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HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9102684Fort Collins PURCHASE ORDER PO Number Page 9102684 1of2 This number must appear on all invoices, packing slips and labels. Date: 11/19/2012 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: 05/20/2010 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 Addendum to PO 9102684 1 LOT EA 87,697.25 Mason Corridor BRT C3. Oi'l::sQ �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 ll, 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 Invoice Address: $87,697.25 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By sc mte the City of Fort Collins is exempt Item stale 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 ofthe 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 perfomance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Find Collins. of when shipped, received or accepted, m 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 C LAIbIS. authorized payment on the pan of the City of Fort Collins. However, it is to he 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 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 Fon Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various 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 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 perforated 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 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, 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 Omer expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or ndi itional 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 ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event ofany 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 ads of God, acts fcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reason ofthe 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 mere. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe 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 ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to he 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 crony 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 crony ofthe 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 aide,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal more, including additions to or deletions It.... 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 parties as to any work or materials then in progress provided mat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm 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 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 casts 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, 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 ofothers. 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 release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The 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 letter, patent, trademark or copyright, the Seller shall indemnify and save handless 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 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 of terms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repmwnmtive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers 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 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 slate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, commented 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 pmperty damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and lasumnce. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19, PROT'ECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury crony 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 handless 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 persore, 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 afthe Purchaser, or said parties in or as a result ofsuch 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, 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 0312010 John Stephen From: Jim O'Neill Sent: Wednesday, November 14, 2012 7:56 AM To: Erika Keeton; Sandy O'Brien; John Stephen Cc: Keith Meyer; 'Jonathan. Spencer@CH2M.com'; Kari Craven; Christie Whi Subject: RE: MAX Surveying - Request for Addendum I approve the continued use of the City Survey crew for continuity and reasonableness of their costs. Jim From: Erika Keeton Sent: Tuesday, November 13, 2012 8:00 PM To: Jim O'Neill; Sandy O'Brien; John Stephen Cc: Keith Meyer; 'Jonathan.Spencer@CH2M.com'; Kari Craven; Christie White Subject: MAX Surveying - Request for Addendum Jim, please find attached the justification for an addendum to PO 9102684 for surveying services provided by the City Survey Department. Erika Keeton, P.E. Special Projects Engineer City of Fort Collins Engineering Department o. 970.221.6521 c. 970.222.0787 ekeeton@fce,ov.com fce,ov.com City of F6rt CoWn-nos, Memorandum 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 fcgov. com/engine ering To: Jim O'Neil, Director of Purchasing and Risk Management From: Erika Keeton, Special Projects Engineer ' Date: November 13, 2012 Re: MAX BRT — Requisition Request City of Fort Collins Survey Department Addendum to PO 9102684 for Surveying Services The Project Team requires the continuation of services frorn the City of Fort Collins Survey Department to finalize the surveying requirements necessary for the BRT Project. This effort will require a budget increase of $87,697.25. Attached please find the documentation from the Survey Department for the proposed addendum totaling $87,697.25. I have prepared an Independent Cost Estimate (ICE) also attached, totaling $98,397.25. The ICE is based on 30 hours of time needed per month necessary to support the project, which are more hours per month than the Survey Department estimated in their cost estimate. Should the scope change based on project schedule delays outside the City's Survey Department's control, additional funding may be required. This addendum includes work that was already provided from October 2011 to June 2012. The original PO includes work up until October 2011, and due to design delays, the schedule extended requiring further assistance from the Survey Department. Services from October 2011 to June 2012 were necessary to complete the design and right of way phasing portions of the project at a total cost of $31,697.25. This addendum also includes an additional $56,000.00 estimated by the Survey Department for anticipated work for the Construction portion of the project, as well as post -construction survey related issues that may arise, providing support for the Project Managers as well as quality assurance. The City of Fort Collins Survey Department should be utilized for this particular work effort, to provide continuity of service and also because it avoids the costs and potential schedule delays associated with procuring an outside consultant to do this work. The City's Survey Department has been engaged with project from its inception. I based the rates on the ICE from my experience with other projects of similar complexity and previous rates from the City's Survey Department. City of Fit, Collins Based on my experience, I believe the requested addendum for the amount of $87,697.25 is reasonable for previous surveying services as well as future services needed to complete the BRT project. As such, I recommend approval of this addendum. Cilyof Fort Collins Dale of Estimate: 13-Nov-12 Contract Type: T&M Existing Contract orPO(Y/N): Y Independent Cost Estimate Description of Goods (A) or Services (B): B Work shall consist of professional Surveying services provided by the City of Fort Collins Survey department assisting the final design process and right of way phasing, and construction services. I have obtained the following estimate from; Published Price List / Past Pricing (date) Engineering or Techincal Estimate (performed by) Kari Craven Independent Third Party Estimate (performed by) Other (specify) Cost Estimate Details: (Estimate calculated in US Dollars) Cost of Standard Items Product Cost ($/ea) Cost ($/ea) Notes/Data Source Delivered No Frieght Total Cost of Services, Repairs, or Non -Standard Items Item/rask: Materials or Work Description Other Direct Costs Labor Rate ($) Labor Hours Labor Class Allocated Overhead SG&A' Profit TOTAL Current Invoices S 31,697.25 $ 31,697.25 Chief Sunyor Real Estate $ 50.00 230 $ 11,500.00 2-man survey crew $ 70.00 690 $ 48,300.00 Survey Truck and Equip (per hr) (50% of crew hours) $ 20.00 345 $ 6,900.00 Total $ 98,397.25 'Soling, G.,a W eM l mmlxnlw. Ex ., Signature of Preparer. City of F6rt 00 September 11, 2012 Mr. Terry Tyrell Mason Corridor Project Manager 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522 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 rcgov, com/engineering Re: Additional surveying costs associated with MAX/BRT project Dear Terry, As you are aware, the City Survey Department has been required to do additional work due to the Project Schedule extension of the design phase. The proposal that the Survey Department prepared in June of 2011 anticipated the design phase of the project to be completed by the beginning of October 2011. The following outlines the surveying services provided by the City Survey Department to complete the design and right of way phase of the BRT/MAX Project between October, 2011 and June, 2012. These services included response to requests for additional topographic mapping, field staking of proposed rights of way and easements for appraisals, and location and tabulation of additional utility potholing. Tasks completed in the office included the preparation of legal descriptions and exhibits, review of legal documents, and final review of Right of Way Plans for the project. Total Survey costs (Design Phase) = $31,697.25 Invoice No. Date Amount 56492* Oct. -Nov., 2011 $2671.15 56493 Oct. -Nov., 2011 $5576.58 56776 Dec., 2011 $4786.67 56777* Dec., 2011 $ 712.81 57185 Jan., 2012 $2212.13 57186 Feb., 2012 $1971.82 57443** Mar., 2012 $3221.96 57444 Mar., 2012 $4026.89 58155 Apr., 2012 $2015.92 58156 May, 2012 $1441.42 58298 June, 2012 $3059.90 " indicates work performed for Mason Two -Way Conversion ** indicates review of Right of Way Plans performed on contractual basis by Wally Muscott Additionally you have asked that we prepare an estimate of anticipated costs for the Construction Phase of the project. We expect generally to provide support for construction efforts as well as for post -design issues. We will provide assistance to the MAX management Fort of team, and will be on hand for quality assurance related tasks. Based on the time we have spent on the Construction Phase of the project thus far, we foresee these efforts requiring 8 to 10 hours of professional assistance and 20 to 25 hours of field surveying services monthly from July of 2012 through June of 2014. Consequently, the Estimated Survey cost for the Construction Phase of the project is $56,000.00. Please feel free to contact me if you have any questions or concerns of any kind. Regards, John Von Nieda, PLS Chief Surveyor City of Fort Collins 970-221-6565 jvonnieda@fcgov.com Kari Craven From: Wally Muscott Sent: Monday, June 06, 2011 4:58 PM To: Terry Tyrrell Cc: Erika Keeton Subject: Survey Scope of Services Terry, The anticipated scope of surveying services provided by the City Survey Department to complete the design and right of way phase of the BRT/MAX Project: Anticipated total Survey costs = $20,830.30 Chief Surveyor, 90 hours at $49.67 per hour = $4,470.30 Task No.1, 60 hours, Right of way and easement legal descriptions and sketches, both of the Phase 5 properties and any revisions to previously described properties, including preparation of the geometry for those properties to be field located for appraisals. Task No. 2, 15 hours, coordinating/scheduling City Survey field crew efforts. Task No. 3, 15 hours, attending meetings including right of way, design review, future scope of services, ETC. Two person survey crew, 170 hours at $67.00 per hour = $11,390 Task No. 1, 50 hours, Field staking right of way, and easements for appraisals. Task No. 2, 90 hours, Additional topographic field surveys and mapping needs. Task No. 3, 30 hours, Locating and recording additional pothole locations for underground utility information1. Survey truck and equipment, $16 per hour of field survey crew, = $2,720. Survey Party Chief, 60 hours at $37.50 per hour = $2,250 Task No. 1, 40 hours, CADD drafting of field work for the consultant needs. Task No. 2, 20 hours, attending meetings including design review. Wally Muscott, PLS Chief Surveyor City of Fort Collins 970-221-6235 wm uscott(o)fcoov.com