HomeMy WebLinkAbout113275 ALLER-LINGLE MASSEY ARCHITECTS - PURCHASE ORDER - 9955240PURCHASE ORDER PO Number Page
City of PURCHASE
9955240 1 of 2
C6rt COI lies This number must appear
,�—J`-' ` on all invoices, packing
slips and labels.
Date: 09/1412011
Vendor: 113275
ALLER-LINGLE MASSEY ARCHITECTS
712 WHALERS WAY BLDG B SUITE 100
FORT COLLINS Colorado 80525
Ship To: TRANSPORTATION PLANNING &
281 NORTH COLLEGE
FORT COLLLINS Colorado 80524
Delivery Date: 08/27/2009 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
change Order 3 1 LOT EA 19,485.00
Total
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
S"rC - Ices held
Subject: STC - fees held
From: "Angela Milewski" <amilewski@bhadesign.com>
Date: Mon, 14 Feb 2011 13:47:30 -0700
To: "'David Lingle... <dlingle@alter-lingle-massey.com>
Dave,
To follow up on the previous email about additional services, here is a breakdown of the fees we are holding to
date and expect to still expend before final bid docs are issued:
Fees held to date:
$3,382.50labor
ro-.sCn orf
a r!riCG
�J 1
Based on our last DRT meeting with the City, PLUS the assumption we can address the major comments with
each staff member and AVOID another submittal round, we expect that we'll still expend another $1,387.50 in
labor to complete the city entitlement plans. So, at best case, we expect to be a total of $8,057.50 over our
contracted design fees.
Just wanted to let you know where we stand to date.
Thanks again,
Angie
i911C:LYC OC':i'Ci'Jfi�
s Jrl;c� Ci'S�J,i
Angela K. Milewski, ASLA, LEED AP
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80525
phone: 970.223.7577
fax 970.223.1827
grwW bhadesign.com
1 of] 21162011 9:45 ANI
RE: CFC South Transit Center: IES additional services request
Subject: RE: CFC South Transit Center: IES additional services request
From: "Craig Perry" <cmp@iesystems-inc.com>
Date: Tue, 8 Feb 2011 15:49:52 -0700
To: "'Matt"' <mnewman@alter-lingle-massey.com>
CC: "'David Lingle" <dlingle@alter-lingle-massey.com>, "'Les Yingling"' <ley@iesystems-
inc.Com>
Matt,
After going back through old timesheets, it appears that we are still within our agreed fee. S 5600 ill be the total
amount for add services. Thank you,
---Craig
-----Original Message -----
From: Matt (mailto:mnewman@alter-lingle-massey.com)
Sent: Tuesday, February 08, 2011 3:07 PM
To: cmp@iesystems-inc.com
Cc: 'David Lingle'; 'Les Yingling'
Subject: Re: CFC South Transit Center: IES additional services request
Craig -
Can you please provide an amount for the other items?
-Matt
Hatthel,r D. Fen:man., AIA, _4ED AP
A.lier-Lingle-t4assey Architects P.C.
712 Whalers 6day, Bldg. B, Suite 100
Ft. Collins, CO 80525
P: 970.223.1820
F: 970.223.1833
Matt,
$600 is just for the outstanding items. Thanks,
--Craig
----Original Message -----
From: Matt [mailto:mnewmanCaaIlei -lino le-massev.co
Sent: Tuesday, February 08, 2011 2:54 PM
To: cmoaiesystems-inc.com_
Cc: David Lingle; Les Yingling
Subject: Re: CFC South Transit Center: IES additional services request
Crnis-
1 01`3 515%2011 11:17 AM
Rli: CFC South lYan<iI Cemer: IES additiouol services request
Thank cou for summarizing tasks Inr our request.
I'm not sure that I understand N our request. Are You requesting S600 to pick up the
outsrmding i(cnms or for all of the itemms listed in N our nmessa r"
I'hanks-
\dau
Dave,
We are requesting additional services fees for the South Transit Project. Below
is a summary of the primary reasons:
The IES fee was based on an initial 6-month design schedule that was to
begin in May 2009 and end in October 2009 per the RFP. Due to multiple
delays and changes made by the City, the actual design process lasted
approximately 3 times that long.
For the exterior lighting, IES was requested to analyze and provide
preliminary cost estimates for all possible lighting technologies including
LED, Solar, Induction, and several types of Metal Halide. We also
evaluated many different manufacturers' products. In all, 20 separate
exterior lighting simulations were created and studied. This amount of
work is far beyond what was anticipated in our fee proposal.
There were four PDP submittals.
The IT and low voltage systems designs were a moving target with
numerous changes made late in design. Remaining outstanding items
include:
o revising the underground low voltage service distribution on the
site for the third time
o revising the CCTV devices on the site and adding branch circuits
as required
o revising the concrete pole bases, boxes, and raceways
o bus bay signage coordination
Assuming IES has all the necessary information and no more meetings or
conversations are required, the estimated time to complete these final
tasks is 6 hours, or $600. Any additional changes or coordination may
increase this fee.
2 of) 55:_0I1 ICI, A>I
RI:: CFC South I I ailsil Centel: IESadditional services I eque'l
Please let me know if you have any questions or comments. Thank you,
---Craig
Craig Perry, P.E., LEED AP
INUOVATIVE ELEI.TRP�AL SYSTE?.!S. 111C.
I or " i i:'() I I 11: 17 AM
From: Steve Seefeld
To: Erika Keeton;
CC: Terry Tyrrell; Kurt RavenschlaQ; John Stephen;
Subject: ALM CO#3 - ICE & Justification for added design
services
Date: Wednesday, September 07, 2011 3:08:50 PM
Attachments: Operations Services a,fcgov.com 20110907 161837.pdf
From: Steve Seefeld
Sent: Wednesday, July 27, 2011 4:20 PM
To: Erika Keeton; Terry Tyrrell
Cc: Sandy O'Brien; Kurt Ravenschlag; John Stephen
Subject: Aller-Lingle-Massey
Erika,
I'm forwarding the attached information in reference to the professional
design contract for the South Transit Center project. This information
includes Change Order #3 with Aller-Lingle-Massey Architects PC, our
principal design consultant, and the associated back up information relative
to their request for additional fees. As you can see by the scope redlines
we have reduced their overall fee request to what we believe is a fair cost
for the services rendered. Our contract services agreement with ALM on
the STC project reflects hourly rates for their professional services which
are not subject to change, without review, through the life of the project.
Based upon our professional experience as design and construction
managers we believe the request for $19,485 in additional fees is a
reasonable and warranted project cost. As you will note, the City has
requested a time extension on the design services contract for the STC
project and ALM has agreed to the extension with no request for additional
fees or a raise in contract rates. If you have any questions please don't
hesitate to call. Thanks, SLS
Stephen Seefeld, CCCA
Facilities Project Manager
City of Fort Collins, Operation Services, PMPD
Fort` pins
�- Independent Cost Estimate
Data of Estimate:
Contract Type: fixed tee NTE with approved modifications per CO
Existing Contract or PO (TIN): yea
Provide design services for
South Translt Center par
Descdplfun of Goods (A) or Services (a): contract scope
1 nave obtained the following manta from:
Published Price List I Pen Pricing (dale)
Englreadng or Tecblncel Estlmale (Performed by)
Independent Third Party Estimate (Performed by)
Other (spacdiy) my oxperlenco with management of City design contracts
Can Estimate Dotal:
fEstim to cakuhuadin US Dollars)
Product
Cost Sieel
Coal as
NoleeiDale Source
Delivered
No rlo hl
Atld' engn
ervlcos
Planning
LA
$0.000
CM En
$1.50D
Mach nice)
$6.800
Elocnicat
$SOD
Architectural
fT,800
TOW
s10.700
Cost of Services, Repairs. or Non -Standard Items
IlerNyass:
Jl%u6ignalureofPrepwer. �tQ/D 'tlWW.GwxY UJ.wMwuWw eam�Ws
To Whom It May Concem,
Work delineated in the Aller-Lingle-Massey proposal that constitutes the request
for added design services in Change Order #3 was not included in the original
scope of A/E design services for the South Transit Center project. We have a
master contract agreement with ALM to provide design services through the
entire STC project from conceptual design through contract administration. This
contract agreement was entered into after completion of a competitive RFP
process. The contract fee schedule rates in this agreement have not changed.
Aside from being completely out of the ordinary under this scenario, it would
make little sense to bring in another design team to provide these supplemental
services because another team would have to acquire background drawings and
very specific design information from our contracted professional consultants
(ALM) whom we have retained to provide design for the project. This would add
considerably to the cost of these additional services needlessly. In addition, it
may be contractually unsound to have the work in question provided by a third
party design professional.
Thanks for taking time to understand the process.
Stephen Seeteld, CCCA
Facilities Project Manager
C(ty of Fort Coffins, Operation Services, PMPD
(970) 221-6227
Gtyof
Fort Collins
Title:�� 3 40-6,
Date: *Iqllt
CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE)
Checklist Item
Contract File
Comments
Location
7) Independent Cost Estimate
The City made and documented an
Pv
�—� /1,
independent cost estimate before receipt of
` /
ro osals.
10) Unnecessary Experience and
Excessive Bonding
N
Unnecessary experience and excessive
bonding requirements were not included in
this solicitation or contract documents.
11) Organizational Conflict of
N b
Interest (OCI)
If there is an apparent or potential OCI the
solicitation contains provisions to 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
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
"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
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
u
The solicitation contains no in -State or local
geographic preference except where Federal
statutes mandate or encourage them.
15) Contract Term Limitation
N
The contract period of performance for rolling
stock and replacement parts does not exceed
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
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 Financial, equipment, facility
and personnel. (Y/N)
2. Ability to meet delivery schedule. (Y/N)
3. Satisfactory period of performance. (Y/N)
4. Satisfactory record of integrity, not on
declined or suspended listings. (Y/N)
5. Receipt of all necessary data from
vendor. (Y/N)
19) Sound and Complete Agreement
fJ
This contract is a sound and complete
1
agreement. In addition, it includes remedies
for breach of contract and provisions covering
termination for cause and convenience.
24) Clear, Accurate, and Complete
Specification
N 4,
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
properly respond.
38) Sole Source if other Award is
Infeasible
C�
The contract file contains documentation that
6 /� lJ
award a contract was infeasible under
small purchase procedures, sealed bids, or
competitive proposals and at least one
`
of the following circumstances applies:
(1) The item was available only from a single
source. (Verify prices are no higher than price
for such item by likely customers.)
(2) Public exigency for the requirement did
not 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 a commercial product sold
ntities to the general public or
substantial quantities
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
`vim
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
„ • _ ,
y
The file contains records detailing the history
v�
of this procurement. At a minimum, these
records include:
(1) the rationale for the method of
V--V'o 0--Le
procurement,
2 r-P'0
(2) Selection of contract type,
(3) reasons for contractor selection or
rejection, and
4 the basis for the contract price.
43) Exercise of Options
The grantee exercised an option on this
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:
44) Out of Scope Changes
The grantee amended this contract outside
the scope of the original contract. The
V�
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
obtained from FTA.
46) Progress Payment Provisions
The contract contains progress payments
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.
Purchase Ordcr Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Four Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER.
98-W502. Federal Excise Tax Exemption Certificate 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 Statutes 1973. Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder orapproval ofthe design, shall not release the Sellcrof
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped ordue to defects of any ofthe 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 hercofor any ofits rights orremedies as to any such goods, regardless
instructions from the City of Fort 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 am subject to the City of Fort Collins inspection on arrival, hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in news] economic practice, overcharges resulting morn antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact 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 hereafter
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitrust 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 must accompany invoice. Additional charges for packing will not be accepted.
13, PURCIIASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pares of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected fmm the nenrest distribution paint 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 am made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers mle cost all necessary pennies, certificates and licenses required by all
applicable laws, regulations, ordinances and mles 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 asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set 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 are 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 ofthe essence. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpertial late deliveries, shall operate as a waiver of this provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God. acts ofeivil or military authorities, govemmenml priorities, fires, strikes, food, epidemics, wars or
riots provided 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 del ivory shall be
extended for the period equal to the time actually lost by mason 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 competence in accordance with accepted standards for work of a
similar nature. The Sella agrees to hold the purchase hamiless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or 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 tares of any applicable waranty provided by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from impeded
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 waranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing warranties
or guamntces, but such liability shall in no event include loss ofprofrts 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 cultural in the specifications or dmwiage, by verbal or written change order. If any such
change affects 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
good then not shipped, subject to any equitable adjustment between the parties 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 made in
favor ofthe Seller with respect to any goods which arc 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 man be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wannum that all goods mid hereunder shall have been produced, mid, delivered and fumishcd in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver tech documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
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 ofthe other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security intemst
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 mom the performance of such work.
This mlemc shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, officers and employees ofsuch party.
The Seller's 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 from 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 ofsuch
infringement at any time during the prosecution or after the completion ofthe work. In case said equipment, or
any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part 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 pares, replace the same with substantially equal but
noninfringing equipment, or modify it m it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become inmlvent or bankrupt, make an assignment for the benefit of creditors, appoint a
remover 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 ofterms used or the interpretation of the agreement and the rights ofall patties hereunder shall be
construed under and governed by the laws afthe State of Colomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder.
including the services of Sellers Repmsenmtivc(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on mid work at Seller's own risk until the same is fully completed and accepted, and shalh
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 Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle more at the site and become responsible therefor as though such materials and/or equipment
were being fumishcd by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefts, 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 comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least S300.000 for any one pers. on, S500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to Provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the Premises of others. the Seller shall tarnish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance 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 man the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
a all of the Purehascrs 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 act, action, neglect, omission or default on the part of the Seller. any of his
contractors, or any of the Sellers or contractors oficem, agents or employees. In cam any suit or other
proceedings shall be brought against the Pumhaser, or its officers, 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 Seller hereby agrees to assume the defense thereof and to
defend the same at the Scllcrs 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 pmpcny ofthe Purchaser, or said parties in or as a result ofsuch mils 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, famish 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 regulations issued pursuant thereto.
Revised 03/2010
47) Time and Materials Contracts
p�
This is a time and materials contract; the
I
grantee determined that no other type of
contract is suitable; and the contract specifies
a ceiling rice.
48) Cost Plus Percentage of Cost
J
This is not a cost plus a percentage of cost
type contract.
49) Liquidated Damages Provisions
This contract contains liquidated damages
0
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.
2) The procurement file contains: Price
reasonableness determination.
56) Clauses
GJ-5,-
This contract contains the appropriate FTA
t.J /
required clauses.
Excluded Parties Search
W
i
EPS run and include in the file.
I
Excluded Parties List System
Page I of I
Search - Current Exclusions cork Resources
> Advanced Search
> Multiple Names
> Exact Name and SSN/TIN
> 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
Results
Search Results for Parties
Excluded by
Firm, Entity, or Vessel : aller-lingle massey
As of 14-Sep-2011 11:59 AM EDT
Save to MyEPLS
Your search returned no results.
' I Back New Search Printer -Friendly I'
> Search Help
>Advanced Search Tips
> Public User's Manual
•FAO
> Acronyms
> Privacy Act Provisions
> News
System for Award Management
> (SAM)
Reports
•Advanced Reports
> Recent Updates
> Dashboard
Archive Search - Past Exclusions
>Advanced Archive Search
> Multiple Names
> Recent Updates
> Browse All Records
Contact Information
> For Help: Federal Service Desk
https://www.epls.gov/epls/search.do 09/14/2011
f
JUL-27-2011 15:30 FROM:HLLEP. LINGLE HASSEY 9702231833 TO:2216539PP0926 P.1/1
k.
City.of Planning, Development & Transportation
Fort Collins P-0.ft9am
sellno
207 Plana Colkpe Avenua
P.O. Bmt Fen Collins,e, CO e0s2205eo
a70.221AWS
070,221.6375 • f0%
rtpev.mrrnnpimaegg
CHANGE ORDER FORM
PROJECT Tr7LE: Mason Cnrtdm BRT Project • 3oulh Transit Center
PROJECT NUMBER: 400903280
CONTRACTOR: AIIer4.IngleMassey Architects (150#905240)
preparing change omens snow m oraer as a"row numce
1. Rewoon for change. 2. OewAptlon of change.
3. Change in contract cost 4. Change In contract time.
1. & 2. See aWsohad for reason and description of change.
3. The oanbact cost will increase by $10.485.00.
4. The ocnbact time MR be wdcnded to July 15, 2013.
ORIGINAL CONTRACT COST
3474,750.00
TOTAL APPROVED CHANGE ORDERS
$21,110.00
TOTAL PENDING CHANGE ORDERS
$0.00
TOTAL THIS CHANGE ORDER
$19,485.00
ADJUSTED CONTRACT COST
$515,345.00
(Assuming aR change orders approved)
ACCEPTED
SUBMITTED
REVIEWED
APPROVED
BY: DATE %�2%�II
(Co ac6or' aD alive)
BY: f7 GATE: --(-
Prole Man s p
B t6.0 DATE q' -1 . 11
n i ash 6�
BY: DATE I — Z — I
(Department Heed)
APPROVED BY: AJ I W DATE:
(Purchasing Agent)
as Cly Clerk
Conva,=r
Pumnso rip
P'vjQ0 Re
znnrznn 01 uNTiina run+ An k1T1 UEC9 LZ7. CIS ktll L7.:6t LL07.lI7.If0
" ALLER a LINGLE a MASSEY
ARCHITECTS
P.C.
July 18, 2011
Mr. Steve Seefeld
City of Fort Collins
P. O. Box 580
Fort Collins, CO 80522-0580
RE: Time Extension to Professional Services Agreement
South Transit Center
City of Fort Collins, Colorado
Project No. 0926
Dear Steve:
s
iscussed in our meeting, we are sending this letter to request a time extension to our contract for the
South Transit Center project. The contract time should be extended by 24 months to July 15, 2013, at no
additional cost, assuming the construction duration for the STC project remains as originally anticipated at
ten (10) months.
d
Sincerely,
A'LLLEEERR-LLIIN�G,LE•MASSEY ARCHITECTS P.C.
David S. Lingle, AIA, LEED
D81-Als
cc: Kurt Ravenschlag, Transfort
Terry Tyrrell, Mason Corridor Project Manager
712 WHALERS WAY • BLDG. B, SUITE 100 • FORT COLLINS • COLORADO • 80525
(970)223-1820 phone • (970)223-7833 fax • offce6ller-lingle-masse}cons syswcaller-tingle-rnaaseyaom
ALLER • LINGLE • MASSEY
ARCHITECTS
P.C.
May 9, 2011
Mr. Steve Seefeld
City of Fort Collins
P. O. Box 580
Fort Collins, CO 80522-0580
RE: Requested Additional Design Fees
South Transit Center
City of Fort Collins, Colorado
Project No. 0926
Dear Steve:
In response to your request at ofiret$puf'&VFnsi[ Center&'design meeting of December 17, 2010, we have
discussed the project with our design team and have prepared the following request for additional fees for
the STC Transit project. I apologize for how long this process has taken, and appreciate the opportunity to
discuss this with you.
BHA Design Inc.: Refer to the attached email for an explanation of their request.
KLBA: No request.
The Ballard Group: Refer to the attached letter for an explanation of their request. We have
substantially reduced the amount of their original request to an amount we feel we can support.
IES: Refer to the attached email for an explanation of their request.
ABD Ltd.: Their request is for additional meetings and preparation time with various user groups. Their
original contract was very tight, with only a couple of design meetings included.
Aller•Lingle•Massey Architects P.C.: Our request centers primarily around the extension of the design
schedule beyond our original Construction Documents contract completion date of May 20, 2010, resulting
in more than 20 additional design meetings (to date), and to a lesser degree, design and specifications for
coffee shop equipment originally to be provided by others, design of components originally to be designed
by Baker Engineering, plus coordination of our consuttants' additional services.
The fees requested are as follows:
BHA Design Inc.:
The Ballard Group:
IES:
ABD Ltd.:
Aller•Lingle•Massey Architects P.C.:
Total:
$ 3,385.00
$ 6,250.00
$ 600.00
$ 1,000.00
S rcc.
8,250.00 n ri f
r
/i
712 WHALERS RAY • BLDG. IT, SUITE 100 • FORT COLLINS • COLORADO • 00525
(9701223-7020 phone • 1970)23-7033 lax-,ilncKtaller-Tingle-nussey com • ww•,ealler-Iingle-m seyxom
tJ4,
1
Requested Additional Design Fees 2
Thank You for •lour consideration of this request. I know it has been a long process for everyone, but I beeve
we will have a great project on opening clay.
Sincerely.
ALLER•LINGLE- MASSEY ARCHITECTS P.C.
Allallt
David B. LinnAIALE'6
DBLAts
cc Kurt Ravenschlag, Transfort
Attachments: Backup emails
te, Mcrl teRi P.C.
The Ballard Group, Inc.
Mechanical Consulting Engineers
February 23,2011
Mr. Dave Lingle
Aller-Lingle-Massey Architects P.C.
712 Whalers Way, Suite B-100
Fort Collins, CO 50525
Re: Summary of Additional ,Mechanical Work
Dear Dave,
With regard to obtaining additional services for this project, we have several issues for your
consideration.
4,000 square foot. One of
case, a building size of 4,000 sf in lieu of 2,500 sf would have
pk, 2. We had listed additional services if the building went Net Zero. in retrospect, we did
almost everything possible from a mechanical standpoint to help the building achieve Net
Zero. But since the building did not officially go with Net Zero, our additional service
provision did not take effect. We believe we should be able to recover the Net Zero
additional services in the amount of $3,000.
Coolerdo constant volume units after having received approval o manic Design.
The issue of evaporative cooling was discussed unes and the City eventually
decided they did not want to put, a-sys em that used evaporative cooling. As part of the
informational pro- «anged a site visit with the owner:wd several design team
memo ne Coolemdo factoq�. We estimtne onr time as Follows: principal-3 bows,
ventilation system
We estimate our time as follows: Engineer: 9 hours, Cadd
required addilio r ❑me as o ows: Principal: I hour,
pit 6. We spent it great deal of time on the Data Room. First,just trying to get cooling loads
from the owner. Once the loads were given to us and revised several times, we were
required to design three options for cooling this room including an exhaust fan, split -
system and cooling only rooftop unit. After numerous discussions, the cooling only
rooftop unit was selected, which required the addition of another rooftop unit on an
already crowded roof and no room for the ductwork. This required a significant redesign
of the existing rooftops to allow the third rooftop unit to fit on the roof. Most of the
ductwork needed to be redesigned as well. We spent a great deal of time trying to get the
ductwork to fit due to the minimal amount of ceiling space. We continued to request
additional ceiling space and eventually the ceilings were lowered. We estimate our time
2525 South IiVadsvrodh elvd., Suite 200 Lakewood, CO 80227 P: 303-988,4514 F: 303.988.4517
February 24,2011
Summary of Additional Mechanical Work
Page 2 of 2
as follows: Principal: 2 hour, Engineer: 22 hours, Cadd operator- 12 hours Ibr a total of
$3,250.
that required that we m7ftwlt . oom severa times. We estimate
ws: mcipal: 2 hour. Engineer: 2 hours, Cadd operator- 4 hours for a
In summary, we are requesting the following additional services:
I. Increased area of the building: '59;749
I. Net Zero: 53,000
3. Significant changes after approval of Schematic Design: S2,949
4. Thermal mass wall: 50,995
5. Coffee shop addition: 556fr
6. Data Room and design consequences: S3 250
7. Mechanical room revisions: 598&
TOTAL 5ifi389
Dave, I am hesitant to even raise this issue because this is not our standard method of operation.
However, these additional services are significant. We had calculated spending 96 hours through
Construction Documents. To date, we have spent 320 hours. We would certainly appreciate any
consideration you can give its.
Sincerely,
fly:l_���>l1iZ [el C�Iil�d`C�
Michael Ballard,
CEO
South Transit Center - additional service request
Subject: South Transit Center - additional service request
From: "Angela Milewski" <amilewski@bhadesign.com>
Date: Mon, 14 Feb 2011 13:36:41 -0700
To: "•David Lingle... <dlingle@alter-lingle-massey.com>
Dave,
You mentioned that the City was interested in reviewing a description of design scope areas where we have
exceeded the original contract amount for South Transit Center. At this time, we have indeed exceeded our
scoped amount and are holding design fees expended for the project. If there is an opportunity to recuperate
some of this held fee, we would certainly be interested and can submit a formal request.
In the meantime, here is a description of the items that have required additional effort on our part outside of
the original scope for the project prepared in June of 2009:
Schedule delays: Our scope was based on the assumption that the project design would be
completed in Spring of 2010 tin fact the original RFP indicated a very quick pace with design completion
in October of 2009). With nearly an additional year of design time, we have been required to attend
substantially more project coordination meetings than originally anticipated and accounted for in our
fees: These additional meetings (14 meetings over the course of the past ten months) have required a
significant time commitment from BHA.
Additional exhibits for Administrative Hearing and the additional Public Open House that followed: In
order to assist with the issues related to public comments and the additional public meeting that the
client requested after the Administrative Hearing, we prepared several additional exhibits including:
o Decibel level graphic
o Photo display from perspective of residences to the west
oSite cross-section
o Site relationship aerial photo
o Powerpoint presentation of exhibits
o Presentation boards of exhibits
These were the primary causes of our additional design costs. Please let me know if you need any additional
information.
Thanks for the opportunity to discuss this,
Angie
IIpnC'.:IJt OrG ;!&C7,rc
�rL•o� �esan
Angela K. Milewski, ASLA, LEED AP
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, Colorado 80625
phone: 970.223.7577
fax 970.223.1827
vnvw.bhadesia n.com
I of 1 2116,12011 9:44 AN1