Loading...
HomeMy WebLinkAbout20143363.tiff • MEMORANDUM t►1l ¶ I E� '1'O: Clerk to the Board DATE: April 7, 2015 V ..�-, . Y ( FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item RE: WCR 49 Project, Phase 2 Right-of-Way Acquisition Change Order No. 1 with Briggs Field Services in the amount of$33,882.00. Enclosures --6;a"*"algoo/s9 RECEIVED WELD COUNTY COMMISSIONERS M 94nnc it.�G 5 N DA ivcnoa.Aecnd a-Leon-I Inc 06; )w (1-sloe) ` - 13- &Gib 7,9 - �� aot�l -33(83 EG OO7O BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Weld County road 49 Phase 2 ROW acquisition project- Change Order No.! DEPARTMENT: PUBLIC WORKS DATE: 3/16/2015 PERSON(S) REQUESTING: Leon Sievers and Elizabeth Relford • Brief description of the problem/issue: Public Works Department requests modification to Briggs Field Services original scope of surveying and right of way acquisitions services to include addition work associated with the additional surveying required to set monuments along the new fee simple right of way. This cost also includes modifying existing right of way plans • and legal descriptions to include existing road right of way as part of the conveyance. This will also require the right of way plans to be modified to be filed with the Clerk and Recorders office,per State Statute. Details of the scope of services and fee breakdown are described in the attached Change Order No.1. The additional services to he provided by Briggs Field Services are in the amount of $33,882.00. Staff has reviewed the proposal and recommends approving the change order. What options exist for the Board: Option 1: Approve the attached Change Order No.1 for Briggs Field Services. Option 2: Delay the proposed additional acquisition services and schedule a work session. Recommendation to the Board: Public Works recommends option 1 to approve Change Order No.1 for Briggs Field Services. If approved, Briggs Field Services plans to have the right of way acquired by September 4,2015. Approve Schedule Recommendation Work Session Comments Barbara Kirkmeyer,Chair Mike Freeman roe-- Sean P. Conway Julie Cozad • r(\4 Steve Moreno Attachments: Briggs Field Services Change Order No.I CHANGE ORDER NO.1 Date: March 16, 2015 Project: WELD COUNTY ROAD 49 PHASE 2 RIGHT OF WAY ACQUISITION PROJECT Owner: Weld County, Colorado Consultant: Briges Field Service The following change is hereby made to the Contract Documents: The original scope of services related to the Agreement for Professional Services dated November 24, 2014 needs to be modified. The County desires to add additional surveying, ROW plan revisions and revisions to legal descriptions to the scope of work.Details ofthe scope of services and fee breakdown are described in the attached documents provided by the consultant. CHANGE TO CONTRACT PRICE: Original Contract Price: $197,058.96 Current Contract Price adjusted by previous Change Orders: $197,058.96 The Contract Price due to this Change Order will be increased by: $33,882.00 The new Contract Price. including this Change Order, will be: $230.940.96 CHANGE TO CONTRACT T11'1E: The Contract Time will be increased by 1 month. The date for completion of all Work will be: September 24, 2015 . RECOMMENDED:. Project Manager: c •F`L/ ... Date:— ,Leon Sievers. Rigl of Wad Manager Supervisor: �� l . 1 Dater V6;//5 L abeth Relford, Tr sportation Planner APPROVALS: Consultant: ��-'•% . , _ D . 4/ a/\S Brig Fie Services, Inc APR 132015 Owner: Date:_______ arbara Ki meyer(BOCC Chair) Page of 2 pages 0Zb/'�.� 33 (3 ATTEST: daistfot) 6 JdAD;tik BOARD OF COUNTY COMMISSIONERS Weld C my Clerk to the Bo rd WELD/I COUNTY, O U NTY, OLOR.ADO BY: 4.1-4A-4- lA-/014-b- per-' eputy CI k to the Boar . arbara Kirkme er, Chair 4'�jj,Z APR 13 2015 , OVER AS F I APPROVED AS 0 SUB ANCE: Controller El • • ial or D partment Head°11101 APPRO AS TO FOR ;� itetK Director of General Services C Page 2 of 2 page, c,2b/` 333 Weld County Road 49 Phase II (SRP-26) Original Contract No.2014-3363 Dated November 24.2014 Change Order#1 - (Revised after meeting on Jan 28,2015 and follow up call on Feb 02,2015)as follows: A. 1 Additional Surveying as needed Lump Includes cost for Title Commitments $22,938.00 Sum 2 Revision to existing ROW Plans 3 @$1543.00 $4,629.00 3 Revision to existing Legal Descriptions 17@$100.00 $1,700.00 4 Addition to Acquisition 1@$2500 $2,500.00 5 Kin: Surve ors Cost to Revert Back $2,115.00 $2,115.00 Total Cost for Change Order#1 $33,882.00 Change Order#1 covers the cost for additional surveying and cost for title commitments is included in lump sum surveying cost as required in initial Request for Bid dated October 1, 2014. Change Order #1 also covers cost for revisions to right of way plans and legal descriptions. Briggs Field Services cost for acquisition was estimated on 50 parcels; the estimated number of parcels required for acquisition is now fifty-one (51); Change Order #1 includes cost for one (1) additional parcel. Change Order #1 also includes the cost for reverting back to original bid from Change Order#1 on February 2,2015. B. The timeline for completion of acquisition should be extended by at least 30 days due to delays caused by the revisions. IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT on this day of .2015 CONTRACT PROFESIONAL: BRIGGS FIELD SERVICES, INC. BY: t.e , PRINTED NAME: e. e-rL..k3 • g TITLE: 'Pr'� `cQ"`-� DATE: 31►31 lc:A S Page 1 of 2 1$61 MEMORANDUM InTO: Clerk to the Board DATE: November 17, 2014 2.c T t FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Items RE: WCR 49 Corridor, Phase 2 Attached are two, duplicate original Agreements for Professional Services with Briggs Field Services, Inc. for the WCR 49 Corridor, Phase 2, Right-of-Way Acquisition Services Please return one signed original to Pubic Works. RECEIVED Enclosures - C N0V 17 2014 WELD COUNTY COMMISSIONERS NI Fra',ue,AGENDA nmmos'.Agxnda-I.cnnJ Doc 2&1 y-33S3 Ca,4.extt / c u?w ersYrc zG oo 2O II-2g1 -14 11-2LF-I�f AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY AND BRIGGS FIELD SERVICES, INC. WELD COUNTY ROAD 49 CORRIDOR PHASE 2 RIGHT OF WAY ACQUISITION SERVICES ill THIS AGREEMENT is made and entered into thi24 day of November , 201V, 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 Briggs Field Services, Inc., a corporation, who whose address is 12000 E. 47th Avenue, Denver, Colorado, 80239, 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 "Proposal Package No. B1400189". The RFP contains all of 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 A,DI4- 33(03 Exhibits A and B. Both of the 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 or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that 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 $ 197,058.96, which is the bid 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 bid 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. County will not withhold any taxes from monies paid to the Contract Professional hereunder and Contract Professional agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 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. claim a Payment to Contract Professional will be made only upon presentation of proper 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 with regard to 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 as set forth in Exhibit A 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 particular 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. County shall have the right (but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contract Professional and Contract Professional shall cooperate in such process. 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. 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., with regard to 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 keep the required insurance coverage in force at all times during the term of the Agreement,or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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 Director of General Services 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 coverage's 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 sufficient 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 maintain at all times 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 of 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. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 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 products and completed operations 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. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 2,000,000 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 County as an additional insured. 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 coverage's 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. Contract Professional agrees that any duly authorized representative of County, including the County Auditor, shall, until the expiration of five (5) years after the final payment under this Agreement, have access to and the right to examine and audit any books, documents, papers and records of Contract Professional, involving all matters and/or transactions related to this Agreement. 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, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. 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: Attn.: President, Address: Address: E-mail: Facsimile: With copy to: Name: Position: Address: Address: E-mail: Facsimile: County: Name: Leon Sievers Position: Right of Way Agent, Surveyor Address: Weld County Public Works Address: PO Box 758, Greeley, Colorado 80632 E-mail: lsievers@weldgov.com Facsimile: 970-304 6497 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 actually 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 of 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 an 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. 30. Attorneys 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. 32. 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. n f N WITNESS WHEREOF,the parties hereto have signed this Agreement thisat day of Uorentof , 201i CONTRACT PROFESSIONAL: BRIGGS FIELD SERVICES, INC. By:cJ� CaTh Date k\ / e ao 1 dc- Name: • Title: C�t � L& ?r''s'c .a . WELD CO TY: . ATTEST /`.< • 11.4®` BOARD OF COUNTY COMMISSIONERS Weld County ler o the B. r. p WELD COUNTY OLORADO • BY: � !1 (pp • J CJ .p• • D-.uty Clerk to the Bo. d / Douglas 'ademache , Chair NOV 2 4 2014 APPROVED AS TO FUND . �' r APPROVED AS S SUBSTANCE: Plain te Controller El ial or Department Head _APP S TO FORM: Director of I eneral Services • ounty Attorney Required procedure prior to sending to clerk to the board. 1. Work with purchasing to finalize specifications and bid documents 2. Submit to County Attorney's Office for Review 3. Attach insurance certification 4. Attach Bond documents. 5. Attach any other exhibits. EXHIBIT A REQUEST FOR BID 4.'° 1801 a-- WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: October 1, 2014 �µ BID NUMBER: B1400189 DESCRIPTION: RIGHT OF WAY ACQUISITION DEPARTMENT: PUBLIC WORKS MANDATORY PRE-BID CONFERENCE DATE: THURSDAY, OCTOBER 16, 2014 @ 1:00 PM BID OPENING DATE: MONDAY, OCTOBER 27, 2014 @ 10:00 AM (PURCHASING TIME CLOCK) 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: QUALIFIED CONSULTANTS TO PROVIDE PROFESSIONAL SERVICES RELATED TO THE ACQUISITION OF 50 RIGHTS-OF-WAY AND EASEMENT PARCELS ALONG PHASE 2 OF THE WCR 49 CORRIDOR. A mandatory pre-bid conference will be held at 1:00 p.m., on Thursday, October 16, 2014, at the Weld County Public Works Conference Room. The Public Works Building is located at 1111 H Street in Greeley. Bidders must participate and record their presence at the pre-bid conference to be allowed to submit bids. Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: 10 AM,October27,2014 (Weld County Purchasing Time Clock). PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above-listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/PurChasind/index.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E-Purchasing System. The Rocky Mountain E-Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and BID REQUEST#B1400189 Page 1 awards on this one centralized system. Bid Delivery to Weld County— 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids @ w e l d g o v . c o m . Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room#107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the q part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been P P 9 9 awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). BID REQUEST#B1400189 Page 2 Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. SUCCESSFUL BIDDER HIRING PRACTICES- ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder 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 of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder 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 Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder 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 Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder 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. Successful bidder 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. Successful bidder 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 Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder 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. Successful bidder 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 Successful bidder 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, Successful bidder 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 Successful bidder receives federal or state funds under the contract, Successful bidder 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 Successful bidder 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. 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are BID REQUEST#B1400189 Page 3 contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. C. Governmental Immunity: No term or condition of the 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. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to 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 (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder 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. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. BID REQUEST#B1400189 Page 4 I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder 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. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. 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. M. 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 the successful bidder shall be the basis for additional compensation unless and until the successful bidder 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 or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder 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. The successful bidder 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 the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder 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. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title BID REQUEST#61400189 Page 5 to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non-Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder 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 the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. 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. R. Non-Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest— C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree 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 the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. 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. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. 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. BID REQUEST#B1400189 Page 6 W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder 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 County's delegated employee, or by formal resolution of the Weld X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders 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. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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 Director of General Services 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 Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Successful bidder 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 coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder 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 successful bidder 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 successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, 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 successful bidder to conform to any statutes, ordinances, regulation, law or court decree. BID REQUEST#61400189 Page 7 The successful bidder 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 successful bidder 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 successful bidder 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 successful bidder 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 successful bidder 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 successful bidder shall obtain, and maintain at all times 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 of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shalt not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder 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. Successful bidders 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 Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder 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, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the BID REQUEST#B1400189 Page 8 requirements herein and shall procure and maintain the same coverage's required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub- vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub-vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: PROJECT OVERVIEW: Weld County is soliciting bids from qualified consultants to provide professional services related to the acquisition of 50 rights-of-way and easements parcels along our WCR 49 Phase 2 corridor project. Phase 2 is 11 miles in length and begins on WCR 49 at the north ROW line of 1-76 and ends on WCR 49 at the south ROW of WCR 38. The qualified consultant will be a person or firm listed on CDOT's approved acquisition/relocation list. This will be a low bid contract with all invoices based on an hourly rate fee schedule. The low bid will be determined based on the total of the not to exceed amounts listed on the bid schedule. CONTRACT TIME: All parcels will be acquired and completed no later than 8 MONTHS from the date of the Notice to Proceed. SCOPE OF WORK: The following project items will be required and should be included in the bid costs for this project: Surveying: Provide sufficient land surveying to prepare right of way plans, legal descriptions and exhibit maps. Surveyor shall set wooden stakes (1"x2"x24") along the proposed right of way lines and easement lines with adequate spacing to be easily recognized by the land owner and appraiser. The Land Surveyor shall furnish Weld County a copy of the Right to Enter form signed by the landowner. A template for the form will be provided by Weld County. All surveying will be completed under the direction of a Colorado Registered Professional Land Surveyor. Surveying shall be paid for as Lump Sum which will include the costs for title commitments. Title Commitments: Secure title commitments on all the right of way and easements parcels that are to be acquired. Title commitments and copies of all documents mentioned in the commitment will be furnished to Weld County electronically when received from the title company. Before closing, an updated commitment will be required if the previous commitment is over 90 days old. To assist in expediting the project, Weld County will secure Title Commitments (at County's expense) for the southerly 12 parcels, which should be sufficient to begin the Right of Way plans for the southern 3 miles of the project. Weld County will also secure the updates for these 12 commitments, if necessary. Title Commitments shall be paid for as part of the surveying lump sum. Right of Way Plan: Prepare right of way plans using the template provided by Weld County. Right of way plans will be individually BID REQUEST#B1400189 Page 9 prepared and individually provided on a per mile basis. The plans are a brief and condensed version of the typical CDOT style of right of way plan. The right of way plan will indicated the size of the parent parcel, will show and label all parcels and easement being acquired and will show and label all existing easements that may be affected. The right of way plans will be signed and stamped by a Colorado Registered Professional Land Surveyor. Right of way plans will be submitted to Weld County for review and approval. Right of way acquisitions will not begin without an approved right of way plan. A copy of the Weld County right of way plan template will be available during the mandatory pre bid meeting. Weld County will furnish centerline information of the proposed new right of way and will furnish a map showing the new right of way and areas where additional right of way may be needed. The right of way plan will show areas of additional easements that may be needed to relocate an existing utility that is being displaced by the acquisition of right of way. Right of Way plans will be paid for per the hourly rate schedule with a not to exceed amount. Legal Descriptions: Legal descriptions will be prepared under the direction of a Colorado Registered Professional Land Surveyor. Legal descriptions, exhibit maps and photo maps will be prepared for all right of way parcels and all temporary and permanent easement parcels 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 will be furnished to Weld County for review and approval at the same time as the right of way plans are submitted. Examples of the legal description, exhibit maps and photo maps will be furnished by Weld County. Legal descriptions shall be paid for per the hourly rl rate schedule with a not to exceed amount. Notice of Interest/Intent: The Consultant will deliver to the landowner a Notice of Interest or Intent after the right of way plans and legal descriptions have been approved by Weld County. Even though there is no anticipated Federal Funding associated with this project, the Consultant will 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 reason costs of an appraisal completed by an appraiser of the landowner's choosing. The Notice will also include an appraisal guideline form, the example of which will be furnished by Weld County. Notice of interest shall be paid for per the hourly rate schedule under acquisitions and will not exceed the amount bid per parcel. Appraisals: A copy of the land owner's appraisal will be sent directly to Weld County along 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 that Weld County will secure for its use, will be the basis for the issuance of a Statement of Fair Market Value or Value Finding, prepared by Weld County. Appraisals shall be paid for by Weld County and will be paid directly to the Appraiser per the invoice supplied by the Appraiser. Offer: The Consultant will make an offer based on the Fair Market Value or value finding, prepared by Weld County. If an agreement can not be reached using the Fair Market Value amount, the Consultant will prepare an Administrative Settlement form stating the amount needed to reach an agreement. The Administrative Settlement form will be delivered to Weld County for approval and when approved will be the amount offered. Weld County will provide an agreement form to be used by the Consultant. The Consultant will keep a log of all communication with the landowner and will 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 will be surrendered to Weld County and Weld County will move forward taking the steps necessary to secure the parcel. At that point, the Consultant can consider this parcel completed and done. BID REQUEST#B1400189 Page 10 Offer shall be paid for per the hourly rate schedule under acquisitions and will not exceed the amount bid per parcel. Agreement: The Consultant will deliver a signed agreement to Weld County for Board of County Commissioners approval. Agreement shall be paid for per the hourly rate schedule under acquisitions and will not exceed the amount bid per parcel. Relocations: There are two homes that will be acquired on this project. Both of the homes will require relocation and being a partial acquisition that involves the home. Relocations shall be paid for per the hourly rate schedule with a not to exceed amount for relocations. Closings: Once the Board of County Commissioners has approved the agreement, a check will be ordered. Weld County will deliver the check to the Consultant and the Consultant will give the check to the landowner along with a release and closing statement and a Deed/Easement form. Weld County will furnish blank forms to be used. The signed Deed/Easement will be delivered to Weld County along with a copy of all files. If the landowner has a Deed of Trust and it is near or more than the land is valued, a formal closing will be needed using a title company. At that time, the Consultant will deliver the necessary information to the title company and all information and documentation will be surrendered to Weld County for Weld County to complete the closing. At that time the Consultant can consider this parcel completed and done. Closings shall be paid for per the hourly rate schedule under acquisitions and will not exceed the amount bid per parcel. Copies of files: When the parcel has been acquired, the Consultant will surrender all files to Weld County. Other: Consultant shall attach a current hourly rate schedule to the bid document that will show the billing rate for every category of employee who will work on this project. Failure to attach the rate schedule will be grounds to reject the bid. There are currently 2 projects under design or construction along this corridor; the WCR 22/49 intersection improvement project and the WCR 18%/49 intersection improvement project. Right of Way parcels have been acquired or are currently under acquisition for these projects and have not been included in the current list of landowners for this project. The landowner list will be provided at the mandatory pre-bid meeting. Weld County will furnish blank forms and examples of other documents needed for the acquisition in word or PDF file format. Weld County will furnish existing right of way information along WCR 49 and side roads, proposed right of way centerline and a map of the proposed right of way on a digital photo. Weld County will furnish section corner information along the centerline of the WCR 49 corridor to include coordinates and scale factors. Consultant shall submit monthly pay requests with documentation of hours spent on each individual bid item. The pay request shall be in conformance with the current hourly rate schedule submitted with the bid. BID REQUEST#81400189 Page 11 Consultant shall furnish County weekly updates of the status of each parcel currently being acquired. This update shall show the status, concerns, issues and recommendations for moving forward. QUALIFICATIONS: The qualified consultant will be a person or firm listed on CDOT's approved acquisition/relocation list. Each proposal must include a listing of experiences with similar services within the last three years, together with a list of at least three (3) references including the following: contact information: name, position, telephone number and e-mail address. All references will be thoroughly checked. The firm shall provide professional references to the County upon request. The undersigned, having become familiar with the specifications for CR 49 CORRIDOR PHASE 2 RIGHT OF WAY ACQUISITION/Public Works Department, hereby proposes to Weld County as set forth in the following schedule: ITEM AMOUNT UNIT UNIT AMOUNT TOTAL AMOUNT NOT TO EXCEED NOT TO EXCEED Survey LS LS $ $ ROW Plans 11 EA $ $ Descriptions 125 EA $ $ Acquisitions 50 EA $ $ Relocations 2 EA $ $ TOTAL $ **The successful Consultant must enter into a separate professional services agreement with Weld County.** BID REQUEST#61400189 Page 12 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1400189. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID# SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -8. BID REQUEST#B1400189 Page 13 EXHIBIT B Proposal to Provide: BID No. 1400189 - THE WCR 49 CORRIDOR PHASE 2, RIGHT OF WAY ACQUISITION SERVICES PUBLIC WORKS DEPARTMENT UNDER THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT t. . BRIGGS Field Services, Inc. Prepared For: WELD COUNTY BOARD OF COUNTY COMMISSIONERS Submitted by: BRIGGS FIELD SERVICES. INC. 12000 E.47m AVENUE DENVER,COLORADO 80239 KING SURVEYORS October 27, 2014 TABLE OF CONTENTS EXPRESSION OF INTEREST (Cover Letter) Section 1. PROJECT DESCRIPTION Section 2. QUALIFICATIONS AND EXPERIENCE Section 3. PREVIOUS WORK PRODUCTS (REFERENCES) Section 4. PROPOSED WORK PLAN Section 5. PROJECT TEAM AND ORGANIZATION STRUCTURE 1. Organization Chart 2. Resumes Section 6. COST PROPOSAL (BID) 1. Fee Schedules Section 7. APPENDIX }i BRIGGS m X11 12000 E. Avenue,Bone 239 Field Services, Inc. Denver,Tel:303-7065669 Tel:303-7165669 Fax:303-716-5661 June 12,2014 Ms. Rose Everett Weld County Board of County Commissioners Attn: Purchasing Department 1150 O Street, Room#107 Greeley,CO 80631 RE: Request for Proposal"(REP)"Professional Services Related to the Phase Two Acquisition of 50 Rights-of-Way and Easements Parcels Along the WCR 49 Corridor Dear Ms.Everett: In response to your Request for Bids (RFB), BRIGGS FIELD SERVICES, INC. (BFS) a prime contractor and a corporation of the State of Texas, herewith submit a summary of our qualifications to provide right of way services that includes acquisition and relocation advisory services under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and implementing regulation, 49 CFR Part 24 and Weld County's Right of Way Manual and Policies and Procedures. In partnership with Weld County Board of County Commissioners, BFS will work to the specific goals of the County to provide cost-efficient and public sensitive, solutions to acquisition of real properties. To do this, we will draw on our past successful experience and lessons learned, commit the services of our most experienced staff, and develop a systematic and objective project approach that will exceed the requirements of Weld County. We have outlined our Proposal to address the items listed in the RFP format. The focus of the BFS team's role is to handle the project in a professional and expeditious manner, establishing at the outset, a mutual respect among all participants. The BFS team recognizes that its role is complementary in nature and will approach the project seeking to make whatever contribution necessary to achieve the objectives of Weld County. In preparing our proposal, no attempt has been made or will be made to induce any other person or firm to submit or not to submit a proposal. BFS is an "Equal Opportunity Employer" the firm does not discriminate in employment practices with regard to race, color, religion, age (except as provided by law), sex, marital status, political affiliation, national origin or disability. No cost or pricing information has been included in the transmittal letter or the Technical Proposal. BFS presently has no interest, direct or indirect, which would confect with the performance of services under this contract and shall not employ, in the performance of this contract, any person having a conflict. The Point of Contact (POC) is Kerry J. Briggs, I am authorized to make decisions as to pricing quoted and has not participated, and will not participate, in any action contrary to the above-statements. BFS has no parent company and does not anticipate such association in the future. BFS is conscious of Weld County's federal matching funds and efforts will be made to protect such funding. We would very much appreciate the opportunity to work with the Weld County on this very important project. BFS has no law suits in the past or pending. The firm is financially sound and will have no difficulty meeting the demands of the project. If you have any questions or need additional information, you may reach me at 832-541-8733 or by email at kerry.briggsgbriggsfieldscrvices.cum. Respectfully Submitted, BRIGGS FIELD SERVICES,INC. Kerry J.Briggs,Principal Statement of Qualifications SECTION 1 PROJECT DESCRIPTION Weld County, Colorado proposes to secure professional for Phase II Acquisition,Right of Way Services in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Act), Federal and State laws and regulations, and Weld County's Right of Way policies and procedures. The general scope of services includes but is not limited to Tasks One (1) through Eleven (11) as spelled out in the RFP consisting of Surveying Services, Title Services, Right of Way Plans, Legal Descriptions, Administration and Project Management, Negotiation Services, Closing Services, Relocation Assistance Services, Property Management Services,Quality Assurance and Safety. The Briggs Field Services Team is uniquely qualified and proposes to manage assigned projects from offices located in the project area for the duration of the project. Members of the BFS team have experience providing right of way services in Weld County, Colorado. The BFS team will provide services as listed in Tasks One (1) through Eleven (11) as spelled out in the RFP consisting of Surveying Services, Title Services, Right of Way Plans, Legal Descriptions, Administration and Project Management, Negotiation Services, Closing Services, Relocation Assistance Services,Property Management Services, Quality Assurance and Safety. All right of way services required, shall be conducted in accordance with all local, State and Federal laws and regulations including without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs (42 USC 61), as amended (the Uniform Act), 49 CFR Part 24, as well as all applicable Weld County's policies and procedures. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES REQUEST NO#B1400189 Page 2 Statement of Qualifications Section 2 QUALIFICATIONS AND EXPERIENCE BRIGGS FIELD SERVICES, INC. with offices in Denver, Colorado; Little Rock, Arkansas; Houston and Dallas, Texas; Sacramento and Long Beach, California is a full service right of way acquisition and support service company that provides a complete range of right of way support services to the private and public sectors. BFS provides right of way acquisition and relocation advisory services to local, state and federal government agencies under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Act). BFS has diverse experience in right of way management,land acquisition,relocation assistance, property management and project management and permitting and coordinated utility relocation. Kerry Brigg, President of Briggs Field Services has over eight (8) years experience with the Union Pacific Railroad where he managed railroad right of way in over 16 states. Experience includes utility coordination and license agreements as well as experience as an engineering technician where all assignments were in accordance with the Federal Railroad Association (FRA) procedures and guidelines. Mr.Briggs began his career with Garver Engineering,Little Rock,where he made contributions on the Interstate 630 and Interstate 440 Highway Projects. Others members of the BFS team has years of experience with State Highway Projects from various States and a working knowledge of Federal Highway Administration (FHWA) policy and procedures. BRIGGS FIELD SERVICES, INC., (Formerly Briggs Thomas & Associates) was founded in 1986. BFS has been providing right of way acquisition, relocation services and property management services to local and state government agencies since 1989. Over the last three (3) years, the firm has in progress or completed projects similar to the Weld County Project consisting of a 56 parcel road widening project with Saline County, Arkansas. The Harebell Bridge Improvement Project, San Juan Village Metro District, Pagosa Springs, Colorado, the Rio Blanco Bridge Improvement Project, Archuleta County, Colorado and the widening of FM 1774 with the Texas Department of Transportation. Since 2009, BFS has provided right of way acquisition, relocation services, property management, and project management to the Regional Transportation District(RTD)in Denver, Colorado, on the West Corridor Light Rail Project and through its sub-consultant,valuation and consultant services on several existing railroad corridors under the FasTracks Program. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES REQUEST NO#81400189 Page 3 Statement of Qualifications BFS recently completed right of way acquisition and relocation assistance to the RTD on the Eagle P-3 Project, a 23-mile commuter rail from Denver Union Station to the Denver Airport Since 1996, BFS has provided right of way acquisition and relocation assistance for light rail projects under the Federal Transit Administration (FTA) guidelines and Caltrans right of way procedures and guidelines. BFS provided right of way acquisition on the Tasman West Light Rail Project for the Santa Clara Valley Transportation Authority (VTA) in San Jose, California. We were instrumental in the project meeting its scheduled construction date and being named Public Project of the year by the American Public Transit Association in 1997. BFS establish itself as a firm the VTA trusted and relied on for right of way acquisition services. In 1999, BFS contracted with the VTA to provide right of way acquisition for the Tasman East Light Rail Project, Capital Light Rail Project and the Vasona Light Rail Project. The projects were completed on schedule and within budget through 2001, using FTA and Caltrans guidelines and procedures. Since June of 2006, BFS has provided right of way acquisition and relocation assistance to the Houston Metropolitan Transit Authority in Houston, Texas. BFS was assigned the Southeast Corridor,East End Corridor and the Intermodal site located north of downtown Houston. BFS has added value to the project that far exceeded the typical property acquisition and relocation assistance. BFS has assisted with preliminary engineering consisting of field investigations; cost estimating for the overall acquisition projects, consulting on most feasible route through market analysis coordination of environmental,appraisal and land surveying. In 2005, BFS was selected by Via Metro of San Antonio, Texas to provide right of way acquisition,relocation assistance,title research,project management and property development services. BFS has demonstrated the ability to respond to the client's needs within the projected time frame and project budget. BFS has demonstrated a high success rate in negotiating for acquisition without the need for condemnation. BFS has experience in right of way acquisition for Federal, State and local government agencies in accordance with Federal and State Uniform Real Property Acquisition Policies Statues. Project experience includes the following: • Acquisition and permitting of right of way for regional transportation projects, municipal water and sewer line projects and electric utilities. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES REQUEST NO#61400189 Page 4 Statement of Qualifications • Right of Way acquisitions that involve politically and culturally sensitive issues. • Administering federally- funded program relating to negotiation and acquisition of right of way and real property relocation, title research, title report and title opinion preparation, appraisal review and property management. • Developed and administered relocation advisory assistance plans. • Reviewed appraisals for determination of just compensation in compliance with all applicable rules and regulations. • Acquisition of right of entry permits and right of way negotiations for local public agencies. • Management of railroad right of way; coordinated utility relocations for railroad expansion projects,title research and damage claim settlements. BFS is financially stable and has no pending litigation, bankruptcy or legal matters that may impede BFS ability to perform or complete projects for Weld County. To meet the needs and requirements of Weld County, BPS has assembled a team that has worked together on previous projects and include real estate appraisers, relocation assistance providers,right of way acquisition firms and project management providers. The Briggs Field Services Team is highly qualified for this assignment and will include local certified small businesses and certified DBE firms in accordance with the requirements of the Weld County. The BFS Team consists of the following sub-consultants: •King Surveyors-Surveying Services •Front Range Title Services-Title and Closing Services The BRIGGS FIELD SERVICES TEAM offers several significant advantages to Weld County which includes a commitment of the key principals of the firms to the project,Database Project Management System and a proven Quality Control System. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES REQUEST NO#B1400189 Page 5 Statement of Qualifications Section 3 PREVIOUS WORK PRODUCTS Harebell Bridge Improvement Project, San Juan Village Metro District, Pagosa Springs, Colorado, Cynthia Purcell, (970) 731-3615 BFS was selected as prime consultant to provide right of way acquisition assistance for the Harebell Bridge Improvement Project in Pagosa Springs, Colorado. Services provided include project management, planning, cost estimating, acquisition escrow and closings and property management. Rio Blanco Bridge Improvement Project,Archuleta County,Colorado BFS was selected as prime consultant to provide right of way acquisition assistance for the Rio Blanco Bridge Improvement Project in Pagosa Springs, Colorado. Services provided include project management, planning, cost estimating, acquisition escrow and closings and property management. West Corridor Light Rail Project, Denver Regional Transportation District (RTD), Denver, Colorado, Susan Altes, 303-299-2440, BFS was selected as prime consultant to provide right of way acquisition and relocation assistance for the West Corridor of the RTD FasTracks Light Rail Program in Denver, Colorado. Services provided include project management, planning, cost estimating, acquisition and relocation assistance, escrow and closings and property management. Eagle P-3 Commuter Rail Project, Denver Regional Transportation District (RTD), Denver, Colorado, Susan Altes,303-299-2440, BFS was selected as prime consultant to provide right of way acquisition and relocation assistance for the FasTracks Light Rail Program in Denver, Colorado. Services provided include project management,planning,cost estimating, acquisition and relocation assistance, escrow and closings and property management. Project consisted of 85 parcels and included relocation of 81 industrial businesses. Alcoa Road & I-30 Road Improvement Project, Saline County, Arkansas , Jonathan Greer, (501) 303-1555 BFS was prime consultant, provided right of way acquisition and relocation services for the expansion of the Alcoa Road Project in Little Rock, Arkansas. Provided right of way acquisition and relocation assistance on 56 tracts to meet construction schedule. Texas Department of Transportation, Nena Calvin, 713-802--5696, nena.calvin@txdot.gov. BFS as Prime Consultant, provided right of way acquisition, relocation assistance, administrative services, title curative and closings on FM 1774 in Montgomery County, Texas. Consisting of 9 Parcels BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES REQUEST NO#87400189 Page 6 Statement of Qualifications East End Light Rail Project, Metropolitan Transit Authority, Houston, Texas Rhia Mangum Miller, 713-739-4021,BFS was selected as prime consultant to provide right of way acquisition and relocation assistance for extension of East End Corridor light rail expansion in Houston, Texas. Services provided included project management, planning, and cost estimating, acquisition and relocation assistance. Southeast Corridor Light Rail Project, Metropolitan Transit Authority, Houston, Texas Rhia Mangum Miller, 713-739-4021, BFS was selected as prime consultant to provide right of way acquisition and relocation assistance for extension of Southeast Corridor light rail expansion in Houston, Texas. Services provided included project management, planning, and cost estimating, acquisition and relocation assistance. Project is ongoing. Tasman West Light Rail Project, Santa Clara Valley Transportation Authority, San Jose, CA, (Former Project Manager) Rosalyn Zeigler, 916-616-0881, BFS was prime consultant, provided right of way acquisition for extension of Tasman West Light Rail, Tasman Project. Negotiated for the acquisition of 72 parcels construction schedule. Acquired 247 rights of entries in 2 mobile home parks within 2-weeks time period to maintain project schedule. Negotiations included noise mitigation measures. Tasman East Light Rail Project, Santa Clara Valley Transportation Authority, San Jose, CA, (Former Project Manager) Rosalyn Zeigler, 916-616-0881, BFS was prime consultant, provided right of way acquisition for extension of Tasman East Light Rail Project. Provided right of way acquisition and relocation assistance on 78 parcels to meet construction schedule without need for condemnation. Acquired 12 rights of entry, nine (9) possession and use agreements. Negotiations included noise mitigation measures. Capitol Light Rail Project, Santa Clara Valley Transportation Authority, San Jose, CA, (Former Project Manager) Rosalyn Zeigler, 916-616-0881,BFS was prime consultant, provided right of way acquisition for extension of Capitol Light Rail projects. Provided right of way acquisition and relocation assistance on 83 parcels to meet construction schedule without need for condemnation. Acquired 12 rights of entry, eight (8) possession and use agreements. Negotiations included noise mitigation measures. Vasona Light Rail Project, Santa Clara Valley Transportation Authority, San Jose, CA (Former Project Manager) Rosalyn Zeigler, 916-616-0881,BPS was prime consultant, provided right of way acquisition for extension of Vasona Light Rail Project. Provided right of way acquisition and relocation assistance on 85 parcels to meet construction schedule without need for condemnation.Acquired 27 rights of entry,16 possession and use agreements. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES REQUEST NO#B1400189 Page 7 Statement of Qualifications Section 4 APPROACH TO TASKS IN SCOPE OF WORK PROPOSED WORK PLAN Weld County,Colorado proposes to secure professional Right of Way Acquisition Services Statewide in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Act), Federal and State laws and regulations, and C-DOT Right of Way policies and procedures. The general scope of services includes but is not limited to Tasks One (1) through Eleven (11) as spelled out in the RFP consisting of Administration and Project Management, Surveying, Title Commitments, Right of Way Plans, Legal Descriptions, Negotiation Services, Relocation Assistance Services, Property Management Services, Closing Services, Quality Assurance and Safety. The Briggs Field Services Team is uniquely qualified and proposes to manage assigned projects from offices located in the project area for the duration of the project. Members of the BFS team have experience providing right of way services in Weld County and in the State of Colorado. The BFS team will provide services as listed in Tasks one (1) through fourteen (10) as spelled out in the RFP consisting Administration and Project Management, Surveying, Title Commitments, Right of Way Plans, Legal Descriptions, Negotiation Services, Relocation Assistance Services, Property Management Services, Closing Services, Quality Assurance and Safety. All right of way services required, shall be conducted in accordance with all local, State and Federal laws and regulations including without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs (42 USC 61), as amended (the Uniform Act), 49 CFR Part 24, as well as all applicable Weld County policies and procedures. TASK 1- ADMINISTRATIVE AND PROJECT MANAGEMENT BFS will provide project management services for all functions and tasks. The assigned project manager and will be assigned to the project for the duration of the project. The project will be managed and administered from offices located in the State of Colorado. BFS will participate in preparation of Task Orders(TO),monitor and track each task order, manage plans, schedules coordinate and manage real property functions and task required under contract at the direction of Weld County to meet Weld County's overall project schedules, and ensure completion of functions and tasks based on project time line. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES REQUEST NO#81400189 Page 9 Statement of Qualifications BFS staff will attend Kickoff Meeting,prepare Progress Reports using standard scheduling software to prepare and report project schedules. The Project Manager will provide information, reporting, and assistance to Weld County, as required on project issues related to complex negotiations , program scheduling budgeting, condemnation and eminent domain proceeding and Right of Way Certificates as required by Weld County. BPS will assist in informational presentations concerning land acquisition procedures at formal public hearings. BPS will develop Risk Management Plan, administer subcontracts,prepare and submit invoices, provide database management to ensure all required data is entered in Weld County's database. BFS will provide final contact report and participate in final meeting. PROJECT METHODOLOGY&STAFFING Our experience matrix shows staff to be assigned to project and the depth of knowledge and experience that we are prepared to commit to this project. The BFS team will utilize the project task force methodology for organization and execution of this project. Project assignments will be based upon the discipline required after the issuance of a written work directive authorized by Weld County. PUBLIC RELATIONS &PROJECT RELATIONSHIPS BFS recognize the importance of good public relations on projects we undertake. We recognize in our speech, attitude and presentations that we are representing Weld County. BFS personnel will approach this project in a professional manner as with all projects we undertake. We recognize the importance of returning telephone calls and correspondence in a timely manner. We are committed to "customer service" and the importance of treating property owners and members of the public with respect as we carry out our assignments on behalf of Weld County. We recognize that the Weld County is accountable to the taxpaying public for all acquisitions. BFS will communicate to property owners during negotiations that we are accountable for taxpayer's monies in making offers based on the appraisal report and approved administrative settlements. BFS recognizes and respect the cultural differences of the citizens of Weld County. The BFS team includes personnel who are familiar with the project area. The BFS team will ensure the needs of Weld County and the community is addressed throughout the term of the proposed project. PROJECT MEETINGS BFS team members will be assigned to the Weld County project, if required, for the duration of the project.Weekly project coordination meetings will be conducted to discuss the project. Joint meetings of the participants will be conducted to address specific issues rather than programmed. It is recommended that weekly status meetings with all participants be conducted to discuss the project status. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES REQUEST NO#81400189 Page 10 Statement of Qualifications PROBLEM RESOLUTION BFS Project Manager will work closely with Weld County to resolve any problems. Problems to be resolved will also be submitted to the Quality Assurance Manager for his/her review and approval. Weekly staff meetings will be held to allow for technical direction and to discuss any problems to assure that all functions are within total compliance with the statutory requirements and guidelines of the Uniform Relocation Assistance and Real Property Acquisition Policies Act and amendments thereto of the U.S. Department of Transportation, the Federal Highway Administration, and Weld County as it relates to land acquisition,relocation assistance and real estate appraisal for project. REPORTS FUNCTION BFS proposes to ufili7e various software to prepare the necessary reports to submit to Weld County. We understand the report function is a vital role in the work process.Reports will be generated using the guidelines of the Weld County. All reports will be generated using various software including Primavera, Microsoft Word, Excel, Access, Microsoft Project Management and others as directed by the Weld County Good communication from the project start—up is very important. A kick-off meeting is recommended. Guidelines will be given to each person working on the project during the start-up phase to assure proper documentation of information. The required information will be compiled on a daily basis to keep report information current. Each person assigned to the project will lcnow what is expected of them individually as well as the whole BFS Team. COMMITMENT The focus of the BFS teams role is to handle the project in a professional and expeditious manner, establishing at the outset, and a mutual respect among all participants. The BFS team recognizes that its role is complementary in nature and will approach the project seeking to make whatever contribution necessary to achieve the objectives of Weld County. STATEMENT OF DBE PARTICIPATION BRIGGS FIELD SERVICES,INC. (BFS)understands and supports the Weld County goals for Small Business Enterprise (SBE) and Disadvantage Business Enterprise (DBE) participation. BPS has always sought to choose its personnel and sub-consultants on the basis of professional qualifications first and foremost. BFS is committed to utilizing Certified DBE firms to meet the project needs. We propose a team that has worked together many times in the past and who has grown in the level of responsibility and effort on each job. Our experience matrix shows the depth of BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES REQUEST NO#B1400189 Page 11 Statement of Qualifications knowledge and experience that we are prepared to commit to this project. The BFS team will utilize the project task force methodology for organization and execution of this project. Project assignments will be based upon the discipline required after the issuance of a written a work directive authorized by Weld County. BRIGGS FIELD SERVICES STRENGTHS Briggs Field Services Team includes over 20 years of experience in relocation assistance, land acquisition, title research, real estate appraisal, appraisal review, closings, property management, and demolition. A PERSONAL APPROACH TO ACQUISITION Briggs Field Services approach to acquisition is one of respect to the property owner. We recognize we are trying to buy something that the owner does not necessarily want to sell. We recognize that in addition to explaining the project,reviewing the maps and making the offer that we must also be good listeners and hear what the property owners concerns are. We try to identify the property owners concerns as soon as possible and ask the property owner to submit their concerns to us in writing so that we have a clear understanding of the property owners concerns and our possible impasse to acquisition. We will submit the property owners concerns to the Weld County for review, consideration and our recommendation for resolving. We will often exceed the standard 34 contacts with the property owners to resolve any issues and create the personable relationship needed for a win-win settlement. BFS acquisition agents will never be rude or intimidating to a property owner. Usually a property owner asks about eminent domain before we bring up the words. After which, we have an obligation to explain the process. We also recommend allowing the agent to continue to negotiate a settlement even after a file has been turned over for condemnation. It is always important to reach a mutual settlement as we will be the face of Weld County and want to represent Weld County in a professional and ethical manner. In providing Right of Way Services to Weld County, all work will be performed in offices located in Colorado for the duration of the project. The BFS Team will provide the following: TASK 2- SURVEYING SERVICES BFS will utilize King Surveyors to prepare right of way plans and exhibit maps in accordance with the specifications listed in the Request for Bids. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES REQUEST NO#81400189 Page 12 Statement of Qualifications TASK 3 - TITLE SERVICES BFS will provide Title Services in accordance with the instructions listed in Specifications of the RFB. The Surveyors and Title Company will provide title certificates and provide supporting documents, provide title commitments including 30 year title searches in accordance with Weld County's Right of Way procedures, furnish updates or revised information to Weld County's Right of Way Engineering Section when change of ownership following certificates obtained during right of way plan preparation. BFS and Title Company will perform title curative and prepare proper instruments of conveyance and releases upon determination of title status. TASK 4 - RIGHT OF WAY PLANS BFS will utilize King Surveyors to prepare right of way plans and exhibit maps in accordance with the specifications listed in the Request for Bids. TASK 5 - LEGAL DESCRIPTIONS BFS will utilize King Surveyors to prepare legal descriptions in accordance with the specifications listed in the Request for Bids. TASK 6- NEGOTIATION SERVICES Utilizing the Uniform Act and Weld County's Right of Way Manual,BFS will coordinate all phases of the acquisition process. All work for the acquisition task will be performed in compliance with the Guidelines, Standards and Requirements shown in items 5.1 through 5.10 of the RFP for Right of Way Acquisition Services. BFS will coordinate all phases of the acquisition process; Assure all phases of the acquisition process are coordinated to meet all project schedules;Document the acquisition process and all work activities in a parcel diary; Maintain all records and documents, and prepare status reports throughout the acquisition process; Order Preliminary Title Reports prior to the acquisition process and coordinate all acquisition title requirements; Develop, present and negotiate all phases of the acquisition process using Weld County's standard documents; Coordinate all phases of escrow; Provide condemnation support, including Resolution of Necessity package preparation; Prepare all necessary documents; Ensure non-discrimination in all phases of the acquisition process; Ensure compliance with Environmental Justice and Guidelines. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES REQUEST NO#B1400189 Page 13 Statement of Qualifications BFS will develop, maintain and update project Logs, to prepare status reports. Assemble necessary documents in accordance to right of way and construction plans, legal opinions, fair market value estimates and other instructions as provided by Weld County. BFS will review title reports, appraisals and appraisal reviews, offer letters, waivers, instruments of conveyance and other necessary documents leading up to actual acquisition process. BFS will conduct negotiations for acquisitions of property in accordance with Weld County guidelines and procedures. BFS will take the following actions on each tract to be acquired for the project: • Deliver acquisition brochures, plats, offer letters, unsigned agreements and releases by personal contact and or registered mail. •Maintain diary of negotiator's contacts with property owners to document expedited negotiations, efforts to achieve amicable settlements, to respond to owners counter proposals. •Submit acquisition documents to Weld County and recommend action for settlements in accordance with Weld County's procedures or recommend initiating eminent domain proceedings.BFS will provide continued support during the eminent domain process. CONDEMNATION AND SETTLEMENTS In accordance to the Uniform Act, BFS will provide assistance in acquiring parcels for which amicable settlements has not been reached prior to construction. We will make recommendations for settlements; recommend parcels to be referred to Weld County's Legal Department for rights of entry,legal settlements and eminent domain proceedings. SUPPORT TO ENGINEERING BFS will provide title research, prepare necessary title reports to identify current landowners; and will assist Weld County in location studies, cost estimating, acquiring maps and other documents. We will coordinate our efforts in amending titles reports and documents, correcting errors and plan changes. BFS will provide assistance for and during required land surveys. We will assist with right of way plan changes, as-built documentation and related duties as directed by Weld County. TASK 7 - RELOCATION ASSISTANCE SERVICES: In providing relocation assistance and relocation advisory services, BFS will adhere to the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (as amended) BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES REQUEST NO#B1400189 Page 14 Statement of Qualifications "The Uniform Act" and Title 49 CFR Part 24. BFS will ensure that in providing Relocation Assistance services, that all displaced persons are treated fairly, consistently, and equitably so that such persons will not suffer disproportionate injuries as a result of project for the benefit of the public. Relocation assistance services will include but not be limited to providing relocation advisory assistance, providing displaces and Weld County with continued information on business and residential replacement properties, calculate monetary entitlements and inform displaces in writing of their calculated entitlements including specific comparable replacement property, issue appropriate notices, inspect replacement housing and assure replacement housing is decent, safe and sanitary. BFS will maintain contact reports and other related obligations in accordance with Weld County standard procedures. BFS will be utilizing Weld County's Right of Way Manual as required for direction and guidance. BFS relocation planning will include a Relocation Impact Study, Last Resort Housing Plan and Cost Estimate for the project. BFS will follow the Guidelines, Standards and Requirements shown in items 7.1 through 7.20 of the RFP for Right of Way Acquisition Services. TASK 8- PROPERTY MANAGEMENT AND OTHER SERVICES BFS will provide property management services as required. BFS will handle all required matters associated with providing Right of Way Services to Weld County. BFS understand that in providing right of way services it is impossible to identify each and every task associated with an acquisition project. BFS is committed to working with Weld County in every way possible to ensure the success of the project and to keep the project on schedule for construction. BFS will provide those services that we consider normal to the acquisition process that include but is not limited to obtaining Agreements for Possession and Use;Obtaining rights of entry; Obtaining agreements for road or railroad relocations; Coordinating project site visits with regulatory agencies; Negotiating damage contracts, borrow agreements; acquiring encroachment permits, and ground lease agreements, Coordinating the issuance of encroachment permits; Coordinating Utility Relocations, Identifying and clearing existing encroachment permits, Demolition and clearance of improvements; Completing real property acquisition estimates ; Providing escrow and title services to include title insurance and possibly litigation guarantees; and property management services, as required. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES REQUEST NO#B1400189 Page 15 Statement of Qualifications TASK 9 - CLOSING SERVICES In accordance with the Uniform Act, BFS will coordinate closings on behalf of Weld County, which will consist of delivering instructions to landowners, schedule closings, and obtain closing documents from property owners, Mortgage Company, title companies and Weld County. We will assist in assembling closing packages, deliver pertinent documents to closing company and represent Weld County at closings. BFS will coordinate with closing officer to ensure instruments conveying title of rights of way to Weld County are properly filed in appropriate county offices public records, ensure disbursements are made properly and promptly, ensure delivery of documents and warrants for acquisition payments to property owners and other duties as directed by Weld County. TASK 10 - QUALITY ASSURANCE In performing the work, BFS charge each individual to perform quality right of way services. We propose to have the work closely monitored by a QA/QC Team which would consist of: •Kerry J.Briggs,Project Manager •Michael Johnson,Lead Agent •Bernard Davis,Relocation Manager The committee represents a total of more than 60 years of professional experience in the private, public and academic sectors of Real Estate Research and Land Management. The primary function of the committee is to include a checks and balances to ensure that Weld County, is getting a quality service and to ensure that all functions are within total compliance with the statutory requirements and guidelines of the Uniform Relocation Assistance and Real Property Acquisition Policies Act and amendments thereto as it relates to land acquisition,relocation assistance and real estate appraisal for Weld County projects as well as the following: • To assure that Management Review Check List is explained, offered or discussed with landowners and to be in compliance with all applicable laws, rules and regulations. • To ensure that acquisition functions are in accordance with Weld County's policies and procedures in preparing Appraisal Summary Statements, Contract Clauses, Title Exceptions, preparation of the Property Data Sheets and Eminent Domain procedures. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES REQUEST NO#81400189 Page 16 Statement of Qualifications • BFS is aware of the importance of protecting the present and future Federal funding involved in this project. BFS will be specifically guided by the requirements of Sections 301 and 302 of Title III Uniform Real Property Acquisition Policy. • To ensure that monthly Project Status/Progress Reports are submitted to the Contract Administration by the fifth working day of each month and will include status of negotiations on each parcel, summary of activities for the past month, special problems encountered and actions needed to resolve special problems, identify progress against time schedule for each item and prove a forecast of completion dates from current progress. • To ensure complete and accurate records are maintained, including a separate file with appropriate reference by parcel number and grantor surname for each parcel to include originals of all correspondence. • To control cost by using a practical approach to acquisition. Reviewing the required tasks and scheduling the proper personnel to complete task in the most economical manner. Reviewing proposed project in field as well as maps to properly budget for the required work. Submit an estimate to budget for required assignment or each directive. Extra work and change orders will be properly documented to adjusted cost in directive. TASK 11 - SAFETY: BFS is committed to providing a safe and secure work environment. BFS maintains a Safety Manual to be distributed to all employees and sub-consultants. Monthly safety meetings will be scheduled and safety will be stressed at all project meetings. BFS safety measures will meet the standards required by Weld County. Safety will be a first priority as we work to meet the project needs of Weld County. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES REQUEST NO#61400189 Page 17 Statement of Qualifications Section 5 PROJECT TEAM AND ORGANIZATIONAL STRUCTURE In providing real property acquisition services, we propose to directly involve key members of our staff. The key staff has significant experience in the areas necessary for this project. A summary of key personnel experience is as follows: KERRY J.BRIGGS,Principal in Charge B.S.Industrial Technology-Grambling State University, Grambling,LA Discipline:Project Management/Acquisition/Quality Control&Assurance MICHAEL JOHNSON,Lead Agent B.S. Metropolitan State College,Denver,CO Discipline:Acquisition,Surveying,Relocation BERNARD DAVIS,Sr.Relocation Specialist, SR/WA B.B.A.,Real Estate, Florida Atlantic University Discipline: Acquisition/Relocation Specialist JODETTE BRYAN, Sr.Acquisition Specialist Colorado Department of Transportation Discipline:Acquisition,Relocation, Property Management JAMES A. COFFEY,Acquisition/Relocation Specialist B.S.Business Agriculture,Colorado State University,Fort Collins CO Discipline:Acquisition,Relocation, Property Management,Appraisal DOROTHY MATHER,Acquisition/Relocation Specialist,R/W-RAC Green River Community College, Kent WA Utah State University,Salt Lake,UT Discipline: Acquisition/Relocation Assistance Additional staff includes Title Specialist, Appraisal Specialist, Relocation Specialist, Right of Way Agents and CADD Technicians. The BFS team has capacity to place additional staff on project as warranted by particular requirements of a scope or work authorization. Project staff personnel have multi-disciplined experience and may change discipline if a need arises. Full resumes of the key staff are included hereafter. Briggs Field Services is an "Equal Opportunity Employer". BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES REQUEST NO#B1400189 Page 18 Statement of Qualifications Weld County WCR 49 Corridor Right of Way Services Principal-In-Charge Lead Agent Kerry J. Briggs Michael Jonson Meetings Project Manager Status Reports/Tracking Kerry Briggs Budget/Cost Control Project Coordination Quality Control &Assurance Title Services and Surveying Services Acquisition Closings Michael Johnson King Surveyors King Surveyors Jody Bryan James Coffey Larry Pepek Larry Pepek Right of Way Acquisition Permitting • Relocation Document Administrative Assistance Management Assistant Bernard Davis Dorothy Mather James Coffey Davits O'Neal James Coffey Records Management '.. Records Management Relocation Assistance Document Preparation Document Preparation Advisory Services Electronic Records Electronic Records BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES REQUEST NO#81400189 Statement of Qualifications RESUMES OF ASSIGNED STAFF Statement of Qualifications KERRY J. BRIGGS Principal in Charge Briggs Field Services EDUCATION: Bachelor of Science in Industrial Technology; Grambling State University; Grambling, LA, 1979 Relocation Assistance Certificate, AZ DOT; 1992 Broadway School of Real Estate; Little Rock AR; Certificate, 1985 Randall School of Real Estate; Omaha, NE; Certificate, 1987 Champions School of Real Estate, Houston, TX; 2003 PROFESSIONAL EXPERIENCE: Manager, Right of Way Services, Briggs Field Services, Inc.; 1989 to Present Real Estate Agent; Union Pacific Railroad Company; Omaha, NE; 1985-1988 Contracts/Real Estate Agent; Missouri Pacific Railroad Company; Little Rock, AR; 1983-1985 Engineering Technician; Missouri Pacific Railroad Company; Kansas RTD, MO; 1980-1983 Engineering Technician; Garver and Garver, Consulting Engineers; Little Rock, AR-1979-1980 Engineering Aide; United States Forest Service; Houghton, MI; 1977 PROFESSIONAL AFFILIATION: Member, International Right-of-Way Association International Right-of-Way Association; Pipe Line Committee Member PROFESSIONAL SUMMARY Mr. Briggs brings to the project over 25 years of diverse experience in land & right of way management and acquisitions. Mr. Briggs has most recently completed right of way acquisition on the LOP Southside Water Supply System for the Northeast Texas Municipal District. Coordinated relocation assistance and negotiated for right of way acquisition on the Capitol and Tasman Corridor Light Rail Projects with the Santa Clara Valley Transportation Authority in San Jose, California. Mr. Briggs has 8 years of experience with the Missouri Pacific and Union Pacific Railroads and has managed railroad right of way in ten (10) Midwestern and Southern states, was responsible for railroad land leasing in the State of Kansas and wire and pipeline license program, coordinated right of way acquisition and exchange of property for expansion projects and downtown development projects. Mr. Briggs has coordinated with pipeline companies, gas and electric utilities, communication companies, federal, state and local government agencies in utilizing railroad right of way and relocation of utilities. Coordinated with telecommunication companies in the design routing and installation of cross country fiber optic cable on railroad right of way and contributed information in preparation for railroad "call before you dig" policy, has experience in right of way engineering, was responsible for preparing plan and profile drawings, construction surveys, reviewed and approved engineering plans submitted by pipeline companies, utility companies, and government agencies requesting to cross and encroach on railroad property. Mr. Briggs has taken an active role in projects undertaken by Briggs Field Services that includes budgeting, project management, right of way acquisition, damage claim settlements, title research and right of entry permitting. Statement of Qualifications Michael K. Johnson Acquisition/Property Management/Surveying Briggs Field Services Summary of Qualifications Right of Way Professional with 10 years of experience in Property Acquisition and Project Management. Successful in negotiating and acquiring land rights from property owners, settling monetary damages and obtaining survey permissions. Extensive training in Real Estate including contract law and appraisal. Reliable, responsible and dedicated to meet the needs of the client. Proficient in MS Word and Excel. Hold a current Utah real estate license with reciprocity in other states. Professional Experience Briggs Field Services, Inc. Regional Transportation District East Corridor Eagle P3 2010- Present • Represented the Regional Transportation in negotiations 60 fee total and fee partial acquisitions. • Analyzed appraisal information and Right of Way plans in preparation for RTD's offer process. • Performed research of county records and title documents to determine accurate property ownership. • Assisted property owners during acquisition, relocation and reestablishment process. • Participated in project scoping, meetings, progress meetings and Public Information meetings. • Prepared settlement documents and conducted closings for the transfer of property ownership. • Provided oversight to Local Public Agencies to ensure compliance with the Uniform Act. • Maintained project files and database. Colorado Department of Transportation, Denver, CO—Right of Way Specialist 1998-2008 • Represented CDOT in negotiations. Acquired property interest for highway projects. • Analyzed appraisal information and Right of Way plans in preparation for CDOT's offer process. • Performed research of county records and title documents to determine accurate property ownership. • Assisted property owners during acquisition, relocation and reestablishment process. • Participated in project scoping, meetings, progress meetings and Public Information meetings. • Prepared settlement documents and conducted closings for the transfer of property ownership. • Provided oversight to Local Public Agencies to ensure compliance with the Uniform Act. • Provided support services to the Attorney General Office. • Prepared ROW drawings using AutoCAD. • Maintained project files and database. • Trained new employees. Analytical Engineering, Denver, CO—Lab Technician— 1996- 1998 • Assisted engineers during product failure investigation. • Maintained testing lab and property inventory. USAF, Plattsburgh, NY—Electronics Technician— 1983- 1987 • Maintained and repaired base security systems. Education Metropolitan State College, Denver, CO Bachelors Degree, Mechanical Engineering Technology National Highway Institute FHWA-NHI-141031- Business Relocation Under the Uniform Act Statement of Qualifications BERNARD A. DAVIS, SR/WA Lead Sr. Relocation Assistance Specialist EDUCATION: Florida Atlantic University, Boca Raton, FL, BBA, Real Estate, 1988 Florida Atlantic University, Boca Raton, FL, BBA, Mgmt, 1977 Florida Department of Transportation, Certificate of Training in R/W, 1980 Florida Real Estate License, May 2003. PROFESSIONAL EXPERIENCE: Relocation Specialist; Briggs Field Service; Houston, TX and Denver, CO Senior Relocation Specialist; Coates Field Service, Inc. /Consultants for Texas Dept. of Transportation; Houston, TX; 12/2003-2006 Senior Right of Way Specialist; the Urban Group, Inc., Fort Lauderdale, FL; 2002-2003 District Outdoor Advertising Administrator; 1990-2001; District Right of Way Relocation Administrator; 1985-1990; Right of Way Specialist/Relocation Specialist; 1980-1985; Florida Department of Transportation, Miami, Florida: PROFESSIONAL AFFILIATION: Senior Designation (SR/WA), International RM/Association, 2002 PC Professor School of Broward; Pembroke Pines, FL: 2003 PROFESSIONAL SUMMARY Mr. Davis has over 26 years of real estate experience including 21 years with the Florida Department of Transportation, Miami District. Mr. Davis' experience with Florida DOT includes 5 years as a Right of Way Specialist/Relocation Specialist and 5 years as a Relocation Administrator. Mr. Davis completed assignment for BFS as a member of the O.R. Colan Team with the Little Rock National Airport as a Relocation/Acquisition Specialist, afterwhich; Mr. Davis was assign to the Southeast Corridor on the Metropolitan Transit District in Houston, Texas as a Relocation Agent. Statement of Qualifications Jodette M. Bryan Lead Sr. Acquisition/Property Management Specialist Briggs Field Services WORK HISTORY 4/09—Present Senior Right of Way Agent/Real Estate Specialist Briggs Field Services,Inc. Regional Transportation District West Corridor Negotiated and acquired in fee for total, partial and permanent easement acquisitions for 64 parcels and prepared Value Findings Determination of Just Compensation for values under $5,000.00 for of the Regional Transportation District's FasTracks project for properties being acquired under the threat of eminent domain and in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Regional Transportation District East Corridor Eagle P3 Negotiated and acquired in fee for total, partial and permanent easement acquisitions for 60 parcels and prepared Value Findings Determination of Just Compensation for values under $5,000.00 for of the Regional Transportation District's FasTracks project for properties being acquired under the threat of eminent domain and in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 5/04- 12/07 Senior Right of Way Agent N.C.Peck&Associates,Inc. Assisted with the property management for the CDOT TREX Project. 11/87-3/04 Senior Right of Way Agent/Real Estate Specialist III/General Professional IV—Colorado Department of Transportation Region 6 Right of Way Oversight of private consultants providing acquisition and relocation services to Department,appraisal of parcels estimated to be less than$5,000.00 in value, negotiations for acquisition of property needed for transportation projects,provide relocation advisory services for persons and businesses displaced,recommend and testify in eminent domain actions,train subordinate agents. 11/85-11/87 Right of Way Agent C—Colorado Department of Transportation Staff Right of Way Negotiations for acquisition of property needed for transportation projects,provide relocation advisory services for persons and businesses displaced,recommend and testify in eminent domain actions,train subordinate agents. 11/81-11/85 Right of Way Agent B—Colorado Department of Transportation Staff Right of Way Negotiations for acquisition of property needed for transportation projects,uncomplicated relocation services,research land titles. 11/79-11/81 Right of Way Agent A—Colorado Department of Transportation District 6 Simple negotiations for acquisition of property needed for transportation projects,research land titles to confirm property ownership. 11/77-11/79 Administrative Clerk—Colorado Department of Transportation District 6 Pre-Construction Engineer Provided clerical support including typing,word processing,answering telephones,filing,greeting and directing visitors,etc. 07/75-11/77 Other State Service-General Clerical-CODH Staff Bridge and Payment Clerk for University of Colorado School Of Dentistry. EDUCATION AND PROFESSOINAL ASSOCIATIONS International Right of Way Association National Highway Institute,Federal Highway Administration Metropolitan State College,Jones Real Estate College Coursework offered by Colorado Department of Transportation Career Training offered by Colorado General Support Services Statement of Qualifications James A. Coffey Acquisition and Relocation Specialist Briggs Field Services EDUCATION August 1998 Bachelors of Science—Business Agriculture,Colorado State University December 2004 Appraiser—Jones Real Estate College,Denver,Colorado WORK HISTORY January 2009—Present Right of Way Agent—Briggs Field Services,Inc.—Denver,Colorado REGIONAL TRANSPORTAITON DISTRICT-WEST CORRIDOR Provided Relocation Advisory Assistance for 30 residential and one business displacees; assisted with the negotiation of fee, partial and permanent easement acquisitions for 64 parcels and prepared Value Findings Determination of Just Compensation for values under$5,000.00 for of the Regional Transportation District's FasTracks project for properties being acquired with the Federal Transit Administration(FTA) oversight, under the threat of eminent domain and in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. REGIONAL TRANSPORTAITON DISTRICT—EAGLE P3 EAST CORRIDOR Provide Relocation Advisory Assistance for 20 businesses and one residential displacees; assisted with the negotiation of fee,partial and permanent easement acquisitions for 63 parcels and prepare Value Findings Determination of Just Compensation for values under $5,000.00 for of the Regional Transportation District's FasTracks project for properties being acquired with the Federal Transit Administration(FTA)oversight, under the threat of eminent domain and in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. SAN JUAN VILLAGE METRO DISTRICT—HARBELL BRIDGE PROJECT Acquired three temporary construction easements associated with the Harebell Bridge improvement project with Federal Highway Administration(FHWA)and Colorado Department of Transportation(CDOT)oversight. ARKANSAS HIGHWAY DEPARTMENT-SALINE COUNTY ALCOA ROAD Title research for 56 parcels to include researching land rights, civil judgments, liens and title curative for fee and easements. Prepared title certificate and title receipts. Assist appraiser with identifying real property versus personal property and in completing inventory documents. Prepared offered packets to include Purchase and Sale Agreements, subordination agreements, easements and request for release of liens. Negotiated agreements with landowner and prepared settlement packets in preparation of escrow for title companies and condemnation support to the County. Project has Federal Highway Administration (FHWA) and Arkansas State Highway and Transportation Department(AHTD)oversight. TEXAS DEPARMENT OF TRANSPORTATION(HOUSTON)-WALLER COUNTY LINE SOUTH OF FM 1488 Provide Relocation Advisory Assistance for two businesses and six personal property displacees; assisted with the negotiation of fee, partial and permanent easement acquisitions of nine parcels for the Texas Department of Transportation for properties being acquired with the Federal Highway Administration(FHWA)oversight,under the threat of eminent domain and in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. December 2004—January 2009 Appraiser—Focused Appraisals and Consulting,LLC—Denver,Colorado Computed final estimation of property values,taking into account such factors as depreciation, replacement costs, value comparisons of similar properties, and income potential. Prepared land diagrams that will be used in appraisal reports to support findings. Estimated building replacement costs using building valuation manuals and professional cost estimators. Evaluated land and neighborhoods where properties are situated, considering locations and trends or impending changes that could influence future values. Examined the type and location of nearby services such as shopping centers,schools,parks,and other neighborhood features Statement of Qualifications in order to evaluate their impact on property values. Inspect properties to evaluate construction, condition, special features, and functional design, and to take property measurements. Obtained county land values and sales information about nearby properties in order to aid in establishment of property values. Photographed interiors and exteriors of properties in order to assist in estimating property value, substantiate findings, and complete appraisal reports. Prepared written reports that estimate property values, outline methods by which the estimations were made, and meet appraisal standards and are compliant with the Uniform Standards of Professional Appraisal Practice. Searched public records for transactions such as sales, leases, and assessments. Verify legal descriptions of properties by comparing them to county records. Verified building codes and zoning bylaws in order to determine any effects on the properties being appraised. Examined income records and operating costs of income properties. Interview person's familiar with properties and immediate surroundings, such as contractors, home owners, and realtors, in order to obtain pertinent information. COMPUTER SKILLS ClickForms,Microsoft Word and Microsoft Excel Spreadsheets COURSES • National Highway Institute-FHWA-NHI-141031-Business Relocation Under the Uniform Act • National Highway Institute-FHWA-NHI-141045-Real Estate Acquisition Under the Uniform Act:An Overview • National Highway Institute-FHWA-NHI-141047-Local Public Agency Real Estate Acquisition • International Right of Way Association—Course 100—Principal of Land Acquisition MEMBERSHIP International Right of Way Association,Chapter 6—Denver,Colorado Denver Chapter Appraisal Institute—Affiliate Member Statement of Qualifications SECTION 1 PRICE S;.. HEDULE A a S QUALIFICATIONS: The qualified consultant will be a person or firm listed on CDOT's approved acquisition/relocation list. Each proposal must include a listing of experiences with similar services within the last three years, together with a list of at least three (3) references including the following: contact information: name, position, telephone number and e-mail address. All references will be thoroughly checked. The firm shall provide professional references to the County upon request. The undersigned, having become familiar with the specifications for CR 49 CORRIDOR PHASE 2 RIGHT OF WAY ACQUISITION/Public Works Department, hereby proposes to Weld County as set forth in the following schedule: ITEM AMOUNT UNIT UNIT AMOUNT TOTAL AMOUNT NOT TO EXCEED NOT TO EXCEED Survey LS LS $ ,dr40-(0 $ 2_2_,OS.Oo ROW Plans 11 EA $ 3,3So.00 $36,b3O•Oo CCa-ow) (Ens Descriptions 125 EA $444. / YTS $39 , -Cs.00 Acquisitions 50 EA $ \,aPi9.c33O $94,99c5-oo Relocations 2 EA $ \,4599 .9a $ 3Z=Yr)-')b TOTAL $4971058.9 **The successful Consultant must enter into a separate professional services agreement with Weld County.** BID REQUEST#B1400189 Page 12 BRIGGS FIELD SERVICES SCHEDULE OF RATES JOB TITLE RATES Project Manager/Principal 90.00 Right of Way Supervisor* 80.00 Senior Right of Way Agent* (10+ years experience) 75.00 Right of Way Agent* (5-10 years experience) 70.00 Right of Way Agent(2-5 years experience) 60.00 Right of Way Agent(Entry Level) 50.00 Right of Way Permit Agent 65.00 Right of Way Due Diligence Agent 65.00 Right of Way Abstractor 70.00 Document Specialist 55.00 Right of Way Clerk/Secretary 40.00 PER DIEM RATE 1. Per Diem for BFS's personnel having primary residence in work location is not authorized. Per Diem will be based on federal rates per location worked when BFS is lodging beyond a 65 mile radius of BFS's domicile. Per Diem may be paid for week-end days not worked provided BFS personnel remains at the job location and is approved by the Client's Land Manager. 2. Client shall have the option to reimburse BFS's Per Diem Rates when away from their domicile, as follows: a) Reimburse BFS for per diem expenses based on the current year domestic per diem rates set by the U.S. General Services Administration (www.csa.cov ),covering lodging, meals and incidental expenses;or b) Reimburse BFS for per diem expenses at the prevailing GSA rate for meals and incidental expenses,and actual costs for lodging and incidental expenses,with receipts. WORK RELATED EXPENSES BFS will charge Client for Automobile Expenses for miles driven while performing the work on billable days at the current U.S. Internal Revenue Service(IRS)allowable rate per mile. BFS shall be reimbursed for actual miles driven to and from any project area. Travel time shall be allowed, as approved by Client. 2. Client may reimburse BFS's Miscellaneous Expenses at cost,with receipts being required,as follows: a) Notary fees service and business related cellular/wireless calls at$7.00per day Long distance telephone Y worked,when determined appropriate by Client c) Miscellaneous office supplies d) Postage e) Reproduction,duplicating and blueprinting service t) Title and abstract fees(local abstractor's services) g) Recording fees h) Appraisal fees i) Auto parking,bridge,tunnel and toll road fees j) Additional expenses required by Client and authorized by Client Land Manager, in writing, in advance, including, but not limited to, air travel, ground transportation expenses (e.g., vehicle rentals),and hotel/motel charges associated with travel to localities removed from the project area. k) Other Miscellaneous Expenses (not listed above) required in the performance of the work and authorized by the Client Land Manager in writing. Computer use charges are not reimbursable to the BFS and should be included in BFS's day rate. 1) If it is necessary for the BFS to establish a field office to perform the work, all costs related to the office, such as rent,utilities, telephone,rental furniture, computer rent, and other equipment will be reimbursed at actual cost,plus a negotiated mark up fee. 3. BFS will charge for those Work Related Expenses reasonably and necessarily incurred by BFS to perform the Services. Client will have the right, prior to payment, to challenge any expense. Client may withhold payment, in its good faith discretion and without liability, for any expense that Client considers not to have been reasonably and necessarily incurred. 4. BFS will be solely responsible for the deduction and payment of all applicable federal and state withholding taxes and other assessments on the wages and salaries of BFS's agents and employees. Rev.3/1/2014 1 Statement of Qualifications SECTION 7 APPENDIXES The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1400189. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM er'\34 G Fie\ cJer��czS��nc-. BY \1Therr(A 3. 'r y (Please print) BUSINESS ADDRESS \2000 iCkn Azle• ,Su:�¢ \\4 DATE / 2Z(2-O\4' CITY, STATE, ZIP CODE Denve-cr GO $oZ30) TELEPHONE NO 303-7 l6-56bc5 FAX 3o3-716-666\ TAX ID#T6-o39°)ZoT .rr.y. \Drt ea. �SIGNATURE1/4 •Ca."-30)-Z14. E-MAIL be.vlstAe.\.Seri c-e-S.C1�^^ WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS#98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -8. BID REQUEST#B1400189 Page 13 MEMORANDUM .. .186r Date: November 7, 2014 \, (A\ 1jun tilio, �j TO: Trevor Jiricek T Y FROM: Leon Sievers � G O_�N SUBJECT: Bid # B1400189, WCR 49 Corridor Phase 2 Right of Way Acquisition project Public Works Department has reviewed the Bids from Briggs Field Services,Inc and has verified the mathematics in the bids and have found it to be correct as written. Public Works has spoken with Briggs Field Services, Inc. and have found them to be a good organization that has a full understanding of the project and the County's goals for the project. The references listed have been checked and verified. Public Works would like to recommend award of this bid to Briggs Field Services, Inc. for the contract amount of$197,058.96. °Ng-33b3 I IIIZ e4art0 WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: mwalters(a�co.weld.co.us E-mail: reverettco.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 bb _u RIY Fax: (970) 336-7226 DATE OF BID: OCTOBER 27, 2014 REQUEST FOR: WCR 49 CORRIDOR PHASE 2- RIGHT OF WAY ACQUISITION DEPARTMENT: PUBLIC WORKS DEPT BID NO: #61400189 PRESENT DATE: OCTOBER 291H, 2014 APPROVAL DATE: NOVEMBER 12T", 2014 VENDORS TOTAL COST BRIGGS FIELD SERVICES INC $197,058.96 12000 E. 47th Avenue Denver CO 80239 UNIVERSAL FIELD SERVICES INC $204,950.00 6886 S. Yosemite Street Centennial CO 80112 WESTERN STATES LAND SERVICES $238,485.00 505 North Denver Avenue Loveland CO 80537 STANLEY CONSULTANTS INC $248,129.00 8000 South Chester Street, Suite 500 Centennial CO 80112 **Bids are being reviewed at this time by Public Works Dept. 2014-3363 10/a9 [6o070 Hello