HomeMy WebLinkAbout106089 WESTERN STATES LAND SERVICES INC - PURCHASE ORDER - 9954424of
Fort Collins
Date: 09/19/2011
PURCHASE ORDER
Vendor: 106089
WESTERN STATES LAND SERVICES INC
505 N DENVER AVE
LOVELAND Colorado 80537
PO Number I Page
9954424 ap1of2
This number must pear
on all invoices, packing
slips and labels.
Ship To: TRANSPORTATION PLANNING &
281 NORTH COLLEGE
FORT COLLLINS Colorado 80524
Delivery Date: 07/21/2009 Buyer: JAMES O'NEILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Change Order No. 2
�c3. o'A.:-uQ�e—
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
1 LOT EA
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Title: L)i `
. co 2
Date: 'T(/ 1� //I
CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE)
Checklist Item
Contract File
Comments
Location
7) Independent Cost Estimate
The City made and documented an
independent cost estimate before receipt of
ro osals.
11
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
Interest (OCI)
If there is an apparent or potential OCI the
Q
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
�J V
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
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
five years inclusive options without priorwrittenen
P
FTA approval. Foo r all other types of
Li
contracts, the procurement file contains
c
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
past performance, and financial and
, •I Q
technical resources.
to
1. Appropriate Financial, equipment, facility
and personnel. (Y/N)
2. Ability to meet delivery schedule. (Y/N)
3. Satisfactory period of performance. (Y/N)
e. ✓''
4. Satisfactory record of integrity, not on
n�
declined or suspended listings. (Y/N)N)
5. Receipt of all necessary data from
j
vendor. (Y/N)
U�^'
19) Sound and Complete Agreement
This contract is a sound and complete
All
agreement. In addition, it includes remedies
for breach of contract and provisions covering
termination for cause and convenience.
24) Clear, Accurate, and Complete
Specification
A complete, adequate, and realistic
l `
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
5
d��`"'
The contract file contains documentation that
award of a contract was infeasible under
4•
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
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
I
permit a delay resulting from a competitive
solicitation.
cry 1
(4) The FT A authorized noncompetitive
W'`"'nAQ
y,�
1 _
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 reasonableness
price
was established on the basis of catalog or
market price of a commercial product sold in
pro
substantial quantities to the general public or
/
on the basis of prices set b 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
N G
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
The file contains records detailing the history
of this procurement. At a minimum, these
records include:
(1) the rationale for the method of
procurement,
(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
/v
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
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
Y4
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
„ 1
grantee determined that no other type of
Dv
contract is suitable; and the contract specifies
a ceiling rice.
48) Cost Plus Percentage of Cost
A
This is not a cost plus a percentage of cost
type contract.
49) Liquidated Damages Provisions
This contract contains liquidated damages
provisions and the assessment for damages
^
V
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.
n 1
2) The procurement file contains: Price
reasonableness determination.
56) Clauses
This contract contains the appropriate FTA
j
required clauses.
7
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Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from stain and local taxes. Our Exemption Number is 11. NONWAIVER.
98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000597 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 or approval ofthe 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 hemofor any ofim rights or remedies 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 more;
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 he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne 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 most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various parts 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 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 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 u,11m sole cast all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of 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 assured or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authoriistion. 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 purposed 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
promised delivery date as noted. Time is ofthe essenev. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event of any 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 Seller 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 of civil or military authorities, governmental priorities, fires, strikes. Rood, 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 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 care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the
Purchaser may suffer or incur on account ofthe 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 terms of any applicable warranty provided by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not to be 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 fany 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 ofany ofthe foregoing warranties
or guarantees, but such liability shall in no event include loss of pmfits 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 drawings, by verbal or written change order. If any such
change affects the amount due or the time ofperformance 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 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 of the 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 must be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW,
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are 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 of the other party.
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 interest
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, effects and employees ofsuch parry.
The Seller's communal 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 of such
infringement at any time during the prosecution or after the completion of the 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 parts, replace the same with substantially equal but
noninfringing equipment, or modify it m 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 ofall parties hereunder shall be
construed under and Seemed by the laws ofthe State ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(s), on the premiss ofothers.
17, SELLERS RESPONSIBILITY.
The Scllcr shall carry on said work at Seller's 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 Sellers final completion and
acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials
and equipment am 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 therefor as though such materials and/or equipment
wem being famished 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 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 tarty 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 person. 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. Bcfore any of the Sellers or his contractors
employees shall do any work upon the premises ofothers, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been pmvidcd. 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 from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchnser and any
or all of the Purchasers effects, agents and employees fmm and against any and all claims, louts, damages,
charges or expenses, whether direct or indirect, and whether to persons or pmperty 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 offers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchase, 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 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, 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
City Of
Fort Collins
Planning, Development & Transportation
Engineering
261 College Avenue
P.O.BoNorth
P.O. Box 580
Fort Collins, CO 80522.0580
J \`
970.221.6605
970.221.6378 • fax
fcgov. con/engineering
CHANGE ORDER FORM
PROJECT TITLE: Mason Corridor BRT Project
PROJECT NUMBER: 400903260
CONTRACTOR: Western States Land Services, Inc. (PO# 9954424)
CHANGE ORDER NUMBER: 2
In preparing change orders show in order as separate numbered paragraphs the following
1. Reason for change. 2. Description of change.
3. Change in contract cost. 4. Change in contract time.
1. & 2. See attached for reason and description of change
3. The contract cost will increase by $90,000.
4. There will be no change in contract time.
ORIGINAL CONTRACT COST
$148,680.00
TOTAL APPROVED CHANGE ORDERS
S0.00
TOTAL PENDING CHANGE ORDERS
S0.00
TOTAL THIS CHANGE ORDER
S90,000.00
ADJUSTED CONTRACT COST
$238,680.00
(Assuming all change orders approved)
(�
ACCEPTED BY: T `ter
DATE: �—�y 2 0
(Contractors epresent tive)
SUBMITTED BY:
i-
DATE.
'(Pr ject M Hager)
REVIEWED
(Engirt er)
DATE.
APPROVED BY:
DATE:
APPROVED BY:
cc: City Clerk
Contractor
Purchasing
Project File
(Department Head pp-, /
DATE: at �I
Purl asing Agent)
WESTERN STATES
Land Services, I fie. Acquisition and Relocation Specialists
505 North Denver Avenue
August 10, 201 1 Loveland, Colorado 80537
(970) 667-7602 Metro (303) 938-1414
I Ielctl \latson. i\deuiCelFax (970) 667-6580
Real Estate Services
Cin of Pt. Collins
300 Laporte Avenue
Ft. Collins. CO 80522
RE: Comma .Amendment and Extension — Right of \VW Acquisition and Relocation
Sel'yices for the City of Fort Collins — Mason Curridot:'MAX BRT Project
Dear Helen:
.As you and I We meentic discussed. our contracted services to the City of Fort Collins
fur the aboyc rcicrcnCol PlOiCCL hate csa•ndcd beyt)nd the initial scope and time franc
contoulplatecl in our initial proposal and contract with the Cite. Our initial contract
provided for services thriwgh 2010 and an overall budget of tillbliS000. To date. "C
are continuing work on the Project and the remaining balance frond the a fixenleationcd
budget as of August I. 201 1 is S IA 192 4.
The initial project paratneters upon which our proposal and contract from 2009 %wm
based included a schedule providing fnr completion of acquisitions by the Fall of 2009
and it was believed that Were would be 43 sty mate parcels from Mod no estate
acquisition, lvould be necessary. There tyere no relocations that had been limAkntilied
at that time. For reasons beyond our control. the acquisition schedule has been extended
considcmbh' beyond the Fall of 2009 and currently. file estimated number of total
acquisitions is i ; plus an undetermined number of additional parcels yet to be idemwetl.
Additionally. subsequent to our \'once to Procced with sn ices on this Project there have
been 10 personal property relocations identified to (late lit separate parcels on the
Project Adding acquisition and relocation wglethel. this provides lit 63 known parcels
at this lime. with additional parcels anticipated to be identified by Enghwa-ng and added
at a later (kite. The lulluwing is a brief sunmiat) of 1110 status of these 63 parcel
acquisitions and relocations:
• 14 parcels that haae closed
• I parcel filed for condemnation
• 7 parcels with Agmanents signed and closings pending
• 31 parcels a.%hetc negotiations have either begun and have not been completed or
we arc aw2h, appraisals and i or legal t cscriptions
• I personal property relocation completed
9 personal properly relocations unlerwav, yet to le Completed
01
The above parcel compilation includes three Parcels that arc under nevorkdons for shared
parking rights. More specific detail on the specific Parcels can be Inn d on our mankinu
spreadsheet that we update li ywndy lie the City regarding right Mary acquisitions and
relocations on the Project overall. A cope of the current spreadsheets is mwched hereto.
There are Several tumors that are significant relating to the status of acquisitions and
project schedule overall. During midi —20HE project management insimoed is to `'holcl"
on active pursuit of most acquisition; umil such tine as the master aercernent kith the
Burlington Northern Santa Pe Railroad could ho msolyed. Since we had active Offers
presented to it number of propery otyncrs along the Project. our instructions were to
maintain contact with those property owners so that once the Project was reach to pursue
the acquisitions we would not he in it position to having to start over from the beginning
with those alreacl; initiated. There have also been selected delays in obtaining legal
descriptions for certain parcels. which have in turn. delayed the appraisal process which
is an important component of the initial acquisition process. Based on my receul
discussions with you and Terry Tynrll. _Nlason Corridor Project \9unager, we believe thin
the Project is now reads to move rimmed with it concerted effort to complete all
acquisitions and relocations as soon as possibln fern' has indicated a desire for
complete right of tray possession by the end ufthe (first quarter of 2012 with completion
ofthe overall right of way acquisition and relocation process by the end of 2012. We will
strive to meet this schedule. recognizing dim tee still reed lea ous components of the
acquisition progrann to be completed such as legal descriptions. appraisals and necessan'
approvals for selected parcels :dung the Project. Provided we do obtain possession of the
necessary right of way by April 1. 2011 We understand that negotiations mar cmuinue
regarding value and other aspects with PareelS that have been acquired b} contract. _vet
not closed. or by Possession .Agreenternz and in some instances uner dcondemnation. h
is likely that services required to complete the final negotiations and project dose out
would extend through the majority of 2012. 1 suggest that our contract be extended to
December 31. 2012.
From it cost standpoint. we are surprised and pleased that we hate been ahle to stretch
our existing budget for this work for almost 3 years bcyond the initial completion date
and considerable expansion of scope of work, we note that sine. the announcement drat
the Burlington Northern Santa Fe Agramcnt has been essenrialh agreed upon. our
activities have increased significanth' as compared to fit,: last half of 20I0. Additional
parcels are being released for acquisition and appraisals are undenyay which will
ultimately provide for an increase in right of tta� acquisition and negotiation activities.
We an now pursuing to business personal rimpern relowdons kw" n to (late. Based on
current billing and remaining budget. we anticipate that we will have expended the
remaining portion of our Weer by August - Septernher of this year. Our current rate of
billing to the City averages approximately STOOD - 57.000 per month and we expect that
to remain relatively constant through the first quarter of 2012 (April I. 2012). Assorting
trc can leach the milestone of Making possession from all necessary panels by that
date our continuing services through the remaining Portion of 012 should diminish. It is
difficult to estimate at this lime. hm%c%a- we expect our billing would he reduced by
approximmely 30`,u ,tier that time. through the rest of 2012. This is to allotr I'nr
1''. hr litr f.'(,L!.c: c'us= ed �. \!;:or. Iv X-In-I!I7I:.\r LJo¢
l®
continued ne �otialiuns heroncl possession. participation in condemnations. completion of
relocations and project closeout by the end of that year. Based on the afnrenlcntioncd.
we suggesi our overall butign for the Project be know, as litllu•":
• Services through April 2012 he increased by S50.000.00
• Services subsequent to initial possession ❑s dllCnsSed ahoye he increased be
SJ0.00(LU(l
The overall budget cstensinn is the sum of the lieures above equalim-, 590.000.00. This
added to the current contract anwunt of S]4,S.6S0.00 ryould equate to S23S.680.00. I
believe this budget is suflicient based on the kno"m work items and proposed schedule as
delined herein. In the event the lyurk assignments change or the schedule slips. then the
bucleet may need at he 1e-CXairt117CC1 at such time.
Although our hourly rate Schedule has increased slightly since our initial proposal to the
C'iV A 2009. r:e propose to maintain our current rates as set fmih in that proposal for the
principol personnel currenth incolyed wilt the Project- Alike Morgan and myself.
Attached is a revised Fee Schedule specific for this Amended Proposal only. which
maintains our fee Schedule for Al employees r.ycepi John Duty, who is now charged it
Mo0 per hour. I note that John is not currrntly working on this Project. hoWsmi' it is
possible that Ile may in the future.
Upon your rayiew of this letter and let ale ka(M it the inlixmation. facts and figures al, -
acceptable to you and what Ixoce:, \ce need to proceed with to accommodate these
adjustments.
Sincerely'.
\VEVH I2N ST.-\TGS LAND' CERVKA S. INC.
Phil B NQui - SRAVA
President
P\4!Ipk
Enclosures: ROW Acquisition Spreadsheet dated Sigr 1
Rcloewion Spreadsheet dated &9/1 1
Pee Schedule
CC: C'i)S-IS (:\ccountine iilcl
P: I'URT Cf41INS LMA III L Ahwn Itr 5-in I 1 I1!tAr r.do;
WESTERN STATES LAND SERVICES, INC.
FEE SCHEDULE
CITY OF FORT COLLINS
August 2011
HOURI Y '
Supervisor ...............................................
Project Manager .......................................
Acquisition I Relocation Specialist .......
Clerical......................................................
...................... $65.00
......................... $60.00
.............................. $60.00
........................................ S35.00
Expenses are charged at actual cost with no surcharge
Vehicle mileage .......................... ...... ........... ......... ........................... $.46/mile
Photocopies.................................................................................. $.20/1)age
Facsimile transmissions............................................................ $1.00Ipage
Computer/PC/AT..................................................Included in regular rates
Word Processor ...................................................Included in regular rates
Direct expenses for items such as postage, telephone, etc. are
charged at actual cost with no surcharge
' There is no surcharge for overtime hours worked
(Daily and monthly rates available upon negotiation)
. :I'., ! 1 i .. ii x,;::r..:,::.:I `a h6k:I; ],;I I.....
CTARMIANS SIANIUM
cvf RITMOTIMESINAM
C,
d' 1, 41, N
NI I '.,MURAND( !\ I
DA IT: seplclllbCi S. -'0 1 1
To: Jiln O'Neill. 1,111chnsill, A�'-'eln
-I c I n I\ lied. I L Co III ];let P I oj cc I M nlmlcct
Flikil Keeton. I'miuct Malin .a.
FROM: lUell Mntsuln. Reif! Fmnte SciviccS
RF: NIRSOII (.inn IdOl h\ I AX) BITS RPI)id I ': in sit PjojCc I
(,sI Anal"Sis Wv-sicill Males I -mid milinctunl No_oliziiion
1 lic coillinci N6111 NVCsIQII1 Stiays Land Services (,*\\ ;sielll ) has seen to 1Xn:cIllb,P
2 '01.3 - Since Ilse original Coll I I nel tuns eXeCLI(Cd kki I I I \\;�SKTI I. I he I i- hale been hectors that hole
ifflecEcd Ilivit original bid of S148.6RO. One,)] these lamns, t\Js il 1110iM doav dILIQ 10!sliflled
iw,,-oliatimns vmlh the BNSF WWI CAppolly, Thole were smmA paymps owl had m,x,,d
mw agivauents "it the Oly. With this project dom. "WITHI nuadol to "M with PH Won
COPWCIS 10 eNl)lnill the delta and to vxwnd Womy thics. -nu. I Ile other fiwioi is :in incienscol
number ol'properties. To eNuAnIc an Member of 2013 and acquire all the mquAvc! pRqvnv
ilne'CsK NVC need It' do a Met intumme of S9110011 Alutched plunsc Aid the lNuptned
d0cII)IIi'.In[PnoII flom West"Ill '(P' ( hinloC Order'-'? WInfill',' S90.01111. 1 IP'.0 )WIVICLI an
hILIC110111CIlt Coss -'sumitic (10.-.). also attached. toulling S 1.",7.225. In in) I(.K I In ulymimined
the linle [bill WQsIcl n will need 10 COMI)IOC their PW(101-11601) (111 IXIIC1h; 010- hit\ C begun
thus the dmuqmx; hemeen the mo budgm Should the Ivolcm .cope dyngc
and Illol,i proper]) iIlIQICSIS PIC I'--LILIiICd, 011 ndditiollill Change order ales'. be required.
Since Wesicin %%as selected as the contract uwahaor loi this pitijuci Onongh P competitive bid
pioccs and lime been "vkmg on MO pnoca shove 2009. it %\t)iiltl not he cost cf-ccmc to have
to go (Inough anuthcr bid Immm to select another wyanwism As mentioned alooic, \Vcsw rn is
cmvmhln the midst onto miming " ith 't:N eind pntperly 11%iIICJS PlId it ,•-01.1111 be N en' Lli HICUII
to hying in it IICN\ nceotimar to fnlnixc dic linlisimi'w'. I haxd III;: lom, on tlle ICI: From ran'
QXIXN ieIIQC 11 n1l 1110I)OSCLI lair: lion other nctloisition consultants and the kid int'-s Ilmn
"Wem.
Billed on Inv espci ieIICQ. f believe Ill,: rctIlwsicd ( *11;111��e order' for the dill'AIIII 0I SoO.00o is
lecls,Mnlhje In onlipicic 111e illn] m o phnsCs ol'ilquisitioll Scnicos lot the 1'1(�jc, I I lccolllll)eIld
of this fve C >1imilic will) it hL1d,-,-:i oI 00.10[)O,
Fort Collins Independent Cost Estimate
u.ac of 6shnrmu. tc.nrry-n
Cnnvact t pm
f a¢I rn9 Contract er PO IYINI 1: xrsUny Agrocrn0ul and PO
P99S<a2n
Ch:myu Ortlur 10 Ncgowlmn
IMscnpe'm of ('.nod, Uri m l,—ccc (tl): Contractor
Ir:rcc nUtainetl thr lollwviny c56v:atc Irwn;
PULpShGtl PuLC 1,IsIl Pail PuCinq (dalCj
Ingmeeun9 x lecheca Est:nc'tr: iycr;Ornretl byl
InrlCpdntlinl llrnfl Party L'W"'.Ie lccricnawv by)
OOmr (cwc4y)
Cost Esbroaw DCIar15
(6Wmalo calamrco ul US oou"a
Cost of Serviml. Repalr4, or Nnu-Sundarzl Items
Ilc'm:I.,k
MetUrals or Wort. UcsOnpti0n
Other Ducol
Iahor
Undo,
(a —Do'
AllO.t,,d
Costs
tale(S)
Hours
Class
Ovcnc�aU
SODA
Proal
TOTAL
andum to PO n99St<Jn
--
5
to cover m
w ce Jc4uisuon ;
JarvrrCs
onal ao popcny nas Imm
acn;nrco
NcgOWilion $CrviCCS idpn'art
GO
I}00
N"UNMIDa ServiCLrS i4a2nr
Gi
$A3OS
_
I
S ;n,Don.un
Atlnlipr.^.IraUvn Snpor;
v
5S.IOO.0
i00 0tCMlla)
&C:LUUU
_
,
'vUU J0
I
I
noul
226 00
tBynHlurc of No,:.,