HomeMy WebLinkAbout275829 BONNIE ROERIG & ASSOCIATES - PURCHASE ORDER - 9132198City of
�.Fo�rt Collins
Date: 05/01/2013
PURCHASE ORDER
PO Number Page
9132198 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: 04/30/2013
Buyer: JOHN STEPHEN
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
Shared parking, Ped easements
1 LOT
LS
9,885.00
Appraisals per Work Order
Total
$9,885.00
q4osll�i4
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by John Stephen, CPPO, CPPB
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
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 store and local moms. 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 team 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 perfommnce hemofor 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
mul ...ad i fication or rescission of this purchase order by the Purchaser opemle 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 ANTITRUSICLAIMS.
authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations 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. 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.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser anal 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 Imes, regulations, ordinances and tales affair 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, tales
and requirements.
Authorization. All parties to this contract agree that the repmwnmtivm 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 team and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpanial Ire 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 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, 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 be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may 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 m 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 ofperfommnce 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 panics m 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 ofthe 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 of any of their 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 famished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as duty 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 handless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither patty shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior women consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted tide 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 end claims of others.
The Seller shall release the purchaser and its contractors of any tier from all liability tint] clump of any nature
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsuch party.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to he 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
Shull indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch
infringement at my time during the prosecution or after the completion of the work. In case slid 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 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 mistee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterr s used or the interpretation of the agreement and the rights ofall panics hereunder shall be
construed under and governed by the laws of the State of Colorado, USA.
The billowing Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Represcntative(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 Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are furnished by others for distributed 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, contractor[ 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 of any kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, lasses, 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 mea expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, 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 Safely and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03/2010
City of
F6rt Collins
DATE: April 3, 2013
TO: John Stephen
FROM: Patrick Rowe
0iOPE�1I 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
RE: Mason Corridor (MAX) Bus Rapid Transit Project
Cost Analysis — Shared Parking Appraisals (Updated Proposal/WO)
And, BRT 35.1 Pedestrian Easement
The BRT Project requires continued appraisal services for the Project. Given the critical timing
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. Additionally, four of the five appraisals that
are the subject of this Cost Analysis were previously contracted with BRA; however, the
proposal and established work order are more than two years old and merit updating.
Prior to requesting a proposal for BRA's appraisal services for the shared parking plus Pedestrian
Easement appraisals, I prepared an Internal Cost Estimate (ICE) for the work. The ICE resulted
in an estimate of $10,500. The estimate is based on a previous proposal (Phase V) that included
a number of the same appraisal assignments. Additionally, I referenced the invoiced amount for
a recent stand-alone appraisal (the South Transit Center appraisal) to estimate the cost of a
similar appraisal that is part of this proposal.
Following the completion of the ICE, I received a proposal from BRA in the amount of
$9,885.00 (the details of this proposal is attached for reference). The BRA proposal is $615 less
than the ICE.
In my opinion, this cost difference is within an acceptable range of the estimate that I provided.
Based on my familiarity with appraisal work, including recent and similar appraisals performed
on earlier phases, I believe the BRA proposal to be in -line and justified. As such, I recommend
approval of this fee estimate with a budget of $10,500.
Patrick Rowe
Real Estate Services
System for Award Management
Page 1 of 1
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Cityo
Fort Collins Independent Cost Estimate
Date of Estimate: 11-Mar-13
Contract Type:
Existing Contract or PO (YIN): NO.
Description of Goods (A) or Services (B): Professional Services - Appraising
I have obtained the following estimate from;
Published Price List / Past Pricing (date)
Engineering or Technical Estimate (performed by)
Independent Third Party Estimate (performed by)
Other (specify) Previous work orders / proposals.
Cost Estimate Details:
(Estimate calculated in US Dollars)
Cost of Standard Items
Product
Cost ($/ea)
Cost s/ea)
Notes/Data Source
Delivered
No Freight
Total
Cost of Services, Repairs, or Non -Standard Items
Item/Task:
eferenced previous proposal for Phase
to ascertain cost for properties already
)praised; referenced invoiced amount
i South Transit Center appraisal for
llw stand alone appraisal cost (this is
so consistent w/ proposal).
Materials or Work Description
Other Direct
Costs
Labor
Rate ($)
Labor
Hours
Labor
Class
Allocated
Overhead
SGBA`
Profit
TOTAL
Ix - Shared Parking Appraisal (new
ownership; new area)
$ 3,000.00
3x - Shared Parking Appraisals
(appraiser has appraised other
interests on same properties)
$ 6,000.00
BRT 35.1 (property previously
appraised; some advanced work
has alreadybeen completed)
$ 1,500.00
Total
$ 10,500.00
'Selling. General and Administrative Expenses
Signature of Preparer:
Real Estate Analysts
Valuation Consultants
Bonnie Roerig & .Associates, LLC
Bonnie D. Roerig, MAI
March 28, 2013
Mr. Patrick Rowe
Real Estate Specialist II
City of Fort Collins
Real Estate Services
300 LaPorte Avenue
P.O. Box 580
Fort Collins, Colorado 80524
Re: Proposal for Real Property Valuation Services
Shared Parking Easement and
Pedestrian Access Acquisition
BRT
Ft. Collins, Colorado
Dear Mr. Rowe:
Thank you for contacting me to provide our fee and time schedule to provide real estate appraisal
services relative to the above —referenced properties consistent with the scope of work provided. The
purpose of the appraisals is to estimate the market value of the property rights for acquisition by the
City of Fort Collins for the Bus Rapid Transit (BRT) project to be located in this area.
The appraisals would involve an appropriate and necessary scope of work, relying upon established
methods of valuation, and conveying the results in separate summary reports as appropriate. The
reports would include all of the data, reasoning and conclusions necessary to support the market value
of the properties. The reports would be sufficient in content to support court condemnation
proceedings, if needed.
The appraisals will be prepared in compliance, conformity and consistency with relevant parts of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended
(Uniform Act); 40 CFR Part 24.103 through 105; 23 CFR Part 710; § 38-1-101 et. Seq. C.R.S.; §24-56-
101 et. Seq. C.R.S.; appropriate State laws, regulations, policies and procedures applicable to appraisals
of right of way; and the Uniform Standards of Professional Appraisal Practice (USPAP), 2012-2013 ed.
1873 S. Bellaire Street
Suite 1222
Denver, Colorado 80222-4359
Phone: 303-757-5525
Fax: 303-757-8835
E-mail: bonnie@coloradoappraiser.net
Based on the scope of work for the appraisal, my estimate of total fee is as shown below:
Property Ownership
Appraisal of:
Fee
Carmike
Revised Shared Parking
$2,000
Foothills Church
Shared Parking
$2,500
Bowl Ft. Collins
Shared Parking
$1,885
Bank Center
Shared Parking
$2,000
CH Realty V (formerly Zissu)
Pedestrian Access
$1,500
Total, all properties:
$9,885
We propose to provide you with the report drafts within six weeks of the date of our receipt of
authorization to proceed and the items requested for the assignment (legal descriptions have been
provided; title work and owner contact information may be needed). This proposal includes three copies
of the reports together with final report in PDF.
For information, the hourly rate for my time for any appraisal services relative to this project following
completion of the appraisal as may be authorized is $210.00 per hour.
Please feel free to contact me should you need additional information, clarification, or if you have
questions concerning this proposal.
Sincerely,
Bonnie D. Roerig, MAI
Principal and Owner
BDR/hs
VA