CITY OF WEST BEND

Quote: Q15-02 Trenton Road Bridge and CTH G Sidewalk Property Acquisitions

(Trenton Road Bridge Utility and Street Improvements and CTH G Sidewalk Extension)

A. INTRODUCTION The City of West Bend is interested in obtaining the services of a Real Estate Consulting/Appraisal Firm to provide real estate appraisal services and negotiation in conjunction with the acquisition of easements and real property to facilitate the construction of the Trenton Road Bridge Municipal Utility/Street Extension project and the CTH G Sidewalk Extension project within the City of West Bend, Washington County, Wisconsin. Interested parties are encouraged to provide a proposal for either property negotiation or appraisal services or a combination bid for both property negotiation and appraisal services (Complete Bid Proposal – Page 6). Proposals due January 30, 2015 by 1:00 p.m. The City of West Bend will select the bid(s) that is/are most advantageous to the City, considering the costs of services, timeline for performance and work scope.

B. REAL ESTATE CONSULTANT/APPRAISAL ELIGIBILITY REQUIREMENTS

To be considered for the project, the firm or individual must have a minimum of five (5) years of experience in appraisal and/or negotiation work.

C. SCOPE OF SERVICES AND SPECIAL PROVISIONS 1. The Consultant/Appraiser agrees to provide reports and supporting documents,

appraisals, negotiation and acquisition services to the City in conformance with Wisconsin State Statutes of Eminent Domain, other appropriate state and federal laws, policies and guidelines where applicable.

2. The Consultant/Appraiser represents that they are qualified and able to perform the services required.

3. A total of 15 parcels are involved with both construction project(s) as enumerated upon

the accompanying spreadsheet and project location map. 4. Bids shall be valid for a period of 60 calendar days after submission.

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D. CITY OF WEST BEND RESPONSIBILITIES

1. The City of West Bend shall delineate the taking area by field survey prior to requiring

Consultant/Appraiser to commence negotiations.

2. The City Engineer and/or Attorney shall meet with the Consultant/Appraiser, on an as needed basis, to review file material pertinent to the acquisition process.

3. The City of West Bend shall provide the Consultant/Appraiser with the following:

Construction plans, profiles and cross-sections, as available Legal descriptions for all easements and ROWs to be acquired

4. The City of West Bend shall record all acquisition documents and shall assist with the

various activities required, when need is identified.

E. CONSULTANT/APPRAISER RESPONSIBILITIES 1. Provide the title report. 2. Provide substantiation for work efforts to be reviewed by the City of West Bend. 3. There are no relocations involved with this project. 4. Provide to the City of West Bend the names and resumes of the appraiser and

negotiator. 5. The principal contact(s), the appraiser and negotiator shall meet with the City of West

Bend personnel before any work can commence. 6. Provide all necessary forms as outlined in the LPA Manual for all aspects of appraisals

and negotiations, as applicable. 7. The appraiser for each parcel shall be a certified general appraiser by the State of

Wisconsin. The appraiser’s certification and experience shall be related to the specific property type of each parcel.

8. The Short Form appraisal process may be used for the flowage easements, permanent,

temporary limited easements and the restrictive development easement to be procured. 9. The Long Form appraisal documents, including narratives, shall be used as provided

by the City for both fee simple and ROW acquisitions. 10. The Consultant will send out the “Offering Price Letter” and copy the City of West

Bend.

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11. The Consultant is responsible for Partial Release forms. 12. Within twenty (20) working days of the receipt of the Notice to Proceed, the Consultant

shall have contacted all parcel owners, as described within the attachment. In addition:

a. The Consultant shall perform assigned field activities in a professional manner. b. The Consultant shall maintain detailed negotiation diaries. c. The Consultant shall proceed with basic negotiation steps as required by state and

federal regulations.

13. The Consultant shall submit a copy of property owners’ appraisals to the City with the Consultant’s reviews and recommendations. An invoice and recommendation for payment or non-payment of the owners’ appraisal fee shall be submitted to the City for consideration.

14. For the property owner to be eligible for appraisal and payment, the appraisal must be delivered to the Consultant or the City within the constraints set forth in Wisconsin State Statutes.

15. When the revised Offers appear warranted, submit to the City for review. When an

increase in the approved Offer (based on justification) is proposed, the Consultant shall present to the Owner the approved Settlement or revised Offer in writing. Follow normal negotiation procedures as outlined in Wisconsin State Statutes.

16. If a voluntary settlement cannot be reached, the Consultant shall prepared documents

for acquisition under Wisconsin Statutes of Eminent Domain, which shall include the drafting of related documents (i.e., Jurisdictional Offer, Lis Pendens, Award of Damages, etc.).

17. The Consultant shall update title reports for each parcel, prior to the closing of each

parcel. 18. The Consultant shall assume responsibility for the final disposition of the acquisition

including negotiation notes, required memos, letters, vouchers, payment, all closing or condemnation actions required and shall deliver the acquisition documents to the City of West Bend.

F. PROJECT SCHEDULE

1. Consultants shall submit their proposals by January 30, 2015.

2. Consultant selection is intended to be completed and the contract awarded by February

16, 2015.

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3. Property appraisals to be completed within 90 calendar days after award and execution of Service Agreement.

4. Property negotiations will commence upon receiving the appraisals and Council

approval to proceed. Work efforts are to be concluded within 120 calendar days thereafter.

G. CONTRACT The firm(s) that is/are awarded this contract shall be required to enter into a standard City of West Bend Contract for Professional Services. The selected Consultant/Appraiser will be required to provide indemnification to the City of West Bend and provide the following types of insurance, with form subject to the Engineering Department’s approval: Worker’s Compensation

Bodily Injury, Death and Property Liability

Professional Liability

H. SUBMISSION OF BID

Two (2) copies must be submitted in a sealed envelope by 1:00 p.m. on Friday, January 30, 2015 to the attention of: City of West Bend Office of the City Clerk 1115 S. Main Street West Bend, WI 53095 The bid envelope shall be marked “Bid for Right-of-Way Acquisition – Trenton Road Project.” The Consultant’s/Appraiser’s name should be clearly marked on the envelope. Proposals that are received after the above date and time will be rejected.

I. BID CONTENTS Each bid shall contain: Bid – The bid documents contained within these documents completed in full.

References

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J. QUESTIONS Should you have any questions regarding this Request for Bids, please contact Craig J. Kunkel, P.E., at the City of West Bend Engineering Division, 262-335-5130 or direct line at 262-384-4406.

K. GENERAL CONSIDERATIONS The City of West Bend shall have the right of cancellation under the terms of this agreement in the event that the progress or quality of the Consultant’s/Appraiser’s work is unsatisfactory, or in the event of changes in the City of West Bend plans which negate the necessity for such negotiations, by giving notice by mail to the Consultant/Appraiser, and shall be liable for payment for work completed only to the date of the receipt of such notice by the Consultant/Appraiser. The Consultant/Appraiser certifies that s/he has no direct or indirect, present or contemplated personal interest in the parcel assigned and that s/he will not in any way derive benefit from the acquisitions of such properties. The Consultant/Appraiser agrees that it is an independent Contractor with respect to the services provided pursuant to this Agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties.

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BID DOCUMENTS

City of West Bend

Quote Q15-02 Trenton Road Bridge and CTH G Sidewalk Property Acquisitions

(Trenton Road Bridge Utility and Street Improvements and CTH G Sidewalk Extension)

Name: _________________________________________________

Contact: _______________________________________________

Phone Number: _________________________________________

Appraisals, Negotiations and Acquisition Services

Parcel Owner Rights to be Acquired Negotiation Fee

Appraisal Fee

01/02 Zimdars Living Trust Fee Simple Title – ROW Flowage Easement Permanent and Temporary Easement(s) and

14 Wiedmeyer Family Trust Fee Simple Title – ROW Permanent and Temporary Easement(s) Restrictive Development Easement

3-13 Various Owners Flowage Easements

17 Woody’s West Side LLC Fee Simple Title - ROW

Totals

Service Cost Appraisals, Negotiations and Acquisition Services $

Please include a separate page with billing rates for employees who may provide services beyond the scope of this proposal.

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CITY OF WEST BEND - Engineering Division - October 2014

Trenton Road and Bridge - Land acquisition map

AERIAL PHOTO: 2013

Flowage easement needed properties 01 through 13

Restricitve development easement also needed on property 14

PLE AND TLE needed properties 01, 14, 15 and 16

Right-of-way needed properties 01 and 14

TRENTON ROAD AND BRIDGE PROJECTList of properties on resolution No. 15 of the City of West Bend 2014-2015 Common Council (Relocation Order for the Construction of Trenton Road and Bridge)Property information acquired/verified by the means of the Washington County database using their online interactive map tool: http://washingtoncowi.wgxtreme.com/

List of properties for which flowage easement are neededText in bold and red indicates a change from the original list established in th early 2000's

Tax Key # Property Address First Name Last Name Mailing Address City State Zip01 T11-0521 2086 Decorah Road Harold & Joanne Zimdars Living Trust 2086 Decorah Road West Bend WI 5309502 T11-0523-00B Vacant CTH "I" Harold & Joanne Zimdars Living Trust 2086 Decorah Road West Bend WI 5309503 1120-182-0002 1625 E. Washington Street Rivereast 814 W. Badger Lane West Bend WI 5309504 T11-0510-00B-0012367 STH 33 E Paul Ziegler REV LIV TRUST 2367 STH 33 E West Bend WI 5309505 T11-0510-00D-0012347 STH 33 E Bonnie K & Brian M Feltz 2347 STH 33 E West Bend WI 5309506 T11-0510-00U 6463 Scenic Drive E. Glen A Albers 6463 Scenic Drive E. West Bend WI 5309507 T11-0510-00Z Vacant Scenic Drive David Laufer 8319 Hilltop Lane Kewaskum WI 5304008 T11-0510-020 6343 Scenic Drive E. John E Bohn 6343 Scenic Drive E. West Bend WI 5309509 T11-0510-010 6326 Scenic Drive E. Joseph & Jeanne Bohn 6326 Scenic Drive E. West Bend WI 5309510 T11-0507-00Y Vacant Stockhausen Lane Vincent & Janet Stockhausen 5976 N Lake Drive West Bend WI 5309511 T11-0507-00L Vacant Stockhausen Lane Vincent Stockhausen Et Al 5976 N Lake Drive West Bend WI 5309512 CONDO906509 Includes 28 Units West Bend WI 5309513 CONDO912931 Includes 36 Units West Bend WI 53095

List of properties for which road right of way is neededTax Key # Property Address First Name Last Name Mailing Address City State Zip

01 T11-0521 2086 Decorah Road Harold & Joanne Zimdars Living Trust 2086 Decorah Road West Bend WI 5309514 T11-0497-00B County Hwy I Thomas G. Wiedmeyer Family Trust 5982 Cty Hwy G West Bend WI 53095

List of properties for which permanent AND temporary limited easements are neededTax Key # Property Address First Name Last Name Mailing Address City State Zip

01 T11-0521 2086 Decorah Road Harold & Joanne Zimdars Living Trust 2086 Decorah Road West Bend WI 5309514 T11-0497-00B County Hwy I Thomas G. Wiedmeyer Family Trust 5982 Cty Hwy G West Bend WI 5309515 1120-181-0220 S Trenton Road City of West Bend 1115 S. Main Street West Bend WI 5309516 1120-171-0001 E Washington Street City of West Bend 1115 S. Main Street West Bend WI 53095

List of properties for which restrictive development easement is neededTax Key # Property Address First Name Last Name Mailing Address City State Zip

14 T11-0497-00B County Hwy I Thomas G. Wiedmeyer Family Trust 5982 Cty Hwy G West Bend WI 53095

CTH "G" SIDEWALK - RELOCATION ORDER (2014) - EXHIBIT 1 PAGE 2 OF 4