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HomeMy WebLinkAboutCHANGE ORDER - BID - 7073 MASON CORRIDOR MAX BRT FINAL DESIGN (10)�/ C(�Y,,,,[[[[tttt,,®,� CoWns Flirt Planning, Development & Transportation Engineering Avenue 281 N ox 580llege P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6605 970,221.6378 -fax , tcgov. caurengineering CHANGE ORDER FORM PROJECT TITLE: Mason MAX BRT Project PROJECT NUMBER: 400003280.621120.00 CONTRACTOR: Michael Baker Jr., Inc. (PO#9957149) CHANGE ORDER NUMBER: 10 In preparing change orders show In order as separate numbored paragraphs the following 1. Reason for change. 2. Description of change. 3. Change in contract cost. 4. Change in contract time. 1$2. This Change Order will increase the total contract cost pursuant to RFP #7073 dated 12-01.09. See attached for reason and description of change. 3. The contract cost will increase by $198,940.92, 4. The contract time will be extended to Juno 31, 2014. ORIGINAL CONTRACT COST $3,052,480.20 TOTAL APPROVED CHANGE ORDERS TOTAL PENDING CHANGE ORDERS TOTAL THIS CHANGE ORDER ADJUSTED CONTRACT COST $903,691.33 $0.00 $198,940.92 $4,155,112.45 (Assuming all change orders approved) ACCEPTED BY: SUBMITTED BY: APPROVED BY: APPROVED BY: cc: City Clork Contractor Purchasing Project File �� 2- ,5,//O/2 Michael Baker Jr., Inc. Scope of Services 7073 Mason Corridor MAX BRT Construction August 6, 2012 Hartwig (phone) 2 (phone) 2 (phone) 1 4 IBI - Architecture 3 8 2 48 IBI —Architecture (phone) 3(phone) 4 (phone) 2 24 IBI — MIS\ITS 3 8 1.5 36 IBI — MIS\ITS (phone) 3 (phone) 4 (phone) 2 24 Total Hours 177 c. Pre -Construction Meeting The Consultant and sub consultants will meet with the City and contractor for the pre - construction conference. For the purposes of this scope, 8 hours will be assumed for the meeting and travel time. Firm # Attending Number of hours per person Total Hours Baker 1 8 8 Hartwig 0 0 Sell 0 0 IBI - Architecture 1 8 8 IBI — MIS\ITS 1 8 8 Total Hours 32 d. Partnering The Consultant and sub consultants will meet with the City and contractor for a Partnering session. For the purposes of this scope, 8 hours will be assumed for the meeting and travel time. Michael Baker Jr., Inc. Scope of Services 7073 Mason Corridor MAX BRT Construction August 6, 2012 Firm # Attending Number of hours Total Hours Baker 2 8 16 Hartwig 0 IBI - Architecture 1 8 8 IBI — MIS\ITS 1 8 8 Total Hours 32 e. The Consultant Team Coordination Additional project coordination will include monthly technical coordination conference call to address on -going design detail. The Consultant will lead the call and sub consultants shall participate monthly as requested by the Consultant. 24 one hour calls assumed for key Consultant and sub consultant staff with additional time for the Consultant to coordinate. Firm Meetings Hours per Meeting per person Average number of personnel Total Hours Baker 5 1 4 20 Baker Coordination 10 1 1 10 Hartwig 5 1 1 5 IBI- Architecture 10 1 2 20 IBI - MIS\ITS 10 1 1.5 15 Aqua 1 1 1 1 Jim Sell Design 2 1 .2 4 Total Hours 75 Progress Coordination/Invoicing The Consultant will hold a monthly (24) call with the City to confirm progress, decisions, action items and scope clarifications. This information will be included with the monthly progress summaries and invoices that the Consultant will provide to the City. Sub consultants shall bill only when work associated with Tasks 1-6 have been completed during that billing period. 5 Michael Baker Jr., Inc. Scope of Services 7073 Mason Corridor MAX BRT Construction August 6, 2012 Hours per Report Average number Total Hours Firm Reports per person of personnel Baker 5 1 1 5 Progress Report 5 5 1 1 Preparation Total Hours 10 Deliverables: Monthly progress report and invoice (Baker) 2. Technical Assistance The Consultant will provide technical assistance during the construction process on an as requested basis. Support may include contractor request for information, review of approved equals, and review of working and shop drawings. It is anticipated that the Contractor will provide the CM with their request and the CM will determine the appropriate entity to forward on to. The Consultant will only respond to request from the CM. The number of requests and reviews shown were determined as an estimate. The Consultant will monitor the rate that these elements are occurring and will notify the City if there will be a need to increase these. These can be increased as a part of a change order. a. Request for Information (RFI) Upon request, The Consultant team will provide a response to contractor inquires during construction. The City will provide RFI templates for a uniform response. Baker will coordinate and track all responses in an RFI log. Firm Approx. number of RFIs Average number of hours per RFI Total Hours Baker Admin. 38 .5 19 Baker Electrical 5 3 15 Baker Station Structural 4 3 12 Bakerother 5 2 10 Aqua 1 2 2 Sell 4 2 8 Hartwig 4 2 8 N Michael Baker Jr., Inc. Scope of Services 7073 Mason Corridor MAX BRT Construction August 6, 2012 IBI —Architecture 37 4 148 IBI — MIS\ITS 25 4 100 Total 322 b. Review of Approved Equals This scope assumes that the Consultant Team may need to review up to 56 items submitted for approved equal. The Consultant will coordinate an Approved Equal log with the CM. Firm Approved Equals Average number of hours per equal Total Hours Assumed Baker Administration 12 .5 6 Baker civil 1 4 4 Baker electric 1 3 3 Baker Station Structural 1 3 3 Aqua 0 4 0 Sell 1 2 2 IBI—Architecture 15 2 30 IBI — MIS\ITS 5 2 10 Total 58 c. Review of Shop Drawings and Mockups The Consultant and sub consultants will meet with the City and contractor for the pre -shop drawing meetings that are required by the project specifications. Shop drawings will be reviewed for approval and returned to the Contractor. The Consultant Team will review the construction contractor's shop drawings for conformance and compliance with contract documents and the provisions and time frames shown in the specifications. Working drawings will not be reviewed for approval, but will have an informal review and if content 7 Michael Baker Jr., Inc. Scope of Services 7073 Mason Corridor MAX BRT Construction August 6, 2012 is found that does not conform to the plans or specifications, non -conformances will be identified and communicated to the Contractor. Hours assumed for review of each shop and working drawing are related to the complexity of the drawing and are noted individually in the back-up for the fee. The review of the submittals shall be done by a licensed professional engineer or architect. Firm Number of Pre- Shop Drawing Meetings Number of hours per Pre- Shop Drawing Meeting Number of People at Pre —Shop Drawing Meeting Hours Baker 1 4 1 4 Baker - Administration 3 4 1 12 Aqua 1 2 1 2 Sell 1 2 2 4 IBI— Architecture 1 4 2 8 IBI — MIS\ITS 1 4 1 4 Total 34 Firm Number of Shop Drawings/Sample Review Number of hours per Shop Drawing/Sample Shop Drawing/Sample Review Hours Baker (Girders) 1 16 16 Baker(Structural— Architecture) 5 12 60 Baker (Structural — Civil) 12 6 72 Baker - Administration 68 .5 34 Aqua 0 4 0 Sell 2 4 8 Michael Baker Jr., Inc. Scope of Services 7073 Mason Corridor MAX BRT Construction August 6, 2012 IBI —Architecture (Shelters) 10 12 120 IBI —Architecture (other) 24 5 120 IBI — MIS\ITS 22 4 88 Total 518 d. Contractor and Construction Manager Coordination and Support Upon request, The Consultant team will provide support for Contractor Coordination. This work includes but is not limited to; survey (reduction, calculation and review), Floodplain coordination, NEPA compliance and other Environmental Compliance. Firm Approx. number of Instances Average number of hours per instance Total Hours Baker 8 2 16 Hartwig 10 4 40 Total 56 e. LOMR\No Rise Certification Baker will lead the effort to complete the LOMR for the Spring Creek CLOMR. This scope assumes that the construction will meet the requirements of the CLOMR and no additional effort will be required to verify\correct any discrepancies. Baker will prepare and submit no rise certificates at 6 locations; NB Olive Station, SB Olive Station, Myrtle, Mulberry, Spring Creek (roadwork, culvert, wingwalls and riprap), Spring Creek Pond. The time shown for each location assumes that the construction meets the requirements of the No Rise permits and no additional effort will be required to verify\correct any discrepancies. The City will provide Baker with all surveys and survey information required to complete this task. 9 Michael Baker Jr., Inc. Scope of Services 7073 Mason Corridor MAX BRT Construction August 6, 2012 Approx. number of Task Instances Average number of Total Hours hours per instance LOM R 0 20 0 No Rise Certificates 6 6 36 Total 36 f. Environmental Compliance Baker will monitor contractor efforts near wetlands by visiting the project once a month. Baker will provide written and photograph documentation and necessary coordination of the contractors efforts to adhere to the terms and conditions of NWP 14 and restoration of temporary impacts to wetlands. Baker will provide a summary oversight memorandum and supporting documentation along with the compliance certification form to the USACE on behalf of the City Baker has no role in permanent wetland restoration or coordination involving McMurray Natural Area. This scope does not include any Baker effort if the contractor does not meet the terms and conditions of the NWP and restoration of temporary impacts to wetlands. Baker will conduct migratory bird nesting surveys at the start of construction and throughout the nesting season and provide supporting documentation. Baker will also conduct red fox den surveys throughout construction and provide supporting documentation. Assume a total of 5 field visits. Baker will provide a summary memoranda that includes maps and photographs as applicable following migratory bird nesting surveys and red fox den surveys. This scope does not include coordination with the contractor, City of Fort Collins, Colorado Division of Wildlife, or US Fish and Wildlife Service should nests or dens be identified. This scope does not include any responsibility in capping contamination or overseeing capping process at the PSCO site. This scope does not include coordination should any previously unidentified contamination be identified along the corridor during construction. Approx. number of Task visits Average number of Total Hours hours per instance Wetlands and NWP 14 Oversight 3 12 36 10 Michael Baker Jr., Inc. Scope of Services 7073 Mason Corridor MAX BRT Construction August 6, 2012 Biological Surveys 0 20 0 Total 36 3. Post Design Plan Modifications When requested by the Program Manager, the Consultant shall provide design services for plan modifications required by unforeseen field conditions and minor changes required by the City, Contractor or other Stakeholders. City or stakeholder changes that require more than 16 hours for each discipline to redesign and modify the plans and specifications are not included in the scope and will be evaluated by the Consultant and City to identify schedule and contract modifications. a. Field Questions and Inspection Respond to questions in the field that arise relative to the plans, details or special provisions. Team members will be available to provide email or phone response. The Consultant Team will document responses to field questions in a log and with field observation reports. This also included design certification of storm sewer, foundation locations, etc.. Average Average Approx. number of number of number of Field hours per visit people per Visits Firm visit Total Hours Baker 3 8 1 24 Aqua 0 4 1 0 Sell 5 1 1 5 Hartwig 3 8 1 24 IBI —Architecture 3 10 2 60 IBI — MIS\ITS 2 7 1 14 Total 127 11 Michael Baker Jr., Inc. Scope of Services 7073 Mason Corridor MAX BRT Construction August 6, 2012 b. City Request for Changes Due to the evolving nature and City input during the design and plan process, any plan revisions required by these City departments during construction shall be paid for at negotiated rates: • Traffic • Utilities • MIS\ITS • Floodplain • Stations c. Request for Changes Throughout construction, the Consultant team will provide engineering and drafting services for design revisions required due to changes in construction or field conditions. Prior to initiation, The Consultant Team will provide an estimate of hours for each specific request. Consultant shall not proceed with any changes without prior approval of the Construction Manager. The number of changes shown are a result of negotiations with the City. The Consultant will monitor the changes as they come in and will notify the City if the number of changes will need to be increased. This increase will result in a change order. Request for changes for each firm are as follows. Firm Approx. number of Changes Average number of hours per Change Total Hours Baker 3 16 48 Aqua 0 2 0 Sell 2 2 4 Hartwig 3 16 48 IBI —Architecture 0 12 0 IBI — MIS\ITS 0 12 0 Total 100 4. Project Close-out The Consultant shall provide Punch List support as needed. The consultant and its sub consultants effort for the creation and verification of a punch list will be as follows; 12 Michael Baker Jr., Inc. Scope of Services 7073 Mason Corridor MAX BRT Construction August 6, 2012 Firm Approx. number of Days Average number of personnel Average number of hours per day Total Hours Baker 0 2 8 0 Hartwig 0 1 8 0 IBI—Architecture 0 2 9 0 IBI — MIS\ITS 0 1 8 0 Total 0 S. As -Built Plans The contractor will provide the consultant with red -lined as -built drawings. The consultant will reflect these markups in the AutoCad sheet files, create a full set of pdf drawings, provide 10 11x17 hard copy sets, prepare a 2406 mylar title sheet for records. Firm Number of Sheets Average number of hours per Sheet Total Hours Baker(Admin) 1122 .05 0 Baker (Structural - civil) 183 .5 .0 Baker (Structural — Arch.) 8 1 0 Hartwig 657 .5 0 IBI —Architecture 158 .67 0 IBI — MIS\ITS 116 .75 0 Total 0 6. Other Direct Charges The following ODCs are anticipated. 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Scope of Services 7073 Mason Corridor MAX BRT Construction August 6, 2012 Firm Number of Trips Mileage Rate/Mile Total Mileage Baker 15 150 $0.55 $1237.50 Hartwig 7 160 $0.55 $616 IBI 13 150 $0.55 $1,072.50 Printing and Postage Firm Total Baker (B&W) $50 Baker (Color) $500 Hartwig $50 IBI $57.50 Summary of Deliverables All deliverables will be delivered to the City by email unless noted otherwise. • Monthly progress report and invoice (Baker) • RFI response memos and coordinate log with CM • Approved Equal memos and coordinate log with CM • Shop drawing review and coordinate log with CM • Working drawing informal review and coordinate log with CM • Field questions response and coordinate log with CM • Request for changes AutoCAD/CAD and pdf files (electronic and hard copy) • Meeting Minutes • As-Builts (pdf and AutoCad) Errors and Omissions Refer to section 4 of the original design contract dated 12/01/09. 14 1. Administration\Coordination La Project Start Up Firm Meetings Hours per Meeting per person Average number of personnel Total Hours Total Cost Baker 4 8 1.25 40 $ 6,626.09 Baker Coordination Hartwig 1 8 1 8 $ 2,992.00 IBI- Architecture 1 8 2 18 $ 2,006.25 IBI— MIS\ITS 1 8 1 8 $ 663.79 la. Total 74 $ 12,288.13 l.b Weekly Construction Meetings Firm Construction Meetings Hours per Meeting per person Average number of personnel Total Hours Total Cost Baker 1 8 1 8 $ 1,398.41 Baker(phone) 2 3 2 12 $ 1,773.39 Aqua 1 3 1 3 $ 345.00 Jim Sell Design 2 3 - 1 6 $ 603.62 Hartwig 2 6 1 12 $ 1,628.00 Hartwig (phone) 2 2 1 4 $ 924.00 IBI- Architecture 3 8 2 48 $ 5,229.85 IBI—Architecture(phone) 3 4 2 24 $ 3,300.35 IBI— MIS\ITS 3 8 1.5 36 $ 2,987.05 IBI—MIS\ITS(phone) 3 4 2 24 $ 1,991.37 lb. Total 177 $ 20,181.04 l.c Pre -construction meeting Firm # Attending Number of hours per person Total Hours Total Cost Baker 1 8 8 $ 1,398.41 Hartwig 0'$ - Sell 0 $ IBI -Architecture 1 8 8 $ 1,380.76 IBI — MIS\ITS 1 8 8 $ 663.79 It. Total 24 $ 3,442.95 1.d Partnering Firm # Attending Number of hours per person Total Hours Total Cost Baker 2 8 16 $ 2,364.52 Hartwig 8 0 $ - IBI- Architecture 1 8 8 $ 670.40 IBI— MIS\ITS 1 8 8 $ 663.79 1d. Total 32 $ 3,698.71 Le Consultant Team Coordination Firm Meetings Hours per Meeting per person Average number of personnel Total Hours Total Cost Baker 5 1 4 20 $ 2,424.57 Baker Coordination 10 1 1 10 $ 1,748.01 Hartwig 5 1 1 5 $ 1,075.56 IBI- Architecture 10 1 2 20 $ 2,147.71 IBI—MIS\ITS 30 1 1.5 15 $ 1,493.53 Aqua 1 1 1 1 $ 585.00 Jim Sell Design 2 1 2 4 $ 1,353.48 le. Total 75 $ 10,827.85 I.f Progress Coordination\Invoicing Firm Reports Hours per Report per person Average number of personnel Total Hours Baker 5 1 1 5 $ 874.00 Progress Report Preparation 5 1 1 5 $ 874.00 If. Total 101 1,748.01 2. Technical Assistance 2.a RFI Firm Approx. number of RFIs Average number of hours per RFI Total Hours Total Cost Baker Admin. 38 0.5 19 $ 2,225.07 Baker Electrical 5 3 15 $ 1,900.77 Baker Station Structural 4 3 12 $ 1,218.09 Bakerother 5 2 10 $ 1,581.70 Aqua 1 2 2 $ 368.33 Sell 4 2 8 $ 1,414.67 Hartwig 4 2 8 $ 1,800.00 IBI —Architecture 37 4 148 $ 13,745.21 IBI— MIS\ITS 25 - 4 100 $ 10,573.82 2a.Total 322 $ 34,827.67 2.b Approved Equals Firm Approved Equals Average number of hours per equal Total Hours Assumed Total Cost Baker Administration 12 0.5 6 $ 805.22 Baker civil 1 4 4 $ 542.41 Baker electric 1 3 3 $ 380.15 Baker station structural 1 3 3 $ 304.52 Aqua 0 4 0 $ - Sell 1 2 2 $ 451.16 IBI —Architecture 15 2 - 30 $ 2,318.82 IBI— MIS\ITS 5 2 10 $ 1,136.94 2b. Total 58 $ 5,939.23 2.c Shop Drawings Firm Number of Pre - Shop Drawing Meetings Number of hours per Pre- Shop Drawing Meeting Number of People at meeting Pre —Shop Drawing Meeting Hours Total Cost Baker 1 4 1 4 $ 632.68 Baker -Administration 3 4 1 12 $ 2,031.08 Aqua 1 2 1 2 $ 460.00 Sell 1 2 2 4 $ 902.32 IBI —Architecture 1 4 2 8 $ 861.36 IBI— MIS\ITS 1 4 1 4 $ 331.89 2c. Meetings Total 34 $ 5,219.33 Firm Number of Shop Drawings/Sample Review Number of hours per Shop Drawing/Sample Shop Drawing/Sample Review Hours Total Cost Baker (Girders) 1 16 - 16 $ 2,530.72 Baker(Structural—Architecture) 5 12 60 $ 6,090.47 Baker(Structural—Civil) 12 6 72 $ 11,388.22 Baker -Administration 68 0.5 34 $ 4,481.70 Aqua 0 4 0 $ - Sell 2 4 8 $ 902.32 IBI— Architecture (Shelters) 10 - 12 120 $ 12,267.24 IBI—Architecture(other) 24 5 120 $ 12,267.24 IBI— MIS\ITS 22 4 88 $ 10,325.01 2c. Total 518 $ 60,252.91 2d. Contractor Coordination Firm Approx. number of Instances Average number of hours per instance Total Hours Total Cost Baker 8 2 16 $ 2,271.39 Hartwig 10 4 40 $ 4,214.00 2d. Total 56 $ 6,485.39 2e. LOMR\No Rise Certification Task Approx. number of Instances Average number of hours per instance Total Hours Total Cost LOMR 0 20 0 $ - No Rise Certificates 6 6 36 $ 4,391.61 2e. Total 36 $ 4,391.61 2f. Environmental Support Task Approx. number of visits Average number of hours per instance Total Hours Total Cost Wetlands and NWP 14 Oversight 3 12 36 $ 3,635.88 Biological Surveys 0 20 0 $ - 2f.Total I I 1 1 36 $ 3,635.88 3.a Field Questions and Inspections Firm Approx. number of Field Visits Average number of hours per visit Average number of people per visit Total Hours Total Cost Baker 3 8 1 24 $ 3,771.22 Aqua 0 4 1 0 $ - Sell 5 1 1 5 $ 454.27 Hartwig 3 8 1 24 $ 2,361.60 IBI —Architecture 3 10 2 60 $ 4,506.00 IBI— MIS\ITS 2 7 1 14 $ 1,161.63 3a. Total 227 $ 12,254.72 It Request for changes Firm Approx. number of Changes Average number of hours per Change Total Hours Total Cost Baker 3 16 48 $ 5,393.91 Aqua 0 2 0 $ Sell 2 2 4 $ 756.08 Hartwig 3 16 48 $ 4,014.00 IBI—Architecture 0 12 0 $ - IBI—MIS\ITS 0 12 0 $ - 3c.Total 100 $ 10,163.99 4 Punch List Firm Approx. number of Days Average number of personnel Average number of hours per Change Total Hours Total Cost Baker 0 2 8 0 $ - Hartwig 0 1 8 0 $ - IBI— Architecture 0 2 9 0 $ - IBI— MIS\ITS 0 1 8 0 $ - Total 0 $ 5 As -built Firm Number of Sheets Average number of hours per Sheet Total Hours Total Cost Baker(Admin) 0 0.05 0 $ - Baker(Structural- civil) 0 0.5 0 $ - Baker (Structural —Arch.) 0 1 0 $ - Hartwig 0 0.5 0 $ - IBI— Architecture 0 0.67 0 $ - IBI—MIS\ITS 0 0.75 0 $ - Total 0 $ Labor Summary by Firm Hours Cost Design Contract Value (DCV) Percent of DCV Baker 554 $ 75,058.23 $ 2,127,428.02 4% Hartwig 252 $ 19,009.16 $ 424,686.00 4% IBI Architecture 612 $ 60,701.18 IBI MIS 315 $ 31,992.60 $ 1,153,847.69 8% Aqua Totals 8 $ 1,758.33 $ 43,930.00 4% Sell Totals 41 $ 6,837.92 $ 120,385.26 6% Total Labor 1782 $ 195,357.42 DBE Summary Hours Cost Total = 1710 $ 187,329.93 Total DBE (Hartwig) = 252 $ 19,009.16 %DBE (Hartwig)= 15% 10% Other Directs Firm Total Baker $ 1,787.50 IBI $ 1,130.00 Hartwig $ 666.00 Total $ 3,583.50 Total Summary Total Labor $ 195,357.42 Total ODCs $ 3,583.50 Total Contract Value $ 198,940.92 Title: 7073 Mason BRT Protect Change order #10 Date: 8-10-12 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 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. 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 ORIGINAL CONTRACT DATED agreement. In addition, it includes remedies 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 properly 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.) (2) Public exigency for the requirement did YES 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 IN FILE 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: 3. YES (1) the rationale for the method of 4. BAKER, FHU AND procurement, (2) Selection of contract type, AECOM 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 negotiation). 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 EPS run and include in the file. of F6rt�Coll'� DATE: August 7, 2012 TO: Jim O'Neil FROM: Terry Tyrrell, CPM 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. corr✓engine ering RE: Mason Corridor (MAX) Bus Rapid Transit Project Cost Analysis and Justification — Baker CO#10 Michael Baker Jr., Inc. (Baker) requires a supplement for the BRT project as the Project moves from the design phase into the construction phase. The original contract did not include post design services thus the need for this contract modification. The original consultant contract with Baker had negotiated and agreed upon rates, overhead and profit. This cost analysis and attached Independent Cost Estimate (ICE) used these previously agreed to hourly rates as a basis for comparison for this change order. The City of Fort Collins (CFC) and Baker met in early March to discuss the forthcoming construction of the Project and the need for post design services from Baker. At that meeting we generally discussed a scope of work which included consultant post design services such as Technical Assistance, Project Administration, Design Team Coordination and Project Closeout. All of these services would be managed by Baker the Prime consultant in the original design contract with IBI, Hartwig, Aqua and Jim Sell Design being sub -consultants assisting Baker with their respective disciplines or design elements. The Technical Assistance aspect of the post design services from Baker and Team would include set -vices such as Request For Information responses, shop drawing reviews, submittal conformance reviews and approved equals review and approvals. Project Administration will include overseeing the sub -consultants and general project coordination with CFC and other Project Team members including the Contractor. As these consultant services are heavily dependant on the Construction Manager and Contractor, the City requested Baker price the first 6 months of the construction phase. Upon the completion of the first 6 months of construction, the City will renegotiate with Baker for the remaining construction activities and finally the testing/startup and closeout phase of the Project. I have prepared an ICE, which is in the amount of $204,833.88. hi preparing the ICE for this change order, I used the original negotiated and agreed on contract personnel rates (rates include overhead, fringe and profit) from Baker. For the ICE, I based the estimated number of hours to perform this scope of services from the CFC Management Team's previous experience and the City's expectations of the first 6 months of the construction phase of the BRT Project. We developed a staffing structure based on the anticipated services needed from Baker during the construction phase coincident with the contractor contract documents.. The ICE was based on the City t C Follins full time equivalent employee participation for the construction phase of the project to address the above mentioned scope of work. As construction activities are largely outside the design consultant's control a program cost rough order of magnitude (ROM) was used to generally asses the change order budget and compare with the ICE based on a percentage of the full construction phase duration and reduced to a 6-month timeframe. A post design initial program estimate of 10% of the design contract value for construction phase services in a design -bid -build project was collectively decided on from the CFC Management Team for ROM estimating. The program estimate was derived from average understood industry standard and was utilized as a starting point to help develop a ROM cost (note: standard ranges from 5% to 20% based on the types of projects and their complexities based on past experience and discussion with other project managers within the industry). 10% of the design fee (current contract amount $3,956,171 thus 10% of current contract is $395,617) was the basis point utilized to cross-check the ICE staff breakdown, time allocation and rate estimate for the construction phase. This change order is for the initial 6-months of construction which will likely be the most intensive Consultant and Contractor coordination effort period. Thus, we estimated 50% of the total anticipated construction phase budget would be used in the first 6-month timeframe. As such, 50% of the $395,617 was used for rough comparison of the associated ICE (50% of $395,617 is $197,808.50) which is in the range of both the ICE and the Baker proposed fee for this scope of work. Baker's initial change order request included fees for these services dated June 15, 2012 was $766,560.02. CFC and Baker met on June 21, 2012 to discuss the scope of work (SOW) and associated fees. Upon further negotiations and a generally agreed upon SOW Baker resubmitted the change order request reducing the coordination hours, number of submittal reviews and meetings to be for the initial 6-months of the Construction Phase, inline with the expectations of CFC. This allows the CFC to better gauge and estimate the remaining portion of the Baker construction phase contract. The revised change order request dated August 6, 2012 reduced the budget to $198,940.92. This request was reviewed by CFC and the newly selected Construction Management Team and further refinements were requested of Baker regarding clarifications of the SOW. Baker resubmitted the amended SOW and fee on August 7, 2012 which is attached. This modification was agreed upon by both the CFC and Baker SOW was clarified and the fee did not change. As Baker's fee was below the original ICE and within 3%, CFC generally agreed on CO#10 contract parameters. The original ICE of $204,833.88 and the agreed budget for the Baker Construction Phase Consulting Services of $198,940.92 is a difference of-$5,892.96 or -2.9%. As the construction phase consultant services are primarily dependant on the Contractor's requests, CFC believes the requested budget of $198,940.92, which is less than the ICE, is an adequate budget for these support services for the first 6-months of Construction. However, a future change order will be warranted due to additional SOW of requests from Baker as directed by CFC and/or their representatives for the remaining duration of the Construction Phase. A 3% difference in cost between the ICE and approved budget is minimal and CFC believes this budget is sufficient and warranted for duration of CO#10. Baker should be utilized for this particular work effort since it would be less cost effective to have another consultant perform post design and construction phase consulting services and the liability for others to perform this work would greatly outweigh any potential costs savings. 9 City of Fort Collins Baker has been a responsive design consultant and is fully capable of performing this requested SOW. Based on a collaborative approach to developing the SOW, negotiations of the SOW and subsequent fees, I believe the requested Change Order 410 for the amount of $ l 98,940.92 is appropriate for 6-months of construction phase design consultant support services for the MAX BRT project. As such, I recommend approval of this fee estimate. Terry Tyrrell, PE MAX BRT Consultant Project Manager ,1 cc: Erika Keeton, Special Projects Engineer, CFC Jim O'Neil, Director of Purchasing and Risk Management, CFC 7 City of I. _ __ S Date of Estimate: 10-Mar-12 Contract Type:'T&M with Cap Existing Contract or PO (Y/N): Y Michael Baker Jr., Inc. -Change Order # 10 Independent Cost Estimate Mason Corridor MAX BRT- Post Design Services Description of Goods (A) or Services (B):. 8 Provide supplemental consulting services for construction phase services (i.e. construction meetings, review of approved equals, shop drawings. stommaler/800dplain coordination, environmental compliance. field questions and necessary technical inspections, request for changes and as-builts). This ICE was developed based on the first 6-months of the Construcilon Phase. The remaining 18-months will be contracted separately based on the performancefcost tracking for the first 6 months. Design Contract $ amount = 3,956,171.53. Labor rates shown below are burdened vnth OH and Profit. Total Future Estimated timeframe 24 months (18.months construction 6 months testingtstarfup and closeout). 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) previous rates Cost Estimate Details: (Estimate calculated in US Dollars) Cast of Standard Items Product Cost (Woa) Cost($/ea) Notes/Data Source Delivered INo Freight Total Cost of Servkes, Repairs, or Non -Standard Items Item?ask: Materials or Work Description Other Direct Costs labor Rate ($) Months Labor Hours/Month Total labor hours Allocated Overhead SG&A- Profit TOTAL BAKER ProjM r $ 141.96 6 32 192 27,256.32 Admin $ 120.20 6 8 48 5.769.60 Civil Engineer $ 135.60 6 16 96 13,017.60 Structural Engineer $ 158.17 6 12 72 11,388.24 Electrical Engineer $ 126.72 6 8 48 6.082.56 Drainage Engineer $ 123.35 6 16 96 11.841.60 Environmental $ 101.13 6 12 72 7,281.36 CAD $ 80.00 61 40 240 19,200.00 Hartwl Pro' Mgr $ 103.80 6 16 96 9,964.80 Engineer $ 98.40 6 16 96 9,446.40 IBI Pr ' M r $ 123.90 6 16 96 11,894.46 San Architect S 114.16 6 24 144 16,439.04 Architect $ 93.98 6 24 144 13,533.12 Systems En $ 105.74 6 16 96 10,151.04 Jim Sell Design Pro Mgr/ Landscape Amnaect $ 112.79 1 6 241 144 16,241.76 Aqua Engineering Prof Mgr / Engineer $ 97.50 6 16 96 9,360.00 ODC•s (3%of total contract CO) 5.966.04 Total 204,833.88 L .r •sxtq. c.,,..r w na,+d.r,nn. aa«=« Signature of Preparer. / Date: Michael Baker Jr., Inc. Scope of Design Services during Construction 7073 Mason Corridor MAX BRT August 6, 2012 General The work consists of professional engineering services required to support the City of Fort Collins (CITY) and the City's Consultant Project Manager (CPM) in completing construction for the Fort Collins Mason Corridor MAX BRT. The services consist of approximately 5.0 miles (3.6 miles fixed guideway, 1.4 miles mixed street traffic and 12 stations) of Administration and Coordination, Technical Assistance, Post Design Plan Modifications and Project Closeout Tasks. The project will continue to be managed by the City and the CPM. The Consultant will also support the City's construction manager (TBD). Project duration is anticipated to be approximately 24 months, July 2012 to June 2014. This scope of work is for services through December 31, 2012. Additional scopes of work will be developed for calendar years 2013 and 2014 based on the actual 2012 usage and forecasted usage in 2013 and 2014. We anticipate the contract value through December 2012 to be $198,940.92. Key Schedule Milestones: • May 18, 2012 — Bid opening • July 2012 — NTP • July 2012 - Pre -Construction Meeting • July 2012 — NTP for Construction Manager • July 2012 — Partnering Session • May 2014—Opening Day • June 2014— Final As-builts submittal • June 2014— Formal closeout Work Description The work Michael Baker Jr., Inc. (CONSULTANT) will perform is as follows: This Construction Support Engineering Services scope of services will include the following tasks on an as needed basis: 1. Administration and Coordination —weekly construction meetings, internal Consultant Team meetings, and invoicing/project admin, pre -activity meetings 2. Technical Assistance —request For Information (RFI) responses, approved equal review, shop drawing and mockup review, acceptance and conformance reviews 3. Post Design Plan Modifications — plan modifications due to changing field conditions and changes requested by the City, stakeholders, or contractor 4. Proiect Close-out - Punch list support, as-builts, milestone deliverables It is anticipated that the following firms will support this task with the following disciplines, as necessary: • Baker— civil, signing and striping, bridges, retaining walls, utility, drainage, station structural, electrical, and project management • Aqua - irrigation • Jim Sell Designs —landscape Michael Baker Jr., Inc. Scope of Services 7073 Mason Corridor MAX BRT Construction August 6, 2012 • Hartwig and Associates — civil, signing and pavement marking • IBI—architecture, MIS\ITS The City has requested that the Consultant and its sub consultants provide engineering and architectural support on an as needed basis to during project construction. The scope of services outlined in this document represents an estimate of the support that may be requested of the Consultant Team. The elements of this scope will be provided as an on -call service at the request of the City. Requests will be placed through the Consultant Project Manager, who will then delegate to the appropriate team member. Understanding that any delay in response could affect the progress of the contractor every effort will be made to provide the City with rapid and efficient response throughout the remainder of this contract. It is the goal of the team to provide a response confirming the delivery time, scope, and hours of the on -call task within 48 hours of the consultants receipt of the initial request. Depending on the complexity of the task, the delivery time may range from 48 hours up to four weeks with a goal turnaround time of 7 calendar days for RFIs and a maximum 14 calendar days for shop drawing review. The Consultant will emphasize the importance of a timely turnaround with its sub -consultants. If the consultant or one of their sub -consultants cannot meet the agreed upon delivery time, they will notify the City and the Contractor 24 hours prior to the original delivery deadline. Acceptable justification for extending the deadlines is limited to: 1. Unresolved written requests for clarification from the City or Contractor 2. Circumstances beyond the consultants or their sub -consultants control Written requests for clarification will include a new delivery time based on the receipt of said clarification. If the consultant or one of their sub -consultants do not meet the agreed upon delivery time established, the City may hold the consultant or their sub -consultants liable for any damages claimed by the contractor. This scope of services has assumed an approximate number of requests and hours per request for each task. The Consultant will track and report on all meetings and requests at the weekly construction meeting as requested. Should The Consultant or its sub consultants anticipate they will exceed the quantity or duration for tasks noted in the scope of services, they will immediately inform the City. If the need to increase the quantity or duration of the tasks is due to circumstances that were not originally known to the Consultant or its subconsultants, to the extent they affect the scope of services, compensation, schedule or other material terms of this Agreement, the Consultant or subconsultant, as the case may be, may call for renegotiation of the affected terms of this Agreement. Please refer to the termination clause in the Master Contract if terms cannot be agreed to. 1. Administration and Coordination The Consultant will be responsible for managing all engineering and architectural design activities as requested by the City for the MAX BRT construction. Consultant activities include overseeing all requested tasks and when requested meeting coordination, meeting minutes for meetings attended, managing design and maintaining schedules and other tasks as requested. a. Project Start Up (2 months) Due to the timing of a CM selection, the consultant anticipates a larger role as requested for the first two months of construction until the CM is fully embedded in the project. This role Michael Baker Jr., Inc. Scope of Services 7073 Mason Corridor MAX BRT Construction August 6, 2012 will include attendance at the weekly construction meetings, regular coordination with the City and being available to support the City with any contractor coordination. Firm Meetings Hours per Meeting per person Average number of personnel Total Hours Baker 4 8 1.25 40 Hartwig 1 8 1 8, IBI - Architecture 1 8 2 16 IBI— MIS\ITS 1 8 1 8 Total Hours 72 b. Weekly Construction Meetings Consultant representatives shall be available to participate in weekly construction meetings that will be led by the CM. The Consultant shall attend the meetings in person or via conference call and report on all action items. It is assumed that the consultant shall attend a total of 45 meetings. Sub -consultants will attend upon request of the City (and consultant) to report on technical issues. Consultant meeting assumptions include: Firm Construction Meetings Hours per Meeting per person Average number of personnel Total Hours Baker 1 8 1 8 Baker(phone) 2(phone) 3(phone) 2 12 Aqua 1 3 1 3 Jim Sell Design 2 3 1 6 Hartwig 2 6 1 12 3