental Immunity No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq , as applicable now or hereafter amended 1 25 No Third -Party Beneficiary It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only I 26 Board of County Commissioners of Weld County Approval This Agreement hall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee 18 27 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute 28 Public Contracts for Services C.R S §8-17 5-101 Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract Contract Professional will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C R S §8-17 5-102(5)(c) Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement Contract Professional shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C RS §8-17 5-102(5), by the Colorado Department of Labor and Employment If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring anew employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program If Contract Professional fails to comply with any requirement of this provision or of C R S §8-17 5-101 et seq , County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages Except where exempted by federal law and except as provided in C R S § 24-76 5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C R S § 24-76 5-103(4), if such individual applies for public benefits provided under the contract If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C R S § 24-76 5- 101, et seq , and (c) shall produce one of the forms of identification required by C R S § 24-76 5-103 prior to the effective date of the contract 29 Compliance with Davis -Bacon Wage Rates N/A 30 Attorney Fees/Legal Costs In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf 31 Binding Arbitration Prohibited Weld County does not agree to binding arbitration by any extra- judicial body or person Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void 19 Acknowledgment County and Contract Professional acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 2024 CONTRACT PROFESSIONAL By Date Name Title WELD COUNTY ATTEST Weld County Clerk to the Board BY BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Kevin D Ross, Chairperson 21 February 8, 2024 Bid Request No B2400034 On -call ROW Acquisition, Relocation, and Appraisal Services Contract ADDENDUM NUMBER ONE The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT A Consultant Questions and Responses B Mandatory Pre -Proposal Meeting Minutes C Pre -Proposal Attendance Sheet D County Consultant Expectations E Revised Sample Professional Services Agreement , F Receipt of Addenda All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged BIDDER must acknowledge receipt of this addendum in the space provided in the BID Failure to acknowledge receipt of an Addendum result in the BID not being reviewed or scored A CONSULTANT QUESTIONS AND RESPONSES Question 1 Will the Consultant be given the ROW plans and legal descriptions or will the Consultant's surveyor need to prepare ROW plans and legal descriptions'? Answer 1 For the first year of this contract, the County will provide the Consultant with the ROW drawings and legal descriptions needed to acquire the easements and ROW For the contract renewals, the County may decide to have the Consultant's surveyor help draft the ROW plans and/or legal descriptions Question 2 Has any relocation process been initiated for the one property that was identified as needing relocation'? Answer 2 No, the County has not started any relocation process Question 3 Should the consultant identify a title company that will be used to update title commitments in the RFP response'? Answer 3 Yes, the Consultant should identify a title company that will be used to update title commitments The County will provide the initial title commitments but they will likely be outdated by the time the ROW process is initiated Therefore, the Consultant will be responsible for providing the updated title commitments Question 4 In item 4, Submittal Requirements, there is reference to a table shown below but there is no table in this section What table is this statement referring to'? Answer 4 The table that is referred to in the Submittal Requirements is shown in Part 2 of the RFP (page 9) The RFP response should be laid out with the categories shown in the Evaluation Criteria column Question 5 What are the timing requirements for the parcels to be obtained in 20242 Answer 5 It will be necessary to complete the ROW acquisitions for the CR 54 and CR 13 Roundabout project in 2024 because utilities have to start moving in 2025 and the project will go to construction in 2026 Also, if we need to acquire ROW for the CR 29 project between Highway 392 and CR 74, that ROW will need to start in 2024 and be wrapped up by early 2025 so the County can start construction on the project in the late spring of 2025 Question 6 Can changes be made to the Sample Professional Services Agreement? Answer 6 The County will consider changes to the Sample Professional Services Agreement provided all changes are reviewed prior to the RFP response deadline Please bear in mind that the County is under no obligation to acceptor approve of any requested changes Do not return the Sample Professional Services Agreement with your proposal as it will be counted in the 15 page limit If your proposal goes over 15 pages, it will not be reviewed or scored Prepared By Clay Kimmi, P E Senior Engineer B. B2400034 On -Call ROW Acquisition and Appraisal Services RFP Mandatory Pre -Bid Meeting Minutes February 8, 2024 1. Sign -in Sheet Consultants in attendance at the pre -bid meeting must sign -in on the attendance sheet that is going around. If someone from your team is not on the attendance sheet, a proposal will not be accepted. 2. Project Description/Location a. The project in general consists of assisting the County in the acquisition of ROW, permanent easements, temporary construction easements, survey staking, and appraisal services. b. It is expected the projects will include ROW acquisition on approximately 20 properties, the acquisition of approximately 36 permanent easements, and the acquisition of approximately 24 temporary construction easements. There will be at least 1 property and possibly more that will require relocation services. c. The Consultant shall have a ROW agent(s) that are certified by CDOT to perform acquisition and relocation service, a CDOT certified appraiser(s), and a registered professional land surveyor licensed in the State of Colorado. The above team may be assembled from the Consultant's in-house staff or sub -consultants. If the Consultant will be using sub -consultants, those sub -consultants shall be included in the RFP response. d. Project anticipated for the 2024 contract period include but are not limited to: i. CR 54 and CR 13 Roundabout Project ii. CR 2.5 and CR 29 Intersection and Roadway Project iii. CR 66 between Highway 85 and CR 47 Corridor Project iv. CR 74 and CR 31 Roundabout Project v. CR 29 between Hwy 392 and CR 74 3. Project Requirements a. The selection for the Consultant will be based on the County's Qualification Based Selection (QBS) Process outlined in Chapter 5, Section 5-4-150(B) of the Weld County Code. b. Price will be negotiated after the County has selected a consultant but before the contract is awarded. c. There is federal money in this project, so the consultant will have to follow the Uniform Act. d. The RFP outlines all of the expectations for the consultant and their team. e. Note: there is surveying work to be done and the County will not be using our surveyors to complete this work. The ROW, permanent easements, and temporary construction easements shall be staked by the Consultant's surveyor. f. Condemnations are not expected but if there are properties that end up in condemnation, the consultant and applicable subconsultants shall assist with the proceedings at an hourly rate outlined in the cost table. g. Proposers shall outline in their proposals how they plan to coordinate and meet with Weld County and the affected property owners. 4. Proposal Requirements a. All proposals must be submitted via email or BidNet Direct. If the proposal PDF is smaller than 25 MB, it shall be emailed to bidscweldgov.com. If the proposal is larger than 25 MB, contact the County's project manager to arrange for an alternate delivery method. b. See the RFP document for items to be included in the proposal. c. Proposal limited to 15 pages d. Resumes and sample appraisal sheets count towards the page limit. e. Must state willingness to sign the Weld County Professional Services Agreement (sample provided on pages 11-20 of the RFP). Note that all changes to the Professional Services Agreement must be reviewed and approved by Weld County prior to the submittal of the RFP. After the proposals are submitted, Weld County will not make changes to the agreement. f. Note the insurance requirements for the job (pages 15 and 16 of RFP) g. Make sure to spell check and proofread your proposal multiple times. Remember, these proposals are representations of your team's professionalism. Selection Process a. Using the QBS process. b. The scoring criteria has been outlined on pages 9 and 10 of the RFP document 6. Anticipated Project Milestones Date a. Pre -proposal Meeting (mandatory) February 8, 2024 (10:00 A.M.) b. Deadline for Questions February 12. 2024 (7:00 A.M.) c. Deadline for Posting Final Addendum February 13, 2024 (5:00 P.M.) d. Proposals Due at Purchasing February 16, 2024 (10:00 A.M.) e. Interviews Conducted (As Needed) February 29, 2024 f. Contract Awarded (Anticipated Date) March 6, 2024 g. Notice to Proceed (Anticipated Date) March 18, 2024 h. Monthly progress meetings for each task order will be held at Public Works — Consultant to provide agenda and meeting minutes. 7. Questions? a. All questions after the Pre -Bid meeting must be submitted in writing to Clay Kimmi at ckimmi(a�weldgov.com and the Purchasing Department at bidsweldqov.com. b. Deadline for asking questions is 7 a.m., February 12, 2024 c. Final Addendum will be posted by 5 p.m., February 13, 2024 C. Mandatory Pre -Bid Sign -in Sheet Name Company Phone Number E-mail Clay Kimmi Weld County Public Works 970-400-3741 ckimmi@weldgov.com Cinde Wright Weld County Public Works 970-400-3739 cwright@weldgov.com Erich Green Weld County Public Works 970-400-3742 green@weldgov.com Horrocks Engineers 720-280-6926 tim.sellers@horrocks.com Tim Sellers Courtney Wallace Horrocks Engineers 970-999-4165 courtney.wallace@horrocks.com Justina Thompson Transportation Resource Services 720-877-6980 justina.thompson@trscorp.us John Doty Western States Land Services 970-667-7602 jdoty@ws-ls.net Mitch Hauff Western States Land Services 970-667-7602 mhauff@ws-ls.net Jeff Hanna Atkins Realis 720-475-7058 jeffery.hanna@atkinsrealis.com Don Dunker Weld County Public Works 970-400-3748 ddunker@weldgov.com Curtis Hall Weld County Public Works 970-400-3721 chall@weldgov.com D Weld County Consultant Expectations 1 You are now a critical part of our staff We are depending on you 2 We need you to be available and responsive at all times 3 We expect you to stay on schedule and if possible complete the project ahead of the schedule 4 Communication with us is of utmost importance You are not being hired to figure out in a vacuum what we want or need Ask questions if there is anything that is not clear We will all be better off and this approach will save us both time and money We expect to have input at every step of the process 5 We are not looking for "Yes-men" You have been hired to do the very best you can and give us the best input you can It is OK to disagree with us We expect you to TELL us if you do Together we will figure out the best solution 6 We will do all we can to make your job easier (not necessarily easy) and we expect you to do the same for us 7 "Because that is the way we always do it" is always the wrong answer It is paramount that we think outside the box for solutions 8 We expect QUALITY WORK all the time 9 We expect fiscal management from our consultants This can be accomplished in part by using the right people at the right time 10 Surprises are not a good thing, please keep us "in the loop" at all times 11 We expect QA/QC to be DONE in your office, not ours All work products shall be reviewed by your staff prior to submittal to us for review 12 Communicate Communicate Communicate! You cannot bother us We will be intimately involved in projects - probably more than other owners you work with 13 We like to have fun at our jobs, and we want you to have fun working for us too! E. Revised Sample Professional Services Agreement AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY AND CONSULTANT FOR ON -CALL RIGHT OF WAY ACQUISITION AND APPRAISAL SERVICES THIS AGREEMENT is made and entered into this day of . 2024, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and , [a corporation, an individual, etc] who whose address is hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below: and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS. Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Proposal (RFP) as set forth in B2400034. The RFP contains all the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. 2. Service or Work. Contract Professional agrees to procure the materials. equipment and/ or products necessary for the project and agrees to diligently provide all services. labor, personnel and materials necessary to perform and complete the project described in Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibits A and B. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. Internal Accounting Form Contract: The parties recognize the Work under this Agreement will only be provided pursuant to an appropriately executed Internal Accounting Form generated by the County. Any such Internal Accounting Form shall be signed by the Director of the Public Works Department to be effective. In no event shall the total of all individual Internal Accounting Forms exceed the amount described in Section 6 of this Agreement Any appropriately executed Internal Accounting Form shall be automatically incorporated herein and enforceable 3 Term The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibit A Both parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional that it wishes to renew this Contract If the parties wish to renew this Contract, the parties shall negotiate and agree to increases to the fee schedule in Exhibit B Increases in the fee schedule shall not exceed the Denver -Aurora - Lakewood Consumer Price Index (CPI) for All Products which is in effect at the time of contract renewal 4 Termination County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contract Professional Either party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient, and, Contract Professional shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE " If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County, (2) the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for payment, and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work County shall be entitled to the use of all material generated pursuant to this Agreement upon termination Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered 5 Extension or Modification Any amendments or modifications to this agreement shall be in writing signed by both parties No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services Accordingly, no claim that the County has been unjustly enriched by any additional services, whether there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder If written authorization and acknowledgment by the County for such addit onal services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6 Compensation/Contract Amount Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $ , which is the cost set forth in Exhibit B Contract Professional acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the cost amount set forth in Exhibit B Contract Professional acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contract Professional was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional shall forthwith return such payment(s) to County Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County I Mileage may be reimbursed if the provisions of Exhibit B allow such payment at the rate set forth in Exhibit B Contract Professional shall not be paid any other expenses unless set' forth in this Agreement Payment to Contract Professional will be made only upon presentation of a proper claim by Contract Professional, itemizing services performed and, (if permitted under this Agreement), mileage expense incurred Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contract Professional in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C R S 29- 1-101 et seq ) and the TABOR Amendment (Colorado Constitution, Article X, Sec 20) 7 Independent Contract Professional Contract Professional agrees that it is an independent Contract Professional and that Contract Professional's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement Contract Professional shall perform its duties hereunder as an independent Contract Professional Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement Contract Professional, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contract Professional or any of its agents or employees Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement Contract Professional shall have the following responsibilities about workers' compensation and unemployment compensation insurance matters (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law and provide proof thereof when requested to do so by County 8 Subcontractors Contract Professional acknowledges that County has entered into this Agreement in reliance upon the reputation and expertise of Contract Professional Contract Professional shall not enter into any subcontractor agreements for the completion of this protect without County's prior written consent, which may be withheld in County's sole discretion County shall have the right in its reasonable discretion to approve all personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County, has an objection, in its reasonable discretion, shall be assigned to the project Contract Professional shall require each subcontractor, as approved by County and to,the extent of the Services to be performed by the subcontractor, to be bound to Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, by this Agreement, assumes toward County The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors 9 Ownership. All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as'applicable), the property of County In addition,' -all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County Use or reuse of Contract Professional's work for any purpose other than intended by this Agreement shall be at County's sole risk and without legal liability or exposure to Contract Professional 10 Confidentiality Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL " However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C R S 24-72-201, et seq , about public records, and cannot guarantee the confidentiality of all documents Contract Professional agrees to keep confidential all of County's confidential information Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County Contract Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement 11 Warranty Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement Contract Professional further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications 12 Acceptance of Services Not a Waiver Upon completion of the work, Contract Professional shall submit to County originals of all test results, reports, etc , generated during completion of this work Acceptance by County of reports and incidental matenal(s) furnished under this Agreement shall not in any way relieve Contract Professional of responsibility for the quality and accuracy of the project In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contract Professional, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default No assent expressed or implied, to any breach of any; one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally 13 Insurance and Indemnification Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request Contract Professionals shall always keep the required insurance coverage in force during the term of the Agreeiment, or any extension thereof, and during any warranty period The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A M Best Company as "A -VIII" or better Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County by certified mail, return receipt requested Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional Contract Professional shall be responsible for the payment of any deductible or self -insured retention County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention ,to guarantee payment of claims The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional The County in no way warrants that the minimum limits contained herein are enough to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement Any modification to these requirements must be made in writing by Weld County The Contract Professional stipulates that it has met the insurance requirements identified herein The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies , INDEMNITY' The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, -from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree The Contract Professional shall be fully responsible and liable for any and all injuries or `damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures, or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree This paragraph shall survive expiration or termination hereof It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies In consideration of the award of this contract, the Contract_Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County A failure to comply with this provision shall result in County's right to immediately terminate this Agreement Types of Insurance The Contract Professional shall obtain, and always maintain during the term of any Agreement, insurance in the following kinds and amounts - Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all the Contract Professional's employees acting within the course and scope of their employment Policy shall contain a waiver of subrogation against the County This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act , AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract $1,000,000 each occurrence, $1,000,000 general aggregate, $1,000,000 Personal Advertising injury Automobile Liability, Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for, each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same - may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal I Proof of Insurance County reserves the right to require the Contract Professional (Ito provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in their sole discretion i Additional Insureds For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name Weld County, Colorado, its elected officials, and its employees as an additional insured parties Waiver of Subrogation For all coverages, Contract Professional's insurer shall waive; subrogation rights against County Subcontractors All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contract Professional Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies orlshall ensure that all subcontractors maintain the required coverages Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County 14 Non -Assignment Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County Any attempts by Contract Professional to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contract Professional hereunder Such consent may be granted or denied at the sole and absolute discretion of County I 15 Examination of Records To the extent required by law, the Contract Professional agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contract Professional, involving all matters and/or transactions related to this Agreement The Contract Professional agrees to maintain these documents for three years from the date of the last payment received i 16 Interruptions Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions I 17. Notices County may designate, prior to commencement of work, its project representative ("County Representative) who shall make, within the scope of their authority, 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 The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or their designee All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances j 1 (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contract Professional: Attn.: Address: Address: E-mail: Phone: Phone: County: Name: Clay Kimmi, P.E. Position: Senior Engineer Address: 1111 H Street Address: Greeley, CO 80632 E-mail: ckimmiweldqov.com Phone: 970-400-3741 Don Dunker, P.E. County Engineer 1111 H Street Greeley, CO 80632 ddunkerweldgov.com 970-400-3749 18. Compliance with Law. Contract Professional shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contract Professionals or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations. representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest- C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which s the subject matter of this Agreement County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance) of Contract Professional's services and Contract Professional shall not employ any person having such known interests During the term of this Agreement, Contract Professional shall not engage) in any in any business or personal activities or practices or maintain any relationships which conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional 23 Severability If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties 24 Governmental Immunity No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq , as applicable now or hereafter amended 25 No Third -Party Beneficiary It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only 26 Board of County Commissioners of Weld County Approval This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee 27 Choice of Law/Jurisdiction Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute 28 Public Contracts for Services C R S §8-17 5-101 Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract Contract Professional will confirm the employment eligibility of a I employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C R S §8-17 5-102(5)(c) Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement Contract Professional shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or -contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with, the illegal alien within three (3) days of receiving notice Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C R S §8- 17 5-102(5), by the Colorado Department of Labor and Employment If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program If Contract Professional fails to comply with any requirement of this provision or of C R S §8-17 5-101 et seq , County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages Except where exempted by federal law and except as provided in C R S § 24-76 5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C R S § 24-76 5-103(4), if such individual applies for public benefits provided under the contract If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms'of identification required by C R S § 24-76 5-101, et seq , and (c) shall produce one of the forms of identification required by C R S § 24-76 5-103 prior to the effective date of the contract 29 Compliance with Davis -Bacon Wage Rates N/A 30 Attorney Fees/Legal Costs. In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf 31 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void [CONTINUED ON NEXT PAGE] Acknowledgment County and Contract Professional acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement IN WITNESS WHEREOF, the parties hereto have signed this Agreement this i day of , 2024 CONTRACT PROFESSIONAL By Date Name Title WELD COUNTY ATTEST Weld County Clerk to the Board BY BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Kevin D Ross, Chairperson F RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents Addendum No Date By Addendum No Date By Addendum No Date By FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL A signed copy of the Receipt of Addenda must be included with RFP It will not be included in the total page count Failure to include the Receipt of Addenda will result in the proposal not being reviewed or scored by the County. EXHIBIT B REQUEST FOR PROPOSALS: #B2400034 Right of WayOn Call Acquisition and Appraisa Services i Western States Land Services, LLC Presented By: John Doty 505 N Denver Ave. Loveland CO 80537 Phone: (970) 667-7602 ,‘0,aWestern States Land Services, LLC Acquisition and Relocation Specialists 505 North Denver Avenue Loveland, CO 80537 (970) 667-7602 Metro: (303) 938-1414 Wslsrow.com February 16, 2024 Weld County 1301 North 17th Avenue Greeley, CO 80631 Re: Request For Proposals — #B2400034 Right of Way On -Call Acquisition and Appraisal Services Dear Selection Committee: We would like to thank you for the opportunity to provide this Proposal for Right of Way On -Call Acquisition and Appraisal Services in response to RFP #B2400034. Our company was established in 1981 as a Right of Way acquisition consulting firm to serve all of Colorado and several surrounding states. We specialize in public improvement projects and have helped local public agencies all over the state acquire the property interests necessary for each of their important projects. Our company and agents are pre -qualified by CDOT to assist with federally funded acquisition and relocation projects. Our proposal will outline our team and our experience working on various right-of-way acquisition projects and with similar on -call contracts. We are very familiar with Weld County policies, procedures, and expectations through our previous work with the County and other agencies in the community. The information we have provided will help demonstrate our abilities and our desire to work with Weld County on future projects. For any inquiries regarding our proposal, please contact: John Doty, Principal 505 N. Denver Avenue Loveland, CO 80537 (970) 667-7602 — Phone jdoty@ws-ls.net — Email Western States will be happy to enter into the Weld County Standard Contract Agreement with no proposed changes. We are a small business, and we will meet the County's DBE goal for this contract. We have also included HCL Survey and Mapping as a subcontractor, they are certified MBE, DBE, SBE and ESB. I hereby certify that all of the information contained in this proposal is true and correct to the best of my knowledge. We thank you again for the opportunity to submit this response and look forward to hearing from you soon. Sincerely, WESTERN STATES LAND SERVICES, LLC ≤hn L. Doty Principal aeaWesternStates Land Services, LLC Firm Background General: Right of Way Acquisition, Permitting and Relocation Consulting Established: 1981 (43 years in business) Size of Firm: 13 Employees — 11 agents, 2 administrative support staff Location: Our main office is in Loveland, our agents are based in Northern Colorado with several of us residing in Weld County. CDOT Prequalification Status: Prequalified by CDOT for acquisition and relocation Registered with SAM.GOV Western States is a small business and HCL is a certified DBE Western States Land Services is based in Loveland, Colorado and has provided Right of Way Acquisition Services for more than 43 years. Our agents have more than 100 years of combined acquisition experience while working for our company. We are partnering with appraisers Jon Vaughan of CBRE and Andre Suissa with Titan Commercial Valuation. Our surveyors will be King Surveyors and HCL. We propose utilizing local title companies such as Land Title, Fidelity, First American, Stewart Title, etc. And will solicit their availability and cost prior to each project. Services Provided Acquisition of Real Property (fee, e asements, leases, licenses, etc.) Relocation (residential, commercial and personal property pursuant to the URA) Site Acquisitions (water tanks, substations, public facilities, etc.) Right of Way Feasibility Studies, including route analysis, cost estimating, etc. Permitting across third -party facilities including; railroads. Ditch companies, u tilities, etc. Recorded Exemptions Preparation of acquisition documents Real estate title examination ranging from Assessor's research to complete title examination Lien releases, consents, coordination with title companies Land valuation studies and reports (waiver valuations) Public notification, outreach Construction and restoration access coordination Post construction damage settlements Crop damage settlements Testimony in court as to good faith n egotiations Right of Way project management Right of Way planning and problem solving We can Customize our services based on Weld County's needs. Our experience, knowledge and availability make us capable. Our standards for being responsive, proactive, flexible and our people are what make us exceptional. On-Call/As-Needed Experience Western States currently has more than 15 active, on -call contracts with agencies throughout the state. These contracts are with various Cities, Counties and Utility companies. Some local examples are the City of Greeley, Larimer County, City of Loveland, Windsor, Mead, Fort Collins, and Longmont to name a few. Our local independent utility clients include Xcel Energy, PVREA, LTWD, NWCWD, ELCO, Boxelder Sanitation, Tri-State and several others. We also have an MSA with CDOT. Our longest standing on -call contract dates back almost 40 years and spans more than 130 individual projects. Scopes for each contract vary and e ach client has certain preferences that require u s to be flexible. On -Call Does Mean.... Establish Effective Communication Commitment to availability Strong Relationships Consistency and Reliability Quality Work/Assurance Efficiency and Accelerated Service On -Call Does Not Mean.... Guaranteed Work Lower Your Standards Becoming Complacent Relaxed Schedules Open Checkbook Page 1 of 15 Q ualifica lions As stated in our cover letter, our team is very familiar with Weld County policies and procedures, having worked with the County on many similar projects in the past. We have also worked with other clients on various projects throughout the County which has helped us accumulate an extensive knowledge base, understanding and appreciation of the overall Weld County landscape. The core of our team is based in northern Colorado with John Doty, Mitch Hauff, Jon Vaughan, and Chad Dilka all residing in Weld County. With our combined years of working and living in Weld County we are very familiar with prominent stakeholders and landowners. We maintain databases of information that include various land types, land values, existing utilities, survey data, development proposals and even acquisition information from previous projects. Several of the projects the County has planned under this contract overlap projects that we have worked on in the past and our familiarity with the affected landowners and previous negotiations will be a major asset to the County. For example, we have previously worked on several projects at the intersection of CR 54 and CR 13, where the County has plans to install a roundabout. This intersection is well known to Western States, as are the landowners. We have acquired easements for several projects in this vicinity, including some of the utilities that will be impacted by the project. We have successfully negotiated easements with each of the affected landowners in recent years and are currently working with each of them on projects at other locations as well. 4, Later in our proposal we will provide more sample project experience but we wanted to highlight a couple significant Weld County projects that we have completed. WCR 49 Corridor Project WCR 68/59 Bridge Replacement WCR 74 and SH 392 Intersection WCR 23 and SH 392 This project straddles the County line and will require some coordination with Larimer County. We are Larimer County's on -call ROW team and will be able to facilitate any coordination efforts seamlessly between the two counties. We work for Public Service Company of Colorado (Xcel) daily and will be able to help work through any impacts to their property and/or facilities in the intersection. We are currently supporting an Xcel project that will require some additional natural gas infrastructure in that intersection, permitting through the County is happening now. West of this intersection, we just finished acquiring ROW to accommodate intersection improvements at LCR 18 and LCR 3E. East of this intersection we worked with Weld County on the WCR 54 Bridge Project and helped Thornton acquire easements for the Thornton Water Project. WCR 54-13A Bridge Replacement WCR 26/25A Bridge Replacement WCR 22 and WCR 49 Improvements WCR 13 and SH 52 Intersection WCR 44/33A Bridge Replacement CR 47 and SH 392 Intersection WCR 44 and WCR 49 Intersection WCR 40.5 and WCR 5 Improvements These are just a few of the projects we have completed in previous years. We have several we are currently working on with Weld County and at least one we expect to start on soon. We have a longstanding history of working with Weld County. WCR 49 Project Page 2 of 15 Relocation Western States has the qualifications and capability to perform relocation pursuant to the Uniform Act, in-house, with local agents. Our proximity to the project area is very beneficial since residential relocation requires in person meetings with the affected parties. Being able to do the acquisition and relocation from the same office will allow us to be more efficient and timelier with our coordination. We are currently wrapping up two residential relocations for the City of Fort Collins, so we have very recent experience with the local market, CDOT staff, and potential challenges that come with residential relocation. John also recently completed a complex residential tenant relocation for the Colorado Parks and Wildlife in Loma, Colorado. We worked with CDOT, FHWA and the LCWF to complete the relocation. Ultimately, we were able to assist two individuals with disabilities with the purchase of a new home by converting their rent differential into down payment assistance. Before they could occupy the home, we had to coordinate an extensive remodel through a local specialty contractor to make the home ADA compliant. The new homeowners were very happy to be able to move this past fall. ADA Remodel of the home in Loma, CO Appraisal Jon Vaughan and Andre Suissa will fulfill the appraisal responsibilities for this contract, and both have more than enough experience and qualifications. We wanted to have two appraisers to ensure that we can handle any volume of work and to also have a review appraiser as a part of our team. Jon has testified in court numerous times, including Weld County District Court. We have worked with Jon on projects in Weld County for at least 15 years. Andre also has experience providing testimony in court and has worked on several projects with Western States in Weld County recently. Survey King Surveyors is based in Windsor and has provided various PLS services on countless projects throughout Weld County. Being locally based will be beneficial when it comes time to complete staking or gather field data. They can prepare legal descriptions under the supervision of a PLS, creating plans, exhibits and even ROW plans if necessary. We are also partnering with HCL to provide additional survey support. HCL has years of experience and expertise to help our team. Having multiple survey crews available will enable us to confidently meet any schedule challenges that may arise. Title We understand the County will generally provide initial title work and we will be responsible for managing updates. In those instances, we will work with whichever title company the County has selected. In the event we are asked to order the initial title reports, we wanted to keep our options as open as possible. Real estate market fluctuations can really affect the availability and the work product of title companies. We maintain constant communication with title companies to understand which ones are available, to meet our timelines and to find the best cost alternatives. We will make our title company recommendations to the County for each project. Page 3 of 15 Western States Land Services, LLC John Doty — Principal / Project Manager - 19 Years ROW Experience with WSLS - CDOT Qualified Acquisition Agent - CDOT Qualified Relocation Agent Education: Mesa State College 2001-2005 Business Administration John specializes in complex right of way acquisitions, project mgmt., and relocation. He has acquired millions of dollars in ROW for transportation and utility projects. He has worked for CDOT and Local Public Agencies on federally funded projects for more than 19 years and has relocated more than 50 displacees in accordance with the URA. John has provided expert witness testimony in court as to good faith negotiations numerous times, several of which were in Weld County. Western States Land Services, LLC Mitch Hauff — Managing Member / Project Manager Experience: - 10 Years ROW Experience with WSLS - February 2014 - Present - CDOT Qualified Acquisition Agent - Notary Public TITAN VALUATION Andres Suissa, MAI Principal and Founder of Titan Valuation - 16+ years of appraisal experience - 6+ years eminent domain experience - CDOT Qualified Appraiser Education: Colorado College 2003-2007 Bachelor of Arts Ongoing Appraisal Institute Courses Andre has a diverse background having excelled as a real estate broker, developer, founder of FuseGIS Software startup, tax consultant and several other professions. He became the youngest individual in Texas to obtain his general certified appraiser's license. Since then he has prepared eminent domain appraisals for CDOT and LPA's for the past 6+ yrs. Andre has testified in court to defend his eminent domain appraisal opinions and has worked with Western States on several appraisal assignments in Weld County. ,w Jon Vaughan, MAI - 15+ years of appraisal experience - CDOT Qualified Appraiser - CDOT Qualified Review Appraiser Education: Colorado State University Bachelor of Science; Business Administration Education: Colorado State University 2010 - 2014 - Bachelor of Science Corporate and Investment Finance with Economics Minor - Dedicated and experienced CDOT certified right of way acquisition agent who excels in providing high quality customer service to all. Able to meet deadlines and has completed 100+ projects anywhere from transportation to natural gas transmission, electrical substations, water lines and trails. - Mitch has participated in 3 separate IP hearings to provide testimony as to good faith negotiations Jon began his career working with West Foster of Foster Valuation based in Greeley. He has an expansive appraisal background which includes agricultural, farm and ranch property among others. Jon has worked with Western States on Countless projects all over northern Colorado and many in Weld County. He has valuable experience preparing basic data reports on large scale projects. He has provided expert witness testimony in court to defend his appraisal opinion on numerous occasions, including Weld County District Court. Page 4 of 15 Similar Appraisal Contracts \ aloe and CoinpensanoIi ( Otic Liston, Western projects examples SUBJECT States and of similar AERIAL have has developed WITH partnered appraisal ACQUISITION strong contracts with Jon working Vaughan we OVERLAY have relationships. accomplished and Andre Suissa Below with on numerous are several each: Larger Parcel Value Before Take Total Value Land/Site Value 51.673.582 Impro-..Pments Contributory Value SO Total Larger Parcel Value Before Take (lamd+affected Inmproe-efnetttSi SI 673.582 Value of Part Taken Land/Site Takings - _ - --_.-! - - W�. _... �. - - -* .-J - a I _- ` ,w '.- •� - - - w - �•�w, _�!- . r .- - : - �� - • �... :_.� `-r. --rte s- Parcel No. .--kiea SE $ Van Value Value Total Value a. S17.00 5238 Total Land Site Value of ?an Taken S238 .4_e •i { - - --drag - Easement Takings Parcel No Area Acres_ S Unit Value % of Fee Value Total Value None SO ` .:w _ j __ -.._ __- ___ __ .____ __ !�} '_- Total Easement Value of ?art Taken SO Owner Improvement Taktnas (Contributory Value) Description of Improvements Contributory•. �.btuldinas. strucntres. etc ) Value Total Value None SO Total Owner Improvements ements Contributory Value of Par Taken SO •^ ;- Toil Value of Part Taker._' { - _ -�• } .+s - \ _ 1 �. _. - w - Rental Value of Temporary Easement — -- -- ,�__ _ r - . _. Jon Vaughan • • • • • • • Weld City City City CDOT Larimer City of of of County — Greeley Fort Fort I-25 Loveland County Collins Collins Express — WCR — — — Terry South — — Madison 54 College North Lanes Ranch Bridge Taft Project College Avenue & Hill Water Trilby Replacement Improvements Pedestrian Improvements Pipeline Intersection Bridge Parce:No Ares Unit Value Rate .°o) Term(Yts.) Value ETA 3.171 SF S17.00/SF 5.25°'• 2 SS_66d 7E- B 483 SF $17.00/SF 5.25°r. 2 5866 Total Rental Value of Temporary Easement 56.';6 Andre Suissa • Town Erie — County Line Road Improvements Project • • City City of and of Littleton County — of County Broomfield Line Road — Industrial Improvements Lane Bike Improvements of Critical Issues Based on our understanding of the information that has been provided to us, here is a list of critical issues that we believe could impact the County's ability to meet construction schedules: Design Revisions: to This acquisition is solicit always feedback schedule a schedule on and design. buster if cause major design delays. must To be revised prevent design during revisions, the acquisition we recommend phase. Revisions early can completely engagement with reset landowners the Relocation of Utilities: Transportation planning and not at the coordinating be constructed intersection phase projects because relocation of yet. CR typically some Oil 54 of and and utility existing gas CR run improvements 13 into projects that utilities utility the conflicts. may is County a be little are in very should It's planning easier common, not but be always phases aware it's also and easy of. in important we to parallel anticipate identify with to all research some the potential transportation new upcoming Xcel utility Energy conflicts project. projects improvements during that may the Identifying Page 5 of 15 Appraisals: Appraisals impact sales data appraisal take will help time reports. minimize to complete Early the engagement, and possibility can add of months proper schedule communication to delays. the acquisition and timeline. using appraisers It's important that already to avoid have changes a database that will of local Prolonged Negotiations: It owners settle owner is important with. we is think not By going to overcommunicating communicate will to be difficult work with with turn us, we we landowners out can might to identify be work more early potential towards agreeable and often issues a while final to offer gauge more those quickly much their we likelihood expected quicker. and avoid to of large accepting accept gaps an an offer in offer. time. take If Sometimes more we find time that the to an Relocation: On the residential completing way. as federally a plans part When of with displacements, inventory possible, the funded the project County projects, forms we versus relocation it relocation. advise is determining we also begin the can important negotiations County When add ownership a relocation to to lot of keep work to time of identify an improvements around is eye necessary, and out cost any for personal to potential we personal the or property want overall property relocation. to property schedule. within get located started There moves. temporary It's within early imperative are These so the obvious easements it can proposed doesn't that be commercial identified we right or create address review of delays. or by it would before but and Meeting the Schedule We understand the ROW, Relocation, Appraisal and Survey on -call contract will be awarded on March 6, 2024, with an anticipated notice to proceed on March 18, 2024. We are aware the highest priority project is the ROW acquisitions and relocation for the roundabout project at CR 54 and CR 13 and the County would like to have the ROW acquired by the end of 2024. To meet that schedule, we would hope to have approved ROW plans in April or May at the latest. We will review the preliminary plans that are available after notice to proceed to set up our internal files and documents and to coordinate appraisal and staking timeframes. With NOI letters going out in May or early June, we could complete appraisals by August, have offer letters out in August and final offers out by mid -September. If eminent domain is necessary, we would have our acquisition files turned over to the County's legal counsel by early October to have an immediate possession hearing in November or early December. Once we deposit funds into escrow, we would have possession and could request ROW clearance by the end of December. Based on our experience with the affected landowners and our ability to work through issues, we would anticipate getting the ROW acquired much quicker than that, and without the need for eminent domain. The residential relocation will have a separate timeframe and some of the administration of claims could extend into 2025. We will, however, be able to issue the appropriate 90 -day and 30 -day notices to ensure the property is vacated prior to the end of 2024. Once the tenant has vacated the property, the County will be able to move forward with construction. We also understand that ROW acquisition will be necessary for the CR 29 Improvements Project between Hwy 392 and CR 74. We plan to start on this as the roundabout project at CR 54 and CR 13 is wrapping up later in 2024 and could have that project completed in early 2025. We don't know the schedule for the subsequent projects on the County's list, but we do know that we have the team, the bandwidth, and the tools necessary to meet any realistic acquisition schedule. We plan on meeting with the County in person or via web -based platforms early and often to make sure we stay on schedule. We will add resources as necessary to accommodate periods where our workload may be heavier. We have adequate ROW support staff in our Loveland office, we have two very capable and available appraisers and two great survey teams ready to get to work. Page 6 of 15 Scope of Work Each member of our team has been pre -qualified by CDOT'to work on federally funded projects, for their specific role(s) _ Western States will assign one Project Manager to each project that will serve as the primary point of contact between -our team and County staff At the beginning of each project, we will propose a kickoff meeting to discuss the specific scope and roles of each project member Once we have plans and notice to proceed, we will create a landowner tracking spreadsheet that, will include ,parcel numbers, ownership information including mailing address and phone numbers, location, brief legal description and reception number, property interests to be acquired, and other, acquisition status information such as -8O1, Offer, Final Offer - closing dates We, will utilize 'information that is available on the Weld County Assessor's website to help determine ownership and other, property- information Title work will be obtained to help identify any liens or encumbrances that may affect design orfour ability to obtain clear title We will order updates for any title that is more than 90 days old and provide title information to the County If required, one of our Colorado Registered Professional Land Surveyors will prepare legal descriptions in accordance with - County standards - Our team will coordinate with each of the different specialty fields throughout the project to ensure that the- right' parties are engaged at the appropriate time We will work with the title company, design engineers and surveyors early onto ensure that we understand the project goals, design and impacts to landowners _ Our appraiser(s) and surveyor(s) will also be 'engaged early in the project so they are aware of ;the timelines, milestones and can help identify _'any critical issues All our 'acquisition efforts -will comply with the Uniform Act, state statutes and CDOT policies to preserve the County's ability to use eminent domain if necessary and to obtain ROW clearance on the federally funded projects Once 8O1 letters are delivered, we will coordinate ROW staking and appraisal inspections with the County Our 8O1 letters will provide reference to CRS 38-1-121 and make owners -aware of their _ right to get an appraisal and seek to be reimbursed by: the County if the property interests being acquired exceed $5,000 in value We anticipate doing in-house waiver valuations on the low -value, non-complex acquisitions and for any higher value or complex acquisitions, Jon Vaughan and/or Andre Suissa will prepare third party Eminent Domain appraisal reports in the' appropriate CDOT format'and in accordance with -the Uniform Act, 49 CFR Part 24 23 CFR Part 710, CRS 24-56-101 et seq , CRS 38-1-101 seq , chapter 3 of the CDOT ROW Manual, appropriate state laws andthecurrent USPAP'requirements After appraisals or waiver valuations are completed, we, will have them reviewed to establish fair market value for each affected parcel When approved `by the County, we will issue Offers and negotiate in good faith with each landowner During, our negotiations we will stay in constant communication with the County regarding progress We will present any challenges or counter , proposals -to the- County, with our recommendation on, how to mitigate or resolve ' each circumstance We will communicate the ; County's response back to landowners to reach a voluntary settlement In the, event we can reach an agreement, but the -compensation exceeds the established fair market value, we will prepare an administrative settlement to be reviewed and approved by the County When appropriate, we may recommend the use of a possession and use agreement to get possession while we extend our ability to negotiate the final , compensation , When agreements have been reached, we`will' obtain signatures on all required documentation and present to the County for Board of County Commissioners (BOCC) approval Upon approval by the BOCC, a check will be ordered, and we will coordinate a formal closing with the title company when the County requests title insurance On temporary easements or other low risk acquisitions, and at the direction, of the County, we can deliver payment to' landowners in:exchange for -signed easements, deeds, or other conveyance documents as well as a closing statement and receipt form _ r Any liens or encumbrances that -must be addressed prior to closing will be discussed with the County to determine if releases, consents, or other title curative measures may be necessary to ensure clear title If_we are unable to reach a voluntary agreement - with any, landowner, we, ,will discuss the remaining options with 'the County All final offers will be made no later than 45 'days after receipt of the appraisal and approval of the FMV- Page 7 of 15 If it is determined that we have reached impasse and the County elects to pursue eminenfdomain, Western States will turn over a complete acquisition file to the County's' legal counsel that will include all written correspondence, specifically the NOI, Offer and final Offer letters as well as a negotiation log, updated title information and any other pertinent negotiation information Our agents and subconsultants will be available to 1 work with County : legal; counsel to prepare for , condemnation proceedings and provide expert witness testimony to, certify our good faith negotiations 'at an immediate possession ° (IP) hearing Our appraisers will be available to participate in the IP hearing as well as any valuation trials that may be necessary When the County has possession of every parcel required for -a project, we will assist the County in { preparing a _ROW, Clearance request letter to be delivered to CDOT Region 4 -along with- our - acquisition files The County, will be provided with copies of our files as well' Once ROW Clearance has been approved, we -will consider our acquisition efforts to be complete but will remain available to _assist the County during or after construction as may be beneficial We will retain, copies of `all our 4 files for a minimum of seven years Throughout the course of each project, we will be - available to'attend meetings, either' im person,,or ' via web -based platforms We anticipate attending , monthly progress, meetings at ‘a minimum and understand those meetings could, be more frequent We, are available to attend, BOCC <' meetings; coordinationmeetings with '-other consultants and Public Works staff or participate in public meetings as necessary ' Appraisals will bean important component of our,; acquisition team Before -Jon or Andre start an, appraisal, they- will- meet with Western - 'States' , and the , `County at ` least three' weeks prior to completing an appraisal inspection The purpose of- this meeting is -to fi discuss the scope of the assignment, familiarize themselves with the project, and schedule right of way staking Western States will, work with King Surveyors or HCL to coordinate staking prior to appraisal inspections If they are required to ,prepare legal descriptions, they will be 'engaged early" in the project For staking only requests we will send them copies of the_plans' ' and legal descriptions as soon - as they_ are Will document oor'efforts to invite them in our negotiation logs,"_= Jon and Andre will prepare their reports using' the appropriate CDOT appraisal format and will , comply with all the applicable State and Federal , regulations, laws, policies, and procedures The appraiser assigned to each project will be the,' sole signatory on_the report ' Jon 'and Andre will ,refer to Chapter, _3' of:, the COOT ROW manual for guidance on the valuation process and methodology They will inspect the ' properties' to _ identify environmental issues, -improvements, impacts ,,,to the remainder or any ,other complicated circumstances They will take photos to be' incorporated into the reports' along with; ,data If ' they have ','}question's about affected improvements or potential damages, we Willi discuss these items with the County'before,they are evaluated in their reports Business signs that will be impacted by the acquisition will be, appraised at their contributory `value We wills have discussions with landowners about any available to 'us so they, ,can establishrtheir- ,potential tenant owned improvements to make base files and coordinate staking with out delay sure compensation or relocation assistance is allocated appropriately We understand relocation will be necessary on the Our goal will` be to be efficient with the staking CR 54 and CR 13 Roundabout Project For this project and any others that may -require relocation, we will prepare the relocation plan, all the required notices, determinations, and applicable forms We will also provide relocation advisory assistance and coordinate all our efforts in accordance with the Uniform 'Act , Our determinations and other forms will be reviewed'by CDOT , , coordination to minimize trips to the field and _excess_cost ' With staking__complete,,we will work with the appraiser to schedule inspections We will try to schedule multiple meetings- back-to-back, again to be efficient and reduce costs Our agents will , ` be present at the inspections and the landowners - will be invited If they choosenot to attend, we ,y When the reports are complete, they will'be provided to the County in -draft form for review Once_ approved by the County they will be delivered for third party review on federally', funded projects CDOT may choose to review in- house, or we may use either of our appraisers for the report and the other for the review` When an,FMV is issued, we will use that to make offers on'behalf of the County Page 8 of 15 References Peter Sulmeisters, ROW Manager CDOT Region 4 10601 W. 10th Street Greeley, CO 80634 Peter.sulmeisters@state.co.us (970) 350-2157 As the ROW Manager for CDOT Region 4, we have worked extensively with Peter during his time in that position. We have worked directly for CDOT and with Local Public Agencies all throughout the region. Below is a short list of projects we have completed in Region 4: • 1-25 Express Lanes (CDOT) • US 36 FLAP — Estes Park Couplets Phase I & Phase II • Coffman Street Busway Project — Longmont • SH 14 Sterling S Curve (CDOT) Justin Core, Senior Land Agent Larimer County Engineering & Natural Resources 200 West Oak Street, Suite 3000 PO Box 1190 Fort Collins, CO 80522 corejh@co.larimer.co.us (970) 498-5710 We have worked with Larimer County for many years and have completed several projects with Justin; below are just a few recent examples of projects with Larimer County: • Owl Canyon Road Widening and Roundabout • North Shields Improvements Project • CR 43 Flood Relief • LCR 21 Widening • North Taft Hill Road Improvements Ian Cortez, PLS, RWA Right of Way Supervisor, Public Works Adams County 4430 S. Adams County Parkway 1St Floor Suite W5700 Brighton, CO 80601 icortez@adcogov.org (720) 523-6835 Western States has worked with Adams County on projects dating back more than 20 years. Below is a list of several projects we have recently completed with Ian and a couple that are still in progress: • 62nd And Pecos Widening • 58th Avenue Widening • 70th Avenue — Pecos to Kidder • Goat Hill East Improvements Page 9 of 15 SAMPLE APPRAISAL REPORTS Part 9 — Analysis of Damages or Benefits P. rt 9 — Analyses of M►rnages or Benefits I Damages are a loss in value to the remainder properly as a result of a partial acquisition Conversely, benefits to the remainder properly represent the increase in value to the remainder property as a result of a partial acquisition, as defined by the International Right of Way Association RESIDUE LAND VALUE — BEFORE VS. AFTER After the acquisition, the remainder parcel can continue to function in a similar manner, and its highest and best use remains unchanged The residue property after the protect can still be put to similar use as before the right of way acquisition, and the residue land value after the take as compared to the residue land value before the take has not changed I I COMPENSABLE DAMAGES — RESIDUE VALUE AFTER TAKE After the acquisition, the parking area will be reduced by 9 spaces, leaving a total of 68 parking spaces for the 22,700 -square -foot building The City of Wheat Ridge requires properties with office and retail uses to provide 5 parking spaces per 1,000 -square -feet of ground -level building area and 3 3 parking spaces per 1,000 -square -feet of building area above the first floor Therefore, the improvements would need approximately 98 parking spaces to comply with the zoning requirements The properly does not meet that standard either before or after the acquisition Nonetheless, the protect is compounding the parking shortage To quantify the impact, the office building must be analyzed, before and after the right of way acquisition Page 10 of 15 sky -RE 1 1 Part 9 Analysis of Damages or Benefits Contributory Value of the Building improvements Before the Acquisition Subject Comp No. 1 Comp No. 2 Comp No. 3 Comp No. 4 Comp No. 6 Comp No. 0 Comp No. 7 Grantor 7910 Ralston Road LLC Alan R Kttelman 0303 Ralph & Kay Long True Morehead Co Sunset on Arapahoe LLP 5855B Wadsworth ELC WADLCWORTN Grantee 7910 Ralson LLC 04th at Wads, LLc_ 1 180ADBP LLC Mile Hi Property Partners LLC Standley lake Medical ER Pham Nyo Investment LLC I I Ehone Star It t_ I Sale I Sole Sale Sale Sole Sale Sale Transaction Type Dote of Sole Mar 1 7 Apr -18 Auq-18 Oct -18 Jan -19 Jan -19 Apr -19 Address 7010 W Ralston Rd 91 13 - 8161 West 04th Avenue 6303 Wadsworth Boulevard 26 East Arapahoe Road 11049 W 44th Avenue 8721-8725 Wadsworth Boulevard 8771 Wolff Court City State Wheat Ridge, CO Arvada, CO Wectnun:tei CO Ar-.c]cici CO Westminster, CO i i Arvada, CO Littinton. CO Wheat Ridge CO Year Built/Renovated 1062 1980 107Q IQB0 1083 1080 1080 1973 Property Type Retail/Commercial Multi T'-•nant Un-Anchored Retail Strip Single Tenant Multi Tenant Muth Tenant tai„c Freestanding Other Retail NRA (SF) 22,700 10,489 22,208 12,250 11,041 14,649 12,000 16,156 Gross Land Size SF 51,183 17,110 89,821 27,022 28,314 69,260 68,563 33,236 Land to Building Ratio 2 25 to 1 1 63 to 1 4 O4 to 1 2 28 to 1 2 56 to 1 4 73 to 1 5 71 to 1 2 06 to 1 Parking Spaces/1000 SF 3 30 1 33 4 01 2 78 3 09 5 12 10 50 300 Actual Sale Price 5879,000 52,827,500 51,500,000 51,050,000 51,800,000 51,62000 51,700,000 Capital Adjustment SO • SO SO SO -5260,000 SO SO Adiusted Sale Pnce $870,000 52,827,500 51,500,000 S1 050,000 t 51,540,000 51,625,000 I 51,700,000• Unit Pnce Per NRA 583 80 $127 32 5122 45 S05 10 5105 13 5135 42 S1O5 22 Property Rights Conveyed I 4 Financing Conditions of Sale _ Market Conditions (Time' 3% 8% 596 496 396 1 3° 3% 2% Adjusted S/NRA $90 50 S133 69 5127 35 S97 95 5 108 2e 5 139 48 5 107 32 Relative Location -10% ■ , Size -5% • • 5 5% -5% Age/Condition 5% 5°c 10% -10% -5% -5% -5% Quality of Construction Parking 3% 1% 1% -2% -6% 1% Amenities Other Land Bldg Ratio 10% -15% - 15% -15% Net Adjustment 3% -31% 14% -15% -22% -31% 4% Indicated Unit Value 503 22 502 25 5100 52 583 26 $84 46 596 24 5103 03 Estimated Unit Value 596.00 The sales have been compared to the subject and, where necessary, have been adjusted for differences between the sale properties and the subject larger parcel. Characteristics that are similar between the comparable property and the subject do not require adjustment. The estimated market value of the improved subject property is estimated to be $2,043,000 Deducting the estimated land value before the acquisition of $1,141,381 indicates a contributory value of the improvements of $1,037,819. Page 11 of 15 CBRE Part 9 — Analysis of Damages or Benefits Contributory Value of the Building Improvements After the Acquisition Subject Comp No 1 Comp No 2 Comp No 3 Comp No 4 Comp No 5 Comp No 6 Comp No 7 Transaction Type Sale Sale Sole Sale Sole Sale Sale 1 Sale Date of Address MIIIMIle ® Mar 17 7910 W Ralston Rd Apr 18 .w".35,9841: Avenue Aug 18 6303 Wadsworth Boulevard Oct 18 8771 Wolff Court Jan 19 8721Wod8swo725rh Boulevard Jan 19 26 East Arapahoe Road Apr 19 11049 W 44th Avenue City State Wheat Ridge CO Arvada CO Westminster, CO Arvada CO Westminster CO Arvada CO Littleton, CO Wheat Ridge Year Built/Renovated 1980 CO 1973 Property Type 1962 Retad/Commeraa 1980 Multi Tenant 1979 Un Anchored 1986 Single Tenant 1983 Multi Tenant Multi Tenant 19801 Misc Freesfondmg Other Retail Strip Retail I NRA (SF( Gross Land Size SF 22 700 45 981 10 489 17 119 22,208 89,821 12,250 27 922 11,041 28 314 14,649 69 260 12,000 68 563 16,156 33 236 06 1 Land to Budding Ratio Parking Spaces/1000 SF 2 03 to 1 3 00 1 63 to 1 1 33 4 04 to 1 4 91 2 28 to 1 2 70 000 2 56 to 1 3 99 51,050 000 4 73 to 1 5 12 51,800,000 5 71 to 1 10 50 51 625,000 2 to 3 09 Sl 700 000 Actual Sale Price Capital Adiustment 5879 000 SO S2 827 500 SO 51 500 50 SO 5260 000 SO 50 Adrysted Sale Price 5879 000 52 827 500 51 500 000 Sl 050 000 51,540 000 51,625 000 Sl 700 000 Unit Price Per NRA S83 80 5127 32 5122 45 595 10 5105 13 S135 42 5105 22 Property Rights Conveyed I Financing Conditions of Sale I Market Conditions (Time) 3% 8% 5% 4% 3% 3% 3% 1 2% Adiusted S/NRA Relative Location 590 50 5133 69 10% 5127 35 597 95 5108 28 5139 48 S107 32 SI. 5% 5% 5% 5% 5% 5% Age/Condition Quality of Construction 5% 5% 10% 10% 5% 2% I 6% I 1% Parking Amenities 2% 2% Other Land Bldg Ratio 5% 20% 5% 5% 20% 20% i Net Adjustment 3% 37% 20% 20% 27% 36% 4% Indicated Unit Value 587 79 584 22 $101 88 578 36 $79 04 589 27 5103 03 Estimated Unit Value 590 00 The same comparables remain appropriate, except that the land -to -building ratio; and parking ratio of the subject property will be reduced by the Wadsworth Boulevard expansion Parking and Land -to -Building Ratio adjustments have been changed to account for the condition of the property after the acquisition All other adjustments are identical in both analyses This has been done to focus exclusively on the parking loss and does not account for the reductio to other site improvements, which were included in Part 5 In conclusion, the estimated market value of the improved subject property is estimated to be $2,179,200 Deducting the estimated land value after the acquisition of $1,025,376 indicates a contributory value of the improvements of $1,017,624 Based on the difference between the contributory value of the improvements before and after the acquisition, the damages to the remainder are calculated as follows Compensible Damages - Incurable Contributory Improvement Value Before Contributory Improvement Value After Indicated Damages $1,037,819 $1,017,624 $20,195 RESTORATION COST (COST TO CURE) There is no land available to replace the lost parking spaces Therefore, the damages are incurable SPECIFIC BENEFITS - RESIDUE VALUE AFTER TAKE There are no specific benefits to the residue as a result of the project Page 12 of 15 Maximally Productii'e A single-family use is a maximally productive use as it allocates significantly more value back to the land and profit after factoring median sales prices and average construction costs. I believe the subject can be subdivided into three lots 'As Is'. Hilihest and Best Use as Vacant conclusion - Residue After Take The highest and best use of the Residue After Take. as vacant, is to subdivide the subject into a single-family subdivision and develop with build -to -suit custom homes. The most likely buyer is a local or regional custom home builder. The timing for development is now. Land/Tract Valuation — Residue After Take Land/Tract 1 aloe I have relied on the same comparables and adjustments to value the Residue After Take. A chain -up station is considered a nuisance for a residential subdivision. The chain -up station will not provide any measurable general or special benefits to the Affected Area. It will likely increase noise. odors, and truck and light pollution from truck traffic that use this station. The chain -up station has been designed to minimize the LED lighting to when Colorado's chain laws are in effect during the winter. which was estimated to be about 20-30 times per season. This equates to roughly 6% to 8% of the year. The chain -up station will likely be used by truck and vehicular traffic throughout the year. Thus. a higher percentage discount above 6% to 8% is warranted. Comparables 1.2. and 3 have no surrounding features that would be considered a nuisance to residential users similar to the proposed chain -up station. Comparables 1 and 2 sold for to for 8.160 and 6.02 acres respectively for single-family home use. Comparable 3 was allocated based on a single-family use with no consideration towards subdividing the property. Comparable 2 is directly across the highway from Comparable 3 showing the difference in price per acre vs ) as the land size increases from 6.02 acres to 48.29 acres for a single-family use. The southern portion of Comparable 4 is adjacent to a 2.77 -acre tract improved with Alma's WWTP. Comparable 5 adjoins the subject to the northwest and has a similar building envelope size given its thin, triangular shape and size. Comparable 6 is difficult to access and slopes steeper to the subject. Comparables 1 and 2 are considered superior to the subject as they are not next to a chain -up station. Comparables 3. 5. and 6 are more reflective of the subject if it was only used for a single-family use rather than a subdivision. Thus. three comparables are inferior to the subject. Comparable 4 is next to a WWTP that is considered a similar impact on value as a chain -up station, but is also affected by floodplain, shape. topography. and other tract development issues some similar to the subject. The same buyer of Comparable 4 sold off 8.16 acres (Comparable 1 - 2/acre) from 116.510 acres (Comparable 4 - 5 /acre) for a price per acre that was 664% higher in 19 months. I consider Comparable 4 to be inferior to the subject. I have bracketed a unit value between the adjusted price per acre of Comparables 1-2 on the high end and Comparable 3-6 on the low end. The reconciled value is I per acre for the subject 'As Is'. The calculation of the Affected Area Residue After Take value is as follows, rounded to the nearest ten dollars: 28.0253 acres x $ /acre = _ Page 13 of 15 Pan 8 - Analysis and Valuation -Residue After Take PART 9 - ANALYSIS of DAMAGES or BENEFITS Indicated Damages or Benefits — Residue After Take Any damages or benefits to the remainder property are measured by the difference in the residue value before the take vs. the residue value after the take in its "as is" (uncured) condition. Damages or benefits are indicated in the table below: Indicated Damages or Benefits to Residue After Take Residue Value Before Take <Less> Residue Value After Take (As Is condition uncuredl ( ) = Total Indicated Damages to Residue After Take (S-0- or more): OR (SO) = Total Indicated Benefits to Residue After Take (S-0- or less): NOTE: Benefits display as a (negative) S because if later determined as Special Benefits (not General), they may offset part of the total compensation estimate for parts taken and any incurable damages. This is shown later in the Compensation Estimate Summary, Part 11. Compensable Damages or Offsetting Special Benefits DAMAGES: The remainder value is damaged as compared to the before value by BENEFITS: None indicated. . Or /acre Compensable Damages — Incurable or Curable (Net Cost to Cure) Incurable Compensable Damages — I have concluded that the estimated damages of 1/acre or 11 are incurable The design of the chain -up station is efficiently designed to minimize the use of LED lighting. Curable Compensable Damages — Sometimes market damages to a remainder property can be cured (offset) through some type of restorative construction. reconstruction. remodeling or installation of improvements that restores the property to equal or even better functionality than before the taking. This is known as a cost to cure. The cost -to -cure analysis is appropriate when damages have been established by market evidence or when it is clear the cost to cure is the lesser measure of compensable damage. The cost to cure cannot exceed the diminution in the value of the residue after the take. In that circumstance the lesser market damages are the proper measure of compensation. The damages are incurable. It is possible to add improvements such as fencing/walls that may mitigate or eliminate the visibility, noise. etc. from the chain -up station. However, the costs of such improvements are unknown and may exceed my estimated damages. these improvements must be approved by Park County. and the buildable areas of the remainder of the Affected Area may be too low in elevation for this solution to not also block the western mountain views. Page 14 of 15 Part 9 - Analysis of Damages or Benefits PART 10 - COMPENSATION SUMMARY Explanation of Compensation The elements of compensation concluded in the appraisal report include the fee taking of land and damages resulting from being located next to a truck chain -up station. Compensation Estimate Summary Value of Part Taken Laud Tract Value of Part Taken al Easement Value of Part Taken S0 Owner Improvements Contributory Value of Part Taken SO Total Value of Part Taken Compensable Damages and/or Offsetting Special Benefits Total Compensable Damages (per Residue Value After/As Is) OR Total Offsetting Special Benefits (per Residue As Is or As Cured) (enter -0- or the Special Benefit due to project or to cure here and in (SO) [A] below as a -5) Special Benefits Offset Damages Compensable Damages/Curable/Net Cost to Cure (enter -0- or 5) (see preceding net cost to cure table) SO Compensable Damages/Incurable (No Cost to Cure) Note: A our made to a curable portion of damages (above) and that results in overall special benefits to the remainder property might also zero out any incurable damages originally indicated <Less> Offsetting Special (Special Benefits Benefits offset due to 100% project or of incurable to a cure (-0- or -5) damages) [A] i Net Compensable Damages/Incurable (answer is -0- or $) > Net Offsetting Special Benefits OR due to project or to cure (answer is -$) > [B1 ($0) (enter -0- or any Net Offsetting Special Benefit here and in [D] below) Special Benefits Offset Value of Part Taken Total Value of Part Taken and/or Cured Part Taken x 0.50 [C] (Offsetting Special Benefits Not to Exceed 50% of Value of Part Taken) I SO OR Net Offsetting Special Benefits (per Residue Value After/As Is or As Cured) [D] Show as positive 5 >> SO Net Remaining Special Benefits Offset 50% Value of Part Taken = enter -0- or Lesser of [Cl or (D] as a whole (-$) > (SO) Total Rental Value of Temporary Easement $0 Compensation Estimate Page 15 of 15 Part 10 — Compensation Summary F. RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. 1 Date: February 16, 2024 By: John Doty Addendum No. Date: By: Addendum No. Date: By: FIRM Western States Land Services, LLC BUSINESS ADDRESS 505 N Denver Ave. BY John Doty CITY, STATE, ZIP CODE Loveland, CO 80537 (Please print) DATE February 16, 2024 TELEPHONE NO 970-667-7602 SIGNATUR E-MAIL jdoty • ws-ls.net FAX 970-667-6580 TAX ID # 84-3676447 A signed copy of the Receipt of Addenda must be included with RFP. It will not be included in the total page count. Failure to include the Receipt of Addenda will result in the proposal not being reviewed or scored by the County. WESTERN'STATES LAND SERVICES,' LLC - FEE SCHEDULE- CALENDAR YEAR 2024-, - HOURLY' * - Project Mgr! SeniorAgent . Acquisition / Relocation /GIS Specialist II- Acquisition / Relocation Specialist I Records;Docs.-Supervisor . . EXPENSES, Expenses are charged at actual cost with no surcharge Vehiclemileage .... . Federal Rate (+1- $ 67/mile) Photocopies _ ... �� p $.20 /page.: Color @ $ 40%page ' $115:00 $110 00, . $100 00 .' $80 00- , Tabloid copies/ maps Sr plats [Varies, for -color] . $1 00 to $10 00/page Direct expenses for items such, as postage, telephone, etc are charged at actual cost with no surcharge - "Custom invoices will be charged a one-time set up programmmgrfee of $500 'There is no surcharge for overtime hours worked," , 4 (Daily and monthly rates,available upon negot►ation) ' KING SURVEYORS Standard Hourly Rate Schedule Effective: December 09, 2023 Project Surveyor Project Manager Processing: Draftsman CAD Technician I CAD Technician II Field: Crew Rate (2 -man) GPS Crew Crew Chief Expert Witness Clerical A.T.V. Boat Copies: 81/2X11" 81/2"X 14" 11" X 17" 18" X 24" Prints 24" X 36" Prints 24" X 36" Mylars $140.00/hr. $114.00/hr. $110.00/hr $99.000/hr. $94.00/hr. $184.00/hr. $169.00/hr. $108.00/hr. $230.00/hr $57.00/hr. $41.00/hr. $41.00/hr. $0.15/copy $0.20/copy $0.25/copy $1.50/copy $2.00/copy $8.00/copy **All copies & meetings are billed in addition to estimates, unless otherwise noted. ** **All fees are subject to change without notice** (flO EAST GAN!)E\' DRIVE I WINDSOR, COLORADO 80550 I P. 970.68(3.5011 I F. 970.686. i821 WWW. KI \GSA 'RIVE VO1:$.('O'\I CBRE FEE SCHEDULE Per Hour Hours Total Appraisals $ ` 180 00 TBD TBD Testimony $ 300.00 TBD TBD Simple Residental $ 180.00 25 $ 4,500 Agricultural $ 180 00 28 $ 5,040 Commercial $ 180.00 28 $ 5,040 Complex $ 180.00 34 $ 6,120 Appraisal Hourly cue Basis $275/hour Simple land takings vil site improv. $6,001) $8,000 Complex land or improved takings $8,000 $12,O00 *Does not include 3rd party subcontractors such as Arborsts, site improvRrTiRnt contractors, etc. St Does not factor discounts for multi -parcel projects ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MWDD/YYYY) 3/8/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Conexus Insurance Partners 11080 Circle Point Road, Suite 100 Westminster CO 80020 NAMEACT Jessie Karlovitch PHONE FAX Mat E., 303-429-3501 I(aC, No): 303-427-0611 n000rrEss: jkarlovitch@conexusins.com INSURERS) AFFORDING COVERAGE NAIL # INSURER A : Artisan & Truckers Casualty Co 10194 INSURED WESTSTA-02 Western States Land Services, LLC INSURER B : Hartford Underwriters Ins Co 30104 INSURER c : Nutmeg Insurance Company 39608 505 North Denver Avenue INSURER o : Lloyds of London 32727 Loveland CO 80537 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1669273826 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TV LTR TYPE OF INSURANCE ADDL SUER INSD NND POLICY NUMBER POLICY EFF DriNS/YYYY) POLICY EXP (IITIL YYYY) LIMITS B COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X BOP Liability Y 34SBAAE6CD7 12/16/2023 12/16/2024 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENII AGGREGATE LIMIT APPLIES PER: X POLICY D E LOC jRC7 OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 A B AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY X SCHEDULED AUTOS X NON -OWNED AUTOS ONLY 01539527 34SBAAE6CD7 12/21/2023 12/16/2023 12/21/2024 12/16/2024 COMBINED SINGLE LIMIT (Ea'''. $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE 34SBAAE6CD7 12116!2023 12/16/2024 EACH OCCURRENCE $1,000,000 AGGREGATE $ 1,000,000 DED I X I RETENTION $ in min C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N MITEPRIETO PETCTNEDREVECUTIVE OFFICERIMEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 34WECAE6CK7 12/16/2023 1276O024 X 1 STATUTE I I OERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liability MPL4346226.23 12/16/2023 12/16/2024 Limit 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Weld County, Colorado, its elected officials, and its employees are additional insureds. TIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County 1111 H Street Greeley CO 80632-0758 AUTHORIZ REPRESENTATIVE I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name * WESTERN STATES LAND SERVICES LLC Entity ID* @00001574 Contract Name * Contract ID ON -CALL ROW ACQUISITION, RELOCATION, AND 7927 APPRAISAL SERVICES FOR 2024 WITH OPTIONS TO RENEW IN 2025 AND 2026 Contract Status CTB REVIEW Contract Lead * CKIMMI Q New Entity? Parent Contract ID 20240243 Requires Board Approval YES Contract Lead Email Department Project # CKimmi@co.weld.co.us Contract Description* CONTRACT FOR THE ON -CALL ROW ACQUISITION, RELOCATION, AND APPRAISAL SERVICES FOR 2024 WITH OPTIONS TO RENEW IN 2025 AND 2026. THIS CONTRACT WILL BE USED TO HELP THE COUNTY ACQUIRE ROW AND APPRAISALS FOR UPCOMING PUBLIC WORKS CONSTRUCTION PROJECTS. Contract Description 2 Contract Type* Department AGREEMENT PUBLIC WORKS Amount* $110,000.00 Renewable * YES Automatic Renewal NO Grant NO IGA NO Department Email CM- PublicWorks@weldgov.co m Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL EY@WEL DGOV.COM Requested BOCC Agenda Due Date Date* 03/14/2024 03/18/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2400034 If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 03/12/2024 Renewal Date* 12/31/2024 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date TOBY TAYLOR 03/14/2024 Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 03/12/2024 03/12/2024 03/13/2024 Final Approval BOCC Approved Tyler Ref # AG 031824 BOCC Signed Date Originator CKIMMI BOCC Agenda Date 03/18/2024 MEMORANDUM Date: March 1, 2024 To: Toby Taylor, Purchasing From: Clay Kimmi, Project Manager, Public Works RE: B2400034, ON -CALL RIGHT OF WAY ACQUISITION & RELOCATION & APPRAISAL SERVICES Public Works has conducted a Quality Based Selection (QBS) process to select a consultant to perform On -call ROW acquisition, relocation, and appraisal services for 2024. The contract is a single year contract with the options to renew in 2025 and 2026. See attached Exhibit A for the ranking summary. The first ranked proposal was submitted by Western States Land Services (Western States). Weld County has used the services of Western States multiple times in the past. They have been found to be responsive to our needs and have completed our projects on schedule. Public Works recommends awarding the On -call ROW, Acquisition, and Appraisal Services contract to Western States Land Services, LLC for a not to exceed amount of $110,000.00. Public Works has budgeted for this amount in its 2024 budget. 3/Co 202A abc-1-2j EEKYZ2 B2400034 - On -call ROW Acquisition and Appraisal Services Date: 03/01/24 cm F— RFP Summary Committee Members Total Scoring Ranking Reviewer 1 RFP & Rank Reviewer 2 REP & Interview Rank Reviewer 3 RFP & Interview Rank Reviewer 4 RFP & Interview Rank z HInterview AtkinsRealis 2 3 3 11 3 ...1 M In Horrocks Engineers 2 2 2 2 8 2 Z O V Western States Land Services 1 1 1 1 4 1 Lowest Rank is best SINVI1f1SNOJ RFP Summary Committee Members Total Scoring Reviewer 1 RFP Score Reviewer 1 Interview Score Reviewer 2 RFP Score Revierer 2 Interview Score Reviewer 3 RFP Score Reviewer 3 Interview Score Reviewer 4 RFP Score Reviewer 4 Interview Score AtkinsRealis 73.25 83.00 93.30 80.00 82.00 87.2.0 80 78 656.50 Horrocks Engineers 74.25 82.00 93.30 86.40 92.70 87.60 82 80 678.50 Western States Land Services 79.00 88.00 96.20 89.20 93.20 94.00 76 91. 706.35 High score is best WELD COUNTY PURCHASING 1301 N. 17TH Avenue, Greeley, CO 80631 E-mail: reverett(B weldgov.com E -Mail: cgeisert(8weldgov.com Phone: 970)400-4222, 4223 DATE OF BID: FEBRUARY 16, 2024 REQUEST FOR: ON -CALL RIGHT OF WAY ACQUISITION & RELOCATION & APPRAISAL SERVICES DEPARTMENT: PUBLIC WORKS BID NO: B2400034 PRESENT DATE: FEBRUARY 21, 2024 APPROVAL DATE: MARCH 6, 2024 VENDORS HORROCKS 5250 HAHNS PEAK DR, STE 220 LOVELAND CO 80538 AtkinRealis USA INC 4600 SOUTH ULSTER, STE 1100 DENVER CO 80237 WESTERN STATES LAND SERVICES LLC 505 N. DENVER AVE LOVELAND CO 80537 THE DEPARTMENT OF PUBLIC WORKS IS REVIEWING PROPOSALS. 2024-0423 2/2 \ EGz DOZ Hello