HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9103706Fort Collins
Date: 11/26/2012
PURCHASE ORDER
PO Number Page
9103706 1of2
This number must appear
on all invoices, packing
slips and labels.
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: 07/16/2010
Buyer:
JOHN STEPHEN
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
2 Addendum to PO 9103706
1 LOT
EA
1,282,715.00
For City of Fort Collins Engineering Department staff services
as required
for the MAX BRT project.
Total
$1,282,715.00
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
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 Fan 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 Smmtes 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 wmmnties 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
.,at modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the lemrs
Inspection. GOODS are subject to the City of Fan 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 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 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 he F.O.B., City of For Collins, 700 Wood St., Fan 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 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 If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and roles of the sate, 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, roles
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 forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is 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 ofportial late deliveries, shall operate u a waiver of this 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 acts ref God, acts ofcivil or military authorities, govemmenml priorities, fires, strikes, flood, epidemics, was or
riots provided that notice of the conditions causing such delay is given to the Purchaser within f %e (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 reamn of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of 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 a0er the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished 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 TERNIS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
Ile Purchaser may make any changes to the terms, other Jan legal mmrs, 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 offects 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 that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
Portion of the goods and/or work, for incidental or coreagicatial 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 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 wrimm consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted tine to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims 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 perionnance ofsuch work.
This release shall apply even in the event of fault of negligence of the puny released and shall extend to the
directors, officers and employees ofsuch parry.
The Sellers contractual obligations, including womanly, 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.
Rlenever the Seller is required to use any design, device, material or process covered by letter, patent, tmdemark
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 ofsuch
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the Use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or puns, 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.
I& GOVERNING LAW.
The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be
construed under and governed by the laws ofthe Stale of Colorado, USA.
The fallowing 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 Scller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are 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 famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least 5300,000 for any one person, 5500,000 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 the Sellers or 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 date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser mad 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 pan of the Seller, any of his
contmetam, or any of the Sellers or contractors atLcers, agents or employees. In cue 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, attomeys 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 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 immll all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 032010
John Stephen
From:
Jim O'Neill
Sent:
Wednesday, November 21, 2012 4:52 PM
To:
Erika Keeton; Sandy O'Brien
Cc:
John Stephen; Kari Craven
Subject:
RE: Addendum to PO 9103706
I'm ok with this. Thanks. Jim
-----Original Message -----
From: Erika Keeton
Sent: Wednesday, November 21, 2012 4:51 PM
To: Jim O'Neill; Sandy O'Brien
Cc: John Stephen; Kari Craven
Subject: Addendum to PO 9103706
Jim, please find attached a request for an addendum for Engineering staff performing work on the MAX project.
The ICE is also included. Please let me know if you need any additional information.
-----Original Message -----
From: ENG-Xerox7120 jmaiIto: ENG-Xerox7120(a)fcgov.com]
Sent: Wednesday, November 21, 2012 4:40 PM
To: Erika Keeton
Subject: Scan from Engineering
Please open the attached document
Attachment File Type: PDF
City of
Fort Coltins
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. con engineering
To: Jim O'Neil, Director of Purchasing and Risk Management
From: Erika Keeton, Special Projects
Date: November 21, 2012
Re: MAX BRT — Addendum Request P09103706
City of Fort Collins Engineering Department
Pre -Construction and Construction Phase Services
The Project Team requires a continuation of services from the City of Fort Collins Engineering
Department and is requesting an addendum to PO 9103706 in the amount $1,282,715.00. The
City of Fort Collins Engineering Department will be utilized for the pre -construction and
construction management related activities required for the MAX BRT project. The City's
Engineering Department should be utilized for this particular work effort as it would be less cost
effective to bring a consultant up to speed to perform this work as the City's Engineering
Department has been engaged in the project since inception. As the City is a public agency, there
are low overhead costs and the City is ultimately responsible for the maintenance of the
infrastructure and public safety.
This request includes work that has already taken place during pre -construction related activities,
construction services moving forward per the construction schedule, and post -construction
phasing for project closeout. The work completed by the Engineering Department during the
pre -construction phases included overseeing relocation of utilities to remove conflicts with the
proposed guideway and drainage system, installation of conduit system that houses electrical
components of the guideway, and coordination with City Departments (Light and Power, MIS,
Utilities, Streets, and Traffic), BNSF, FEMA, Public Utilities Commission, and Fort Collins -
Loveland Water District for various project aspects. This preliminary work was critical in
keeping the MAX BRT project on schedule and reducing delays due to conflicts or issues. In
July 2012, the City of Fort Collins Engineering department moved into the Construction Phase
with project completion scheduled for April of 2014. The ICE was estimated using the current
construction schedule and approximately 2 additional months for project closeout and City staff
hourly rates. Future requests to supplement this budget are possible, and would only arise due to
unforeseen delays of the construction schedule, or additional time for project closeout which
would be beyond the control of the Engineering Department.
I believe the requested amount of $1,282,715.00 is reasonable and I recommend approval of this
addendum.
Cayof
Forte
Date of Estimate: 21-Nov-12
Contract Type: T&M
Existing Contract or PO (YIN): Y
Independent Cost Estimate
Description of Goods (A) or Services (B): B
Work shall consist of Professional Engineering, Inspection and Administrative services provided by the City of Fort Collins
Engineering department for pre -construction and construction services. Refer to attached for breakdown of hours per employee
to supplement this ICE.
I have obtained the following estimate from;
Published Price List / Past Pricing (date)
Engineering or Techincal Estimate (performed by) Erika Keeton
Independent Third Party Estimate (performed by)
Other (specify)
Signature of Prep2rrr
Cost Estimate Details:
(Estimale calculated in US Doiiam)
Cnst of Standard Items
Product
Cost ($lea)
Cost ($lea)
Notes/Data Source
Delivered
No Frieght
Total
Cost of Services, Repairs; or Non -Standard Items
Itemfiask:
Materials or Work Description
Other Direct
Costs
Labor
Rate ($)
Labor
Hours
Labor
Class
Allocated.
Overhead
SG&A'
Profit
TOTAL
City Engineer
$ 65.00
720
46,800.00
Project Manager
$ 60.00
3897
$ 233,820.00
Construction Manager
$ 45.00
3897
$ 175,365.00
Senior Inspector
$ 45.00
1516
$ 68,197.50
Senior Inspector
$ 45.00
5629
$ 253,305.00
Inspector
$ 35.00
6062
$� 212,170.00
Inspector
$ 35.00
7145
1
1
1 $ 250,057.50
Administrative Services
$ 25.00
1720
$ 43,000.00
otaI
17282, T1 TWO
aeunp, c:eromi am roimcwuw cgwroea
Independent Cost Estimate: City Engineering Staffing needs for MAX ORT Project
MAX Project Construction Management and Administrative
. c, M - ':c
a
r a
Organtra0m�,
S�).��a 1kcmnT, c'1"A")rixx.rar�.lyba'r'cr UNION—`
a`1i�4,� *'m.ResPansmNtY ..> ^`€s
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t • a.,.
WIN
l
Duratlm
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'r-? _ ..:....: ,„t..l.::.+
a
R4•>`,'.nlirlW?YIAeu.J
gr ,rys .a , ,, ...
.�rnr { .v a .x?y..d'.n.<-..,.acr`;.�.. ...'4.` �^. I
,,y �• ,#tag ,xs k
A�' S� .:. ,� sa' .i.'i°.t•`.e m � � '
4}�.Mmih>^�•'-
(Manth� )
Hour`:,
Total
� ?4`a�, �fi!
CI E ineer
N
COFC
Natal m res sable
p Po PAY
Time lndutled In estimate is 10 LoursMeek for 16 moms per construction schedde anO
40
78
5 65
S 46.800.00
2 months for pmject cbseoN. Jaru y 20131hotgh June 2014
Assistant to City Engineer, worddwtes all construction and admlrislratWe related
CI ry Project Manager
COFC
actMtles. Coordmallon Win auup side agencies; public groups;
Time lncodw In estimate for 50 rnhwek 16 months per wretmction schedde and
216.5
78
E GO
5 233.820.00
ConcimGm la n manageeN w mutant oversigN
nu
mortis far proect cos wul, January 20130votgun h June 2014
DRT Co nsmrction M onager
COFC
Assists CM with M consimction and adminstrotive related activities
Time lwhged In estimate for 50 nsMeek 16 monts per wnsimRion schedue end 2
moldls for pmject coswul, January 2013 though Jwe 2014
2165
18
$ 45
S 175,365,00
Senor Inspector
COFC/Concoct
Field Inspection
•August 2011 tmtgh Fcbmmy 2012, 50 Wtweek
216.5
7
S 45
$ 68.197.50
Seriorinspeclor
COFC/Conract
Reid Inspection
'Aphl 2012 ltrough Jena 2014, 501rstweek 24 months for pre�constulion,
216.5
26
$ 45
S 253.305.00
wnstutlon related activities and 2 months closeout
Inspector
COFC/Contract
Field Inspection
p
w 'FnWry 20121hmtgh Jule2014, 50 hsNmek mortis w 26 s for pre-nstructon
216.5
28
S 35
S 212,170,00
wreirwionreoted activities and 2 months coswM
Inspector
COFC/Corbett
Field Inspection
'Septennber20110rough June 2014. 50 hstweek 31 mon0s forpre mtndion,
216.5
33
$ 35
S 250,057.50
wnsmuc ion related activities and 2 months coswu
Administrative Support
COFC
Slpporl management staff and field staff w1h adminslracapon
tives
' November 2012 through June 2014. 201rshveek 20 mon6s for oenstnxdion related
actiN6es and 2 monfls coswu
86
20
S 25
5 43.000.00
'Start dales for inspectors based on date hired Total E 1,282,715
••Adminstradve Assistant start date based on start of construction