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HomeMy WebLinkAbout09591RESOLUTION NO. 9591 A RESOLUTION APPROVING A PROFESSIONAL CONSULTING SERVICES AGREEMENT BETWEEN WILSON & COMPANY AND THE CITY FOR SPECIFIC RIGHT -OF -WAY ACQUISITION SERVICES RELATED TO THE ARKANSAS RIVER FISHERIES HABITAT PROJECT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo entered into a Project Cooperation Agreement with the Department of the Army on April 8, 2002 for the Arkansas River Fisheries Habitat Project; and WHEREAS, the Project Cooperation Agreement requires the City of Pueblo to secure rights -of -way and property for the construction and operation of the project. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. An Agreement dated May 13, 2002, a copy of which is attached hereto and made a part hereof, after having been approved as to form by the City Attorney, by and between Pueblo, a Municipal Corporation, and Wilson & Company is hereby approved. SECTION 2. Funds for said professional services shall be paid from the Arkansas River Corridor Legacy Project Account No. AL 0201. SECTION 3. The President of the City Council is hereby authorized to execute the said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. INTRODUCED: May 13, 2002 BY: Al Gurule CO U CILPERSON APPROVED: , PRESIDENT OF CITY COUNCIL ATTESTED BY: � z ' N- Y CLERK Background Paper for Proposed RESOLUTION AGENDA ITEM # ( 0 DATE: MAY 13, 2002 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH TITLE A RESOLUTION APPROVING A PROFESSIONAL CONSULTING SERVICES AGREEMENT BETWEEN WILSON & COMPANY AND THE CITY FOR SPECIFIC RIGHT -OF -WAY ACQUISITION SERVICES RELATED TO THE ARKANSAS RIVER FISHERIES HABITAT PROJECT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve a Professional Consulting Services Agreement with Wilson & Company for the completion of specific right -of -way acquisition services related to the Arkansas River Fisheries Habitat Project? RECOMMENDATION Approval of Resolution. BACKGROUND As part of the Arkansas River Fisheries Habitat Project, the City of Pueblo is planning to contract with Wilson & Company to provide specific right -of -way acquisition services for the Arkansas River Fisheries Habitat Project. The consultants with Wilson & Company have extensive experience in right -of -way acquisition for federally funded projects requiring compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act. The acquisition, surveying and appraisal of properties and rights -of -way for the project are required prior to the approval of construction contracts by the U.S. Army Corps of Engineers. The City of Pueblo is responsible for the right -of -way acquisition as part of the Project Cooperation Agreement. Wilson & Company is purposing to complete or coordinate specific acquisition, surveying, and appraisal services that cannot be completed by City staff. FINANCIAL IMPACT The funds to pay for the consulting services have already been appropriated and budgeted as part of Ordinance No. 6805 establishing the Arkansas River Corridor Legacy Project Capital Project Fund. The consulting services will be charged on a per hour basis with a not to exceed fee of $100,000.00. The cost of right -of -way acquisition is included within the real estate acquisition section of the Project Cooperation Agreement between the Army Corps of Engineers and the City of Pueblo. The payment of the consulting services will be credited toward the City's 35% matching funds for the U.S. Army Corps of Engineers Arkansas River Fisheries Habitat Project. Rev. 5/2/02 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered this 13th day of May, 2002, by and between the City of Pueblo, a Municipal Corporation ( "Client ") and Wilson & Company, A Partnership (hereinafter referred to as "Consultant ") for Consultant to render non - exclusive professional planning and consulting services for Client with respect to property acquisition, survey and associated services for the Arkansas River Fisheries Habitat Restoration Project and related ancillary services, hereinafter referred to as the "Project." In consideration of the mutual covenants hereinafter set forth, the parties agree as follows: SECTION 1. GENERAL AND SCOPE OF SERVICES. (a) Consultant shall satisfactorily perform the professional planning and consulting services for the Project described in more detail in Schedule 1 attached hereto and incorporated herein by reference (the "Basic Services "). Such services shall include all usual and customary professional planning and consulting services including any required drafting or design services incident to its work on the Project. (b) To the extent Consultant performs any of the Project work through subcontractors or subconsultants, Consultant shall be and remain as fully responsible for the full performance and quality of services performed by such subcontractors as it is for services performed directly by Consultant. (c) To the extent Consultant requires access to private property to perform its services hereunder, Consultant shall be required to make arrangements to obtain such access. However, in the event Client has already secured access for Consultant to any such property through a right of entry agreement, access agreement, letter of consent or other instrument, Consultant shall fully comply with and be subject to the terms and conditions set forth therein. A copy of any such instrument will be provided to Consultant upon request. SECTION 2. CONSULTANT'S RESPONSIBILITIES (a) Consultant shall be responsible for the professional quality, technical accuracy and timely completion of Consultant's work, including that performed by Consultant's subconsultants and subcontractors, and including drawings, reports and other services, irrespective of Client's approval of or acquiescence in same. (b) Consultant shall be responsible, in accordance with applicable law, to Client for all loss or damage to Client caused by Consultant's negligent act or omission; except that Consultant hereby irrevocably waives and excuses Client and Client's attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13 -20 -602, C.R.S. or similar statute, whether now existing or hereafter enacted. (c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution of work under this Agreement and shall provide all necessary safety and protective equipment for said employees. (d) Consultant acknowledges that time is of the essence with respect to the completion of its services under this Agreement. Client may, before commencement of work by Consultant, or at any time thereafter, provide a schedule to Consultant setting forth target dates by which achievement of interim tasks by Rev. 5/2/02 Consultant and aquisition of easements, lands and rights of way is to occur. Upon approval of the schedule by Consultant,and except to the extent the parties agree to time extensions for delays beyond the control of Consultant, Consultant shall adhere to this schedule and perform its work in a timely manner so as not to delay Client's timetable for achievement of both interim tasks and final completion of Project work. (e) Before undertaking any work or incurring any expense which Consultant considers beyond or in addition to the Scope of Work described in Schedule 1 or otherwise contemplated by the terms of this Agreement, Consultant shall advise Client in writing that (i) Consultant considers the work beyond the scope of this Agreement, (ii) the reasons that Consultant believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Consultant shall not proceed with any out of scope or additional work until authorized in writing by Client. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Consultant shall be compensated for its direct costs and professional time at the rates set forth in Schedule 2 attached hereto. (f) The parties hereto understand that this Agreement is non - exclusive and that Client may perform the type or types of services contemplated herein, or any portion or portions thereof, using its own employees or through other consultants. SECTION 3. FEES FOR SERVICES; PAYMENT (a) Client will pay to Consultant as full compensation for all services required to be performed by Consultant under this Agreement, except for services for additional work or work beyond the scope of this Agreement, compensation calculated in accordance with the hourly rates and reimbursement for expenses as set forth in Schedule 2. Upon execution of this instrument, Client has authority to incur an obligation under this Agreement not to exceed $100,000.00. Consequently, in the event Consultant performs services and incurs expenses which at any time aggregate to an amount in excess of eighty percent (80 %) of the maximum amount of Client's authority limit set forth in this subparagraph (a), whether billed or not, Consultant shall promptly advise Client of same and provide an estimate of the anticipated remaining compensation and expenses required for Consultant to complete the work contemplated by this Agreement. Consultant shall not perform services or incur expenses in excess of the authority limit unless subsequently authorized in writing by Client to do so. (b) Consultant shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount set forth above, for actual professional services rendered and for reimbursable expenses incurred. Applications for payment shall be submitted based upon the hourly rates and expense reimbursement provisions set forth in Schedule 2 attached hereto, and shall contain appropriate documentation that such services have been performed and such expenses incurred. Thereafter, Client shall pay Consultant for the amount of the application within 45 days of the date such application is received. (c) No separate or additional payment shall be made for profit, overhead, local telephone expenses, lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses unless otherwise provided and listed in Schedule 2. -2- Rev. 5/2/02 (d) No compensation shall be paid to Consultant for services required and expenditures incurred in correcting Consultant's mistakes or negligence. (e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the provisions of Section 2(e). (f) In the event services under this Agreement are phased and to be performed in more than one fiscal year or are subject to annual appropriation, Consultant acknowledges that funds only in the amount of initial appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. SECTION 4. CLIENT'S RESPONSIBILITIES. (a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant information, surveys, data and previous reports accessible to Client which Consultant may reasonably require. (b) Client shall designate a Project Representative to whom all communications from Consultant shall be directed and who shall have limited administrative authority on behalf of Client to receive and transmit information and make decisions with respect to the Project. Said representative shall not, however, have authority to bind Client as to matters of governmental policy or fiscal policy, nor to contract for additions or obligations exceeding a value which is the lesser of $5000 or 5% of the maximum contract price. (c) Client shall examine all documents presented by Consultant, and render decisions pertaining thereto within a reasonable time. The Client's approval of any drawings, specifications, reports, documents or other materials or product furnished hereunder shall not in any way relieve Consultant of responsibility for the professional adequacy of its work. (d) Client shall perform its obligations and render decisions within a reasonable time under the circumstances presented. Based upon the nature of Client and its requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 46 days shall be presumed reasonable for Client to act with respect to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall be extended where information reasonably required by Consultant is not within the custody or control of Client but must be procured from others. SECTION 5. TERMINATION (a) Client reserves the right to terminate this Agreement and Consultant's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination, Consultant and its subcontractors shall cease all work and stop incurring expenses, and shall promptly deliver to Client all data, drawings, specifications, reports, plans, calculations, summaries and all other information, documents and materials as Consultant may have accumulated in performing this Agreement, together with all finished work and work in progress. (b) Upon termination of this Agreement for events or reasons not the fault of Consultant, -3- Rev. 5/2/02 Consultant shall be paid at the rates specified in Schedule 2 for all services rendered and reasonable costs incurred to date of termination; together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to Consultant or Client. In no event shall payment to Consultant upon termination exceed the maximum compensation provided for complete performance in Section 3(a). (c) In the event termination of this Agreement or Consultant's services is for breach of this Agreement by Consultant, or for other fault of Consultant including but not limited to any failure to timely proceed with work, or to pay its employees and consultants, or to perform work according to the highest professional standards, or to perform work in a manner deemed satisfactory by Client's Project Representative, then in that event, Consultant's entire right to compensation shall be limited to the lesser of (a) the reasonable value of completed work or (b) payment at the rates specified in Schedule 2 for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. (d) Consultant's professional responsibility for its completed work and services shall survive any termination. SECTION 6. SITE ACCESS In the event the Project will require access to property not under the control of Client, Consultant and Consultant's employees and consultants shall obtain all additional necessary approval and clearances required for access to such property. Client shall assist Consultant in obtaining access to such property at reasonable times but makes no warranty or representation whatsoever regarding access to such property. Notwithstanding the foregoing, Consultant understands and agrees that entry to some property by Consultant may be subject to compliance by Consultant with the terms and conditions of an access agreement in accordance with section 1(c) of this Agreement. SECTION 7. USE OF DOCUMENTS (a) Plans, drawings, designs, specifications, reports and all other documents prepared or provided by Consultant hereunder shall become the sole property of Client, subject to applicable federal grant requirements, and Client shall be vested with all rights therein of whatever kind and however created, whether by common law, statute or equity. Client shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and all other technical data or other documents pertaining to the work to be performed under this Agreement. In no event shall Consultant publish work product developed pursuant to this Agreement except (i) with advance written consent of Client and (ii) in full compliance with the requirements of this Agreement and applicable federal regulations. SECTION 8. INSURANCE AND INDEMNITY (a) Consultant agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal injury including bodily injury, sickness or disease or death of any of its employees or of any person M Rev. 5/2/02 other than its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b). (b) The minimum insurance coverage which Consultant shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No /100 Dollars ($600,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No /100 Dollars ($600,000.00) per occurrence for property damage. (iii) Professional Liability Insurance with coverage of not less than $1,000,000, and with a deductible acceptable to Client. (c) Consultant agrees to hold harmless, defend and indemnify Client from and against damages, losses, costs and expenses to third parties, to the extent caused by negligent acts or omissions of Consultant, its employees, subcontractors and consultants. SECTION 9. SUBCONTRACTS. (a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client has a contractual relationship under this Agreement. To the extent Consultant performs any Project activities through subconsultants or subcontractors, Consultant shall contractually bind each of its subconsultants and subcontractors by subcontract agreement to all of the terms of this Agreement which are for the benefit of Client, and Client shall be a third party beneficiary of those subcontract provisions. (b) Consultant shall indemnify and defend Client from all claims and demands for payment for services provided by subcontractors of Consultant. (c) Consultant acknowledges that, due to the nature of the services to be provided under this Agreement, the Client has a substantial interest in the personnel and consultants to whom Consultant assigns principal responsibility for services performed under this Agreement. Consequently, Consultant represents that it has selected and intends to employ or assign the key personnel and consultants identified in its proposal submitted to Client prior to execution of this Agreement to induce Client to enter this Agreement. Consultant shall not change such consultants or key personnel except after giving notice of a proposed change to Client and receiving Client's consent thereto. Consultant shall not assign or reassign Project work to any person to whom Client has reasonable objection. -5- Rev. 5/2/02 SECTION 10. REQUIRED FEDERAL PROVISIONS (a) Consultant understands that Client may be funding the Project in whole or part with funds provided from the U.S. Army Corps of Engineers Section 206 Fisheries Habitat Restoration Program authorized through the Water Resources Development Act ( "Program "). Consultant agrees it is subject to and shall comply with all applicable provisions of said Program, the Act under which the contract award has been made, and applicable regulations. (b) Contractor shall comply with all applicable Federal, State, and local laws applicable to its activities. (c) All records with respect to any matters covered by this Agreement shall be available for inspection by Client, Federal government, State Board of the Great Outdoors Colorado Trust Fund, and the State of Colorado at any time during normal business hours and as often as Client, federal government, State Board of the Great Outdoors Colorado Trust Fund, and the State of Colorado deems necessary, to audit, examine and make excerpts or transcripts of relevant information, and otherwise to perform its official functions or duties. SECTION 11. MISCELLANEOUS (a) Notices Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Consultant or Client by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States mail, first -class postage prepaid, addressed to the Client: City of Pueblo Attention: Scott W. Hobson 211 E. "D" Street Pueblo, Colorado or to Consultant: Wilson & Company Attention: Charles R. Gustafson 455 E. Pikes Peak Avenue, Suite 200 Colorado Springs, CO 80903 Either party may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. (b) Entire Agreement This instrument contains the entire agreement between Consultant and Client respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of either Client or Consultant in relation thereto not expressly set forth in this instrument and its attachments is null and void. Ir'� Rev. 5/2/02 (c) Successors and Assigns This Agreement shall be binding on the parties hereto and on their successors and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to Consultant may be assigned by it without the written consent of Client. (d) Amendments No amendment to this Agreement shall be made nor be enforceable unless made by written amendment signed by an authorized representative of Consultant and by Client in accordance with the requirements of Section 4(b) of this Agreement or upon authorization of Client's governing board. (e) Choice of Law This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a state court of competent jurisdiction located in Pueblo, Colorado. (f) Equal Employment Opportunity In connection with the performance of this Agreement, neither Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. Consultant shall endeavor to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, disability or age. (g) Severability If any provision of this Agreement, except for Section 2, is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or other Project funding source, then such provision shall be deemed void and the remainder of the Agreement enforced. However, it is the intent of the parties that Section 2 of this Agreement not be severable, and that if any provision of said section be determined to be contrary to law or the terms of any federal grant, then this entire Agreement shall be void. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO, A MUNICIPAL CORPORATION By President of the City Council ATTEST: City k D:\MY DOCS 2\LEGACY PROJECTTORPS PROJECTVROPERTY ACQUISITIONTROPs $V- WILSONMEV.DOC Wilson & Company, A Partnership SCHEDULE 1 PROJECT SCOPE OF WORK TO PROVIDE PROPERTY ACQUISITION, SURVEY, PUBLIC INVOLVEMENT AND ASSOCIATED SERVICES FOR THE CITY OF PUEBLO, COLORADO'S ARKANSAS RIVER FISHERIES HABITAT RESTORATION PROJECT DESCRIPTION OF PROJECT AND SERVICES The project area is located in the City of Pueblo and unincorporated areas of Pueblo along the Arkansas River extending from immediately below Pueblo Dam to approximately 10 miles downstream to its confluence with Fountain Creek. Wilson and Company is pleased to offer non - exclusive services to assist the City with defining and acquiring property rights necessary to build and maintain the habitat restoration project. Services are being provided to allow the City to maintain compliance with all Federal and State laws regarding property acquisition for a federal aid project. All services will be conducted in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. All services provided will be specifically authorized and coordinated with the City of Pueblo's designated Project Representative. PERMITTING FOR PROJECT DEVELOPMENT ACTIVITIES Wilson & Company will obtain Permissions to Enter Property from landowners that will allow consultant staff, client staff, their contractors and agents to enter properties in the area of proposed project for the purposes of conducting surveys, real estate appraisal inspections and any other identified project development activity. PUBLIC INVOLVEMENT PROGRAM/PROJECT SUPPORT Wilson & Company will conduct or assist in conducting meetings with property owners for the purpose of explaining both acquisition and relocation assistance programs as required. Wilson & Company also has available professional public involvement staff to assist the City with any public relations or involvement program that may be required as requested by the City's Project Representative. LAND TITLE INFORMATION AND RESEARCH Wilson & Company will utilize photo overlay maps prepared by the U.S. Army Corps of Engineers to determine parcel ownership for the purposes of early project permitting and ordering title commitments on behalf of the City. Title commitments will be obtained and reviewed by Wilson & Company and will be utilized in preparation of Right of Way plans and legal descriptions. Title commitments will be paid by Wilson and included on the monthly Wilson invoice. SURVEY Wilson & Co. will recover, confirm, and densify the existing control survey. Public and private property will be identified from the Corps of Engineers' maps, County Assessor's maps and other records. Subdivided land will be identified and copies of subdivision plats, deeds, surveys, etc. in the project area will be obtained. Wilson & Co. will conduct a field search for block corner monuments, section corners, property pins, and other boundary evidence. (The City of Pueblo surveyors have surveyed some property pins in the area between Prairie Ave. and I -25 and will provide Wilson & Co. with that data). Property boundary evidence and section corners, etc. will be located with a field survey. If location of the river thread is necessitated by property descriptions, Wilson & Co. will perform the required survey. Rehabilitation of sub - standard section corner monuments and preparation of updated monument records will be accomplished according to State statutes. Staking for temporary access to construction areas and contractor staging areas can be performed if requested. Construction staking and construction management services are available from Wilson & Co. if needed. RIGHT OF WAY PLANS AND LEGAL DESCRIPTIONS Right of Way plans and legal descriptions will be prepared in accordance with client's specifications and in compliance with standards set by State statutes. Right of way plans are required for the appraisal and appraisal review phase, as well as for the acquisition phase. Plans and legal descriptions will be prepared under the supervision of a Wilson surveyor licensed by the State of Colorado. Right of Way plan and legal description revisions due to appraisal and negotiation changes or design changes will be billed at the agreed rates. RIGHT OF WAY MONUMENTATION AND PLAN DEPOSIT Wilson & Co. will monument the right of way according to State statutes and prepare a record plan set signed and sealed by a licensed surveyor. The record plan set will be deposited in the Pueblo County Clerk and Recorder's office. Fa ENVIRONMENTAL SITE ASSESSMENTS FOR PROPERTY ACQUISITION If requested Wilson & Company will secure the required initial site assessment documentation for the purpose of providing information to appraisers for their valuation of the property being acquired. If the initial assessment indicates a need for further testing to investigate and characterize the site being acquired, Wilson & Company will secure those services as directed by the City project representative. APPRAISAL SERVICES Wilson & Company will on behalf of the City, and in consultation with the City, secure and coordinate appraisal services required by the Uniform Act. The properties must be appraised before beginning negotiations to acquire. In addition, the appraisals will be reviewed and approved in accordance with the Uniform Act regulations (49 CFR, Part 24, Subpart B). The amount of the approved appraisal will be the basis for the offer of just compensation. In the case of low -value, non - complex acquisitions, the regulations provide procedures for an appraisal waiver. This appraisal waiver will be used as applicable and as approved by the City's project representative. Appraisal Wilson & Company may, if requested, hire on behalf of the City a Colorado licensed appraiser to perform market value appraisal reports for all assigned parcels. In the event that eminent domain activities are required this appraiser will be required to provide expert testimony for the City of Pueblo. All property will be appraised in accordance with the Uniform Standards of Professional Appraisal Practice. Appraisal Review Wilson & Company may, if requested, hire on behalf of the City a Colorado licensed review appraiser for required services to review and evaluate City and property owner appraisals in order to determine their soundness and accuracy as well as their compliance with the Uniform Standards of Professional Appraisal Practice. The Reviewing Appraiser will prepare a written report documenting his review determining fair market value for each parcel assigned. This appraisal review when approved by the City is the basis of just compensation, which will be used in negotiations with property owners. ACQUISITION SERVICES 1. Preliminary Review / Property Owner Appraisal The following is a Colorado statutory requirement that Wilson & Company will perform. In those instances when a parcel has an estimated value of $5,000 or more, the property owner will be advised (by letter) of their right to obtain an appraisal under the provisions of CRS 1973, 38 -1 -121, which will be paid for by the City of Pueblo. A property owner authorization letter and a checklist for the owner to give his appraiser will be prepared by Wilson & Company for approval by the City of Pueblo prior to mailing along with a copy of the right of way plans, legal description and a W -9 form. All owner appraisals received, (2 copies required), will be forwarded to the Review Appraiser to complete his review. The billing received for the owner appraisals will be held until the reviewer indicates the report is acceptable for payment. At this time Wilson will submit the billing to the City for direct payment to the Owner's appraiser. Note: Statutory provisions require that the appraisal be received within 90 days of the notice letter to qualify for payment by City of Pueblo. Upon receipt of the reviewed and approved fair market value offer, the parcel will be released to Wilson & Company for initiation of negotiations. Prior to contacting the owner to make the offer, Wilson & Company will thoroughly review all project related data furnished by the City of Pueblo along with, preliminary design plans (as available), title commitment requirements, appraisal report(s) and all available City of Pueblo acquisition forms and brochures. The owner or the owner's designated representative will be contacted to arrange a time to meet to present and review the offer. If the owner has a representative, such as an attorney, Wilson & Company will be required to obtain a letter of representation for the parcel file, prior to making the offer. 2. Negotiations The fair market value established by the appraisal process and approved by the City of Pueblo will serve as the basis for the written offer of just compensation to the property owner. The written offer to the property owner will include the following: ■ A written explanation of the basis for the offer and the amount of the offer, including the amount of damages to the remainder (if applicable). ■ A description and location of the real property and the interest to be acquired. ■ An identification of buildings, structures or improvements being acquired, or omitted from the offer if they are being acquired from the tenant. If there are tenant owned improvements a separate negotiation will be required and appropriate releases will be obtained from the parties. n ■ A right of way acquisition brochure and plat map of the parcel. Wilson & Company will fully explain the acquisition process, the project's affect on the parcel and will respond to any other concerns the owner may have concerning the acquisition process and the Project. If during the negotiation process the owner provides a counteroffer, the information will be reviewed by Wilson & Company and forwarded along with an analysis and recommendation to the City of Pueblo. In addition, if Wilson & Company observes any activities on the parcel that may indicate the presence of hazardous or toxic materials that may not have been previously identified and characterized, the City of Pueblo will be immediately notified. 3. Closings Upon the owner's acceptance of the offer, a Memorandum of Agreement will be prepared and submitted to the owner(s) for signature. The settlement package will be reviewed and submitted by Wilson & Company to the City of Pueblo for approval. The City of Pueblo will order the funds for closing and deliver it to Wilson & Company to coordinate closing with the assigned title company. As directed by the City a "Tax Proration Request" will be obtained by Wilson & Company from Pueblo County. Upon receipt of the completed proration, Wilson & Company will deliver a copy of the same to the assigned title company. Wilson & Company will be required to coordinate closings with the assigned title company, in order to assure that all taxes and assessments are paid, and that all required documents including lien releases are executed, recorded and returned to file. Upon completion of closing, a complete file containing the original documents for each parcel will be provided to the City of Pueblo. The files will include as a minimum, the following items: ■ All appraisals, value findings and Fair Market Value determinations. ■ All negotiation contacts documented on a Parcel Negotiation Record and Negotiator's Certificate. ■ All letters, memos, and other documents relating to the acquisition of the specific parcels. ■ The Memorandum of Ownership or title commitment and/or title policy as required by the City of Pueblo. ■ Executed and recorded deeds and releases (originals for for City of Pueblo). Throughout the entire negotiation process, Wilson & Company will remain in contact with the 5 property owner in order to be responsive to questions and/or concerns they may have regarding the proposed acquisition. All questions or concerns will be promptly reviewed with City of Pueblo and the property owner promptly notified of the City's response. 4. Condemnation In those cases where negotiations with a property owner are not successful, a final written offer will be delivered to the property owner advising the owner of the offer and a notice of fifteen (15) days to accept. If the owner refuses to accept the offer, a condemnation package (including Negotiator's log, update of title and other related negotiation information) will be prepared and submitted to the City of Pueblo. Throughout the condemnation process, Wilson & Company will be available to assist in all aspects of the condemnation proceeding, including settlement conferences, coordination with appraisers, review of negotiations as well as testifying as to negotiations and other matters. RELOCATION ASSISTANCE, ADVISORY SERVICES AND PAYMENTS DETERMINATIONS Although no relocation assistance is anticipated Wilson and Company will review the plans and the property on -site as the project progresses. In the event that relocation assistance is required such as moving personal property or other eligible entitlements, Wilson and Company will immediately advise the City's Project Representative to coordinate and perform the required action consistent with the federal rules and regulations. PROPERTY MANAGEMENT Wilson & Company may assist the City of Pueblo in providing the following extended acquisition/property management activities: • Collection of rentals and property management on a short-term basis for those properties that may be leased by the City of Pueblo. • Securing of properties after being vacated to prevent vandalism and hazardous conditions. • Preparation of information for the disposal of improvements and clearance of sites in accordance with the City of Pueblo's policies. RECORDS MANAGEMENT 0 As previously explained in the section describing Negotiations, a complete file will be maintained for each parcel to be acquired. At a minimum, the files will contain: the appraisal; appraisal review; offer letter; relocation entitlement computations (if applicable); closing documents; typed logs of all contacts with owners /displacees; and all related correspondence regarding the parcel being acquired. Completed files will be thoroughly reviewed to determine that all documentation is proper and to demonstrate compliance with the City of Pueblo's requirements. All files and records will be maintained in a secure location and will be available for inspection by representatives of the City of Pueblo. If deficiencies are found or the need for additional information requested, such request will be promptly addressed. PROJECT MANAGEMENT 1. Oversight Activities Al Pavol, Right of Way Project Manager will be responsible for the coordination of all activities with the City of Pueblo including attendance at project review meetings and oversight of project field activities, status reports of activities and schedule updates. 2. Quality Assurance Program/ Administrative Support Wilson & Company will provide the City of Pueblo with a Quality Assurance Program to perform periodic reviews of all work effort provided on a specific parcel. Files will be reviewed (both completed and those with ongoing activities) to insure the thoroughness of all services being provided. In addition, a monthly review of all activities will be conducted with Wilson & Company and staff to insure the status of all activities needed to complete the project in a timely manner. Invoicing will be monthly and will include appropriate back up documentation to support amounts invoiced. PROJECT SCHEDULE: Project activities will be initiated upon notice to proceed from the City of Pueblo. The project activities are expected to continue through vesting of title for all required property rights as well as filing of right of way plans and field monumentation of final right of way acquired. CITY OF PUEBLO 7 Scott Hobson, Senior Land Use Planner will be the City of Pueblo's Project Representative on this project. Scott's communication numbers are as follows: Office :(719) 583 -4486 FAX : (719) 543 -0572 e -mail : shobson@ci.pueblo.co.us Scott will handle all of the City of Pueblo's day -to -day acquisition activities coordination between Wilson & Company and City of Pueblo. A team approach will be emphasized throughout this project in order to deliver a quality product. An initial Project Kick -off Meeting with all team members will be scheduled upon approval of the contract. WIILSON & COMPANY Al Pavol, Right of Way Project Manager is Wilson & Company's contact person for the acquisition, survey, public involvement and associated services on this project. Al's communication numbers are as follows: Office :(719) 520 -5800 FAX :(719) 520 -0108 Cell :(719) 351 -4904 e -mail : al.pavol&co.wilson.com 8 Page 1 of 3 SCHEDULE 2 Project Number X2 -3108 Client City of Pueblo Project Name Arkansas River Fisheries Restoration Project Finn Name Wilson & Company Name of Preparer Charles R. Gustafson, PE Scope of Work Date April 29, 2002 Type of Proposal: SPECIFIC RATE OF PAY SPECIFIC LABOR RATES Employee Employee Specific Name Classification Rate Principals Branfort, Ryan* Dick, Stephen M. Drake, Ron* Gustafson, Charles R. Hancock, Kenneth H' Perkins, Scott F. ' Watt, Steven D. Senior Professionals Brady, James A. Droge, Stephen C. Ebwhart, Douglas P. Ross, Jim* Schoifteld, Mark M. Professionals Alexander, Wade' Baturevich, Reeda D. Budke, Dan* Cheslock, Leonard Dunkle, Wayne C. Everitt, Cheryl A. Gay, Pamela S. Gilbert, Jim* Gould, Stanley E. Harrell, John N.* Jordan, Robert C. Lee, Rebecca* Markar, Freij Meier, Derck* Pavol, Jr., Albert J. Piel, Ava A. Royko, Troy* Rugg, Timothy J. Rodriquez, Jose* Sanders, Jr., James W. Schmeideler, John* Sheets, Benjamin E. Offilmr) Principal $129.22 Principal $134.11 Partner $178.59 Principal $150.25 Principal $151.75 Principal $147.25 Partner $178.59 Senior Engineer $130.72 Right of Way Manager $120.20 Senior Planner $123.96 Controller $130.72 Senior Engineer $165.28 Photogrammetrist $65.36 Engineer $69.12 Photogrammetrist $65.36 Sr. Traffic Eng $110.81 Engineer $100.67 Public Relations $82.64 Accountant $71.37 Accountant $90.75 Architect $66.86 Elec. Engineer $102.17 Engineer $87.15 Engineer $94.66 Engineer $108.18 Engineer $79.63 Right of Way Manager $105.18 Engineer $93.91 Photogrammetrist $56.34 Architect $93.16 Engineer $77.38 Engineer $95.80 Photogrammetrist $59.74 Engineer $81.14 Page 1 of 3 Slocum, Troy D. Smith, Garold David Switzer, Jennifer Tumquist, Gary R. Van Etten, Tan Weir, David B. White, Jerry H. Williams, Frederick L. Junior Professionals Babe, Jessica' Berg, Marylou E. Cordova, Edward Denney Gunn, Lynda T. Gannavaram, Shashi K* Garcia, Savina* Gillen, Brenda Kay Kochis, Marcus A. McGrew, Shannon Layne Proper, Samifja D. Desianers/Technicians Beasley, Earl W. Binder, Shane Isaac Boyd, Michael A. Burch, Max* Bums, Ken B. Deswik, Cynthia Jean Dummett, Dough V. Ehlers, Thomas* Finley, Jennifer A. Gillen, Michael L. Green, Jeremy P. Hubert, Raymond N. McClintock, Denny* Pendergraft, W. Kevin Seip, Charles H. Singso n, Romeo P. Sloane, John Administrative Grosser, Susan* Reed, Peggy S. Hurst, Leonda ConshmctionfField Survey Burdette, Perry* Cyphers, Eric* Compton, Mike R. Dockins, Eric* Fercking, Toby G. Gilmore, Garrett* Murray, David T. Bouchard, Micheal L_ Pachak, Walter Engineer $79.63 Environmental Plnr $69.87 Environmental Plnr $79.63 Engineer $91.65 Engineer $85.64 Engineer $108.93 Architect $69.12 Engineer $79.63 Environmental $37.56 Public Relations $61.60 Engineer $64.61 Architect $65.36 Engineer $63.86 Engineer $59.35 Public Relations $48.08 Engineer $62.35 Admin. Assist. $54.09 Public Relations $49.58 Network Adminstrator $79.63 Intern $42.07 Technician $70.62 Technician $97.66 Technician $54.84 Technician $65.36 Designer $69.87 Technician $49.22 Technician $59.35 Technician $57.85 Intern $34.56 Technician $60.10 Technician $40.57 Technician $63.86 Technician $102.92 Technician $47.33 Network Administrator $46.58 Admin. Assist. $45.08 Admin. Assist. $36.81 Admin. Assist. $42.82 Surveyor $40.57 Surveyor $61.24 Surveyor $71.37 Surveyor $42.82 Surveyor $45.08 Surveyor $34.71 Const. Insp. $121.70 Surveyor $105.18 Surveyor $105.18 Page 2 of 3 Parker, Steven D. Rahorst, William` Roberts, Steve Rubash, Caleb* Schwarz, Robert E. Sellers, Jerry Smith, Robin L. Sykes, James' Thompson, Gregory' Tjerandsen, Theodore S. Vaughn, Christopher R. Surveyor $64.61 Surveyor $44.17 Surveyor $76.87 Surveyor $28.55 Surveyor $42.82 Surveyor $43.21 Const. insp. $54.09 Surveyor $44.26 Surveyor $67.61 Const. Insp. $97.66 Const. Insp. $44.32 Page 3 of 3 Item SCHEDULE2 Project Number X2310-008 Location Arkansas River Fisheries Habitat Restoration Project Firm Name Wilson & Company Name of Preparer Steve Droge Phone no. (719) 5205800 Scope of Work Date April 29, 2002 Type of Proposal: SPECIFIC RATE OF PAY Contract time: OTHER DIRECT COSTS (IN- HOUSE) Item Quantity Unit Unit Rate M111atiad Cost Blueline prints square foot $0.12 Sepia prints square foot $0.70 Aerial contact prints (21 up) each $3.00 Aerial diapositives (1 -5) each $12.00 Aerial diapositives (11 -20) each $9.00 Aerial diapositives (21 up) each $8.00 Photo enlargement - paper square foot $5.50 Photo enlargement 42x48min linear foot $17.00 Photo reproducible 24X36 each $45.00 Photo reproducible 30x42 Total each $65.00 Small format 8 12x11 copies each $0.10 Small format 812x14 copies each $0.15 Small format 11x17 copies each $020 Small format 8 1/2x11 color laser each $0.45 Large format 24x24 copies linear foot $2.00 Large format 36x24 copies linear That $3.00 Color copy 8 12 x 11 each $1.00 Color copy 11 x 17 each $2.00 Paper media 24x36 plots each $8.00 Plastic media 2436 plots each $16.00 Paper media 24x42 plots linear foot $2.70 Plastic media 24x42 plots linear foot $5.40 Paper media 36x42 plots linear foot $4.00 Plastic media 36x42 plots ling foot $8.00 Paper media 24x24 color linear foot $12.00 Paper media 36x24 color ling foot $18.00 Compact disks each $10.00 Zip disks each $25.00 Jaz disks each $125.00 High res scan 10x10 B&W each $35.00 High res scan 10x10 Color each $45.00 Item Quantity Unit Unit Rate Estimated Cost CADD equipment hour $16.00 Survey Mule ATV Daily $75.00 Field equipment dollar cost $1.00 GPS Equipment hour $27.00 Total station hour $16.00 Use of vehicles mile $0.50 Use of survey vehicles mile $0.65 Phone charges - kmg distance dollar cost $1.00 Fax copies page $1.50 Total Pagel OF 2 SCHEDULE2 Project Number X23104= Location Arkansas River Fisheries Habitat Restoration Project Firm Name Wilson & Company 2B, OTHER DIRECT COSTS (OUTSIDE VENDORS) Rom Q, a ,we y Unit Unit Estimonted Rata Cost Postage/Freight @Invoice Cost Federal Express @Invoice Cost Production Printing @Invoice Cost Environmental Assessment & Testing @Invoice Cost Real Estate Appraisal 0 Cost Real Estate Appraisal Review @Invoice Cost Pothole Utilities @Invoice Cost Title search, Commitments, Insurance @Invoice Cost Miscellaneous Costs @Invoice Cost Total 3A. OUTSIDE SERVICE RATES Firm -7 3B, OUTSIDE SERVICE CHARGES Fib Estimated Costs Total Outside Services TOTAL ESTIMATED COST (Sum of 1B, 2A, 2B, 3B) I declare that to the best or my knowledge the statements made on this document are true and complete and that the wage rates and other proposed costs on this contract are accurate and complete and ktclude no unallowable or duplicate costs, and th*tj am a dtoauthor¢ed represerft" Odw firm of Wilson & Company CWrles R. Gustafson, PE Principal, Colorado Springs Opera - ns Manager #REFI Paget OF 2