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HomeMy WebLinkAbout275829 BONNIE ROERIG & ASSOCIATES - PURCHASE ORDER - 9117285 (2)City of art Collins Date: 11 /27/2012 PURCHASE ORDER Vendor: 275829 BONNIE ROERIG & ASSOCIATES 1873 S BELLAIRE ST #1222 DENVER Colorado 80222-4359 PO Number Page 9117285 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: 12/09/2011 Buyer: JAMES O'NEILL kiCii4 Line Description Quantity UOM Unit Price Extended Ordered Price 3 Addendum to PO 1 LOT EA 2,100.00 Work order APR-03-2012 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com Total $2,100.00 Invoice Address: City of Font. Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 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 terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Services 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 Goads 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 tamsit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported - oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or stale 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 mast 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 country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon bythe expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All panics to this contact agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns 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 premised 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 ofpenial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option 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 control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, stokes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make goad, 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 of any 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 affects the amount due or the time ofpedormance 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 porticos 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 must be asserted within thirty (30) days from the dace the change or termination is ordered. 8. COMPLIANCE WITH JAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior 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. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. 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 cast, 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 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 parts, 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 ofterms used or the interpretation afthe agreement and the rights of all parties 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 of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, stare 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. 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 net 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 after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn 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 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 roles and regulations issued pursuant thereto. Revised 03/2010 &I DATE: October 8, 2012 TO: Jim O'Neil FROM: Patrick Rowe RE: Mason Corridor (MAX) Bus Rapid Transit Project Cost Analysis — Dillon Shared Parking OPERATIONS SERVICES REAL ESTATE SERVICES P.O. Box 580 300 Laporte Avenue, Bldg. B Fort Collins, CO 80522-0580 970.416,2276 970.416.2209 —fax @fcgov.com The BRT Project requires further appraisal services for the Project. Given the critical tuning and the importance of consist valuations, it's my recommendation that the Project rely on Bonnie Roerig and Associates (BRA) to provide this service. To date, BRA has performed all of the necessary appraisals for BRT; BRA is up to speed with the Project and can begin work immediately, and BRA's rates are very competitive. Prior to requesting a proposal for BRA's appraisal services for the Dillon Shared Parking appraisal, I prepared an Internal Cost Estinate (ICE) for the work. The ICE resulted in an estimate of $2,000 for the Dillon Shared Parking appraisal (and an additional $1,800 for the MOS, LLC property appraisal to be analyzed under separate cover). The estimate is based on prior re -appraisals from previous phases, due to the fact that BRA has completed a Dillon appraisal that accommodates all acquisition needs other than shared parking). Following the completion of the ICE, I received a proposal from BRA in the amount of $2,100.00 (the details of this proposal is attached for reference). The BRA proposal is $100 more than the ICE. This cost difference is nominal and based on my familiarity with appraisal work, including recent and similar appraisals performed on earlier phases, I believe the BRA proposal to be in- linq a4juifi As such, I recommend approval of this fee estimate with a budget of $2,100. Pa ri Real Estate Services Independent Cost Estimate Prepared By: Patrick Rowe Date: 09-19-2012 Project: Mason Corridor - BRT Work Order Number: TBD RE: Add Appraisals — MOS, LLC and Dillon Companies, Inc (amendiadd shared parking) Scope of Services: Provide appraisal services in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP), the Uniform Act, and relevant Federal Transit Administration guidelines for project acquisitions over the following parcels: #62 -- MOS, LLC #32 -- Dillon Companies, Inc (Amend/Add Shared Parking) Based on prior work performed on earlier phases (especifically Phase V) and past experience, I estimate the new appraisals to cost $3,800.00, comprising of $2,000 for the Dillon shared parking appraisal and report update, and $1,800 for the MOS, LLC appraisal of a proposed TCE interest. Total for both reports $3,800. ck Rowe, Real Estate Specialist E \ ( uj wk / 0 k �� \ )0 \ � \ \� E \ 2 \ « 0 CIZ \ k ) 2 § § k/\ \ (7 ±a 2»U LLJ ) 2f\!\ ®=*2 \ ow a « A 3(T m § \ k/\ / k Q p7{ 0 §� { / \ . t 3>tt cl \�\, §� CD \ 7 \IL G£ \k ƒ / CR / \ ci CD / kN a5 \( k) \ � )K 2■ )\ <o ]3 0 �7 ]/ \) \° CL k \L �� \ \k CL a ) §\ ? Q Patrick Rowe From: Bonnie Roerig <bonnie@coloradoappraiser. net> Sent: Wednesday, September 26, 2012 5:11 PM To: Patrick Rowe Subject: RE: Fee estimate-Dillon/K-Mart You mean this? Appraisal Services, Dillon/ -Mart 912 12012 Update & Shared Parking Study MA -B T Ft_ Collins, CO Hours Hrly. Rate Subtotal Property inspection (incis. travel) 2_11 Research/insdection. new market data 2.0 Analysis 3_12 Report preparation 110 Total for Scope of Work -BIER 10.1 Proposed date of delivery; 10/19/2012. From: Patrick Rowe Finailto:PRowe(a)fcgov.coml Sent: Wednesday, September 26, 2012 4:52 PM To: 'Bonnie Roerig' Subject: RE: Fee estimate-Dillon/K-Mart THANKS! tM That's mostly in line with the estimate I had to put together, so I'm sure that will work fine. Can you provide me the hourly detailed summary that you normally do ... I'd like that for the work order. Also, when you send me that can you include in that proposal email the delivery date of 10/19 ... P. Patrick Rowe Real Estate Specialist 970.224.6127 (desk) From: Bonnie Roerig FinaiIto: bonnie(acoloradoappraiser.net] Sent: Wednesday, September 26, 2012 3:26 PM To: Patrick Rowe Subject: Fee estimate-Dillon/K-Mart 1 EXHIBIT "B" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND Bonnie Roerig & Associates DATED: March 1, 2004 Work Order Number: APR03-2012 Purchase order Number: Project Title: BRT - Dillon Shared Parking (and date of value update on Dillon) Commencement Date: September26,2012 Completion Date: October 19, 2012 Maximum Fee (time and reimbursable direct costs): $2,100.00 Project Description: Amend completed Dillon Companies appraisal to include appraisal of shared parking easement. Other/previously appraised property interests to share current date of value. Scope of Services: Provide appraisal services in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP), the Uniform Act, FTA rules and regulations, and appropriate state law. Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this work order (including the attached forms) the Services Agreement shall control. SERV CE P OVIDER Date: ACCEPTANCE tiby The attached forms consisting of 7Wa Q pages are hereby accepted and incorporated herein by this reference, and Notice to Proceed is hereby given - CIT) By: Date CC: Purchasing Director of Purchasing and Risk Management over $60,000. Patrick Rowe From: Bonnie Roerig <bonnie@coloradoappraiser.net> Sent: Wednesday, September 26, 2012 5:11 PM To: Patrick Rowe Subject: RE: Fee estimate-Dillon/K-Mart You mean this? Appraisal Services, Dillon/MvIart 0/26?2012 Update & Shared Parking Study IVIAX-BRT Ft. Collins. CO Hours Wily. Rate Subtotal Property inspection (incls. travel) 2.0 Research/inspection, new market data 2.0 Analysis 3.0 Report preparation 0.0 Total for Scope of }York-BDR 10.0 S210.00 S271©0.00 Proposed date of delivery: 10/19/2012. Thanks, s^i From: Patrick Rowe jmaiIto: PRowe(a)fcgov.coml Sent: Wednesday, September 26, 2012 4:52 PM To: 'Bonnie Roerig' Subject: RE: Fee estimate-Dillon/K-Mart THANKS! That's mostly in line with the estimate I had to put together, so I'm sure that will work fine. Can you provide me the hourly detailed summary that you normally do ... I'd like that for the work order. Also, when you send me that can you include in that proposal email the delivery date of 10/19 ... P. Patrick Rowe Real Estate Specialist 970.224.6127 (desk) From: Bonnie Roerig rmaIIto: bonnie(c�coloradoappraiser.net] Sent: Wednesday, September 26, 2012 3:26 PM To: Patrick Rowe Subject: Fee estimate-Dillon/K-Mart 1 Patrick Rowe From: Patrick Rowe Sent: Friday, September 21, 2012 11:32 AM To: Bonnie Roerig Cc: Mike Morgan Subject: New Work: Dillon Shared Parking + MOS Appraisal Attachments: 62 MOS LLC 61011.pdf; DILLON SHARED PARKING 120811.pdf; Shared parking easement (dillon), 2012-08-31.doc Follow Up Flag: Follow up Flag Status: Flagged Hey Bonnie — Can you get me a proposal for some additional Phase V Work? Dillon Shared Parking — I'd like a proposal to amend the Dillon Draft report to include the shared parking component (previously left out) and provide a current date of value for all. Additionally, though MOS was previously determined to be a Value Finding acquisition we would like to commission you to do an appraisal on our acquisition here. Legals are attached for both acquisitions and I'm including the proposed Dillon Shared Parking Easement Agreement. The MOS TCE will be standard except that we will tighten down the term to be 9 weeks over a 15 week time period (to start via notice) --- a change made at the request of the owner; they want more, but per the contractor this is what we can offer... Let me know if you need more info to put this together. Thanks. P. Patrick Rowe Real Estate Specialist III Real Estate Services Department City of Fort Collins 300 Laporte Ave., Bldg B Fort Collins, CO 80521 970.224.6127 (desk) 970.416.2209 (fax) City of Collins No Text