HomeMy WebLinkAbout275829 BONNIE ROERIG & ASSOCIATES - PURCHASE ORDER - 9126110City of
�,.F6rt Collins
Date: 11/28/2012
PURCHASE ORDER
PO Number Page
9126110 1of2
This number must appear
on all invoices, packing
slips and labels.
Vendor: 275829 Ship To: ENGINEERING DEPT-MASON
BONNIE ROERIG & ASSOCIATES CITY OF FORT COLLINS
1873 S BELLAIRE ST #1222 ENGINEERING DEPT-MASON
DENVER Colorado 80222-4359 281 N. COLLEGE AVE
FORT COLLINS Colorado 80524
Delivery Date: 11/28/2012 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
BRT Appraisal #62 1 LOT LS 3,150.00
(MOS,LLC) per Work Order APR-05-2012 dated 10-12-12.
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 Emaii:purchasing@fcgov.com
Total $3,150.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from smee and local maces. Our Exemption Number is I I. NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the 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 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 m to any such goods, regardless
instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
am[ 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 antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F'.O.B., City of Fort Collins, 700 Wood St., Fart Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
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.
Pennies. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and toles 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 Fun 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 parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set 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 ifyvu cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance most he 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 of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without is fault of negligence,
such acts of -God, acts ofcivil or military authorities, govemmemal priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will he 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 lass, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach ofwaranty. 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 crony applicable warranty provided by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
ar 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 ofprofits or loss arose. 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 alTects the amount due or the time of perfommnce 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 goads and/or work, for incidental or consequential damages, and Nat 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 crony of their obligations m to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements 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 wmans full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purchaser thieve, 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.
q'he Seller shall release the Purchaser and its contractors crony 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 party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
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 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 of terms used or the interpretation critic agreement and the rights craft parties hereunder shall be
construed under and governed by the laws ofthe 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 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 m 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 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 crony kind
or nature whatsoever to persons or property caused by or resulting fmm 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 pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all casts, 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, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 032010
EXHIBIT "B"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
Bonnie Roerig & Associates, LLC
DATED: October 23, 2012
Work Order Number: APR-05-2012
Purchase order number:
Project Title: BRT- Appraisal: r62MOS,LLC
Commencement Date: October03,2012
Completion Date: 11130i12 draft report; final report within 3 days of receiving review (Reviewer & City)
Maximum Fee (time and reimbursable direct costs): $3,150.00
Project Description: Appraisal of the necessary temporary construction easement property interests for BRT 962
(MOS, LLC).
Scope of Services: Pr0\7de appraisalservices in accordance with the Uniform Standards of Professional Appraisal
Practice (USPAP), the Uniform Act, and relevant Federal Transit Administration guidelines.
Service Provider agrees to perform
_he services identified above and on
the attached forms in accordance
with the terms and conditions
conzaired 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.
SERVICE PROVIDER
By:
Date: I.(
CC: Purchasing
ACCEPTANCE
The attached forms consisting
Of ram'' (4) pages are hereby
accepted and incorporated
herein by this reference, and
Notice to Proceed is hereby
given -
CITY OF OR C LLII S
By:
Date: II
Director of Purchasing and Risk Management over
$60,000.
Patrick Rowe
From:
Bonnie Roerig <bonnie@coloradoappraiser.net>
Sent:
Wednesday, October 03, 2012 4:20 PM
To:
Patrick Rowe
Subject:
RE: Fee estimate-Dillon/K-Mart
Follow Up Flag:
Follow up
Flag Status:
Flagged
I'm assuming their issues have to do with the effects on parking. Does the City have a plan for that?
I estimate time for this as follows:
Appraisal Services, Property Owned
10/3/2012
by PdOS
for Temporary Easement Acquisition
Ft. Collins. CO
Hours Hrly. Rate Subtotal
Property inspection (incls. travel)
2.0
Research/inspection, market data
4.0
Analysis
3.0
Report preparation
6.0
Total for Scope of Work-BDR
15.0 5210.00 53,150.00
I could sure use both MOS and Dillon/K-Mart being staked before I come up to do the inspections. Any
chance of that?
Thanks,
Vs^ i
From: Patrick Rowe [mailto:PRowe0)fcaov.com]
Sent: Wednesday, October 03, 2012 9:43 AM
To: 'Bonnie Roerig'
Subject: RE: Fee estimate-Dillon/K-Mart
Hey Bonnie --- I know I haven't gotten you the work order, but I want to definitely let you know that you have a green
light on Dillon.
Separately, have you been able to give any thought to the MOS appraisal and your fee estimate? I think our last
exchange was in regards to what are you missing, and again I hope nothing, but things have been challenging enough
that we may have to file and if we do that we want an appraisal to rely on.
a
DATE: November 14, 2012
TO: Jim O'Neil
FROM: Patrick Rowe
RE: Mason Corridor (MAX) Bus Rapid Transit Project
Cost Analysis — #62 MOS Appraisal
OPERATIONS SERVICES
REAL ESTATE SERVICES
P.O. Box 580
300 Laporte Avenue, Bldg. B
Fort Collins, CO 80522-0580
970.416.2276
970A16.2209 — 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 an appraisal of the necessary
temporary property interests on the MOS, LLC property, I prepared an Internal Cost Estimate
(ICE) for the work. The ICE resulted in an estimate of $1,800. The estimate is based on
appraisal costs for BRT Phase V; specifically, I referenced the least costly reports in this phase
as an MOS report seemed to lack complexity as a temporary acquisition.
Following the completion of the ICE, I received a proposal from BRA in the amount of
$3,150.00 (the details of this proposal is attached for reference). The BRA proposal is $1,350
more than the ICE.
In analyzing and comparing the proposal to the invoiced work on BRT Phase V, and after
speaking some to the appraiser, I have concluded that there are two primary factors that justify a
higher cost for this proposal. The first is the additional complexity of the parking component
and the need for the appraisal to analyze and address this. Secondly, the Phase V appraisals that
I referenced were part of a pack of appraisal work, so the cost and effort to mobilize, etc., was
spread out over a number of reports. Based on this reasoning, and my familiarity with appraisal
work, I conclude the BRA proposal to be in -line and justified. As such, I reconnnend approval
of this fee estimatewitha budget of $3,150.
Pa rick Ronde
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 (amend/add 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 $3,800.
Rowe, Real Estate Specialist
c,"of
'Fort Collins Independent Cost Estimate
Date of Estimate: 19-Sep-12
Contract Type:
Epsting Contract or PO (YIN): NO.
Description of Goods (A) or Services (B): Professional Services - Appraising
I have obtained the following estimate from;
Published Price List / Past Pricing (date)
Engineering or Technical Estimate (performed by)
Independent Third Party Estimate (performed by)
Other (specify) Previous work orders / proposals.
Cost Estimate Details:
(Estimate calculated in US Dollars)
Cost of Standard Items
Product
Cost (S/ea)
Cost (Elea)
Notes/Data Source
Delivered
No Freight
Total
Cost of Services, Repairs, or Non -Standard Items
item/Task:
Refereaeed Phase V
proposal/work order for
appraisals on propereas
previously appraised..
Materials or Work Description
Other Direct
Costs
Labor
Rate ($}
Labor
Hours
Labor
Class
Allocated
Overhead
SGW
Profit
TOTAL
Dillon Shared Parking
Appraisal/Dillon Update
$ 2,000.00
MOS, LLC Appraisal
$ 1.800
Rererenced least cesdy
reports from phase V...
Total
$ 3,800.OD
•xsre, 6artml aN Admiu4v¢.v 5peims
Signature of Prepa
l