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Home My WebLink About20203065.tiffCon+aC+ _O 4`1&3`1 MEMORANDUM Date: November 3, 2020 To: Esther Gesick, CTB From: Clay Kimmi, Project Manager, Public Works RE: OnBase Contract ID #4234 — Right of Way Acquisition and Appraisal Services for CR 80 & CR 37 Intersection Project, B2000179 Please place the attached agreement on the BOCC Consent Agenda. The BOCC approved the award of this contract to Western States Land Services on October 28, 2020. The Consultant has signed the contract 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. %n sex, + A4t r1 d-a cc.• azi2d,a- ( - /!-d l -a° a)) Sao - 305 E.Goo-� AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY AND WESTERN STATES LAND SERVICES FOR RIGHT OF WAY ACQUISITION AND APPRAISAL SERVICES FOR CR 80 AND CR37 INTERSECTION PROJECT THIS AGREEMENT is made and entered into this 9 day of jlnvem ber , 2020, 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. 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 B2000179. 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. 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 if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. 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, 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 incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." 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 $58,350.00, 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 permit 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 his 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 Contractor 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 Contractor, involving all matters and/or transactions related to this Agreement. The Contractor 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 his or her 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 his 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 Avenue Address: Loveland, CO 80537 E-mail: jdoty@ws-ls.com Phone: 970-667-7602 County: Name: Clay Kimmi, P.E. Position: Senior Engineer Address: 1111 H Street Address: Greeley, CO 80632 E-mail: ckimmi@weldqov.com Phone: 970-381-7977 Don Dunker, P.E. County Engineer 1111 H Street Greeley, CO 80632 ddunker c(�.weldgov.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 G.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. +h IN WITNESS WHEREOF, the parties hereto have signed this Agreement this t day of floveenbe,r , 2020. CONTRACT PROFESSIONAL: Western States Land Services, LLC By: Name: John Doty Title: Principal Date: November 2, 2020 WELD T� v• ;� ATTEST: � We County Clerk to the Board B BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board �� } (�, ��;'� reeman, Chair NOV 0 9 2020 o20o2o- 306 / ACOR o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/2/2020 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 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 RSS Insurance Service Inc. 3640 W 112th Ave Westminster CO 80031 CONTACT PHONE FAX (A/C. No. Ext): 303-429-3561 (A/C, No): 303-427-0611 ADDRESS: certs@rss-insurance.com INSURERS) AFFORDING COVERAGE NAIC # INSURER A : Progressive Companies 10194 INSURED WESTSTA-02 Western States Land Services, LLC 505 North Denver Avenue Loveland CO 80537 INSURER B : Hartford Insurance Company 22357 INSURER C : Hiscox Insurance Company 10200 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 550366150 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. INSR LTR B X TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY JECT OTHER: LOC ADDL INSD Y SUBR WVD Y POLICY NUMBER 34 SBA AE6CD7 POLICY EFF (MM/DD/YYYY) 12/16/2019 POLICY EXP (MM/DD/YYYY) 12/16/2020 LIMITS 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 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 A B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS HIRED AUTOS X X SCHEDULED AUTOS NON -OWNED AUTOS 015395270 34 SBA AE6CD7 12/16/2019 12/16/2019 12/16/2020 12/16/2020 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ $ 1,000,000 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE DED RETENTION $ EACH OCCURRENCE $ AGGREGATE $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N NIA 34WECAE6CK7 12/16/2019 12/16/2020 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 Limit 1,000,000 C Professional Liability MPL4346226.19 12/16/2019 12/16/2020 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Blanket additional insured by written contract agreement for certificate holder, owner, and all required parties on General Liability. Weld County, Colorado, its elected officials, and its employees are additional insureds. CERTIFICATE HOLDER CANCELLATION Weld County 1150 O Street Greeley CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZE'? REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT A 54'.N �.. ... Request for Proposals #B2000179 Weld County, Colorado 1 150 O Street Greeley, CO 80631 fniETIN r NOTE: DUE TO THECORONAV R S PANDEMICS THE MANDATORY PRE —PROPOSAL, M _ WU BE HELD VI,"1. A SKYPE CONFERENCK CALL. PHONE NUMBER: (7 20) 439-5261 CONFERENCE BD: 6866297r# I. Purpose The Weld County Public Works Department is seeking qualifications submittals from qualified vendors for Right of Way (ROW) acquisition and appraisal services for the CR 80 and CR 37 intersection project. It is expected the project will include the acquisition of four properties, the acquisition of two permanent easements, the acquisition of four temporary easements and if required appraisal services for the properties to be acquired. The Best Value OBS process outlined in Chapter 5, section 5-4-150 (C) will to utilized to select the. Consultant. As part of the proposal, Consultant shall include a cost/fee estimate with associated hours for all professional services outlined below in Item III. There will be no n tgotiation of the cost/fee after selection of the Consultant. At a minimum, the cost proposal shall include the tasks shown in Attachment A. II. General Project Description As outlined above, the County is seeking a qualified ROW Acquisition and Appraisal consultant. This project is not federally funded so ROW agents and appraisers do not have to be pre -approved by CDOT. Weld County generally acquires properties in accordance with the Uniform Relocation Assistance and Real Property Policies Act of 1970 ("Uniform Act"). Relocation services are not expected for this project. III. Scope of Services The County expects to have one Consultant to provide the requested ROW acquisition and appraisal services 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 is to be included with the response to this Request for Proposal (RFP) Final ROW plans will be provided to the Consultant who is awarded the contract. The County will provide the copies of title commitments which were obtained when the project design was started. Title commitments older than 90 days shall be updated by the Consultant. It is expected that ROW will be acquired from: 1. City of Thornton (1 parcel) 2. CEM Homes (DBA Clayton Homes) (1 parcel) 3. David F. Waag (2 parcels) 1 If is expected that Permanent Easements (PE) will be acquired from: 1. David F. Waag (2 parcels) It is expected that Temporary Construction Easements (TCE) will be acquired from: 1. City of Thornton (1 parcel) 2. CEM Homes (DBA Clayton Homes) (1 parcel) 3. David F. Waag (1 parcel) 4. Fagerberg Produce (1 parcel) The work required is expected to include appraisal services for all of the ROW acquisition parcels. IV. Pre ject Requirements A. General Qualifications and Requirements 1. 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, and the County as required. Prepare a ROW tabulation of properties detailing parcel number, owner's name, address & phone number, location, area of parcel, 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 conducting appraisals, preparing offer letters, conducting negotiations in good faith, preparing final legal descriptions and exhibits, coordinate 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. The initial title commitments provided by Weld County shall be updated for all ROW and easement parcels that are to be acquired. 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. Legal descriptions shall be prepared under the direction of a Colorado Registered Professional Land Surveyor. 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. Staking for ROW, PEs, and TCEs to be required shall be done by a Colorado Registered Professional Land Surveyor employed by or contracted to the Consultant. Notice of Intent to Acquire shall be delivered to the landowner. The Consultant shall follow the Uniform Act, as much as practical, 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. 2 • 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 by 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 and 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 release, 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 Engineer or Project Manager to be necessary to construct the project. • Provide all labor, tools, equipment, and materials to perform the services. The Consultant shall coordinate with other County Consultants as necessary. 2. The Consultant shall be required 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. 3. The Consultant shall submit monthly pay requests with documentation of hours spent on each individual bid item. The pay request shall be in conformance with Attachment A. B. Appraiser Qualifications and Requirements 1. Appraiser shall be a Certified General Appraiser with extensive verifiable experience in partial acquisition appraisals. The Appraiser shall have extensive and verifiable knowledge of the varying land types, land values, and various farming practices in Weld County. Appraiser does not have to be an approved appraiser on CDOT's Qualified Appraiser List but is preferred. 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: 3 • 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 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. 4 • 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 also 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, agricultural or other irrigation systems, and similar site improvements in a fee take area are appraised at their contributory value to the land. 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. C. Condemnation Proceedings 1 All final offers shall be made to the property owner(s) no later than June 1, 2021. 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 hourly rates outlined in Attachment A and handled on a case -by -case basis. V. Project Schedule (Anticipated) The project schedule currently anticipates the following design phase milestones: 5 • RFP Advertisement September 16, 2020 • Pre -proposal Meeting (mandatory) September 29, 2020 (10:00 A.M.) • Deadline for Questions October 5, 2020 (7:00 A.M.) • Proposals Due at Purchasing October 7, 2020 (10:00 A.M.) • Interviews Conducted (As Needed) October 26 to October 30, 2020 • Contract Awarded (Anticipated Date) November 4, 2020 • Ready for Construction Plans Completed November 30, 2020 • ROW Acquisition December 1, 2020 to July 31, 2021 o Final Offer Deadline June 1, 2021 • Utility Relocation August 1, 2021 to October 31, 2021 • Construction November 1, 2021 to May 31, 2022 VI. 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 any order they choose. • 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 counted in the page count). • 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 curriculum vitae which includes all experience as an expert witness. • A list of similar appraisal contracts which the Consultant has participated in over the last five years. • A list of critical issues that the Consultant considers to be of importance for the project. • Provide ideas or suggestions on how the proposed schedule can be attained. • Provide a scope of work for the proposed Work and list of associated work items required to complete the Work. • Provide a proposed cost and work hours required to complete the scope of work. The cost and work hours follow the example provided as Attachment A. Additionally, hourly rates shall be included for Appraisers, ROW Agents, and Clerical Staff. A unit price for each Appraisal Report shall be included. Hourly rates for expert witness fees charged in condemnation and/or litigation cases shall be included. • 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. • A sample appraisal report including one or more of the following appraisal types: damages to irrigated farmland, damages to agricultural outbuildings, crop damages, etc. • 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. • Limit the total length of your proposal to a maximum of 20 pages. The County will reject proposals received that are longer than 20 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. 6 Vila ProposI Submittal Requirements 1. Due to the Coronavirus Pandemic, all proposals shall be submitted electronically by email or through BidNet Direct. No hardcopies of the proposal will be accepted. 2. If proposals are smaller than 25 MB, they can be submitted by email to bids(c�weldgov.com. 3. If proposals are larger than 25 MB, they can be submitted through BidNet at https://bidnetdirect.com. 4. All proposals are required to be in a PDF format. 5. All proposals must be received by 10:00 a.m. (Purchasing Clock) on the due date. 6. 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. 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 should be directed to: Clay Kimmi, P.E. - Senior Engineer 970-400-3741, ckimmico.weld.co.us 7 ATTACHMENT A Cost Proposal Template Task Description Labor Classification' Subconsultants ($)6 Other Direct Costs (ODC) Total ($)6 Project Manager Right of Way Agent Administrative a b b Add other Labor Classifications as Surveyor CADD Tech N 4-•O4- - -• cn — •v - o CD ® .3 CM70 Ta ec O ca . t 2(623 , U) ® 'o 6n 'O 15 O, c A o c 0 L. " CD C2 .� o o o c'i �� O inI s uw a- 2 E - 73 -ate ma d w CD *la M Q' n a ,C5 -o O O p CJ CJ t �+C O�. .mod .- Hourly Rate Project Coordination & Management2 Team Coordination Monthly Billing Meetings Weekly (Kickoff, Email; Monthly Progress, ROW Acquisition2 Records Review & Data Compilation Update Title Commitments Legal Descriptions (ROW, PE, TOE) Survey Staking (ROW, PE, TCE) Notice of Interest/Intent Value Findings Offers Agreements Closings Mileage (IRS Rate) Appraisals2 City of Thornton CEM Homes Waag — Parcel 1 Waag — Parcel 2 Condemnation Proceedings Other Professional Services Other Professional Services $5,000 Totals? Table Notes: 1. Add as many labor classification columns as needed to show who will be working on the project. For example, labor classifications could include Project Manager, Engineer IV, Engineer III, Surveyor, Clerical Staff, CAD Designer, GIS Tech, etc. a. For each subtask, include the estimated number of hours that each labor classification will be working on the subtask. 2. Provide the total number of hours that all labor classifications will spend working on the subtask. 3. Provide a subtotal for cost for all labor classifications that worked on the subtask. 4. A column can be added for other direct costs (ODC). 5. Add as many subconsultant columns as needed to show which subconsultants will be on the team and how much their fee is. 6. Provide a cost for the subtask by adding the subtotal, ODC, and subconsultant columns together. 7. Provide a summation of each column in the table. 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. RFP Review Scorino: Evaluation Criteria Evaluation Standards Scor-in Weighting Factors Scdr Range Scope of Proposal a ® The objectives. The County. proposal proposed clearly methodology shows an understanding meets the final of results the desired project by the 1 to 5 4.0 4-20/° ° Critical Issues ® 0 The major The proposal issues proposal demonstrates associated offers realistic with the solutions the team project clearly to the understands critical issues. the 1 to 5 4.0 4-20% Project Control ® ® ® ® The The controlled. The Federal The team proposal team team procedures the has has has quality describes described demonstrated demonstrated are of the how used how product. sub its a it where will ability QA/QC -consultant's control appropriate. to process ensure its design costs in that place costs. will State be and to 1 to 5 3.0 3-15% manage Work Location/Familiarity ® ® ® The with The criteria. The team team's the team County. is demonstrated location familiar does with not Weld knowledge affect County the of coordination policies Weld and County design of in the general. project 1 to 5 1.0 1-5% Cost & Work Hours ® ® The reasonable The ensure costs, cost the and work and project work hours, consistent hour goals and estimate are with tasks met. the were contain project presented goals. sufficient in detail a way to that is 1 to 5 8.0 8-40% RFP REVIEW SCORE: 20-100% Interview Review (if Required): Evaluation Criteria Evaluation Standards Work Approach a ® The The team proposed team offered innovative and clearly ideas described for the their project. approach for completing the project Project Qualifications Manager e projects ® The The team's of team's this project project scope manager and complexity. manager has demonstrated adequate qualifications effective and communication a proven skills. track record to complete Quality Presentation of ® The e The ® The team's team's people presentation being use of interviewed audio-visual was clear displayed aids and was easy effective effective. to understand. communications skills. Questions/Answers Session ® The ® The team answers provided provided good by answers the team to the demonstrate questions asked a clear understanding by the selection of committee. the project and the goals. All Evaluation Criteria Must Be Met NOTE: The best value process will be utilized to select the Consultant. There will be no negotiation of the cost/fee after the Consultant is selected. 9 Each scorer will rate the proposals based on the rating scale outlined above. After the scorer has scored each proposal, the individual proposal scores will be totaled. Each scorer'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 proposals have been ranked. After all scorer rankings have been determined, each ranking will be totaled for each proposal based on their respective rankings (1St 2nd, 3rd, etc.) from the scorers. For each scorer, 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. The first ranked proposal will be considered to be the best value for the County. The first ranked proposal may not be the lowest overall cost. 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 scorers 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. 10 AGRE EMENT F PART 3 - PROFESSIONAL SERV R PROFESS0ONA CES AGREEMENT (EXAMP1 F SERVICES BE WEEN WELD COUNTY A NO CONSU TAN FOR BRIDGE REPH _ ACEMENNT PROJECT THIS AGREEMENT is made and entered into this day of , 2020, 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 , [an individual], [a limited liability partnership] [a limited liability company] [a corporation], 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. HE RI! S, 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: 'I. Intrducti•n. 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 B2000179. 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. 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 if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the 11 right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. 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 neeced to accomplish pan orderly termination of the work. County shall be entit ed to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equioment, 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 incomplete at the time of termination shall be marked "DRAFT -INCA :IVIPLETE." 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. Ex°tensllon or Mlothficadon. 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. Compensatoorn/Contraci 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 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 if the sum of the cost amount set forth in Exhibit I. Contactor acknowledges that any work it performs beyond that specifically authrized 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 permit 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. 12 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 13 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 14 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 his 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. 15 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 Contractor 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 Contractor, involving all matters and/or transactions related to this Agreement. The Contractor 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 his or her 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 his 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: Att n . : Address: Address: E-mail: Phone: County: Name: Clay Kimmi, P.E. Position: Senior Engineer Address: 1111 H Street Address: Greeley, CO 80632 E-mail: ckimmi@weldqov.com Phone: 970-381-7977 Don Dunker, P.E. County Engineer 1111 H Street Greeley, CO 80632 ddunker@weldgov.com 970-400-3749 16 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. 17 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. 18 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 2020. 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 Mike Freeman, Chair 19 September 30, 2020 Bid Request No. B2000179, CR 80 and CR 37 Intersection ROW Acquisition and Appraisal Services Project Weld County, Colorado ADDENDUM NUMBER ONE The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: A. Contractor Questions and Responses B. Mandatory Pre -Proposal Meeting Minutes C. County Consultant Expectations D. 60% Plan/Profile and ROW Drawings E. 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. CONTRACTOR QUESTIONS AND RESPONSES Question 1: Is Weld County looking for direct proposals from appraisal firms? Answer 1: Weld County is looking for proposals from teams that include a ROW agent, a surveyor, and an appraiser. It does not matter to Weld County if the ROW agent is the prime consultant and the appraiser is a subconsultant or vice versa. Question 2: Page 6 of the RFP says, "Limit the total length of your proposal to a maximum of 20 pages. The County will reject proposals received that are longer than 20 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." The RFP also requires us to submit a sample appraisal report. Appraisal reports are typically very lengthy, most are in excess of 50 pages. Please confirm that a sample appraisal report will not count against page limit and can be placed in the Appendix. Answer 2: The intent of the sample appraisal is to see the format that the proposing companies will be using. A full appraisal is not required to be included as a sample. Please limit sample appraisals to no more than 4 or 5 pages. The sample appraisal will be included in the 20 page limit. Question 3: Are resumes included in a 20 -page limit or could they be placed in the Appendix? Answer 3: Yes, resumes are included in the 20 page limit. Any items included in an appendix will also count towards the 20 page limit. Question 4: Will the Table of Contents count against page limit? Answer 4: The proposals do not have to contain a table of contents. If a table of contents is included, it will be counted towards the 20 page limit. Question 5: Is the Cost Proposal Template available in Excel? Answer 5: No, the Cost Proposal Template is not available in Excel. The cost proposal template included in the RFP is an example of the minimum items which must be included in the costs. However, the cost proposal template is not all inclusive. There may be other items that the proposer wishes to include in the cost proposal. Question 6: Does the County want the proposal to include how the proposer will coordinate with the County and affected landowners? Answer 6: The County's concern is out of state proposers may not be able to provide the level of service that will be expected of our consultants. Therefore, all proposals have to include how the proposers will coordinate with the County and affected landowners. Question 7: What is the reason for the project? Answer 7: The railroad is closing CR 37 at Hwy 85 and CR 78 at Hwy 85. Due to the closures, safety improvements are required at CR 80 and CR 37 as well as CR 80 to the west of CR 37. Question 8: The Fagerberg property is located about a half mile west of the CR 80 and CR 37 intersection. What is the reason for the temporary construction easement on the Fagerberg property? Answer 8: As part of the project, CR 80 will be paved from CR 37 west to the end of the existing asphalt. It is anticipated that a small temporary construction easement will be required on the Fagerberg property where the project ties into the existing asphalt. Question 9: What kind of ROW is existing? Answer 97: The existing ROW along CR 37 north and south of CR 80 was granted through the 1889 resolution and is 30 feet either side of the section line. The existing ROW along CR 80 west of CR 37 was granted through the 1889 resolution and is 30 feet either side of the section line. The existing ROW along CR 80 east of CR 37 was granted through the 1889 resolution and is only 30 feet on the north side of the section line. No ROW exists on CR 80 south of the section line. Question 10: How does the County anticipate acquiring the ROW for this project? Answer 10: It anticipated that the County would acquire the ROW in fee for this project. It anticipated that a warranty deed would be obtained for the ROW. Question 11: Will any ROW or easements be acquired from the Eaton Ditch? Answer 11: As far as the County is aware, the Eaton Ditch exists in a prescriptive easement and is not owned in fee by the Ditch Company. The City of Thornton owns the land on which the ditch is located. The ROW is anticipated to be acquired from the City of Thornton. Question 12: There are several overhead utility poles located at the intersection of CR 80 and CR 37. Are any additional easements required for the relocation of these overhead utilities? Answer 12: Based on title work obtained by Weld County, the overhead utilities are not located in easements. They are located in the ROW. The utilities will be responsible for relocating their infrastructure at their own cost. Easements for the overhead utilities are not anticipated. However, on the east side of CR 80 on the Waag properties, CenturyLink has an existing easement for a telephone line. Two permanent easements are anticipated to be acquired in order to replace the CenturyLink easement. Question 13: Are there any plans available for review? Answer 13: The 60% plan and profiles for the roadway improvements and the 60% ROW plans are included with this addendum. Question 14: Page 6 section VI asks for "A list of similar appraisal contracts which the Consultant has participated in over the last five years." Does the County wish to see only appraisal contracts, or contracts involving appraisal as well as ROW acquisition? Answer 14: The County wishes to see both appraisal contracts and ROW acquisition contracts. Prepared By: Clay Kimmi, P.E. Senior Engineer B. B20 0179 CR 80 and CR 37 Intersection Project R W Agent & Appraiser RFP Mandatory Pre -Bid Meeting Minutes September 29, 2020 Dial -in Number 1-720-439-5261 Conference ID 686629732# 1. Sign -in Sheet a. Need to send Clay Kimmi an email at ckimmi@weldgov.com in order to be considered present for the mandatory pre -proposal meeting. In order to be considered in attendance, I have to have an email by the 4 p.m., today. 2. Project Description/Location a. The project in general consists of assisting the County in the acquisition of four parcels required for the project and the associated appraisals. Also, will include the acquisition of permanent easements and temporary construction easements. b. Project is located at the intersection of CR 80 and CR 37. 3. Project Requirements a. The selection for the Consultant will be based on the County's Best Value Process outlined in Chapter 5, Section 5-4-150(C) of the Weld County Code. b. Price is a factor in the Best Value Process and pricing has to be provided as part of the RFP response. There will be no negotiation on price after the Consultant has been selected. c. There is no federal money in this project, however, the Consultant will be expected to follow the Uniform Act as much as possible. d. No relocations are anticipated for this project. e. Consultant teams are expected to include a ROW agent, a surveyor, and an appraiser. The ROW agent and appraiser do not have to be CDOT certified but it is preferred. f. Consultant teams may be an acquisition specialist with appraisers as subconsultant g. The RFP outlines all of the expectations for the Consultant and their team. Note that there is surveying work to be done and the County will not be using our surveyors to complete this work. h. Condemnations are not expected but if there are properties that end up in condemnation, the Consultant and applicable subconsultants will be expected to assist with the proceedings at an hourly rate outlined in the cost table. i. 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 can be emailed to bids©weldgov.com. If the proposal is larger than 25 MB, it has to be uploaded to https://www.bidnetdirect.com. b. See the RFP document for items to be included in the proposal. c. Proposal limited to 20 pages d. Resumes, sample plan sheets, and a completed Attachment A count towards the page limit e. Must state willingness to sign the Weld County Professional Services Agreement (sample provided on pages 10-17 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 a consultant is selected, Weld County will not change the agreement. f. Note the insurance requirements for the job (pages 13 and 14 of RFP) g. Make sure to spell check and proofread your proposal multiple times. Remember, these proposals are representations of your team's professionalism. 5. Selection Process a. Using the County's Best Value process. b. The scoring criteria has been outlined on page 9 of the RFP document c. Low bidder does not get necessarily get the contract. Cost is a factor in the scoring, but other factors will be reviewed by Weld County Review Committee. 6. Anticipated Project Milestones Date a. Pre -proposal Meeting (mandatory) September 29, 2020 (10:00 A.M.) b. Deadline for Questions October 5, 2020 (7:00 A.M.) c. Proposals Due at Purchasing October 7, 2020 (10:00 A.M.) d. Interviews Conducted (As Needed) October 26 to October 30, 2020 e. Contract Awarded (Anticipated Date) November 4, 2020 f. Ready for Construction Plans Completed November 30, 2020 g. ROW Acquisition December 1, 2020 to July 31, 2021 i. Final Offer Deadline June 1, 2021 h. Monthly progress meetings will be held at Public Works or via Skype — 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 b. Deadline for asking questions is 7 a.m., Monday, October 5, 2020 c. Final Addendum will be posted by 5 p.m., Tuesday, October 6, 2020 8. Addendum 1 a. Go over questions received since the RFP was posted to BidNet. b. Open the meeting for questions and answers that will be incorporated into Addendum 1 C. 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! D. 60% Plan/Profile and ROW Drawings See Separate PDF files. E. 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 CITY, STATE, ZIP CODE TELEPHONE NO SIGNATURE E-MAIL DATE FAX TAX ID # 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. a a " 4 A a / 56+00 a .p . -co 4 4 NI 10:159f MA TCH EX rMA TCH EX. STA: 56+38. 64 -OFF: ELEV 4911.001 - EX. BU/LD/NG • / MA TCH EX STA: 56+38.15 OFF: 16.5' LT ELEV= 4911.08.1 X11 101 MATCH �W D•' s/ ._ _ fib' MA TCH EX. I �S'C1: 56-(38.64% OFF -&2' RT ELEV= 491p 59± LOT A OWNER: FA GERBERC PRODUCE, /NC PARCEL NO. 070713000056 4 a. 4 49133RO 4914 - EGIN CROWN TRANSITION STA: 59+'66.61 OFF: 23.8' LT ELEV= 4917.06 PI STA: 57+15.87 AFF:20.4' RT ELEV= 4911.91 SCALE: HORIZONTAL: VERTICAL: 4920 4910 4900 ...-LOO U••--P—T-811:- -56+58..00- 122-=-50' tai tN PT EtE-V.~.._..A:9.%1-:1-7-. � ._.._.._«._.. --t..�... _.1._.._.__.....1..0._..__.__.,x_ _._..._._ P34 STA:..: 7+-bQ_0.0 _ c� _tri g _ _ __..-.FV1_...Et1=�11 499.1_.92._..__..._a .._.._ _.__ in C . .w _ _ _K:14 2 8.6__ __. _ _ _ _ .-}--„- . ' �....________ ,�.. tr ..u0. 1.._. - i . • 0 4-32t-. nom • 4890 Ol dO- ___ 56+00 I 57+00 Computer File Information Creation Dale: 6/25/2020 Initials: CWK Last Modified Date: 9/14/2020 Initials: CWK Full Path: H.121415.00GRCVIPLANSISHEETS160% Drawing File Name: PP01.dwg AutoCAD Version: 2018 Scale: 1'1=50' Units: Feel Date: J OWNER: PARCEL <t - I LOTS CITY OF THORNTON NO. 070712000057 PROPOSED 11" 18" HERCP IRRIGI TI0N PIPE 4914 GY 39.7j. S. L/NE, SE .1/4, SEC 13, T7N, R66kt; 6 TH Rat/. //`..'fir F�_� (IR ///�� TN4.-.fSV aCE %C. i 4.. X-1,571 -GRADE Pr --ROW r 1 IEND CROWN TRANS STA: 61+06.63 0FF:26.9' LT EL =49 P --' g�6 4913 - --R:a 1:: -4915 PI STA: 59+5122 0FF:1.6.0' RT ELEV= 491-6.17 484: 17.221-- I - S -04.47.7.2___.____-. :.E _ LE. 4919-5 r5 -:0t_. ..wane etea _ 4916 . -_ aO.' = UNPLA TIED CITY OF THORNTON EL NO. 070724000021 PR.ORO:S.ED TERLIELESUREACE a.eaa._., au...- rtam_a.mm.....w.aaw.__..............._._..__«.,_......«_ PROP 0$E-11 CL GRADE s Ora- athr 59+00 C'1, tict C�- _Es2. _ _ _ _— f.., 60+00 61+00 25 0 25 50 . _ SCALE IN FEET 4920 4910 4900 a.,._..__._ h..t,�.---.. , .�.. _ . ,,�ccAA -__ 1A r z...«...__.__..«__ —to_ _...n1cd, 111 .cry v- 4890 62+00 62+50 DREXEL, BAR RELL & CO ENGINEERS -SURVEYORS 710 11th Avenue GREELEY, CO. 80631 Drexel, Barrett .e- Co. s:,..-≤Gi:*rr3ris Sir‘o- 049 WELD COUNTY PUBLIC WORKS DEPARTMENT 1111 H. STREET P.O. BOX 758 GREELEY, CO. 80632-0758 PHONE: (970) 356-4000 FAX: (70) 304-6497 As Constructed No Revisions: WCR 80 & 37 INTERSECTION ROADWAY PLAN & PROFILE WCR 80 Project No./Code GR-60 Revised: Designer: CWK 60% CD Void: Detailer: MAB WCR 80 STA: 55+50 - 61+50 21415-00 GRTR Sheet Subset: ROAD P&P Sheet Subset 1 OF 5 Sheet Number 53 of PI STA: y •Fi• ] •. .1 ,�-,4%>-,. +!.dr,•`:t,.; ti• iy ,,:.{:' _� . �._� �. '= �tiL,ti?'< •. `"s' •T.; 1: rJ '4.\ � •^ :, r. �; L,• 4'Y. •a , �. Y: i S. y.. L :. . n Y:•- t :—':;- l� '\ 63+36.81 OFF: 32.0' LT .: -• - - . y `Y r,.{ L•K. .LM•S. iet •,r •. 1:, . :....._� s,,,<<�;:��.�a..,-r:�'��:•,:,. a�� ,,,;_•_ t •'' '�rr.ah a �` i s+•<< 'rv'rdAJ :.4j:. .s 'N• ♦ `y > .;. Y{'Cr} �.. L J,r �! , ,; �;�ELEV � :. ,. , r ,• , , {.;..i.,,;::• �1'.i.•:t. ., .; •1.� •y.:?. 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BOX 758 Revised: Designer: CWK g 60% CD 21415-00 GRTR Drawing File Name: PP01.dwg _ _ - •.Drexel, Barren St. Co. 7 „,;� , I + L �� % ` GREELEY, CO, 80632-0758 PHONE: 970 356-4000 Detwiler: MAB WCR 80 STA: 61+50 — 67+50 Sheet Number 54 of Void: „_ AutoCAD Version: 2018 Scale: 1"=50' Units: Feet - _ - ,re..nt ..I ♦--r;ert. ,n.6v.nlr,r faNi'>r. S;n..:,,y s' - µ' �, O'v 'a ;::. FAX: (970 304-6497 > Sheet Subset: ROAD P&P Sheet Subset: 2 or 5 Computer File Information PT STA: 69+8 OFF: 95.5' ELE V= 490h HIGH PT S.TA:..-6'6-$49.0 HIGH PT __ ___ __ o CL INTERSECTION/SEC. 1/4 ROADWAY CENTERLINE WCR 80 STA: 70+00.00 DEVIATES FROM WCR 37 EQUAL STA: 20+00.00 SECTION LINE EAST ELEV=4900.50 OF INTERSECTION PC STA: 70+78.55 OFF: 27.8' LT CENTERLINE PI ELEV= 4898.08 STA: 72+22.32 OFF: 0.0' UNPLA TIED OWNER: DARRELL FRANK WAAG PARCEL NO. 070918000005 PI STA: 72+79.63 OFF: 20.0' LT ELEV= 4894.99 PI STA: 73+88.47 OFF.18.0' LT ELEV= 4894 52 1 � EX EDGE GRA VEL ROAD SCALE IN FEET PC STA: 71+26.99 OFF: 22.9' RT ELEV=4897.12 PVI ST :...6.6L0.0-.00 - PVI ELEV ' 4907 54 um, 0 -- •- x"1O .._ . T......_,.. _: f 4910LVq:-3fl790 - r mr -n-cry RCP C U L V E 4_______......._ --.,,�__.. ....._.- @ _----o_.__ -2:0=-1- S TA : 69 + (4.OGr.. ._ .. ..~.,'.- - -. . -o..� N V. = 4894: 80.-.--.____...____-. ----- -w- - - e-.o-� Al) ..�..n PR. .._._....-.... ............. ... • ». ^-'.+-. ,.....R Creation Date: 6/25/2020 Initials: CWK Last Modified Date: 9/14/2020 Initials: CWK Full Path: H:121415-0OGRCVIPLANSISHEETS16O% Drawing File Name: PP01.dwg AutoCAD Version: 2018 Scale: 1"=50' Units: Feet 70+00 Index of Re Date: Commen • PI STA: 72+28.76 OFF: 28.0' RT ELEV= 4895.37 WN AR % RANK WAAG O. 070918000007 MA TCH EX.J STA: 75+00.00 OFF: 0.0' ELEV 4895.25± ." . _ W _.. .� __--.__-_..... EX GE,N ZERDNE—.SURF_ .. _ _ __.._.... MAKC.�. GEm_..._STA.;:._...,75+0a': DO MA TCH EX STA: 75+00 00 OFF 9.3' RT ELEV 4894.94E - - 94.i —HORIZONTAL: ._.. .17:VER.`ITC. L: i . Lsl_ _ • •• •r n� cn cn- cn 0O CO d--- --- J 0)— ..•__ 72+00 73+00 74+00 75+00 75+50 DREXEL, BAR RELL & CO ENGINEERS -SURVEYORS 710 11th Avenue GREELEY, CO. 80631 Drexel,-Sarreit St. Co. 'fr1'1Uaa: 5_ry:Ce 4. /:.n CYsr;-e P..Pns3s Si hib 24.0' WELD COUNTY PUBLIC WORKS DEPARTMENT 1111 H. STREET P.O. BOX 758 GREELEY, CO. 80632-0758 PHONE: (970) 356-4000 FAX: (970) 304-6497 As Constructed No Revisions: Revised: Void: WCR 80 & 37 INTERSECTION ROADWAY PLAN & PROFILE WCR 80 Designer: CWK Detailer: MAB Sheet Subset: ROAD P&P 60% CD WCR 80 STA: 67+25 - 73+50 Sheet Subset: 3 OF 5 Project No./Code GR-60 21415-00 G RTR Sheet Number 55 of Computer File Information Index of Re MA TCH EX STA: 15+40. 00 OFF: 0.O' ELEVr4903.58± SCALE: 14+50 15+00 Creation Date: 6/25/2020 Initials' CWK Last Modified Date' 9/14/2020 Initials CWK Full Path: H 121415-00GRCVVPLANSISHEETS160'h Drawing File Name PP02.dwg AutoCAD Version: 2018 Scale: 1"•=50' Units: Feet WELD COUNTY Date: PI STA: 16+91,16 OFF: 16.0' LT MA TCH EX \ STA: 15* 40.00 \ OFF 12.4' RT \ t ELEV=4903.44-±- UNPLA TIED PC STA: 18+70.48 OWNER: DARRELL FRANK WAAG OFF:16.0' LT PARCEL NO. 070918000005 ELEV= 4900.83 E LINE, SE 1/4, SEC. 13, T7/V, R66W, 6TH P.M 4897 PI STA: 16+06.23 OFF:16.0' RT ELEV= 4902.51 LOT S OWNER.• CITY OF THORNTON PARCEL NO. 070713000057 LOW PT STA, 17+4&,68 LOW PT ELEV: 490-1.76 PVI STA 16+51.:.1$ . "....._ PVI ELEV-: 4902.24 5:2.8.5 LVC: 195.OD Commen - �i SI.IRE.AG'E PC STA: 19+04.53 OFF:16.0' RT ELEV=4900.66 PT STA: 19+70.23 OFF: 77.8' LT ELEV= 4898,08 PCC STA: 19+45.13 OFF: 35.9' LT LEV=4899 OFF: 40.8 -r -MT ELEV=4900.0 CL INTERSECTION WCR 37 ST.: 20+=�' WCR 80 EQUAL 2ND AMENDED RE -DEB EXEMPTION NO. `'!}'07-73- 4-RE926 PROPOSE -Di- -- - . CI O - ..Mt a 0O DREXEL, BAR RELL & CO ENGINEERS -SURVEYORS 710 11th Avenue GREELEY, CO. 80631 DBC Drexel, Barrett & Co. 7Na'fli !n ss...Nas. Tneo•i!a'ir frprn e.'i ,$.0,,,{ .i•4 T ��' :>. 9+68.15 FF: . 2RT 903.40 .- 1 ROPO5' P IcENTCRUNE - st rAtE -- ... _. . omen. „. ..._. ants PUBLIC WORKS DEPARTMENT 1111 H. STREET P.O. BOX 758 GREELEY, CO. 80632-0758 PHONE (970) 356-4000 FAX (970)304-6497 PROP a 6ED 18" RCP r, C--21)±20:070.7 ..._.: ; 4 8 9 0 E. EV=4895.00 As Constructed No Revisions* Revised: Void' 20+00 20+50 Project No./Code WCR 80 & 37 INTERSECTION ROADWAY PLAN & PROFILE WCR 37 Designer: CWK Detailer: MAB Sheet Subset: PROFILE 60% CD WCR 37 STA. 14+50-20+00 Sheet Subset: 4 OF 5 SCALE IN FEET GR-60 21415-00 GRTR Sheet Number 56 of PCC STA: 20+48.21 OFF: 38.6' LT ELEV=4899.04 PCC STA: 20+36.80 OFF:44.4' RT ELEV=4899.78 PT STA: 20+16.10 _ _ __ _ - OFF: 85.0' RT .._------------ - - _ .C:D7�;q _ _ OWNER. CMH HOMES, INC ELEV=49.0;2;58 � =' �� _� .�.�. -- f PARCEL Na 07072410000 PC STA: 20+87.14 OFF:16.0' LT UNPLA TIED ELEV=4899.67 OWNER: DARRELL FRANK WAAC PARCEL NO. 070919000007 `9 4893 i+a\l� w a�1�. Pr -ROW Pr -ROW Pr - E L/NE, SE 1/4, SEC. 13, PI STA: 24+41.56 T7N, R66W< ' 6TH PM. OFF:16.0' RT PC STA: 21+24.69 --ELEV=4896.50 OFF:16.0' RT -RICH--•P T-- S;A:- 2P+22-:50- _-w_. - • G H HIP TµtttV:.w_490.�. 39_._ - —t- •PV1._...STA.w.2--1—±- -0:00 P-Vr--ELEV:-. 4899...9.O..._....._.. w._w...w-_� a "-.- .-.••"•••...._.......... .. ... _ _..-a. I I� w� . w . w _t VC:_.`t-95 ( 6 - _w w _ w_ww_wwww._.t,_,.._. w„ �r .w w - -- - • w •.ww_w..+ (35 . ic ..._ww.w..w.._..._.._.w.w_,_.........��........�,..tJ..��r_ �j-_ --------- 20+50 21+00 Computer File Information Creation Date: 6/25/2020 Initials: CWK Last Modified Date: 9/14/2020 Initials: CWK Full Path: H:121415.00GRCVIPLANSISHEETSt60% Drawing File Name: PP02.dwg AutoCAD Version: 2018 Scale: 1"=50' Units: Feet Index of Re Date: Commen --L-0-W._•-RT STA: fi.. V: P -VI -EST = x _.._...._ __ PVC : V: .1- •••••• _ w.w... _w_..'_'_t __""' w..w......___w... _.._..._d_. EXIS .GL GRA ria -•--PROR08•EC >_...OE "-GRADE- t _ - :<. %1FFTF �._�it •••••••.....�. �w __pa _Do _.. _. ___x"`'100.,_•� -_1± w [_ Pr-RO MA TCH EX STA: 25+ 00.00 OFF: 12.8' RT ELEV=4896.1 - RECORDED EXEMPT/ON NO. 0707-24-01 RECX1 7- 0133 SCAL€:- .. w CEI20. TttE o.--VERTFCAL:------'• 1L ....�..._. .w.w.w__ww�..w._ -PROPtSED--CEN-TERLII�}E SURFACE - _._ _. _ 23+00 24+00 DREXEL, BAR RELL & CO ENGINEERS -SURVEYORS 710 11th Avenue GREELEY, CO. 80631 Drexel, Barrett & Co:-.: ran:;•ea si a-.:ces th.4. tat:#e LOIPaoes Sows it -'Y WELD COUNTY 25+00 As Constructed PUBLIC WORKS DEPARTMENT 1111 H. STREET P.O. BOX 758 GREELEY, CO. 80632-0758 PHONE: (970) 356-4000 FAX: (970) 304-6497 No Revisions: Revised: Void: 1t RC MATCH EX STA: 25+00.00 -OF 16�CLT ELE V= 4895:95S EX HOUSE WCR 80 & 37 INTERSECTION ROADWAY PLAN & PROFILE WCR 37 Designer: CWK Detailer: MAB Sheet Subset: ROAD P&P Project No./Code 60% CD WCR 37 STA: 20+50 - 26+00 Sheet Subset: 5 OF 5 SCALE IN FEET GR-60 21415-00 GRTR Sheet Number 57 of RIGHT-OF-WAY MAP WCR 80 & WCR 37 TAX PARCEL NO. 070713000057 070713000056 070724100001 070724000021 070724000022 070724100002 070918000004 TITLE COMMITMENT FILE NO. EFFECTIVE DATE 19295UTG AMENDMENT NO. 1 MARCH 26, 2020 AT 8:00 A.M. 19293UTG AMENDMENT NO. 1 MARCH 26, 2020 AT 8: 00 A.M. 070918000005 070918000006 070919000007 19287UTG AMENDMENT NO. 1 MARCH 18, 2020 AT 8:00 A.M. 19290UTG AMENDMENT NO. 1 MARCH 25, 2020 AT 8:00 A.M 19292UTG AMENDMENT NO. 1 MARCH 26, 2020 AT 8 19289UTG AMENDMENT NO. 1 MARCH 18, 202D, AT 8: ��. A.M. 193000TG AMENDMENT NO. 1 APRIL -7' 2020 AT 8: 00 A.M. 19301 UTG AMENDMENT NO. 1 19302UTG AMENDMENT .NQ. 19303UTG AMENDM' S, -a1 t '2020 AT 8:00 At'RIL 13, 2020 AT 8:00 A. APRIL 13, 20 A.M. LOCATED IN SECTIONS 18 AND 19, T7N, R65W OF THE 6TH P.M., AND SECTIONS 13 & 24, T7N, R66W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. NOTTS HORIZONTAL CONTROL WAS ESTABLISNIU FR60 NGS POINT HORA AND NGS POINT D 262. A COMBINED SCALE FACTOR OF 0.999739384 WAS APPLIED TO THE PUBLISHED COLORADO NORTH ZONE NAD 83 (2011.�TT�RLANE COORDINATES TO DETERMINE GROUND POSITIONS. 2. BEARINGS SHOWN HEREO 13, T7N, R66W OF HEREON. 19) 3. APPARENT EASEM NTS AND RIGHTS -OF -WAY SUCH AS ROADS, DITCHES, VISIBLE SURFACE FEATURES AND EVIDENCE`', OF UTILITY LINES AND FACILITIES, OVERHEAD UTILITY LINES AS MAY BE INDI_cATED ON THIS MAP, ARE SHOWN FROM FIELD LOCATION AND MAY INDICATE A REAL PRO..TY�:RIGHT." NO ADDITIONAL RESEARCH WAS COMPLETED. 4. RECORD DISCQSEY= TABte FOR ASE ON THE SOUTH LINE OF THE SE1/4 OF SECTION 'SEARS S89'24'39"W AS MONUMENTED AND SHOWN ANTS AND RIGHTS -OF --WAY, IF ANY, ARE SHOWN ON THIS MAP AS T$LE COMMITMENTS PREPARED BY WESTCOR LAND TITLE COMPANY. SEE FORMATION. NO ADDITIONAL RESEARCH WAS COMPLETED. et% 5.l.S �+4' IS NOT A LAND SURVEY PLAT, A MONUMENTED LAND SURVEY OR AN MENT SURVEY PLAT ACCORDING TO COLORADO REVISED STATUTES. D WORK WAS COMPLETED ON AUGUST 21, 2020. EAR DIMENSIONS SHOWN ON THIS MAP ARE U.S. SURVEY FEET. NOTICE ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. SURVEYOR'S CERTIFICATE I, ROY MOESSER, A DULY REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS RIGHT OF WAY MAP AND THE FIELD SURVEY UPON WHICH IT IS BASED WERE MADE UNDER MY RESPONSIBLE CHARGE, IS BASED ON MY KNOWLEDGE, INFORMATION, AND BELIEF, IS IN ACCORDANCE WITH APPLICABLE STANDARDS OF PRACTICE, AND IS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED. ROY MOESS COLORADO LAND SURV CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES Computer File Information Creation Date: 6/17/2020 Initials: CWK Last Modified Dale: 9/14/2020 Initials: RM Full Path: Drawing File Name: AutoCAD Version: 2019 Scale: 1"=50' Units: Feet Index of Rev!l Date: W rnStMs, CIVILAPTS WELD COUNTY PUBLIC WORKS DEPARTMENT 1111 H. STREET P.O. BOX 758 GREELEY, CO. 80632-0758 PHONE: (970) 356-4000 FAX: (70) 304-6497 As Constructed No Revisions: Revised: Void: WELD COUNTY ROAD 80 & 37 INTERSECTION RIGHT OF WAY MAP Designer: RM Detailer: RM Sheet Subset: SC01 60% CD Sheet Subset: Project No./Code GR-60 Sheet Number 112 of RIGHT-OF-WAY MAP WCR 80 & WCR 37 LOCATED IN SECTIONS 18 AND 19, T7N, R65W OF THE 6TH P.M., AND SECTIONS 13 & 24, T7N, R66W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. S1/4 COR. SEC. 13 T7N., R66W., 6TH P.M. FOUND #6 REBAR W/ 2-1/2" ALUM. CAP MK D. "INTERMILL LAND SURVEY LS 12374 1996" 0.6' BELOW ASPH. SURFACE IN MONUMENT BOX. O r7 0 r) R -O -W MAP SCALE: 1"= 50' 2ND AMENDED RECORDED EXEMPTION NO. 0707- 73-4-RE926 REC. 2390247 LOT A FAGERBERG PRODUCE, INC. PARCEL NO. 070713000056 TEMPORARY - CONSTRUCTION EASEMENT T N89 24'39 "E 115.43' N NOO°35'21 "W__ 30.00' LINE TABLE LINE # DIRECTION LENGTH Ll L2 L3 L4 N00'35'21 "W 500'35'21"E N00°35'21 "W N89'24'39"E 20.00' 4 1 16.60' 20. Computer File Information Creation Date: 6/17/2020 Initials: CWK Last Modified Date: 9/14/2020 Initials: RM Full Path: Drawing File Name: AutoCAD Version: 2019 Scale: V=50' Units: Feet Date: Index of Re Comments UNP; CITY PARCE• 0 N w • LOTS CITY OF THORNTON PARCEL NO. 070713000057 NT 000021 CIVILA2 4 ,745 N82'57>139"E WELD COUNTY SW 076.94' O (S. LINE SE1/4, SEC. 73) 1106.90' S89'24'39"W 2707.86' (BASIS OF BEARINGS) TEMPORARY / CONSTRUCTION / EASEMENT N8924'39t 117.32' N89'24'39"E 579.33 // / / / / /. l/ya - PERMANENT RIGHT —OF— WAY a a 4 CM. \ S.. S aL.)1-, of c- :;'' 30110 f3 -'EMBER 14,,:2 L4 tn SEE SHEET X CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES PUBLIC WORKS DEPARTMENT 1111 H. STREET P.O. BOX 758 GREELEY, CO. 80632-0758 PHONE: (970) 356-4000 FAX: (970)304-6497 As Constructed No Revisions: WELD COUNTY ROAD 80 & 37 INTERSECTION RIGHT OF WAY MAP Project No./Code GR-60 Revised: Void: Designer: RM Detaller: Sheet Subset: RM SC01 60% CD Sheet Subset: Sheet Number 113 of RIGHT-OF-WAY MAP MATCH LINE s WCR 80 (Sc WCR 37 LOCATED IN SECTIONS 18 AND 19, T7N, R65W OF THE 6TH P.M., AND SECTIONS 13 & 24, T7N, R66W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. J SEE SHEET X L4 TEMPORARY CONSTRUCTION EASEMENT O g� i LOTS CITY OF THORNTON PARCEL NO. 070713000057 N89 24'39"E 384.94' R- O- W MAP SCALE: 1"=50' - PERMANENT RIGHT-OF-WAY 11 0 us oc LP. 2ND AMENDED RECORDED EXEMPTION s NO. 0707-73-4 RE926 N89'24'39"E 579.33' WELD COUNTY ROAD 80 (60' ROW) LINE TABLE LINE # DIRECTION •' LENGTH L3 N00'35'21 "W 20 L4 N89'24 9' L5 . SO0'35'2 L26 N12 L27 S1 L28 Computer File Information Creation Date: 6/17/2020 Initials: CWK Last Modified Date: 9/14/2020 Initials: RM Full Path: Drawing File Name: AutoCAD Version: 2019 Scale: 1"=50' Units: Feet Index o Date: f Comments, f Rev 75 0.22' 10.34' nt 1106 UN CITY PARCEL CIVILARTS REC. 2390241 (S. LINE 1/4, SEC. 13 4'39" 2707.86' BASIS OF BEARING Ton - L26 021 WELD COUNTY PUBLIC WORKS DEPARTMENT 1111 H. STREET P.O. BOX 758 GREELEY, CO. 80632-0758 PHONE: (970) 356-4000 FAX: (970) 304-6497 CL L27 -- SE COR. SEC. 13 T7N., R66W., 6TH P.M. FOUND #6 REBAR W/ 2-1/2" ALUM. CAP MKD. "LS 30462 2001" 0.8' BELOW ASPH. SURFACE IN MONUMENT BOX. 187.77' M PERMANENT RIGHT -OF- WAY //151.38' N89'24'39"E 87.12 N89 24'39 '£ 79.46' TEMPORARY CONSTRUCTION EASEMENT LOT A CMH HOMES, INC. PARCEL NO. 070724100001 As Constructed No Revisions: b N Q 0 O (a 0 30' 30' 30' 30' MATCH LINE SEE SHEET X CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES WELD COUNTY ROAD 80 & 37 INTERSECTION RIGHT OF WAY MAP Project No./Code GR-60 Revised: Void: Designer: RM 60% CD Detailer: RM Sheet Subset: SCO1 Sheet Subset: Sheet Number 114 of MATCH LINE /, x' I- ' W LU W COR. SEC. 13 R66W., 6TH P.M. 1D #6 REBAR W/ ALUM. CAP MKD. 50462 2001" 0.8' SPH. SURFACE IN MONUMENT BOX. 187.77' PERMANENT RIGHT--OF-WAY \ 38' 37.12 R -O -W MAP SCALE: 1"= 50' N O CC o QZ O v 30' 30' Computer File Information Creation Date: 6/17/2020 Initials: CWK Last Modified Date: 9/14/2020 Initials: RM Full Path: Drawing File Name: AutoCAD Version: 2019 Scale: 1"=50' Units: Feet 30' 30' Date: 15' MOUNTAIN STATES TELEPHONE AND TELEGRAPH EASEMENT REC. 2243867 0 14, Index of Rev Comments. UNPLA TTED DARRELL FRANK WAAG PARCEL NO. 070918000005 MPORARY CONSTRUCTION EASEMENT S NTY ROAD 80 PERMANENT RIGHT -OF- WA Y S88 *51'45 "E 410.00 RIGHT-OF-WAY MAP WCR 80 & WCR 37 LOCATED IN SECTIONS 18 AND 19, T7N, R65W OF THE 6TH P.M., AND SECTIONS 13 & 24, T7N, R66W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. LINE TABLE # DIRECTION LENGTH L9 N01'08'15"E 30.00' L10 NO1'08'15"E 10.00' L11 N88°51'45"W 80.51' L16 S45°26'55"E 48.52' L17 S53'54'25"E 65.45' L18 S70°42'59"E 69.22' 1352.90' 7 L�6 0 MATCH LINE CALL UTILITY NOTIFICATION CENTER OF COLORADO SEE SHEET X CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES WELD COUNTY As Constructed PUBLIC WORKS DEPARTMENT No Revisions: 1111 H. STREET P.O. BOX 758 Revised: GREELEY, CO. 80632-0758 PHONE: (970) 356-4000 FAX: (970) 304-6497 I Void: WELD COUNTY ROAD 80 & 37 INTERSECTION RIGHT OF WAY MAP Project No./Code GR-60 Designer: Detailer: Sheet Subset: RM RM I60%CD SCOT I Sheet Subset: Sheet Number 115 of RIGHT-OF-WAY MAP WCR 80 & WCR 37 LOCATED IN SECTIONS 18 AND 19, T7N, R65W OF THE 6TH P.M., AND SECTIONS 13 Sc 24, T7N, R66W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. MATCH LINE SEE SHEET UNPL A T TED CITY OF THORNTON PARCEL NO. 070918000004 S85.58'30"E 376.47' L4RIMER �& WELD / IRRIGATION CANAL UNPL A T TED / DARRELL FRANK WAAG / PARCEL NO. 070918000005 1_///////// WELD COUNTY ROAD 80 (S. LINE SW1/4, SEC. 18) UNPL A T TED DARRELL FRANK WAAG PARCEL NO. 070919000007 R -O -W MAP SCALE: 1"=50' Index of Rev14 LINE TABLE LINE # i DIRECTION LENGTH L19 N84'56'03"E 27.41' L20 S00'01'39"E 40.03' S89'00'30"E 115.48' N00'01'39"W 70.04' CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES Computer File Information Creation Dale: 6/17/2020 Initials: CWK Last Modified Date: 9/14/2020 Initials: RM Full Path: Drawing File Name: AutoCAD Version: 2019 Scale: 1'=50' Units: Feet Date: Comments. CIVILART WELD COUNTY ..� ,6 S.,04 PUBLIC WORKS DEPARTMENT 1111 H. STREET P.O. BOX 758 GREELEY, CO. 80632-0758 PHONE: (970) 356-4000 FAX: (970) 304-6497 As Constructed No Revisions: Revised: WELD COUNTY ROAD 80 & 37 INTERSECTION RIGHT OF WAY MAP Designer: RM Void: Detailer: RM Sheet Subset: SCOI 60% CD Project No./Code GR-60 Sheet Subset: Sheet Number 116 of RIGHT-OF-WAY MAP WCR 80 & WCR 37 LOCATED IN SECTIONS 18 AND 19, T7N, R65W OF THE 6TH P.M., AND SECTIONS 13 & 24, T7N, R66W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. MATCH LINE * N SEE SHEET X RECORDED EXEMPTION NO. 0707-24-01 RECX 7 7- 0133 LOT A CMH HOMES, INC. PARCEL NO. 070724100001 L23 r L25 LINE TABLE LINE # DIRECTION LENGTH L21 N8928'37"E 10.00' L22 N89'28'37"E 40.00' L23 N00'31'23"W 12.87' L24 N89'28'37"E 20.00' L25 N89'28'37"E 10.00' R- O- W MAP SCALE: 1"= 50' REC. 4356607 50031'23"E 500.00' 1321.87' L21 TEMPORARY CONSTRUCTION EASEMENT SO031 '23°E 500.00' WELD COUNTY ROAD 37 (60' ROW) P PERMANENT RIGHT -OF - A WAAG 0919000007 0 NO0'31 '23 "W r m-0 11-10 > O O V) 0 ZM m ZO0Q -1 > O Z U) 24) 1321.87' > Z O o C z mOD n0Z ,3U) 1,3 D _-� COmumi D mr m.o z 0 z m 30' rn rn LO CO 0 w 0 • • CAN a24., ji, C� •• CD `� -t I40 J' s ) a t. 30110 i •,( ". as . A V 3 �. LMT ,� N co 30' \I 30' SEE SHEET X w O CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES Computer File Information Creation Date: 6/17/2020 Initials: CWK Last Modified Date: 9/14/2020 Initials: RM Full Path: Drawing File Name: AutoCAD Version: 2019 Scale: 1,=50' Units: Feet CIVILARTS WELD COUNTY PUBLIC WORKS DEPARTMENT 1111 H. STREET P.O. BOX 758 GREELEY, CO. 80632-0758 PHONE: (970) 356-4000 FAX: (970) 304-6497 As Constructed No Revisions: Void: WELD COUNTY ROAD 80 & 37 INTERSECTION RIGHT OF WAY MAP Sheet Subset: SCO1 Project No./Code GR-60 Sheet Subset: Sheet Number 117 of RIGHT-OF-WAY MAP WCR 80 & WCR 37 LOCATED IN SECTIONS 18 AND 19, T7N, R65W OF THE 6TH P.M., AND SECTIONS 13 8c 24, T7N, R66W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. MATCH LINE w 0 w 0 R -O -W MAP SCALE: 1n= 50' Computer File Information Creation Date: 6/17/2020 Initials: CWK Last Modified Date: 9/14/2020 Initials: RM Full Path: Drawing File Name: AutoCAD Version: 2019 Scale: 1"=50' Units: Feet 30' 30' I W IV (l1r NZm m -o> z oO 0=Q)c4QO C u, . MA) 0 0 O rn *m U) Z -1 o D co IT) > _ C) • co m p K -O • ?<E°3- W W 0 NOO'30'49"W 2649.51' cA O Index of Re Date: Ill CO IC) „W g6 01, g'lARI WELD CO AO 1' NO2'09'50"W 65.89: 2ND AMENDED REORDED EXEMP Tl0 707-73-4- LL! D 37: CIVILARTS REC. 2390241 516.84' L O T e \�� CITY OF THORNTON PARCEL NO. 070713000057 (E. LINE SE1/4, SEC. 13) 8\\\\\\\\\\ WELD COUNTY PUBLIC WORKS DEPARTMENT 1111 H. STREET P.O. BOX 758 GREELEY, CO. 80632-0758 PHONE: (970) 356-4000 FAX: (970) 304-6497 As Constructed No Revisions: Revised: Void: CO LINE TABLE LINE # DIRECTION LENGTH L6 N 33'01'43"E 40.89' L7 N53'38'09"E 48.53' L8 N89'29'11 "E 23.04' N J MATCH LINE S77'20'48"E 70.98' WELD COUNTY ROAD 80 & 37 INTERSECTION RIGHT OF WAY MAP Designer: RM _ Detaller: RM Sheet Subset: SC01 160% CD SEE SHEET X CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES Project No./Code GR-60 Sheet Subset: Sheet Number 118 of N \ \ \ \ N6 CA Q w a AN,_7 R--O-W MAP SCALE: 1 "= 50' MATCH LINE Computer File Information Creation Date: 6/17/2020 Initials: CWK Last Modified Date: 9/14/2020 Initials: RM Full Path: Drawing File Name: AutoCAD Version: 2019 Scale: 1"=50' Units: Feet Date: aN- Index of Rev? WELD COUNTY ROAD 37 0 (60' ROW) Comments. w O m CIVILARTS N00'30'49"W 2649.51' 516.84' WELD COUNTY PUBLIC WORKS DEPARTMENT 1111 H. STREET P.O. BOX 758 GREELEY, CO. 80632-0758 PHONE: (970) 356-4000 FAX: (970) 304-6497 RIGHT-OF-WAY MAP WCR 80 & WCR 37 LOCATED IN SECTIONS 18 AND 19, T7N, R65W OF THE 6TH P.M., AND SECTIONS 13 & 24, T7N, R66W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. (E. LINE SE1/4, SE As Constructed No Revisions: S77'20'48"E 70.98' LINE TABLE LINE # I DIRECTION LENGTH L12 577'20'48"E 40.17' L13 S66'18'34"E 52.88' L14 S59°06'47"E 72.53' L15 551'30'51"E 47.65' CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES WELD COUNTY ROAD 80 & 37 INTERSECTION RIGHT OF WAY MAP Project No./Code GR-60 Revised: Void: Designer: RM Detailer: RM Sheet Subset: SCOT 60% CD Sheet Subset: Sheet Number 119 of October 5, 2020 Bid Request No. B2000179, CR 80 and CR 37 Intersection ROW Acquisition and Appraisal Services Project Weld County, Colorado ADDENDUM NUMBER TWO The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: A. Contractor Questions and Responses B. 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. C s NTRACT QUESTIONS AND RESPONSES Question 1: Will the consultant's surveyor be able to stake all of the ROW and easements in one trip? Answer 1: The number of trips required for the consultant's surveyor will depend upon the timing of the notices of intent to acquire property. The surveyor may have to make multiple trips to the project to stake the various items on the different properties. uestion 2: Will CDOT right -of -Way Plan preparation be required since this is a federally funded project or will we just be preparing Exhibit & Legal Descriptions for the Permanent and Temporary Easements? Answer 2: This project is not federally funded. The ROW plans will be provided to the selected consultant. The selected consultant's surveyor will be responsible for drafting the legal descriptions and the exhibits. The legal descriptions and exhibits will be reviewed and approved by Weld County prior to being included in the ROW packets to the property owners. Question 3: Is there a previous survey prepared by others that may have been completed in the design phase of the project? Answer 3: The survey information completed during the design phase will be made available to the selected consultant. It should be noted that the survey control for the project has been set so the consultant's surveyor will be able to tie the required staking into the project control. Question 4: In Section IV, Item Al , the seventh bullet indicates legal descriptions, exhibit maps, and photo maps shall be prepared of all ROW parcels, PE, and TCEs. What is meant by photo maps? Answer 4: The photo map would be the same as an exhibit map with aerial imagery shown as the background. The photo map is used as a reference document to help the property owners visualize the areas being acquired. When the warranty deed for the parcel being acquired is recorded, the photo map is not included with the recorded documents. Question 5: Will the surveyor be required to set property pins of the properties being acquired ? Answer 5: Yes, after the ROW parcel has been acquired, the surveyor will have to provide property pins and provide the land survey plats in accordance with State law. Question 6: What format is to be used for the legal descriptions and exhibits? Answer 6: Refer to the CDOT ROW Manual (latest edition) for the format to be used for the legal descriptions and exhibits. Question 7: Do the rate sheets count against the 20 page limit? Answer 7: Yes, the rate sheets will be included in the 20 page limit. Question 8: Can 11x17 size paper be used as will it be counted as 2 pages? Answer 8: The rate sheet may be submitted on 11x17 size paper and it will be counted as a single page. If 11x17 sheets are used for other pages, those pages will be counted as two sheets. Question 9: Four pages from an appraisal report does not clearly represent a sample report. What would Weld County like to see here? Table of Contents, the sales comparison section, executive management summary, or something else? Answer 9: As stated in Addendum 1, the intent of the sample appraisal report is for Weld County to see the format that the Consultant is proposing to use. It is being left up to the Consultant to determine what portions on the appraisal report will best show an example of their appraisal report format. Question 10: In Section IV, Item Al, the eighth bullet indicates staking for ROW, PEs, and TCEs to be required shall be done by a Colorado Registered Professional Land Surveyor.... Does this include monumentation of the property boundary or is "staking limited to marking the acquisition areas for the benefit of the appraiser, agent, landowner, etc." to visually identify the parcels? Answer 10: Staking will be required so all parties can visually identify the parcels being acquired. Additionally, once the acquisition is complete, the surveyor shall be responsible for pinning the new property boundary in accordance with Colorado laws and regulations. Prepared By: Clay Kimmi, P.E. Senior Engineer B. 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. WESTERN STATES Land Services, Elk October 7, 2020 Weld. County Colorado Attn: Barbara Connolly Controller/ .Purchasing Director 1150 O Street Greeley, CO 80631 Acquisition and Relocation Specialists 505 North Denver Avenue Loveland, Colorado 80537 (970) 667-7602 • Metro (303) 938-1414 Re: Response to Request for Proposal #:2000179 Right -of -Way Acquisition Services — CR 80 & CR 37 Intersection Project Dear Ms. Connolly: Western States Land Services has been providing right of way acquisition, permitting and relocation services throughout Colorado for close to 40 years. We are fortunate to have worked with Weld County on many projects and want to thank you for the opportunity to provide right of way sen'ices to the County for the CR 80 & CR 37 Intersection Project. We have enjoyed developing relationships and working with the current staff on recent projects and we are excited about this important project for the County. Please accept this proposal as an expression of our interest to work with Weld County on this Project, We look forward to hearing from you soon and if you have any questions regarding this proposal, please do not hesitate to contact us. For any inquiries regarding our proposal please contact: John Doty, Principal Western States Land Services, LLC 505 North Denver Avenue Loveland, CO 80537 (303) 9381414 - Phone idoty@ws-Is.com - Email Western States Land Services agrees to enter into the Weld County Standard Contract Agreement and confii iris receipt of addendunns 1 and 2. Sincerely, WESTERN STATES LAND SERVICES, LLC John. L. Doty Principal EXECUTIVE SUMMARY It is our understanding that the design services for the Weld County CR 80 and CR 37 Intersection Project are underway. Weld County now requires acquisition, appraisal and survey services to advance this intersection Project to the next phase. The goal of the Project is to improve safety and accommodate the increase in traffic volumes at this intersection caused by the closure of two intersections to the south by the railroad. The County requires acquisitions of various types from four property owners. Based on the RFP we understand that those acquisitions will include four fee ROW parcels by Warranty Deed, two permanent easement parcels and four temporary easement parcels. Although this Project will not receive federal funding, Weld County would like the consultants to implement acquisition processes similar to what is required when federal funding is involved. The acquisition will utilize a 240 -day (8 month) negotiation format and the timeline to complete all acquisitions is from December 2020 to July 31., 2021. Utility relocation is set to commence August 1, 2021 with construction of the intersection starting November 1, 2021. This response has been constructed in order to outline Western States Land Services, LLC's (Western States) experience, acquisition strategies, and fees as requested by Weld County. We believe our firm will be a valuable asset to the County's team because of our experience on past projects, knowledge of local, state and federal laws and our familiarity with the Weld County landscape. We have partnered with two sub - consultants to provide survey and appraisal services. The information provided herein details our team's related project experience, qualifications and our availability to provide the required professional services. CAPABILITIES AND QUALIFICATIONS Created in 1981, Western States is headquartered in Loveland, CO and has provided ROW acquisition and relocation services to local public agencies, utility companies and other entities throughout Colorado and several surrounding states for the past 39 years. Having our office located in Colorado and being authorized to transact business in the state qualifies us as a Resident Bidder for the State of Colorado. Over the years our clients have relied on our experience and understanding of the statutory acquisition processes used in federally funded projects to successfully acquire all property interests necessary for their projects. The basic services provided by Western States include but are not limited to: Acquisition of Real Property Interests (fee, easements, leases, licenses, etc.) • Relocation Services (residential, commercial and personal property) • Site Acquisitions for facilities such as water tanks, substations, public facilities, etc. • ROW feasibility studies, including route analysis, cost implications, and the like • Permitting across third party facilities including railroads, ditch companies, utilities, etc. • Recorded Exemptions • Preparation of acquisition documents • Real Estate title examination ranging from assessor's research to complete title examination • Land valuation studies and reports (waiver valuations) • Public notification and outreach • Construction and restoration access coordination • Post construction damage settlements • Testimony in court as to good faith negotiations • ROW project management Throughout our history, Western States has been fortunate to have worked with and developed relationships with many prominent attorneys, engineers, surveyors and appraisers in our state. Through our work experiences with these professionals and our continued education efforts, Western States maintains up to date knowledge of Colorado Statutes and laws that pertain to our industry; More specifically, with regard to the acquisition and relocation procedures as set forth in the Uniform Act and recent amendments thereto. We have been involved with numerous projects over the years that required our participation in every phase from initial concept, to creating budgets and sourcing, preliminary routing, public outreach, engineering design, ROW acquisition, relocation, project construction, restoration and settling damages. Having an understanding of the entire process helps us to identify potential issues during the ROW phase that may impact the ability to complete the project. It also helps us ask important questions of the project team so we are better prepared when we meet with landowners or their representatives. Being able to discuss the different aspects of the project with a knowledgeable landowner or one who maybe has some personal experience helps us establish credibility and trust; both are essential when negotiating the acquisition of property for a public project. All nine of our agents currently reside in the State of Colorado and two of them live in Weld County. Each agent has an understanding of the different components necessary for a successful property acquisition such as reading legal descriptions and construction plans, reviewing appraisals or conducting comparable sales research and preparing waiver valuations, reviewing and comprehending legal documents, contracts or pertinent legislation, etc. By maintaining this base of knowledge, we are able to have meaningful dialogue with other members of the project team and provide valuable feedback when appropriate. Much of our work on transportation projects involves federal funding. CDOT is the lead agency, on behalf of the Federal Highway Administration, in administering federally assisted acquisition and relocation projects in the State of Colorado. Six of our agents are included on the CDOT pre -qualified and approved list of real estate professionals for acquisition and/or relocation services. Pre -qualification indicates that the agents are similarly approved by CDOT for work on projects performed by LPA's for federally assisted projects. We are very familiar with the CDOT ROW Manual, policies, procedures and standard acquisition documents. We are also comfortable adapting typical conveyance documents used by an LPA and helping them modify their standard acquisition procedures to conform to the requirements set forth in the Uniform Act. Western States has worked extensively on federally funded projects directly for CDOT, with multiple regions, as well as many different LPA's throughout Colorado. This valuable experience has enabled us to extract the superior elements from past projects and apply them to future projects creating efficiencies and successful practices. It has also helped us develop an inventory of lessons learned that enable us to protect future clients from making decisions that may not produce the desired outcome. Western States has primarily focused on statutory ROW acquisition in the State of Colorado for the past 39 years. By establishing and maintaining our expertise in the field of acquisition we have been able to evolve and expand our menu of services to better serve our clients. Every client is different and each project is unique. Our scope of services can vary greatly from project to project depending on the nature of the assignment, the availability of resources and the schedule for construction. We have done as little as giving advice on a consultation basis to as much as providing total ROW project management on large scale, multi- phase capital improvements projects, and everything in between. Our ability to provide a variety of services related to ROW acquisition and relocation and our willingness to customize our approach sets us apart. Western States maintains and stores project files so they will be available to the County years after the Project is finished. Our staff includes 9 acquisition and relocation agents in addition to administrative staff. As a corporation in good standing, and registered in the State of Colorado, we are compliant with all State and Federal regulations regarding the conduct of our business. Our Company has remained financially stable throughout our existence and we look forward to serving your needs. Due to the ongoing Covid-19 pandemic and related health mandates Western States has created a company mitigation plan that includes information about the virus, how it's spread, common symptoms. ways to protect ourselves, PPE protocol, company guidelines, in -office protocol and daily wellness checks. When this virus began to spread throughout the State, we proactively purchased laptops and other office equipment that would enable all of our agents to work safely and effectively from home. Our office is open and available to agents as necessary and we maintain social distancing and utilize facial coverings while working in close proximity to one another or in public. We sanitize our workspaces frequently and have a cleaning service disinfect our office periodically. We utilize multiple web -based meeting platforms to conduct virtual meetings when in person meetings are not necessary. We offer remote notary services to those landowners who would prefer not to meet in person and we require that all of our staff wear a facial covering and practice social distancing at all meetings with clients and landowners. This mitigation plan has enabled us to continue to operate throughout the pandemic and we remain available to provide all of the services that we have historically offered to our clients. We are experienced meeting with project teams in person and on a variety of digital platforms. We can use Microsoft Teams, Cisco WebEx, Zoom, Google Meet and GoToMeeting to accommodate any client's needs. We are able to digitally share files through Dropbox, Sharepoint and have experience using ProjectWise. Over the past few months, out of necessity we have become experts in meeting with both landowners and clients virtually. For this Project we plan to assign Courtney Wallace as the primary agent with John Doty and/or Mitch Hauff providing oversight and project management to ensure we meet the Project requirements, deadlines and to provide quality control. Our office is open typical business hours Monday through Friday but if necessary, we remain available for our clients or landowners on weekends and evenings. Although the bulk of our work is done in front of a computer or on the phone, we are always available to travel to meetings or other field tasks that may be necessary. QUALIFICATIONS OF PROPOSED PROJECT MANAGERS John Doty has been a resident of Weld County for 8 years. He started with Western States over 15 years ago as a primary acquisition agent and project manager. John is on CDOT's list of pre -qualified acquisition professionals and the list of pre -qualified professionals for relocation. He recently worked with Tiffane Johnson on the WCR 47 and Hwy 392 intersection project for Weld County and was successful in acquiring the ROW on time and within budget. John has also worked directly for CDOT on many projects utilizing the Uniform Act such as the Sterling S Curve, 1-25 South Express Lanes and the I- 25 North Express lanes just to name a few. John has experience with eminent domain and has testified in court relative to good faith negotiations. Each of the immediate possession hearings John has been a part of were awarded possession through the court. Most recent testimony in Eminent Domain Case: Real Estate Holdings Company, LLC vs PSCo - October 27, 2015 Several of our clients have relied upon John to assist with public outreach efforts to help affected landowners understand the acquisition process and to provide a resource and point of contact for project related questions. John has participated in presentations to the Weld County Board of County Commissioners to assist clients with difficult land use permitting processes. John has managed multiple projects where it is necessary to hire subcontractors to complete certain tasks such as title, survey or appraisal. When preparing a budget for these projects it's necessary to fully understand the scope of the project and get accurate information from the sub -contractors so we can develop an appropriate budget that will accommodate some minor changes in scope. While working on the 58th Avenue project for Adams County we subcontracted survey staking and appraisals for close to 30 parcels. We experienced scope creep for survey and appraisal so John had to find ways to be more efficient within the ROW budget so some funding could be reallocated to the appraisal and survey budgets. We are still working on this project but we are on target to finish under budget without any change orders. Mitch Hauff has been with Western States for over 6 years as an acquisition agent and Project Manager and is a resident of Weld County. Mitch has been on CDOT's list of pre -qualified acquisition professionals since August, 2016 and has worked on many transportation projects for CDOT and LPA's. Mitch and John have been working together on projects for the past six years including co -managing multiple large-scale projects such as the Xcel Energy West Main 16" HP Gas Project, Stapleton Reinforcement Project, North Metro 24" HP Main and the Federal Blvd. Electric Undergrounding Project for Federal Heights. Mitch also has recent experience working with Weld County on several important transportation projects such as the Weld County Road 49 Corridor Project; the WCR 44/33A Bridge Replacement Project; WCR 68/59A Bridge Replacement Project and the WCR 26/25A Bridge Replacement Project. He has experience with eminent domain and has attended multiple immediate possession hearings that each resulted in the client being awarded possession. Eminent domain experience: Harness vs. Public Service Company of Colorado — October 27, 2015 Ehrmentraut vs. CDOT via publication — February 2, 2018 Cha vs. City of Thornton — July, 17, 2020 As Western States' primary Project Manager for our Xcel Energy projects, Mitch is tasked with tracking all of the individual project budgets and providing monthly forecasts to project anticipated spending on a month -to -month basis. This requires Mitch to work with each of the agents assigned to every project to understand what has been accomplished to date, where they are in the overall scope of the project, what changes have impacted the schedule and to anticipate what is going to be required of us in the coming months. Xcel relies on Mitch to assist with initial routing, public outreach, valuation, statutory negotiations, project management, construction coordination and settling damages after restoration. While working with Xcel over the years Mitch has gained valuable experience with many different ditch companies along the Front Range. Other clients have relied upon that experience and his understanding of laws that pertain to ditch easements to help them negotiate crossing agreements. His experience with standard crossing agreements recently helped save one of our clients $30,000 on crossing agreements with one ditch company. QUALIFICATIONS OF KEY TEAM MEMBERS Courtney Wallace has worked for Western States for three years. She began her career at Western States as our administrative assistant where she quickly gained the knowledge and experience necessary to become our documents and records specialist. Her background in public policy and experience with the Governor's Office of Transportation Policy made her a natural fit for ROW acquisition. She was promoted to a land agent in 2019 and has already worked on numerous projects as the primary acquisition agent, including several federal aid projects. Courtney is the project manager and primary acquisition agent on three projects in Weld County including the 47th Avenue Project for the City of Evans, the Weld County Road 66 & 41 Intersection Improvements Project and the Centennial Trail ROW Acquisition Project for the Town of Kersey. On each of these projects Courtney is responsible for maintaining the schedule, overseeing the budget and overseeing any staff that is assisting her. Courtney has assisted the Cities of Longmont and Westminster with completing applications for recorded exemptions. She is currently part of a team with Mitch and John on the Thornton Water Project where she has done everything from document prep and title review to closing and has even testified as to good faith negotiations in two IP Hearings. In her previous role as the documents and records specialist, Courtney was in charge of tracking all of the title, appraisal and right of entry on this project and continues to manage property access and coordinates between ROW and the City's design engineer for two segments of the project. She is required to maintain several tracking spreadsheets and participates in multiple weekly status meetings to provide information to engineering and management. Eminent domain experience: City of Thornton vs. Schneider Family Trust — August 14, 2020 City of Thornton vs. Dyecrest Dairy — August 14, 2020 SUB -CONSULTANTS Foster Valuation Company, LLC — Headquartered in Greeley, Colorado, Foster Valuation Company LLC (Foster) has been performing appraisal services since 1981. They have worked with numerous Local Public Agencies, including Weld County, and have performed over 400 eminent domain appraisals. W. West Foster, MAI, CRE, SR/WA will be the primary contact. West has been performing real estate appraisals since 1976. West Foster was awarded the MAI designation in 1979, the CRE (Counselor of Real Estate) designation in 1995, and the Senior ROW Professional (SR/WA) designation by the International ROW Association in 2004. West Foster is also on the Colorado Department of Transportation Qualified Appraiser List and is a Colorado Department of Transportation Qualified Review Appraiser. West has extensive experience as an expert witness in eminent domain cases where value is being challenged. His recent testimonies include: • City of Thornton vs. Schneider Family Trust — August 14, 2020 • Intermountain Rural Electric Association vs. John B. James & Maureen E. James — September 1, 2020 • Intermountain Rural Electric Association vs. Freund Investments — September 28, 2020 • The Transportation Commission, State of Colorado Department of Transportation v. JRJ DK LLLP and Steven R. Pfister Trustee - September 13, 2019 • Public Service Company of Colorado v. William L. Coyle; Ralph S. Perkins, Jr.; Marsha H. Perkins - October 12, 2018 • The Transportation Commission, State of Colorado Department of Transportation v. Estate of Osa Bella Armstrong - August 7, 2018 • Town of Frederick v. CB4H, Inc., Bethany A. Pelosa, Fred D. Schlegel, Jr., The Elane B. Harris Trust Dated September 23, 2011 - December 2, 2015 SEH, Inc. (SEH) has provided professional engineering and survey services since its inception in 1927. Western States has partnered with SEH on numerous projects over the years and we are extremely confident in their capabilities. Recently we've worked with George Robinson on the Boulder County Flood Recovery Projects, the Westminster Land Purchase in Arapahoe County, and Xcel Energy's Pipeline Integrity Programs including the 5 mile North Metro Reinforcement Project. SEH will be responsible for writing and reviewing legal descriptions, survey staking, setting property pins after acquiring the ROW and preparing land survey plats. George Robinson (10 years with SEH) will be the primary contact. Mr. Robinson is the survey services manager for SEH's western region and has extensive experience supporting clients, engineers and contractors. He has led diverse teams and coordinated with a variety of engineering professionals as well as federal, state and local agencies. SIMILAR APPRAISAL CONTRACTS Western States and Foster have grown up together in Northern Colorado. We have partnered on countless projects where Western States provided acquisition services and Foster prepared eminent domain appraisals to assist with our acquisition efforts. We have also worked on several large scale projects in Weld County where Foster prepared a basic data report that we were able to use to create waiver valuations in lieu of appraisals. Below is a condensed list of projects we have worked on together in the past 5 years. • Weld County- Widening of WCR 74 & HWY 392- Federal Aid, 5 ROW parcels • Weld County- WCR 47 and. SH 392 Intersection Project- Federal Aid, 7 ROW parcels • Larimer County- Widening of CR17 (Taft Avenue) STU C060-082 Federal Aid, 7 ROW parcels • Town of Kersey- Centennial Trail System TAP M 702-001 Federal Aid, 3 ROW parcels • City of Longmont- Adam Farm Property LLC- Full take and 6 shares of Oligarchy Ditch • City of Longmont- Coffman Street Substation- Full take • City of Loveland- 1109 N. Taft Ave- Full Take and relocation of landowner CRITICAL ISSUES (IDEAS AND SUGGESTIONS) • Time lost due to design revisions o It is very common for affected landowners to request design revisions. In some instances they can provide insight or information that was not available during preliminary design that does warrant a revision. Major plan revisions can shift the entire schedule and delay the start of negotiations. In order to avoid major delays it is very beneficial to meet with landowners early on in the negotiation process to try and identify any concerns. • Relocation of utilities o Because of our past experience and current work on multiple projects throughout Weld County, we have established positive relationships with the major utility companies in the County. We can quickly access and coordinate with them as needed. • Appraisal timing o Appraisals can take some time to complete for a number of reasons so it is critical that we get them started as soon as possible. In order to get a head start we will ask Foster to do preliminary research as soon as we receive notice to proceed. The appraisal reports cannot be completed until we have approved legal descriptions and issue the Notice of Intent but getting the preliminary research started early will help us get the reports completed more quickly so we can present offers and give ourselves more time to negotiate. • Final Offer deadline o The schedule provided in the RFP provides a final offer deadline of June 1, 2021 with a ROW completion deadline of July 31, 2021. It's common to provide a landowner with somewhere between 7-21 days to accept a final offer. That would put us into the middle of June and give the County just a little over a month to complete any necessary immediate possession hearings. The volume of court cases will be outside of our control so we would like to build in some extra time to make sure IP hearings are completed prior to July 31, 2021. We will identify any landowners that have the potential of eminent domain early on in negotiations and plan to move our final offer deadline up to May 1, 2021. Based on the information provided in the RFP we expect to have 240 days to complete the survey, appraisal and acquisition services and deliver a clearance package to the County by July 31, 2021. Given our understanding of the project and familiarity with our team, we are very confident that we will be able to complete our acquisitions before the July 31, 2021 deadline. In our experience communication and flexibility are the primary keys to our success in acquiring property interests and delivering a constructible project on schedule. Every project has its own unique challenges. Past experiences can help identify potential problems and enable us to recommend solutions. If we can identify issues early and communicate with the team to develop solutions and maintain flexibility during the negotiations, we know we can accomplish the ROW goals for the project. Our ability to provide a variety of services related to ROW acquisition and our willingness to customize our approach set us apart. SCOPE OF WORK Once awarded by the County, Western States will sign the Weld County Standard Contract and upon execution by both parties, we will consider this a Notice to Proceed to begin our acquisition services. We plan to utilize the same documents and forms that were approved for the current WCR 41 and WCR 66 Intersection Project unless the County provides us with updated forms. We will review all of the standard policies and procedures with County staff to make sure there haven't been any changes. Once we have confirmed documents and procedures we will manage all document prep and landowner coordination so that we can efficiently operate as an extension of the County with minimal oversight. Mitch Hauff or John Doty will serve as Western States' Project Manager and will assign Courtney as the primary acquisition agent. We will ensure all milestones are met in a timely and efficient manner. We will also facilitate communications between our subcontractors and the County to make sure that important information, directives and deliverables reach the appropriate parties. We anticipate using email correspondence daily to share status updates, forward communications and coordinate with the project team. We will coordinate kickoff meetings, monthly progress updates and weekly emails to provide general status updates, discuss any issues, identify the critical path elements and track action items. We will provide meeting minutes after each meeting. The County will provide us with preliminary title information so that we can accurately set up our files and documents for each affected landowner. We will review each title report to identify any potential issues that may affect our ability to acquire clear title or to construct the project as designed. If any title is older than 90 days we will request an update from the title company. This title information will be shared with Foster and SEH to assist them with their work as needed. It is our understanding that the County will have authority to utilize eminent domain on this Project if necessary and that the County will provide us with complete ROW plans. SEH will then create legal descriptions which we will include in our Notice of Intent to Acquire (NOI) letter. For parcels estimated to be more than $5,000 in value we will provide the landowner with authority to obtain their own appraisal. The cost of said appraisal would be reimbursed by the County as long as it meets the minimum appraisal standards. These landowners will have 90 days from the date of the NOI to submit their own appraisal. We will attempt to meet with each landowner after issuing the NOI letters to introduce ourselves, discuss any project concerns and also to complete waiver valuations or appraisal inspections. Prior to completing our inspections, we will require all parcels be staked by SEH. We will coordinate with SEH up front to minimize the number of trips required to the project area. Foster will begin preliminary sales research once we receive notice to proceed. After the NOI's are issued, Foster will accompany our agents on the appraisal inspection meetings. Foster will utilize information provided by the County specific to the project along with information developed through their own research to prepare complete eminent domain appraisals for each parcel they are assigned. They will plan to provide three hard copies of each report as required in. the RFP, if the County decides that it would prefer electronic copies, Foster can accommodate that as well. They will also assist us in compiling comparable sales data that may be used for waiver valuations. We anticipate preparing waiver valuations for any acquisition estimated to be less than 55,000. Western States will review each appraisal and provide pertinent comments to the County. It is our understanding that the County will review all appraisals and/or waiver valuations and provide us with any recommended amendments or approvals. If a landowner decides to submit their own appraisal, we will provide a copy to the County for review and consideration with any comments we have as well. After the County has reviewed all valuation information and has provided us with a determination of fair market value, we will provide each landowner with an offer letter either by Certified Mail, return receipt requested or hand delivery. Upon delivery of the offer letter we will provide the County with any initial feedback received from the landowner. We will begin to work through any issues that may be reasonably addressed within an approximate 30 -day negotiation window. Any counter offers or modifications to documents provided by landowners will be reviewed with the County to determine acceptability. Once an agreement is reached, we ensure all of the necessary documents are executed correctly and will highlight any special title circumstances that may require additional efforts to cure. If we encounter issues that cannot be resolved or a landowner rejects our offer, we will discuss each situation with the County to determine the most appropriate course of action. If necessary, we will issue a final offer letter that could include an enhanced offer or specialconsiderations as approved by the County. If the final offer is not accepted within the allotted timeframe, we will notify the County that we have reached an impasse and provide the County with a file complete with all documentation necessary to support our good faith negotiations. All of our negotiations will comply with all Local, State and Federal requirements. For any settlements above the FMV amount we will prepare an administrative settlement to be reviewed by the County. When we reach an agreement with landowners, we will discuss with the County the desire to obtain title insurance. When appropriate we will work with the County's title company to close acquisitions and convert the preliminary commitments to title insurance policies. If it is determined that insurance is not necessary, our agents can facilitate an informal closing and obtain a closing statement and receipt foriii in exchange for payment to the landowner. Although it is always our goal to reach voluntary agreements with affected landowners, that is not always possible. Eminent domain is generally a last resort and is only used when all reasonable efforts to reach a settlement or possession and use agreement have been exhausted. It has been our experience that once you have reached impasse and issue a final offer, many landowners will consult with an attorney that will lead to a settlement outside of the court system. Often times the argument is over compensation and the landowner will stipulate to possession and proceed to a valuation hearing. In some instances, the differences are great and the landowner will contest possession. When this happens, our agents are available to attend pre-trial prep meetings with the County's legal staff and prepare for potential testimony, particularly as it pertains to good faith negotiations. Once all ROW has been acquired we will provide the County with a ROW clearance letter that summarizes the acquisitions and easements. SEFI will then install property pins along the new property boundaries and will provide land survey plats in accordance with State law. MITCHELL G. HAUFF Dedicated and experienced CDOT certified ROW acquisition agent who excels in providing high quality customer service to all. Able to meet deadlines and has completed over 30 different projects anywhere from transportation, natural gas transmission, electrical substations, and trails. My goal is to provide innovative solutions to clients and deliver their ROW needs in a respectful manner that abides by statutory requirements and related standards. EDU CATION: QUALIFICATIONS: EXPERIENCE: - Project Management - Property Management - Public Outreach - Land valuation - Contract negotiation - Real estate closings Colorado State University — Fort Collins, Colorado 2010 — 2014 Bachelor of Science — Finance with Economics Minor Coursework in Corporate and Investment Finance and Economics Colorado Department of Transportation Qualified Acquisitions Agent Colorado Notary Public WESTERN STATES LAND SERVICES February 2014 —Present PROJECT EXPERIENCE: - Land Acquisition - Planning Commission Support - Development of Policies - Title review - Budgeting - Property description - Damage Settlements - Able to provide expert testimony - Complex negotiations - Document preparation - Schedule coordination - Alignment evaluation *Weld County - WCR 44/33A Bridge Replacement Project (BRO C030-070), 3 fee and easement parcels *Weld County - WCR 68/59A Bridge Replacement Project (BRO C030-054), 2 fee and easement parcels *Weld County - WCR 26/25A Bridge Replacement Project (BRO C030-053), 2 fee and easement parcels Weld County — Weld County Road 49 Corridor Road Widening Project — HWY 34 to 1-76, 50 fee and easement parcels Weld County — Weld County Road 49 and Weld County Road 22 Intersection Project, 3 fee parcels City of Fort Collins — College Avenue and Prospect Road Intersection Project, 7 fee and temporary easement parcels *Colorado Department of Transportation / CDOT — SH 14 "S" Curve in Sterling (FSA 0142-063), 6 fee parcels and 9 temporary easement parcels *Colorado Department of Transportation / CDOT — US HWY 34 Big Thompson Canyon (ER 0341- 084 Units 2, 3 & 6), 16 fee and easement parcels *City of Steamboat Springs - US40 Fish Creek Trail Underpass, 2 easement parcels *City of Steamboat Springs - US40 Steamboat West Trail Extension (LPA - NHPP 0402-091), 2 easement parcels Public Service Company of Colorado / Xcel — North Metro 24" Natural Gas Reinforcement - 24 easement parcels and extensive public outreach/construction coordination activities *Larimer County (and On Behalf of the Town of Estes Park) — PRLA Fish Creek Road — Project ER - 0060 -077 52 ownerships with a variety of temporary, permanent and ROW parcels. Fortify the existing roadway, trail way and utilities which sustained substantial damage by the Flooding Event of 2013. Public Service Company of Colorado / Xcel — Stroh Road 6" Natural Gas Replacement Project, 7 easement parcels Tri-State Generation and Transmission — Gateway Substation — 1 fee parcel, Weld County Commission Hearing Public Service Company of Colorado / Xcel — Stapleton Reinforcement Eastern Re -Route, 3 easement and license parcels Public Service Company of Colorado / Xcel — Stapleton Phase 3 — 16" Natural Gas Pipeline Reinforcement Project — 6 easement and license parcels Public Service Company of Colorado / Xcel — West Main 16" Natural Gas Pipeline Project in Boulder County, 30 permanent and temporary easement parcels Public Service Company of Colorado / Xcel — Niwot Station Relocation Project in Boulder County, 1 fee parcel Central Weld County Water District — Acquisitions for Water line along WCR 49, 8 permanent easement parcels City of Loveland — Water Line Repair Project, 10 temporary easement parcels *Boulder County — County Line Road and St. Vrain Creek Bridge Repair - (C070-052), 1 easement parcel City of Thornton — Thornton Water Project — Laporte, CO to HWY 7 *Denotes Federal Aid Project under the Uniform Act EXPERIENCE AS EXPERT WITNESS: Harness vs. Public Service Company of Colorado — October 27, 201.5 Ehrmentraut vs. CDOT via publication — February 2, 2018 Cha vs. City of Thornton — July, 17, 2020 JOHN DOTY Experienced consultant specializing in complex ROW acquisitions, project management and relocation. Throughout my 15 years of experience I have successfully acquired millions of dollars in ROW for transportation and utility projects. My goal is to help clients create and implement acquisition policies and strategies that meet statutory requirements while maintaining the standards they have set for themselves. QUALIFICATIONS: CDOT Qualified Acquisition and CDOT Qualified Relocation Agent Notary Public (Colorado) EDUCATION: Mesa State College — Grand Junction, Colorado 2001 — 2005 Bachelor of Arts - Business Administration Ongoing IRWA Coursework EXPERIENCE: Western States Land Services May 2005 — Present - Project Management - Commercial Relocation - Expert Testimony in court - Land valuation - Contract negotiation - Real estate closings PROJECT EXPERIENCE: - Land Acquisition - Residential Relocation - Development of Policies - "Title review - Budgeting - Property description - Complex negotiations - Public Outreach - Project coordination - Document preparation. - Damage Settlements - Alignment evaluation Acquisition Projects WCR 47 and SH 392 Improvements Project — Weld County (Region 4) College Avenue and Prospect Road Improvements Project — Fort Collins Park Ave (SH9) and Four O'clock Rd. Roundabout — Breckenridge (Region 3) West Main l 6" HP Natural Gas — Xcel Energy - Thornton Water Project — City of Thornton Golden Lane Road Bridge Replacement — El Paso County (Region 2) North College Improvements Project — City of Fort Collins (Region 4) 1-25 Express Lanes — North and South — For CDOT Region 4 Shields Street — Cache La Poudre River —Lorimer County (Region 4) Relocation Pro'ects ursuant to the Uniform Act include: Thornton Development Authority — E. 104`' Avenue services (Commercial) City of Sheridan — Sheridan Redevelopment Agency Project relocation services (Commercial and Residential) Redevelopment Project relocation South Santa Fe Redevelopment COURTNEY WALLACE EDUCATION: University of Denver Master of Public Policy Colorado State University Bachelor of Arts- History Denver, CO May 2009 Fort Collins, CO May 2001 QUALIFICATIONS: Intern for the Governor's Office of Policy Initiatives worked with the Blue Ribbon Panel for Transportation, responding to constitute correspondence on behalf of Governor Ritter and the Blue Ribbon Panel. My undergraduate work in History makes me uniquely qualified for records ROW 4 g� y� '�'�' research necessary for title examination and curative efforts. R W EXPERIENCE: ERIENCE: February 2017 - Present PROJECT EXPERIENCE: City of Thornton L Town of Kersey City of Evans WESTERN STATES LAND SERVICES Loveland, Colorado Agent I/ Documents and Records specialist My role with Western States Land Services spans all projects. I assist the team with ordering title, creating and maintaining project spreadsheets, calendars of deadlines and benchmarks and land owner correspondence. Over the past year I have transitioned from does and records only to also working as an acquisition agent. Thornton Water Project Scott Twombly, Real Estate Manager 720-977-0989 (Fed Aid Project No: TAP M702-001) Centennial Trail. Project Christian Morgan, Town Manager- 970-353-1681 47th Ave Road Widening Project Mark Oberschmidt, Principal Engineer- Town of Evans 970-475-1110 County of Larimer (Fed. Aid Project No: STU C060-065) State Highway 14/ Greenfields Court Frontage Road. Suzette Mallette, Larimer County Transportation Manager- 970-498-5731 City of Fort Collins/Interwest Consulting Group (Fed Aid Project No: AQC M455-1 11) North College ROW — Willox to SH 1 & Ped Bridge. Kerri Allison, City of Fort Collins — 970-416-2669 Colorado Dept of Transportation (Fed Aid Project No: ER 007A-026) SH-7 Flood, Estes Park to JCT SH-72. Susan Christiansen- 970-350-2207 QUALIFICATIONS OF 4fa vEST FOSTER Education M.S. Degree in Regional Economics, Colorado State University. B.S. Degree in General Business, Colorado State University. All of the basic courses required for the MAI designation given by the American Institute of Real Estate Appraisers; Course Ill (Rural Properties); Course IV (Litigation Valuation); Course VI (Real Estate Investment Analysis); Course WI (Industrial Valuation); Course 520 (Highest and Best Use and Market Analysis); Course 550 (Advanced Applications); all Litigation courses offered in the Professional Development Program, and Review Theory - General. This partial list of courses was all given by the Appraisal Institute or its predecessor organizations. Principles of Real Estate Engineering, The Appraisal of. Partial Acquisitions, and several relocation courses, given by the International Right of Way Association. Advanced Ranch Appraisal, by the American Society of Farm Managers and Rural Appraisers. Seminars: Computer -Enhanced Cash Flow Modeling, Subdivision Appraisal, Uniform Appraisal Standards for Federal Land Acquisitions, plus numerous real estate seminars given by the American Institute of Real Estate Appraisers and later by the Appraisal Institute. Memberships and Designations Appraisal Institute: Designated Member (MAI and AI-GRS) 1982 to 1986 - National Division of Curriculum 1986 to 1987 - National committee to write The Appraisal qf Real Estate, 9th Edition 1987 to 1991 - Board of Examiners, General Demonstration Appraisal Reports 1987 to 1994 - Regional Member, Review and Counseling Division 1991 to 1994 - Regional Representative, Region II 1992 to 2013 - Contributor to The Appraisal of Real Estate, 10th through 14th Editions 1995 - National Vice Chair, Review and Counseling Division 1995 - Vice Chair, Region II and National Board of 'Directors 1996 to 1997 - Chair, Region [I and National Board of Directors 1996 - National Chair, Ethics Administration Division 1997 to 2008 - National Chair, Professional Ethics and Counseling Committee 2017 - Contributor to Rural Property Valuation by the Appraisal Institute American Society of Real Estate Counselors: Counselor of Real Estate (CRE) 1994 - Vice Chair, Colorado Chapter 1995 - Chair, Colorado Chapter International Right of Way Association: Senior Right of Way Professional (SR/WA) Northern Colorado Commercial Association of Realtors Certified General Real Estate Appraiser: State of Colorado, #CGO0001 795 Profession? Experience Foster Valuation Company: Fee Appraiser, April 1981 to present, specializing in valuation and counseling with respect to a variety of nonresidential properties Robert J. Mitchell, MAI, & Associates: Fee Appraiser, March 1976 to March 1981, specializing in rural and income property valuation Qualified in District and Federal Courts as an Expert Valuation Witness SAMPLE REPORT February 12, 2020 Ms. Nancy Bullock Appraiser II, ROW Office Colorado Department of Transportation 10601 West 10th Street Greeley, Colorado 80634 RE: PROJECT: PROJECT NO. PROJECT CODE: PARCEL NOS.: OWNERS: Dear Ms. Bullock: U.S. Highway 85 and WCR 44 Overpass, Unit 4 NHPP 0853-107 21907 AP-IREV, AP -1A, and AP-1-RM Daniel L. Baker and Debra K. Baker The attached is my partial take eminent domain appraisal report detailing the results of my appraisal of the above -referenced property with an effective date of appraisal and valuation of February 4, 2020. The purpose of this appraisal is to provide a compensation estimate for the reasona- ble market value of the property actually taken. The development of my appraisal is contained in the attached report which sets forth discussions of my conclusions, supporting data, and reasoning. I understand that this appraisal report may be used in connection with the acquisition of the property taken for the referenced project to be constructed by the Colorado Department of Transporta- tion (CDOT). If necessary, this report with supporting data, analyses, conclusions, and opinions is to serve as a basis for court testimony for condemnation trial purposes. This appraisal report will become a public record after final settlement with the owner or after the conclusion of legal proceedings. The reasonable market value and compensation estimate are subject to certain definitions, assumptions and limiting conditions, and certification of appraiser set forth in the attached appraisal report. Based upon my independent appraisal and exercise of my professional judgment, my compensation estimate for the right of way acquisitions in fee simple title, consisting of 121,667 square feet improved with two service garage buildings containing 20,000 square feet, a residential garage containing 576 square feet, tenant -owned mobile home containing 1,280 square feet plus site improvements, as of February 4, 2020, is $2,537,575 under the premise that the property owners will retain the residue (AP-1-RM). If CDOT officials acquire the entire Daniel L. Baker and Debra K. Baker ownership containing 224,604 square feet, the compensation is estimated to be $2,857,194. Respectfully ubmitted, W. West Foster, MAI, CRE, SR/WA CO Certification #CO00001795 U.S. HIGHWAY $5 AND W 'R 44 FOSTER VALUATION COME L[..C EXECUTIVE SUMMARY MARY Project Code: 21907 Project Number: NHPP 0853-107 A. Parcel Numbers: AP- I REV, AP- I A, and AP-1-RM Name of Owner: Daniel L. Baker and Debra K. Baker Property Address: 28402 Peckham Drive, La Salle, Colorado Project Location: NWQ U.S. Highway 85 and Weld County Road 44 Owner Present at Inspection: and The by property property Kellye was owners Bolton inspected with Daniel Region on and February Debra 4 Baker. were also 4, 2020 accompanied Nancy in attendance. Bullock t Property Interest Appraised: Fee simple estate Effective Appraisal Value Date: February 4, 2020 I Date of Appraisal Report: February ♦ 12, 2020 ._ wN.MMw..x uw.wr.r...iw.......w n....wu.n I.n—Y..M n.wr.K4MT - Environmental .rM_4r.un.wu.r_._Yinw.x Concerns: w.y.Wl_.w_ y1 Phase I site assessment is recommended ... .. .. Larger Parcel Land/Site Area: 5.156 acres, or 224,604 square feet Owner or Tenant Occupancy: Owner doing business as Dirty Dan's Garage tF Owner Improvements: "I engineered he site is improved service with garage a one-story building with 12,800 -square an attached -foot 1,200 pre- - square square in containing consist doors. -foot -foot 2006. of There office pre-engineered A detached 576 concrete constructed square is no apron landscaping. residential feet in service built front in 2000. garage in of garage 2002. the A secondary building for the Site main modular improvements garage was 6,000 overhead added home - Owner On -Premise Signs: None Tenantimprovements: A 1,280 -square -foot Schult mobile home built in 1998 Subject 5 -Year Sales History: The property has been in the same ownership for over five years Zoning: Z-519 (Planned Unit Development) (C-3) by Weld County External Market Influences: No extraordinary external market influences noted Highest/Best Use Before Take: Service garage use Highest/Best Use After Take: Service garage use _ ..s Part Taken Parcel Nos.: AP- I REV and AP -I A I Parts Taken Total Land/Site Area: 121.667 sq. square ft. in AP -1A) feet (66,719 sq. ft. in AP-IREV and 54,948 Purpose of Fee Parts Taken: Weld County Road 44 and U.S. Highway 85 right of way Purpose of Permanent Easement: None required .. Purpose of Temporary Easement: Needed to raze the building improvements Effect of Take Parcel: on the Residue Residue containing uneconomical [02,937 remnant square feet will become an Damage Considerations: None win.. .. j��\ Damages. .r ...+.r....rrn+�.rr None N one Cost to Cure: None _ 1 Special Benefits Considerations: None I F ?�_t! ct' INTROD _ ..," O U.S. HIGHWAY 85 AND WCR 44 FOSTER VALUATION COMPANY LLC Value and Compensation Conclusions Larger Parcel Value Before Take Total Value Land/Site Value (224,604 square feet @ $3.45 per square foot Affected Improvements Contrihutory Value 774,884 -0- Total Larger Parcel Value Before Take (land + affected improvements) $774,884 Value of Part Taken Land/Site Takings Parcel No. Area in Sq. Ft. $ Unit Value Value Total Value AP REV 66,719 $3,45 5230,181 AP- I A 54,948 $3.45 $189,571 AP -1- 02,937 $3.45 Total Land/Site Value of Part Taken $419,752 Easement Takings Parcel No. Area in Sq. Ft. $ Unit Value % of Fee Value Total Value None 0 Total Easement Value of Part Taken -0- Owner Affected Improvement Takings (Contributory Value) Descriptions of Improvements (buildings, structures, etc.) Contributory Value Total Value Owner Service Garage l n vements Contributory Value $2,025,1.16 Owner Res Garage Improvements Contributory Value $10,152 Total Owner Affected Improvements Contributory Value of Part Taken $2,035,268 Tenant Affected Improvement Takings (Contributory Value) Descriptions of Improvements (buildin s, structures, etc.) Contributory Value Total Value Schutt 1280 -square -foot mobile home built in 1998 $47,042 Total Tenant Affected Improvements Contributory Value of Part Taken $47,042 Total Value of Part Taken (land + affected improvements) $2,502,062 *Remainder parcel (AP-1-RM) not included in computations until final value estimate Rental Value of Temporary Easement Parcel No. Area in Sq. Ft. $ Unit Value Rate (%) Term (Mos.) Value TE- l 102,937 $3.45 10 12 $35,513 Total Rental Value of Temporary Easement $35,513 DAN'S GARAGE INTRODUCTION 2 U.S. HIGH Li A►Y 85 AND % YCR 44 Compensation Estimate Summary FOSTER VALUATION COMPANY 1,1,C Value of Part Taken , Land/Site Value of Part Taken (A R.1 REV and AP -1A) $419,752 - Easement Value of Parts Taken -0-- Owner Service Garage Improvements Contributory Value of Parts Taken $2,025,116 I Owner Residential Garage Improvements Contributory Value of Parts Taken $10,152 II Tenant Mobile Home Improvements Contributory Value of Parts Taken $47,042 E Total Value of Part Taken $2,502,062 SYGM�: �1wYA'MMVYw'.Y.Y4]P�Y�ti YN�MIWCy�t'N 1 .. l - i ii.r�n- WRMY� a M,Yw c fl n_-'u�.'IDOCSd.Y>0A Compensable Damages and/or Offsetting \4 Special Benefits CompensableDamages/Curable/Net Cost to Cure Coin pensable Damages/Incurable (No Cost to Cure) <Less> Special Benefits (offset up to 100% of incurable damage) r Q. Net Compensable Damages/Incurable 4. = Remaining Special Benefits (offset up to 50% value part taken)>> (H0-) Total Rental Value of Temporary Easement $35,513 Compensation Estimate Under Premise that Owners Retain the Remainder $2,537,575 i Compensation Estimate Including the ,.-i - _ Remainder"' $2,857,194 - _ *($2,537,575 plus remainder of $355,132 less TE Rental Value of $35.5131 O Subject Dan's Garage Larger P reel N kg / M1 DAN'S GARAGE - ... INTRODUCTION 3 DITIONAL PROJECT EXPERIENCE College and Prospect Intersection Improvements Project — City of Fort Collins Completed in 2017, this was an intersection improvements project at one of the City's highest volume intersections. The project improved vehicular traffic flows through the intersection while expanding pedestrian walkways. John and Mitch were Western States' acquisition agents and assisted the City through some complex design and acquisition concerns. Our initial task was to develop an aggressive acquisition schedule that would allow the City to bid for construction after the first of the year. This meant any eminent domain proceedings would be scheduled around the holidays. John and Mitch developed milestones that must be met in order to achieve the schedule and provided weekly status reports to the City to ensure that all milestones were met. The project required acquisitions from 8 different landowners, several with major access and damage concerns. The project required the reconfiguration of a gas station with very limited access and a lengthy negotiation with one residential landowner. After issue notice of intent letters sonic design changes were made to accommodate several landowner requests. The changes impacted our already tight schedule but we were able to reissue NOI letters and have final offers out in time to reach our ultimate deadline. We reached an impasse with one landowner but never gave up trying to get something worked out. Although we filed for eminent domain we were able to reach an agreement through arbitration and avoided the additional costs and publicity associated with an eminent domain case. Western States was able to acquire all of the necessary parcels on time and under budget. Construction has been completed and the intersection flows have vastly improved. Project Manager: Dan Woodward, City Engineer - 970-416-4203 dwoodward(c fegov.com College and Prospect Intersection Looking Southwest Park Avenue (SH9) and 4'0clock Road Roundabout — Town of Breckenridge (Federal Aid) Managed by John Doty, Western States acquired fee and easement parcels from two condominium associations, CenturyLink and Vail Summit Resorts on behalf of the Town. CDOT Region 3 providedoversite and administered funds for the project. The project included a new roundabout and widened lanes in a congested corridor. Western States subcontracted appraisal services through David Kilty of Kilty and Company for ►F `� „ to valuation. All acquisitions were completed in accordance with the Uniform Act and the project has been constructed. We are currently working with the Town of Breckenridge on a second roundabout project as well. �'$4)• ' ! •! a References: Lindsey Jones, P.E. JUB Engineering PM, * °,. g g`![/� (970) 377-3602, ljones@jub.com Tim Woodmansee, CDOT Region 3 ROW Manager, (970) 683-6224, t im.woodmanseestate.co.us SH 14 "5" Curve in Sterling — Colorado Department of Transportation John and Mitch worked as primary acquisition agents with CDOT to acquire right-of-way interests from 14 separate parcels along Hwy 14 in Sterling. This project improved traffic flow through downtown Sterling by realigning Hwy 14. The project required total take acquisitions of several residential properties but the majority of our acquisitions were from businesses located along Hwy 14 which is Main Street in Sterling. Some of the businesses were local small businesses while others were franchises that required cooperation with corporate entities from other states. All of our acquisitions were completed on time and within our established budget. Project Manager: Peter Sulmeisters, Region ROW Manager 970-350-2157 peter.sulmeisters cestate.co.us S-Curve Design US6 Us 138 5H 14 r.: r r Truck Route fpi ) COLORADO Ir3fl2pQrwtpa.t SH 14 "S" Curve in Sterling Task Description Labor Classification Subconsultants ($) Other Direct Costs (ODC) Total ($) Western States Land Services - Cost Estimate Client: Weld County Project: ROW Acquisition and Appraisal Services for CR80 and CR 37 Intersection Project Client Contact: Clay Kimml, PE Oct 7, 2020 c is m o o. Senior Right of Way Agent Junior Right of Way Agent } G c w T ."Qo ^ Appraiser (Foster Valuation) $5,500 each appraisal Licensed Surveyor (SEH) CADD Tech (N/A) ro a in 'm .n w Hoar r to S4' 10 o 2$ ,,..9500 $...., 000 + ;, gB501T , $ Project Coordination & Management ..t40,00G « . Team Coordination 10 10 $ 1,000.00 $ 100000 Monthly Billing 8 8 $ 520.00 $ 520.00 Meetings (Kickoff, Monthly Progress, Weekly Email) 10 25 35 $ 3,250.00 $ 3,250.00 ROW Acquisition Records Review & Data Compilation 3 3 6 $ 570.00 $ 570.00 Update Title Commitments 1 1 2 $ 190.00 $ 190.00 Legal Descriptions (ROW,PE, TCE) 0 50 $ 7,000.00 $ 7,000.00 Survey Staking (ROW,PE, TCE) 0 12 $ 1,680.00 Land Survey Plats 0 61 $ 8,540.00 $ 1,680.00 $ 8,540.00 Notice of Interest/Intent 10 20 5 35 $ 3,125.00 $ 3,125.00 Value Findings/Waiver Valuations 5 5 $ 450.00 $ 450.00 Offers 10 30 5 45 $ 4,025.00 $ 4,025.00 Agreements 10 30 5 45 $ 4,025.00 $ 4,025.00 Closings 10 10 5 25 $ 2,225.00 $ 2,225.00 Mileage (IRS Rate) $ 250,00 $ 259.00 Appraisals ($5,500 each a 3) City of Thornton 22 S 5,500.00 $ 5,500.00 CEPA Homes 22 $ 5,500.00 $ 5,500.00 Waag - Parcel 1 1 1i $ 2,750.00 $ 2,750.00 Waag- Parcel 11 $ 2,750.00 $ 2,750.00 Condemnation Proceedings ($/hr) $ 100,00 $ 95,09 $- 90.00 $ 250.00.; Other Professionat Services Other Professional Services Totals 64 0 124 2g 216 $ 19;630.00 666 123 0 $ 33,720.00 S $ 53,350.00 B. 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 Addendum No. 2 Date: September 30, 2020 By: Weld County Date: October 5, 2020 By: Weld County Addendum No. Date: By: FIRM Western States Land Services, LLC BY John Doty BUSINESS ADDRESS 505 North Denver Avenue CITY, STATE, ZIP CODE Loveland, CO 80537 (Please print) DATE October 7, 2020 TELEPHONE NO (970) 667-7602 FAX (970) 667-6580 TAX ID # 84-3676447 SIGNATURE I E-MAIL jdoty@ws-ls.com 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. New Contract Request Entity Information Entity Name* Entity ID* WESTERN STATES LAND SERVICES INC A©0001 574 Contract Name* ROW ACQUISTION AND APPRAISAL SERVICES FOR CR 80 & CR 37 INTERSECTION PROJECT Contract Status CTB REVIEW ❑ New Entity? Contract ID 4234 Contract Lead" CKIMMI Contract Lead Email CKimmigco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project I GR-60 Contract Description* RIGHT OF WAY ACQUISITION AND APPRAISAL SERVICES FOR THE CR 80 & CR 37 INTERSECTION PROJECT Contract Description 2 THIS INTERSECTION PROJECT IS BEING DRIVEN BY THE RAILROAD CLOSURE ON HWY 85 AT CRS 37 AND 78. Contract Type * CONTRACT Amount* $58,350.00 Renewable* NO Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Department Email CM- PublicWorks cweldgov.com Department Head Email CM-PublicWorks- DeptHead 9weldgov.com County Attorney BOB CHOATE County Attorney Email BCHOATE@CO,WELD.CO.US Requested Bt7CC Agenda Date' 11109.2020 Due Date 11,05 2020 Will a work session with BOCC be required?' HAD Does Contract require Purchasing Dept. to be included? YES Bid / RFP # * 82000179 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 On Base Contract Dates Effective Date Review Date* Renewal Date 11 03 2020 Termination Notice Period Committed Delivery Date Expiration Date 07./3012021 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver ROB TURF Approval Process Department Head JAY MCDONALD DH Approved Date 11'03?2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 11109 2020 Originator CKIMMI Finance Approver CHRIS D'OVIDIO Purchasing Approved Date 11;04;2020 Finance Approved Date 11:0412020 Tyler Ref # AG 110920 Legal Counsel BOB CHOATE Legal Counsel Approved Date 11 04 2020 MEMORANDUM Date: October 21, 2020 To: Rob Turf, Purchasing From: Clay Kimmi, Project Manager, Public Works RE: B2000179, CR 80 and CR 37 Intersection ROW Acquisition and Appraisal Services Public Works has conducted a Best Value selection process to select a consultant to perform the ROW acquisition and appraisals for the CR 80 and CR 37 intersection project. A team comprised of Don Dunker, Rob Turf, Cameron Parrott, Hayley Balzano, and Clay Kimmi reviewed and scored four (4) proposals. See attached ranking summary. The first ranked proposal was submitted by Western States Land Services (Western States). The Western States was also the lowest proposed cost. The design costs ranged from $53,350 to $109,955. However, all four firms did not include the $5,000 Other Professional Services line item. After adjusting all of the proposals for the omitted line item, Western State's final fee amount of $58,350 is the lowest proposal cost. Weld County has used the services of Western States multiple times in the past few years. They have been found to be responsive to our needs. They also have completed our projects on budget. It is our recommendation to award the ROW acquisition and appraisal contract for the CR 80 and CR 37 Intersection Project to Western States Land Services, LLC for a not to exceed amount of $58,350.00. Weld County Public Works Department believes the contract amount is reasonable. to �m2o- 3065 CR 80 & CR 37 R Date: 10/21/2020 gent equest for Prop sal anking Summary CONSULTANTS RFP Sum :.°-ary HDR Engineering Stanley Consultants Ulteig Western States Scorer 1 2 3 4 1 Scorer 2 2 3 4 1 Committee Members 2 2 4 1 4 3 1 Scorer 5 2 3 4 1 Total Scoring Ranking 10 16 Low score is best 2 3 4 1 Best Value WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E -Mail: cmpeters(a�weldgov.com E-mail: reverett anweldgov.com E-mail: rturf(a�weldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: OCTOBER 7, 2020 REQUEST FOR: ROW ACQUISITION AND APPRAISAL SERVICES DEPARTMENT: PUBLIC WORKS BID NO: #B2000179 PRESENT DATE: OCTOBER 12, 2020 APPROVAL DATE: TBD VENDORS ULTEIG 5575 DTC PKWY #200 GREENWOOD VILLAGE CO 80111 STANLEY CONSULTANTS INC. 8000 S. CHESTER ST, SUITE 500 CENTENNIAL CO 80112 HDR ENGINEERING 1670 BROADWAY, SUITE 3400 DENVER CO 80202 WESTERN STATES LAND SERVICES LLC 505 NORTH DENVER AVENUE LOVELAND CO 8053 Public Works Dept will be reviewing bids. 2020-3065 10/12 Hello