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HomeMy WebLinkAbout465997 MICHAEL BAKER JR INC - PURCHASE ORDER - 9957149 (4)Fort Collins Date: 08/14/2012 Vendor: 465997 MICHAEL BAKER JR INC 165 S UNION BLVD SUITE 200 LAKEWOOD Colorado 80228 PURCHASE ORDER PO Number Page 9957149 1of2 This number must appear on all invoices, packing slips and labels. Ship To: TRANSPORTATION PLANNING & 281 NORTH COLLEGE FORT COLLLINS Colorado 80524 Delivery Date: 12/01/2009 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 13 CHANGE ORDER 11 1 LOT EA 7.951.00 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: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins BRT Change Order No. 11 Fee Calclulations 8/2/2012 Description Personnel Total Fee Craig Friesen IJustin Shintaku Adam Maxwell Eric Vaughn Dave Nemovitz Justin Spanier $ 158.70 $ 75.03 $ 111.37 $ 71.00 $ 139.22 $ 88.72 Harmony Drainage Outfall Design of Storm Sewer 4 2 8 $ 1,352.86 Revision of Report 4 4 $ 584.12 Detail of modification to irrigation Structure 2 4 2 $ 879.84 Revision of affected sheets and quantities 1 4 $ 442.70 Documentation of changes 4 1 $ 774.02 Total Additional Fee $ 4,033.54 Maple and Mason Revise inlet 1 1 4 $ - Design storm revisions 4 8 $ Design ramps 1 4 $ 604.18 design crosswalks 4 $ 445.48 modify sheets 2 8 $ 790.74 Create intersection detail sheet 1 4 6 $ 1,030.18 Create jointing sheet 1 4 $ 442.70 modify quantities 1 4 $ 604.18 Total Additonal Fee 1$ 3,917.46 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. Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Dem'eq Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrinen purchaser to insist upon strict performance hereofor any ofits rights or remedies m to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wool St., Fort Collins. CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goads or services otherwise spmified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the stare, municipality, territory or political subdivision where the work is performed, or required by any other duly constimied public authority having jurisdiction over the work of vendor Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set faith and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofci,il or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time As may be prescribed by law or by the terms ofany applicable warranty provided by the Seller aver the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute A waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guamnices, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrium change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which am the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been predated, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrinen consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims fothers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, effects and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. R'hmn vet the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substnmially equal but noniniringing equipment, or modify it so it becomes noninfrnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and govemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprewntative(s), on the premises ofothers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and Accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same al the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contmetors employees shall do any work upon the premises ofothers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall spmity the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hattnless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or inducer, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason ofany act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their ofrreeq agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his cOnractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 0311010 C't `, Planning, Development 8, Transpol-tation ��r1�rr���, J,f�O.�/� /fir rI rt !! -®II II pns Engineering 287 N of AvelWe 1t'�NI1 \l41!!- rf 16't161r11 ox580',Ie9e P.O. Box 5 16 1111 �RdvS Fort Collins. CO 80522.0580 970.221.GG05 070.221.6378 -fax rcgay. comMn.q[neering CHANGE ORDER FORM , PROJECT TITLE: Mason MAX BRTProject PROJECT NUMBER: 400903280.521120.90 CONTRACTOR: Michael Baker Jr., Inc. (PON9957149) CHANGE ORDER NUMBER: 11 In preparing change orders show in order as separate numbered paragraphs the following 1. Reason for change. 2. Description of change. 3. Change in contract cost. 4. Change in contract lime. 1 &2. This Change Order will Increase the total contract cost pursuant to RFP N7073 dated 12-01-09. See attached for reason and description of change. 3. The contract cost will Increase by $7,951.00. There will be no change in contract lime. ORIGINAL CONTRACT COST TOTAL APPROVED CHANGE ORDERS TOTAL PENDING CHANGE ORDERS TOTAL THIS CHANGE ORDER ADJUSTED CONTRACT COST (Assuming all change orders approved) ACCEPTED BY: SUBMITTED BY: f 'G• _1 } APPROVED BY: Agent) cc: City Clerk Contractor Purchasing Project File $3,052,480.20 $903,691.33 $198,940.92 $7,951.00 $4,163,063.45 -E: ZU Z E: (8/�0/)Z' TE: -/C9 - / % DATE: Excluded Parties List System Page I of I Search - Current Exclusions > Advanced Search > Multiple Names > Exact Name and SSNfTIN > MyEPLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocurement Codes Agency & Acronym Information > Agency Contacts > Agency Descriptions > StatelCountry Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Administration > Upload Login BW*ucledl Vwitii:es EPLS Search Resources Results — — ------ - — ---- > Search Help Search Results for Parties > Advanced Search Tips Excluded by I > Public User's Manual Firm, Entity, or Vessel : Michael BakerJr., Inc > FAO State: COLORADO '>Acronyms Country: UNITEDSTATES >Privacy Act Provisions As of 15-Feb-2012 5:25 PM EST > News Save to MyEPLS > System for Award Management (SAM) Your search returned no results. i i Reports Back New Search Printer -Friendly ! >Advanced Reports > Recent Updates > Dashboard Archive Search - Past Exclusions > Advanced Archive Search > Multiple Names > Recent Updates t > Browse All Records Contact Information > For Help: Federal Service Desk littps://www.epls.gov/epls/search.do 2/15/2012 City of Fort Collins DATE: August 10, 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.com/4sngineefin9 RE: Mason Corridor (MAX) Bus Rapid Transit Project Cost Analysis —Baker CO#I I Michael Baker Jr., Inc. (Baker) requires a supplement for the BRT project due to the addition of necessary Project related intersection improvements at the Mason/Maple Street intersection that were not included in the original scope of work. The Harmony Station drainage system will require a redesign due to unforeseen design conditions. Both these updates are integral to the Project and required as part of the MAX BRT Construction Project. Attached please find the proposed Change Order # I 1 from Baker. The original design of the Maple/Mason intersection did not include cross -walk enhancements. As BNSF railroad rehabilitates their track section through this area, the cross -walks will be demolished and will require new concrete cross -walks similar to other intersections within the Project Corridor with adjacent stations. This work was identified as the Project developed with BNSF and could not have been anticipated by Baker. The Harmony Station Drainage System was originally designed, approved and sealed however, due to late review comments from Fort Collins Loveland Water District (FCLWD), the storm sewer system needed to be redesigned to accommodate the FCLWD remarks. This work could not have been anticipated by Baker therefore a change order is warranted. I have prepared an Independent Cost Estimate (ICE) also attached, which was in the amount of $8,750.68. In preparing my ICE for this change order, I used previous change order personnel rates from Baker and compared them to other consultants doing similar consultant work, such as FHU and ALM, and found Baker's rates to be reasonable. For the ICE, I based the estimated number of hours to perform this scope of services from my previous experience with Baker and ALM and other projects of similar complexities. As this portion of the Project already had technical drawings associated with the redesign areas, the cost were lower than a full design effort. Baker's request for these services dated August 2, 2012 is $7,951.00. The scope of services was discussed at length in early June and finalized in a meeting held on Monday July 30, 2012. The City agreed on CO# l l budget of $7,951.00 due to our ICE being $8,750.68, which is less than the ICE that the City believed to be conservative. ,FLcr of o`t,Co ins Baker should be utilized for thisparticular work effort since it would be less cost effective to have another consultant do supplemental systems design work as Baker has been engaged with project through Final Design and has technical drawings in the area that needs to be redesigned. Based on my experience and City Staff input, I believe the requested Change Order #10 for the amount of $7,951.00 is reasonable for the change order design work necessary at this time. As such, I recommend approval of this fee estimate. Terry Tyrrell, PE Cltvo: Frt`Collins Date of Estimate: 1-Jun-12 Contract Type: T&M Existing Contract or PO (Y/N): Y Description of Goods (A) or Services (B): B I have obtained the following estimate from; Published Price List / Past Pricing (date) Engineering or Technical Estimate (performed by) Independent Third Party Estimate (performed by) Other (specify) Michael Baker Jr., Inc. - Change Order # 11 Independent Cost Estimate Mason Corridor MAX BRT Final Design Provide supplemental consulting services for system design of the Harmony Station Drainage System and Mason/Maple Intersection Improvements (crass -walks). Baker will update drawings and specifications to include these Project elements into an amendment to the bid documents. Rates are based on previous contracts and/or CO's with Baker. Rates are comparable to other consulting firms. OH and Profit were negotiated in the Original Scope of work. Cost Estimate Details: (Estimate calculated in US Dollars) .B Cost of Services, Repairs, or Non -Standard Items Item/Task: Materials or Work Description Other Direct Costs Labor Rate ($) Total Labor hours Allocated Overhead SG&A' Profit TOTAL BAKER Pro" Mgr $ 141.96 8 1,135.69 Admin $ 120.20 1 120,20 Civil Engineer $ 135.60 24 , Dmina a Engineer $ 123.35 24 2,960.40 60.40 CAD $ 80.00 16 1,280.00 Total 8,750.68 'aN4,g. Gerera'ma AEminlshNive Expemes Signature of Preparers (J a11� / Date: Michael Baker Jr., Titc: d UuiN f.4LAma Bnl:r (brlvvulinir 165 S. Union MO. Suite 200 Lakewood, CO 50228 (720)514-1100 FAX (720) 514-1120 August 2, 2012 Ms. Erika Keeton, PE Mason Corridor Project Manager 281 North College Avenue PO Box 580 Fort Collins, CO 80522-0580 Re: Change Order tt 11, Fort Collins BRT Dear Erika: Attached please find documentation of additional work for the Mason Corridor BRT project, this additional work is required due to changes in field conditions after construction documents have been produced. There are two locations that changes are required: u The Harmony drainage outfall. o Intersection work at Maple and Mason Harmony Drainage Outfall The final plans that were approved indicated that the electric duct bank would need to be relocated by the City of Fort Collins. When the City was looking into the relocation, they indicated that the duct bank could not be relocated and we needed to adjust the pipe. In the interest of getting the plans out to bid, Baker changed the profile of this outfall without a change order. The change did require the relocation of a Fort Collins Loveland Water District (FCLWD) waterline. Per scope, Baker provided the City with the information they needed to coordinate this with FCLWD. The FCLWD contacted Baker directly to get more information and asked for a design of the relocation. Baker asked FCLWD for their standards and criteria, so the design can meet their needs. Rather than providing this information, FCLWD required Baker to design and calculate all elements of the waterline relocation; this includes many items, such as tie -back rods that are routinely handled with standard design sheets that other agencies provide. Baker was not scoped and did not have all the necessary information to do such design. The lack of cooperation of FCLWD and time constraints we are under have prompted us to change the design again. Baker has come up with another solution that will require an additional drop manhole in the middle of Harmony and modifications to the New Mercer Ditch irrigation structure. We have coordinated with the new Mercer ditch company and they have agreed to allow unto -modify their structure. The additional fee we are asking for is to cover our expenses to add a drop manhole in the middle of Harmony, adjust the pipe profile, detail the irrigation structure modification, revise drainage report and revise and document all sheets affected by this change. See attached spread sheet for breakdown of fee Additional fee: $4,033.54 Maple and Mason Intersection After plans had been approved and released for bid, the City asked baker to make changes to the design at the intersection. The City had determined that the design showing the inlet in the southeast quadrant along Mason to stay in place and the curb and gutter to wrap back into would cause maintenance and serviceability issues. The City also determined that the existing enhanced crossings and pedestrian ramps were damaged enough to require replacing. Baker initially chose to leave the inlet in its current location because relocating it would require modifications to the system from the inlet to the detention pond as the angle of the pipe between the inlet and manhole would not work with the relocated inlet. This design was reviewed by City forces and no comments were made. Because the City feels this, is a faulty design, Baker will make the inlet and associated drainage design changes at no charge to the City. The existing enhanced cross walks and associated ramps do meet the City standards and Baker was not notified . of the City's desire to reconstruct them until after construction documents were released. Baker feels they could not have anticipated this and as such this work is out of scope. The additional fee we are asking for is to cover our expenses for layout of new curb ramps and crosswalks, creation of an intersection detail an(] jointing sheets, •revise existing sheets, quantity modifications and documentation of sheet changes. See attached spread sheet for breakdown of fee. Additional fee: $3,917.46 The budget for the original contract is $3,052,480.20. The following change orders have already been processed: o Change Order #1 was executed March 30, 2010 for Mason BRT MIS Component design services in the amount of $191,334.91. o Change Order 42 was executed July 16, 2010 (including: drainage cost estimates, drainage bid alternates, DTC modifications, Operations Analysis, Raptor survey, bridge rating, RR ROW exhibit support, irrigation design, PUC support, EA support and Casey Carwash analysis) in the amount of $140,163.11. o Change Order 43 was executed to extend the contract time through October 21, 2011 • Change Order #4 was executed October 15, 2010 for the McClelland re -design and environmental re-evaluation services in the amount of $170,723.13. o Change Order 45 was executed January 3, 2011 for environmental evaluation and testing for the demolition of the public service building in the amount of $6,669,92. a Change Order #6 was executed March 2, 2011 (including: MSO design, Prospect trash enclosure, NRRC and SIT renderings, Dellenbach retaining wall, PSCO demolition plans, add BNSF information to MIS plans) in the amount of $S2,708.89. o Change Order #7 was executed March 22, 2011 (including: University Station/CSU changes, Spring Creek no -rise certification, irrigation at Whole Foods and King Soopers and WQ changes) in the amount of $57,692.36. u Change Order 118 was executed February 2, 2012 in the amount of $272,219.25. o Change Order 49 was executed February 16, 2012 in the amount of $12,179,76. o Change Order #10 is in process and will be tracked separately. Change Order #11 in the amount of $7,951.00 brings the total contract value to $3,964,122.53. Should you have any questions, please contact me at 720-479-3173 or by email• cfriesen@mbakercorp.com. Sincerely, MICHAEL BAKER JR., INC. Craig M. Friesen, PE