Loading...
HomeMy WebLinkAbout106089 WESTERN STATES LAND SERVICES INC - CONTRACT - RFP - 7142 ACQUISITION AND RELOCATION SERVICES NORTH COLLEGE AVENUE IMPROVEMENTSPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Western States Land Services, Inc., hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than March 31, 2011. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Standard Professional Services Agreement- rev03/10 Close Acquisitions All executed Agreements will be presented to RES. RES will then route the Agreements through the City for the appropriate signatures. Consultant shall assist RES and the title company to obtain clear title. If requested, the Consultant shall assist the title company with acquisitions that are being closed by the title company. Eminent Domain Proceedings Consultant shall represent the City in all eminent domain proceedings, including court trials, depositions and testimony. Bill Boards The City does not expect any Bill board acquisition on this project. B. Project Schedule The project schedule calls for the selected Acquisitions Contractor to send out Notice of Interest Letters in July as soon as they have been issued a Notice to Proceed. Acquisition of all property interests needs to be completed by March of 2011, so the project can be bid. EXHIBIT B WORK SCHEDULE RIGHT OF WAY ACQUISITION AND RELOCATION SAMPLE SCHEDULE - CITY OF FORT COLLINS NORTH COLLEGE AVE. IMPROVEMENTS PR03ECT PHASE II 2010 Number Task Resource Start End ;Duration. July August September October November December January February March Al pff I N01iCF. TO PROCEED CITY Of F.C.7/3/2010, 7/5/2010 1 2 LEGAL DESCRIPTIONS -TITLE CONSULTANTS 7/1/2010'7/15/2010 11 REPORTS NOTICE TO OWNERS - CC ORDINANCE CITY OF F-C.. 7/15/2010 7130/201.0 12 .1',. 4 RW PLAN APPROVAL CITY\ENGINEER 7/15/2010 7/15/2,010 1 5 NOTICE OF INTEREST LETTERS WSLS 7/15/2010 8/1/ 2010 12 G PROPERTY INSPECTIONS ROERIG\WSLS 8/1/2010 9/1/2010 23 WITH OWNERS 7 VALUE FINDINGS WSLS 8/15/2010 9/15/2010 23 8 OFFERS - VALUE FINDINGS WSLS 9/1/2010 10/1/2010 23 9 APPRAISALS FINISHED ROERIG 9/1/2010 10/15/2010 33 10 COOT REVIEW - FMVs CDOT 9/25/2010 11/1/2010 34 DELIVERED 11 OFFERS - FMVs WSLS 10/1/201011/15/2010 32 12 NEGOTIATIONS WSLS 10/1/201012/15/2010 54 �. 13 FINAL OFFERS WSLS 11/1/2010 1/14/2011 - 55 CONDEMNATIONS-POSS. 14 AGMTNS CLTY\CAU 12/1./2010 3/31/2011 87 - - - OBTAIN RW CLEARANCE 15 FROM CDOT WSLS\COOT 3/1/2011 3/31/2011 23 16 OPEN 10/6/2011 10/6/2011 1 1 EXHIBIT C SCHEDULE OF FEES AND COSTS AND COST ESTIMATE TO PROVIDE SERVICES The following is the standard fee and cost schedule for Western States Land Services for calendar year 2010 - 2011. These fees and costs are applicable to the City of Fort Collins North College Avenue Improvement Project, Phase II. Note that our rates have not changed over the past three years: Hourly Supervisor (Phil B. Mazur) $65 per hour Project Manager (Michael D. Morgan) $60 per hour Acquisition / Relocation Specialist $55 per hour (John Doty and Ron Loose) Administrative Support (Linette Kwan) $35 per hour Expenses Expenses are charged at the actual cost with no surcharge. Direct expenses for items such as postage, telephone, etc. are charged at actual cost with no surcharge Mileage (or Federal Government Allowance) $ .46 per mile Photocopies $ .20 per page Facsimiles $1.00 per page Computer/PC/AT/Word Processor Included in regular rates Mileage costs are based on travel from the home office to the project site and not from personal residences. COST Estimate As demonstrated in the schedule included with this proposal, it is anticipated that the project services will begin immediately upon receipt of Notice to Proceed from the City, which is anticipated to be around July 1, 2010. As previously discussed, right of way acquisition and relocation services are intended to occur simultaneously with all necessary property owners along the Project. From a staff level, we plan to utilize Michael D. Morgan and Phil B. Mazur as the principal field agents and office support from Linette Kwan to perform the acquisition services. In the event additional assistance is necessary, as indicated in the Personnel section of this proposal, we have additional agents available to work on this Project. Due to the various intangible aspects of right of way acquisition and relocation, it is difficult to estimate a "Not to Exceed fixed bid" for our services. We strive to provide an efficient and frugal service for our clients and we typically complete our assignments for less than the fees that we estimate at the onset. We strive to achieve an economy of scale in our services whereby we attempt to consolidate our project meetings with the client, project team members and property owners. In fairness to our clients and the property owners with whom we will work with on a personal level, we realize that any given set of negotiation services cannot be accurately measured in terms of hours of service spent for a particular acquisition or relocation. When working on federally funded projects, we also realize that there is an additional effort required in order to comply with the documentation and standards established by CDOT and this is reflected in our hourly estimates. Based on our past experience with similar projects and the specific scope and schedule established by the City for the North College Avenue Improvement Project, Phase 11, the following is an estimate of our overall projected cost: Senior Agent (1,200 hours x $60 per hour) $ 72,000* Supervisor (160 hours x $65 per hour) $ 10,400 Administrative Support (600 hours x $35 per hour) $ 21,000 Total labor $103,400 Expenses (copies, facsimiles, postage, mileage, etc.) S 7,000 Grand Total $110,400 * As noted elsewhere in this proposal, it is not anticipated there will be relocation services necessary for this Project. In the event relocations are required in order to meet the requirements of the Project and Uniform Act, we will review with the City the potential costs involved with same. The above quotation is not considered as an absolute bid and it is Western States practice to charge our clients only the actual hours and expenses incurred on any project. In the event, upon the completion of our services we have not expended the entire budget referenced above, then that would result in a cost savings to the City. As noted in our budgetary review included in our project references, that has been a typical occurrence. In the event unforeseen circumstances arise during the prosecution of our work, or should additional services be requested by the City, causing our services to exceed the above established budget, then we would not incur charges in excess of this amount without providing to the City the basis for any adjustment in our budget and receiving approval of same. Our costs are estimated on the presumption that all work will be released simultaneously and not fragmented. EXHIBIT D INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. CERTIFICATE OF LIABILITY INSURANCE OP ID JS FDATEIMMIDD/YYYY) WESTE-1 03/08/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Richards, Seeley, & Schaefer, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3640 W . 112th Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Westminster -CO 80031 Phone: 303-429-3561 Fax:303-427-0611 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURERA. American States Insurance INSURER B: Plnnacol Assurance 41190 Western states Land Services INSURER 505 N Denver Avenue INSURER Loveland CO 80537 1 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD(YYYY) DATE (MM/DD/YYYY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X❑ OCCUR 02BP85670910 12/15/09 12/15/10 EACH OCCURRENCE $ 1,000,000 PREMISES(Eaoccurence) $ 250,000 MED EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PJECRaT LOC PRODUCTS - COMP/OP AGG $ 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 02CD15012460 - 01/30/10 . 01/30/11 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 > X BODILY INJURY (Per person) $ _ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO ' AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS / UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes. describe under SPECIAL PROVISIONS below 1803222 01/01/10 01/01/11 X TORY LIMITS ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Ft Collins are included as additional insureds. ctK I IhICAI t HULutK CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY019 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL City of Ft. Collins IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Mr O'Neil PO Box 580 REPRESENTATIVES. Ft. Collins CO 80522-0580 AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) 11—ju arlu 1VVV alto rcyl�rViwu 11Idint, VI rig vrcv Professional: City: With Copy to: Western States Land Services, Inc. City of Fort Collins. City of Fort Collins, Purchasing Attn: Mr. Phil Mazur Attn: Helen Matson PO Box 580 505 North Denver Avenue PO Box.580 Fort Collins, CO 80522 Loveland, CO 80537 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or. indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $n/a. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Supervisor (Phil B. Mazur) $65 per hour Project Manager (Michael D. Morgan) $60 per hour Acquisition / Relocation Specialist $55 per hour (John Doty and Ron Loose) Administrative Support (Linette Kwan) $35 per hour Standard Professional Services Agreement- rev03/10 2 Reimbursable direct costs: Mileage (or Federal Government Allowance)$ .46 per mile Photocopies $,.20 per page Facsimiles $1.00 per page Computer/PC/AT/Word Processor Included in regular rates with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed One Hundred Ten Thousand Four Hundred Dollars ($110,400.00) in accordance with the fee schedule attached hereto as Exhibit "C". Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project 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 the City Representative. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. Standard Professional Services Agreement- rev03/10 3 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Standard Professional Services Agreement- rev03/10 4 15. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 16. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days Standard Professional Services Agreement- rev03/10 5 the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. Standard Professional Services Agreement- rev03/10 6 THE CITY OF FORT COLLINS, COLORADO sot4 By O: • •• PmFs B. O'Neill ll, CPPO, FNIGP >.; Directo of urchasing & Risk Management U; • DATE: -7// t-7 A ST=• City Clerk AP OV S TO FORM: Assi an City Attorney Western States Land Services, Inc. Title: President CORPORATE PRESIDENT OR VICE PRESIDENT Date: 1,we �5o?o (a ATT S Secretary Standard Professional Services Agreement- rev03/10 (Corporate Seal) w EXHIBIT A SCOPE OF SERVICES General Project Description The North College Avenue Improvement Project, Phase II is a road improvement project located in the northern area of Fort Collins. The project corridor extends from Vine Drive on the south to the intersection of Conifer Street on the north. The purpose of the project is to construct interim improvements in accordance with the City of Fort Collins North College Corridor Plan and the US 287/SH 14 Access Management Report. The Project will be located within a combination of property owned by the Union Pacific Railroad, City of Fort Collins, and private land owners. The purpose of the Project is to improve the safety, operations and aesthetics between Vine Drive and the Hickory/Conifer intersection. The project includes curb, gutter and minor street patching; redefinition and consolidation of driveways; bike lanes and sidewalks, new streetscape and other necessary improvements. The Project includes the following improvements: • New curb, gutter, and minor street patching • Redefinition and consolidation of driveways • Construction of bike lanes and sidewalks • New streetscape including landscaped parkways • Installation of pedestrian bridges Construction of enhanced crosswalks In 2005, Fort Collins voters approved a 1/4 cent sales tax to fund capital projects _ Building on Basics (BOB). One of the transportation projects funded through this package is "North College Avenue Improvements Phase 2 — Vine Drive to Conifer." This project is the next phase of the improvements that were initially funded through the Building Community Choices (BCC) capital plan, which expired in 2005. The BCC program funded improvements from Jefferson to Vine Drive. Funding Sources: • City Funds/BOB • Residual funds from Northern Colorado Truck Route Relocation Project • State/Federal funds • Urban Renewal Authority (URA) fund The area of the acquisitions needed for this project runs from the intersection of Conifer Street and College Avenue south to Vine Drive. The property interests required by this project include fee -simple, permanent, and temporary easements. City staff has identified 38 project parcels requiring acquisition. Detail showing the affected parcels and other project information is available on the project website: http://www.fcgov.com/engineering/ncollege/php. The schedule for this Project calls for the Notice of Interest Letters being sent in July. The Project schedule calls for a very aggressive acquisition schedule. L Scope of Services The services will generally consist of providing professional services related to the acquisition of required property interests and/or performance of relocation services, if required, for the Project. A. Requirements: Meetings and General Coordination The Consultant shall regularly attend project team meetings with the project team. In addition to meetings with affected property owners, the Consultant shall also attend public meetings and open houses as requested by the project team. Documentation Preparation All forms, including, but not limited to, letters, notices, agreements, easement agreement, etc., used for the Project must be as approved by the City of Fort Collins Attorney's Office ("CAO"). Appraisals The firm of Bonnie Roerig and Associates has been selected as the appraiser for the Project. Once the properties have been appraised by Bonnie Roerig and Associates, the appraisals will be reviewed by Colorado Department of Transportation, who will also determine the. Fair Market Value ("FMV") for property interests. The Consultant will use this FMV in their negotiations. Title Documents/Legal Descriptions The City of Fort Collins has obtained title commitments on all potentially affected properties. These commitments will be provided to the Consultant. It will be the responsibility of the Consultant to update title commitments during the acquisition phase. Legal descriptions are being prepared by Farnsworth Group. These legal descriptions will be provided to the Consultant along with project plans. Negotiations/Acquisitions Once the Consultant has entered into an Agreement with the City of Fort Collins, the Consultant shall immediately begin acquisition services for the Project. All negotiations must conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 as Amended (Public Law 91- 646). In addition any change to agreements will be approved by the City's Attorney's Office. Any counteroffers will be cleared through RES and the Project Manager. Relocation Services If the Appraiser determines that Relocation is required on any of the property acquisitions for the Project, the Consultant shall administer the relocation process as determined by the Uniform Act.