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Home My WebLink About112468 FELSBURG HOLT & ULLEVIG INC - PURCHASE ORDER - 6607780 (2)Fort Collins Date: 11/21/2012 PURCHASE ORDER PO Number Page 6607780 1of2 This number must appear on all invoices, packing slips and labels. Vendor: 112468 Ship To: ENGINEERING DIVISION FELSBURG HOLT & ULLEVIG INC CITY OF FORT COLLINS 6300 S SYRACUSE WAY #600 281 N COLLEGE AVE CENTENNIAL Colorado 80111 FORT COLLINS Colorado 80521 Delivery Date: 12/08/2006 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 6 Change Order 5 1 LOT EA 48,100.00 NRCC Total $48,100.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 MA FELSBURG r4HOLT & ULLEVIG engineering paths to transportation solutions �z(Revised July 26, 2012) Mr. Rick Richter Engineering Department City of Fort Collins 281 North College Avenue Fort Collins, CO 80522 RE: Engineering Design Services Mason Grade Separation at NRRC Ramp Alternative Conceptual and Final Design FHU Project No. 06-295 Dear Rick, At your request, we are submitting this proposal to provide additional Engineering Design Services for the Mason Grade Separation at NRRC. It is our understanding that the City would like to investigate ramp access alternatives at each end of the recently designed pedestrian bridge. The ramps would be an alternative access to elevators, which have been included in the current design. Either ramps or elevators will be required to provide access to meet American with Disabilities Act (ADA) requirements for this facility. It is desired by the City to include a ramp alternative in the construction plans as either the primary or bid -alternate access solution when the bridge is re -packaged for bidding. Bids on a bridge design with elevators only were previously rejected. Scone of Work Phase 1 — Ramp Concept Feasibility The first phase of the proposed work will include the development of ramp alternatives at each end of the pedestrian bridge, based on a recently developed concept by the City. The conceptual layout did not include stairs, but they will be considered in the ramp layouts to help provide direct links to the bridge. The ramp options will be located within the existing right-of-way and easements already established for the pedestrian bridge, and MAX BRT project, which is currently under construction. To meet ADA requirements, the total ramp length at each end of the bridge is anticipated to be upwards of 450 feet long. The ground level plaza areas at each end of the bridge will be modified as needed to accommodate ramp layouts, instead of elevator layouts. The west ramp will remain on the west side of Bay Farm Road, since it has been assumed that Bay Farm Road will remain open after the bridge is constructed. The east plaza will likely need to be widened to fit the ramp footprint, which will also result in some modifications to the Whole Foods parking lot adjacent to the plaza. The new ramp layout 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 tel 303.721.1440 fax 303.721.0832 www.fhueng.com info@fhueng.com Mr. Rick Richter 7/26/12 will need to try to avoid any changes to the BRT Station layout in the vicinity of the pedestrian bridge. In addition to design and construction feasibility, the bidding method for the project will be investigated. The option of re -bidding the project "as is" with the elevators remains available. However, ramp -only and elevator plus ramp (as an alternative bid) bid package alternatives will be considered. We propose the following work for the Conceptual Phase: 1. FHU will develop a ramp alternative for each end of the bridge, fit within the constraints of the project location. The ramp layouts will be aligned to minimize impacts to existing utilities, sidewalks, pedestrian accesses, parking, and planned MAX BRT construction. Stairs may be included. 2. A plan view, elevation view, and typical section for each ramp alternative will be developed, meeting ADA requirements and in conformance, as is feasible, with the City of Fort Collins Design Guidelines for Grade -Separated Pedestrian, Cyclist and Equestrian Structures 3. Engineering Exhibits in .pdf format, 11 x17 color plots, and larger plots (up to 36"x42") as needed 4. Review potential pre -fabricated ramp bidding and design delivery options with suppliers 5. Provide recommendations for overall project bidding options, including design/bid/build with alternative bids, CM/GC, etc., as appropriate for the project 6. Develop conceptual level construction cost estimates for each ramp alternative Phase 2 - Ramp Final Design If feasible ramp alternatives are developed, the existing pedestrian bridge plans will be updated to include the ramps as either the primary or ad -alternate access options in the plans. It is anticipated that an F.O.R. meeting may need to be scheduled with CDOT, and appropriate City representatives, to review the pedestrian bridge design with the ramp alternative. Integrating the ramp into the pedestrian bridge design will require modifications to the structural, architectural, drainage, electrical, and site plans. We have assumed that the City would use its Landscape Architecture on -call to develop final landscaping plans for the West Plaza, with a similar theme as the existing layout. The anticipated tasks required would be completed by FHU and its subconsultants, The Abo Group (Architecture) and SSG/MEP (Lighting and Electrical). In general, the scope of work for developing a bid package including a final ramp design will be as follows: Refine the conceptual ramp layout as needed to complete final design. The ramp alternative will be developed in anticipation of either a replacement for Mr. Rick Richter 7/26/12 the elevator alternative, or as a bid -alternative (bid as designed) in the bid documents. 2. Develop a bridge alternative without the current aluminum architectural cladding, and with an alternate screening system on the bridge (e.g. chain link fencing or wire mesh) 3. Incorporate the final structural ramp design, and update all plans as needed 4. Provide architectural renderings (2 total) of the ramp alternative 5. Review all environmental clearances, and update information as appropriate for the revised design 6. Modify drainage, water quality, and erosion control features as necessary for the updated design, and to meet the latest CDOT and City requirements 7. Adjust the west and east plaza site plans to accommodate the ramp layouts 8. Update the specifications, as needed. It has been assumed that the current CDOT 2011 Standard Specifications, and all associated Standard Special provisions will be used for the final design. 9. Develop final quantities and an updated cost estimate with the ramp alternative 10. Update and forward electronic F.O.R. review set to City for distribution 11. Hold F.O.R. meeting at City offices 12. Provide formal responses to F.O.R. comments 13. Update plans and specifications for advertisement, to be issued with a complete bridge design with two cladding packages (cladded and non- cladded); the complete existing elevator design; and a complete final ramp design included as an Alternative Bid to the elevator. Phase 2A — 30% Alternative Bid Ramp Design If feasible ramp alternatives are developed, the existing pedestrian bridge plans will be updated to include the ramps as either the primary or alternative bid access options, but including a 30% design of the ramps instead of a completed final design. Final design of the ramps would be the responsibility of the Contractor, conducted in accordance with the 30% plans and the design guidelines set in the specifications. It is anticipated that an F.O.R. meeting may need to be scheduled with CDOT, and appropriate City representatives, to review the pedestrian bridge design with the ramp ad -alternative. Structural, drainage, electrical, lighting, and site plans will be developed for bidding purposes, and the existing bridge drawings modified to incorporate the information. We have assumed that the City would use its Landscape Architecture on -call to develop final landscaping plans for the West Plaza. The anticipated tasks required would be completed by FHU and its subconsultants, The Abo Group (Architecture) and SSG/MEP (Lighting and Electrical). The architectural effort will be the same as would be conducted for the Phase 2 (final design) alternative. The electrical and lighting effort will be reduced slightly for a 30% alternative. FHU's effort for structural, civil, and drainage designs will be reduced for a 30% design. The environmental clearances effort will remain the same as for a the Phase 2 alternative. The scope for developing a bid package with the Ad -Alternative ramp options will be as follows: Mr. Rick Richter 7/26/12 1. Refine the conceptual ramp layout as needed to a 30% design level. The ramp alternative will be developed in anticipation of either a replacement for the elevator alternative, or as an Ad -Alternative (final design/construction by the Contractor) in the bid documents. 2. Develop a bridge alternative without the current aluminum architectural cladding, and with an alternate screening system on the bridge (e.g. chain link fencing or wire mesh) 3. Incorporate the 30% structural ramp design, and update all plans as needed 4. Provide architectural renderings (2 total) of the ramp alternative 5. Review all environmental clearances, and update information as appropriate for the revised design. 6. Update drainage basins and existing drainage memo as required. Final drainage design will be by the Contractor. 7. Adjust the west and east plaza site plans to accommodate the ramp layouts, to a 30% design level 8. Update the specifications, as needed. It has been assumed that the current CDOT 2011 Standard Specifications, and all associated Standard Special provisions will be used for the final design. 9. Update and forward electronic F.O.R. review set to City for distribution 10. Hold F.O.R. meeting at City offices 11. Provide formal responses to F.O.R. comments 12. Update plans and specifications for advertisement, to be issued with a complete bridge design with two cladding packages (cladded and non- cladded); the complete existing elevator design; and the Ad-Altemate ramp design consisting of a 30% design. All work shall be conducted in conformance with CDOT and City of Fort Collins standards, as appropriate. The design and plan preparation will be completed in anticipation of CDOT Local Agency review by the appropriate disciplines, since the project has federal funding. Construction assistance for this project is currently accounted for in a separate task, and has not been included in this proposal. Fee Summa We propose conducting all work on a time and materials basis, in accordance with our current standard hourly rate schedule, plus reimbursable direct expenses such as mileage, printing, etc. The maximum not -to -exceed amount for the Phase 1 - Ramp Concept work, conducted by FHU, will be $8,400. The maximum not -to -exceed amount for the Phase 2 - Ramp Design work, including subconsultants, would be $39,700, if necessary. Mr. Rick Richter 7/26/12 The maximum not -to -exceed amount for the Phase 2A — 30% Alternative Bid Ramp Design work, including subconsultants, would be $29,800. Attached to this proposal are FHU's 2012 Standard Rate Schedule, and fee proposals received from The Abo Group and SSG/MEP. No additional work beyond that described in the above Scopes of Work, or additional costs expended beyond our established maximum contracted amount will be executed, unless agreed to and authorized in writing by the City of Fort Collins. Schedule FHU will be available to begin Phase 1 of the project upon given notice to proceed, and we anticipate completion of the work within 10 working days. If a ramp alternative is found to be feasible, a review package for the Phase 2 or Phase 2A work should be able to be completed within 4 weeks of notice to proceed for that phase. We would anticipate an FOR meeting within one to two weeks of the submittal with the City and CDOT (if necessary), followed by two more weeks to re -package the bid documents as needed. If you have any questions regarding this -proposal, please call. Thank you for the opportunity to offer our services. Sincerely, FELSBURG HOLT & ULLEVIG FE a Aw Bill Marcato, P.E. Senior Bridge Engineer Attachments: 1) FHU 2012 Billing Rates 2) The Abo Group Fee Proposal 3) SSG/MEP Fee Proposals 2012 Rate Sheet The following hourly billing rates apply to all "Time and Materials" contracts. Staff Rates Principal III ......................................... $210.00 Principal 11.......................................... $180.00 Principal I...........................................$160.00 Associate............................................$160.00 Sr. Engineer........................................$145.00 Engineer V..........................................$130.00 Engineer IV........................................$120.00 Engineer III.........................................$105.00 Engineer If ............................................$90.00 Engineerr................................................ $80.00 Sr. Environmental Scientist. ............... $145.00 Environmental Scientist V..................$130.00 Environmental Scientist IV ................$120.00 Environmental Scientist III ................$105.00 Environmental Scientist 11....................$90.00 Environmental Scientist I .....................$80.00 Sr. Transportation Planner ..................$145.00 Transportation Planner V....................$130.00 Transportation Planner IV..................$120.00 Transportation Planner III ..................$105.00 Transportation Planner 11......................$90.00 Transportation Planner I.......................$80.00 Sr. Bridge Designer............................$120.00 Sr. Designer ........................................ $1 10.00 Designer V..........................................$100.00 Designer IV..........................................$95.00 Designer III...........................................$85.00 Designer 11............................................$75.00 Designer I.............................................$60.00 Sr. Construction Inspector ..................$100.00 Construction Inspector V......................$95.00 Construction Inspector IV ....................$85.00 Construction Inspector III ....................$80.00 Construction Inspector 11......................$70.00 Construction Inspector I.......................$60.00 Sr. Environmental Tech ...................... $110.00 Environmental Tech V ........................$100.00 Environmental Tech IV ........................$95.00 Environmental Tech III .........................$85.00 Environmental Tech II..........................$75.00 Environmental Tech I...........................$60.00 Administrative ...................................... $70.00 Other Direct Costs Plots Bond .............................................. $0.24/sq ft Glossy ............................................ $0.71/sq ft Mylar............................................. $0.55/sq ft Vellum ........................................... $0.39/sq ft Prints Black and White ............................ $0.08/print Color.............................................. $0.19/print Presentation Boards Bond Foam Core Mounted............ $1.22/sq ft Glossy Foam Core Mounted.......... $1.69/sq ft Computer Projector .............. $100.00/meeting Travel Mileage........................................$0.555/Mile (or current allowable Federal rate) Truck (Construction) ..................... $40.00/day Other Miscellaneous Costs Courier...........................Actual Vendor Costs Postage...........................Actual Vendor Costs Deliveries .......................Actual Vendor Costs Per Dicm ........................Actual Vendor Costs Subconsultants.... Actual Subconsultant Costs Field Equipment Trimble GPS.................................. $45.00/day Blue Tooth Camera for GPS.......... $35.00/day Other direct costs are reimbursed at a rate of I.1 times the rates above and / or actual costs. NFELSBURG r4HOLT & ULLEVIG engineering paths to transportation soh,tions Phase 1 - Ramp Concept Feasibility Cost Summary Mason Grade separation at NRRC City of Fort Collins Task Description Principal II $180.00/hr. Senior Engineer $145.00/hr. Engineer I $80.001hr. Sr. Bridge Designer $120.001hr. Task Total Conceptual Ramp Layouts ADA Standards Review 4 Develop Two Ramp Layouts 12 4 4 CADD Linework for Rams 4 8 Investigate Prefabricated Ramp Options with Supplier 2 8 Research Project Bidding Alternatives 2 2 8 Develop Cost Estimates for Ramp Layouts 4 4 Subtotal hours 2 28 8 1 28 66 Subtotal cost $320 $4,060 $640 1 $3,360 $8,380 Other Direct Costs ODCs) Mileage $0 Plotting and Reproductions $20 Shipping $0 ODC Subtotal $20 Total Hours 66 Subtotal FHU Ramp Feasibility Phase Cost $8,400 Total Phase 1 Concept Feasibility Budget 1 $8,400 Page 1 of 1 Phase 2 - Ramp Final Design Cost Summary Mason Grade separation at NRRC City of Fort Collins Final Ramp Desian at West End of Bridae Task Description Principal ll $180.00/hr. Associate $160.00/hr. Senior Engineer $145.00/hr. Engineers $80.00/1r. Environmental Scientist IV $120.00/hr. Environmental Scientist If $90.00/hr. Sr. Bridge Designer $120.0011r. Senior Designer $110.00/hr. Designer IV $95.00/hr. Task Total Final Structural Design for Ramp Alternative Ramp Superstructure and Substructure Design 2 8 8 Update Plans with Ramp 4 8 24 Specifications a Quantities / Cost Estimate 4 4 Coordination and FOR meeting 6 Subtotal hours 2 0 30 10 0 0 24 0 0 76 Subtotal cost $360 $0 $4,350 $1,600 $0 $0 $2,880 $0 $0 $9,190 Drainage and Erosion Control for Ramp Alternative Redraw drainage basin maps 4 Update Drainage Memo for new conditions 4 Drainage, Water Quality. and Erosion Control Design 4 Update Drainage and Erosion Control Plans 4 12 Quantities 4 Subtotal hours 0 16 0 0 0 0 0 0 16 32 Subtotal cost $0 $2,560 $0 $0 $0 $0 $0 $0 $1,520 $4,080 Plaza Level Site Updates with Ramp Alternative Adjust Grading to New Ramp Layout 8 Update Drawings 4 12 Quantities 4 4 Subtotal hours 0 0 0 4 0 0 0 16 12 32 Subtotal cost $0 $0 $0 $320 $0 $0 $0 $1,760 $1,140 $3,220 Environmental Review and update permit data as needed 8 16 Prepare permit submittals and coordinate with CDOT 8 16 Subtotal hours 0 0 0 0 16 32 0 0 0 48 Subtotal cost $0 $0 $0 $0 $1,920 $2,880 $0 $0 $0 $4,800 Other Direct Costs ODCs Mileage S60 Plotting and Reproductions S60 Shipping $50 ODC Subtotal $170 Total Hours 188 Subtotal FHU Ramp Final Design Phase Cost $21,460 Subconsultants The Abe Group (Update all Architectural plans to induce ramp) S12 040 The SSG/MEP (Update Lighting Layout for Ramps) $6,200 Subconsultant Budget Final Ramp Design Phase $18,240 Total FHU Final Ramp Design Cost $39,700 Title: C Date: CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE) Checklist Item Contract File Comments Location 7) Independent Cost Estimate 5 The City made and documented an independent cost estimate before receipt of proposals. 10) Unnecessary Experience and Excessive Bonding J✓!%' Unnecessary experience and excessive 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 r/ d solicitation contains provisions to eliminate or mitigate the conflict (e.g. by inserting a clause 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 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 Fl , 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 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 YJ O The solicitation contains no in -State or local 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 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. �j ) Y 1. Appropriate Financial, equipment, facility and personnel. (Y/N) Ll/ 2. Ability to meet delivery schedule. (Y/N) 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 C r g-" f f � agreement. In addition, it includes remedies 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 available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to properly respond. 38) Sole Source if other Award is Infeasible The contract file contains documentation that award of a contract was infeasible under small purchase procedures, sealed bids, or competitive proposals and at least one of the following circumstances applies: (1) The item was available only from a single source. (Verify prices are no higher than price for such item by likely customers.) (2) Public exigency for the requirement did not permit a delay resulting from a competitive solicitation. (3) An emergency for the requirement did not permit a delay resulting from a competitive solicitation. (4) The FT A authorized noncompetitive negotiations. (5) Competition was determined inadequate after solicitation of a number of sources. Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from suite and local taxes. Our Exemption Number is I L 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, Bern er, 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 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 reamed 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 and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns 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 antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 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. Ifpermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, bill must accomoanv invoice. Additional charges for tacking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. 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 state, municipality, territory or political subdivision where the work is performed, or required by any other duly canstituted 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, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the 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 me, objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou 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 acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, Ores, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wanums 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 sutler 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 be 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 furnished 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 ofprofils or loss ofuse. 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 affects the amount due or the time of perfomaance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement ss to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics res 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 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 subjML The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from ail costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior 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 famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser 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. 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 be performed by the Purchaser. 14. PATF,N1'S. 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 pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at 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. 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 of the agreement and the rights of all patties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish 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 slier the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. q'he Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofany kind or nature whatsoever to persons or property causedby or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hornless 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 contmetors, 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 my 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 u 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 panics in or as a result ofsuch 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, famish and insult 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 03/2010 39) Cost Analysis Required Cost analysis and profit negations were performed (initial award and modifications) And documented for price reasonableness 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 eligible for Federal funding, options must be lu 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 c V of this procurement. At a minimum, these records include: l L p (1) the rationale for the method of procurement, v (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 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 f Y The grantee amended this contract outside 4,5` B the scope of the original contract. The V( amendment was treated as a sole source Q<G/ i P Al- Af ll f £�+t ti -. 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 v' payment utilizing FTA funds and the contract 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 r n f percent of completion) and the contract "l contains a provision giving the grantee title to 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. L 47) Time and Materials Contracts I, This is a time and materials contract; the %v v grantee determined that no other type of contract is suitable; and the contract specifies a ceiling rice. 48) Cost Plus Percentage of Cost d�J This is not a cost plus a percentage of cost type contract. 49) Liquidated Damages Provisions This contract contains liquidated damages ^/(� provisions and the assessment for damages is specified in the contract at a specific rate per day for each day of overrun in contract time. 50) Piggybacking %vD 1) The file contains: Assignability provisions. 2) The procurement file contains: Price reasonableness determination. 56) Clauses y f 5 This contract contains the appropriate FTA required clauses. Excluded Parties Search �'i EPS run and include in the file. A�— COtYOf Planning, Devefopment& Transportation Eng. neering 281 NorthCotiegeAvenue ns P.O. eox 80 ngine Fencm9na, co e0527 o6e0 s, 970.221.6605 970.221.8378 - W Change Order Form PROJECT TITLE: Mason Transportation Corridor Grade Separated Crossing (NRRC) PROJECT NUMBER: 400003204,3 CONTRACTOR: Felsburg Holt & Ullevig (PO #6607780) CHANGE ORDER NUMBER: 5 1. Reason for change. 2. Description of change. 3. Change In contract cost. 4. Change in contract time. 1&2. See attached sheet for detail. 3. The contract cost will increase by $ 48,100.00 4. There will be no change in contract time. ORIGINAL CONTRACT COST $247.406.75 TOTAL APPROVED CHANGE ORDERS $171,843.78 TOTAL PENDING CHANGE ORDERS $0.00 TOTAL THIS CHANGE ORDER $48,100.00 TOTAL % OF THIS CHANGE ORDER 19,44% TOTAL C.O. % OF ORIGINAL CONTRACT 88.90% ADJUSTED CONTRACT COST $467,349.53 (Assuming all change orders approved) ACCEPTED BY: `I `D"� DATE: )ZZZ (Contrail sentative) REVIEWED BY: DATE:za. lZ (Engipggj) SUBMITTED BY: APPROVED BY: DATE: APPROVED BY: DATE: (Purchasing Agent over $60,000) co: Contractor Purchasing Project File Excluded Parties List System Page 1 of 1 Search - Current Exclusions >Advanced Search > Multiple Names > Exact Name and SSN/ I IN > 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 Search Results for Parties Excluded by Firm, Entity, or Vessel : Felsburg Holt & Ullevig State: COLORADO Country: UNITED STATES As of 21-Nov-2012 10:44 AM EST Save to MyEPLS Your search returned no results. Back New Search Printer -Friendly Pa. es; Ij'st Resources >Search Help >Advanced Search Tips > Public Users 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,jsessionid=93DD91 AC460331741 E71) 11154E8CBD... 11/21/2012 John, Please find the attached proposal from FHU. Within this proposal we are only executing the change order for Phases 1 and 2 and not phase 2A. In the fee summary, phase 1 and 2 are both described as maximum not to exceed. As a part of my ICE I created an independent rate schedule by evaluating other recent rate schedules for similar type projects and/or consulting work. I created a list of personnel including their expertise or role in the project that was similar to what was proposed from FHU. Then looking at other similar rate fee schedules from recent projects I created my own fee rate schedule based on my professional opinion. Furthermore, I read the scope of work being proposed in the FHU proposal and assigned approximate hours that in my opinion would be needed to complete each phase and used the rate schedule I had created prior to evaluate overall fee. Finally, I did a quick cost per sheet check utilizing an approximate number of sheets that will be revised from the original plan set and multiplied by an approximate cost per sheet to revise each sheet. Let me know if you have any additional questions, Andrew S. Gingerich, P.E. Phone: 970.221.6603 agingerich(c�fcgov. com Cn Yaf ,.Fort Collins Independent Cost Estimate Date of Estimate: 15-Jul-12 Contract Type: Consulting and Design Services Existing Contract or PO (Y/N): Y Mason Grade Separation at NRRC Description of Goods (A) or Services (8): Change Order to add Engineering design, consultation and design plan preparation for pedestrian bridge ramp alternative for Mason Grade Separation at NRRC, to remain as a not to exceed contract 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 (specify) See attached Unit Rate Estimate and Fee Estimate. Data used is from recent contracts with similar necessary scope and experience. Cost Estimate Details: (Estimate calculated in US Dollars) r:ncI of Cf.' nda ed It. me Product Cost(5/ea) Cost($/ea) Notes/Data Source Delivered No Fdeght Total Cost of Services, Repairs, or Non -Standard Items ItemlTask: Materials or Work Description Other Direct Costs Labor Rate (5) Labor Hours Labor Class Allocated Overhead SGBA' Profit TOTAL Phase 1 - Ramp Concept Feasibility0 Phase 2 - Ramp Final Design .5 5 8,809 $38.809.0 5 Total $47.354.50 Signature of Prepay v 'Selrug, GererW 3M: m:nislra*,e ExPonser 15-Jul-12 Prepared By: Andrew S. Gingerich, P.E. Mason Grade Separation at NRRC Ramp Alternative Conceptual and Final Design Interwest AECOM Ditesco On -Call Engineer (2012) On -Call Engineer and Survey (2012) Library Plaza (2012) principal $ 125 Principal $ 250 Principal $ 130 Senior Project Manager $ 110 Senior Project Manager $ 175 Project Manager $ 120 Project Engineer $ 90 Engineer III $ 120 Engineer $ 85 Design Engineer $ 85 Engineer II lEngineer 1 $ $ 85 75 Senior Project Engineer S 95 Senior Environmental S 150 Project Environmental S 93 BHA Design Inc. Independent Estimate On -Call Landscape & Streetscape (2012) FHU NRRC Bridge Ramp Design Principal Engineer $ 145 Principal II $ 170 Civil Engineer $ 120 Senior Engineer $ 135 Senior Project Manager $ 110 Engineer 1 $ 85 Bridge Engineer 11 $ 95 Sr. Bridge Designer $ 120 Senior Environmental Engineer/Scientist $ 170 Associate $ 150 Project Environmental Engineer/Scientist $ 93 Environmental Scientist IV $ 130 Environmental Scientist II $ 95 Senior Designer $ 100 Designer IV $ 90 Services Fee Estimate Prepared by: Andrew S. Gingerich, P.E Date: July 15, 2012 Phase 1 Ramp Concept Feasibility: Consultant Hours Rate Principal 3 $ 170 $ 510.00 Project Engineer 24 S 135 $ 3,240.00 Engineer 1 32 $ 85 $ 2,720.00 Bridge Design 16 $ 120 $ 1,920.00 Subtotal 75 $ 8,390.00 Soft Cost $ 419.50 Total $ 8,809.50 Phase 2 Ramp Final Design: Consultant Hours Rate Principal 10 $ 170 $ 1,700.00 Project Engineer 50 $ 135 $ 6,750.00 Engineer 1 120 $ 85 $10,200.00 Environmental Scientist 40 $ 95 $ 3,800.00 Bridge Design 60 $ 120 $ 7,200.00 Subtotal 280 $29,650.00 Subconsultants (25%) $ 7,412.50 Soft Cost (5%) $ 1.482.50 Total $38,545.00 Phase 1 Total $ 8,809.50 Phase 2 Total $ 38,545.00 Change Order Total $ 47,354.50 $ / Plan Sheet Quick Check: Total Number of Sheets 99 Approx. # of Revised Sheets 60 Approx. Cost per Revised Sheet $900 S54.000 From: Andrew S. Gingerich Sent: Wednesday, November 21, 2012 2:04 PM To: John Stephen Cc: Dean Klingner Subject: RE: NRRC Grade Separated Cost Analysis John, After receiving the proposal including the fees from FHU, Rick Richter, Dean Klingner and I discussed the proposed fees and if they seemed reasonable in our experience based on the scope of work. Considering many factors including; schedule, consultants expertise, sheet revisions and costs relative to previous design we felt that in our professional opinion the proposed fees for Phase 1 and Phase 2 were reasonable and consistent with the scope of work. Additionally, FHU had prepared a similar scope for revising the overpass to a bridge and supplied a proposal on December 21, 2010. The fees proposed for that scope of work was similar to the fee proposed in this change order. Please let me know if you have any additional questions, Andrew S. Gingerich, P.E. Phone: 970.221.6603 agingerich(c)fcgoy.com