HomeMy WebLinkAbout100022 AECOM TECHNICAL SERVICES INC - PURCHASE ORDER - 9104026City of
F&tCollins
PURCHASE. ORDER PO Number Page
91.04026 �of2
IThis number must appear
on all invoices, packing
slips:an d labels.
Date: 08/04/2010
Vendor: 100022
AECOM TECHNICAL SERVICES_ INC
717 17TH ST SUITE 500
DENVER Colorado 80262
Ship To: ENGINEERING DEPT-MASON
CITY OF. FORT COLLINS
ENGINEERING DEPT-MASON
281 N. COLLEGE AVE
FORT COLLINS Colorado 80524
ueuvery Uate: 08/04/2010 Buyer: JOHN SIEPHEN
Note:
Line
1
Description
UOM
Mason Corridor BRT 1 LOT^ LS
Project Managemerit Services
PER TERMS AND CONDITONS OF RFP 7155, AND AGREEMENT DATED 8-4-10
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.
Unit Price
;P,rice
699;498.00
Total .. $699,498.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
1. COMMERCIAL DETAILS. - t
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes Oirr Eiiemption Number is
98-04502. Federal' Excise Tnz Exemption,Catificatc of Registry 84-6000587 is registered with the Collector of
Intema] Revenue; Denver Colorado (ReGColomdo Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to •fail we to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to!you.'foraedit'and'are not to be replaced except upon receipt of written
instructions from "the City of Fort Collins.- '- '
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
Page 2 of 2
11. NONWANER.'
Failure of the Purchaser to insist upon strict perfonnance of the'terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein' or by law;. failure to oromptly notify;tl a Seller rn'thb event of a
breach, the acceptance of or payment for goddshereunder or approval:of the design,. shall not release the Seller of
any of the warranties or obligations of this purchase order end shall oot be deemed a waiver-' any'right of the
purchaser to insist upon strict performance hereof or my"of its tights or remedies as toany such, goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default b&iander;:•o'orshall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
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 of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore for good'cause and as 'd
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order..If.permission .is given to prepay freight. and charge separately, the original freight
bill must accompany invoice. Additional charges Tor packingwill not be accepted: ` ` -
Shipment Distance. Where manufimeturers'have-distributing points in various parts of the country, shipment is
expected from the nearest distribution point to destinationsand excess,freight will',be deducted from Invoice when
shipments are made from greater distance. y - will,
Permits. Seller shall procure at -sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and mles 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, rules
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind'said parties.
LIMITATION _OF TERMS. This PurchasoOrder aicpressly limits acceptance to the -terms and conditions stated
'herein'set forthand.my supplementary.or additionaltemu 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.ofthe essence. Delivery and performance must be effectedwithin time stated;or the: purchase order and the documents attached hereto No, acts of the Purchasas,incliiding, without
limitation, acceptance of partial late deliveries,,,'Aall operate as a waiver of this provision In the event of any delay,
the Pumhaser.'shall have,.io addition to other legal and_. equitable remedies, the option ofplacingthis 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 cadres not reasonably foreseeable whichare_beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of theconditionscausing 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 wan -ants 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 end 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 ormake
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 providedby�Ne.Seller: Aathe'date'of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed) resulting1nin ,imperfect,;
or defective work done or materials famished by theSeller. Acceptance or use of goods'by.the Purchaser shallnot constitute a waiver of any claim under this warranty. Except. as otherwise provided in this purchase order,?th'e Sellersl
.liability' hereunder shall�extendto all damages proximately caused by the breach of any of the'f rregoing warranties
or guarantees, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
cons[ ent on for executing this
Purchase order, the Seller hereby assigns to the Purchaser any and"all -claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
Purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE, OF, SELLERS OBLIGATIONS
If the Purchaser directs the Seller, to correct tionconformm@or,defective goods by s 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 expedition Mars, available to it, and the Seller shell pay all
costs associated with such work. .. -
The Seller shall release the Purchases amid its contractorsof anyfier from'ell.liability and claims ofany natureresulting 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 of such party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such -work is or raisdo ettie Performed li rehaser� - - - performed P Y the pu
19. 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 ahelproseeution-or after the completion of the work. -In case said equipment, or
any part thereof or the intended use of thegoods, is in such suit held to constitute infringement and the use,of
said equipment or part is enjoined, the•Sellershell,'d'af its own expense and at its option, either procure for the
Purchaser the-right.to continue .using said equipment, orrparts,.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, thisorder'may 'forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW,
The definitions of terms used or the interpretation of the agreement and the rights of allparties 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`peiform work hereunder,
including the services of Scllers Representative(s), on the premises of others.
C
,,ruse rs miry,completedend accepted, end shall, m case.of any accident; destruchon'oi m3ury to the work and/or materials Before°Sellers final completion end acceptance, complete th'e work at.Seller's ownbxpense and toth satrsfaction�'of the,Lurchaser. When materiels end equipment are famished by others for installation or erection by the Seller, the.Seller shallreceive, unload, store and handle same et the site and become responsible therefor as though such materials and/or equipment were being Cumished by the Seller under the orderer"
4. CHANGES IN LEGAL TERMS, 18. INSURANCE.
The Purchaser may make changes to legal temu by written change order. The Seller shall, at his own expense, provide for the payment of workers compensation; including occupational
5. CHANGES IN COMMERCIAL TERMS. disease benefits, to its employees employed on'or in connection with the work covered by this purchase order,
and/or to thew dependents in accordance with the laws of the state in which the work is to be done. The Seller
The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions from shall also carry comprehensive, general liability including, but not limited to, contractual and automobile public
the ,quantifies„originally,.ordered .in the.specificatons..ordrawings, by..verbal..or. written change.order..Ifany.:such ,liab ity,.insumncewith,bodily,injury; and death,limitsofat least S300,000.for:any.one person,.$500,00016r.any
change effects the amount due or the time of performance hereunder, an equitable adjustment shall be made. one accident and ro p party damage limit per. accident of $400,000. The Seller shall likewise require his
6. TERMINATIONS. contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
The:Piiroheser may. et any time by written change order;;terminate this agreement as to any or all portions of the that comees apensetion and insurance hll do any work upon the ave beenses provided. Such Seller shill fu isha the
Purchaser
the date ratiificate
goods thothem
ou aotshipped, subject to any equitable adjustment between the parties as to any work or materials then in compensation aratinsurance have beenpmvidedrSuch certificates shall specify the date wn irsuch compensation
progress provided that the Purchaser shall not be Gable for any claims for anticipated profits on the uncompleted and insurance l after expires. The Seller agrees that such compensation and insurance shall be maintained until
Portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in entire work ise completed and accepted. the
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 furnished in strict
compliance with all applicable lawsand 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 ofthe
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 furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
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, losses,damages,
charges or expenses, whether direct or indirect, and whether to parsons or property to which the Purchaser may
be put or subject by mason of any act, action, neglect, omission or def iult.on the part 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 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 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. Vic Seller and
his contractors shall take ell safety precautions, furnish and install all guards necessary for the prevention of
accidents, comply with all lawsand regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rulesand regulationsissued pursuant thereto. •E , ..
Revised 03/2010
(9/20/2010) John Stephen - Fwd: RE: AECOM Independent Review Page 1
J PO
From: Erika Keeton
To: John Stephen
CC: Terry Tyrrell
Date: 9/17/10 P
Subject: F RE: AECOM Independent Review
Attachments: ."�ECOM est gsl pdf
John, Baker has completed an independent review of the AECOM project management contract. See email below and attachment.
Let me know if you need anything else. Thanks, Erika
Erika Keeton, P.E.
Special Projects Engineer
City of Fort Collins Engineering Department
970.221.6521
ekeeton@fcgov.com
>>> "Leiphart, Galina" <GSLeiphart@mbakercorp.com> 9/16/2010 9:45 PM >>>
L
a — thank you for your patience with this.
have completed our review of AECOM's proposed hours, rates and total cost corresponding to the provided scope. Attached for
r reference is Baker's independent hour's estimate and cost. Baker's total cost estimate is within 2% of that proposed by
OM.
our opinion that the proposed hours are appropriate for the Project Management Consultant role, and that the proposed rates
ect the necessary technical expertise for the project.
se let me know if you have any questions or we can be of additional assistance.
nksna
From:Erika Keeton fmailto:ekeeton@fcgov.com]
Sent: Thursday, July 29, 2010 11:22 AM
To: Leiphart, Galina
Cc: Helen Migchelbrink
Subject: AECOM Independent Review
Hi Galina, we have selected AECOM as our project management consultant and we need to have an independent review of the
costs for FTA. Is this something you guys could do for us? I've attached the scope and costs and copies of the RFP. I can give you a
copy of AECOM's proposal this afternoon if you need it. Thanks, Erika
Erika Keeton, P.E.
Special Projects Engineer
City of Fort Collins Engineering Department
970.221.6521
ekeeton@fcgov.com
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