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Home My WebLink About275829 BONNIE ROERIG & ASSOCIATES - PURCHASE ORDER - 9115305Fort Collins PURCHASE ORDER Date: 09/14/2011 Vendor: 275829 BONNIE ROERIG & ASSOCIATES 1873 S BELLAIRE ST #1222 DENVER Colorado 80222-4359 PO Number Page 9115305 1 of 6 This number must appear on all invoices, packing slips and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS Colorado 80524 Delivery Date: 09/13/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Appraisal Services 1 LOT LS Per WO#APR-02-2011 for Mason Corridor BRT Project. 15,800.00 In addition to the City of Fort Collins Standard Purchase Order Terms and Conditions, the following Federal clauses apply to this purchase order. 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent 'via • 01,01 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Title: ' _tl_y� R42Y__^� Date: 4t �� (11 CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE) Checklist Item Contract File Comments Location 7) Independent Cost Estimate The City made and documented an g� yaa 1 independent cost estimate before receipt of1t o 1( L , ,� g ro osals. 10) Unnecessary Experience and o Excessive Bonding N' Unnecessary experience and excessive bonding requirements were not included in this solicitation or contract documents. 11) Organizational Conflict of Interest (OCI) /Y1_0 If there is an apparent or potential OCI the solicitation contains provisions eliminate or mitigate the conflict (e.g. by inserting a clause that prohibits the contractor from competing for the follow-on contract to the current design or research contact) and OCI Certification is submitted by the contractor. 12) Arbitrary Action There was no arbitrary action in the procurement process. (An example of y"_Z) arbitrary action is when award is made to other than the contractor who most satisfied all the City requirements as specified in the solicitation and as evaluated by staff. 13) Brand Name Restrictions Brand Name or Equal. When it is impractical or uneconomical to provide a clear and accurate description of the technical requirements of the property to be acquired, a dV v "brand name or equal" description may be used to define the performance or other salient characteristics of a specific type of property. The City must identify the salient characteristics of the named brand that offerors must provide. When using a "brand t name" specification, the City does not need to reverse -engineer a complicated part to identify precise measurements or specifications in order to describe its salient characteristics. FT A's "Best Practices Procurement Manual," (BPPM) contains additional information on preparation of specifications including examples with specific language. 14) Geographic Preferences The solicitation contains no in -State or local geographic preference except where Federal statutes mandate or encourage them. 15) Contract Term Limitation The contract period of performance for rolling stock and replacement parts does not exceed Aa�� five (5) years inclusive of options without prior written FTA approval. For all other types of contracts, the procurement file contains evidence that the contract term is based on sound business judgment. 18) Award to Responsible Contractor The City made a determination that it was U awarding to a responsible contractor considering such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. 1. Appropriate Fin cal, equipment, facility i and personnel. N) 2. Ability to meet delivery schedule. a/ 1) 3. Satisfactory period of performance. 0) 4. Satisfactory record of integrity, ton declined or suspended listings /N) 5. Receipt mall necessary data from vendor. PUIN) i 19) Sound and Complete Agreement ��tC This contract is a sound and complete -'t- W agreement. In addition, it includes remedies j for breach of contract and provisions covering termination for cause and convenience. I 24) Clear, Accurate, and Complete Specification / A complete, adequate, and realistic specification or purchased description was available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to property res ond. 38) Sole Source if other Award is Infeasible The contract file contains documentation that award a contract was infeasible under small purchase procedures, sealed bids, or competitive proposals and at least one f% of the following circumstances applies: (1) The item was available only from a single I 77 D source. (Verify prices are no higher than price a✓� for such item by likely customers.) TVI 2) ublic exigency for the requirement did CP� permit a delay resulting from a competitive solicitation. (3) An emergency for the requirement did not permit a delay resulting from a competitive solicitation. (4) The FT A authorized noncompetitive negotiations. (5) Competition was determined inadequate after solicitation of a number of sources. 39) Cost Analysis Required Cost analysis and profit negations were performed (initial award and modifications) And documented for price reasonableness was established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or on the basis of prices set by law or regulation. 40) Evaluation of Options The option quantities or periods contained in the contractor's bid or offer were evaluated in order to determine contract award. (To be eligible for Federal funding, options must be evaluated as part of the price evaluation of offers, or must be treated as sole source awards. 42) Written Record of Procurement History ( n The file contains records detailing the history of this procurement. At a minimum, these records include: ----�� -T� Clbl � ?f� (1) the rationale for the method of procurement, r 4 (2) Selection of contract type, ,~ 'y' L . J (3) reasons for contractor selection or I rejection, and 4 the basis for the contract price. 43) Exercise of Options The grantee exercised an option on this I contract adhering to the terms and conditions of the option stated in the contract and determined that the option price was better than prices available in the market or that the option was a more advantageous offer at the time the option was exercised. If an option was not exercised under this contract, check NA. I 44) Out of Scope Changes The grantee amended this contract outside the scope of the original contract. The Q amendment was treated as a sole source procurement (complying with the FTA requirements for a justification, cost analysis and profit negotiation). 45) Advance Payment Provisions The contractor did not receive an advance payment utilizing FTA funds and the contract does not contain advance payment provisions or, if it did, prior written concurrence was I obtained from FTA. 46) Progress Payment Provisions ; \ The contract contains progress payments jI based on costs incurred (as opposed to percent of completion) and the contract contains a provision giving the grantee title to property (materials, work in progress, and finished goods) for which progress payments are made. The contract may contain other security in lieu of obtaining title. 47) Time and Materials Contracts This is a time and materials contract; the grantee determined that no other type of contract is suitable; and the contract specifies a ceiling rice. 48) Cost Plus Percentage of Cost This is not a cost plus a percentage of cost D type contract. 49) Liquidated Damages Provisions This contract contains liquidated damages n f provisions and the assessment for damages is specified in the contract at a specific rate per day for each day of overrun in contract time. 50) Piggybacking 1) The file contains: Assignability provisions. I 2) The procurement file contains: Price reasonableness determination. 56) Clauses This the FTA v contract contains appropriate t� I required clauses. Excluded Parties Search EPS run and include in the file. R FEDERALLY REQUIRED AND OTHER MODEL CLAUSES APPLICABILITY OF THIRD PARTY CONTRACT CLAUSES (excluding micro -purchases, except for construction contracts over $2,000) TYPE OF PROCUREMENT Clause Professional Operations/ Rolling Stock Construction Materials & Services/A& E Management Purchase Supplies No Federal Government Obligation To Third Parties / All All All All All b Use of a Disclaimer ✓ False Statements or Claims All All All All All Civil and Criminal Fraud Access To Third Party All All All All All Contract Records Changes to Federal All All All All All Requirements Termination All All All All All Civil Rights Title VI, EEO, ADA >$10,000 >$10,000 >$10,000 >$10,000 >$10,000 Disadvantaged Business All All All All All Enterprises DBEs Incorporation of FTA Terms All All All All All Suspension and Debarment >$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America >$100,000 >$100,000 >$100,000 Resolution of Disputes, >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Breaches, or Other Litigation Lobbying >$100,000 >$100,000 >$100,000 >$I00,000 >$100,000 Clean Air >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Water >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Caro Preference All All All Fly America Involves foreign Involves foreign air Involves foreign Involves foreign Involves foreign air transport or travel transport or travel air transport or air transport or transport or travel b air travel travel Davis -Bacon And Copeland Anti- >$2,000 (including Kickback Acts ferry vessels Contract Work Hours And Safety >$2,500 (except >$2,000 (including Standards Act transportation >$2,500 ferry vessels) services Bonding $100,000 Seismic Safety A & E for New Buildings & New Buildings & Additions Transit Employee Protective Transit Operations Agreements Charter Bus All School Bus All Drug Use - Testing and Alcohol Transit Operations Misuse - Testing Patent Rights and Rights in Data Research & and Copyright Requirements e Development Energy Conservation All All All All All Recycled Products Contracts for items Contracts for items Contracts for items designated by designated by designated by EPA, when EPA, when EPA, when procuring $10,000 procuring $10,000 procuring $10,000 or more er ear or more er ear or more per year Conformance With ITS National Architecture ITS Projects ITS Projects ITS Projects ITS Projects ITS Projects ADA Access A & E All All All All Bus Testing All Pre -Award And Post Delivery All Audits Page 1 of 1 Jim O'Neill From: Terry Tyrrell Sent: Friday, September 09, 2011 11:05 AM To: Jim O'Neill Cc: John Stephen; Helen Migchelbrink; Helen Matson; Erika Keeton; Sandy O'Brien; Terry Tyrrell Subject: MAX BRT - Bonnie Roerig and Associates Sole Source Work Attachments: Sole source JustificationBonnieRoerig 9-9-2011.pdf Jim, Attached to this email please find Helen Matson's Sole Source Justification (SSJ) for utilizing Bonnie Roerig and Associates (BRA) for the continuation of the real-estate appraisal services for the MAX BRT Project. Based on Helen's SSJ, it is in the best interest of the Project to move forward utilizing BRA's services to minimize both schedule, legal and financial impacts. We understand that there is some risk associated with Sole Sourcing work on Projects with Federal dollars however, in this instance we believe this is appropriate course of action. Should you have any questions regarding this request, please do not hesitate to contact me. Regards, Terry Tyrrell, PE Mason Corridor Consultant Project Manager 281 North College Avenue PO Box 580 Fort Collins, CO 80522-0580 Fort Collins: 970.672.6949 Denver: 303.229.9377 09/13/2011 OPERATIONS SERVICES City Of ESTATE SERVICES P.O. Box 580 Fort CollinsREAL o` Fort Collins, CO 80522!0580 - 970.416,2276 970.416,2209 - fax @Jcgov.com SOLE SOURCE JUSTIFICATION BONNIE ROERIG & ASSOCIATES September 8, 2011 Background In 2008, Real Estate Services first started working on the Mason Bus Rapid Transit Project ("Project"). We were asked to hire an appraiser and a review appraiser for the project. It was anticipated at that time, that all appraisals would be performed within one year. We hired Bonnie Roerig from Bonnie Roerig & Associates ("BRA") to be the appraiser for the Project. The City has had BRA on their Work Order Contract for many years. BRA has had over 20 years of experience in appraising for federally -funded projects. In addition, she has been on the approved appraiser list of the Colorado Department of Transportation ("CDOT") for 30 years. In the Real Estate Acquisition Management Plan ("RAMP") for this Project, BRA is noted as the appraiser of the project with her qualifications and experience included. The FTA approved our RAMP that shows BRA as the appraiser. The first assignment of this Project was to perform the property research of sales data over the entire five (5) mile corridor and to appraise the Railroad's interest. This initial research has been used for all of the appraisals that were completed prior to early 2011. Since the early research was completed in 2008, BRA did an update study earlier this year to adjust her values over the corridor as was appropriate. These values will be used to complete the appraisals needed for the remainder of the Project. Current Situation There are numerous implications if we are required to go out to bid for an appraiser for the remainder of the project. I have broken those out as: 1) time costs to the project; 2) money costs to the project; and, 3) other issues. Time costs to the Project: • Bid process — Time is needed to prepare the Request for Proposals ("RFP"), allow proposers time to review RFP and prepare bid, review of proposals, interview of proposals, and getting all necessary contract documents approved and executed. We estimate this process would take about 8 weeks. • Getting started — the successful appraiser will need at least 6 weeks to familiarize themselves with the project and to complete the comparable sales data research over the entire corridor. Money costs to the Project: • Lack of efficiency in having a new appraiser duplicate work that has already been completed by BRA. • At this point of the project, BRA has a good understanding of the project and the impacts to the property owners which results in time savings for preparing the appraisals, which will provide a cost savings for the last appraisals. Eminent Domain Court The City needs to keep an on -going contract with BRA to appear in eminent domain court, if needed. The City will need to work with BRA for any of our eminent domain actions in pre-trial activities and testimony. BRA will need to defend their appraisal on the witness stand and to City of Fort Collins testify about the opposing appraisal. BRA has extensive experience testifying in eminent domain court actions. Other Impacts • This Project has had numerous delays and it would be very difficult for the project to have another delay of approximately 14 weeks. For these reasons, it is our opinion that authorizing a sole source justification to use BRA as the appraiser is in the best interests of this Project. Helen Matson, Real Estate Services Manager Grt e1 _Fort Collins Independent Cost Estimate Dale of Estimate: 16-Aug-11 Contract Type'. Existing Contract or PO (Y/N): NO. Professional Services - Description of Goods (A) or Services (B)', Appraising I have obtained the following estimate from; Published Price List 1 Past Pricing (dale) Engineering or Technical Estimate 1perlormed by) Independent Third Party Estimate (performed by) Other lspeofy) Previous Phase work order / proposal. Cost Estimate Details: (Estimate calculated in US Dollars) Source Cost of Services, Repairs, or Non -Standard Items Item/Task ion Other Direct Costs Labor Rate (S) Labor Hours Labor Class Allocated Overhead SGSA' Profit TOTAL 2) b 1400e00 b 3.000.00 S ffl(�S Total 8 17 000.00 I'Se4ry Gnrt�alaN PaMMealirF Eayensea Signature of Preparers_ Independent Cost Estimate Prepared By: Patrick Rowe Date: 08-16-11 Project: Mason Corridor - BRT Work Order Number: APR-02-2011 RE: Phase IV Appraisals Scope of Services: Provide appraisal services in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP), the Uniform Act, and relevant Federal Transit Administration guidelines for project acquisitions over the following parcels: #5 — LN Real Estate #18 — Wetzler (prior report completed — new report to reflect new legal) #19 — Salvation Army (prior report completed — new report to reflect new legal) #21 — Corbyn #26 — Hickey #27 — Mason Street Property #28 — Bowl Fort Collins Based on prior work performed on earlier phases and past experience, I estimate the new appraisals to cost on average $2,800 per appraisal report, and $1,500 for the new - revised appraisals (#18 and #19). This indicates a total estimated cost of $17,000. Fort Collins PURCHASE ORDER PO Number Page 9115305 2 of 6 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. FTA does not require the inclusion of these requirements in subcontracts. 4. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. TERMINATION a. Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract closeout costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page C117/ Of115305 3 of 6 ' `t CollinsI This number must appear ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price manner the City directs. b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 30 days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to The City' s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page Clty. Of 9115305 a of s ' `this number must appear ` Collins1 1 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 7.6 %. A separate contract goal [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph ( see 49 CFR 26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor' s receipt of payment for that work from the City of Fort Collins . In addition, is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor s work by the City of Fort Collins and contractor s receipt of the partial retainage payment related to the subcontractor' s work. d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9115305 5of6 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By accepting this purchase order, the vendor or contractor certifies as follows The certification in this clause is a material representation of fact relied upon by the City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Fort Collins, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. V City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total $15,800.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 6 of 6 1. COMMERCIAL DETAILS. Tax exemptions. By su mte the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Cenificatc of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamtes 1973. Chapter 39-26. 114 (a). exercise any rights or mmcdics provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any ofin rights or remedies as to any such goods, regardless instructions from the City effort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in mspinew to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understomd that FINAL Seller and the Purchaser mcognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fan home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or heirealler Freight Terms. Shipments most be F.O.R. City of Fort Collins. 700 Wood St., Fart Collins, CO 80522, unless acquired under federal or state antirmst laws for Such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. What manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Scllcr shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and tales of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assrned or established violation of any such laws, regulations, ordinances, mlcs and requirements. Authorization. All parties to this eontmn agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expmmly limits acceptance to the terms and conditions stated herein act forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No aces of the Purchasers including, without limitation, acceptance ofpartial lam deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order clwwhem and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond in reasonable control and without its fault of negligence. such acts ofGod, acts ofcivil or military authorities, governmental priorities, fires, strikes, Flood, epidemics, wars or riots pmvided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and eompnence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless tram any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seiler shall replace, repair ar make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not an Inc unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawing, by verbal or written change order. If any such change effects the amount due or the time of performance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped. subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be mode in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller exarmm s that all goods sold hereunder shall have barn produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as maybe required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless from all cases and damages suffered by the Purchaser as a result of the Sellers failure to comply with such low. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seiler ..am full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in performance of this agreement, free and clear of any and all liens, mstrictions, reservations, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, offerers and employees of such party. The Settees contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser form any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be consumed under and governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services ofScllcrs RcImscmative(s), on the premises ofothcrs. 17, SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Settees own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible themfor as though such materials and/or equipment were being famished by the Scllcr under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment ofwakers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comptehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of car least S304000 for any one person. S500,000 for any one accident and property damage limit per accident of $400.000. The Seller shall likewise require his contractors, if any, to pmvidc for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the pmmises oferhers, the S<Iler shall furnish the Purchase with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumnce have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any err all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any net, action, neglect, omission or default on the pan of the Seller, any of his contrams. or any of the Sellers or contractors offerers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its offices, agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the some at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser. or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fumish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and mgulations issued pursuant thereto. Revised 03/2010 �ndis EXHIBIT "B" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWSEN THE CITY OF FORT COLLINS AND Bonnie Roerig & Associates . DATED: March 1, 1004 Work Order Number: APR-02-2011 Purchase order Numbers < 1,0 57 Project Title: ldasen CarddadWXBRT commencement Date: Apri104,2011 Completion Date: Allchftmmple�liylum10,2011. Fwal appraisals m How City end lrpvlaw apprairera pwliminuy ravtew. Maximum pee (time and reimbursable direct coats): $15.800.00 Project Description: Appmimloflhepmpanyintuesrsidretiliedin Pbaaew(7pwObleme otts;smattached spreadaheeland fesbreakdown). Scope of sarvieea: Provideeppraisat services in accardance with Uniform Etandarda ofFrofusional ApprabdProoticc (UEPAP) the Uniform Act, and relevant Federal Tnnslt Administration guidelines. service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event ok a conflict between or ambiguity in the terms of the Services Agreement and this work order (including the attached formal the Services Agreement shall control. SERVICE R<�OVIDRR QQ Date: q CC: Purchasing ACCEPTANCE The attached forme consisting of two (� pages are hereby accepted and incorporated herein by this reference, and Notice to Proceed is hereby given - CITY OF FORT O Iqqj . By: Date: / Director of Purchasing and Risk Management over $60,000. E0/Z0 39Vd OOSSV 9RJ3W 3INNOEr SE88LSLE0£ VEtSI TTOL/01/70 Pagel of 2 Patrick Rowe From: Bonnie Roerig [bonnie@coloradoappraiser.net] Sent: Thursday, March 31, 2011 1:52 PM To: Patrick Rowe Subject: RE: Phase IV - the journey continues... Patrick, from my records, the fees for Parcels 5, 21, 26, 27, and 28 were previously provided. So, what's shown below is those figures from 2009. The time for Parcels 18 and 19 are basically just administrative fees to prepare a new/revised report consistent with what we discussed. If the Salvation Army turns out to be a value finding, obviously, I would just invoice for the actual time I will have in on it. It put it in the same as Wetzler just to make sure we're covered and won't have to come back for anything else later. Let me know if this is what you're looking for and if this will work on Phase IV. Thanks! Phase Vpfoposalto Patrick 3/31: 5 52.500 LN Real Estate 18 St200 New appraisal-Wetzler 19 51200 New appraisal -Salvation Army 21 52.800 Corbyn 26 52,600 Hickey 27 $2;600 Mason St. Property, LLC 28 52.900 Bowl Fort Collins. LLC 515.800 Total 52.257 Per report average Bonnie From: Patrick Rowe [mailto:PRowe@fcgov.com] Sent: Monday, March 28, 2011 2:04 PM To: 'Bonnie Roerig' Cc: 'Mike Morgan'; Phil Mazur Subject: Phase IV - the journey continues... Hey Bonnie, As you know, Phase IV is in the pipeline: we've had our first reading (for eminent domain authorization) on March 15, and the second reading is set for April 190'. We've got a little time, but I'd like to get you primed on the details of Phase IV and also work with you on schedule and to get a Work Order set-up. The Details: Phase IV is comprised of 7 properties, two of which are re -authorizations for additional acquisitions: 5 — LN Real Estate 18 — Wetzler (you've previously appraised, but the City's going back for an additional acquisition) 19 — Salvation Army (you've previously appraised, but the City's going back for an additional acquisition) 21 — Rainey and Lynette Corbyn 26 — Michael and Tracy Hickey 27 — Mason Street Property, LLC 3/31/20I I Excluded Parties List System Page 1 of 1 Search - Current Exclusions > Advanced Search > Multiple Names > Exact Name and SSNITIN > MyEPLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocurement Codes Agency & Acronym Information > Agency Contacts > Agency Descriptions > State/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Administration > Upload Login EPLS Search Results Search Results for Parties Excluded by Firm, Entity, or Vessel : bonnie roerig & associates As of 13-Sep-2011 4:16 PM EDT Save to MyEPLS Your search returned no results. 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