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HomeMy WebLinkAboutWORK ORDER - PURCHASE ORDER - 9136840WORK ORDER PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND Western States Land Services, Inc. DATED: December 16, 2013 Work Order Number: WS-400901812-13 Purchase Order Number: Project Title: Horsetooth and Timberline Intersection Improvements Original Bid/RFP Project Number & Name: Sole Source Request for Consulting Federal Aid Acquisition Mentoring services Commencement Date: December 16, 2013 Completion Date: July 1, 2014 Maximum Fee: (lime and reimbursable direct costs): Not to Exceed $9,000.00 Project Description: Review of City documents for the preparation of Right of Way and Easement Acquisition per Federal guidelines. Scope of Services: See Attached Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the.event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of Five `) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional BY �r I L — 13 City of Fort Colli ir By: Project Man er 7�If Date: 1?11 r By: Gerry Paul Director of Purchasing and Rick Management (over$60,000.00) Date: Land Services, Inc. November 12, 2013 Lindsay Kuntz, Real Estate Specialist II City of Ft. Collins 300 LaPorte Avenue P.O. Box 580 Ft. Collins, CO 80522-0580 Acquisition and Relocation Specialists 505 North Denver Avenue Loveland, Colorado 80537 (970) 667-7602 • Metro (303) 938-1414 Fax (970) 667-6580 Re: Federal Aid Right of Way Acquisition Mentoring Services City of Fort Collins Horsetooth Road / TimberIine Road Intersection Project Federal Aid Project AQC M455-010 Dear Lindsay; Please accept this letter as our brief proposal and cost estimate to provide consulting federal aid acquisition mentoring services for the City of Fort Collins staff regarding the above referenced project. As we have discussed, our services for this project are intended to provide mentoring of specific individuals within the City Real Estate Services staff in order to provide them the opportuuties to submit examples of their work performed on this project to the Colorado Department of Transportation (CDOT) and request pre -qualification for future federal aid acquisition work for the City. The mentoring will consist of assistance in preparation of appropriate documentation during the acquisition process and periodic review of the acquisition procedures employed as the acquisition process moves forward for this project. The standards to provide mentoring as provided by CDOT are not set forth in writing and have been established generally through the CDOT Region 4 office. The mentoring process envisioned for this current project is a continuation of mentoring that was provided to the City staff on Phase II and III of the North College Improvements Project. During the last phase of that project, the City staff prepared all documentation and Western States performed review of primary acquisition documentation such as Notice of Interest letters, Offer letters, Final Offer letters, Last Written Offer letters and negotiation logs. Additionally, we reviewed the City's valuation process including development of Fair Market Values and Value Findings. We do not envision being involved with day to day specific negotiations with the project property owners, however, we are available and anticipate that we will be requested to advise the City staff regarding selected situations that may arise during the negotiation process, If necessary, we can review properties in the field with City staff and discuss 'potential resolutions to acquisition circumstances that may arise. During the negotiation process, we will periodically monitor the negotiations including random review of the negotiator logs. At the conclusion of the acquisition phase of this project; it is our understanding that the specific agents engaged in the acquisition activities on behalf of the City may submit their work product documents to CDOT Region 4 and request placement onto the CDOT Pre -Qualified Federal Acquisition Agents list for future City of Fort Collins projects. Page 2 of 4 BASIC PROJECT DESCRIPTION The Harsetooth Road / Timberline Road Intersection Improvements' Project will entail acquisition of property interests from approximately 10 individual and distinct property ownerships. Three of the acquisitions are considered to be very small temporary construction easements which will likely qualify for Value Findings. There are 7 fee acquisitions however, one, McDonalds, may be small enough to also qualify for a Value Finding. Prior investigations by the City have determined that there will not be any relocation involved with this federal project. It is our understanding that the City has already obtained City Council authority to acquire die necessary property interests and expects that the right of way plans will be approved for this project during the month of November. The City has retained an independent third party appraiser to provide appraisals for all acquisitions that exceed the Value Finding thresholds. All appraisals and Value Findings will be submitted to CDOT Region 4 for review and approval and establishment of a Fair Market Value (FMV) as a basis for the upcoming Offers. The City has legal descriptions and title commitments for each of the acquisitions and intends to use its standard form of real estate contract. It is noted that one acquisition from the Poudre School District is expected to be dedicated pursuant to a pre-existing agreement reached with the City of Fort Collins. Normally, it is anticipated that these transactions will flow through an independent title company providing clear title and title insurance to the City. In exception to this may be the closure of small value acquisitions involving temporary construction easements only which can be handled by the city staff. The City proposes to go to ad on or about the Spring of 2014 and therefore we anticipate the acquisition activities should be closed or to the point of legal acquisition by the City by that time. BASIC SERVICES TO BE PROVIDED Western States will review by signature each of the following documents that are prepared by city staff prior to issuance: 1. Notice of Interest to Acquire (appraisals) 2. Notice of Interest to Acquire (Value Findings) 3. Offer to Acquire 4. Offer of Fair Market Value 5. Final Offer or Last Written Offer to Acquire Other documents that will be reviewed for completeness but not counter -signed by Western States will include: 1. Inclusion of right of way plans 2. Inclusion of legal descriptions 3. Inclusion of CDOT Demographic Informational form 4. Inclusion of right of way acquisition policies and procedures pamphlet 5. Additional miscellaneous attachments on a case by case such as Colorado Statutes 38- 1-121, City Ordinance approval acquisitions, appraisal guidelines and the like. Initially, Westem States will review a single set of acquisition documentation prepared by the City for a particular acquisition. Once the initial acquisition documents have been reviewed and approved by Western States, we expect that the City staff will then prepare multiple document P:\FORT COLLINS\C08il20\PROM0 2013\L. Kuntz promo Itr 11-12-13.doc Page 3 of 4 packages in groups such as Notice of Interest to Acquire, Offer to Purchase / Offer of Fair Market Value letters, etc. and we will review multiple packets for review and transmittal onto the subject property owners. We anticipate that our review of the aforementioned documeniation may occur at the offices of the City of Fort Collins Real Estate Services or, in the event it is convenient, agents with the City may bring the documentation to our offices for initial review and approval. During the acquisition activities, Western States will main a reduced set of acquisition files, including primary letters, offers, e-mails, legal descriptions, title commitments, right of way plans, closing documents and other pertinent documentation on an in-house basis. As a part of our mentoring, we will inspect the City's file keeping process to ensure that the appropriate record documentation such as agent certification and activity logs are kept current with the status of the acquisitions. As the negotiations proceed, we will review with the City acquisition staff the overall status of the acquisitions and discuss specific negotiation issues that may require an interpretation of the aforementioned Federal Uniform Act. For -this project, we understand that the City proposes to utilize its own funds for payment of monies due to property owners and therefore we anticipate that administrative settlements will not be required for presentation to CDOT Region 4. We do recommend, however, that in the event settlements are reached greater than the FMV monetary amount, that the City staff document those transactions to be used for administrative settlement form for fixture reference and demonstration to CDOT Region 4 at the conclusion of the project. Included in our mentoring services will be attendance at selected progress meetings and special meetings necessitated by special issues that may arise during the acquisition process that relate to the federal rules and procedures. At the conclusion of right of way acquisition, or such time as the City has obtained legal possession or court dates for Immediate Possession hearing relative to any condemnation filed, Western States will work with the City acquisition staff to prepare the appropriate right of way clearance request documentation for presentation to CDOT Region 4. At that time a final and thorough review be conducted of all City acquisition documents relating to this project to verify compliance with the Uniform Act and the request of CDOT Region 4 relative.to our Right of Way Clearance Request. ESTIMATED COSTS FOR SERVICES As the overall mentoring process is not well defined and Western States is not in control of the schedule of the various acquisition activities that will ensue, it is difficult to derive an exact estimate of our expected time and expenditures for these efforts. Considering that our work effort will be sporadic and will continue into the Spring of 2014, we have budgeted the following costs for these services: Agent (80 hours x $75 per hour) $6,000.00 Administrative (50 hours x $40 per hour) $2,000.00 Expenses (mileage conies telecom postage etc.) $ 500.00 Total $8,500.00 Western States will bill for its time on a monthly basis and pursuant to the attached Fee Schedule. Note the Fee Schedule is the scheduled established for Federal Aid Projects in 2014. The above calculated budget amount is not presented in a fixed bid and the City will be billed only for the actual time and expenses incurred. In the event our efforts expand beyond the current estimate, we will not bill in excess of the amount provided above without prior authorization by the City. P:\FORT COLLIMC086201PROM0 2013\L. Kuntz promo Itr It- 12-13.doe Page 4 of 4 Thank you and please advise should you have any questions in regard to the information contained herein. Once we receive notification from the City that we are approved to move forward with our services, we will begin coordinating specifically with the City Real Estate Services staff. Sincerely, WESTERN STATES LAND SERVICES, INC. PresidentPhil B. Mazur — SRIWA PM/lpk Enclosures: Fee Schedule CC: C08-20 (file) PAFORT COLLINSlC08920TROM0 2013E. Kuntz promo Itr 11-12-13.doc WESTERN STATES LAND SERVICES, INC. FEE SCHEDULE CITY OF FORT COLLINS Calendar Year 2014 HOURLY * Supervisor............................................................................................$75.00 Acquisition / Relocation Specialist 1........ :........................................ $75.00 Acquisition / Relocation Specialist Il...... ..... ..................................... $60.00 Clerical) Administrative Assistant .......................................... $40.00 EXPENSES Expenses are charged at actual costwith no surcharge Vehicle mileage ................................:...............Federal Rate (+/- $.51/mile) Photocopies................................................................................... $.201page 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) PAFORT COLLINSCO9920TROMO 20131Fce Scbedulc 2014 Federal Aid Projects.doe Ciw:.:: F6rt Cdbw� MEMO Date: December 11, 2013 Planning, Development & Transportation Engineering Department 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6605 970.221.6378 - fax Icgov. com/en gin eering To: Gerry Paul, Director of Purchasing and Risk Management John Stephen, Senior Buyer From: Tim Kemp, Civil Engineer III Through: Dean Klingner, Capital Projects Program Manager Re: Sole Source Request for Western States (Horsetooth and Timberline) Background: The Capital Projects group is currently designing an intersection improvement project for Horsetooth and Timberline to mitigate operational, congestion and safety issues. The project requires the purchase of right-of-way and easements from various property owners adjacent to the intersection. The design and right-of-way acquisition phases are being funded by Building on Basics (BOB) Intersection Qocal) funds. The construction phase is being funded by Building on Basics (BOB) Intersection funds and a federal grant. The project team is following all requirements mandated by the Federal Highway Administration (FHWA) and the Colorado Department of Transportation (CDOT); similar to the processes we follow for a majority of out- projects. The proposed acquisition areas have been approved by City Council and the right-of-way plans are awaiting approval by CDOT. Upon approval from CDOT, the team will enter into the right-of-way acquisition phase for this project. Construction of the project is expected in the summer of 2014. Sole Source Request: Lindsay Kuntz, of the City's Real Estate Services Group (RES), has been working toward meeting her CDOT qualification requirements relating to right-of-way acquisition on federal aid projects. Going. into this project, the team had assumed that Lindsay would meet her CDOT requirements on the Third Phase of the North College Project. However, the right-of-way acquisitions are still on -going for North College so CDOT has stated that Horsetooth and Timberline needs a third party reviewer of our federal aid acquisition paper work. This service was not included in our engineering design contract. city of Fort Collins We are asking the Purchasing Department to grant a "sole source request' for Western States Land Services, Inc. (Phil Mazur) to provide consulting federal aid acquisition mentoring services based upon the following: Western States has been serving RES in this same capacity for North College Phase II and Phase III, see the attached scope and fee estimate from Western States Western States has a long-standing, professional relationship established with the CDOT Real Estate staff members and experience with the acquisition process Western States estimated fee has been reviewed by RES and Engineering and found to be reasonable when compared to similar project scopes Summary: In conclusion, the Engineering Department is asking the Purchasing Department to grant a "sole source request' for Western States services on the Horsetooth and Timberline project. This will be the last project requiring a third party review of the acquisition phase documents. Western States estimated fee of $8,500.00 is slightly higher than the maximum amount for a mini order. Please contact me if you have questions or concerns with this request. Tim Kemp x 2719 Attachmentfrom Western States(5 pages)