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HomeMy WebLinkAbout233831 FOSTER VALUATION COMPANY LLC - PURCHASE ORDER - 9121523City of F,� Collins PURCHASE ORDER Date: 03/1312012 Vendor: 233831 FOSTER VALUATION COMPANY LLC WEST POINT PROFESSIONAL BLDING 910 54TH AVE, STE #210 GREELEY Colorado 80634 PO Number Page 9121523 1lo16 This number must appear on all invoices, packing slips and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS Colorado 80524 Delivery Date: 03/13/2012 Buyer: JAMES O'NEILL N ote: Line Description Quantity UOM Unit Price Extended Ordered Price r Phase V Appraisals Mason BRT Project 1 LOT LS In addition to the City of Fort Collins Standard Purchase Order Terms and Conditions, the following Federal clauses apply to this purchase order. 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority 11,000.00 UInvoice 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 39) Cost Analysis Required Cost analysis and profit negations were performed (initial award and modifications) And documented for price reasonableness Y 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 N eligible for Federal funding, options must be evaluated as part of the price evaluation of offers, or must be treated as sole source awards. 42) Written Record of Procurement History The file contains records detailing the history of this procurement. At a minimum, these PO was selected records include: Firm fixed price (1) the rationale for the method of Contractor is responsible procurement, (2) selection of contract type, Cost analysis was performed (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 No 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 No procurement (complying with the FTA requirements for a justification, cost analysis and profit negotiation). 45) Advance Payment Provisions The contractor did not receive an advance payment utilizing FTA funds and the contract No 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 Y if necessary 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 N 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 N type contract. 49) Liquidated Damages Provisions This contract contains liquidated damages provisions and the assessment for damages N is specified in the contract at a specific rate per day for each day of overrun in contract time. 50) Piggybacking 1) The file contains: Assignability provisions. N 2) The procurement file contains: Price reasonableness determination. 56) Clauses This contract contains the appropriate FTA Y With PO required clauses. Excluded Parties Search EPS run and include in the file. Y City of F6rt CoCAhns... Will MEMORANDUM DATE: March 2, 2012 TO: Jim O'Neill, Purchasing Agent THRU: Terry Tyrell, Contract Project Manager Erika Keeton, Project Manager FROM: Helen Matson, Real Estate Services Manager�- RE: Mason Corridor (MAX) Bus Rapid Transit Project Cost Analysis — Foster Valuation Company LLC - Phase V OPERATIONS SERVICES REAL ESTATE SERVICES P.O. Box 580 300 Laporte Avenue, Bldg. B Fort Collins, CO 80522-0580 970.416.2276 970.416.2209 — Fax @fcgov.com We arc contracting with Foster Valuation Company LLC ("Foster") to review appraisals for Phase V, which consists of eleven (11) property appraisals. Attached is part of the documentation for the purchase order: a sole source justification and an independent cost estimate. This is the cost analysis. Phase V has eleven (11) property appraisals that need to be reviewed. Since we have started this project, Foster has charged S 1,000 per review. Foster also completed reviews for CDOT funded projects and charged $ 1,000 for each review. Based on my experience and research, I believe the proposal from W. West Foster of Foster Valuation LLC is reasonable. I recommend that a purchase order be written to Foster Valuation Company LLC for $1 1,000.00. C'}` , OPERATIONS SERVICES Of L Y REAL ESTATE SERVICES P.O. Box 580 F6rt0odins 300 Laporte Avenue, Bldg, B Fort Collins, CO 80522-0580 970.416.2276 970.416.2209 — fax @/cgcv.com SOLE SOURCE JUSTIFICATION FOSTER VALUATION COMPANY LLC Phase V December 29. 2011 Backeround In 2008, Real Estate Services first started working on the Mason Bus Rapid Transit Project ("Project"). We were asked to hire an appraiser and a review appraiser for the project. It was anticipated at that time, that all appraisals would be performed within one year. We hired Foster Valuation Company, LLC ("Foster") to be the review appraiser for the Project. In addition, the City has had Foster on their Work Order Contract for many years. Foster has had over 25 years of experience in appraising and reviewing appraisals for federally -funded projects through the Colorado Department of Transportation ("CDOT") and he is also on their approved appraiser list. He appraises properties and does review appraisals for CDOT. The first assignment of this Project was to perform the property research of sales data over the entire five (5) mile corridor and to appraise the Railroad's interest. Foster reviewed all this work and to accomplish this, he researched all properties and the comparable sales properties. This initial research has been used for all of the appraisals that were completed prior to early 2011. Just recently data research was updated by the appraiser and reviewed by Foster. Current Situation There are numerous implications if we are required to go out to bid for an appraiser for the remainder of the project. I have broken those out as: l) time costs to the project; 2) money costs to the project; and, 3) other issues. Time costs to the Project: • Bid process — Time is needed to prepare the Request for Proposals ("RFP"), allow proposers time to review RFP and prepare bid, review of proposals, interview of proposals, and getting all necessary contract documents approved and executed. We estimate this process would take about 8 weeks. • Getting started — the successful review appraiser will need a few weeks to familiarize themselves with the project and to review comparable sales data research over the entire corridor. Money costs to the Project: • Lack of efficiency in having a new review appraiser duplicate work that has already been completed by the project appraiser and Foster. • At this point of the project, Foster has a good understanding of the project and the impacts to the property owners which results in time savings for reviewing the appraisals, which will provide a cost savings for the last appraisals. Eminent Domain Court The City needs to keep an on -going contract with Foster to appear in eminent domain court, if needed. The City will need to work with Foster for any of our eminent domain actions in pre-trial activities and testimony. Foster might be needed to defend their review appraisal on the witness City of �FortCollins `f� stand and to testify about the opposing appraisal. Foster has extensive experience testifying in eminent domain court actions. Other Impacts This Project has had numerous delays and it would be very difficult for the project to have another delay of approximately 10 weeks. For these reasons, it is our opinion that authorizing a sole source justification to use Foster as the review appraiser is in the best interests of this Project. Helen Matson, Real Estate Services Manager Cityor "Fort Coffins Independent Cost Estimate Dale of Estimate: 29-Dec-12 Contract Type: Existing Contract or PO (YIN): N Description of Goods (A) or Services (B): Services - Appraisal Services I have obtained the following estimate from; Published Price List! Past Pricing (date) Engineering or Technical Estimate (performed by) Independent Third Party Estimate (performed by) Other (specify) The ICE is prepared using historical data taken from the other appraisal review projects per- formed by Foster Valuations. Cost Estimate Details: (Estimate calculated in US Dollars) Cost of Services, Repairs, or Non -Standard Items Ilemr-ask: Materials or Work Description Other Direct Costs Labor Rate ($) Labor Hours Labor Class Allocated Overhead SGA' Profit TOTAL nls eeded Review a0ach $11,000.00 re for Phasea V. Each review $1,000 per review z 11 Total $ 11,000.00 ^ I �r � sa�q, cen.y zre na,�nsvawn e,nase� Signature of Preparer. January 3, 2012 Ms. Helen Matson Manager City of Fort Collins Real Estate Services 300 LaPorte Avenue, Building B Fort Collins, Colorado 80521 RE: APPRAISAL REVIEWS Dear Ms. Matson: At your request, I am submitting my fee proposal to review the following Phase V BRT appraisals: Appraisals for Property Interests #36 — Palmer #30 — Big D #35.1 — Zissu (additional purchase) #37.1 — Bank Center (additional purchase) #38.1 — Watterson (additional purchase) #32 — Dillon Shared Parking Appraisals #37.2 — Bank Center #28.1 — Bowl Fort Collins #67 — Foothills Assembly Church #32.1 — Dillon #68 — Camrike Cinema My fee is estimated to be the same as I have been charging, which is $1,000 per review. Respectfully bmitted, W. West Foster, NMI, CRE, SR/WA CO Certi6cation:ICG00001795 Fort of PURCHASE ORDER PO Number Page 9121523 2 of 6 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractors records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. FTA does not require the inclusion of these requirements in subcontracts. 4. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. TERMINATION a. Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of9121523 3 of 6 `t This number must appear Collins1 on all invoices, packing slips and labels. Line _ Description Quantity UOM Unit Price Extended Ordered Price b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 30 days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to The City' s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days) after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the'Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page CIi7/ Of 9121523 a of s ' `tCollins This number must appear ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 9.9 %. A separate contract goal [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph ( see 49 CFR 26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor' s receipt of payment for that work from the City of Fort Collins . In addition, is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor' s work by the City of Fort Collins and contractor s receipt of the partial retainage payment related to the subcontractor' s work. d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work throuqh its own forces or those of an affiliate without prior written City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of 9121523 5 of 6 `t Collins oll I ns This number must appear {, on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price consent of City of Fort Collins. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By accepting this purchase order, the vendor or contractor certifies as follows The certification in this clause is a material representation of fact relied upon by the City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Fort Collins, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total Invoice Address: $11 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 6 of 6 I. COMMERCIAL DETAILS. Tnx exemptions. By stawle the Citv of Fort Collins is,scrom from store and local taxes. Our Exemption Number is 11 NONWAIVER. 99-04502, Foderel E.seisc TO, Exemption Certificate of Registry 94-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe Iemxs and conditions hemof. failure Or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39- 26, 114 (Of exercise any rights or remedies pmridcd herein or by law. Liilure to promptly notify the Seller in the event of a breach, the acccP race ofor payment for goods hcrcundcr m arpmval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spttificafioas, either when shipped Or due to defects of any of the warrinlies or obligations of this purchase order and shall not be doomed if waiver of am' right of the damage in transit, may he returned to you for credit and am not In be replaced except upon receipt of written purchaser to insist upon strict performance herrof or any of its rights or remedies as to any such goods. regardless insfinetions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any parlmned on] nrodifiention or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. here.!. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. :nnh di7ed payment on the pan of the City of Fort Collins, Iloveceer, 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 appl icabdc required in spca inn procedures. violations are in fact borne by the Purchaser. Therctafnre, for good cause and to, ennsideation for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have Or hereafter Freight Tents. Shipments must be F.O.R.. City of Fun Collins 700 Wood St.. Fort Collins, CO 80522, unless required trader federal or state antitrust lams for such overcharges relating to the particular goods or services othcmise specified on this order. If pcmnission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hill 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 varims parts of the conntrv. shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by u date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchascr and the Seller, and the Seller thereafter indicates its inability or unwillingness in comply. the Purchaser shipments are made form greater distance. may cause the work to be performed by the most espcditious means asnilable to it and the Seller shall paw all costs associated n'ith .such work. Pcmtits. Seller shall procure it sellers sole cost all necessary, permits, eeni6eates and licenses required by all applicable laws. regulations, ordinances and mles or the state. municipality. territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work Of vendor. Seller fact agrees to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. talcs and regaimanum , AWhodzmion. All panics to this contract agree that the representatives arc. in fact, bona fide and possess full and complete aulhority in bind said parties. LIMITATION Op TERMS. This Purchase Order expressly limits acceptance to the tans and conditions stated herein set forth and any snpplcmenmry or additional tans and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller ram nbiected m and hereby rejecter. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedimdy if you cannot make complete shipment to arrive on vour promised delivery date as noted. Time is ofthe essence. Delivery and performance must he effected within the lime stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this pmrision. In the event ofeny, 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. Howvvcr. the Seller shall not he liable for damages as a result of delay's due to causes not reasonably fomsecable which arc beyond its mrsonabdc control and without its fault ofnegligencc. such acts of God. acts ofcivil or military authorities, governmental priorities. fires, strikes food, epidemics, pars or riots Provided that notice ofthe 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 crony such delay, the date of delivery shall be extended for the period equal to the time actually lost by mamn ofthe delay. 3. WARRANTY. The Seiler wamnts that all gruel, articles materials and work covered by his order will conform with applicable dnsvings specifications, samples and/err other descriptions given, wi11 he fit for the purposes intended. and perfnmred with the highest degree of care and competence in accordance with accepted standards for work of a similar m'rmre. The Seller agrees to hold the purchaser homiless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Select breach of mammy. The Seller shall replace, repair or make good. without cost to the purchase, 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 of any applicable warranty provided by the Seller aver the date of acceptance of the Fonds furnished hereunder (acceptance not to be unrmsonahly delayed), resulting from imperfect or dereelive work done or material furnished by the Seller. Acceptance or use of goods by the Purchoacr shall not constitute a waiver ufany claim tinder this warm my. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing warmnum, err gunnntees, but such liabilityshall in no event include loss nfprofts of loss ofunc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4.CHANGESINLEGALTERMS. The Purchaser may make changes to legal terms by written change Order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms. other than legal terms. including additions to or deletions form the moralities originally oulcmd in the specifications or drawings, by verbal err "intent change order, If anv such change affects the amount due or the time of nnnornancc hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate his agreement as to any or all portions of the goods then not shipped, subject to anv equitable adjustment between the panics as to any .work or materials then in progtess pmridcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion cribs goods and/or Work. for incidental or eamsequontial damages and that no such ndhrstmcnt be mode in favor of the Seller with respect to any Bonds which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to nny goods delivered hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days front the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller .shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser hamitess from all costs and damages suffered by the Purchaser as a result ofthe Scllcrs failure m comply with such lam. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, many ninnies due or to beeomm due hcrcundcr without the prior wrmun consent ofthe other party. 10. TITLE. The Seller wamnts fall, clear and unrestricted title to the Purchaser for all equipment, materials, and items Tarnished in perfomancc of this agreement, free and clear of any and all liens, restrictions, resemafions, scanty interest encumbrances and claims of others. The Scllcr shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers noel employees ofsuch party. The Seller's contractual obligations, including wvamnrv, shall not be deemed to he mdneed, in any way, because such work is Performed or caused to be performed by the Purchaser. 14. PAI EN'FS. Whenever the Seller is required In use any design, device, form'j l or process covered by letter, patent, trademark or copyrighl, the Scllcr shall indemnify and save harmless the Purchaser form any and all claims for infringement by reason Of the vsc of such pnfcntcd design, device. material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be Obliged to pay by reason of such infringement at any time during the promcutinn or after the completion of the work. In case said equipment err any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at if, Own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it b¢omcs noninfringing. 15. INSOLVENCY. If file Seller shall became insolvent or bnnkmpl, make an assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers progeny or business. this Order may onto ith he canceled by the Purchaser without liability. Ib. GOVERNING LAW. The dfinilions of fans used or the interpretation ofthe agreement and the rights ofall parties hcrcundcr shall be constuued under and governed by the laws ofthe State of Cnlnndo. USA. The following Additional Conditions apply only in cases where the Seller is to pennant work hereunder. including the services of Scllcrs Rc,ro scatativc(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shrill carry on said work at Sellct's own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work and/or ramcrm is before Seller's final completion and acceptance, complete the work at Seller's own expense and to the salisfaction of the Purchaser. When material and equipment are furnished by others for installation or erection by the Seller. the Scllcr shall rcccivc, unload, store and handle same of the site and become responsible thcmfor as though such materials and/or cuipment more being furnished by the Seller under throttler. Ili. INSURANCE:, The Seller shall. it his own expense, pmvide for the payment of workers compensation, including rmemmional 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 in be done. The Seller shall also carry comprehensive general liability including, but riot limited to, contractual and anromobile public liability insurance .with balily injury and d,4 limit of ar least S306.0 6 for any One person, S500,0n0 for any one accident and Property damage limit per accident of S400,000. The Seiler shall likewise require his o omctors. if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do anv work upon the premises of eahcrs. the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been pms;ded. Such certificates shall specify the date when such eompensaion and insurance have been provided. Such cci ifueams shall specify the dnc when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall he maintained until afer the entire work is completed nail accepted. 19. PT OTECIION AGA INST ACCIDENTS AND DAMAGES. The Seller hereby assnnncs the entire reslmnsi adity and liability for nny and all damage, loss Or injury Oran, kind r amine whatsoever to persons or property caused by or resitting form the execution of the work provided for in This purchase Order or in connection herewith. The Seiler will indemnify and hold harmless the Purchaser and any r 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 whither to Persons or property to which the Purchaser Lurie be Put Or suFicer by reason of any act, action, acglccr omission or default on the part of the Scllcr, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Parchascr, or ifs officers, agents or employees at any time on account or Its, reason of any act, action, neglect. emission or default of the Seller of any of his contractors or any of its or Ihir MFccrs, agens or employees as aforesaid. the Seller hereby agrees to assunm the defense thereof and In defend the tame at the Sellers own expense. to pay any and all crisis, charge, 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 of employees in such suits or other proceedings, and in case judgment or other limn he placed upon or obtained against the Property of the Purchaser. or said panics in or as a result of such suits or other proceedings. the Seller will at Once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his enntmcims shall take all safety precautions furnish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety, including. but without limialion, the Occupational Safety and Health Act of 19i0 and all mlcs and tabulations issued Pursuant therein. Revised 0312010 Excluded Parties List System Page I of 1 EPLSS) Esel;utde-d!Parties,List, Search - Current Exclusions EPLS Search Resources Results > Advanced Search Search Help > Multiple Names Search Results for Parties >Advanced Search Tips > Exact Name and SSN/TIN Excluded by > Public User's Manual > MyEPLS Firm, Entity, or Vessel : foster valuation > FAO > Recent Updates company llc >Acronyms > Browse All Records As of 13-Mar-2012 2:34 PM EDT > Privacy Act Provisions Save to MyEPLS > News View Cause and Treatment Code System for Award Management Descriptions >(SAM) Your search returned no results. > Reciprocal Codes Reports > Procurement Codes Back New Search Printer -Friendly > Nonprocurement Codes _ — --- - > Advanced Reports > Recent Updates Agency & Acronym Information > Dashboard > Agency Contacts Archive Search - Past Exclusions > Agency Descriptions > State/Country Code Descriptions > Advanced Archive Search > Multiple Names OFFICIAL GOVERNMENT USE ONLY > Recent Updates > Browse All Records > Debar Maintenance > Administration Contact Information > Upload Login > For Help: Federal Service Desk https://www.epts.gov/epts/search.do 03/13/2012 Title: Foster Valuation Date: 3/13/12 CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE) Checklist Item Contract File Comments Location 7) Independent Cost Estimate The City made and documented an y independent cost estimate before receipt of proposals. 10) Unnecessary Experience and Excessive Bonding Unnecessary experience and excessive n 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 N Because of the nature of this solicitation contains provisions to eliminate or work it is necessary to have a mitigate the conflict (e.g. by inserting a clause reviewer familiar with this work that prohibits the contractor from competing and project 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 n 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 n 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 n geographic preference except where Federal statutes mandate or encourage them. 15) Contract Term Limitation The contract period of performance for rolling stock and replacement parts does not exceed five (5) years inclusive of options without prior n/a 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 Y integrity, compliance with public policy, record Y of past performance, and financial and Y technical resources. Y 1. Appropriate Financial, equipment, facility and personnel. (Y/N) Y 2. Ability to meet delivery schedule. (Y/N) 3. Satisfactory period of performance. (Y/N) Excellent past performance form 4. Satisfactory record of integrity, not on this vendor. 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 Y PO 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 y 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 Because this project was delayed source. (Verify prices are no higher than price thru no fault of the City the for such item by likely customers.) required real estate work must (2) Public exigency for the requirement did continue with the appraiser most not permit a delay resulting from a competitive solicitation. familiar with the project, who can (3) An emergency for the requirement did not update the required valuations. 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.