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MEMORANDUM
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E� '1'O: Clerk to the Board DATE: April 7, 2015
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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
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RECEIVED
WELD COUNTY
COMMISSIONERS
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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
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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
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Page 2 of 2 page,
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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
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WELD COUNTY
COMMISSIONERS
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY AND BRIGGS FIELD SERVICES, INC.
WELD COUNTY ROAD 49 CORRIDOR PHASE 2 RIGHT OF WAY ACQUISITION SERVICES
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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
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