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HomeMy WebLinkAboutCORRESPONDENCE - BID - 9008 HOFFMAN MILL FUEL SITE (3)OPERATION SERVICES Project Management, Planning & Design 300 LaPorte Avenue P.O. Box 580 Fort Collins, CO 80522-0580 970.221.6610 970.221.6534 - fax Change Order Form PROJECT TITLE: Hoffman Mill Fuel Site PROJECT NUMBER: PR-600182 CONTRACTOR: CGRS, Inc. CHANGE ORDER NUMBER: 3 In preparing change orders show in order as separate numbered paragraphs the following: 1. Reason for change 2. Description of change 3. Change in contract cost 4. Change in contract time. 1&2 See attached sheet for detail. 3 The contract cost will be effected, see the attached sheet for change order cost details. ORIGINAL CONTRACT COST $615,307.00 TOTAL APPROVED CHANGE ORDERS $30,938.05 TOTAL PENDING CHANGE ORDERS $0.00 TOTAL THIS CHANGE ORDER $681.64 TOTAL % OF THIS CHANGE ORDER 0.11% TOTAL C.O. % OF ORIGINAL CONTRACT 5.14% ADJUSTED CONTRACT COST $646,926.69 (Assuming all change orders approved) ACCEPTED BY: ______________________________________________________ DATE: ______________ (Contractor's Representative) REVIEWED BY: ______________________________________________________ DATE: ______________ (City of Ft. Collins) APPROVED BY: ______________________________________________________ DATE: ______________ (Purchasing Agent over $60,000) cc: Contractor Purchasing Project File 4 There will be a change in contract time, see the attached sheet for details. Drew Higgins, Project Manager 7/1/2020 Blake Visser - Sr. Facilities Project Manager 07/01/2020 1. Reason for change 2. Description of change COR #16 was approved by City PM. Values and dates are to be incorporated into the contract. See the attached Approved COR backup. 3. Change in contract cost COR #16: $681.64 COR #18: $0.00 TOTAL this CO: $681.64 4. Change in contract time. Hoffman Mill Fuel Site - CGRS Change Order #3 COR #18 adds 30 days to the contract for $0.00. COR #18: Requested time to extend contract by an additional 30 days from the last time extension request. Extended time is needed to complete work items caused by damage done from adjacent City property, stormwater runoff. $0.00 for additional General Conditions. New Substantial completion date: Complete, Substantial Completion was issued 06/03/2020. New Final Acceptance date : 08/03/2020 COR #18 was approved by City PM. Values and dates are to be incorporated into the contract. COR #16: Required changes from Shane Armfield. This change allows City Fleet Services to check the tanks for water in another way. COR #18 also adds the Fuelmaster AIM 2 device to the system. This was always intended to be included but failed to make it into the scope of work when the project was bid. COR #16 adds 0 days to the contract. PROJECT NAME & ADDRESS CHANGE ORDER INFORMATION: Change Order Number: 16 Date: 6/17/2020 CONTRACTOR NAME AND ADDRESS: CGRS, Inc. 1301 Academy Court Fort Collins, CO 80524 Aim Puck and Cam Lock for Water Testing TOTAL Husky nozzle AIM puck Cam lock and pipe fittings AIM Installation Labor 1 guy, 1.5 hrs, 85/ hour Cam Lock Installatio Labor 1 guy, 3 hrs, 85/ hour CGRS FEE NOT VALID UNTIL SIGNED CGRS, Inc. CUSTOMER (Firm Name ) CONTRACTOR (Firm Name) SIGNATURE SIGNATURE Drew Higgins, Project Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE 6/17/2020 DATE DATE $ 681.64 $ 95.00 $ 255.00 $ 88.91 $ 115.23 $ 127.50 CHANGE ORDER REQUEST Hoffman Mill Fuel Site 1380 Hoffman Mill Road, Fort Collins, CO City of Fort Collins - Operation Services Blake Visser Sr. Facilities Project Manager 06/17/2020 PAGE NO. SHIP TO: BILL TO: QUOTE NUMBER FRT. SHIPPED ORDER DATE TAKER CUSTOMER P.O. NO. QUOTE NUMBER DATE INSTRUCTIONS ORDERED B.O./RET. QUANTITY DISP. ITEM CODE AND DESCRIPTION U/M MULT. UNIT PRICE AMOUNT PAYMENT REC'D. FREIGHT IN FREIGHT OUT SUB TOTAL MISC. CHARGE TELE. CHARGE FREIGHT TOTAL FED./OTHER TAX * - STATE TAX APPLICABLE # - FED./OTHER TAX APPLICABLE + - STATE & FEDERAL TAX APPL. B - BALANCE BACK ORDERED ****SEE ATTACHED TERMS & CONDITIONS WHICH ARE PART OF THIS QUOTATION**** CODE EXPLANATION C - CONSIDER COMPLETE D - DIRECT SHIPMENT F - FACTORY MINIMUM rt - RETURNED CYL. SLSMN. CUSTOMER P.O. NUMBER TAX Customer Signature Sales Rep Signature 1033681-0000-01 02635 CGRS, INC CGRS, INC. 1301 ACADEMY CT. 1301 ACADEMY COURT FORT COLLINS CO 80524 FT. COLLINS CO 80522 NOZZLE TAG ***QUOTATION******QUOTATION******QUOTATION******QUOTATION******QUOTATION*** 1033681-0000-01 1051 06/17/20 1085 NOZZLE TAG DENVER TAX EX #: 110064146 I 1 DUPLICATE EMAIL ALL INVOICES & STATEMENTS TO: AP@CGRS.COM ****************************** THANK YOU FOR GIVING KUBAT EQUIPMENT AND SERVICE COMPANY THE OPPURTUNITY TO QUOTE THE FOLLOWING SCOPE OF WORK: ------------------------------ NOTE: QUOTE IS FOR EQUIPMENT ONLY, NO INSTALLATION OR START UP IS INCLUDED......... ------------------------------ NOTE: EQUIPMENT WILL BE PAGE NO. SHIP TO: BILL TO: QUOTE NUMBER FRT. SHIPPED ORDER DATE TAKER CUSTOMER P.O. NO. QUOTE NUMBER DATE INSTRUCTIONS ORDERED B.O./RET. QUANTITY DISP. ITEM CODE AND DESCRIPTION U/M MULT. UNIT PRICE AMOUNT PAYMENT REC'D. FREIGHT IN FREIGHT OUT SUB TOTAL MISC. CHARGE TELE. CHARGE FREIGHT TOTAL FED./OTHER TAX * - STATE TAX APPLICABLE # - FED./OTHER TAX APPLICABLE + - STATE & FEDERAL TAX APPL. B - BALANCE BACK ORDERED ****SEE ATTACHED TERMS & CONDITIONS WHICH ARE PART OF THIS QUOTATION**** CODE EXPLANATION C - CONSIDER COMPLETE D - DIRECT SHIPMENT F - FACTORY MINIMUM rt - RETURNED CYL. SLSMN. CUSTOMER P.O. NUMBER TAX Customer Signature Sales Rep Signature 1033681-0000-01 02635 CGRS, INC CGRS, INC. 1301 ACADEMY CT. 1301 ACADEMY COURT FORT COLLINS CO 80524 FT. COLLINS CO 80522 NOZZLE TAG ***QUOTATION******QUOTATION******QUOTATION******QUOTATION******QUOTATION*** 1033681-0000-01 1051 06/17/20 1085 NOZZLE TAG DENVER TAX EX #: 110064146 I 2 DUPLICATE 1 *NOZZLE TAG EA 95.00 95.00 -NOZZLE BRAND AND TYPE WILL BE REQUIRED BEFORE ORDERING- 95.00 0.00 0.00 0.00 TOTAL AMOUNT DUE 95.00 TERMS AND CONDITIONS 1. Acceptance. This proposal, when accepted by the Buyer within the period set out in this contract, will constitute a bona fide contract between us. It is agreed that there are no promises, agreements or understandings, oral or written, that are not specified in this agreement. No waiver, alteration or modification of the terms and conditions of this contract shall be binding unless in writing and signed by the Seller. 2. Prices. Prices quoted are for acceptance within 60 days and, unless otherwise specified, are subject to change or withdrawal without notice after that date. Prices quoted are subject to adjustment to manufacturer's published list prices in effect at date of shipment unless specifically waived by quotation. Acceptance by mail shall be effective as an acceptance only when actually received by the Seller. 3. Change Orders. Any change to the scope of work set forth in the contract must be agreed to by both parties in writing. The cost for change orders is additional to the contract price. 4. Related Work. Labor, materials and outside services for electrical, blacktop, water and sewer work are not included in this contract unless specified. Anchors, foundations and Cathodic protection are not included in this contract unless specified. If concrete slab is placed and finished under this contract, the Seller is not responsible for the slab if not protected from traffic by the Buyer for 7 days. Tank hold-downs and anchors may be required if ground water or a flood plain exists and will require additional expense. SPCC plans if required are the responsibility of the owner. Registration of Tanks is the responsibility of the owner. 5. Delivery. Delivery promises are contingent upon fires, strikes, accidents, lockout, work stoppages, war, riot, availability of materials, acts of God, governmental action or regulation, and other causes beyond the Seller's control. The Seller shall have no liability for any delay, failure to deliver, loss or damage which might result therefrom. The Seller will endeavor to maintain schedules, but can not guarantee to do so. Time for delivery shall not be of the essence of this contract. The Seller is not liable for any loss or damages resulting from delay, howsoever caused or occasioned. Delivery, unless otherwise specified, does not include unloading. The Buyer shall make a storage area available to the Seller. Any necessary relocation of equipment or installation materials from this designated area will be at the Buyer's expense. The F.O.B. point will determine the responsibility for filling out necessary claim forms for carrier damaged equipment. Claims will be handled according to the I.C.C./D.O.T. common carrier agreements and are not necessarily handled by Seller. 6. Delays. Any delay in the progress of the work not caused by Seller or its subcontractors will result in an additional charge to the Buyer. 7. Terms. Payment terms are Net 15 days from the date of Seller's invoice. A deposit may be required on all installation contracts. The Seller may require progress payments covering the cost of materials and the cost of labor. The cost of labor will be predicated upon the percentage of completion of the contract. The Buyer will be sent an invoice for the value of materials stored and/or for the value of work completed. The Buyer shall pay for the same within 15 days. 8. Interest and Attorneys' Fees. The Buyer agrees to pay interest at the rate of 1.5% per month on all sums owed to Seller. The Buyer agrees to pay the Seller's reasonable attorneys' fees and court costs incurred in collecting any sums due from Buyer and/or in enforcing any of the terms of this agreement. 9. Installation - Warranty. It is understood that the buyer shall provide the Seller with full access to the job site and the installation location during the installation period, and the Seller shall not be responsible for delays caused by the Buyer's failure to provide such access. The Seller shall perform all the work for the installation of the equipment and materials covered by this contract in a good and workmanlike manner in accordance with Seller's normal procedures, and Seller warrants that its installation will be free from defects for a period of one (1) year from the date of substantial completion of the installation. Buyer's remedy shall be limited to the repair and/or replacement of the defective workmanship. Seller's liability for installation is governed by the terms of this express warranty and shall not include any claim based on strict liability, negligence, breach of warranty or any other theory of liability. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. It is understood that the Buyer has submitted no specifications regarding the manner of the performance of this contract, unless otherwise specified in this contract. 10. Equipment - Warranty. SELLER MAKES NO REPRESENTATION OR WARRANTY EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE EQUIPMENT AND MATERIALS SOLD UNDER THIS CONTRACT AND SELLER SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. To the extent permitted by the terms of any agreements with the manufacturer, Seller hereby assigns to Buyer all manufacturer warranties express or implied, issued on or applicable to the equipment and materials sold under this contract. 11. Limitation Period. No action, lawsuit, claim or proceeding, regardless of the theory, nature or form, in anyway arising out of the transactions under this contract may be brought by Buyer more than one (1) year after the cause of action has accrued. 12. Excavating. Excavation quotations are based on normal soil conditions. In the event any underground structures, cables, conduit, debris, rock, shale, water, running sand, concrete structures, poles, utilities, manholes, or similar non-visible obstructions are encountered, destroyed or damaged during the performance of the contract the Seller shall not be held responsible. In case of winter work, frost removal is not included unless specified in this contract. Should any non-visible obstructions or unforeseen underground conditions be encountered, removed or destroyed, and if additional work is necessary to either preserve or destroy these unforeseen obstacles and complete the excavation, such extra work shall be at the Buyer's expense. Mechanical compaction of backfill is not included in the contract unless specified. Finished grades are to be established and verified by the Buyer. This expense shall in no case exceed the existing rate scale for labor and materials had the quotation been based on labor and materials. If it becomes necessary for Seller to abandon the site of excavation, any expense incurred for work performed shall be borne by Buyer. PROJECT NAME & ADDRESS CHANGE ORDER INFORMATION: Change Order Number: 18 Date: 6/29/2020 CONTRACTOR NAME AND ADDRESS: CGRS, Inc. 1301 Academy Court Fort Collins, CO 80524 Extension of final completion date TOTAL New Final Completion Date - 08/03/2020 NOT VALID UNTIL SIGNED CGRS, Inc. CUSTOMER (Firm Name ) CONTRACTOR (Firm Name) SIGNATURE SIGNATURE Drew Higgins, Project Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE 6/29/2020 DATE DATE $ - CHANGE ORDER REQUEST Hoffman Mill Fuel Site 1380 Hoffman Mill Road, Fort Collins, CO City of Fort Collins - Operation Services Blake Visser Sr. Facilities Project Manager 06/30/2020 0.00 13. Floating Tanks. The Buyer will be responsible for filling all underground storage tanks with product for ballast immediately upon setting tanks in excavations. The Seller shall notify the Buyer when product will be needed. The Seller shall not be responsible for contamination or loss of product used for ballast. In the event the tank is not filled as requested, the Buyer accepts responsibility for damage that may occur from tanks floating because of underground water or run off water resulting from weather, and accepts the expense for equipment, labor and materials to reinstall tank. 14. Special Fees. Unless otherwise stated, no provision is made on this contract for special fees, permits licenses, etc. If Seller is requested to furnish same, such charges will be added to the contract price. The Buyer shall furnish all surveys necessary for proper installation. Easements for permanent structures of permanent changes in existing facilities shall be secured and paid for by the Buyer. 15. Indemnity Clause. The Buyer agrees to hold the Seller safe and harmless against all loss and from all liability, claims, demands or suits for: (a) bodily injury and/or property damage arising out of the work undertaken by Seller, its employees, agents and/or subcontractors, and arising out of any other operation, no matter by whom, performed for and on behalf of the Buyer, whether or not due in whole or in part to conditions, acts or omissions done or permitted by Buyer or Seller, except for such liability as is covered by the Seller's Workmen's Compensation insurance, and (b) alleged or actual infringement of any letters patent, copyrights or trademarks, either domestic or foreign, arising from the manufacture and/or sale of goods herein in accordance with patterns, designs, specifications, drawings, directions, or technical information or data furnished to the Seller by the Buyer. 16. Title and Risk of Loss. Full risk of loss including transportation delays and losses shall pass to Buyer upon delivery of equipment and/or materials to the F.O.B. point. Title to and the right to possess each item of equipment are and shall remain vested in Seller until the buyer pays the entire purchase price. In the event the Buyer does not promptly pay any monies due to Seller, or in the event the Buyer's credit or financial responsibility becomes impaired or unsatisfactory (as the Seller may reasonably determine), or in the event the Buyer fails to perform any condition or obligation of this contract, then the Seller may, at its election, demand immediate payment in cash before making delivery, or suspend delivery until receiving adequate assurance that it will be paid, in each event without notice and without any liability whatsoever to the Buyer. The Buyer shall maintain term fire, theft and other casualty insurance including vandalism during the installation in amounts necessary to cover any losses resulting to the Seller for any losses or damage at the job site to Seller's construction equipment or the equipment to be installed pursuant to this contract, except for such loss or damage which is caused by the Seller's employees or agents. It is specifically understood that the Buyer shall be responsible for any such loss or damage which is not caused by the Seller, its employees or agents. 17. Taxes. No Federal, State or local taxes are included in this contract unless specifically so stated, and will be extra if applicable. 18. Governing Law/Jurisdiction. This contract and the dealings between the Buyer and Seller are to be governed by the law of the Sate of Colorado. Exclusive jurisdiction and venue for any action to enforce or interpret any of the terms of this contract, or to litigate any claim arising from the dealings of the Buyer and Seller, shall be the state district court for the City and County of Denver, State of Colorado. 19. Waiver of Jury Trial. To the maximum extent permitted by law, Buyer and Seller hereby mutually waive any and all rights that they may have to trial by jury, and agree that any dispute shall be tried to a judge. 20. Errors. Stenographic, clerical, typographical and mathematical errors made be Seller on quotations, acknowledgements or invoices are subject to correction. 21. Pollution Clause. This contract does not include the cost of removal, hauling or disposal of polluted or contaminated soil or materials unless specifically stated in the contract. DROPPED SHIPPED TO CGRS IN FT COLLINS AND FREIGHT FOR SHIPPING WILL BE INCLUDED TO THE FINAL BILL PRIOR TO INVOICING..................... ****************************** CONTINUED