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.
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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,
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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.
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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.
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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.
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■ 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
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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