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Home My WebLink About180828 COLORADO BORING - PURCHASE ORDER - 9121217City of Fort Collins Date: 03/01/2012 PURCHASE ORDER PO Number Page 9121217 1 of 2 This number must appear on all invoices, packing slips and labels. Vendor: 180828 Ship To: ENGINEERING DEPT-MASON COLORADO BORING CITY OF FORT COLLINS ATTN: JOHN JACOBS ENGINEERING DEPT-MASON 3813 CANAL DR 281 N. COLLEGE AVE FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80524 Delivery Date: 02/29/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Potholing for MAX BRT Project 1 LOT LS 5,655.00 per WO#400903280-12-03 Total $5,655.00 CJ Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 or,of FoortJl`s Date of Estimate: 10-Feb-12 Contract Type: T&M with Cap :isling Contract or PO (Y/N): Y Colorado Boring - Work Order # 3 Independent Cost Estimate Mason Corridor MAX BRT Final Design Work Order 400903280-11-0_ (Qoule # 5501) Description of Services: Additional potholing for utility locates necessary to complete final design. This work order is for 10 additional potholes in paved surfaces. The number of potholes were agreed upon prior to receiving quote. The price list from the original contract was utilized in determining actual costs. Cost of Services, Repairs, or Non -Standard Items Itemll-ask: Other Materials or Work Description Direct tabor Rate Labor Labor Class Overhead SG&A' Profit TOTAL Costs ($) Hours Overhead Mobilization $1000/Ea S 1,000.00 Lane Closure (3 days) 5785/Ea S 2,355.00 day Pothole paved area (10 Potholes) $230/Ea $ 2,300.00 \ _�// -(`C ///// 'senin9, cenerai ana Amnlnrstraiire Exwnaes Signature of Preparers a11Z1'Z-I-� EX141BIT "A„ WORK ORDER FORM PURSUA-NTTO AN AGREEMENT BETWEEN TILE CPPY OF FORT COLUNS and COLORADO BORING DATED: April 26, 2011 Work Order Number: 400903280-12-03 Project Title: Mason Corridor -NIA-X BRT Project Commencement Date: 07J27/12 Completion Date: 03/12,112 Maximum Fee: (time and rebnbumble direct costs): Not to exceed $5,655.00 per Did 47223 Project Description: Potholingfor Mason CorridorNIAXBiR:f Project Scope of Services: Additional potholing for utility locates necessary to complete final design. Ten additional potholes in pawed surfaces. Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this work order (including the attached forms), the Services Agreerent shad control. Service B of vider- B7'\ DV. ;1 -Jz2-2oi.L Appruved By:___ Purchasing Agent over,360,000 The attached forms consisting, of three (3) pages are hereby accepted and incorporated herein by this reference, I and Notice to Proceedis 6ci'etiygiven: City of Fort Collins Bv: cvn Date. z/zdl/Z COLORADoBORMG CO. 812 Queens Ct. Ft. Collins, CO. 80525 970-494-1996 FAX 970-494-4449 Company City of Ft. Collins E Address 626 Linden St. City, State Ft. Collins, CO. 80524 Phone 221-6816 QUOTE Quote # 5501 Date 2/10/2012 PO ft Rep Contact Te-r-rv- City Description Unit Price Total 1 Mobilization $ 1,000.00 0 1-2" Directional Bore $ 8.00 0 2-2" Directional Bore $ 9.50 ................... 0 1-3" Directional Bore $ 8.50 0 2-3" Directional Bore $ 20.00 ....... 0 2-2" & 2-3" Directional Bore $ 24.00 0 Excavation it 2'-2' $ 225.00 0 Excavation pit T-3' $ 365.00 $ .... ............. 0 Excavation pit 4'-4' $ 485.00 0 Excavation pit 5'-5' $ 675.00 ............. 0 2" HOPE pipe $ 0.98 ............... ........ ................ .... 0 3" HOPE pipe 2.45 0 Pothole in Concrete Surface $ 230.00 10 Pothole in Paved Surface $ 230.00 :::::.:2,300.00 0 Pothole in Unpaved Surface $ 155.00 $:........... .......... --52 ... '0 631W .......... ..... ........ R& Wasp Halt:' er.s rfU, (35 'N ifi i ffibfrfi). ;�`N7i U, M0,;fIt Sbt—tV016it'12 60".00, UNi. &IW24�.'rW' 3671--,� S6t--iT 75'00'i .............. Gi 09,;, Wdrcofitr6,vac rr achpde.,hb:Gr)3 011r"'1',1111E-.V* _$ _ ' 4r`,w 125:00! ... ATd,contrdl %7500'00 Mud dontrol d y 800.00, 24766-u-n t'S M Ji 15'6?>Ty . . . . . . . . . . . . �?<i IM1,15-1 p -00! 5.$ M , 0 FdFnish-46dirf9tN I orl 74' 3 ,z L'a h 6. b 1 6s-6 re'� df � d a ::21355.000 Subtotal ::51655;00: Taxes .... ............ . Total; ! 1 65570' Thank You Job Location Mason St. and W. Horsetooth Rd. Ft. Collins,CO. Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tas cncmpt ions By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED doe to failure to meet specifications, either when shipped or due to defects of damage in transit. may be returned to you far credit and arc not to be replaced except upon receipt of written instructions From, the City of Fora Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof, failure ar delay to 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 ofthc design, shall not release the Seller of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights or remedies as to anv such goads, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms 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 an 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 antilmst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact born, by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser anv and all claims it may now have or hereafter Freight Terms. Shipments most 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 Pnmhaser pursuant to this purchase order. bill must 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 If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates it, inability or unwillingness to comply. the Purchaser shipments are made fmm greater distance. may cause the work to be performed by the most expeditious mean., available to it, and the Seller shall pay all rnct, accnriamd w inh cnrh —1, Perouts. Seller shall procure at sellers sole cost all accessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and rates of the state, municipality, tcnitnry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of anv such laws, regulations, ordinances. miles and requirements. Authorisation. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional err different tans and conditions pmpnud by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to ,nice on your promised delivery date as noted. Time is ofthe essence, 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 of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option nfplacing 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 ofeivil or military authorities governmental priorities, fires. strikes, Hood 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 ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable dnwings specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfumed 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 loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wamnty. The Scllcr shall replace, repair Or make good, without cost to the purchaser. any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law at by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goody famished 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 ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnties or guarantees. but such liability shall in no event include loss of profits 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 deletions from the quantities originally ordered in the specifications or drmvings, by verbal or .vrmen change order. If any such change affects the amount due or the time ofperfomaancc hereunder, an equitable adjustment shall be made. 6. TERMINATION& The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods anNor 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 form the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes and regulations required to he 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 wamnts 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 corbactom of any tier fmm 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, officers and employees ofsuch party. The Sellers contractual obligations. including wamnty, shall not be deemed to he reduced, in any way, because such work is performed or caused to be perfumed 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 0r 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 ofthe work. In case said equipment. or any part thereof or the intended use of the goads, 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 pmcure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfiinging. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt, make an assignment for the benefit of creditors, appoint a reccivcr or trustee for any of the Sellers property or business. this order may forthwith be canceled by the Purchamr without liability. 16. GOVERNING LAW. The definitions oformus, used or the interpretation ofthe agreement and the rights efull panics hereunder shall be constmed under and governed by the Taws ofthc State ofCNomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services ot'Scllcrs Representative(s), on the premises cf othcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is Polly completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers no a expense and to the satisfaction of the Purchaser. When materials and equipment are 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 were being furnished by the Scllcr 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 carry comprehensive general liability including, but not limited to, contractual and anto ambile public liability insurance with bMily injury and death limits of rat 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. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when .such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, less or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against nov and all claims, losses, damages, charge or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors effects, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, 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 cmpbwccs 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, atromcys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their effects, agent, or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result ofsuch 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, furnish 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 roles and regulations issued pursuant thereto. Revised 03/2010 Excluded Parties List System Page 1 of 1 Search - Current Exclusions > Advanced Search > Multiple Names > Exact Name and SSN/TIN > MyEPLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocurement Codes Agency & Acronym Information > Agency Contacts > Agency Descriptions > State/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Administration > Upload Login EPLS Search Results Search Results for Parties Excluded by Firm, Entity, or Vessel : Colorado Boring State: COLORADO Country: UNITED STATES As of 02-Mar-2012 4:52 PM EST Save to MyEPLS Your search returned no results. Back New Search Printer -Friendly Resources > Search Help > Advanced Search Tips > Public User's Manual >FAO > Acronyms > Privacy Act Provisions > News System for Award Management > (SAM) Reports > Advanced Reports > Recent Updates > Dashboard Archive Search - Past Exclusions >Advanced Archive Search > Multiple Names > Recent Updates > Browse All Records Contact Information > For Help: Federal Service Desk https://www.epts.gov/epls/search.do 3/2/2012 CHECKLIST FOR SEALED BIDS: BID NO./Title: 7223 Directional Boring Checklist Item Contract File Comments Location 7) Independent Cost Estimate 2-10-12 The City made and documented an independent cost estimate before receipt of proposals. 9) Unreasonable Qualification NO Requirements This solicitation did not contain unreasonable requirements placed on firms in order for them to qualify to do business. 10) Unnecessary Experience and NO STANDARD Excessive Bonding REQUIREMENTS Unnecessary experience and excessive bonding requirements were not included in this solicitation or contract documents. 11) Organizational Conflict of NO Interest (OCI) If there is an apparent or potential OCI the solicitation contains provisions to eliminate or mitigate the conflict (e.g. by inserting a clause that prohibits the contractor from competing for the follow-on contract to the current design or research contact) and OCI Certification is submitted by the contractor. 12) Arbitrary Action NO There was no arbitrary action in the procurement process. (An example of arbitrary action is when award is made to other than the contractor who most satisfied all the City requirements as specified in the solicitation and as evaluated by staff. 13) Brand Name Restrictions NONE 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 Ian ua e. 14) Geographic Preferences NO The solicitation contains no in -State or local geographic preference except where Federal statutes mandate or encourage them. 15) Contract Term Limitation NO The contract period of performance for rolling stock and replacement parts does not exceed five (5) years inclusive of options without prior written FTA approval. For all other types of contracts, the procurement rile contains evidence that the contract term is based on sound business judgment. 16) Written Procurement Selection YES Procedures The City has written selection procedures and the solicitation also identifies all requirements that offerors must fulfill and all other factors to be used in evaluating bids or proposals. 17) Solicitation Prequalification NO ---- POST QUALIFY Criteria The solicitation required prequalification of persons, fines, or products. The list is current includes enough qualified sources to ensure maximum full and open competition, and potential bidders are not precluded from qualifying during solicitation period from issuance of the solicitation to its closing date. If the solicitation does not contain a prequalification requirement, check NA. 18) Award to Responsible YES BIDS REVIEWED BY Contractor BRITNEY SORENSON The City made a determination that it was awarding to a responsible contractor 1 Y considering such matters as contractor 2. Y integrity, compliance with public policy, record of past performance, and financial and 3. Y technical resources. 4. Y 1. Appropriate Financial, equipment, facility 5. Y and personnel. (Y/N) 2. Ability to meet delivery schedule. (Y/N) 3. Satisfactory period of performance. (Y/N) 4. Satisfactory record of integrity, not on declined or suspended listings. (Y/N) 5. Receipt of all necessary data from vendor. Y/N 19) Sound and Complete Agreement YES This contract is a sound and complete agreement. In addition, it includes remedies for breach of contract and provisions covering termination for cause and convenience. 23) Price Quotations YES RECEIVED 3 BIDS Price or rate quotations were obtained from an adequate number of qualifled sources. 24) Clear, Accurate, and Complete YES Specification A complete, adequate, and realistic specification or purchased description was available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to properly respond. 25) Two Bidders YES 3 BIDS RECIEVED Two or more responsible bidders were willing and able to com ete effectively for the business. 26) Firm Fixed Price YES A firm fixed price contract was appropriate for this procurement. 27) Selection on Price YES The selection of the successful bidder could be made principally on the basis of price. 28) Discussions Unnecessary YES In this procurement, other than a prebid conference, discussions with bidders should not be needed between solicitation and award. 29) Advertising YES BUYSPEED SYSTEM The Invitation for Bids was publically advertised. 30) Adequate Number of Sources YES Solicited Bids were solicited from an adequate number of known suppliers. 31) Sufficient Bid Time 3WEEKS Prospective bidders were provided sufficient time to prepare bids prior to the date set for opening the bids. 32) Bid Opening YES All bids were publicly opened at the time and lace prescribed in the invitation for bids. 33) Responsiveness YES A firm fixed price contract was awarded in writing to the lowest responsive bidder. 34) Lowest Price NA The bidding documents specified that factors, such as discounts, transportation costs, and life cycle costs, would be considered in determining which bid was the lowest. These factors were considered by the City in determining which bid was the lowest. If these factors were not specified, check NA. 35) Rejecting Bids NA A bid (or bids) was rejected for a sound documented business reason. If no bids were rejected, check NA. 40) Evaluation of Options NO The option quantities or periods contained in the contractor's bid or offer were evaluated in order to determine contract award. (To be eligible for Federal funding, options must be evaluated as part of the price evaluation of offers, or must be treated as sole source awards. 41) Cost or Price Analysis WAS A BID Either a cost analysis or a price analysis was performed and documented. The price was determined to be fair and reasonable. 42) Written Record of Procurement 1. Pricing can be obtained by History Sealed Bidding. The file contains records detailing the history 2. Contract will be a firm fixed of this procurement. At a minimum, these records include: Price. (1) the rationale for the method of 3. Lowest Responsive Responsible procurement, Bidder (2) Selection of contract type, (3) reasons for contractor selection or 4. Firm Fixed Price rejection, and 4 the basis for the contract price. 43) Exercise of Options NA The grantee exercised an option on this contract adhering to the terms and conditions of the option stated in the contract and determined that the option price was better than prices available in the market or that the option was a more advantageous offer at the time the option was exercised. If an option was not exercised under this contract, check NA. 44) Out of Scope Changes NA 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 NO 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 YES The contract contains progress payments based on costs incurred (as opposed to percent of completion) and the contract contains a provision giving the grantee title to property (materials, work in progress, and finished goods) for which progress payments are made. The contract may contain other securiin lieu of obtaining title. 47) Time and Materials Contracts NO This is a time and materials contract; the grantee determined that no other type of contract is suitable; and the contract specifies a ceiling rice. 48) Cost Plus Percentage of Cost CORRECT This is not a cost plus a percentage of cost type contract. 49) Liquidated Damages Provisions NO This contract contains liquidated damages provisions and the assessment for damages is specified in the contract at a specific rate per day for each day of overrun in contract time. 50) Piggybacking NA 1) The file contains: Assignability provisions. 2) The procurement file contains: Price reasonableness determination. 56) Clauses YES This contract contains the appropriate FTA required clauses. Exclude Parties Search YES IN FILE EPS run and include in the file. • Planning, Development & Transportation Engineering Department 281 North College Avenue P.O. Box 580 Fort Collins. CO 80522.0580 970.221.6605 970.221.6378 - fax fcgov.com/engineering To: Jim O'Neil, Director of Purchasing and Risk Management From: Terry Tyrrell, Consultant Project Manager Date: 2/2 t /2012 Re: Mason Corridor MAX BRT Final Design — Colorado Boring Work Order #3 Cost Analysis Michael Baker, the final design consultant, requested 10 additional potholes for existing utility locations to complete the design. Colorado Boring has performed all the existing utility locates for the BRT Project to date and has the background and knowledge of the utilities in the area and the necessary City protocols for potholing and traffic control. The City has an on -call contract with Colorado Boring to do this type of work and is the primary reason Colorado Boring will be utilized, via work order, for this work. The current Colorado Boring contract has a price list that was negotiated and agreed upon previously. We requested a specific number of potholes at specific locations which warranted and expected three days of traffic control activities. As such, my Independent Cost Estimate (ICE) matches the quote provided to the City for these services. This pothole effort is warranted to successfully complete the project based on our current schedule understanding and final design needs. Based on my experience, I believe the requested Work Order #3 for the amount of $5,655.00 is reasonable for the work prescribed in the attached Quote (Colorado Boring Quote #5501). As such, I recommend approval of this work order estimate. e"l y Tyrrell, PE