HomeMy WebLinkAboutWORK ORDER - RFP - P1149 CONSULTING ENGINEERING SERVICES WTPPurchase Order Terms and Conditions
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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 Ne 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 performance hereof or 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
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. ASSIG NM ENT 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 Pmehaser 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 most be F.O.B., City of Fort Collins, 700 Wood St., Fart Collins, CO 80522, unless acquired under federal or stale 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 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 vanous parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goals 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 rates 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 resered or established violation of any such laws, regulations, ordinances, rates
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 Purchase Order expressly limits acceptance to the terms and conditions stated
herein set fmnh and any supplementary or additional terns 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 an the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance offential late deliveries, shall operate as a waiver ofthis 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 of civil or military authorities, governmental priorities, fires, stokes, 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 goads, 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 flourished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or ate 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 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 changer 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 of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement a to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that [be Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the 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 furnished in strict
compliance with all applicable laws and regulations to which the goods an: subject. The Seller shall execute and
deliver such documents a 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 parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior wrnen consent of the other parry.
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 tiers, restrictions, reservations, security interest
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims 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 ro 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 perforated 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 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 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 part 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 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 of teens used or the interpretation of the agreement and the rights of al l panics 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 perform work hereunder,
including the services of Sellers ReImsentative(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 Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished 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 furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, al 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, 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 5400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of me 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 cenifcales 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 ofany 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 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 of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at on" cause the same to be dissolved and discharged by giving bond or otherwise. 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 Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03/2010
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
CH2M HILL Engineers, Inc.
DATED: December 24, 2008
Work Order Number: CH-WTF-2012-2
Purchase Order Number: To'1//�
Project Title: Site Piping Improvements Proiect
Commencement Date: June 15, 2012, refer to Exhibit D — Schedule
Completion Date: December 31, 2012, refer to Exhibit D — Schedule
Maximum Fee: (time and reimbursable direct costs): $39,544 refer to Exhibit C — Compensation
Project Description: Professional Engineering Services for Water Treatment Facility Piping Improvements.
Scope of Services: Refer to Exhibit B — Scope of Services
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In the
event of a conflict between or ambiguity in the
terms of the Professional Services Agreement
and this work order (including the attached
forms) the Professional Services Agreement
shall control.
The attached forms consisting of Exhibits B, C
and D are hereby accepted and incorporated
herein, by this reference, and Notice to Proceed
is hereby given.
cc: Purchasing
FCU Water Treatment
CH2M HILL Engineers, Inc.
Professional: CH2M HILL Engineers, Inc.
By:
Date: June 20, 2012
City of F
Submitti
Reviewe
LlC[lC.
Reviewed bfE�!t n Ci C' c a
WR&T Manager
Date: —1 — I 1 — ► Z
Approved by:
Utilities Executive Director
Date:
Approved by:
Director of Purchasing & Risk Management
(if over $60,000.)
Date:
Page 1 of 9
Exhibit B - Scope of Services
Exhibit B to the AGREEMENT between the CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, hereinafter referred to as the CITY, and CH2M HILL Engineers,
Inc., hereinafter referred to as the PROFESSIONAL, for a project generally described as:
Site Piping Improvements
The PROFESSIONAL'S services for the project are detailed hereinafter.
Site Piping Improvements Objective:
Evaluate the following piping improvements and assess their ability to provide additional
reliability and redundancy at the Fort Collins Water Treatment Facility (WTF).
1. Provide a tie-in between the Horsetooth Reservoir Pipeline (upstream of the
Horsetooth Pressure Dissipation Vault) and the Pleasant Valley Pipeline (upstream
of the Flow Blend Facility).
2. Reroute a portion of the Horsetooth Reservoir Pipeline (downstream of the
Horsetooth Pressure Dissipation Vault) south of the Water Quality Laboratory to the
Flow Blend Facility to replace or provide redundancy for existing pipelines believed
to be in poor condition.
3. Relocate a portion of the 36-inch diameter finished water pipeline from the
Backwash Supply Pump Station to an existing valve vault which is currently routed
under the north Solids Drying Lagoon.
It is understood that the CITY will designate Ms. Lisa Voytko as the primary point of
contact with respect to the work performed under this Agreement, with authority to
transmit instructions, receive information, and interpret and define CITY policies and
decisions relative to elements pertinent to the work covered by this Agreement.
Task 1- Project Management
Task 1.1 - Project Management
The PROFESSIONAL's project manager (PM) will prepare, implement, monitor, and update
the project work plan throughout the project. PROFESSIONAL's PM will prepare and
submit to the CITY's PM, on a monthly basis, a brief cost and schedule status report. The
report shall include a narrative description of progress to -date, actual costs for each Task,
estimates of percent complete, and potential cost variances.
PROFESSIONAL will manage the health, safety and environmental activities of its staff and
the staff of its subcontractors to achieve compliance with applicable health and safety laws
and regulations.
Exhibit_A_WO_final_piping_CH-WTF-2012-2.docx Page 2 of 9
PROFESSIONAL will coordinate its activities with CITY staff, as needed, including periodic
telephone status updates.
Deliverables:
• Monthly invoices with project cost and schedule status report (Adobe PDF format).
Task 2 -Site Piping Improvements
Task 2.1— Evaluation of the Piping Improvements
Task 2.1.1 Horsetooth Reservoir Pipeline Interconnect to the Pleasant Valley Pipeline
The PROFESSIONAL will perform a conceptual evaluation to connect the Horsetooth
Reservoir Pipeline upstream of the Horsetooth Pressure Dissipation Vault (HPDV) to the
Pleasant Valley Pipeline (PVP) in the vicinity where the pipelines cross in the southwest
comer of the WTF site. Currently the Horsetooth Reservoir pipeline cannot bypass the
HPDV and the Horsetooth Reservoir Supply must be shut-off for any repairs within the
HPDV. A connection upstream of the HPDV between the Horsetooth Reservoir Pipeline and
the PVP would allow the City to repairs within the HPDV while continuing to supply
Horsetooth Reservoir Water to the WTF and utilize the PVP PDV to break head and control
flow.
The PROFESSIONAL shall evaluate a single alternative to connect the Horsetooth Reservoir
Line to the PVP. The PROFESSIONAL's evaluation will address:
• Flow Schematic
• Pipeline Design Pressures
• Pipeline Flow Capacity
• PVP Sleeve Valve Suitability for use on Horsetooth Reservoir Head
• Site Piping Plan Exhibit
• Site Piping Connections Exhibit
• Conceptual Cost Estimate
Deliverable: Horsetooth Reservoir Pipeline Interconnect to Pleasant Valley Pipeline
Evaluation draft and final TM.
Task 2.1.2 — Horsetooth Reservoir Site Piping Relocation
The PROFESSIONAL will evaluate abandoning the parallel 30-inch and 36-inch Horsetooth
Reservoir Site Piping located between the abandoned T2 clarifier and the Water Quality
Control Laboratory from the HPDV to the Flow Blending Facility and replacing these lines
with a single pipeline located adjacent to, or within, the exit road south of the Water Quality
Laboratory. The existing parallel pipelines are suspected to have inadequate corrosion
control measures and the depth of bury would make for difficult and costly repair.
The PROFESSIONAL shall evaluate up to two alternatives to replace the Horsetooth
Reservoir Site Piping. The PROFESSIONAL evaluation will address:
• Flow Schematic
• Pipeline Design Pressures
• Pipeline Capacity
Exhibit A_WO_final_piping_CH-WTF-2012-2.docx Page 3 of 9
• Site Piping Plan Exhibit
• Site Piping Connections Exhibit
• Conceptual Cost Estimate
Deliverable: Horsetooth Reservoir Site Piping Relocation draft and final TM.
Task 2.1.3 — Finished Water Site Piping/Backwash Supply Pump Station Suction Pipeline Relocation
or Abandonment
The PROFESSIONAL's shall evaluate abandonment or relocation of the 36-inch diameter
Finished Waterline installed under the north Solids Drying Lagoon from the valve vault
where the 27-inch diameter concrete transmission main originates to the Backwash Supply
Pump Station. The existing pipeline is suspected to have inadequate corrosion control
measures and may be buried under permanent structures proposed for solids handling
improvements. The PROFESSIONAL evaluation will address:
• Flow Schematic
• Pipeline Design Pressures
• Pipeline Capacity
• Site Piping Plan Exhibit
• Site Piping Connections Exhibit
• Conceptual Cost Estimate
Deliverable: Finished Water Site Piping/Backwash Supply Pump Station Suction Pipeline
Relocation or Abandonment draft and final TM.
The evaluation performed under subtasks 2.1.1 through 2.1.3 will rely on existing record
drawings and will not include pot -holing. The evaluation will be sufficient for the CITY's
Alternative Project Delivery System Contractor to provide a conceptual cost estimate to
complete the piping renovations and additions described in the TMs for subtask 2.1.1
through 2.1.3 to the CITY. A recommendation will be made regarding the feasibility of each
project evaluated.
PROFESSIONAL will prepare a draft TM for each evaluation and distribute an electronic
copy in Adobe PDF format to the CITY for review and comment.
Task 2.2 —Piping Improvements Workshop
PROFESSIONAL will prepare and deliver one PowerPoint presentation to the CITY
summarizing the analyses and recommendations for each pipeline evaluation included in
subtasks 2.1.1 through 2.1.3. It is assumed that the workshop will be held at the WTF and
that up to three PROFESSIONAL staff will attend and participate in up to a single two-hour
workshop. PROFESSIONAL shall prepare minutes of the workshop summarizing key
discussion decisions and action items. PROFESSIONAL shall provide workshop attendees a
draft copy of the minutes electronically via email for review and comment prior to
finalizing. PROFESSIONAL shall incorporate responses to comments provided to prepare
final workshop meeting minutes to be submitted electronically to workshop attendees via
email in Adobe PDF format.
Exhibit —A WO—final_piping_CH-WTF-2012-2.docx Page 4 of 9
Assumptions Used in Developing this Scope of Services
The PROFESSIONAL's basis for estimating engineering costs for the project is based on the
elements included in task descriptions and the following assumptions:
1. CITY will consolidate CITY review comments onto one copy of the draft TMs and
forward to the PROFESSIONAL. The PROFESSIONAL will address CITY review
comments in preparing the final TM. It is assumed that six (6) hard copies and one
electronic copy in Adobe Acrobat format of the final TM will be provided to the CITY.
2. PROFESSIONAL will perform internal review of CITY deliverables.
3. CITY will review draft deliverables submitted by PROFESSIONAL and provide
comments in writing or otherwise within two weeks.
4. PROFESSIONAL will provide the CITY with deliverables as defined respectively in this
scope of work.
5. Meetings and conference calls will be scheduled at mutually -agreeable date and times.
Agendas and meeting summary(ies) will be distributed electronically via email.
6. CITY will provide PROFESSIONAL with suitable access to WTF facilities for purposes
of field investigations, photography, and data collection. CITY will provide input on
plant operations, operational constraints, and institutional requirements.
7. PROFESSIONAL will rely upon the CITY's Alternative Project Delivery System
Contractor for preparation of the cost estimates. In providing opinions of cost, financial
analyses, economic feasibility projections, and schedules for the project,
PROFESSIONAL has no control over cost or price of labor and materials; unknown or
latent conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market conditions; time or
quality of performance by operating personnel or third parties; and other economic and
operational factors that may materially affect the ultimate project cost or schedule.
Therefore, PROFESSIONAL makes no warranty that CITY's actual project costs,
financial aspects, economic feasibility, or schedules will not vary from
PROFESSIONAL's opinions, analyses, projections, or estimates. If CITY wishes greater
assurance as to any element of project cost, feasibility, or schedule, CITY will employ an
independent cost estimator, contractor, or other appropriate advisor.
Exhibit_A WO_final_piping_CH-WTF-2012-2.docx Page 5 of 9
Exhibit C - Compensation
Exhibit_A WO_final_piping_CH-WTF-2012-2.docx Page 6 of 9
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Exhibit D - Schedule
Exhibit_A_WO_final_piping_CH-WTF-2012-2.docx Page 8 of 9
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