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Home My WebLink About247203 SURFACE STRATEGY LLC - PURCHASE ORDER - 9125603Fort Collins PURCHASE ORDER Date: 10/24/2012 Vendor: 247203 SURFACE STRATEGY LLC ATTN: BARBARA MCKEE 1305 KRAMERIA ST SUITE H-168 DENVER Colorado 80220 PO Number Page 9125603 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS Colorado 80524 Delivery Date: 10/23/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Concrete form liners 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 1 LOT LS Total Invoice Address: 7,697.27 .27 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 ART TREATMENT SIZE TOTAL S . FT. COST PER S . Ff. HOURLY RATE TOTAL HOURS ESTIMATED COST HERON MURAL (HM) - Carve Prototype 7.5h x 20'I x 1.75" d 150 $200.00 $30,000.00 HERON MURAL (HM) - 1 Liner 7.5h x 20'I x 1.75" d 150 $125.00 $18,750.00 WATER RIPPLE (WR) - Carve Prototype 3'4"h x 5' 1 x 1.75"d 16.5 $200.00 $3,300.00 CATTAIL & GRASS (CGW) - Carve Wing Wall 4'h x 15' 1 x 1.75"d 60 $200.00 $12,000.00 CATTAIL & GRASS (CGH) - Carve Head Wall 21"h x 8'I x 1.75"d 14 $200.00 $2,800.00 CATTAIL & GRASS (CGW) - 2 Liners/1 Master 4'h x 15' I x 1.75"d x 3 180 $125.00 $22,500.00 CATTAIL & GRASS (CGH) - 2 Liners/1 Master 21"h x 8'1 x 1.75"d x 3 42 $125.00 $5,250.00 SUB -TOTAL $94, 600.00 15% CONTINGENCY $14,190.00 CONTRACT TOTAL 1######## $108,790.00 LIST OF WALLS 1. Glenmore Detention Basin NO ART 2. Outlet - Avery Park Pond NO ART 3. Headwall/Wingwall-Fairbrooke Detention Basin CATTAIL -GRASS CG 4. Headwall/Wingwall-Fairbrooke Detention Basin WATER RIPPLE WR 5. Headwall/Wingwall-Kane Detention Basin WATER RIPPLE WR 6. Headwall/Wingwall-Kane Detention Basin WATER RIPPLE WR 7. Castlerock Outfall HERON MURAL HM WATER RIPPLE WR 8. Headwall/Wingwall-Red Fox Meadows Detention BE CATTAIL -GRASS CG 9. Headwall/Wingwall-Red Fox Meadows Detention BE CATTAIL -GRASS CG 10. Unkown Location WATER RIPPLE WR 11. New Mercer Ditch WATER RIPPLE WR 12. New Mercer Ditch WATER RIPPLE WR ADDITIONAL NOTES: 1. Liner cost includes time and all extra material to prepare and pour liners, cost of shipping, artist consulting time to oversee, approve and deliver liner to site. 2. Eliminating the cost of a master mold for the Heron Mural is a risk. Depending on the quality and condition of the first pour from the prototype, a master mold my need to be made. The estimated additional cost is shown below. 3. Liners for the Water Ripple (WR) pattern have not been determined. This will be an additional cost @ $125.00 per square foot dependent upon the size and number of liners required to complete different structures. See below. 4. Additional-costfor--design-and layout--of.-art-on-structures-iWill bep'aldysepa� r, tely-at•$50:00 ah-'hour: See below, --- -_ _- 5. Add�tionaltGost=for_SIrE WORK/ -Assist Linerinstallation�will..,,be,oaid7.seoarately at $50:,00-an-hour•:'�3See below. HERON MURAL HM - 1 Master 7.5h x 20'1 x 1.75" d 150 $125.00 $18 750.00 WATER RIPPLE (WR)- 9 Liners/1Master 3'4"hx5'I x 1.75"dx10 165 $125.00 $20 625.00 LAYOUT WALLS #4,#6, #10, #11, #12 WR Pattern 336 $SA001 32 $1,600.00 LAYOUT WALLS #3,#5,#8,#9 CG Pattern 529 $50.00 27 $1,350.00 SITE WORK/Assist Liner Installation $50.00 190 $9,500.00 No Text of F6rt`��Collins Memorandum To: Jim O'Neil, Director of Purchasing and Risk Management From: Ellen Martin, Art in Public Places Date: 8/28/2012 Re: Mason Corridor MAX BRT Final Design Surface Strategy — Artist Barb McKee Wall Form Liners Cultural Services Art in Public Places Lincoln Center 417 W. Magnolia St Fort Collins, CO 80521 970,416-2789 970.221-6373 - fax www. fcgov. coWartspublic The City of Fort Collins Art in Public Places Program worked with the Red Fox Meadows Project Team and City Purchasing process to select an APP artist for the Red Fox Meadows Natural Area Project. Barb McKee of Surface Strategy was selected from an open call (RFQ) to work with the team to develop concrete form liners for the walls on site at this natural area. Working with the Mason Corridor Project Team, artist Barb McKee proposed reusing the form liners from the Red Fox Meadows Project and using portions of the liners on the walls along the BRT corridor. This is a great resource to use these form liners to enhance the Mason Corridor walls for a very small budget. The original form liners cost over $177,000 to design, carve, cast, transport, etc. I believe the amount of $7,697.27 at an hourly rate of $50 is very reasonable for the work prescribed in the attached quote. As such, I recommend approval of this expenditure. Total Project Budget $7,697.27 (Wall Form Liners) city0 ,-Fort o llns Date of Estimate: 2017- Contract Type: Existing Contract or PO (Y/N): N Description of Goods (A) or Services (B): Independent Cost Estimate Mason Corridor (MAX) - Wall Form Liners Artist will work with project team to design a wall treatment for the retaining wall using existing artist -designed concrete form liners. Artist will inspect form liners, work with the project team and present wall design concepts, create form liner layout options, and oversee the.use of the liners during construction. This comparison is to similar work on the APP Red Fox Meadows form liner project. (See project packet for Red Fox Meadows description and budget) (See scope of work. for Mason Project) I have obtained the following estimate from; Published Price List / Past Pricing (date) Engineering or Techincal Estimate (performed by) Independent Third Party Estimate (performed by) Other (specifiy) Red Fox Meadows Contract 2008 Cost Estimate Details: (Estimate calculated in US Dollars) Cost of Standard Items Product Cost ($/ea) Cost ($/ea) Notes/Data Source Delivered No Frieght Total Cost of. Services, Repairs, or Non -Standard Items Item/Task: Materials or Work Description Other Direct Costs Labor Rate ($) Labor Hours Labor Class Allocated Overhead SG&A' Profit TOTAL Artist Fee for above Scope $50 Hr 140 $7,000 Travel $30 roundtrip 10 trips $300 Patch or repair of liners $1,000 $1,000 10%Miscellaneous $765 $765 Total $ 9,065.00 / 'Selling: General and Administrative Expanses Signature of Preparers ART TREATMENT SIZE TOTAL SQ. FT. COST PER SQ. FT. HOURLY RATE TOTAL HOURS ESTIMATED COST HERON MURAL (HM) - Carve Prototype 7.5h x 20'I x 1.75" d 150 $200.00 $30,000.00 HERON MURAL (HM) - 1 Liner 7.5h x 20'I x 1.75" d 150 $125.00 $18,750.00 WATER RIPPLE (WR) - Carve Prototype 3'4"h x 5' 1 x 1.75"d 16.5 $200.00 $3,300.00 CATTAIL & GRASS (CGW) - Carve Wing Wall 4'h x 15' 1 x 1.75"d 60 $200.00 $12,000.00 CATTAIL & GRASS (CGH) - Carve Head Wall 21"h x 8'I x 1.75"d 14 $200.00 $2,800.00 CATTAIL& GRASS (CGW) - 2 Liners/1 Master 4'h x 15' I x 1.75"d x 3 180 $125.00 $22,500.00 CATTAIL & GRASS (CGH) - 2 Liners/1 Master 21"h x 8'I x 1.75"d x 3 42 $125.00 $5,250.00 SUB -TOTAL $94, 600.00 15% CONTINGENCY $14,190.00 CONTRACT TOTAL ######## LIST OF WALLS $108,790.00 1. Glenmore Detention Basin NO ART 2. Outlet - Avery Park Pond NO ART 3. HeadwalIlWingwall-Fairbrooke Detention Basin CATTAIL -GRASS CG 4. Headwall/Wingwall-Fairbrooke Detention Basin WATER RIPPLE WR 5. Headwall/Wingwall-Kane Detention Basin WATER RIPPLE WR 6. Headwall/Wingwall-Kane Detention Basin WATER RIPPLE WR 7. Castlerock Outfall HERON MURAL HM WATER RIPPLE WR B. Headwall/Wingwall-Red Fox Meadows Detention BE CATTAIL -GRASS CG 9. Headwall/Wingwall-Red Fox Meadows Detention BE CATTAIL -GRASS CG 10. Unkown Location WATER RIPPLE WR 11. New Mercer Ditch WATER RIPPLE WR 12. New Mercer Ditch WATER RIPPLE WR ADDITIONAL NOTES: 1. Liner cost includes time and all extra material to prepare and pour liners, cost of shipping, artist consulting time to oversee, approve and deliver liner to site. 2. Eliminating the cost of a master mold for the Heron Mural is a risk. Depending on the quality and condition of the first pour from the prototype, a master mold my need to be made. The estimated additional cost is shown below. 3. Liners for the Water Ripple (WR) pattern have not been determined. This will be an additional cost @ $125.00 per square foot dependent upon the size and number of liners required to complete different structures. See below. 4. Additional cost for design and -layout of--art-,on structures will be'paid separately at$50.00 an -hour. See below. S. Additiona! Gost.for SITE .WORK/ Assist.Liiier::Installation will be paid-separately+at-$50:00 an hour. -";'See below. HERON MURAL HM - 1 Master 7.5h x 20'I x 1.75" d 150 $125.00 $18,750.00 WATER RIPPLE (WR)- 9 Liners/1Master 3'4"hx5'1 x 1.75"dx10 165 $125.00 $20,625.00 LAYOUT WALLS #4 #6, #10, #11, #12 WR Pattern 336 $50.00; 32 $1,600.00 LAYOUT WALLS #3,#5,#8,#9 CG Pattern 529 $50.00 27 $1,350.00 SITE WORK/Assist Liner Installation $50.00 190 $9 500.00 Cb al:�� a O f �t Y tf •� I' i.Fl T fl ,� . k r e ' al of ]Pont comme °uQTIMM 2008 .. 1j _ Details of the itcsigir concepts fo; the concrete str,ercheres ' The combined imagery of the panels will establish a unified yet diverse collection of art that will quietly serve as landmarks within the natural area. b)age of Water Ripph° testru•e to be used as a background palter) throughout the desipl. By- casting multiple molds of these images, they can be used more than once, in a variety of compositions and on different concrete structures. Up to 10 structures have been proposed for this project. The molds can also be used at other city sites in the future. J Fox Liner Details :gh Measurements 11, 2011 yright Surface Strategy LLC DES: d Liners: Actual liners used in the I to construct a wall. Liners may s been cut so real ensions may differ from those wn on this detail page. on HM: This liner has been cut 3 pieces and once each piece is isured, field dimensions will be irded in the final report. fail CA: This liner matches along sight and left vertical edge. Once liner is measured, field dimensions oe recorded in the final report. er Ripple WR: Water are is the same size as the water kground in the Cattail and Heron al and matches along its' top, om, right and left edges. 8 field -s exist and each measures a Trent size that will be recorded in final report. 20' Heron Mural: HM Relief Depth= 1.75" Copyright Surface Strategy2009 Liner Thickness = 2.133" Cattail: CA Relief Depth = 1.75" Liner Thickness = 2.133 M Water Ripple = WR Relief Depth = 5/8" Liner Thickness = 1" SURFACE STRATEGY '� 1 �n ipatl 1 uL�liti t .�q(a P�, 1 t0i KRAMERIA S1 =N -I(M DII-NVI`R 0) 86220 I'I10NE :tt 813.OSOl 1`AX 0:I. tJ( 1, 3(170 surtOCc'stralct;t�'�cari lilink.nci. SCOPE OF SERVICE To: Ellen Martin, Art in Public Places From: Barb McKee, Principal Designer, Surface Strategy LLC Re: Re -use of Red Fox Liners for the Mason Corridor BRT Date: May 10, 2011 Revision Surface Strategy requests a time and material contract in the amount of $ 7,697.27 at an hourly rate of $50.00 to perform design -build services for the aesthetic treatment of a retaining wall within the Mason Corridor BRT. These services will relate to re -use of liners used on the Red Fox Meadows project. The intent of this treatment is to enhance the surface of the concrete wall(s). This scope includes the cost of time and material for the following items: 1. Inspect liners to determine condition and size requirements. 2. Meet with design team to set project goals, identify walls for treatment and present design concepts 3. Layout wall based on engineered elevations. 4. Determine liner use and revise liners to fit new conditions. . 5. Consult with engineers, project managers and general contractor in the use of said liners. 6. Site visit and review during construction. 7. Travel will be calculated at .550 cents per mile 8. Price for printed documents from Fed Ex/ Kinkos on 5.10.11' 9. Price for commercial truck rental from Enterprise on 5.10.11 DETAILED COSTS: 1. Inspect liners to determine condition and size requirements. . 2 site visits to measure and record condition of liners • Write brief summary for presentation at meeting • 3 hours per visit x 2 visits = 6 hours $ 300.00 • (64.6 miles one way) or $ 30.00 per round trip allowance x 2 60.00 2. Meet with design team to set project goals and perimeters. • Present information on condition and size of liners • Determine budget for re -use of liners • Identify walls for treatment • 3 hours $ 150.00 • Michael Baker, 165 S. Union Blvd, St. 200, Lakewood CO 80228 = 27.4 miles 15.07 3. Layout walls based on engineered elevations. • Layout walls providing two design variations • Submit cost of each design • Meet with design team to present design concepts • 30 hours $ 1,500.00 • Michael Baker, 165 S. Union Blvd, St. 200, Lakewood CO 80228 = 27.4 miles 15.07 • 2 sets of printed documents on 11" x 17" = 24 cents per page x 12 2.88 4. Determine liner use and revise to fit conditions • Clean, revise or repair liners and deliver to site. • (Subject to liner conditions and approved design) • 60 hours $ 3,000.00 • Deliver liners to Scott System and return liners to site = $30.00 allowed x 2 60.00 • Professional shipment of liners 500.26 5. Consult with design team, project managers and general contractor • Telephone and email correspondence discussing use of liners • 5 hours $ 250.00 6. Site visit and review during construction • Review methods of concrete placement = 4 hours • Review attachment of liner to gang forms = 3 hours • Review stripping liner from concrete = 3 hours • Review finished wall surface for quality = 2 hours • Research final treatment of wall/ select paint color, other = 3 hours • 15 total hours $ 750.00 • (64.6 miles one way) or $ 30.00 per round trip allowance x 3 trips 90.00 7. 15% Contingency 1,003.99 GENERAL NOTES ON COST DETAILS: $ 7,697.27 TOTAL o Based on a time and material contract, all hours and materials will be recorded and billed according to actual time and labor billed at $50.00 an hour. o Artist will seek approval from client prior to performing any and all additional services not specified in this scope to be billed at $50.00 an hour. o I referenced past, related work completed to date to determine the amount of time and projected cost of this new work. Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from stale 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 temts 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 Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe 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 hereofor 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 effort 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 ore 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 most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the 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 parts of the county, 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 mul 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 perforated 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 stale, municipality, territory or political subdivision where the work is performed, or required by any other duly entertained public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hornless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ndes and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess fall 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 most be effected within the time stated on the purchase order and the documents attached hereto. No was of the Purchasers including, without limitation, acceptance ofpartial 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 ofplacing 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 comfort and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within ❑ve (5) days of the time when the Seller first received knowledge thereof. In the event ofany 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 (1) year or within such longer period of time as may he prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any 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 than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change a0ece, the amount due or the time ofperformance 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 are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH JAW. The Seller wommax that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and rebmlxtions 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 lac'. 9. ASSIGNMENT. Neither party shall assign, tmnsfeq or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other parry. 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 of others. The Seller shall release the Purchaser and its contractors of any net 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 ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he perforated 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 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 pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15ANSOLVENCY. 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 panics hereunder shall be construed under and governed by the laws offl e 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 Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers 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 Sellers 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 became responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 19. 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 he 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 $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises 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 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 of the 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 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 of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their affects, 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 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 contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03/2010 Mason Road Proposal Preliminary layout for Budget Barb McKee, Surface Strategy 6.13.11 .M CT ! HM �> i CT , -- -' -- - - i ---------- --'—....... —_...... . PLAN = PRICED IN BUDGET CT = 2 Liners make 1 full image/ 4 Liners make 2 full images HM = 3 Liners make 1 full image Optional = Use WR as a centered, horizaontal stripe on a separate 90'Gang Form (See Plan B) 90, - GT HM e, PLAN = PRICED IN BUDGET CT = 2 Liners make 1 full image/ 4 Liners make 2 full images HM = 3 Liners make 1 full image Optional = Use WR as a centered, horizaontal stripe on a separate 90'Gang Form (See Plan B) - ------- ._ -- cr --_-.....--------'.................... ..... 12' FP3i Mason Road Proposal Preliminary Layout for Budget Barb McKee, Surface Strategy 6.13.11 M w. :, WR CT WR HM ce WR CT o WR PLAN D = PRICED IN BUDGEt WR = 4 Liners plus 1 Liner to out to fit CT = 2 Liners makes 1 full image/ 4 Liners make 2 full images HM = 3 Liners make 1 full image .N WR 7.76 GT c WR HM WR GT c WR se' PLAN D = PRICED IN BUDGEt WR = 4 Liners plus 1 Liner to cut to fit CT = 2 Uners makes 1 full image/ 4 Liners make 2 full images HM = 3 Liners make 1 full image 12' Em Excluded Parties List System Page 1 of 1 Search -Current Exclusions I CD1Q ,� Resources > Advanced Search > Multiple Names > Exact Name and SSN/TIN > MyEPLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocurement Codes Agency & Acronym Information > Agency Contacts > Agency Descriptions > State/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance >Administration > Upload Login Results ! 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Back New Search Printer -Friendly > Search Help >Advanced Search Tips > Public User's Manual >FAQ > Acronyms > Privacy Act Provisions > News System for Award Management > (SAM) Reports >Advanced Reports > Recent Updates > Dashboard Archive Search - Past Exclusions >Advanced Archive Search > Multiple Names > Recent Updates > Browse All Records Contact Information > For Help: Federal Service Desk https://www.epls.gov/epls/search.do 9/7/2012 Excluded Parties List System Page 1 of 1 Search - Current Exclusions > Advanced Search > Multiple Names > Exact Name and SSN/TIN > MyEPLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocurement Codes Agency & Acronym Information > Agency Contacts > Agency Descriptions > State/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Administration > Upload Login I Exe bd'edl Parities; List, System, Results Search Results for Parties Excluded by Firm, Entity, or Vessel : surface strategies As of 07-Sep-2012 3:00 PM EDT Save to MyEPLS 1 Your search returned no results. Back New Search Printer -Friendly Resources > Search Help > Advanced Search Tips > Public User's Manual >FAQ > Acronyms > Privacy Act Provisions > News System for Award Management > (SAM) Reports >Advanced Reports > Recent Updates > Dashboard Archive Search - Past Exclusions > Advanced Archive Search > Multiple Names > Recent Updates > Browse All Records Contact Information > For Help: Federal Service Desk https://www.epis.gov/epls/search.do 9/7/2012 Title: Surface Strategies Date: 10/23/12 CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE) Checklist Item Contract File Comments Location 7) Independent Cost Estimate The City made and documented an '''�l ,✓ Y independent cost estimate before receipt of proposals. 10) Unnecessary Experience and Excessive Bonding Unnecessary experience and excessive N bonding requirements were not included in this solicitation or contract documents. 11) Organizational Conflict of Interest (OCI) If there is an apparent or potential OCI the solicitation contains provisions to eliminate or mitigate the conflict (e.g. by inserting a clause N 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 N other than the contractor who most satisfied all the City requirements as specified in the solicitation and as evaluated by staff. 13) Brand Name Restrictions Brand Name or Equal. When it is impractical or uneconomical to provide a clear and accurate description of the technical requirements of the property to be acquired, a "brand name or equal" description may be used to define the performance or other salient characteristics of a specific type of property. The City must identify the salient characteristics of the named brand that N offerors must provide. When using a "brand name" specification, the City does not need to reverse -engineer a complicated part to identify precise measurements or specifications in order to describe its salient characteristics. FT A's "Best Practices Procurement Manual," (BPPM) contains additional information on preparation of specifications including examples with —specific language. 14) Geographic Preferences The solicitation contains no in -State or local N geographic preference except where Federal statutes mandate or encourage them. 15) Contract Term Limitation The contract period of performance for rolling stock and replacement parts does not exceed five (5) years inclusive of options without prior Y 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 technical resources. Y Vendor has performed other 1. Appropriate Financial, equipment, facility work and can meet requirements and personnel. (YIN) of this contract. 2. Ability to meet delivery schedule. (YIN) 3. Satisfactory period of performance. (YIN) 4. Satisfactory record of integrity, not on declined or suspended listings. (YIN) 5. Receipt of all necessary data from vendor. (YIN) 19) Sound and Complete Agreement This contract is a sound and complete agreement. In addition, it includes remedies Y contract for breach of contract and provisions covering termination for cause and convenience. 24) Clear, Accurate, and Complete Specification A complete, adequate, and realistic specification or purchased description was Y available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to 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 1. City is saving a of the following circumstances applies: tremendous amount of (1) The item was available only from a single cost by reusing the design source. (Verify prices are no higher than price that this artist prepared for for such item by likely customers.) (2) Public exigency for the requirement did another project. It could not permit a delay resulting from a not be done by other artist. competitive solicitation. Cost would be prohibitive (3) An emergency for the requirement did not if we had to select another permit a delay resulting from a competitive artist. 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 Y was established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or on the basis of prices set by law or regulation. 40) Evaluation of Options The option quantities or periods contained in the contractor's bid or offer were evaluated in order to determine contract award. (To be N/A 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 records include: (1) the rationale for the method of Y firm fixed price contract procurement, (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 N/A 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 N 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 N 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 Yproperty (materials, work in progress, and finished goods) for which progress payments are made. The contract may contain other security in lieu of obtaining title. 47) Time and Materials Contracts This is a time and materials contract; the grantee determined that no other type of N contract is suitable; and the contract specifies a ceiling rice. 48) Cost Plus Percentage of Cost This is not a cost plus a percentage of cost N type contract. 49) Liquidated Damages Provisions This contract contains liquidated damages provisions and the assessment for damages N is specified in the contract at a specific rate per day for each day of overrun in contract time. 50) Piggybacking 1) The file contains: Assignability provisions. N 2) The procurement file contains: Price reasonableness determination. 56) Clauses This contract contains the appropriate FTA Y required clauses. Excluded Parties Search Y EPS run and include in the file. FEDERALLY REQUIRED AND OTHER MODEL CLAUSES APPLICABILITY OF THIRD PARTY CONTRACT CLAUSES (excluding micro -purchases, except for construction contracts over $2,000) I TYPE OF PROCUREMENT Clause Professional ' Operations/ Rolling Stock Construction Materials & Services/A& E Management Purchase Supplies No Federal Government Obligation To Third Parties All All All All All (by Use of a Disclaimer False Statements or Claims All All All All All Civil and Criminal Fraud Access To Third Party All All All All All Contract Records Changes to Federal All All All All All Requirements Termination All All All All All Civil Rights (Title VI, EEO, ADA) c�e >$10,000 >$10,000 >$10,000 >$10,000 >$10,000 Disadvantaged Business All All All All All Enterprises (DBEs) Incorporation of (FTA) Terms All All All All All Suspension and Debarment >$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America >$100,000 >$100,000 >$100,000 Resolution of Disputes, >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Breaches, or Other Litigation Lobbying >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Air >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Water >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Caro Preference All All All Fly America Involves foreign Involves foreign air Involves foreign Involves foreign Involves foreign air transport or travel transport or travel air transport or air transport or transport or travel b air travel travel Davis -Bacon And Copeland Anti- >$2,000 (including Kickback Acts ferry vessels Contract Work Hours And Safety >$2,500 (except >$2,000 (including Standards Act transportation >$2,500 ferry vessels) services) Bonding $100,000 Seismic Safety A & E for New Buildings & New Buildings & Additions Transit Employee Protective Transit Operations Agreements Charter Bus All School Bus All Drug Use - Testing and Alcohol Transit Operations Misuse - Testing Patent Rights and Rights in Data Research & and Copyright Requirements Development Energy Conservation All All All All All Recycled Products Contracts for items Contracts for items Contracts for items designated by designated by designated by EPA, when EPA, when EPA, when procuring $10,000 procuring $10,000 procuring $10,000 or more per year or more er ear or more per ear Conformance With ITS National ITS Projects ITS Projects ITS Projects ITS Projects ITS Projects Architecture ADA Access A & E All All All All Bus Testing All Pre -Award And Post Delivery All Audits of City Collins 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 fcgov. com/engine Bring To: Jim O'Neil; Director of Purchasing and Risk Management From: Erika Keeton, Special Projects origin/ e�i� Date: October 19, 2012 L Re: MAX BRT — Requisition Request Surface Strategy — Artist Barb McKee Concrete Form Liners The City of Fort Collins Art in Public Places Program (APP) worked with the Red Fox Meadows Project Team and City Purchasing process to select an APP artist for the Red Fox Meadows Natural Area Project. Barb McKee of Surface Strategy was selected from an open call (RFQ) to work with the team to develop concrete form liners for the walls on site at this natural area. Working with the Mason Corridor Project Team, artist Barb McKee proposed reusing the form liners from the Red Fox Meadows Project and using portions of the liners on the concrete walls along the BRT corridor. This is a great resource to use these form liners to enhance the Mason Corridor retaining walls for a very small budget. The original form liners cost over $177,000 to design, carve, cast, transport, and because of this major cost savings, Surface Strategy should be utilized as the sole source for the concrete form liners for the MAX BRT project. I have included the cost estimate for the concrete form liners provided by Ellen Martin, City of Fort Collins Visual Arts Administrator. Hourly rates and direct costs were estimated using the Red Fox Meadows Natural Area Project, the original project the form liners were tasted for. The attached Independent Cost Estimate (ICE) breaks down these costs as described above. Pursuant to further discussions with the City's APP administrators, we have confidence in their estimate in conjunction with the support documentation and find it to be reasonable. I believe the amount of $7,697.27 is very reasonable for the work prescribed and as such, I recommend approval of this sole source justification. Flirt Collins Date of Estimate: 201Z Contract Type: Existing Contract or PO (Y/N): N Description of Goods (A) or Services (6) Independent Cost Estimate Mason Corridor (MAX) - Wall Form Liners Artist will work vrith project team to design a wall treatment for the retaining wall using existing artist -designed concrete form liners. Artist will inspect form liners, work with the project team and present wall design concepts, create form liner layout options, and oversee the use of the liners during construction. This comparison is to similar work on the APP Red Fox Meadows form liner project. (Sea project packet for Red Fox Meadows description and budget) (See scope of work for Masan Project) I have obtained the following estimate from: Published Price List / Past Pricing (dale) Engineering or Techincal Estimate (performed by) Independent Third Party Estimate (performed by) Other (specifiy) Red Fox Meadows Contract 2008 Cost Estimate Details: (Estimate calculated in US Dollars) Cost of Standard Items Product Cost ($/ea) Cost ($/ea Notes/Data Source Delivered No Frieght Total Cost of Services, Repairs, or Non -Standard Items Item/Task: Materials or Work Description Other Direct Costs Labor Rate ($) Labor Hours Labor Class Allocated Overhead . SG&A' Profit TOTAL Artist Fee for above Scope $50 Hr 140 $7,000 Travel $30 rounctrip 10 trips $300 Patchor repair of liners $1,000 $1.000 10% Miscellaneous $765 $765 Total $ 9,065.00 / 'Saline. Gonoml srcl Adrr ints"We Laponses Signature of Preparer: