HomeMy WebLinkAboutCHANGE ORDER - BID - 7042 ACQUISITION AND RELOCATION SERVICES MASON CORRIDOR BRT PROJECT (2)...
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CHANGE ORDER FORM
P
PROJECT TITLE; Mason Corridor BRT Project
PROJECT NUMBER: 400903260
CONTRACTOR: Western States Land Services, Inc. (PO# 9954424)
CHANGE ORDER NUMBER: 3
In preparing change orders show in order as separate numbered paragraphs the following
1. Reason for change. 2. Description of change.
3, Change in contract cost. 4. Change in contract time.
1. & 2. See attached for reason and description of change.
The contract cost will increase by $40.000.00.
4. There will be no change in contract time.
ORIGINAL CONTRACT COST $148.680,00
TOTAL APPROVED CHANGE ORDERS
TOTAL PENDING CHANGE ORDERS
TOTAL THIS CHANGE ORDER
ADJUSTED CONTRACT COST
(Assuming all change orders approved)
ACCEPTED
SUBMITTED
REVIEWED
APPROVED BY: DATE:
(Department Head)
APPROVED BY:
(Purchasing Agent)
cc; City Clerk
Contractor
Purchasing
Project File
DATE:
$90,000.00
$0.00
$40,000.00
$278,680.00
/— 11—,.2v! 3
1 / — �! 3
P
PROJECT TITLE; Mason Corridor BRT Project
PROJECT NUMBER: 400903260
CONTRACTOR: Western States Land Services, Inc. (PO# 9954424)
CHANGE ORDER NUMBER: 3
In preparing change orders show in order as separate numbered paragraphs the following
1. Reason for change. 2. Description of change.
3, Change in contract cost. 4. Change in contract time.
1. & 2. See attached for reason and description of change.
The contract cost will increase by $40.000.00.
4. There will be no change in contract time.
ORIGINAL CONTRACT COST $148.680,00
TOTAL APPROVED CHANGE ORDERS
TOTAL PENDING CHANGE ORDERS
TOTAL THIS CHANGE ORDER
ADJUSTED CONTRACT COST
(Assuming all change orders approved)
ACCEPTED
SUBMITTED
REVIEWED
APPROVED BY: DATE:
(Department Head)
APPROVED BY:
(Purchasing Agent)
cc; City Clerk
Contractor
Purchasing
Project File
DATE:
$90,000.00
$0.00
$40,000.00
$278,680.00
/— 11—,.2v! 3
1 / — �! 3
Land Services, Inc.
September 11, 2012
Helen Matson, Manager
Real Estate Services
City of Ft. Collins
300 Laporte Avenue
Ft. Collins, CO 80522
Acquisition and Relocation Specialists
505 North Denver Avenue
Loveland, Colorado 80637
(970) 667-7602 • Metro (303) 938-1414
Fax (970) 667-6580
RE: Continuing Right of Way Acquisition and Relocation Services for the City of Fort
Collins — Mason Corridor/MAX BRT Project
Dear Helen;
Please recall the letter I sent to you on July 12, 2012 regarding the status of our budget
for services on this project. Enclosed with this letter is our most recent invoice for
services in August in the amount of $5,715.54. This leaves a remaining budget for our
services of slightly over $10,000, I have reviewed this with Mike Morgan who is
performing the majority of our work the City on this project and Mike indicates that he
has a considerable amount of acquisition and relocation services remaining to be
completed. Those include:
1. Property Acquisitions
A. Pedersen (have APU)
B. Dillon (waiting on Bonnie's appraisal and PO's appraisal)
C. Big D (have APU)
D. MOS (waiting for Bonnie's appraisal)
E. First National Bank (new TCE)
2_ Parking Easements
A,
Carmike
B.
Dillon
C.
BankCenter
D.
Foothills Baptist Church
E.
Bowl Ft. Collin
3. Relocations — mostly entails getting claims filed
A. Pedersen
B. ZMANS
C. D'Marco
Page 2 of 2
D. Shoppes at Prospect
E. Scott
The only specific ownership that I have in addition to Mike's list above is* the Zissu
Access Easement and I am unsure as to whether or not the City plans to puruse that
acquisiton. Outside of the specific parcels referenced above, we are unsure as to what
degree the City may rely on Western States to provide background information and the
like for real estate activities performed over the duration of the Project in the future.
We are projecting that our work effort will decline in the upcoming months as the
acquisitions and relocations should be resolved in the near future. Projecting ahead,
Mike and I foresee that we will have some level of involvement at least through April of
2013 or an additional 8 months. Considering a declining workload as we move forward,
I estimate that we would need to augment our budget by $30,000 through that period.
This is an estimation only as there is no way we can predict at this point our exact level
of services in the future, however I believe it is a reasonable consideration.
Please consider this and let me know at your earliest convenience how you wish for us to
proceed. Based on the current level of activity, I expect that by the end of October, we
may have reached the limit of our current budget for our services for this Project.
Sincerely,
F S ES LAND SERVICES, INC.
Phil B. Mazur— S A
President
PM/lpk
CC: C08-18 (Accounting file)
PAFORT C0LLINSIC08#ISIH. Matson Budget Itr 9-I1-12.doc
Erika Keeton
From:
Helen Matson
Sent:
Thursday, January 10, 2013 7:49 AM
To:
Jim O'Neill
Cc:
Erika Keeton; Sandy O'Brien
Subject:
RE: Contract Increase for Western States - Mason Corridor MAX BRT Project
Importance: High
Follow Up Flag: Follow up
Flag Status: Flagged
HI Jim — I've talked to Phil Mazur and the rates charged by Western States have stayed the same as the bid to date and
will remain the same for this addendum.
Erika and Sandy— please initiate the addendum for PO #9954424 for $40,000. I'm sure we will not some of that
addendum to cover DecembeCs invoice that will be coming soon. Thanks.
From: Jim O'Neill
Sent: Wednesday, January 09, 2013 3:08 PM
To: Helen Matson
Cc: Erika Keeton
Subject: RE: Contract Increase for Western States - Mason Corridor MAX BRT Project
Sorry this started to get buried in emails. Is Western States holding their prior hourly rate? If not you will need to do a
cost analysis on why we still think their rates are reasonable or not. Other than that I think it is ok. Jim
From: Helen Matson
Sent: Friday, December 28, 2012 11:01 AM
To: Jim O'Neill
Cc: Erika Keeton
Subject: Contract Increase for Western States - Mason Corridor MAX BRT Project
Hi Jim —we need to increase the PO for Western States Land Services. This increase is to complete some acquisitions, do
some entirely new acquisitions and to acquire 5 shared parking easements. I prepared an ICE, received an estimate
from Western States (I did not look at the estimates even though they are dated prior to my ICE, and then did a memo
to recommend the increase amount of $40,000. Please let us know when the PO addendum can be entered. Thanks.
City of
F6rt
„CoLLIns
MEMORANDUM
DATE: December 27, 2012
TO: Jim O'Neill, Purchasing Agent
FROM Helen Matson, Real Estate Services Manager y �—
RE: Mason Corridor (MAX) Bus Rapid Transit Project
Cost Analysis — Western States Land Services — Contractual
Negotiation Services. CO #3
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 City entered into an Agreement with Western States Land Services ("Western") in July of
2009 to acquire the needed property interests for the MAX Project. In August of 2011, a change
order was issued to Western because the MAX project period had been extended. The contract
end date has been extended to 12/31 /2013. We are not proposing to extend this. end date. In
September of 2011 the contract amount was increased by $90,000 due to additional requests and
a delay in the project during 2011.
We are nearing the end of the acquisition phase; however, we still have acquisitions to complete.
There has also been new interests identified that weren't included in the original design. Part of
the approved MAX Project are five shared parking easement sites. These easements have been
very difficult and time consuming to acquire. As of this month, none of these have been
acquired. To continue this contract through the end of 2013 and to complete the required
acquisitions, we need to do a budget increase of $40,000. I prepared an Independent Cost
Estimate (ICE), also attached, totaling $137,225.00. In my ICE, I overestimated the time
Western will need to complete their acquisition on parcels. If new property acquisitions are
discovered in the in the field during construction, we will need to increase the contract amount
again.
I recommend we continue to use Western as our contract negotiator instead of going through
another bid process to select a new negotiator. Since Western is at least in the beginning stages
of negotiations with almost all the remaining interests, it would be difficult to bring in a new
negotiator to finalize these transactions. The rates in my ICE are from my experience with
proposed rates from other acquisition consultants and the bid rates from Western.
Based on my experience, I believe the contract with Western and Purchase Order #9954424
should be increased on $40,000. I recommend approval of this fee estimate of $40,000.
Oryof
Fort Collins Independent Cost Estimate
Date of Estimate: 27-Dec-12
Contract Type:.
Existing Contract of PO (Y/N): Existing Agreement and PO
*9954424
Change Order to Negotation
Description of Goods (A) or Services (B): Contractor
I have obtained the following estimate from;
Published Price List / Past Pricing (date)
Engineering or Technical Eslimate (pedomiad by)
Independent Third Party Estimate (performed by)
Other (specify) This estimate was prepared, usingmy previous experiences in neogtieting
agreements and hiring, consultants to acquire needed property rights.
1 also used Information from original. bid from Western States'. Land Services, Inc,
Cross Parking Easements were not induced in the original bid package and the time to
acquire these interests have been difficult and time. consuming.
Cost Estimate Details:
(Estimate calculated in US Dollars)
Source
Cost of Services, Repairs, or Non -Standard Items
Item/Task:
Materials or Work Description
Other Direct
Costs
Labor
Rate (S)
Labor
Hours
Labor
Class
Allocated
Overhead
SGW
Profit
TOTAL
Addendum to PO #9954424
5
to cover the acquisition activities
until all property has been
acquired.
S
Negotiation Services - Morgan
60
375
S 22.500.00
Negotiation Services - Mazur
75
70
$5,250.00
Administrative Support
-
300
35
310,500.00
Reimbursable Expenses
55,000,00
55,000.00
Total
1
5 43,250.00
'Sean0.0emrelaM AdM We E.,mn
Signature of Prepareriz /
WESTERN STATES
Land Services, Inc. Acquisition and Relocation Specialists
505 North Denver Avenue
December 7, 2012 Loveland, Colorado 80537
(970) 667-7602 • Metro (303) 938-1414
Helen Matson, Manager Fax (970) 667-6580
Real Estate Services
City of Ft. Collins
300 Laporte Avenue
Ft. Collins, CO 80522
RE: Continuing Right of Way Acquisition and Relocation Services for the City of Fort Collins —
Mason Corr -/11QAX BRT Project
Dear Helen;
Please recall the letter I sent to you on September 11, 2012 regarding the status of our budget for the
services of this project and suggesting an amended contract budget amount. At this time, we are
completely out of budget with the City although, pursuant to your direction, we are continuing to work on
the project and are billing for our services on a monthly basis. I have reviewed our current status of work
for the City with Mike Morgan, who is performing the majority of our work for the City on this project,
and Mike indicates that he still has a considerable amount of acquisition and relocation services
remaining to be completed. A majority of the work as set forth in my letter of September 11 `h remains yet
to be completed, although there has been some significant progress on a few of the parcels.
Attempting to estimate the remaining work effort and potential costs associated therewith is extremely
difficult. We note that the shared parking easements by themselves may have a tendency to last well into
calendar year 2013. As you are aware, we do not control the schedule for this work and that makes it
very difficult to attempt to forecast our expenditures as we move into the next calendar year. I note that
our monthly invoicing to the City has decreased somewhat and as forecasted, however, I also note that the
remaining tasks appear to be slowed by circumstances beyond our control. For this reason, I am now of
the opinion that it is very likely we could be extending our work through a majority of 2013 and we need
to reserve a portion of a new budget to complete our files for FTA compliance.
I request that the City augment our current contract amount by $40,000.00 for a new overall contract
amount of $278,680.00. As we are continuing to work to perform our set -vices at your request without
approved funding, I request that you submit this amendment to the appropriate personnel in the City of
Fort Collins for immediate approval.
Thank you and please advise should you have questions.
Sincerely,
W RJ- ,LAND SERVICES, INC.
Plril:1134a2biff — SR/WA
President
CC: C08-18 (Accounting file)
P:\FORT COLLINS\C084 I8\H. Matson Budget ltr 12.7.12.doe
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Entity WESTERN LAND SERVICES, INC. Status: Active
DUNS: 152980665 CAGE Code: 3R5M4 �.`yievi Details
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WESTERN LAND SERVICES, INC.
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https://www.sam.gov/portal/public/SAM/?portal:componentld=66fdb602-77f6-4ba0-914a-... 1 /23/2013
Title: Western States Land Services
Date: 1-23-13
CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE)
Checklist Item
Contract File
Comments
Location
7) Independent Cost Estimate
The City made and documented an
YES
independent cost estimate before receipt of
proposals.
10) Unnecessary Experience and
Excessive Bonding
Unnecessary experience and excessive
NO
bonding requirements were not included in
this solicitation or contract documents.
11) Organizational Conflict of
Interest (OCI)
If there is an apparent or potential OCI the
solicitation contains provisions to eliminate or
mitigate the conflict (e.g. by inserting a clause
NO
that prohibits the contractor from competing
for the follow-on contract to the current design
or research contact) and OCI Certification is
submitted by the contractor.
12) Arbitrary Action
There was no arbitrary action in the
procurement process. (An example of
arbitrary action is when award is made to
NO
other than the contractor who most satisfied
all the City requirements as specified in the
solicitation and as evaluated by staff.
13) Brand Name Restrictions
Brand Name or Equal. When it is impractical
or uneconomical to provide a clear and
accurate description of the technical
requirements of the property to be acquired, a
"brand name or equal" description may be
used to define the performance or other
salient characteristics of a specific type of
property. The City must identify the salient
characteristics of the named brand that
NO
offerors must provide. When using a "brand
name" specification, the City does not need to
reverse -engineer a complicated part to
identify precise measurements or
specifications in order to describe its salient
characteristics. FT A's "Best Practices
Procurement Manual," (BPPM) contains
additional information on preparation of
specifications including examples with
specific language.
14) Geographic Preferences
The solicitation contains no in -State or local
NO
geographic preference except where Federal
statutes mandate or encourage them.
15) Contract Term Limitation
The contract period of performance for rolling
stock and replacement parts does not exceed
five (5) years inclusive of options without prior
NA
written FTA approval. For all other types of
contracts, the procurement file contains
evidence that the contract term is based on
sound business judgment.
18) Award to Responsible
Contractor
The City made a determination that it was
awarding to a responsible contractor
considering such matters as contractor
integrity, compliance with public policy, record
of past performance, and financial and
1. Y
technical resources.
2. Y
1. Appropriate Financial, equipment, facility
3. Y
and personnel. (Y/N)
4.Y
2. Ability to meet delivery schedule. (Y/N)
5. Y
3. Satisfactory period of performance. (Y/N)
4. Satisfactory record of integrity, not on
declined or suspended listings. (Y/N)
5. Receipt of all necessary data from
vendor. (Y/N)
19) Sound and Complete Agreement
This contract is a sound and complete
agreement. In addition, it includes remedies
YES CHANGE ORDER
for breach of contract and provisions covering
termination for cause and convenience.
24) Clear, Accurate, and Complete
Specification
A complete, adequate, and realistic
specification or purchased description was
YES
available and included any specifications and
pertinent attachments which define the items
or services sought in order for the bidder to
properly respond.
38) Sole Source if other Award is
Infeasible
The contract file contains documentation that
award of a contract was infeasible under
small purchase procedures, sealed bids, or
competitive proposals and at least one
of the following circumstances applies:
(1) The item was available only from a single
source. (Verify prices are no higher than price
CHANGE ORDER
for such item by likely customers.)
SERVICE PROVIDER IS
(2) Public exigency for the requirement did
WESTERN STATES LAND
not permit a delay resulting from a
SERVICES
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.
39) Cost Analysis Required
Cost analysis and profit negations were
performed (initial award and modifications)
And documented for price reasonableness
YES
was established on the basis of a catalog or
market price of a commercial product sold in
substantial quantities to the general public or
on the basis of prices set by law or regulation.
40) Evaluation of Options
The option quantities or periods contained in
the contractor's bid or offer were evaluated in
order to determine contract award. (To be
NA
eligible for Federal funding, options must be
evaluated as part of the price evaluation of
offers, or must be treated as sole source
awards.
42) Written Record of Procurement
History
The file contains records detailing the history
YES ORIGINALLY SELECTED
of this procurement. At a minimum, these
BY RFP PROCESS
records include:
SERVICE PROVIDER HAS
(1) the rationale for the method of
BEEN RESPONSIVE AND
procurement,
(2) Selection of contract type,
PRICES ARE FROM EXISTING
(3) reasons for contractor selection or
RFP
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
NO
than prices available in the market or that the
option was a more advantageous offer at the
time the option was exercised.
If an option was not exercised under this
contract, check NA.
44) Out of Scope Changes
The grantee amended this contract outside
the scope of the original contract. The
YES, THE WORK IS OUTSIDE
amendment was treated as a sole source
THE ORIGINAL AGREEMENT
procurement (complying with the FTA
requirements for a justification, cost analysis
and profit ne otiation).
45) Advance Payment Provisions
The contractor did not receive an advance
payment utilizing FTA funds and the contract
NO
does not contain advance payment provisions
or, if it did, prior written concurrence was
obtained from FTA.
46) Progress Payment Provisions
The contract contains progress payments
based on costs incurred (as opposed to
percent of completion) and the contract
contains a provision giving the grantee title to
YES
property (materials, work in progress, and
finished goods) for which progress payments
are made. The contract may contain other
security in lieu of obtaining title.
47) Time and Materials Contracts
This is a time and materials contract; the
grantee determined that no other type of
NO
contract is suitable; and the contract specifies
a ceiling rice.
48) Cost Plus Percentage of Cost
This is not a cost plus a percentage of cost
NO
type contract.
49) Liquidated Damages Provisions
This contract contains liquidated damages
provisions and the assessment for damages
NO
is specified in the contract at a specific rate
per day for each day of overrun in contract
time.
50) Piggybacking
1) The file contains: Assignability provisions.
NO
2) The procurement file contains: Price
reasonableness determination.
56) Clauses
This contract contains the appropriate FTA
YES
required clauses.
Excluded Parties Search SAM
YES
EPS run and include in the file.