HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9124932Fort Collins
PURCHASE ORDER
PO Number Page
9124932 1of2
This number must appear
on all invoices, packing
slips and labels.
Date: 09/10/2012
Vendor: 103941 Ship To: ENGINEERING DEPT-MASON
CITY OF FORT COLLINS MISCELLANEOUS CITY OF FORT COLLINS
** CIS ** ENGINEERING DEPT-MASON
281 N. COLLEGE AVE -
FORT COLLINS Colorado 80524
Delivery Date: 09/10/2012 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Wetland Mitigation 1 LOT LS 4,707.00
McMurray Ponds
c3. ov�,:9-ems
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:
707.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Biohabitats
PHASE 3 CONSTRUCTION & PLANTING
Biohabitats will build the mitigation area(s) and will provide the equipment and operators, nursery
stock, and plant installers, as necessary, to successfully complete construction. We recommend a
pre -construction meeting with the City, to ensure effective communication during construction. Prior
to grading, we will have the mitigation areas staked. During grading, Biohabitats, along with our
equipment operator, will work to create the appropriate elevations for the mitigation area. Planting
will begin after grading is completed. This scope of work also assumes that excess material
removed from the mitigation area(s) during grading will be handled by the City, and therefore, no
transport of material off -site is included. Biohabitats will provide daily construction logs in the form of
emails to the City project manager. Biohabitats also recommends a final inspection meeting with the
City near the end of construction to review the work and provide an opportunity to address any
issues prior to the equipment leaving the site. When the construction is finished, Biohabitats will
provide the City with a hard copy of the printed email logs (as a record of implementation).
PHASE 4 MONITORING
Based on our understanding of the City's monitoring requirements, three years of mitigation
monitoring and annual report submittal will be required. Monitoring will include a field investigation
followed up by the preparation of an annual monitoring report. The field investigation will include the
delineation of created wetlands in accordance with the 1987 Corps Wetland Delineation Manual and
Great Plains Supplement. The delineation will include wetland boundary flagging, data collection,
photographs and the documentation of successes and failures. Biohabitats will use a GPS unit to
field locate items. Following the field investigation, an annual monitoring report to be prepared and
submitted to the City. The annual monitoring report will document the field investigation findings and
recommend corrective measures, if necessary.
Fee & Schedule
Our fee for services described herein is a lump -sum budget of not to exceed $99,000 based on our
contract rates and the following phase breakdown:
• Phase 1 Mitigation Planning $ 3,500.00
• Phase 2 Design Development $ 26,500.00
• Phase 3 Construction & Planting $ 48,200.00No[e1
• Phase 4 Monitoring $ 15,600.00
Total Project Cost $ 93,800.00
Note I: Budget estimate based upon prior experience to be refined in Phase 2
We are available to begin work as soon as we receive your written notice to proceed.
Assumptions
The scope and fee estimate for this task is based on the assumptions listed below:
El
r
Biohabitats
1. The City of Fort Collins is responsible for coordinating project planning activities with their
staff, CDOT, neighboring landowners, and the larger interchange project team as needed.
2. Biohabitats' scope of work does not include an assessment of water rights, property
ownership, or other legal issues that may be associated with the project. Upland seeding and
grading not associated with wetland mitigation areas will be the responsibility of the City.
3. This scope of work assumes that construction activities will be limited to the mitigation work
related to the final design/build drawings. Any additional construction work requested by the
City will be considered out -of -scope and require additional fees.
4. The design approach will be developed so that it avoids lengthy floodplain analysis and
review. We anticipate that floodplain permitting issues, should they arise, will be handled by
the City.
5. The design development phase assumes that the site alternative has been finalized:
incorporation of new alternatives after that time will be considered out -of -scope and require
additional fee.
6. Biohabitats is assuming that the project will not require permitting or coordination with
regulatory agencies, except for Section 404 coordination with the U.S. Army Corps of
Engineers (discussed above). If additional permitting is necessary (e.g., the development of
a stormwater management plan, Section 7 consultation for federally listed species or other
local, county, state, or federal permitting requirements), it is not included in the above scope.
7. Post construction irrigation will be the responsibility of the City.
8. The above scope has been developed so that construction of all of the mitigation (0.8 acre)
can occur during late summer/early fall of 2012 and include the items addressed in the scope
above. Additional out -of -scope fees may be accrued if the scope becomes segmented (e.g.,
planting occurs in the spring of 2013, mitigation sites are planned/constructed at different
times, mitigation monitoring identifies that corrective measures are needed and monitoring is
extended, etc.).
9. Any excess excavated material will be handled by the City.
10. Meetings that are necessary, but not included in the above scope, will be considered out of
scope and billed on a time and materials basis.
We hope this proposal meets your current needs. Please let me know if you require any additional
information. We look forward to continuing our work with you and the City. If you have any
questions regarding our proposal, please contact me by phone (303-477-0660) or by email at
cbrowne(a)biohabitats.com. Thank you for your time and consideration.
Sincerely,
BIOHABITATS, INC.
J
Claudia Browne, Southern Rocky Mountain Bioregion Leader
5
Title: COFC Natural Areas Wetland Mitigation
Date: 9-5-12
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
NO
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. YES
technical resources.
2. YES
1. Appropriate Financial, equipment, facility
3. YES
and personnel. (Y/N)
4. YES
2. Ability to meet delivery schedule. (Y/N)
5. YES
3. Satisfactory period of performance. (Y/N)
4. Satisfactory record of integrity, not on
declined or suspended listings. (Y/N)
5. Receipt of all necessary data from
vendor. (Y/N)
19) Sound and Complete Agreement
This contract is a sound and complete
agreement. In addition, it includes remedies
PURCHASE ORDER
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
1. YES
source. (Verify prices are no higher than price
2. YES
for such item by likely customers.)
(2) Public exigency for the requirement did
3. YES
not permit a delay resulting from a
4. NO
competitive solicitation.
5. YES
(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
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
of this procurement. At a minimum, these
1. YES
records include:
2. PO
(1) the rationale for the method of
3. YES
procurement,
4. YES
(2) Selection of contract type,
(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
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
NO
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
NO
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.
NA
2) The procurement file contains: Price
reasonableness determination.
56) Clauses
This contract contains the appropriate FTA
NA
required clauses.
Excluded Parties Search
CITY OF FORT COLLINS
EPS run and include in the file.
Purchase Order Terms and Conditions
Page 2 of 2
L COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state 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, Denver, 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 Set let in the event of a
breach, the acceptance of or 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 written purchaser to insist upon strict performance hermfor any of its rights or remedies as 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 of all 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 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Ifthe 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 oil
applicable Imes, regulations, ordinances and rules of the slate, municipality, territory or political subdivision where
the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, born fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms 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 ofpartial late deliveries, shall operate as a waiver of this provision. in the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option 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 ofnegligewme,
such acb, of God, am ofeivil or militay authorities, govemmenml priorities, fires, strikes, hood, epidemics, wars or
riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be tit 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 cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done ar 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 of any of the foregoing warranties
or guarantees, 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 roan legal icons, mending additions to or deletions f onto
the quantities originally ordered in the specifications or drawings, by verbal or written 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 ofthe Seller with respect to any goods which are the Sellers standard stack. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants 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 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 ofthis 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 cons ey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims predicts.
The Seller 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 and employees of such party.
I lie 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.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material 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 part thereof or the intended use of the goods, is in such suit held to constimle 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 substantially equal but
noninfringing equipment, or modify it so it becomes noninfn'nging.
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 of terms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be
construed under and governed by the laws ofthe State of Colomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(sh on the premises of others.
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 famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the 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 ofthe 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, $500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the promises of others, 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 specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan 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 of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or 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 officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors 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 rules and regulations issued pursuant thereto.
Revised 0312010
City of
F6rt Co,11ins
Memorandum
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
icgov. corn/engineering
To: Jun O'Neil, Director of Purchasing and Risk Management
From: Terry Tyrrell, Consultant Project Mang & Erika Keeton, Special Projects Engineer
Date: September 4, 2012
1z#93�?'
Re: MAX BRT — Requisition Request
City of Fort Collins Natural Areas
Wetland Mitigation for MAX BRT Project at McMurray Ponds (0.1852 ac restoration)
The City of Fort Collins Parks and Natural Areas Department must be utilized as sole source for
restoration of 0.1852 acres of distributed wetlands. The City was underway with restoration activities at
McMurray Ponds when the restoration requirements became apparent for the MAX BRT Project. As the
MAX BRT Project is a linear transportation corridor project, there are very few areas applicable to
wetland restoration and increasing the wetland restoration acreage at McMurray Ponds is a City project
being performed by City Staff. As such, the City's environmental group (Lindsay Ex) requested that
additional area be added to McMurray Ponds restoration project in lieu of finding an area for restoring the
wetlands impacted by the BRT Project along the Project Corridor in accordance with City Land Use Code
Section 3.4.1 (0). The McMurray Ponds are roughly 5 miles from the MAX BRT Project.
Please see the attached memorandum prepared by Lindsay Ex dated May 31, 2011. The City's Natural
Area Department incurred these costs in 2011 pursuant to the McMurray Pond restoration project. They
have held these costs until the PCGA was awarded by the FTA for construction funding. Now that the
PCGA has been awarded, Natural Areas is seeking reimbursements for this effort.
I have included the cost estimate for the wetland restoration for the 0.1852 acres needed for the BRT
Project. We utilized another City Project, the I25 and SH 392 Interchange Project, which included similar
wetland restoration. The cost associated with this comparison project is 0.8 acres of restoration is $48,200
(see attached proposal from Biohabitats dated February 6, 20120). As we are only restoring 0.1852 acres,
this works out to be approximately $11,158 as a projected cost based on the attached proposal from
Biohabitats. The City's Natural Areas Department is restoring our 0.1852ga acres for $4,707, which is
42% of the projected cost. The attached Independent Cost Estimate (ICE) breaks down these costs as
described above. Pursuant to further discussions with the City's Natural Areas Department, we believe
their estimate in conjunction with the support documentation is reasonable.
I recommend that the requested budgets of $4,707 for the 0.1852 acres of wetland restoration be approved
as project expenditures via purchase order relative to the MAX BRT Project.
Fort Collins Independent Cost Estimate
i-1`�` City of Fort Collins Utilities
Two Way Conversion Signing and Striping
Dale of Estimate: 25-Jul-I2
Contract Type: T&M
Existing Contract or PO (Y/N): Y
Description of Goods (A) or Services (B):
Work includes 0.1852 acres of wetland mitigation necessary for the MAX BRT project. Ongoing City restoration project
(McMurrary Ponds) will be increased to support MAX BRT wetland mitigation impacts.
I have obtained the following estimate from;
Published Price List / Past Pricing (date)
Engineering or Technical Estimate (performed by) City of Fort Collins Natural Areas
Independent Third Party Estimate (performed by)
Other (specify)
Cost Estimate Details:
(Estimate calculated in US Dollars)
Cost of Standard Items
Product
Cost($/ea)
Cost($/ea)
Notes/Data Source
Delivered
No Freight
Biohabitats Proposal (wetland
restoration)*
$60,250/acre
MAX BRT Welland Restoration
(0.1852 Acres)
$11,158/acre
Total
See attached proposal from Biohabitats page 4 - Phase 3 Construction and Planting - 0.8
acres = $48,200
Cost of Services, Repairs, or Non -Standard Items
Itemlfask:
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Signature of Preparer. ec'
MEMORANDUM
Date: May31, 2011
To: Helen Migchelbrink, City Engineer
Mark Sears, Natural Areas Director
Thru: Steve Dush, CDNS Director
From: Lindsay Ex, Environmental Planner
Re: Mason Corridor Bus Rapid Transit (MAX BRT)
Wetland Mitigation
Background
r
Planning, Develcpmenl and
Transportation
Current Planning
281 North College Ave.
P.O. Box 580
Foit Collins, CO 80522-0580
970.221.6750
970.224.6134 - fax
fcg0 v. co m/current planriro
The Mason Corridor Bus Rapid Transit (MAX BRT) Corridor is a five mile north -
south byway within the city of Fort Collins which extends from Cherry Street on the
north to south of Harmony Road and will operate nearly twice as fast as auto travel
along College Avenue, as well as provide high frequency service every 10 minutes.
In the design for this project, impacts to wetlands have been minimized throughout
every stage. However, based on the final project's design, 0.1852 acres of
wetlands will be permanently impacted.
Of the 0.1852 acres of wetlands that will be permanently impacted, the
jurisdictional (wetlands recognized by the Army Corps of Engineers) constitutes
only 0.0144 acres. According to conversations with the Army Corps of Engineers
(ACOE) and their regulations, ACOE only requires mitigation if the permanent,
jurisdictional impacts are greater than 0.10 acres. Instead, ACOE will be requiring,
authorization via Nationwide Permit14, entitled "Linear Transportation Projects," for
fill within the 0.0144 acres of jurisdictional wetlands.
However, the City of Fort Collins does not discriminate between jurisdictional and
non -jurisdictional wetlands and will require mitigation for the 0.1852 acres of
wetland permanently impacted by the project. This is based on Section
3.4.1(E)(2)(b) of the Land Use Code, which states the following:
"(b) If the development causes any disturbance within the buffer zone,
whether by approval of the decision maker or otherwise, the applicant shall
undertake restoration and mitigation measures within the buffer zone such
as regrading and/or the replanting of native vegetation. The applicant shall
undertake mitigation measures to restore any damaged or lost natural
resource either on -site or off -site at the discretion of the decision maker.
Any such mitigation or restoration shall be at least equal in ecological value
to the loss suffered by the community because of the disturbance, and shall
be based on such mitigation and restoration plans and reports as have been
requested, reviewed and approved by the decision maker. Unless otherwise
authorized by the decision maker, if existing vegetation (whether native or
non-native) is destroyed or disturbed, such vegetation shall be replaced with
native vegetation and landscaping."
Of the wetlands permanently impacted, almost 94% (0.1737 acres) are palustrine
emergent wetlands. Other wetland types include 0.0001 acres of palustrine
emergent with scrub -shrub and 0.0104 acres of palustrine emergent with forested
overstory.
In addition to these 0.1852 acres of wetlands permanently impacted, 0.0594 acres
of wetlands will be temporarily impacted in the construction process.
IL Mitigation Approach
Ila. Permanent Impacts
To address the 0.1852 acres of wetlands permanently impacted, the MAX BRT
project will be providing $4,707 to the City of Fort Collins Natural Areas program.
These funds will be applied to the wetland restoration effort at the McMurray Ponds
Natural Area this summer (2011). Consistent with the Land Use Requirements,
that "any such mitigation or restoration shall be at least equal in ecological value to
the loss suffered by the community because of the disturbance," the wetland type
being mitigated will consist of palustrine emergent wetlands, as this is the
predominant wetland type impacted by the project.
Also, as noted above and to comply with federal requirements, per Land Use Code
Section 3.4.1(0) Proof of Compliance, a copy of the Nationwide Permit 14 from the
Army Corps of Engineers will be provided to the City of Fort Collins' Current
Planning Department by the City of Fort Collins' Engineering Department. Finally,
references to the 0.1852 acres of permanent wetland impacts being mitigated at
McMurray Ponds Natural Area will be incorporated into the MAX BRT design
documents, e.g., in the general notes or in the stormwater management plan.
Ila. Temporary Impacts
To address the 0.0594 acres of temporary impacts, the project's construction
specifications will be updated to incorporate native reseeding rates and timing
specifications and monitoring of these areas throughout the construction and post -
construction phases to ensure reseeding has been successful. I will be working
with the Engineering Department to ensure this monitoring and any necessary
adaptive management strategies are incorporated into each of the project's
phases.
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Southern Rocky Mountain Bioregion
1732 Wazee S¢eet Suite 29
Denver, CO 80202
303 477-0660 303 477-4648 fax
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February 6, 2012
Mr. Rick Richter
Capital Improvements Project Manager
City of Fort Collins
281 North College Avenue
PO Box 580
Fort Collins, CO 80522-0580
RE: 125 and SH 392 Interchange Mitigation
Biohabitats Proposal No. 12903.01
Biohabitats Scope and Fee
Dear Rick:
This- proposal letter is in response to our recent discussions about assisting the City of Fort Collins
(City) with mitigation planning, design development, construction, and monitoring for the 125 and SH
392 interchange project (interchange project). To make the most effective use of the City's
resources, this proposal letter recommends a collaborative approach between Biohabitats and the
City. For example, Biohabitats assumes that certain activities (e.g., completing upland grassland
seeding) will be coordinated and led by City staff.
Project Understanding
Based on our meeting on January 24, 2012, we understand that the -City committed to a 3:1 wetland
mitigation ratio for the 0.4 acre of wetlands that were impacted by the interchange project, or 1.2
acres total wetland mitigation. Compliance with Section 404 of the Clean Water Act (Section 404)
only required a 1:1 mitigation ratio, or 0.4 acre of wetland mitigation. In order to meet the Section
404 requirements, 0.4 acre of wetland bank credits were purchase from the South Platte Wetland
Mitigation Bank.
The remaining 0.8 acre of the City's wetland mitigation for the interchange project is addressed in
this proposal. It is our understanding that the City's goals for the 0.8 acre of wetland mitigation are
to: 1) create additional wetland area near the interchange project; 2) create wetlands of significant
ecological value and; 3) diversify the types of vegetation communities (e.g., riparian and upland
communities) adjacent to existing wetland area.
Scope
Based on our understanding of the interchange project and desired level of effort, our scope of work
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covers 4 phases — mitigation planning, design development, construction, and monitoring — as
described below.
PHASE 1 MITIGATION PLANNING
Task 1.1 Background Information Review
The exact location of the mitigation area(s) is not yet known due to uncertainty surrounding the
location and extents of a nearby prairie dog colony and land ownership. Biohabitats anticipates that
more than one area may be needed to meet the 0.8-acre requirement. Biohabitats will review
background information for up to three potential mitigation areas selected by the City within the
vicinity of the interchange, prior to conducting a field visit. Background information may include the
National Wetlands Inventory, FEMA floodplain maps, soil maps, piezometer data, available City
data, etc.
Task 1.2 Initial Field Visit
Two staff people from Biohabitats and City personnel will conduct a one day Feld visit of up to three
potential mitigation sites identified in Task 1. The main objective of this initial field visit will be to
familiarize ourselves with the potential mitigation location(s) and identify potential mitigation
challenges. If mitigation site selection has not been finalized, then we will assist with identifying
potential feasibility and design considerations for the mitigation sites.
PHASE 2 DESIGN DEVELOPMENT
Task 2.1 Mitigation Alternatives
After the initial field visit, Biohabitats will provide the City with a letter report addressing and
depicting potential mitigation site alternatives. Mitigation alternatives may include a variety of
elements, e.g., wetland fringe shelves, riparian and upland habitat enhancement, or shoreline
configurations, with the specific plans for extent, locations, relative elevations, and revegetation
efforts. The letter report will also include the consideration of constraints and considerations (e.g.,
power lines, City's available funding for the mitigation, mature cottonwoods and other existing native
vegetation, weed treatment needs, floodway location, and wetland permit issues).
Following submittal of the letter report, Biohabitats and the City will have a meeting to discuss the
mitigation alternatives. The primary goal of the meeting will be to select a mitigation alternative(s)
for design development (see Phase 2 below).
Task 2.2 Field Data Collection
After a mitigation alternative(s) is selected, detailed field data will be collected for the design effort. A
one -day field visit to the mitigation area(s) with a City staff member will be scheduled to collect data
for design development. Field data to be collected may include wetland boundaries, water depth,
key vegetation locations, locations of critical features, and soil characteristics.
In addition to the above information, it is assumed that elevation data may need to be collected for
the selected mitigation alternative(s). Biohabitats will provide a GPS unit, laser survey level, rod, and
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measuring tape for the surveying effort. Following the field visit, Biohabitats will produce a
geographically -referenced elevation file in GIS format for draft design development. The City will
provide Biohabitats with a nearby benchmark with known elevation to tie in the elevation survey. If a
nearby benchmark is not available, then Biohabitats will tie surveyed items into a stake with an
arbitrary assigned elevation. While not necessary for design development, the City may choose to
survey the actual elevation of the stake.
Task 2.3 Draft Design
Biohabitats will prepare draft design plans using information gathered during the field data collection
task. The draft design will include a plan view, cross section(s), and planting lists by zone, as
appropriate. The draft design will attempt to minimize heavy equipment impacts by identifying
restricted work areas (e.g., staging areas, access routes, etc.). The work areas will be reseeded with
a mixture of grass and grass -like species which are native to the local area and which provide
wildlife food and cover. The draft design plans will be developed to a level of detail suitable for
design/build by Biohabitats. After completion, Biohabitats will submit the draft design plans to the
City for review and comment.
Task 2.4 Regulatory Requirements
Based on the current information, it is assumed that permitting and coordination with regulatory
agencies will be minimal. In fact, Section 404 permitting may not be necessary for this portion of the
mitigation project due to the anticipated avoidance of impacts to features that are regulated under
Section 404 (e.g. wetlands and other waters of the U.S.). In order to confirm permitting
requirements, Biohabitats will contact the U.S. Army Corps of Engineers regulator to discuss the
features that may be regulated within the mitigation area(s) and the draft design, If necessary, a
field visit will be conducted to review wetland and other waters of the U.S. boundaries and the draft
design. The focus of coordination with the U.S. Army Corps of Engineers will on the proposed
improvements to ecological diversity.
Only if minor wetland and other waters of the U.S. cannot be avoided (e.g., to tie in new
communities or expansion into regulated features), then a nationwide permit (e.g., Nationwide
Permit 27: Aquatic Habitat Restoration and Enhancement) may need to be obtained from the
USACE for the mitigation area(s). However, to ensure that this scope and fee is complete, we have
included obtaining a nationwide permit in the cost estimate provided below. If it ends up not being
needed, then the fee associated with this task can be used for another item, such as additional
planting. This scope of work does not include any other types of permitting.
Task 2.5 Final Design
.Upon receipt of City comments on the draft design and input from the U.S. Army Corps of
Engineers, Biohabitats will prepare the final design/build construction documents including plan
view, cross -sectional, and planting plans. This task assumes that the final design will consist of
relatively minor revisions to the draft design a based on the mitigation alternative(s) determined in
Task 1.3.
3