HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9115436PURCHASE ORDER PO Number Page
C117/ of PURCHASE
9115436 of z
`t Collins/ v This number must appear
` on all invoices, packing
slips and labels.
Date: 09/16/2011
Vendor: 103941
Ship To:
ENGINEERING DEPT-MASON
CITY OF FORT COLLINS MISCELLANEOUS
CITY OF FORT COLLINS
** CIS **
ENGINEERING DEPT-MASON
281 N. COLLEGE AVE
FORT COLLINS Colorado 80524
Delivery Date: 09/16/2011
Buyer: JOHN STEPHEN
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
Project Management Services
1 LOT
LS
25,500.00
Transfort Maint. Facility
2 Project Management Services
1 LOT
LS
35,700.00
South Transit Center
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 $61,200.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terns and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state 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 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 fro credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any ofits rights orremedies 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 part of the City of Fon 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 arc in fact borne 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 ordee 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 manufacturcra 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 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 roles 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 am, in too. bona fide and possess full and
complete authority to bind said panics.
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 if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is ofthe essence. Delivery and performance must be 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 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 am beyond its reasonable control and without its fault of negligence.
such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, Rood. 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 waranty. 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 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 ofproftts 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 women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terns, 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 of performance 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 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 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 lamination shall relieve
the Purchaser m the Seller of any of their obligations as to any goods delivered hercander.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty 130) 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 w 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 parry.
10. TITLE.
The Seller warrants full, demand unrestricted title to the Purchaser total] 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 ofothas.
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 tclease shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, eficers 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 Iettcq 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 pan 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 ofthe agreement and the rights ofall parties hereunder shall be
construed under and governed by the laws ofthe State ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Repmsentative(s), on the premises ofothers.
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 Sellers 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 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 tarty 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 $400,000. 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 ban 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 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 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 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 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 ofthe Purehaser, 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 Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 03/2010
City of
FOf t Collins
DATE: August 25, 2011
TO: Jim O'Neil
Planning, Development & Transportation
Engineering Department
281 North College Avenue
P.O. Box 580
Fort Collins. CO 80522.0580
970.221.6605
970.221.6378 - fax
Icgov.com/engineering
FROM: Erika Keeton, Special Projects Engineer
RE: Mason Corridor (MAX) Bus Rapid Transit Project
Cost Analysis — City of Fort Collins Operational Services
The Project Team requires the continuation of services from the City of Fort Collins Operation
Services to finalize oversight the design elements for both the South Transit Center (STC) and
the Maintenance Facility Expansion (MFE). This effort will require a budget increase of $35,700
for the STC, and $25,500 for the MFE.
Staff has prepared an Independent Cost Estimate (ICE) also attached; totaling $61,200 which is
what the budget for this work will be set at for these understood oversight services. Should the
scope change from an oversight position to construction management, additional funds in the
order of magnitude initially requested from OS will be renegotiated. Attached please find the
proposed documentation from Operation Services (OS) for $65,280 for the STC, and $49,980 for
the MFE. These numbers are higher, as they included full construction management services
instead of oversight.
OS has been engaged with project from its inception and will be the ultimate maintainer of these
facilities. OS should be utilized for this particular work effort as it would be less cost effective to
bring another consultant up to speed to perform this work. We based the rates on the ICE from
our experience with other projects of similar complexities and previous rates from OS.
OS's original budget was based on a schedule starting construction in 2010. As it will be late
2011 or early 2012 before full construction activities are anticipated to begin, the additional
budget is warranted to complete OS's related project oversight services through this timeframe.
Based on my experience, I believe the requested amount of $61,200 is reasonable for the work
remaining during the final design and construction phase of the MFE and STC for BRT project.
�X,,,AsNch, I rec t
mmend approval of this fee estimate with a budget of $61,200.
Erika Keeton, P.E.
Fop t.Cahn_ Independent Cost Estimate
Date of Estimate: 25-Aug-11
Contract Type: T&M
Existing Contract or PO (YIN): Y
Description of Goods (A) or Services (B): B
I have obtained the following estimate from;
Published Price List I Past Pricing (date)
Engineering or Technical Estimate (performed by)
Independent Third Party Estimate (performed by)
Other (specify)
To provide City Operational Services Project Management Oversight time through final design & construction period.
Assume 3 additional months of final design for both the Maintenance Facility Expansion (MFE) and the South Transit
Center (STC). 9 Months of construction oversight for the STC and 6 months of oversight for the MFE. Rates are
based from previous work Ops Services has Performed from the City.
Cost Estimate Details:
(Eshmam calculated in US Dollars)
Cost of Standard hems
Product
Cost ($lea)
Cost ($lea
Notes/Data Source
Delivered
No Freight
Total
Itemffask:
Cost of Services, Repairs, or Nonstandard Items
Materials or Work Description
Other Direct
Costs
Labor
Rate ($)
Lab"
Hours
Labor
Class
Allocated
Overhead
SGW
Profd
TOTAL
South Transit Center - Final
Design COFC
$ 85.00
60
5,100.010
Maintenance Facility- Final
Design (COFC)
$ 85.00
60
5,100.00
South Transit Carter -
Construction Phase COFC
$ 85.00
360
30,600.00
Maintenance Facility -
Construction Phase COFC
$ 85.00
240
20.400.00
0.00
0.00
Total
61200.00
•s.s,a. ae,�.i w ne,�+m.w. aro�mm
Signature of Pmparan
From:
Steve Seefeld
To:
Erika Keeton;
CC:
Subject:
PM time through final design & construction period
Date:
Wednesday, August 10, 2011 3:54:27 PM
Attachments:
Erika,
I believe the following information is what you're looking for relative to the cost of
PM time on the STC.
Our records show that the project has paid project management through the end of
2010. The estimate for PM time through final CD's is approximately $5075
calculated from the beginning of the year.
The estimate for PM time on STC through the construction period is $60,205.. This
does not include any contingency. These calculations are based upon an STC cost
estimate circulated circa May 2010. The project has decidedly become more
complicated in recent months but I'm OK using these numbers. Our charge out rate
actually dropped in 2010 from $87.50/hr to $85/hr currently. Our staff overhead is
included in the PM hourly rate.
PS: I just need to do the ICE for ALM Change Order#3. I think I can get to that this
week. I sent you all the other info relative to that CO so when I get the ICE
completed I'll send you (along with John Stephen) a copy. Thanks for your
patience. SLS
Stephen Seefeld, CCCA
Facilities Project Manager
City of Fort Collins, Operation Services, PMPD
(970) 221-6227
Fof t Ca111n5
From:
Ron Kechter
To:
Erika Keeton;
CC:
Ken Mann=
Subject:
RE: Invoices from Operation Services
Date:
Wednesday, August 24, 2011 5:15:00 PM
Attachments:
Erika,
Sorry it has taken me awhile to get to this, but I have been extremely busy.
Following are my estimates for Project Management costs for the Transfort
Maintenance Facility Expansion:
Billings have been covered through February, 2011
Billings prepared for March through June, 2011 - $3,952.50
Projected to get to CD's through September, 2011 - $2125.00
Projected through construction - $43,902.50
P.O. Total - $49,980.00 — All hours are projected at the current rate of $85.00/hour,
which covers labor, fringes and overhead.
Please let me know if you have any questions or need further information. Thanks,
Ron
From: Erika Keeton
Sent: Monday, July 11, 2011 10:15 AM
To: Ron Kechter; Steve Engemoen
Cc: Ken Mannon; Terry Tyrrell
Subject: FW: Invoices from Operation Services
Guys, I'm holding your invoices for charges to these projects_ until we can
155Ue a purchase order — please get me your e5timate5 a5 soon a5 p05511Ple.
Thanks, Erika
From: Erika Keeton
Sent: Wednesday, June 15, 2011 10:33 AM
To: Ron Kechter; Steve Seefeld
Cc: Judy Benson
Subject: RE: Invoices from Operation Services
Could you please get this to me by Friday? Thanks, Erika
From: Erika Keeton
Sent: Friday, June 10, 2011 2:06 PM
To: Ron Kechter; Helen Matson; Patrick Rowe; Steve Seefeld