HomeMy WebLinkAbout117704 COLORADO DEPARTMENT OF TRANSPORTATION - PURCHASE ORDER - 9123612PURCHASE ORDER PO Number Page
City Of 9123612 1 of 2
' `t Collins
ns This number must appear
on all invoices, packing
slips and labels.
Date: 06/18/2012
Vendor: 117704 Ship To: ENGINEERING DIVISION
COLORADO DEPARTMENT OF TRANSPORTATION CITY OF FORT COLLINS
4201 E ARKANSAS AVE 4TH FLOOR 281 N COLLEGE AVE
DENVER Colorado 80222 FORT COLLINS Colorado 80521
Delivery Date: 06/18/2012 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 1-25/SH 392 Interchange Imprvm
Inv.#1800003354 & #1800003325
C39: O!l.:-aQ.l
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 11, 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
1 LOT LS
Total
Invoice Address:
188,934.19
$188,934.19
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 state and local taxes. Our Exemption Number is I L NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6(HID587 is registered with the Collector of Failure of the Purchnscr to insist upon strict perfrmance 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 pmridcd hainn or by lam, failure to promptly notify the Seller in the event Of a
breach, the acceptance ofor payment for goods hercunda or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or duc to defects of any of the wamntics or obligations of this purchase order and shall not be deemed it waiver of any right of the
damage in transit, may be reamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict perfomancc hereof or any of its rights or remedies as to anv 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 Purchnscr operate as a wawcr of any of the terms
Inspection. GOODS arc subject to the City of Too 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 pan of the City of Port Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in rental economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofoll applicable required inspection procedures, violations are 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 hcrea0cr
Freight Terms. Shipments must be F.O.H. City of Full Collins 700 Nand St.. Fort Collins, CO R0522, unless acquired under federal or state antitrust Inws 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 cr acquired by the Purchnscr pursuant to this purchase order.
bill most 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 parts of the country. shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected form the nearest distribution point to destination. and excess freight will be deducted floor Invoice When Purchnscr rod the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purohascr
shipments arc made form greater distance, may cause the work to be Performed by the most expeditious means available to it, and the Seller ,shall pay all
costs sssoci algid wish such work.
Permits. Seller shall procure, at sellers sole cost all necessary permits, certificates and licenses required by all
applicable Imes regulations ordinances and toles of the state, municipality, territory or political subdivision whac
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 Far Collins harmless fount and against all liability and loss
incurred by them by reason craft asserted or established violation orally such laws, regulations. Ordinances, toles
and requirements.
Authorisation. All panics to this contract agree that the representatives are. in fact, bona fide and pussess 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 temu end conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller arc 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 hacto. No acts of the Purchaurs including, without
limitation, acceptance ofpartial late delivaies, shall operate as a waiver of this provision. In the event orally delay,
the Purchaser shall have, in addition to other legal and equitable mmedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligacc.
such acts of GOd, acts ofcivil or military authorities governmental priorities, rims strikes, flood, cpidcmics, wnrs Or
riots pmvidal that notice of the conditions causing such delay is given to the Purchaser within fire (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
perfomed 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 purchnscr harmless from any Ines, damage or expense which the
Purchaser may suffer or incur on account ofthe Scllers breach of wamnty. 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 paiOd of
time as may be prescribed by law or by the terms array applicable womanly provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim tinder this wamnty. Except as otherwise pmvided in this purchase order, the Sellers
liability hereunder shall extend to all damages paximatcly caused by the breach of any ofthe foregoing wamntics
or guarantees but such liability shall in no Dent include loss of profits or loss Muse 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 anv 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 wriften change Order. If any .such
change affects the amount due or the time ofperformance hereunder, an equitable adjusmunt shall be made.
h. TERMINATIONS.
The Purchaser may at any time by written change order. terminate this agreement as to any or all portions of the
gads then not shipped, subject to any equitable adjustment bcmccn the panics as to any work or mrtaids then in
pmgrcss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion critic 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 arc the Sellers standard stock. No such temtinntion shall relieve
the Purchaser Or the Seller of any of their obligations as to any goork% delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or lamination is
ordered.
S. 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 grads arc 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 Purchnscr hamdess fmm all costs and damages suffered by the Purchaser as a result of the
Scllers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign. transfer, or convey this urdct or any monies due or to become due hereunder without the
prior written consent of the other parry.
10. TITLE.
The Sellawmmnts full, clear and unrestricted till, to the Purchaser for all equipment. materials, and items furnished
in performance of this agreement free and clear of any and all liens, restrictions, rescnmtimr9. security interest
encumbrances and claims of others.
The Seller shill release the Purchaser and its contractors of any tier fair all liability and claims of any nature
resulting from the performance ofmch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors. Offmco 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 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 Icier. 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 pmass in connection with the contract, and
shall indemnify the Purchaser totally cost, expense or damage which it may be obliged to pay he reason of such
infringement at any time during the pmsecution or after the completion of the work. In case said equipnent, or
any pan thereof or the intended ass of the goods, is in such snit held to constitute infringement and the use of
mid equipment or part is enjoined, the Seller shall, at its own expense and at its Option, eitha procure for the
Purchaser the right to continue using mid 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 lea kmpt, make no assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Scllcrs property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation of the agreement and the rights ofall panics hereunder shall be
consumed under and governed by the laws ofthe State of Colorado. USA.
The following Additional Conditions apply only in eases where the Seller is to perfomt work hereunder,
including the services Of Scllers Reprcsentntive(s), on the premises ofothcrs.
17. SELLERS RESPONSIBILITY.
The Seller shall entry on said work at Sellers own risk until the more is fully completed and accepted, and shall.
in case of any accident destruction ar injury to the work and/or materials before Scllcrs final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are fornishcd by others for installation or election by the SeReq 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 furnished by the Seller under the order.
19. INSURANCE.
The Seller shall, at his own expense, provide for the payment of wnrk,. compensation. including occupational
disease benefits. to its cmployecs empmyed on or in connection with the work covered by this purchase older,
and/or to their dependents in rccmdrncc with the laws of the state in which the work is to be done. The Seller
shall also carry eomprchasive general liability including, but not limited to. contractual and automobile public
liability insurance with bodily injury and death limits ofal least 5300.000 for any one person. S500.0i 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 ofthe Seller, or his contractors
employees shall do any mirk upon the puncon cs ofothcrs, the Seller shall famish the Purchaser with a affiliate
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 insurmwe expires The Scllcr agrees that such compawalion and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller Mrchy assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind
or nature whatsoever to persons or pmperty caused by or resulting fmm 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 Pmchrscm officers, agents and cmployecs from and against any and all claims. losses, damages.
charges or expenses, whether direct or indirect, and whether to persons or preperty to which the Purchaser may
he put or subject by reason of any act action. neglect, omission or default on the part ofthe Seller, any of his
contractors. or any Of the Scllcrs or contmetors officers, agents or cmployecs. In case any suit Or Other
pmccerings shall be brought against the Purchaser. or its officers, agents or employees at any time on account or
by reason M any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agent 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 papery of the Purchaser, or said panics in or as a result Of such suits or other paccedings.
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwiw. The Seller and
his contractors shall take all safety precautions, furnish 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 Safcrp and Health Act of 1970 and all mles and regulations issued pursuant thetem.
Revised 03/2010
COLORADO DEPARTMENT OF TRANSPORTATION
Division: Local Agency Billing
Invoice# 1800003354
Customer# FAB0455
Billing for Period Ending: 05/31/2012
Bill to: CITY OF FORT COLLINS
P O BOX 580
FORT COLLINS CO 805:
Attn: Rick Richter
State Project:16639
Federal Project: 392A-012
Original P.O. # 9117007
EPARTNIENT OF TRANSPORTATION
Project Description: SH 392 & 1-25 Interchange Reconstruction
PROJECT ACCOUNT STATUS
Local Entity previously billed $ 1,294,428.49
Less payments received to date $ (1,008,428.47)
Plus Current Billing $ 168.630.43
TOTAL AMOUNT DUE TO COLORADO DEPARTMENT OF TRANSPORTATION $ 454,630.45
Current
Period
Expenses
PARTICIPATING COSTS TO PROJECT:
Local
Share
Due
Construction $ 1,658,539.45 $ 145,785.45
T
Participatina Costs to other providers _ $ 1,512,754.00
Costs
NON -PARTICIPATING COSTS TO PROJECT:
Construction $ 22 844.98 $ 22,844.98
Non -Participating Costs(Current Total) $ 22 844.98 -
Non -Participating Costs to other providers $ 0.00
Local entity Share Non -Participating Costs $ 22,844.98
sv/so 5plIF -fount of Windsa,c d of F�.Cullw5
CURRENT PERIOD BILLING 5 Bt 315. aA I. J t515•a1 $ 168,630.43
Due upon receipt
Please make check payable to COLORADO DEPARTMENT OF TRANSPORTATION and mail to:
4201 E.Arkansas Ave. Rm. 212 Denver, Colorado 80222
IMPORTANT: Reference the CDOT invoice number and Customer number on payment.
For Billing inquiries please contact your CDOT Regional Business Office at 970-350-2109
COLORADO DEPARTMENT OF
TRANSPORTATION
Invoice
# 1800003354
Customer
# FAB0455
Project No.
# 16639
Region
# 04
Indirect Rate
# 0.00%
CE Rate
# 10.00 %
Federal Providers :-
Provider Name
Percent
j Obligation
TRANSPORTATION IMPV PRJ
91.21 %
$
1,812,278.00
Interstate Maintenance (IM)
91.21 %
$
13,008,167.00
Trans Im rov Pr Flex
80.00 %
$
192,405.00
Total for Federal Providers
_
$
15,012,850.00
Other Providers :
Provider Name
JPercent 10bligation
STATE FUNDS ALLOTTED
0.00 %
$
0.00
FASTER Safety Program
0.00 %
$
1,981,472.00
FY97
0.00 %
$
500,000.00
CITY OF FORT COLLINS
0.00 %
$
2,291,441.00
TOWN OF WINDSOR
0.00 %
$
2,291,440.00
Total for Other Providers 1 $ __ 7,064,353.00
COLORADO DEPARTMENT OF
TRANSPORTATION
Invoice
# 1800003354
Customer
# FAB0455
Project No.
# 16639
Region
# 04
Indirect Rate
# 0.00%
CE Rate
# 10.00 %
191 Oita *at • 2LA10 bR WSJ ;I 'L619
Phase
Description
A mt Date
Pstng Date
Exp
Amount
Construction From Billed History
05/12/2011
$
12,588,034.49
STATE GRANTS P
04/26/2012
$
20,120.58
C E POOL P
05/11/2012
$
138,959.75
INDIR COST N
05/11/2012
$
22,844.98
INDIR COST P
05/11/2012
$
109,861.58
PRJ CONTT CONTR P
05/11/2012
$
1,389,597.54
Construction Total I
$
14,269,418.92
Desi n From Billed History
05/22/2008
$
2,125,049.26
Desi n Total $ 2,125,049.26
Ri ht Of Way From Billed History 07/02/2010 $ 1,851,905.75
Right Of WaTotal $ 1,851,905.75
Utilities From Billed History $ 0.00
Utilities Total $ 0.00
`Note: P - Participating
N - Non -Participating
COLORADO DEPARTMENT OF TRANSPORTATION
Division: Local Agency Billing
Invoice# 1800003325
Customer# FAB0455
Billing for the Period Ending: 04/30/2012
Bill to: CITY OF FORT COLLINS
P O BOX 580
FORT COLLINS CO 80522-0580
Attn: Rick Richter
State Project:16639
Federal Project: 392A-012
Original P.O. # 9117007
:; a FT,.
DEPARTMENT OF TRANSPORTATION
Project Description: SH 392 & 1-25 Interchange Reconstruction
PROJECT ACCOUNT STATUS
Local Entity previously billed $ 1,085,190.54
Less payments received to date $ (1,008,428.47)
Plus Current Billing $ 209,237.95
TOTAL AMOUNT DUE TO COLORADO DEPARTMENT OF TRANSPORTATION $ 286,000.02
Current Local
Period Share
Expenses Due
PARTICIPATING COSTS TO PROJECT:
Construction $ 2,050,160.58 $ 180,209.58
NON -PARTICIPATING COSTS TO PROJECT:
Construction $ 29,028.37 __ $ 29,028.37
CURRENT PERIOD BILLING
D W -1) f t a •-I a
SI.D1t)L18.47 $
Due upon receipt
Please make check payable to COLORADO DEPARTMENT OF TRANSPORTATION and mail to:
4201 E.Arkansas Ave. Rm. 212 Denver, Colorado 80222
IMPORTANT: Reference the CDOT invoice number and Customer number on payment.
For Billing inquiries please contact your CDOT Regional Business Office at 970-350-2109
209,237.95
COLORADO DEPARTMENT OF
TRANSPORTATION
Invoice
# 1800003325
Customer
# FAB0455
Project No.
# 16639
i Region
# 04
j Indirect Rate
# 0.00%
CE Rate
# 10.00 %
Federal Providers :-
Provider Name
Percent I
Obligation
TRANSPORTATION IMPV PRJ
91.21 %
$
1,812,278.00
Interstate Maintenance (IM)
91.21 %
$
10,008,168.00
Trans Im rov Pr' Flex
80.00 %
$
192,404.00
Total for Federal Providers
I
$
12,012,850.00
Other Providers :
Provider Name
JPercent 10bligation
STATE FUNDS ALLOTTED
0.00 %
$
0.00
FASTER Safety Program
0.00 %
$
1,981,472.00
FY97
0.00 %
$
500,000.00
CITY OF FORT COLLINS
0.00 %
$
2,291,441.00
TOWN OF WINDSOR
0.00 %
$
2,291,440.00
Total for Other Providers
I
$
7,064,353.00
I
COLORADO DEPARTMENT OF
TRANSPORTATION
Invoice
# 1800003325
Customer
# FAB0455
Project No.
# 16639
Region
# 04
Indirect Rate
# 0.00%
CE Rate
# 10.00
,':a '".• . - Est•' ' „
DEPARTMENT OF TRANSPORTATION
Phase
Descri tion
A mt Date Pstnq Date
Exp
Amount
Construction From Billed History
05/12/2011
$
10,508,845.54
C E POOL P
04/06/2012
$
176,571.59
PRJ CONST CONTR P
04/06/2012
$
1,733,991.49
CONST RETAIN P
04106/2012
$
0.00
INDIR COST N
04/09/2012
$
29,028.37
INDIR COST P
04/09/2012
$
139,597.50
Design From Billed History 05/22/2008 $ 2,125,049.26
Design Total $ 2,125,049.26
Right Of Way From Billed History 07102/2010 $ 1,851,905.75
Right Of Way Total $ 1,851,905.75
Utilities From Billed History $ 0.00
Utilities Total $ 0.00
'Note: P - Participating
N - Non -Participating
I
CDOT SAP System Analysis
Phase:
16639.10.10
Non.
Part _
Total
Provider
%
Obligation
Apportionment
$
1,848,195:96
$ 3,709.79
$
1,851,905.75
FABLY30
F 01
91.21%
$
2,737.00
$
2,737.00
$
-
$ 2,737.00
$
2,737.00
FAB411
S 01
0.00%
$
1,849,169.00
$
1,849,169.00
$
1,848,195.96
$ 972.79
$
1,849,168.75
FAB402
S 02
0.00%
-
$
$
-
$ -
$
-$
$
1,851,906.00
$
1,851,906.00
$
-
$
$
1,851,905.75
Phase:
16639.10.30
Non
Part
Total
Provider
%
Obligation
Apportionment
$
14,885.19
$ 2,110,164.07
$
2,125,049.26
FABLY30
F 01
91.21%
$
1,673,462.00
$
1,673,462.00
$
-
$ 1,673,462.00
$
1,673,462.00
FAB463
S 01
0.00%
$
500,000.00
$
500,000.00
$
14,885.19
$ 436,702.07
$
451,587.26
FAB411
S 02
0.00%
$
303.00
$
303.00
.$
-
$ -
$
-
FAB402
S 15
0.00%
$
-
$
$
$ -
$
$
2,173,765.00
$
2,173,765.00
$
-
$ -
$
2,125,049.26
Phase:
16639.20.10
Non
Part
Total
Provider
%
Obligation
Apportionment
$
176,492.07
$ 12,411,542.42
$
12,588,034.49
FABL900
F 01
80.00%
$
192,404.00
$
192,405.00
$
-
$ 192,404.00
$
192,404.00
FABLY30
F 02
91.21%
$
136,079.00
$
136079.00
$
$ 136,079.00
$
136,079.00
FABL01E
F 03
91.21%
$
18,008,167.00
$
18,008:167.00
$
$ 10,965,124.00
$
10,965,124.00
FAB0455
L 01
0.00%
$
2,291,441.00
$
2,291,441.00
$
176,492.07
$ 1,117,935.42
$
1,294,427.49
FAB1375
L 02
0.00%
$
2,291,440.00
$
2,291,440.00
$
-
$
$
FAB402
S 15
0.00%
$
-
$
-
$
$
$
$
22,919,531.00
$
22,919,532.00
$
$
$
12,588,034.49
Expenses for:
FAB0455
$
1,294,427.49
Local Entity Previously Billed $ 1,085,190.54
COFRS Payments Received $
SAP Payments Received $ (1,008,428.47)
Current Billing $ 209,236.95
Total Amount Due to CDOT $ 285,999.02