HomeMy WebLinkAbout465997 MICHAEL BAKER JR INC - PURCHASE ORDER - 9957149City of
�,.F�ort Collins
Date: 02/01/2012
Vendor: 465997
MICHAEL BAKER JR INC
165 S UNION BLVD SUITE 200
LAKEWOOD Colorado 80228
PURCHASE ORDER
i
PO Number Page
9957149 t of 2
This number must appear
on all invoices, packing
slips and labels.
Ship To: TRANSPORTATION PLANNING &
281 NORTH COLLEGE
FORT COLLLINS Colorado 80524
Delivery Date: 12/01/2009 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
10 CHANGE ORDER 8
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:
272,219.25
19.25
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
The following items are included as part of this change order:
1. Survey Data Reduction: The City of Fort Collins provided Michael Baker Jr, INC with project
survey data including the Downtown Rail Conversion, University Station CSU redesign, and the Trash
Enclosure at Prospect. This survey was not in a useable format for Baker and has to be reformatted into
three-dimensional breaklines. Michael Baker Jr, INC's original submitted request on March 21, 2011 was
for $16,950. The City's ICE was estimated at $9725.40. During the negotiation process, the City felt the
hours needed to finish the task was inflated on Michael Baker Jr, INC's part and thus the final negotiated
price agreed upon by both parties was half the original request by Michael Baker Jr, INC's at $8,450.20.
This negotiated cost is found to be reasonable based on the scope of work. See attached ICE.
C.".(
FOf1�Coltins
Date of Estimate: 29-Apr-11
Contract Type: T&M with Cap
Existing Contract or PO (YIN): Y
Michael Baker Jr,. INC Change Order # 8
Independent Cost Estimate 1 - Survey Data Reduction
Original Scope 7073 Mason Corridor MAX BRT Final Design
Description of Services: Supplement for Engineering Design Professional services, per the original Michael Baker Jr., INC contract PO# 9957149, dated December 1, 2009. This service will conclude the final design phase of
the BRT Project. Original contract does not Include Survey Data reduction. The City of Fort Collins provided Michael Baker Jr, INC with project survey data the Downtown Rail Conversion, University
Station CSU redesign, and the Trash Enclosure Q Prospect. Data has to be manipulated by Michael Baker Jr, INC into a useable design format. Time will be used by Michael Baker Jr, INC staff in
order to convert survey files. This service by Michael Baker Jr., INC is necessary to progress the project Into the construction phase, a budget supplement is warranted.
Cost of Services, Repairs, or Non -Standard Items
IteMfask:
Other
Labor Rate
Labor
Allocated
Materials or Work Description
Direct
Labor Class
SGBA'
Profit
TOTAL
SS
($)
Hours
Overhead
Sr. Project Manager
$ 158.70
8
$ 1,269.60
Project Engineer
$ 104.27
20
$ 2,085.40
AutoCAO Technician
$ 79.63
80
$ 6,370.40
Total 108 $ 9,725.40
'bJwv. G..'w rE.wmv Uty E"...
Signature of Preparer. `
Terty , E.
Fort.,�o..Collins�
2. Additional Retaining wall north of Casey's Carwash:
Item 1 - Original contract does not include the design for a retaining wall needed along Zieman's property
line. Cost also includes re -design of retaining wall due to the reduction in height changing design
parameters.
Item 2 - During value engineering, it was determined to be more cost effective to remove the McClelland
Bridge/Culvert paralleling McClelland Blvd and the guideway was re -designed into mix traffic on
McClelland. Bridge design was incorporated as part of CO #4, and thus removed resulting in a credit to
the City.
Item 3 - During redesign of the guideway alignment onto mixed traffic, it was determined that the bridge
needed to be widened and a Concrete Box Culvert was added.
Michael Baker Jr, INC's original submitted request on May 1, 2011 was for a reduction of cost of
$3533.44 (credit to the City). The City's ICE estimated a credit to the City in the amount of $7,057.20.
Cost difference during the negotiation process on December 13, 2011 showed that the City had slightly
underestimated the hours that Michael Baker Jr, INC's would need in order to complete the work. The
final agreed upon price was a total budget reduction of $-3644.50. This negotiated cost is found to be
reasonable based on the scope of work. See attached ICE.
Oryd
Fort) lhns
Date of Estimate: 29-Apr-11
Contract Type: T&M Min Cap
Emsfing Contract or PO (Y/N): Y
Michael Baker Jr,. INC Change Order # 8
Independent Cost Estimate 2 - Additional Retaining Wall North of Casey's Carwash
Original Scope 7073 Mason Corridor MAX BRT Final Design
Description of Services: Supplement for Engineering Design Professional services, per the original Michael Baker Jr., INC contract PO# 9957149, dated December 1, 2009. This service will conclude the final design phase of the BRT
Project. This independent cost estimate will include 3 seperate items. Item 1 - Original contract does not include the design for a retaining wail needed along Zieman's property line. Cost also includes re -design
of retaining wall due to the reduction in height thus changing design parameters. Item 2 - Removal of McClelland Bddge/Culven paralleling McClelland design resulting in a credit to the City. Item 3 - The
McClelland Bridge/Culvert paralleling McClelland design was replaced with a CBC Bridge and a new wall resulting in a cost savings. Time will be used by Michael Baker Jr, INC staff in order to facilitate these
changes. These services by Michael Baker Jr., INC are necessary to progress the project into the construction phase, a budget supplement is warranted.
Cost of Services. Repairs, or Non -Standard Items
Item/Task:
Materials of Work Description
Other Direct
Labor Rate
Labor
Labor Class
Allocated
SG&A'
Profit
TOTAL
Costs
($)
Hours
Overhead
Sr. Project Manager - Retaining
$ 158.70
40
$ 6,348.00
Wall and Bridge
Project Engineer - Retaining
$ 104.27
BO
$ 8,341.60
Wall
Project Engineer - Bridge
$ 104.27
120
$ 12,512.40
AutOCAD Technician - Bridge
$ 86.72
140
$ 12,140.80
Original Bridge CO #4
$ (46,400.00)
S (46,400.00)
Total 380 $ (7,05720)
•Satirq, UMral a,q Nmr,WnlM Egwrwa
Signature of Preparers `
Ta yrW . .E.._._._.._..._--
of
Fort` ollins
3. Mason Street/BNSF Ballast Conversion: Original final design contract does not include the design
of the ancillary support elements necessary to support the BNSF track rehabilitation area in the
Downtown area per City agreement with BNSF. Multiple plan sheets will require updating and additional
sheets generated as a result of the changes and include but not limited to: roadway, drainage and striping.
Michael Baker Jr, INC's original submitted request on May 1, 2011 was for $24,742.43 and the City's
ICE was estimated at $35,248.00. Cost difference during the negotiation process on December 13, 2011
showed that the City had slightly overestimated the hours that Michael Baker Jr, INC's would need in
order to complete the work. The final agreed upon price was $24,742.43. This negotiated cost is found to
be reasonable based on the scope of work. See attached ICE.
n
6ryo1
,Fort1;11
Date of Estimate: 29-Apr-11
Contract Type: T&M with Cap
Existing Contract or PO (Y/N): Y
Michael Baker Jr,. INC Change Order # 8
Independent Cost Estimate 3 - Mason Street/BNSF Ballast Conversion
Original Scope 7073 Mason Corridor MAX BRT Final Design
Description of Services: Supplement for Engineering Design Professional services, per the original Michael Baker Jr., INC contract PO# 9957149, dated December 1, 2009. This service will conclude the final design phase of
the BRT Project. Original contract does not include the design of the implementation of Ballasted Railroad section to be installed by BNSF in the Downtown area per City agreement with BNSF.
Multiple plan sheets are to be updated and additional sheets will be generated as a result of the changes and include but not limited to: roadway, drainage and striping. Time will be used by Michael
Baker Jr, INC subcontractor Hartwig in order to facilitate these changes. This service by Michael Baker Jr., INC is necessary to progress the project into the construction phase, a budget supplement
is warranted.
Cost of Services, Repairs, or Non -Standard Items
IteMTask:
Materials or Work Description
t er
Direct
Costs
Labor Rate
($)
Labor
Hours
Labor Class
Allocated
Overhead
SGBA'
Profit
TOTAL
Sr. Project Manager
$ 158,70
40
$ 6,348.00
Roadway Engineer
$ 104.27
100
$ 10.427.00
Roadway AutoCAD Technician
$ 79.63
100
$ 7,963.00
Floodplain Engineer
$ 105.10
100
$ 10,510.00
Total 240 $ 35,248.00
Signature of Preparer.
Te , P.E.
4. ROW Plan Changes: Major design changes were necessary for the route of the guideway as well as
station designs for McClelland Blvd, Harmony, Horsetooth, and Bay Farm. Due to Value Engineering
report and subsequent Environmental Re -Evaluation, it was determined to be more cost effective to move
the guideway off of the Latimer County Canal to mixed use on McClelland. As a function to incorporate
Transforts operational requirements at Harmony, Horsetooth and Bay Farm, the stations were relocated
and their respective platform designs were changed from a single sided platform station to a double sided
platform. Due to these changes, multiple parcels were affected and it was deemed necessary for changes
to the Right of Way for the re -design. Michael Baker Jr, INC's original submitted request on May 1,
2011 was for $4,000.00 and the City's ICE was estimated at $6,584.80. Cost difference during the
negotiation process on December 13, 2011 showed that the City had slightly overestimated the hours that
Michael Baker Jr, INC's would need in order to complete the work. During the negotiation process on
December 13, 2011; the final agreed upon price was $4,000.00. This negotiated cost is found to be
reasonable based on the scope of work. See attached ICE.
"Fort Collins
Date of Estimate: 29-Apr-11
Contract Type: T&M with Cap
Existing Contract or PO (YIN): Y
Michael Baker Jr,. INC Change Order Al 8
Independent Cost Estimate 4 - ROW Plan Changes
Original Scope 7073 Mason Corridor MAX BRT Final Design
Description of Services: Supplement to Engineering Design Professional services, per the original Michael Baker Jr., INC contract PON 9957149, dated December 1, 2009. This service will conclude the final design phase of
the BRT Project. Work includes right of way updates for new guideway alignment and station locations per the Environmental Re -Evaluation. Not contemplated in Re -Evaluation change order. Time
will be used by Michael Baker Jr, INC staff in order to facilitate these changes. This service by Michael Baker Jr., INC is necessary to progress the project into the construction phase, a budget
sunnlement is warranted
Cost of Services, Repairs, or Non -Standard Items
ItenUTask:
Materials or Work Description
Other
Direct
Labor Rate
($(
Labor
Hours
Labor Class
Allocated
Overhead
SG&A'
Profit
TOTAL
Sr. Project Manager
$ 158.70
4
$ 634.80
Surveyor
$ 95,00
20
$ 1,900.00
Survey Technician
$ 67.50
60
$ 4,050.00
Total 84 $ 6,594.80
/ -S.Nry,(:aroNSM MnxmtraYw Eqx w..
Signature of Prepare,.
Te rrell
For°of
t�Collins
5. Additional meeting and PM time due to revised schedule: During City negotiations with
stakeholders, Michael Baker Jr., INC, Hartwig and IBI were asked by the City to participate in important
meetings during a 3 month project timeframe that the project was on hold due to final negotiations with
BNSF. This was necessary to increase communication between the City and Baker in order to respond to
stakeholder's requests in a timely manner.. Michael Baker Jr, INC's original submitted request on May
1, 2011 was for $81,399.18 and the City's ICE was estimated at $69,412.00. The difference in cost was
due to the City's underestimated hours needed for meeting time for important managerial level staff
members. During the negotiation process on December 13, 2011; the final agreed upon price was
$81,399.18. This negotiated cost is found to be reasonable based on the scope of work. See attached
ICE.
Michael Baker Jr,. INC Change Order # 8
Forrtt Collins
cIndependent Cost Estimate 5 - Additional Meeting and PM time Due to Revised Schedule
Original Scope 7073 Mason Corridor MAX BRT Final Design
Date of Estimate: 29-Apr-11
Contract Type: T&M with Cap
Existing Contract or PO (Y/N): Y
Description of Services: Supplement for Engineenng Design Professional services, per the original Michael Baker Jr., INC contract PO# 9957149, dated December 1, 2009. Additional meeting time, project coordination and
meeting preparation for Senior Design staff to assist the City for a 3 month duration while design is on hold to negotiate with BNSF. This service by Michael Baker Jr., INC is necessary to progress the
project into the construction phase, a budget supplement is warranted.
Cost of Services, Repairs, or Non -Standard Items
Item/Task:
Other
Labor Rate
Labor
Allocated
Materials or Work Description
Direct
c
($)
Hours
Labor Class
Overhead
SG&A'
Profit
TOTAL
Sr. Project Manager - Galina
$ 180.98
BO
$ 14,478.40
Leiphart
Sr. Project Manager - Craig
$ 158.70
80
$ 12,696.00
Friesen
Project Engineer - Judie Snyder
$ 104.27
80
$ 8,341.60
Sr. Project Engineer (Hartwig) -
$ 135.00
80
$ 10,800.00
Dan Stevenson
Project Manager (Hartwig) - Joe
$ 85.00
80
$ 6,800.00
Park
Sr. Project Manager (IBI) - Sal B
$ 84.60
80
$ 6,768.00
Project Engineer (I BI)- Patrick
$ 72.40
80
$ 5,792.00
Butler
Project Engineer (IBI) - Rachel
$ 46.70
80
$ 3,736.00
O
Total 560 $ 69,412.00
/ { // 'S�bry. Genr�laM MmvirlralHe Eipon�a
Signature of Preparer.
Te yrre .E.
Purchase Ordcr Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from one and local taxes. our Exemption Number is 11. NONWAIVER,
984M502. Federal Excise Tax Exemption Certificate of Registry 84-60MS97 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms 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 pmvidcd hcrcin or by law. failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall tut rdcasc the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either whim shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be deemed a ssaivcr of any right of the
damage in transit may be rammed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict perfomanee hens for any of its rights at remedies as to any such gor&. regardless
instructions from the City of Fan Collins, of when shipped, received or accepted. as to any prim at subsequent default hereunder, not shall any purported
on] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS ate 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 pan of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from 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 esecnning this
purchase order, the Scllcr hereby assigns to the Purchaser any and all claims it nary now have or hcrea0er
Freight Tetras. Shipments must be F.O.B., City of run Collins. 7(10 Wood St.. Fort Collins. CO 86522. nnlcss 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 (might purchased or acquired by the Purchaser pursunnt In this purchase order.
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distanm. Where manuf cturem have distributing points in various pans of the country. shipment is If the Purchaser directs the Seller to connect nonconforming or defective good by a date to be agreed upon by the
expected form the nearest distribution point to destination. and excess freight will be deducted front Invoice when Purchaser and the Seller, and the Seller themalter indicates its inability or unwillingness to comply, the Purchaser
shipments arc made front greater distance. may cause the work to be PerforatedPerforatedby the most expeditious means available to it. and the Seller shall pay all
costs associated with such work. -
Permits. Seiler shall procure at sellers sole cost all necessary permits, eenificates and licenses required by all
applicable laws, regulations, ordinances and rates of the state. municipality, territory err political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller Father agrees to hold the City of Fan Collins hamlcss from and against all liability and loss
incurred by them by reason of an asscned or cstablishcd violation ofany such laws, regulations, ordinances, rates
and requirements.
Authorization. All panics to this contract agree that the representatives are. in fact, bona ftdc and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tans and conditions stated
herein set forth and any supplementary or additional teats and conditions annexed hereto or incorpromed herein by
reference. Any additional or different trans and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PI.FASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your
Promised delivery date as noted. Time is of the essence. Delivery and perfnrmance must be effedal within the time
stated on the pumhrsc order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay.
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing 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 arc beyond its reasonable control and without its fault ofacgligence,
such acts of God, acts ofcivil or military authorities. governmental priorities, firs, strikes flood, epidemics, wars or
riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days Of the
time when the Seiler first received knowledge thereof In the event ofany such delay. the date of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3.WARRANTY.
The Seller wamn¢ that all goads, articles, materials and work covered by this order will conform with applicable
drawings, specifications. samples and/ar other descriptions given. will be fit for the porpnscs intended, and
perfumed with the highest degree of cam and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss damage or expense which the
Purchaser may suffer Or incur ran account of the Sellers breach of aammy. 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 he prescribed by law or by the terms ninny applicable wamnty provided by the Seller after the date of
acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done err materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute n wither ofany claim under this warranty. Except as otherwise pmvidcd in this purchase order, the Scllcrs
liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warm, arms
or guarantees, but such liability shall in no anent include loss ofpro8ts or loss of usc. 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 dcletious from
the quantities originally ordered in the specifications or drawings, by verbal or written clangs order. If any such
change affects the amount due or the time ofperfomance hereunder, an equitable adjustment .shall be not
fi. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goads then ram shipped, subject to any cquimblc adjustment betwmn the panics as to any work or mnterely then in
Progress provided that the Purchaser shall not be liable for any claims for antieipr cd 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 struck. No such mrnimation shall mlicvc
the Purchaser or the Seiler ofany oftheir obligations as to any good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim far adjustment must be asserted within thirty (30) days From the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wamnts that all good sold hereunder shall have been produced. sold, delivered and famished in strict
compliancc with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and min lotion required to be
incorporated in aglecnunts of this character art hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hamlcse from all costs and damages suffered by the Purchaser as a result of the
Sellee failure to comply with such law.
9. ASSIGNMENT.
Neither parry 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 Seiler wamnts PoII, 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 rand claims of others.
The Seller shall release the Purchaser rand 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 parry released and shall extend to the
direcom officers and employees ofsuch party.
The Seller's contractual obligations, including %yamnN, shall not be deemed to he 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 indcmni(v 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 nftcr the completion of the work. In case said equipment or
any pan thereof or the intended rise 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 mid equipment or pans, replace the same with substantially equal but
noninfringing equipment, of modify it so it becomes anninfringin6.
15. INSOLVENCY.
If the Seller shall become insolvent at brnknim. make an assignment for the benefit of creditors, .appoint a
receiver or trustee for any of the Scllcrs property or busi new. this order may forthvi th be canceled by the
Purchaser without liabiliy.
16. GOVERNING LAW.
The definitions of toms used or the interpretation of the agreement and the rights of MI panics hacundcr shall be
eoastrued under and groomed by the Imes of the State of Calomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hcreander.
including the senices of Scllcr Representitive(s). on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall cam oa said work at Seller's own risk until the mine is fully completed and accepted, and shall,
in ease of any accident. deitruetion or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the wrisfacrion of the Purchaser, when materials
and equipment are famished by others for installation or erection by the Seller. the Scllcr shall receive, unload,
state and handle same at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seiler under the order.
19. INSURANCE.
The Seiler shall. at his own expense, provide for the payment of workers compensation, including occupalional
disease hmefits. 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 slate in which the work is to be done The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and antomobile public
liability insurance with bodily injury and death limits of rat (cast 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 ema,comfon and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of athers. the Seller shall finish the Purchaser with a cenifientc
that such compensation and insurance have been provided. Stich certificates shall specify the date when such
compensation and insumnee have becn provided. Such eenifientes shall specify the date when such compensation
and insurance expires. The Scllcr agrees that such compensation and insurance shall he maintained until of er the
cntirc work is complewd and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Scllcr hcrcbv assumes the entire responsibility and liability for any and ill 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 Scllcr will indemnify and hold harmless the Purchaser and any
or 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 ofany act, action, neglect, omission or default on the pan of the Seller, any of his
connectors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or itsofficers. agents or employees al any time on account or
by rcrson of any act, action, neglect, omission or default of the Seller ofany of his contractors or any of is 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 crusts, 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 pruccedings, and in ass judgment or other lien be placed upon or
obtained against the property ofthc Purchaser, or said panics in or as a msolt 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 goads necessary for the prevention of
accidents, comply with all Imes and reEntlations with regard to safety including. but without limitation, the
Occupational Safety and Health Act of 1970 and all otles and regulations issued pursuant thereto.
Revised 03/2010
City of
� Collins
�� tom,
6. Resubmittal of 65% FTA Plan set: As a function of the Environmental Re -Evaluation, it was
determined to be more cost effective to move the guideway off of the Larimer County Canal to mixed use
on McCLelland. As a function of incorporating Transforts operational requirements at Harmony,
Horsetooth and Bay Farm, the stations were relocated and their respective platform designs were changed
from a single sided platform station to a double sided platform. Additional plan changes were necessary
as part of the re -alignment and include: Ballast section downtown, University Station, Station cladding,
MISFITS plans, Drainage changes due to new information (existing pond behind King Soopers not
available), and Bay Farm Station Modifications. Due to these changes, an Environmental Assessment
Re -Evaluation was completed and in turn requiring a resubmittal for the 65% plan set to the FTA. This
extra FTA submittal along with a QA review for the submittal was not included in the McClelland re-
design change order #3, and thus added in this change order. Michael Baker Jr, INC's original submitted
request on May 1, 2011 was for $9,143.93 and the City's ICE was estimated at $6,793.60. The difference
in cost was due to the City's underestimated hours needed to complete the scope of work. During the
negotiation process on December 13, 2011; the final agreed upon price was $9,143.93. This negotiated
cost is found to be reasonable based on the scope of work. See attached ICE.
7
City of
Fort�=s
Date of Estimate: 29-Apr-11
Contract Type: T&M with Cap
!sting Contract or PO (Y/N): Y
Michael Baker Jr,. INC Change Order # 8
Independent Cost Estimate 6 - Resubmittal of 65% FTA Plans Set
Oriainal Scooe 7073 Mason Corridor MAX BRT Final Design
Description of Services: Supplement for Engineering Design Professional services, per the original Michael Baker Jr., INC contract PO# 9957149, dated December 1, 2009. This service will
conclude the final design phase of the BRT Project. Michael Baker Jr, INC submitted 65% plans and then resubmitted 65% plans with EA re-evaluation. Two 65% submittals
not anticipated in Re -Evaluation change order.. Work also includes QA/QC. No change to design only packaging. Time will be used by Michael Baker Jr, INC staff in order to
facilitate these changes. This service by Michael Baker Jr., INC is necessary to progress the project into the construction phase, a budget supplement is warranted.
Cost of Services, Repairs, or Non -Standard Items
Item/Task:
Other
Labor Rate
Labor
Allocated
Materials or Work Description
Direct
(_)
Hours
Labor Class
Overhead
SG&A'
Profit
TOTAL
Costs
Sr. Project Manager
$ 180.98
20
$ 3,619.60
Project Engineer -
$ 158.70
20
$ 3,174.00
Total 40 $ 6,793.60
Gael uv AOii4i "&. Ey. .v,
Signature of Preparer:
Ter yrrell, .
of
�ort� Collins
7. Branding: Sage changed the direction of the design at the request of the City to incorporate branding
into the lighting elements at each station. Process included meeting, and design time by Sage to facilitate
these changes. Michael Baker Jr, INC's original submitted request on May 1, 2011 was for $5,000.00
and the City's ICE was estimated at $3,000.00. The City felt that this amount was inflated per the scope
of work, and during the negotiation process on December 13, 2011; the final agreed upon price was
$2,500.00. This negotiated cost is found to be reasonable based on the scope of work. See attached ICE.
01y of
Fort C�1S
Date of Estimate: 29-Apr-11
Contract Type: T&M with Cap
fisting Contract or PO (Y/N): Y
Michael Baker Jr,. INC Change Order # 8
Independent Cost Estimate 7 - Branding
Oriainal Scooe 7073 Mason Corridor MAX BRT Final Desian
Description of Services: Supplement for Engineering Design Professional services, per the original Michael Baker Jr., INC contract PO# 9957149, dated December 1, 2009. This service will
conclude the final design phase of the BRT Project. Additional branding work and meetings due to design evolution. This service by Sage is necessary to progress the
project into the construction phase, a budget supplement is warranted.
Cost of Services, Repairs, or Non -Standard Items
Itemrrask:
Materials or Work Description
Other Direct
Costs
Labor Rate
($)
Labor
Hours
Labor Class
Allocated
Overhead
SG&A'
Profit
TOTAL
Sage
$ 100.00
30
$ 3,000.00
Total $ 3,000.00
'SeRrg, General and AtrNNSVative Expenses
Signature of Preparers e\c" —/v _
TerpfTyrrell, P.E.
Fort Collins
8. DTC Station Implementation: Michael Baker Jr, INC's original scope of services did not include
the design of the Downtown Transit Center (DTC) modifications to incorporate a stop in this location.
Change order #2 included Civil design work only for the DTC necessary to accommodate bus turning
movements. This change order includes the MIS, ITS, Station Architecture and lighting plans as it relates
to the DTC. Process includes meeting, and design time by Michael Baker Jr., Inc, IBI and Jim Sell
Design to facilitate these changes. Michael Baker Jr, INC's original submitted request on May 1, 2011
was for $67,216.79 and the City's ICE was estimated at $50,962.80. The difference in cost was due to the
City's underestimated hours needed to complete the scope of work. During the negotiation process on
December 13, 2011; the final agreed upon price was $67,216.79. This negotiated cost is found to be
reasonable based on the scope of work. See attached ICE.
cit�
01
��f
Date of Estimate: 29-Apr-11
Contract Type: T&M with Cap
fisting Contract or PO (Y/N): Y
Michael Baker Jr,. INC Change Order # 8
Independent Cost Estimate 8 - DTC Station Implementation
Original Scope 7073 Mason Corridor MAX BRT Final Design
Description of Services: Supplement for Engineering Design Professional services, per the original Michael Baker Jr., INC contract PO# 9957149, dated December 1, 2009. This service will
conclude the final design phase of the BRT Project. Revisions includes the MIS, ITS, Station Architecture and lighting plans as it relates to the DTC. DTC modifications
were not anticipated with Michael Baker Jr, INC original scope of work. Includes meeting and design time by Michael Baker Jr., Inc, IBI and Jim Sell Design to facilitate
these changes. This service by Michael Baker Jr., INC is necessary to progress the project into the construction phase, a budget supplement is warranted.
Cost of Services, Repairs, or Non -Standard Items
Itemrrask:
Other Direct
Labor Rate
Labor
Allocated
Materials or Work Description
Labor Class
SG&A'
Profit
TOTAL
Costs
($)
Hours
Overhead
Project Engineer (Structural and
Lighting)
$ 118.35
80
$ 9,468.00
AutoCAD Technician (Structural
and Lighting)
$ 69.06
80
$ 5,524.80
IBI - Sal
$ 84.60
100
$ 8,460.00
IBI - Rachel
$ 46.70
100
$ 4,670.00
IBI - Patrick
$ 72.40
100
$ 7,240.00
Sr. Landscape Architect - Jim
Sell
$ 110.00
80
$ 8,800.00
Landscape Architect - Jim Sell
$ 85.00
80
$ 6,800.00
Total $ 50,962.80
'Sei g. General and Adrinlstrative Expenses
Signature of Preparers
Te Tyrrell, .
Fort Collins
9. Whole Foods Parking Change: Original scope of work did not anticipate necessary parking per real
estate acquisition requirements thus needing modifications to the parking lot, grading, drainage, irrigation,
landscaping and striping plan sheets. Modifications to the drainage calculations were also necessary due
to the increase in impervious area and drainage patterns. Michael Baker Jr, INC's original submitted
request on May 1, 2011 was for $14,957.33 and the City's ICE was estimated at $19,564.80. The
difference in cost was due to the City's overestimated hours needed to complete the scope of work.
During the negotiation process on December 13, 2011; the final agreed upon price was $14,957.33. This
negotiated cost is found to be reasonable based on the scope of work. See attached ICE.
10
of
,Fo-rt�nColtins
Date of Estimate: 29-Apr-11
Contract Type: T&M with Cap
fisting Contract or PO (Y/N): Y
Michael Baker Jr,. INC Change Order # 8
Independent Cost Estimate 9 - Whole Foods Parking Change
Orioinal Scooe 7073 Mason Corridor MAX BRT Final Desian
Description of Services: Supplement for Engineering Design Professional services, per the original Michael Baker Jr., INC contract PO# 9957149, dated December 1, 2009. This service will
conclude the final design phase of the BRT Project. Original scope of work did not take into consideration parking per real estate acquisition requirements and
modifications are needed to the following items: parking lot, grading, drainage, drainage calculations, irrigation, landscaping and striping plan sheets. This was a function
of the real estate acquisition requirements per private property owners @ University Plaza Parcel and Zissu Parcel. Time will be used by Michael Baker Jr, INC, Jim Sell
and Aqua staff in order to facilitate these changes. This service by Michael Baker Jr., INC is necessary to progress the project into the construction phase, a budget
supplement is warranted.
Cost of Services, Repairs, or Non -Standard Items
Item/Task:
Materials or Work Description
Other Direct
Costs
Labor Rate
($)
Labor
Hours
Labor Class
Allocated
Overhead
SG&A•
Profit
TOTAL
Sr. Roadway Project Manager
$ 158.70
8
$ 1,269.60
Roadway Project Engineer
$ 111.37
40
$ 4,454.80
AutoCAD Technician
$ 79.63
80
$ 6,370.40
Sr. Drainage Engineer
$ 150.00
8
$ 1,200.00
Drainage Project Engineer
$ 105.00
40
$ 4,200.00
Sr. Landscape Architect
$ 110.00
2
$ 220.00
Landscape Architect
$ 85.00
10
$ 850.00
Irrigation Design Consultant
$ 100.00
10
$ 1.000.00
Total 128 $ 19,564.80
'$eYrq, General an0 A6riNSVa4ve axpenses
Signature of Preparers
,.�of
t`Collins�
10. Automated Guideway Gates: Automated guideway gates were added in accordance with the City's
agreement with BNSF in order to limit unauthorized traffic on the BRT guideway within the railroad right
of way. Automated gates were added at Harmony, Horsetooth, Drake, McClelland, Prospect, Lake, Pitkin
and University. These gates were not a part of the original scope of work. Michael Baker Jr, INC's
original submitted request on May 1, 2011 was for $16,219.88 and the City's ICE was estimated at
$13,840.50. The difference in cost was due to the City not considering work needed from Hartwig in
ICE. During the negotiation process on December 13, 2011; the final agreed upon price was $16,219.88.
This negotiated cost is found to be reasonable based on the scope of work. See attached ICE.
11
Fort Cottins
Date of Estimate: 29-Apr-11
Contract Type: T&M with Cap
fisting Contract or PO (Y/N): Y
Michael Baker Jr,. INC Change Order # 8
Independent Cost Estimate 10 - Automated Guideway Gates
Original Scope 7073 Mason Corridor MAX BRT Final Design
Description of Services: Supplement to Engineering Design Professional services, per the original Michael Baker Jr., INC contract PO# 9957149. dated December 1, 2009. This service will
conclude the final design phase of the BRT Project. Automated guideway gates were a necessary addition to project for Citys agreement with BNSF. Automated gales
were added at Harmony, Horsetooth, Drake, McClelland, Prospect, Lake, Pitkin and University. Hartwig is not considered in ICE. Time will be used by Michael Baker Jr,
INC staff in order to facilitate these changes. This service by Michael Baker Jr., INC is necessary to progress the project into the construction phase, a budget
supplement is warranted.
Cost of Services, Repairs, or Non -Standard Items
Item(rask:
Other Direct
Labor Rate
Labor
Allocated
Materials or Work Description
Costs
(5)
Hours
Labor Class
Overhead
SG&A'
Profit
TOTAL
Sr. Project Manager Craig
$ 158.70
15
$ 2,360.50
Frieson
Project Engineer
$ 111.37
60
$ 6,682.20
AutoCAD Technician
$ 79.63
60
$ 4,777.80
Total 135 $ 13,840.50
l 'Being. General and Adrinisva0ve Expenses
Signature of Preparers
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Fort Collins
11. Maple and Mason Intersection: Michael Baker Jr., INC was asked to evaluate the movements from
the Downtown Transit Center exit through the Maple/Mason intersection as the buses turn around and
begin southbound operations due to design change. Baker to run turning templates to come up with
concepts to make movement achievable. Michael Baker Jr, INC's original submitted request on May 1,
2011 was for $5,325.13 and the City's ICE was estimated at $00.00. The City determined that even
though there was a design change at the Downtown Transit Center, this work would have been necessary
regardless and was part of a prior agreement. This work is not additional, and thus the City declined to
compensate for this work. During the negotiation process on December 13, 2011; the final agreed upon
price was $00.00. This negotiated cost is found to be reasonable based on the scope of work.
12
City of
r Fort Collins
12. Two -Way Conversion Blank Out Signs: Original Michael Baker Jr, INC's design contract states
that Mason Street 2-way conversion is to be a separate project independent from BRT. Two-way
conversion elements were then added to the BRT project adding the following tasks: verify and
incorporate existing conditions, signal design, signal signing and coordination with City Traffic for the
LaPorte, Mountain, Olive and Mulberry intersections. Item includes 3 review meetings with City traffic.
Michael Baker Jr, INC's original submitted request on May 1, 2011 was for $16,291.92 and the City's
ICE was estimated at $22,960.70. The difference in cost was due to the City's overestimated hours
needed to complete the scope of work. During the negotiation process on December 13, 2011; the final
agreed upon price was $16,291.92. This negotiated cost is found to be reasonable based on the scope of
work. See attached ICE.
13
Michael Baker Jr,. INC Change Order # 8
0ityol Independent Cost Estimate 12 - 2-Way Conversion Signals to BRT Plans
FortCollins Original Scope 7073 Mason Corridor MAX BRT Final Design
Date of Estimate: 29-Apr-11
Contract Type: T&M with Cap
listing Contract or PO (Y/N): Y
Description of Services: Supplement for Engineering Design Professional services, per the original Michael Baker Jr., INC contract PO# 9957149, dated December 1, 2009. Supplemental
requirements per BNSF agreement and negotiating for Mason Street Two-way conversion was added to the BRT project adding the following tasks: meeting time, verify
and incorporate existing conditions, signal design, signing and coordination with the City Traffic department for the LaPorte, Mountain, Olive and Mulberry intersections.
Time will be used by Michael Baker Jr, INC, staff in order to facilitate these changes. This service by Michael Baker Jr., INC is necessary to progress the project into the
construction phase, a budget supplement is warranted.
Cost of Services, Repairs, or Non -Standard Items
Item/Task:
Materials or Work Description
Other Direct
Labor Rate
Labor
Labor Class
Aglocated
SG&A`
Profit
TOTAL
Costs
($)
Hours
Overhead
Sr. Project Manager
$ 158.70
10
$ 1,587.00
Project Engineer
$ 111.37
70
$ 7,795.90
AutoCAD Technician
$ 79.63
60
$ 4,777.80
Sr. Project Engineer (Hartwig) -
Dan Stevenson
$ 135.00
40
$ 5,400.00
Project Manager (Hartwig) - Joe
Park
$ 85.00
40
$ 3,400.00
Total 220 $ 22,960.70
\ 'Setinp, Gweral wdAdnwisVaUre Expenses
Signature of Preparer. 1 j
Fort OCollins
13. MSO Modeling: Ayres wide area preliminary drainage model required updates and revisions by
Michael Baker Jr, INC's to complete the final design that led to design modifications. Scope to include:
update the inroads model for EPASWMM hydraulic design, update BRT lateral hydraulics and flow
routing, updating the plan and profile sheets, 2 review of model, and l meeting. Michael Baker Jr, INC's
original submitted request on May 1, 2011 was for $17,272.10 and the City's ICE was estimated at
$13,712.60. The difference in cost was due to the City's underestimated hours needed to complete the
scope of work. During the negotiation process on December 13, 2011; the final agreed upon price was
$17,272.10. This negotiated cost is found to be reasonable based on the scope of work. See attached
ICE.
14
Cilyo!
Collins
Fort
Date of Estimate: 29-Apr-11
Contract Type: T&M with Cap
fisting Contract or PO (YIN): Y
Michael Baker Jr,. INC Change Order # 8
Independent Cost Estimate 13 - MSO Modeling
Original Scope 7073 Mason Corridor MAX BRT Final Design
Description of Services: Supplement for Engineering Design Professional services, per the original Michael Baker Jr., INC contract PO# 9957149, dated December 1, 2009. Ayres produced
preliminary drainage model which Michael Baker Jr., INC needed to complete to final design level. Time will be used by Michael Baker Jr, INC staff in order to facilitate
these changes. This service by Michael Baker Jr., INC is necessary to progress the project into the construction phase, a budget supplement is warranted.
Cost of Services, Repairs, or Non -Standard Items
Item/rask:
Materials or Work Description
Other Direct
Labor Rate
Labor
Labor Class
Allocated
SGB,A"
Profit
TOTAL
Costs
($)
Hours
Overhead
Sr. Project Engineer(Hartwig)-
Dan Stevenson
$ 135.00
8
$ 1,080.00
Project Manager (Hartwig) - Joe
Park
$ 85.00
40
$ 3.400.00
Drainage Engineer
$ 111.37
40
$ 4,454.80
AutoCAD Technician
$ 79.63
60
$ 4,777.80
Total 148 5 13,712.60
\ 'Serve, Gmeral and AddnisVa4ve Expenses
Signature of Preparers
Fort Collins
14. Fence and Landscaping Property Barrier: Work includes detailing a split rail fence with
landscaping around it. This was not expected in original contract. The City's Planning Department
required additional fence and landscape requirements along portions of the BRT corridor. Michael Baker
Jr, INC's original submitted request on May 1, 2011 was for $609.84 and the City's ICE was estimated at
$900.00. The difference in cost was due to the City's overestimated hours needed to complete the scope
of work. During the negotiation process on December 13, 2011; the final agreed upon price was $609.84.
This negotiated cost is found to be reasonable based on the scope of work. See attached ICE.
15
Michael Baker Jr,. INC Change Order # 8
CITYof rIndependent Cost Estimate 14 - Fencing & Landscaping Property Barrier
ForttCollins
Oriainal ScoDe 7073 Mason Corridor MAX BRT Final Design
Date of Estimate: 12-Dec-11
Contract Type: T&M with Cap
dsting Contract or PO (Y/N): Y
Description of Services: Supplement for Engineering Design Professional services, per the original Michael Baker Jr., INC contract PO# 9957149, dated December 1, 2009. Work includes
detailing a split rail fence with landscaping around it that City Planning Dept required as part of the design review. Time will be used by Michael Baker Jr, INC's
subcontractor Jim Sell Design in order to facilitate these changes. This service by Michael Baker Jr., INC is necessary to progress the project into the construction
phase, a budget supplement is warranted.
Cost of Services, Repairs, or Non -Standard Items
Item/Task:
Materials or Work Description
Other Direct
Costs
Labor Rate
($)
Labor
Hours
Labor Class
Allocated
Overhead
SG&A'
Profit
TOTAL
Sr. Landscape Architect
$ 110.00
2
$ 220.00
Landscape Architect
$ 85.00 i
8
$ 680.00
Total $ 900.00
'Seing. General anOAdmNsaahve Expenses
Signature of Preparers
Fort Collins
15. Casey's Carwash Additional Services: During real estate negotiations, additional information
provided by the property owner that had major operational impacts to the original design and
subsequently property impacts and costs. Jim Sell Design (sub to Michael Baker Jr, INC's) was
requested to revise the site plan and cost estimates to comply with previous unknown site operational
characteristics. Work includes revisions to preliminary site plan, meetings, research, concept plans,
turning movements, presentation materials and revisions. Michael Baker Jr, INC's original submitted
request on May 1, 2011 was for $4,938.65 and the City's ICE was estimated at $7,300.00. The difference
in cost was due to the City's overestimated hours needed to complete the scope of work. During the
negotiation process on December 13, 2011; the final agreed upon price was $4,938.65. This negotiated
cost is found to be reasonable based on the scope of work. See attached ICE.
16
a;yf
Fort Collins
Date of Estimate: 12-Dec-11
Contract Type: T&M with Cap
dsting Contract or PO (Y/N): Y
Michael Baker Jr,. INC Change Order # 8
Independent Cost Estimate 15 - Casey's Carwash Additional Services
Original Scope 7073 Mason Corridor MAX BRT Final Design
Description of Services: Supplement for Engineering Design Professional services, per the original Michael Baker Jr., INC contract PO# 9957149, dated December 1, 2009. Work includes
revisions to preliminary site plan per additional information from owner and operation of calwash per real estate negotiations as requested by real estate management
team. Time will be used by Michael Baker Jr, INC subcontractor Jim Sell Design in order to facilitate an updated plan and supporting cost estimate. This service by
Michael Baker Jr., INC is necessary to progress the project into the construction phase, a budget supplement is warranted.
Cost of Services, Repairs, or Non -Standard Items
Item/Task:
Materials or Work Description
Ocher Direct
Costs
Labor.Rate
(b)
Labor
Hours
Labor Class
Allocated
Overhead
SG&A'
Profit
TOTAL
Sr. Landscape Architect
$ 110.00
20
$ 2,200.00
Landscape Architect
$ 85.00
60
$ 6.100.00
Total 5 7,300.00
'Sefng, General and Adrinlsrabve Expenses
Signature of Preparer:
City of
Fort Collins
16. Additional Roadway Design Changes: Work includes the following and were not part of the
original scope or subsequent change orders due to unforeseen field conditions and review comments: 1.
Revision of layout to University Station area plan and the parking lot between Lake street and Pitkin
Street per CSU's review comments, 2. Additional curb and gutter north of Laurel Street, 3. Redesign of
bike/ped path at the guideway intersection with Old Main Street, 4. Removal of ramp at CSU pedestrian
tunnel between University and Old Main. Michael Baker Jr, INC's original submitted request on May 1,
2011 was for $4,339.00 and the City's ICE was estimated at $7,800.00. The difference in cost was due to
the City's overestimated hours needed to complete the scope of work. During the negotiation process on
December 13, 2011; the final agreed upon price was $4,339.00. This negotiated cost is found to be
reasonable based on the scope of work. See attached ICE.
17
Title: 7073 MAX BRT change order #8
Date: 1-30-12
CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE)
Checklist Item
Contract File
Comments
Location
7) Independent Cost Estimate
The City made and documented an
Yes and in the file
independent cost estimate before receipt of
proposals.
10) Unnecessary Experience and
Excessive Bonding
Unnecessary experience and excessive
NA
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
solicitation contains provisions to eliminate or
mitigate the conflict (e.g. by inserting a clause
NO
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
NO
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
NA
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
NA
geographic preference except where Federal
statutes mandate or encourage them.
o;yef
FortCottins
Date of Estimate: 12-Dec-11
Contract Type: T&M with Cap
listing Contract or PO (Y/N): Y
Michael Baker Jr,. INC Change Order # 8
Independent Cost Estimate 16 - Additional Roadway Design Changes
Original Scope 7073 Mason Corridor MAX BRT Final Design
Description of Services: Supplement for Engineering Design Professional services, per the original Michael Baker Jr., INC contract PO# 9957149, dated December 1, 2009. Work includes
layout revision to University Station area plan and the parking lot , additional curb and gutter north of Laurel Street, redesign of bikelped path at the guideway intersection
with Old Main Street, per coordination and review comments from CSU. Time will be used by Michael Baker Jr, INC's subcontractor Hartwig in order to facilitate these
changes. This service by Michael Baker Jr., INC is necessary to progress the project into the construction phase, a budget supplement is warranted.
Cost of Services, Repairs, or Non -Standard Items
Item/Task:
Materials or Work Description
Other Direct
Labor Rate
Labor
Labor Class
Allocated
SG8.A`
Profit
TOTAL
Costs
($)
Hours
Overhead
Sr. Project Engineer (Hartwig) -
Dan Stevenson
$ 135.00
20
$ 2,700.00
Project Manager (Hartwig) - Joe
Park
g 85.00
60
$ 5,100.00
Total $ 7,800.00
'Se6ng, General and AariniseaUve Expenses
Signature of Preparer.
Fort Collins
17. Additional Landscape Design after 90% Submittal: Work includes sketchups models depicting
current landscape scenario and alternatives to illustrate sight lines to stations, their architectural features,
passenger loading areas, and bus operations to satisfy Transfort Bus staff and safety security team.
Additional meetings will also be required to present plans and model for City approval, and discuss and
coordinate landscape design. Michael Baker Jr, INC's original submitted request on May 1, 2011 was for
$3,654.74 and the City's ICE was estimated at $2,375.00. The difference in cost was due to the City's
underestimated hours needed to complete the scope of work. During the negotiation process on
December 13, 2011; the final agreed upon price was $3,654.74. This negotiated cost is found to be
reasonable based on the scope of work. See attached ICE.
CitVof
FoftCollins
�`
Date of Estimate: 12-Dec-11
Contract Type: T3M with Cap
fisting Contract or PO (Y/N): Y
Michael Baker Jr,. INC Change Order # 8
Independent Cost Estimate 17 - Additional Landscape Design after 90%
Original Scope 7073 Mason Corridor MAX BRT Final Design
Description of Services: Supplement for Engineering Design Professional services, per the original Michael Baker Jr., INC contract PO# 9957149, dated December 1, 2009. Work includes
alternatives to illustrate sight lines to stations, passenger loading areas, and bus operations for Transfort Operations and Safety Team to ensure operation of station.
Additional meetings will also be required to present plans and model for City approval, and discuss and coordinate landscape design. Time will be used by Michael Baker
Jr, INC subcontractor Jim Sell Design in order to facilitate these changes. This service by Michael Baker Jr., INC is necessary to progress the project into the
construction phase, a budget supplement is warranted.
Cost of Services, Repairs, or Non -Standard Items
Item/Task:
Materials or Work Description
Other Direct
Labor Rate
Labor
Labor Class
Allocated
SGBA`
Profit
TOTAL
Costs
(b)
Hours
Overhead
Sr. Project Engineer (Hartwig) -
Dan Stevenson
$ 135.00
5
$ 675.00
Project Manager (Hartwig) - Joe
Park
$ 85.00
20
$ 1,700.00
Total $ 2,375.00
\ � 'Sefrp, General and AtrnnisVa6ve Expenses
Signature of Preparer:
15) Contract Term Limitation
The contract period of performance for rolling
stock and replacement parts does not exceed
five (5) years inclusive of options without prior
NA
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
1 • y
technical resources.
2. y
1. Appropriate Financial, equipment, facility
3 y
and personnel. (Y/N)
4.y
2. Ability to meet delivery schedule. (Y/N)
5.y
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
This contract is a sound and complete
agreement. In addition, it includes remedies
Original contract dated 12-1-09
for breach of contract and provisions covering
termination for cause and convenience.
24) Clear, Accurate, and Complete
Specification
A complete, adequate, and realistic
specification or purchased description was
YES
available and included any specifications and
pertinent attachments which define the items
or services sought in order for the bidder to
property respond.
38) Sole Source if other Award is
Infeasible
The contract file contains documentation that
award of 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.)
yes
(2) Public exigency for the requirement did
Number 1
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
Yes and is in the file for each item
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
NA
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
1. yes
of this procurement. At a minimum, these
2. yes sole source
records include:
(1) the rationale for the method of
3. yes
procurement,
4. Baker, FHU and AECOM price
(2) Selection of contract type,
review
(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
NA
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
YES
procurement (complying with the FTA
requirements for a justification, cost analysis
and profit ne otiation).
45) Advance Payment Provisions
The contractor did not receive an advance
payment utilizing FTA funds and the contract
CORRECT
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
YES
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
NO
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
NA
type contract.
49) Liquidated Damages Provisions
This contract contains liquidated damages
provisions and the assessment for damages
NO
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.
NO
2) The procurement file contains: Price
reasonableness determination.
56) Clauses
This contract contains the appropriate FTA
YES
required clauses.
Excluded Parties Search
YES IN THE FILE
EPS run and include in the file.
City
/�. Planning, Development & Transportation
F6rt
i `'}' y of Engineering Department
281 Noh College Avenue
Collins Fort Collin580
s, CO 80522.0580
�— 970.221.6605
970.221.6378 - fax
fcgov.com/engineering D-
Memorandum
To: Jim O'Neil, Director of Purchasing and Risk Management r 1-2,(_)1 1 Z
From: Terry Tyrrell, Consultant Project Manager
Date: 1/27/2012
Re: 7073 Mason Corridor MAX BRT Final Design - Michael Baker Jr,. INC
Change Order # 8 Cost Analysis
Michael Baker Jr, INC requires a supplement for the MAX BRT project due to a project design changes
and additions beyond Michael Baker Jr, INC control. I recommend a budget supplement to finalize their
engineering final design. Attached please find the proposed Change Order #8 from Michael Baker Jr, INC
which requests a budget increase of $286,011.28. I have prepared an Independent Cost Estimate (ICE)
also attached, which is relatively close in cost at $263,123.00. Final negotiated cost between the City and
Michael Baker Jr, INC for the proposed additions and revisions as part of Change order #8 is $272,219.25
Michael Baker Jr, INC should be utilized as sole source for this particular work effort since it would be
less cost effective to have another consultant do this consultant project design work as Michael Baker Jr.
INC has been engaged with the final design of the project, and is the Engineer of Record for the design of
the project. Additionally, hiring Michael Baker Jr, INC for these changes will ensure that we stay on
course with the Project Schedule, Grant Application Schedule Agreement and other agreement
obligations with real estate and BNSF.
In preparing my ICE for this change order, I used previous change order personnel rates from Michael
Baker Jr,. INC and compared them to other consultants doing similar consultant work, such as AECOM
and FRU, and found Michael Baker Jr,. INC rates to be reasonable. I based the estimated number of hours
to perform these services for the ICE on the change order scope of work and from my previous project
related experience with Michael Baker Jr., INC and other projects of similar complexities.
The MAX BRT team met with Michael Baker Jr, INC to discuss change order items #1-13 on May 2,
2011. At this time, we negotiated the prices for items #1-13 and requested additional support information
from Michael Baker Jr, INC. Michael Baker Jr, INC provided support information and change order #14-
17 during a meeting held on December U, 2011. Final negotiations led to the total change order value of
$272,219.25.
gty0f Michael Baker Jr,. INC Change Order # 8
FortCollins Independent Cost Estimate Summary
1'�c Original Scope 7073 Mason Corridor MAX BRT Final Design
ICE #
Change order Item
Bakers Original Proposed Estimate
COFC ICE
Negotiated Price
1
Data Survey Reduction
$
16,933.80
$
9,725.40
$
8,466.90
2
Additional Retaining Wall North of Casey's Carwash
$
(3,533.44)
$
(7,057.20)
$
(3,533.44)
3
Mason Street/BNSF Ballast Conversion
$
24,742.43
$
35,248.00
$
24,742.43
4
ROW Plan Changes
$
4,000.00
$
6,584.80
$
4,000.00
5
Additional Meeting and PM Time Due to Revised Schedule
$
81,399.18
$
69,412.00
$
81,399.18
6
Resubmittal of 65% FTA Plan Set
$
9,143.93
$
6,793.60
$
9,143.93
7
Branding
$
2,500.00
$
3,000.00
$
2,500.00
8
DTC Station Implementation
$
67,216.79
$
50,962.80
$
67,216.79
9
Whole Foods Parking Change
$
14,957.33
$
19,564.80
$
14,957.33
10
Automated Guideway Gates (per agreement with BNSF)
$
16,219.88
$
13,840.50
$
16,219.88
11
Maple and Mason Intersection - Blank Out Signs
$
5,325.13
-
$
-
12
2-Way Conversion Signals to BRT Plans
$
16,291.92
$
22,960.70
$
16,291.92
13
MSO Modeling
$
17,272.10
$
13,712.60
$
17,272.10
14
Fencing & Landscaping Property Barrier
$
609.84
$
900.00
$
609.84
15
Casey's Carwash Additional Services
$
4,938.65
$
7,300.00
$
4,938.65
16
Additional Roadway Design Changes
$
4,339.00
$
7,800.00
$
4,339.00
17
Additional Landscape Design after 90%
$
3,654.74
$
2,375.00
1 $
3,654.74
TOTAL
286,011.28 $ 263,123.00 $ 272,219.25
"Terry Tyrrell, P.E. has prepared this ICE as third party estimates regarding ICE compliation.