The URL can be used to link to this page

Browse Search

Home My WebLink About20141789.tiffA 1861 .4.... ...40'.., . p tj MEMORANDUM r -------- - a TO: Board of County Commissioners 1 a j r1 It '—i 1 C—© U N Y Y.t- DATE: August 6,2015 FROM: Elizabeth Relford,Transportation Manager SUBJECT: Change Order#2—Western States The existing Western States contract is expected to expire on August 15, 2015. The right-of-way acquisition for WCR 49 widening project is still in progress. Since there are remaining funds on the existing Western States purchase order,the attached change order requests a time extension to assist with new acquisitions of easements and right-of-way agreements for outstanding parcels. Western States will negotiate and secure approximately 17 Permanent Easements from landowners along the WCR 49 corridor for United Power, Inc. Costs for negotiating and securing the easements will be provided at the standard hourly rate per parcel, as provided in the attached scope of work,with a not to exceed amount of$34,000. Western States will continue to provide assistance on Phase II utilizing the same process and format as provided on Phase I up to a maximum expenditure not to exceed $61,528.94 After paying out existing services,the remaining purchase order will be$95,528.94. The scope of work identified will be in accordance with the remaining purchase order balance. This change order does not affect cost since we are using the remaining funds on the existing purchase order. The change order is requesting the time to be extended from August 15, 2015 to March 31, 2016. i Staff recommends authorization of the change order. r /17-1 e.-i..•t.&4) (M �o IL-/D v /6- EGoo-g) SCOPE OF WORK ADDITIONAL ACQUISTION SERVICES WCR 49 CORRIDOR PROJECT This Additional Scope of Work adjusts the work effort and time frame for completion of the overall scope of work and no change is made in the overall costs approved to date as follows : A . Initial Agreement for Professional Services date July 23 , 2014 =$ 209, 200 B . Change Order No . 1 =$ 114, 175 Total Approved to date =$ 323 , 375 The following work has been completed by Western States and Drexel Barrel pursuant to the initial Agreement for Professional Services dated July 23 , 2014 and the Change Order No . 1 with costs billed to date as shown : I . Western States Direct Services — Right of Way Acquisition 1 . Acquisition of Phase I Right of Way : Original Bid = $ 111 , 700 Change Order No . 1 - adjusted Additional Right of Way = $ 43, 700 Total = $ 155 , 400 1 . Spent to date ( 7- 31 - 15 ) = - $ 81, 861 . 06 Remaining Balance for Acquisition = $ 73 , 538 . 94 Add Non Allocated Funds ( see below ) = $ 21, 990 . 00 Adjusted Acquisition Balance =$ 95, 528 . 94 The remaining balance shall be applied to the following services : 2 . Western States will secure Permanent Easements from 17 landowners along the WCR 49 corridor for United Power, Inc . Editable easement forms will be provided by United Power . Agreement formats will be approved by Weld County prior to the beginning of work . Weld County will provide legal descriptions, title commitments, and property values for each parcel . Weld County will secure approvals of the agreements from the Board of County Commissioners and will issue checks in the name of the landowner for the easements . Weld County can present the checks and no title curative efforts will be included . M Costs forproviding the above listed services :se vices . Hourly rate per parcel , as provided in the attached hourly rate schedule, with a not to exceed an average amount of $ 2 , 000 per parcel for acquisition services . If easements are rejected by the subject property owners, then the easement file and negotiation log will be returned to the County with a letter stating impasse has been reached and our services shall be considered complete for any such parcel . 17 parcels @ $ 2 , 000 ( not to exceed rate ) = $ 34, 000 . 00 total Title Reports, Legal Descriptions and Valuations will be provided by no later than November 1 , 2015 3 . Western States shall complete RW acquisition work on Phase I of the WCR 49 Corridor Project pursuant to initial contract scope of services and the additional services set forth for Right of Way acquisition in Change Order # 1 . In addition , Western States will assist the County with the acquisition of additional right of way parcels in Phase II of the WCR Corridor Project . The additional parcels for Phase II forwarded to Western States by the County is undetermined and status of the acquisitions may vary and include previous negotiations efforts, therefore it is not possible to estimate the total parcels required and the resulting work effort . Western States will continue to provide assistance on Phase II utilizing the same process and format as provided on Phase I up to a maximum expenditure not to exceed = $ 61, 528 . 94 Easements need to be secured or reach impasse in negotiations by March 31 , 2016 and the additional Phase II acquisition services shall not extend later than March 31 , 2016 II . Drexel Barrell - Survey Services Drexel Barrell will continue the additional services set forth in the adjusted scope for Change Order No . 1 . Time to complete said services is extended to March 31 , 2016 1 . Preparation of Right of Way Plans, Legal Descriptions, field staking and title reports Original Bid : + $ 97 , 500 . 00 Change Order No . 1 ( adjusted ) + $ 45 , 765 . 00 * Total = $ 143 , 265 . 00 Actual Cost of Original Bid services ( adjusted ) spent -$ 94, 875 . 00 Additional Costs ( GIS Shape Files and Land Board ) spent - $ 2 , 720 . 00 Reimbursement from Non Allocated Funds + $ 2, 720 . 00 Change Order No 1 tasks completed to date - spent -4, 732 . 70 Total Remaining ( adjusted ) +43 , 657 . 30 III . Additional Funds Approved -- non Allocated : 1 . Original Contract Bid : = $ 209 , 200 . 00 2 . Approved Change Order No . 1 = $ 114, 175 . 00 Total Approved = $ 323 , 375 . 00 3 . Adjustment to Change Order No . 1 Total = $ 114, 175 . 00 Adjusted for reduced survey services =-$ 89, 465 . 00 * Non Allocated Funds = + $ 24, 710 . 00 Redistribution of Non Allocated Funds : Total -+ $ 24, 710 . 00 Non Allocated Funds added to right of way acquisition services : = -$ 21 , 990 . 00 * Non Allocated Funds added to Survey Services : = -$ 2 , 720 . 00 * CHANGE ORDER NO.2 Date: August 7,2015 Project: WELD COUNTY ROAD 49 PHASE 1 RIGHT OF WAY ACOUISITION PROJECT Owner: Weld County.Colorado Consultant: Western States Land Services The following change is hereby made to the Contract Documents: The original scope of services related to the Agreement for Professional Services dated July 23,2014 needs to be modified. The County desires to add additional surveying,ROW plan revisions,revisions to legal descriptions to the scope of work for the WCR 49 Corridor,including additional utility easement acquisitions for United Power, Inc. Details of the scope of services and fee breakdowns remain the same. This change order is for a continuation of time and not cost. CHANGE TO CONTRACT PRICE: Original Contract Price: $209,200 a Current Contract Price adjusted by previous Change Orders: $323375 The Contract Price due to this Change Order will be increased by: $0 The new Contract Price,including this Change Order,will remain: $323375 CHANGE TO CONTRACT TIME: The Contract Time will be increased by 7 months. The date for completion of all Work will be: March 31.2016 . RECOMMENDED: Project M ( l� Date: Z9 c 7-43-- n Sievers,Right of Wa Manager Supervisor: Date: 8 Eli Relford,Transporta' Manager APPRO Consultant: �..__ Date: 8,7— /4-- Western Stat d Seces AUG 102015 Owner Date: Barbara irkmeyer OCC Chair) (72°O/x_/77? 1) CHANGE ORDER#2-WESTERN STATES LAND SERVICES (BID#61400113) STAFF APPROVAL PAGE ATTEST: G ..1C4o•&r. BOARD OF COUNTY COMMISSIONERS Weld Co t Clerk to the Bo rd WELD COUNTY, OLORADO BY: Deputy Cler o the Board"4.7% arbara Kirkm yer, Cha' VG1 0 zob �f "A 'PR VED AS TO TANCE: A OVED AS F DI „� ► O Controller / ec O ' ' or Department Head APPROVED AS TO FORM: ♦�.1 ,�j� ' Na+ — Director of General Services County Attorney 0Zo/ 17176) Rafaela Martinez From : Elizabeth Relford Sent : Thursday , August 06 , 2015 5 : 23 PM To : CTB Cc : Jay McDonald ; Leon Sievers Subject : FW : FW : PassAround Change Order No 2 . doc Attachments : Change Order No . 2 . pdf; Western Change Order Memo . docx We will get you a copy with our signatures tomorrow . Call if you have any questions . Thanks, Elizabeth Elizabeth Relford Transportation Manager Weld County Public Works 11 .11 fl Street PO Box 758 Greeley, CO 80632 - 0758 Email: erelford@co. weld. co. us Office: (970) 304- 6496 Ext. 3748 Mobile: (970) 673-5836 Web : http://www. co. weld. co. us NA, is• .A - '' ' r "fs 9F 1 ir Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise protected from disclosure . If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . From : Phil Mazur [ mailto : pmazur@ws- ls . com ] Sent : Thursday, August 06, 2015 4 : 14 PM To : Elizabeth Relford < erelfordco . weld . co . us> Subject : Re : FW : PassAround Change Order No 2 . doc Signed Change Order attached . thanks Elizabeth Phil On 8/6/2015 2 : 39 PM , Elizabeth Relford wrote : Hi Phil , 1 We are good with your revised scope of work and will include it with the change order. So we can reserve a spot on Monday' s BOCC agenda , can you please sign the attached change order and email it back to me no later than noon tomorrow? I appreciate it ! Thanks, Elizabeth Elizabeth Relford Transportation Manager Weld Co u n ty Public Works 1 .111 H Street PO Box 758 Greeley, CO 80632 - 0758 Email: erelford@co. weld. co. us Office: (970) 304- 6496 Ext. 3748 Mobile: (970) 673 -5836 Web: http://www. co. weld. caus tekt 444 444:* W tis: " R P Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise protected from disclosure . If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . From : Elizabeth Relford Sent : Tuesday, July 28, 2015 4 : 49 PM To : Phil B . Mazur ( pmazur@ws - ls . com ) < pmazur@ws- ls . com > Cc : Leon Sievers < lsievers@co . weld . co . us>; Tiffane Johnson <tv . ohnson@co . weld . co . us >; Jay McDonald <jmcdonald@co . weld . co . us > Subject : PassAround Change Order No 2 . doc Hi Phil , After looking over the Purchase Order, it appears we still have money to pay you , so this change order will just be for time and can include helping us out along the entire corridor. Please let me know if you are ok with signing this and we can put together a revised scope of work for you . I met with the Commissioners today and they are ok with putting this on the agenda after I receive a signed copy from you . Let me know if you have any questions . Thanks, Elizabeth 2 Phil B . Mazur Western States Land Services, Inc . 505 N . Denver Ave Loveland, Colorado 970-667-7602 303 - 938 - 1414 pmazur. rapes-ls . coni 3 MEMORANDUM 'IY): Clerk to the Board DATE: May 8, 2015 U2_couh ? Y _ J zS FROM: Leon Sievers. Public Works Department SUBJECT: Agenda Item RE: WCR 49 Project Change Order No. 1 for WCR 49 Phase 1 Right of Way Acquisition with Western States Land Services Enclosed arc two, original Change Order No. 1 documents. Please return one original to Public Works. RECEIVED MA: ; 1 2015 WELD COUNTY COMMISSIONERS U Francle_.AGENDA nianordyonJa-Iron-�Coe Gam.' feJ( R__SV O( 7fr ' 9u)(k) 6\7-Q doi4'-2729 ECoon BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Weld County road 49 Phase 1ROW acquisition project - Change Order No.1 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 Western States Land Services original scope of surveying and right of way acquisitions services to include addition work associated with the relocation of a portion of WCR 49 to bypass a 30" high pressure gas line that was recently discovered as part of our utility meetings with the utility companies who have facilities along the project. This line was not previously located and did not appear on any title commitments. The additional work includes writing new legal descriptions in the realignment area, creating new right of way plans and re-acquiring 11 right of way parcels. In addition, Western States, through its surveyor, will be setting survey monuments along the right of way line since the right of way is now being acquired by Fee Simple documents instead of deeds of dedication. 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 be provided by Western States Land Services are in the amount of$114,175.00. Staff has reviewed the proposal and recommends approving the change order. What options exist for the Board: Option I: Approve the attached Change Order No.1 for Western States Land Services. Option 2: Delay the proposed additional acquisition services and schedule a work session. Recommendation to the Board: Public Works recommends option I to approve Change Order No.1 for Western States Land Services and place on the next available BOCC agenda. If approved, Western States Land Services plans to have the right of way acquired by August 15, 2015. Approve Schedule Recommendation Work Session Comments 4 / Barbara Kirkmeyer, Chair I .,1k (S �L �(D I/1,vUcel°i' Mike Freeman `l`(\v Sean P. Conway ?� Julie Cozad _ q_ Steve Moreno Attachments: Western States Land Services Change Order No.1 4 CHANGE ORDER NO.1 Date: March 16,2015 Project: WELD COUNTY ROAD 49 PHASE 1 RIGHT OF WAY ACOUISITION PROJECT Owner: Weld County.Colorado Consultant: Western States Land Services The billowing change is hereby made to the Contract Documents: The original scope of services related to the Agreement for Professional Services dated July 23, 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 of the scope of services and fee breakdown are described in the attached documents provided by the consultant. CHANGE TO CONTRACT PRICE: Original Contract Price: 5209,200.00 Current Contract Price adjusted by previous Change Orders: .- 209.200.00..___ The Contract Price due to this Change Order will he increased by: S114 175.0Q -. The new Contract Price. including this Change Order.will he: $323.375.00 CHANGE TO CONTRACT TIME: The Contract Time will be increased by I month. The date for completion of all Work will be: August 15,2015 RECOMMENDED: Project Manager'` �'. v,• C.< L_��- - — Date: _._---•--._... . eon Sievers.Right of Way Manager att.,14:7LA,1 _'Supervisor: . 4(),(1,,,,1Date: S� - '5J zabeth Rellord. 1r• portation Planner APPROVALS: l y Consultant: --.14° = - Date'......... Western States Land rrice. MAY 2020I5 Owner. _._ Date: Mike Freeman, BOCCPro-Tem oZO/4- / 7, () ;1t1PtaallegatrilliiI0140,Thiotita 1:11w1-" IN WITNESS WHEREOF Weld County and have caused this agreement to be executed this actk day of Mad of , 206. APPROVED AS SUB TANCE: Elected Ofic' 1 or Department Head Pill; — Director of General Services APPROVED AS TO FUNDING: t Ala 611M__ 4 Controller APP D AS T C unty ney M:AAGREEMENTS\SIGNATURE BLOCKS-SEPARATE PAGE&CHAIR ONLY\SeparateStaf!Page-SignatureBlock.docx 1$61 MEMORANDUM iI rfl! TO: Clerk to the Board DATE: July 21, 2014 -L-rduNTY FROM: Leon Sievers, Public Works Department SUBJECT: Consent Agenda Item Bid No. B1400113 Doc. No. 2014-1789 Agreement for Professional Services with Western States Land Services for the WCR 49 corridor Phase 1-Right-of-Way Acquisition not to exceed $209,200.00. Two originals are attached. Please return one signed original to Public Works Department. Enclosures M.'Francie\AGENDA memos Agenda-Leon-I doc a owl 076/ _/729 66o6 -70 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & WESTERN STATES LAND SERVICES, INC THIS AGREEMENT is made and entered into this 02jd y ofofat 2014 by and between the County of Weld, a body corporate and politic of the State of Colorado, y and through its Board of County Commissioners, whose address is 1 150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County,- and Western States Land Services, Inc, whose address is 505 North Denver Avenue, Loveland, CO 80537, hereinafter referred to as "Contract Professional". Introduction. This Agreement is entered into by Weld County to engage Contract Professional to provide survey and negotiations services relative to fifty-one (51) parcels of right-of-way along the Weld County Parkway corridor project. 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 and are specifically incorporated herein by this reference. Exhibit A consists of County's Bid Request No. B1400113. The bid request contains all of the general requirements of County. Exhibit B consists of Contract Professional's Response to County's bid request. The Response confirms Contract Professional's obligations under this Agreement. WITNESSETH: WHEREAS, County desires to retain Contract Professional as an independent contractor to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Engagement of Contract Professional. County hereby retains Contract Professional, and Contract Professional hereby accepts engagement by County upon the terms and conditions set forth in this Agreement. 2. Services to be Performed. County and Contract Professional acknowledge and agree that each document listed above is an integral component of this Agreement, and consent and agree that County's requirements are accurately reflected in Exhibit A and Contract Professional's willingness and ability to meet those requirements are accurately reflected in Exhibit B. Contract Professional acknowledges that typical forms requiring completion under the PROFESSIONAL.LAND ACQUISITION SERVICES AGREEMENT Page I provisions of Exhibit B shall be completed to the satisfaction of County at the time and in the manner required by County. Contract Professional further acknowledges that a failure to comply with the standards and requirements of Exhibits A and B may result in County's decision to withhold payment or to terminate this Agreement. Contract Professional acknowledges that County's award of the bid is predicated in part upon Contract Professional's agreement to provide the services within the time set forth in Exhibits A and B,and that a failure to provide those services within that time may result in County's refusal to pay the Compensation. 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 the earlier of one year from the date of the execution of this Agreement of until Contract Professional's completion of the responsibilities described in Exhibits A and B. If Contract Professional does not complete the acquisition of the fifty-one (51) parcels of right-of-way within one year, this may Agreement be g Y renewed by the mutual agreement of both parties for a maximum of one additional one year term. 4. Compensation. A. County agrees to pay Contract Professional for services performed as established in Exhibit B. Charges shall be based on the time actually spent performing the services. B. Payment to Contract Professional will be made only upon presentation of a proper claim by Contract Professional, itemizing services performed. Contract Professional may submit monthly progress invoices to the County in a format reflected in Exhibit C, a copy of which is attached hereto and by this reference made a part hereof. (This format reflects a daily time report documenting hours expended on individual parcels.) Said invoices may include similar documentation for survey services set forth in Bid Items 1, 2 and 3. C. Upon receipt of Contract Professional monthly invoices by County,County shall notify Contract Professional within 5 days that any such invoice is not approved by the County. Upon such notification, County and Contract Professional shall meet to attempt to reconcile any such non approval. If the invoice cannot be reconciled to the reasonable satisfaction of both parties within 5 days after said notification, then either party may terminate this contract pursuant to the provisions of Paragraph 8 of this Agreement. D. Payment for services and all related expenses under this Agreement shall not exceed the amount set forth in Exhibit B ($209,200.00)without prior written approval. 5. Additional Work. In the event 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 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 Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in PROFESSIONAL LAND ACQUISITION SERVICES AGREEMENT Page 2 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. Independent Contractor. Contract Professional shall perform its duties hereunder as an Independent Contractor and not as an employee. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Neither Contract Professional nor any agent or employee of Contract Professional shall be deemed to be an agent or employee of County. Contract Professional and 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 (b) provide proof thereof when requested to do so by County. 7. 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. This includes, but is not limited to, reports, data, plans, drawings, records and computer files. 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 County. pp p y Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 8. Termination Provisions. A. County has the right to terminate this Agreement,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 materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to County. B. 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 materials which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for PROFESSIONAL LAND ACQUISITION SERVICES AGREEMENT Page 3 payment; and (3) the cost of any work which 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. C. Upon termination, County shall take possession of all materials, equipment, tools, records, documents, communications between Contract Professional and property owners of the subject parcels, 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.- D. Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever against County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed as described herein. 9. Warranty. Contract Professional warrants that 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 shall faithfully perform the work in accordance with the standards of care, skill, training, diligence and judgment provided by highly competent individuals and entities that perform services of a similar nature to those described in this Agreement, including Exhibits A and B. 10. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall submit to County originals of all documents not previously provided during the conduct of it's services pertaining to the project, including, but not limited to the following: all test results, reports, letters, emails or other communications between Contact Professional and owners of the fifty-one(51)parcels,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 services. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of covenant 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; and 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 County of, or payment for, any services performed under this Agreement shall not be construed as a waiver of any of County's rights under this Agreement or under the law generally. 11. Insurance and Indemnification. 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 Contract Professional PROFESSIONAL LAND ACQUISITION SERVICES AGRF.EMFNT Page 4 and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Contract Professional shall defend, indemnify and save harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character brought because of Contract Professional's errors or omissions in seeking to perform its obligations under this Agreement. 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 negligence in the performance of its obligations under this Agreement identified in Exhibits A and B; or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. By execution of this Agreement, Contract Professional has agreed to secure and maintain the insurance required by the terms of herein. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 12. Non-Assignment. Contract Professional may not assign or transfer this Agreement, any interest therein or claim hereunder, without the prior written approval of County. Any attempts by Contract Professional to assign or transfer its rights hereunder without such prior written consent of County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 13. Time of the Essence. Time is of the essence in each and all of the provisions of this Agreement. 14. Examination of Records. Beginning ninety (90) days after County makes final payment under this Agreement, County shall have access to Contract Professional's financial records as they relate to this Agreement for purposes of audit. 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 transactions related to this Agreement. 15. 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. 16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. 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 David Bauer,Director, Weld County Department of Public Works, or his designee. PROFESSIONAL LAND ACQUISITION SERVICES AGREEMENT Page 5 II 17. 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. 18. 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. 19. Entire Agreement/Modifications. This Agreement including the Exhibits referenced (each of which is specifically incorporated herein) contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation, representation, and understanding 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. 20. 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. By execution of this Agreement, County does not warrant that funds will be available to fund this Agreement beyond the current fiscal year. In the event funds are not appropriated by the County during the term of Contract Professional's services hereunder, County shall notify Contract Professional and this contract shall be terminated prior to completion of services described herein and Contract Professional shall be compensated for work performed prior to said termination as set forth in Paragraph 4 above. 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. 21. 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 County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. Contract Professional has no interest and shall not acquire any interest direct or indirect, which would in any manner or degree 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 conflict 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. 22. 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 PROFESSIONAL LAND ACQUISITION SERVICES AGREE.MI NT Page 6 and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 23. 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. 24. 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. 25. 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. 26. 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. 27. Public Contracts for Services. C.R.S. $8-17.5-101. Contract Professional certifies that Contract Professional is not an illegal immigrant. 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 and 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 Department 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 sub-contractor that fails to certify with Contract Professional that the sub-contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional (a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed, (b) shall notify the sub-contractor and Weld County within three (3) days that Contract Professional has actual knowledge that a sub- contractor is employing or contracting with an illegal alien and (c) shall terminate the subcontract if a sub-contractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice, and (d) 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 Department program,Contract PROFESSIONAL LAND ACQUISITION SERVICES AGRFFMINT Page 7 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 Department 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 damages. 28. Attorney's 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written above. CONTRACT PROFESSIONAL: Western States Land Services, Inc, ATTEST: Name: i‘.-- By: Phil B. Mazur, President SEAL (if any) FEIN: b Y` O SC 20/'j/ The foregoing instrument was acknowledged before me this /i day of 4,-ut.y , 2014, by Phil B. Mazur, President, Western States Land Services, Inc. / My c i...,tai..c;,—, av irev nn• JOHN L DOTY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064003860 MY COMMISSION EXPIRES 2/1712018 tary Public BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: drd_";� zf ademacher, Chair C�// G Cd " 4 -a JUL 2 3 2014 Weld County Clerk to the Board BY ` O kii Deputy Cler o the oard ' 7, I PROFESSIONAL LAND ACQUISITION SERVICES AGREEM . - - Page 8 0179/14-/741 EXHIBIT A Surveying: Provide sufficient land surveying to prepare right of way plans, legal descriptions and exhibit maps. Surveyor shall set 48" tall wooden stakes 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. 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 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 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 rate schedule with a not to exceed amount. EXHIBIT A 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 and CRS 38-1-121 in the delivery of the notice and during all negotiations, including the offer to pay the reasonable costs of an appraisal done 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 the appropriate type of parcel with a not to exceed amount for that type of parcel. Appraisals: A copy of the land owner's appraisal will be sent 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, which Weld County will secure for its use, will be the basis for the issuance of a Statement of Fair Market Value prepared by Weld County. Appraisals shall be paid for by Weld County and will be paid directly to the Appraiser per the invoice supplied. Offer: The Consultant will make an offer based on the Fair Market Value prepared by Weld County. If an agreement cannot 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. Offer shall be paid for per the hourly rate schedule under the appropriate type of parcel with a not to exceed amount for that type of 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 the appropriate type of parcel with a not to exceed amount for that type of parcel. Relocations: There are three homes that will be acquired on this project. Two of the homes will require relocation. The third home is unoccupied. The two relocation properties will be total takes, with the third 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. EXHIBIT A Copies of files: When the parcel is completed and done, 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 3 projects under design or construction along this corridor; the WCR 49/Hwy 34 RAMP project, the WCR 44/49 intersection improvement project and the WCR 22/49 intersection improvement project. Right of Way parcels have already been acquired or are currently under acquisition for these projects and have not been included in the current owners list for this project. 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 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. 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. - EXHIBIT B WESTERN STATES Land Services, In C. Acquisition and Relocation Specialists 505 North Denver Avenue Loveland,Colorado 80537 June 12, 2014 (970)667-7602- Metro(303)938-1414 Fax(970)667.6580 Via e-mail: bids@weldgov.com Weld County Purchasing Department 1150 O Street PO Box 758 Greeley, CO 80631 Re: Response to Invitation for Bids#B 1400113 County Road 49 Corridor Phase I Right of Way Acquisition Project To Whom it May Concern; Please accept the information contained herein as our formal response to the County's Request for Bids for the above referenced Project. We have determined to team with Drexel Barrell & Co. for the requested survey services. As set forth in the Bid Requirements prepared by Weld County, we provide the following information: 1. Our company, Western States Land Services, Inc. (Western States) is on the pre- approved and pre-qualified list of acquisition and relocation contractors maintained by the Colorado Department of Transportation. 2. Current Insurance Certificate which we believe are consistent with insurances required for the conduct of our work proposed herein. 3. Hourly rate fee schedules for both Western States and Drexel, Barrell & Co. relative to the work and cost proposed herein. 4. List of project experience with similar services performed during the last three years together with a list of three references as requested in the bid proposal documentation for Western States. 5. List of Representative Experience from Drexel Barrell & Co. 6. Bid Sheet provided with the Bid documentation prepared by the County with Costs listed for both Western States and Drexel Barrell & Co. • EXHIBIT B Page 2 of 2 7. Statement of Conditions and Parameters of Services and Understandings relating to the proposed work. 8. Signed statement provided through the Weld County Bid Request. The County's Invitation and Specifications provided a specific scope of work for this Project. Generally, our Scope of Services will conform to those provided to Weld County as part of our current Master Contract with the County for calendar year 2014. Our agreement to perform the services set forth in the Bid Request is contingent upon negotiation of a mutually satisfactory contract between Western States Land Services, Inc. and the County of Weld, Colorado. Thank you for your consideration of the materials contained herein and should you have any questions,please contact me directly at (970) 667-7602 /(303) 589-5282 (cell phone). Sincerely, WESTERN STATES LAND SERVICES, INC. Phil B. Mazur, President 505 N. Denver Avenue Loveland, CO 80537 Enclosures: See list above CC: C40 (2014 Promo file) P:\PROMO\Weld County\2014 WCR 49\Bid Proposal Itr 6-12-14.doex EXHIBIT B WESTERN STATES LAND SERVICES, INC. FEE SCHEDULE WELD COUNTY UNTY CALENDAR YEAR 2014 HOURLY * Supervisor $70.00 Acquisition I Relocation Specialist II $65.00 Acquisition/Relocation Specialist I $55.00 Clerical/Administrative Assistant $38.00 EXPENSES Expenses are charged at actual cost with no surcharge Vehicle mileage Federal Rate(+1-$.50/mile) Photocopies $.20-$5.00/page Facsimile transmissions $1.00/page Direct expenses for items such as postage,telephone,etc. are charged at actual cost with no surcharge *There is no surcharge for overtime hours worked (Daily and monthly rates available upon negotiation) P:\PROMO\Weld County\2014 WCR 49\Pee Schedule 2014 Weld County.docx DB C EXHIBIT B Drexel, Barrel) & Co. • • DREXEL, BARRELL & CO. FEE SCHEDULE Effective January 1, 2014 I. PERSONNEL: CATEGORY : ,-•HOURLY CATEGORY 'I3OURLY::- General: Surveying: Principal $160 Office Surveyor/Analyst $100-120 Associate $140-150 Field Surveyor $100-110 Engineering: Administration: Project Engineer/Manager $110-135 Controller $100 Design Engineer $85-105 Administrative $60 CAD: Technician $90-100 `1-person crew: $50/hr charge Miscellaneous: for ea.extra crew member Expert Witness Duties $250 II. SUB-CONSULTANTS: Unless agreed otherwise in the Professional Services Agreement, Drexel Barrell adds a 10% markup to invoices from sub-consultants to cover administrative and project management expenses. III. MILEAGE: Unless agreed otherwise in the Professional Services Agreement, Drexel Barrel) charges for all project related mileage at the rate of$0.75/mile. IV. TRAVEL TIME: Unless agreed otherwise in the Professional Services Agreement, Drexel Barrell charges for travel time to and from the project site. V. REPROGRAPHICS: Drexel Barrel)charges the following rates for reprographics: ITEM RATE Plots(mylar) $4.0O/square foot Plots(vellum) $1.15/square foot Plots/Prints(bond) $0.60/square foot Photocopies(up to 11"x 17") $0.30 each DVD w/electronic drawing files,incl.preparation $300.00 each Internal check prints and plots will be charged at 25% of the above rates. Any items not listed, or reprographics provided by outside printing companies will be charged at Drexel Barrell's cost plus 10%. VI. FIELD SUPPLIES: Unless otherwise stated in the Professional Services Agreement, standard survey supplies (stakes, pin caps, etc.) are included in the negotiated fee. Drexel Barrel) charges an additional $100.00 per monument and $200.00 for monument boxes when the project requires. VII. DELIVERY SERVICES: Drexel Barrell will add a 10%mark-up to all messenger and overnight delivery service fees. VIII. OUT-OF-TOWN EXPENSES: On projects requiring overnight lodging, Drexel Barrel; charges a per diem rate for meals, lodging, and related expenses. The per diem rate will be Drexel Barrell's costs plus 10%. IX. RATE REVISIONS: Drexel Barrell adjusts this Fee Schedule annually on January 1. Projects extending beyond December 31 of each year shall be subject to the new Fee Schedule. • „ion EXHIBIT B The undersigned, having become familiar with the specifications for CR 49 CORRIDOR RIGHT OF WAY ACOUISITION/Public Works Department, hereby proposes to Weld County as set forth in the following schedule: Unit amount Total amount Item Description Unit not to exceed not to exceed 1 Surveying Lump Lump sum $34,125 sum 2 Right of way plans 10 each $1,500 $15,000 3 Legal descriptions, exhibits,photo maps 129 each $375 $48,375 4 Acquisition of parcels, 7 acres or less 9 each $1,700 $15,300 5 Acquisition of parcels 8 to 35 acres 13 each $1,700 $22,100 6 Acquisition of parcels 36 to 80 acres dry land 6 each $1,700 $10,200 7 Acquisition of parcels 36 to 80 acres irrigated land 7 each $1,700 $11,900 8 Acquisition of parcels 81 to 160 acres dry land 4 each $1,700 $6,800 9 Acquisition of parcels 81 to 160 acres irrigated land 7 each $1,700 $11,900 10 Acquisition of parcels 161 acres or more dry land 3 each $1,700 $5,100 11 Acquisition of parcels 161 acres or more irrigated land 2 each $1,700 $3,400 12 Relocations- Occupied 2 each $10,000 $20,000 Relocations-Unoccupied 1 each $5,000 $5,000 TOTAL BID COST: $210,000 P:\PROMO\Weld County\2014 WCR 49\Billing Sheet WCR 49.docx EXHIBIT B STATEMENT OF CONDITIONS AND PARAMETERS OF SERVICES AND UNDERSTANDINGS The following information provides specific service parameters and understandings that we have utilized in preparing this Bid Proposal. We note that several of the items listed in the specifications included with the Bid Proposal prepared by the County are modified by the comments made at the mandatory pre-proposal meeting held on May 29, 2014 in the Weld County Public Works Conference Room. The following items are relative to the proposed work and cost proposal: 1. It is expected that most acquisitions will exceed $5,000 in overall property interest value and therefore the majority of the property owners involved with this Project will be provided Notice of Intent with Authority to Obtain Appraisal. A consequence of this will be that once a Notice of Intent to Acquire has been issued for any particular parcel acquisition there will be up to a three month delay in preparing a formal Offer while the property owner's appraisal period is on-going. 2. Once property owner appraisals are received and forwarded to the County. the County will provide an approved statement of Fair Market Value (FMV) within one week of receipt of said appraisal. 3. There will be not extensions provided for land owner appraisals that exceed the statutory 90 day limit. 4. In the event survey permission is denied for the project surveyor for reasons beyond our control, and such denial prevents the project surveyor from reasonably conducting its field work, such a circumstance may result in an amendment to this Cost Proposal. 5. The County shall provide engineering representation for initial field meetings with property owners as necessary to provide explanation of the roadway design and project parameters to facilitate the landowners understanding of the overall project. 6. It is our understanding from comments made at the pre-bid conference that once any right of way agreement is accepted and executed by the property owner then the acquisition for that parcel is considered complete and our services will conclude at that time for that parcel. 7. In order to conduct the services in an expeditious manner and within the terms of this Cost Proposal, negotiations cannot be unnecessarily extended. It is our intention to present a written offer as set forth in the bid documentation and continue negotiations with the property owner for approximately 30 days which shall include at least three contacts in order to attempt to reach a voluntary settlement. If the property owner retains legal counsel, we will forward those negotiations to the County Attorney for resolution. Upon agreement by the respective attorneys, we will attempt to secure the written agreement of the property owner if necessary. In the event the property owner will not agree to the terms as initially presented by the County, we will submit the final and best EXHIBIT B terms we are able to obtain from the property owner to the County for consideration with an Administrative Settlement request. In the event the County declines to accept the Administrative Settlement, it is our understanding that the County will pursue condemnation or other additional measures in order to obtain the necessary right of way and our services will have concluded at that point. 8. It is our understanding that the County will provide the following services and information: A. Complete, pre-approved standard acquisition forms as currently used by the County, or developed specifically for this project by the County. B. All forms provided to the acquisition contractor shall be pre-approved by the County's legal counsel and all final acquisitions shall be subject to the County's final acceptance, either through staff or govermnental jurisdiction. C. The County shall provide necessary advice and information regarding: 1) County policies and procedures 2) Specific Project design and parameters D. The County shall provide legal services, as necessary, to provide advice and policy pertaining to the following: 1) Document Preparation 2) Good faith negotiations 3) Resolution to contract terminology and title curative situations 4) Condemnation activities 9. It is understood that Western States may not be able to obtain, for whatever reason, the voluntary consent of the parties with whom we are negotiating with on behalf of the County and relative to the project. 10. Services and costs do not include any time or effort expended beyond impasse in negotiations and specifically do not include time and expenses involved with condem- nation necessary to acquire any land rights. proceedings q g 11. Any formal closings through a title company or other format shall be performed by the County and are not included in the services contemplated hereunder. 12. Western States shall not be responsible for any errors determined in data furnished by other parties, including title reports and commitments, legal descriptions, appraisals and related documents. Discovery of any error may require an amendment to this Cost Proposal. 13. Payment of negotiated considerations for easements and fee purchases, title company insurance, including research, closing fees and fees required for obtaining necessary agreements and releases from secondary parties (i.e., financial interests/mortgages) shall P:\PROMO\Weld County\2014 WCR 49\Conditions of Services and Parameters.docx EXHIBIT B not be the responsibility of Western States and are not considered a part of the cost of services. 14. In the event any property owners are not available to be contacted regarding the negotiations contemplated hereunder and such lack of availability is beyond the control of Western States, such circumstances may necessitate an amendment to this Cost Proposal. 15. Any determination based on law and/or court order, which necessitates that negotiations must be continued beyond impasse, may necessitate an amendment to this Cost Proposal. 16. The basis of this Cost Proposal is derived in part from information provided by the County and accompanying documentation and subsequent meetings with County representatives. 17. The estimate of hours to be expended by Western States and the resulting costs are contingent, in part, on Western States having direct control over the scheduling of its personnel, including, but not limited to, scheduling of appointments, etc., with Project personnel, subject property owners and the like. 18. In regard to relocations, it is our understanding that there are three residential structures that will be acquired as part of the acquisition process. Two of the residential structures are currently occupied and will require relocation services. The relocations services are intended to generally follow CDOT / Federal process. It is our expectation that the County will develop a process for approving relocation determinations and establish an appeals procedure should that become necessary. Our relocation efforts proposed herein are intended to conclude at the time the relocated family has been moved to a new domicile and participation in any appeals is not considered a part of this Cost Proposal. Once we have located an acceptable replacement domicile for a relocated residential unit and have presented same to the relocatee, in the event the relocatee determines that the relocation domicile is not acceptable, we have not included costs for extended services in that regard. Any appeals would be handled by the County and our involvement in same would be on a time and materials basis. The third residential structure which is unoccupied is considered to be eligible for personal property moving expenses. 19. In the event there are any third party costs that are not typically included in right of way acquisition or relocation services provided by the consultant (such as moving bids for relocations and the like), we will forward those invoices for such costs directly to the County for payment. P:\PROMO\Weld County\?014 WCR 49\Conditions of Services and Parameters.docx EXHIBIT B PLEASE READ THIS PARAGRAPH AND CHECK THE BOX BELOW: NI I understand that I must provide proof of insurance if awarded this proposal. I also understand that my proposal may be rejected if I do not provide proof of insurance within the required 10 days after Notice of Award. 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No.#B1400113. 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. FIRM: Western States Land Services, Inc. BY: Phil B. Mazur, President (Please print) BUSINESS ADDRESS: 505 N. Denver Avenue DATE: June 12, 2014 CITY, STATE,ZIP CODE: Loveland, Colorado 80537 TELEPHONE NO (970)667-7602 FAX (970) 667-6580 TAX ID#84-0862014 SIGNATURE = Fs E-MAIL: pmazur@ws-ls.com WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS#98-03551-0000. PLEASE DO NOT FAX BACK PAGES 1-7. EXHIBIT C WESTERN STATES LAND SERVICES, INC. Invoice Date Invoice Number` 505 N. DENVER AVENUE Jul 14, 2014 C40-18 LOVELAND, CO 80537 Tel: (970)667-7602 Fax: (970)667-6580 Page 1 of 1 Mr.Leon Sievers WELD COUNTY Public Works Department Billing Period: August 01,2014 To August 31,2014 1111 H Street,P.O. Box 758 Proj ID: C40-I8: Manager:PBM Greeley CO 80632-0758 Proj Name: WCR 49 Corridor Phase I ROW Acq. NV I ICE O Emp ID Description Hours Rate Amount SERVICE: LK GENERAL CLERICAL 8.00 $ 38.00 $304.00 PBM CONSULTING SERVICES 15.00 $ 70.00 $1,050.00 EXPENSES: PBM Mileage $25.00 MM Photo&Laser $20.00 MM Postage $50.00 MM Survey, Mapping,Legal Desc. - see attached invoice from Drexel $2,356.00 MM Telecom Barrell $17.40 Total Services: $1,354.00 Total Expenses: $2,468.40 Amount Due this invoice $3,822.40 This invoice is due upon receipt WO#Western-02 SRP-24 Budget Amount: $209,200.00 Budget Spent: $3,822.40 Remaining Budget: $205,377.60 Account Summary Last Inv Num Last Inv Date Last Inv Amt Last Pay Amt Prey Unpaid Amt 0 $ 0.00 $ 0.00 $ 0.00 Total Amount Due(including this invoice): $ 3,822.40 EXHIBIT C WESTERN STATES LAND SERVICES, IN Time Verification' 505 N. DENVER AVENUE Printed on: 7/11/2014 LOVELAND, CO 80537 Page 1 of 2 Tel: 970-667-7602 Fax: 970-667-6580 PMAZUR@WS-LS.COM TEDATE PROJECTID 8/1/2014 to 8/31/2014 O40-18:to C40-18: Employee Name: Linette Kwan Date Project ID Activity ID Description Hours B-Hours Billable C40-18: WCR 49 Corridor Phase I ROW Acci. TUES 8/5/2014 C40-18: GEN:GC GENERALCLERICAL 4.00 4.00 Yes draft NOI letters for properties 1-6, copy and prepare for mailing CMRRR, update spreadsheet WED 8/13/2014 C40-18: GEN:GC GENERAL CLERICAL 1.00 1.00 Yes update spreadsheet re: delivery of offer ltrs to properties 1-6; confer w/PM and JMM re: status of project, etc. MON 8/18/2014 C40-18: GEN:GC GENERAL CLERICAL 3.00 3.00 Yes draft and edit contracts for parcels 1, 3, and 5, confer w/PM Project Total: 8.00 8.00 Employee Total: 8.00 8.00 Signature BillQuick Standard Report Copyright 2007.Last Modified on:7/11/2014 • EXHIBIT C WESTERN STATES LAND SERVICES, IN Time Verification 505 N. DENVER AVENUE Printed on: 7/11/2014 LOVELAND, CO 80537 Page 2 of 2 Tel: 970-667-7602 Fax: 970-667-6580 PMAZUR@WS-LS.COM TEDATE PROJECTID 8/1/2014 to 8/31/2014 C40-18:to C40-18: Employee Name: Phil Mazur Date Project ID Activity ID Description Hours B-Hours Billable C40-18: WCR 49 Corridor Phase I ROW Acu. FRI 8/1/2014 C40-18: GEN:CS CONSULTING SERVICES 3.00 3.00 Yes NOI LETTERS FOR PARCELS 1 THROUGH 6 WED 8/6/2014 C40-18: GEN:CS CONSULTING SERVICES 2.00 2.00 Yes CONTACTS WITH PARCELS 1,3,4 AND 6 MON 8/11/2014 C40-I8: GEN:CS CONSULTING SERVICES 4.00 4.00 Yes MEETINGS\NEGOTIATIONS WITH PARCELS 4,6,AND 8 MON 8/18/2014 C40-18: GEN:CS CONSULTING SERVICES 6.00 6.00 Yes MEETINGS AND DISCUSSIONS RE: PARCELS 2,5,6,10 Project Total: 15.00 15.00 Employee Total: 15.00 15.00 Signature BillQuick Standard Report Copyright 2007.Last Modified on:7/11/2014 MEMORANDUM 1861 ) Date: June 25, 2014 TO: Trevor Jiricek N T Y FROM: Leon Sievers SUBJECT: Bid # B1400113, WCR 49 Corridor Phase 1 Right of Way Acquisition project Public Works Department has reviewed the Bids from Western States Land Services, Inc, Briggs Field Services, Inc and H. C. Peck and Associates, Inc. Public Works verified the mathematics in the bids and have found all bids to be correct as written. Public Works has worked with Western States on many other projects and have found them to be a good solid organization that has always completed the work per the scope and budget.The references listed have been checked and verified. Public Works would like to recommend award of this bid to Western States Land Services, Inc. WELD COUNTY PURCHASING ►` 86 1150 O Street Room #107, Greeley CO 80631 E-mail: mwalters@co.weld.co.us C 1 r ��I E-mail: reverettco.weld.co.us G r 1 i Phone: (970) 356-4000, Ext 4222 or 4223 'SOT U N?Y Fax: (970) 336-7226 DATE OF BID: JUNE 12T", 2014 REQUEST FOR: WCR 49 CORRIDOR PHASE I - RIGHT OF WAY ACQUISITION DEPARTMENT: PUBLIC WORKS DEPT BID NO: #61400113 PRESENT DATE: JUNE 16T" 2014 APPROVAL DATE: JUNE 30T", 2014 VENDORS TOTAL COST Western States Land Service, Inc. $209,200 HC Peck $307,652.75 Briggs Field Services, LLC. $313,491 2014-1789 Hello