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HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - PURCHASE ORDER - 9126029City of Fort Collins PURCHASE ORDER Date: 11/20/2012 Vendor: 330179 INTERWEST CONSULTING GROUP 1218 W ASH SUITE C WINDSOR Colorado 80550 PO Number Page 9126029 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS Colorado 80524 Delivery Date: 11/20/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Fairway & College Interseciton Traffic Signal Design per Work Order. 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 1 LOT LS 13,450.00 Total $13,450.00 Invoice Address: 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 statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NONWA1VER. 98-04502. Federal Excise Tax Exemption Cenificale 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 Starnes 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 he resumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any ofits rights or remedies as to any such goats, reganOns 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 Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and m 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 For Collins, 700 Wood St., Port 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 OP SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconfomning 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 Purchuer 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 mles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly consigned 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 fall and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fourth and any supplementary or additional tears and conditions annexed hereto or incorporated herein by reference. Any additional at different terns 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 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 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 ofcivil 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 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 mature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer our 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 terns of any applicable warranty provided by the Seller oiler the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect our 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 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 changes to the terms, other than legal terms, including additions to our deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change ofTecta the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, moratoam this agreement as to any or all portions of the goats then not shipped, subject to any equitable adjustment between the parties u to any work or materials then in progress provided that the Purcbmcr shall not be liable for any claims for anticipated profits on the uncompleted portion of the goofs and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goats which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligation as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most 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 famished 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 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 party. 10. TITLE. , The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 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 to the directors, iffcers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became 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 hamaless the Purchuer 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 port thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pad 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 noninfringiag equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt, 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 terns used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(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 Seller's final completion and acceptance, complete the work at Seller's awn 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. 19. 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 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 Ivor any one accident and property damage limit per accident of S400,000. Ibe Seller shall likewise require his contractors, if any, to provide for such compensation and insumnce. Before any of the Sellers our his contractors employees shall do any work upon the premises ofothers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the thine 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 resumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whensoever 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 Purchuer 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 our property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pad 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 offices, agents or employees as nfaremid, 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 our 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 Like 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 rules and regulations issued pursuant thereto. Revised 0312010 Excluded Parties List System Page 1 of 1 Search - Current Exclusions > Advanced Search > Multiple Names > Exact Name and SSNfTIN > MyEPLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocurement Codes Agency & Acronym Information > Agency Contacts >Agency Descriptions > State/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Administration > Upload Login Excludedf Parties;Lst EPLS Search Results Search Results for Parties Excluded by Firm, Entity, or Vessel : Interwest Consulting Group inc State: COLORADO Country : UNITED STATES As of 19-Nov-2012 5:42 PM EST Save to MyEPLS Your search returned no results. Back New Search Printer -Friendly Resources > Search Help >Advanced Search Tips > Public User's Manual >FAQ > Acronyms > Privacy Act Provisions > News System for Award Management > (SAM) Reports > Advanced Reports > Recent Updates > Dashboard Archive Search - Past Exclusions >Advanced Archive Search > Multiple Names > Recent Updates > Browse All Records Contact Information > For Help: Federal Service Desk https://www.epls.gov/epl s/search.do,j sessionid=6E2FE483 5664A8F2BB03 D039CF 190E... 11 /19/2012 4> X . may: MAX Field Construction Office 3000 South College Ave., Suite 201 Fort Collins, CO 80526 fcgov.com/maxconstruction Delivery by email November 16, 2012 Ms. Erika Keeton, PE MAX Project Manager City of Fort Collins — Engineering Dept 281 N. College Ave. Fort Collins, CO 80524 RE: MAX Bus Rapid Transit Project - Independent Cost Analysis — Fairway Intersection Traffic Signal Design Interwest Consulting was requested to provide the City of Fort Collins with an estimate to design a new signal at the Fairway/College intersection. Their work is through an existing Federally procured contract with the City. The scope of work includes topographic survey, traffic signal design, and delivery of a draft and final plans. The design will take 6-7 weeks from work order execution to delivery. To perform the independent estimate check of this change request, Ditesco estimated the design fee using rates and hours from projects of similar size and scope. Costs analyzed were comparable in total price to those provided in Interwest's estimate of design fee (attached). Our independent cost estimate resulted in a total estimated cost of $12,638.00. The documents reviewed included contractor supplied work order for design, Interwest's subcontractor cost proposal, and Interwest's standing Professional Service Agreement. Overhead and profit are understood to be included in the hourly unit rates. I find the proposed work order for the design in the amount of $13,450.00 to be reasonable for the design scope. As such, I recommend execution of this work order. Aeith Meyer E Constructio Project Manager CH2M HILL Team 970-988-8605 keith.mever(@ditescosery ices. com Cc: job file Page 1 of 2 Change Management Checklist Category.Compliance e. Reviewed for compliance with FONSI page 12; signal at Environmental Assessment 11/12/12 Fairway/College required in KM selected Build Alternative Reviewed for construction/safety impacts 11/12/12 Design contract; no construction KM issues reviewed Independent cost estimate prepared 11/12/12 As attached to this memo KM Reviewed for PCGA grant compliance 11/12/12 Required of Build Alternative KM All work in SH287 right of way; Reviewed for real estate impacts/needs 11/12/12 CDOT review and approval KM required Reviewed for compliance with design Chapter 4; Accessible Routes criteria/ADA htto://www.access-board.gov/ada-aba/ada- 11/12/12 Ramps provided at 2 corners of intersection; possibly more KM standards-dot.cfm pending design work Page 2 of 2 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND INTERWEST CONSULTING GROUP INC. DATED: 7-27-12 Work Order Number: Purchase Order Number: Project Title: 7392 CIVIL ENGINEERING, DESIGN, DRAFTING & SURVEY SERVICES ON -CALL Fairway and College Signal Commencement Date: 11-21-12 Completion Date: 2-1-13 Maximum Fee: (time and reimbursable direct costs): Project Description: SEEATTACHED Scope of Services: SEE ATTACHED City P.M. 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. $13,450 Professional: I nterwest By: Date: 11116112 The attached forms consisting of TWO (2) pages are hereby accepted and incorporated herein, by City of Fort Collins this reference, and Notice to Proceed is hereby given. By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management (over $60,000.00) Date: RFP 7392 Civil Engineering, Design, Drafting & Survey Services On -Call November 16, 2012 Ms. Erika Keeton, PE City of Fort Collins Engineering PO Box 580 Fort Collins, CO 80522-0580 Fairway and College Signal Design Project Description and Scope of Services Dear Erika, Attached is the project scope and description: Description INTERWEST CONSULTING GROUP I Interwest, King Surveyors and Fox Tuttle will provide civil engineering services for the design of a new traffic signal at Fairway Lane and South College Avenue. The signal will be installed by the City. Scope of Services Survey — King Surveyors will provide an existing features survey of the intersection. Private Utility Locates will be provided as a part of this task. This will not include full topography, rather it will show surface features, striping and utility markings. King will also insert platted right of way lines into the drawing. If titlework is necessary to determine right of way, it will be provided by the City. Estimated Fee: $3,500 Utility Potholes — Colorado Utility Finders will provide an estimated eight (8) potholes in the proposed signal locations and one day of traffic control. Estimated Fee: $2,800 Traffic Signal Design - The Fox Tuttle Transportation Group proposes to furnish the transportation engineering, planning, and related technical services necessary to complete this project. The services to be provided are described in the following tasks: A. Coordinate/meet with City of Fort Collins staff to verify controller specifications, pole and pull -box locations, signal system interconnect details, detection equipment details, conduit layout, mast arm lengths, power source, and other project specific requirements. B. Obtain the AutoCAD base plans from Interwest (including the proposed project survey). The plans should include all applicable existing underground and overhead utilities, utility boxes, street lighting, topography, structures, roadways, sidewalks, curb ramps, and pavement markings. C. Develop draft signal plan set per CDOT standard plans and specifications except as modified by City Traffic Operations Staff. The plans will include all traffic signal equipment and proposed signal phasing diagrams, including locations and quantities for the following: ■ Signal poles and caissons ■ Mast arm lengths • Controller cabinet and signal controller • Pull boxes • Conduits 1218 W. ASH, STE. C, WINDSOR, COLORADO 80550 TEL. 970.674.3300— FAX 970.674.3303 • Signalheads • Detection devices ■ Preemption devices ■ Ped push buttons and signal indications ■ Connection to power source, including conduit needs • Pedestal poles (if needed) • Intersection street lighting • Signal system interconnects • Overhead (mast -arm) signing D. Based on comments received by City staff, Fox Tuttle will revise the draft plans and submit a final plan. Final plan will be submitted both in hardcopy and electronic (AutoCAD and PDF) format. E. Provide as -built plans with any changes/revisions made during construction (if survey is required, it will be provided by the City or as an addendum). Estimated Fee: $6,000 Interwest Coordination — With three separate subconsultants, there will be a coordination effort along with general project administration by Interwest staff. The fee below accounts for the time anticipated for this task. Estimated Fee: $900 Reimbursables- for prints, mileage, and deliveries, etc.. Estimated Fee: $250 Assumptions- 1. The plans will be prepared for construction by the City only and will not be bid. 2. No sidewalk or other roadway design is included —all existing features will remain. 3. Environmental, structural, electrical (photometric), and geotechnical engineering provided by others. Schedule We would anticipate approximately 3 weeks to complete the survey and then 3-4 weeks after that for document preparation. Please call me at 970-631-2671 if you have any questions or need any additional information. Thanks, Michael Oberlander, PE