HomeMy WebLinkAboutWORK ORDER - PURCHASE ORDER - 9125178EXHIBIT "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
RADIANT PARK CONSTRUCTION AND POST CONSTRUCTION SERVICES
Commencement Date: 8-1-12
Completion Date: 3-1-13
Maximum Fee: (time and relmbursable direct costs): $18,800
Project Description: SEEATTACHED
Scope of Services: SEE ATTACHED
City P.M. Acceptance
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.
Professional: I nterwest
& J-10a-P v4A__�,
By:
Date: 8-3-12
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
PERFORMANCE BOND
KNOW ALL PEOPLE BY THESE PRESENTS:
Bond No. 014062540
That we, the undersigned, Sturgeon Electric Company, .Inc.
as Principal,and Liberty Mutual Insurance Company
a corporation organized and existing under and by virtue of the laws of the State of
Massachusetts and duly authorized to transact business in the State of Colorado,
- as Surety, are held and firmly bound unto the Cities of Loveland and For; Collins, Colorado,
— hereinafterreferredto as the Owner, -in -the -penal -sum of -Three Hundred -Seventy -Three -
Thousand, Four Hundred Ninety -Six dollars and Ten cents ($373,496.10), lawful money of
-the United States of America, for the payment of which well and truly to be made the said
Principal and the said Surety do hereby bind ourselves, our heirs, executors, adm nistrators,
successors and assi ns, joind aitd.severall fimil b tbeS -resents, ns ollows: - -
- _ g Y Y•. Y._Y P
The condition of the above obligation is such that:
--- WHEREAS, the said Principal has entered into a written contract with the Cities of
Loveland and Fort Collins, for improvements to Fort Collins -Loveland Municipal Airport
2012 Airport Improvements, Install Runway Weather Information System (RWIS), in
conformity with the Drawings, Plans, General and Special Provisions, and Specifications
- prepared by CH2M HILL of Englewood, Colorado, which Contract, Drawings, Plans,
General and Special Provisions, and Specifications arc hereby referred to and made a pan
- - hereof, the same to all intents and purposes as if written at length herein, in which contract
--- - - - the said Principal has contracted to perform the work specified in said contract -in accordance
with the terms hereof;
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that if
- '- - the above bonded Principal shall well, truly, and faithfully perform said contract and any
alterations in and additions thereto and comply with all of the terms and provisions thereof
except that no change will be made which increases the total contract price by more than
-- - 23 percent in excess of the original contract price without notice to the Surety, then this
obligation to be void, otherwise to remain in full force and virtue, and comply; and shall fully
indemnify and save harmless the Owner from all damages, claims, demands, expense and
- - - - - charge of every kind (including claims of patent infringement) arising from any act,
omission, or neglect of said Principal, his/her agents, or employees with relation to said
work; and shall fully reimburse and repay to the Owner all costs, damages, and expenses
which they may incur in making good any default based upon the failure of the Principal to
fulfill his/her obligation to furnish maintenance, repairs or replacements for the full
guarantee period provided in the specification contained herein then this obligation shall be
--- - null and void, otherwise it shall remain in full force and effect.
_ Further conditions of the foregoing obligations are such that the Principal and Surety
will guarantee the work performed under this Contract against defects in workmanship
XII- t PERPORT.IANCE BOND
performed by the Principal and all defects in materials furnished by him/hcr which appear
within a period of one calendar year after the final acceptance of the work by the Owner.
Under this guarantee, the Principal and Surety shall repair or replace all defective
workmanship and material provided by the Principal appearing within 1 year after the
completion and acceptance of the work, at no cost to the Owner.
PROVIDED FURTHER, that the Surety, for value received, hcrcbq stipulates and
agrees that no change, extension of time, alteration, or addition to the terms of the Contract
or to the work to be performed there under, or Lite specifications accompanying the some
shall in any way affect its obligaiions of this bond, and it does hereby waive notice of any
such change, extension of time, alteration, or addition to the terns of the Contract or to the
work, or the specifications.
IN WITNESS WHEREOF, said Principal and Surety have set their hands and seals at
—Henderson,-CO-and --- --
-- --- Indianapolis, IN : , this - 13th day of September , 1012, A.D.
Sturgeon. EleC tric. Comp any, Inc.
-- -'--- -; (Accompany this bond with Attorney-In-Fact's authority from the Surety to execute bond,
certified to include the date of the bond.)
END OF SECTION
X11 2 PERFORMANCE BOND
PAYMENT BOND
Bond No. 014062540
KNOW ALL PEOPLE BY THESE PRESENT'S:
That we, the undersigned, Sturgeon Electric Company, Inc.
as Principal, and Liberty Mutual insurance Company
a corporation organized and existing under and by vinue of the laws of the State of
Massachusetts and duly authorized to transact business in the State of Colorado,
- as Surety, are held and firmly bound unto the Cities of Loveland and Fon Collins, Colorado,
- _ hereinafter referred to as the Owner, in the penal stint of Three Hundred Seventy -Three
THousand.FourHundred Ninety -Six dollars and Ten cents (S373,496.10), lawful money of "
-- -- -- - - --- --- --- --the United States of America, for the payment of which well and truly to be made the said
---= - - - -- ---- Principal and the said Surety do hereby bind ourselves, our heirs, executors, administrators,
- -successors and assigns, jointly and severally, firmly by these presents, as follows:
The condition of the above obligation is such that:
WHEREAS, the said Principal has entered into a written contract with the Cities of Loveland
and -Fort Collins, for improvements to Fort Callins-Loveland Municipal Airpon 2012 Airport
- Improvements, Install Runway Weather Information System (RWIS), in conformity with the
- - _ Drawings,.Plans, General and Special Provisions, and Specifications prepared by
---- ---CH21M.HILL of Englewood, Colorado, which contract, drawings, plans, General and Special
Provisions, and specifications are hereby referred to and made a part hereof, the same to all
_intents and purposes as if written at length herein, in which contract the said Principal has
contracted to perform the work specified in said contract in accordance with the terms
hereof;
NOW THEREFORE, THE CONDITIONS OF THE OBLIGATION are such that if
the above Principal shall well, truly, and faithfully satisfy all claims and demands incurred by
-- the Principal in the performance of said contract and any additions thereto, except that no
change will be made which increases the total contract price by more than 25 percent in
--- ... excess of -the original contract price without notice to the Surety, then this obligation to be
void, otherwise to remain in full force and virtue, and comply: and Shull satisfy all claims and
demands incurred in the performance of said contract and shall fully indemnify and save
harmless the Owner from all damages, claims, demands, expense and charge of every kind
(including claims of patent infringement) arising from any act, omission, or neglect of said
Principal; his/her agents, or employees with relation to said work; and shall fully reimburse
- and repay to the Owner all costs, damages, and expenses which they may incur in making
good any default based upon the failure of the Principal to fulfill his/her ubligation to furnish
maintenance: repairs or replacements for the full guarantee period provided in the
specification contained herein and a condition of this bond shall be that the Contractor shall
- at all'timcs promptly make payments of all amounts lawfully due to all persons supplying or
X111-1 PAYMENT BOND
furnishing him/her or his/her subcontractors with labor and materials used or performed in
the prosecution of work provided for in the above contract, and chat the undersigned will
indemnify and save harmless the Owner for the extent of any and all payments in connection
with the carrying out of such contract, then this obligation shall be null and void, otherwise it
shall remain in full force and effect.
PROVIDED FURTHER, that if the said Contractor fails to fully pay for any labor.
materials, team hire, sustenance, provision, provender, gasoline, lubricating oils, fuels, oils,
-grease, coal, or any other supplies or materials used or consumed by said Contractor or
his/her subcontractors in performance of the work contracted to be done, the Surety will pay
the same in any amount as provided by law,
- _-- PROVIDED FURTHER, that the Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or addition to the terms of the contract or
the'specifications accompanying the same shall in any way affect its obligations of this bond,
-- - - ---::and it -does hereby waive notice of any such change, extension of time, alteration, or addition_ _
—: -- --- -- to the terms of the.contract.or to the work, or the specifications..
IN WITNESS WHEREOF, said Principal and Surety have set their hands and seals at
Henderson, CO and-
-- ---- Indianapolis, IN - 13th September this day of p ,.012, A.D. -
Sturgeon Electric Company, Inc.
13Yncipal (Contractor)
Richard S S z, Vice President_t C00
-- - ------' --- -- . Attest.
- Li-berty Mutual Insurance Company - - - --- - - - -
Surety p
one a uo ien tto ney - act % - - - -
Attest:
-- - - ---- - (Accompany this bond,wiilT-7Ct_1orney-In-Faet's authority from the Surety to execute bond,
certified to include the date of the bond.)
END OF SECTION
X011-2 PAYMENT BOND
No Text
NOTICE TO PROCEED
Date:
TO: Sturgeon Electric Company, Inc
12150 E. 112°i Ave
Henderson, CO 80640
You are hereby authorized to proceed within 10 days of this date,
with the improvements to Fort Collins -Loveland Municipal Airport, 2012 Airport
Improvements, Install Runway Weather Information System (RWIS), in accordance with the
----_-- -- Contract-Documents-and;your-Proposal-The-work-shall-begin no later than-10"days-afterthe ---_—
Notice to Proceed date. Contract Time will commence on the day work begins. You are
-- required to notify the Engineer at•least 24 hours in advance of the time actual construction -
operations will begin. - - ---- _ -- - --- -
Fort Collins - Loveland Municipal_Airport
By:
-- - - - -- Authorized Representative-
CITY OF FORT COLLINS
REQUISITION
VENDOR: Interwest Consulting Group
VENDOR #: a50179
DATE ENTERED: 9/25/2012
FOR: Radiant Park
ADDRESS: 1218 W. Ash Ste C BID #:
Windsor, CO 80550 INSTRUCTIONS:
PHONE #: 970-674-3300
FAX #: 970-674-3303
VENDOR CONTAC' Mike Oberlander
REQ
AGREEMENT FORM FOR IMPROVEMENTS TO
FORT COLLINS-LOVELAND MUNICIPAL AIRPORT
2012 AIRPORT IMPROVEMENTS
LOVELAND,COLORADO
INSTALL RUNWAY WEATHER INFORMATION SYSTEM (RWIS)
,`�
THIS AGREEMENT, made and entered into this `I day of SCOT 13,G , 2012,
by and between the Cities of Loveland and Fort Collins, hereinafter referred to as the
"Owner and Sturgeon Electric Company
Second Party, hereinafter referred to as the "Contractor".
WITNESSETH:
Article 1. STATEMENT OF THE WORK. The Contractor shall furnish all labor and
materials and perform all work for improvements to Fort Collins -Loveland Municipal
Airport, 2012 Airport Improvements: Install Runway Weather Information System (RWIS),
in strict accordance with the Issued for Construction Contract Documents, Plans, and
Specifications, prepared by CH2M HILL. The Contractor shall complete this work in
accordance with General Provision 80-1.8.
Article 2. It is hereby further agreed, that, in consideration of the faithful performance of the
work by the Contractor, the Owner shall pay the Contractor the compensation due him by
reason of said faithful performance of the work, at stated intervals and in the amounts
certified by the Engineer in accordance with the provisions of this Contract.
Article 3. It is hereby further agreed, that, in the completion of the work and its acceptance
by the Owner, all.sums due the Contractor by reason of his/her faithful completion of the
work, taking into consideration additions to or deductions from the Contract price by reason
of "Force Account" work authorized under this Contract in accordance with the provisions of
this Contract, will be paid the Contractor by the Owner after said completion and acceptance.
- — Final acceptance cannot be made by the Owner until any and all proper legal advertisements
have been made. All payments shall be made in accordance with Colorado Revised
Statute 38-26-107.
Article 4. It is hereby further agreed that any reference herein to the "Contract" shall include
all "Contract Documents" as the same are listed and described in the General Provisions,
issued in connection with the improvements to Fort Collins -Loveland Municipal Airport,
2012 Airport Improvements, Install Runway Weather Information System (RWIS), and said
- "Contract Documents" are hereby made a part of this agreement as fully as if set out at length
herein.
XI- I AGREEMENT FORM
Article 5. It is hereby further agreed that the General Provisions, and the Project Special
Provisions issued in connection with the improvements to Fort Collins -Loveland Municipal
Airport, 2012 Airport Improvements, Install Runway Weather Information System (RWIS),
are hereby made a part of this agreement as fully as if set out at length herein.
Article 6. Contract Clauses and Requirements for Construction Contracts.
A. General and Labor Clauses for All Construction Contracts and Subcontracts:
Consent to Assignment. The Contractor shall obtain the prior written consent
of the Owner to any proposed assignment of any interest in or part of this
Contract.
2. Convict Labor. No convict labor shall be employed under this contract.
3. Veteran's Preference. In the employment of labor (except in executive,
administrative, and supervisory positions), preference shall be given to
qualified individuals who have served in the military service of the United
States (as defined in Section 101 (1) of the Soldiers' and Sailors' Civil Relief
Act of 1940, as amended, 50 App. U.S.C. 511 (1)] and have been honorably
discharged from the service, except that preference may be given only where
that labor is available locally and the individual is qualified to perform the
work to which the employment relates.
4. Withholding, Owner from Contract. Whether or not payments or advances to
the Owner are withheld or suspended by the FAA, the Owner may withhold or
cause to be withheld from the Contractor so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics
employed by the Contractor or any subcontractor on the work the full amount
of wages required by this contract.
Nonpayment of Wages. If the Contractor or any subcontractor fails to pay any
laborer or mechanic employed or working on the site of the work any of the
wages required by this contract, the Owner may, after written notice to the
Contractor, take such action as may be necessary to cause the suspension of
any further payment or advance of funds until the violations cease.
6. Subcontracts. The Contractor shall insert in each of his/her subcontracts the
provisions contained in paragraphs 1, 3, 4, 5, 6, and 7 of this section and also
a clause requiring the subcontractors to include these provisions in any lower
tier subcontracts which they may enter into, together with a clause requiring
this insertion in any further subcontracts that may in turn be made.
Contract Termination: A breach of paragraphs 6, 7, and/or 8 may be grounds
for termination of the Contract.
B. Bonding Clauses for Construction Contracts and Subcontracts:
XI-2 AGREEMENT FORM
The Contractor agrees to furnish a performance bond for 100 percent of the
Contract price. This bond is one that is executed in connection with a contract
to secure fulfillment of all the Contractor's obligation under such contract.
The Contractor agrees to furnish a payment bond for 100 percent of the
Contract price. This bond is one that is executed in connection with a contract
to assure payment as required by law of all persons supplying labor and
material in the execution of the work provided for in the Contract.
C. Lobbying and Influencing Federal Employees:
No Federal appropriated funds shall be paid, by or on behalf of the Contractor,
to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal Grant, the
making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with any
Federal contract, grant, loan, or cooperative agreement, the Contractor shall
complete and submit Standard Form-LLL, "Disclosure of Lobby Activities,"
in accordance with its instructions.
3. The Contractor shall require that the language of paragraphs I and 2,of this
section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
D. Miscellaneous Clause Requirements for All Construction Contracts and Subcontracts
Unless Otherwise Indicated. During the performance of this contract, the Contractor,
for itself, its assignees and successors in interest (hereinafter referred to as the
"Contractor") agrees as follows:
Compliance with Regulations. The Contractor shall comply with the
Regulations relative to nondiscrimination in federally assisted programs of the
Department of Transportation (hereinafter "DOT") Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time (hereinafter
referred to as the Regulations), which are incorporated by reference and made
a part of this contract.
2. Nondiscrimination. The Contractor, with regard to the work performed by it
during the contract, shall not discriminate on the grounds of race, sex, age,
color, or national origin in the selection and retention of subcontractors,
XI-3 AGREEMENT FORM
including procurement of materials and leases of equipment. The Contractor
shall not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the
Regulations.
3. Solicitations for Subcontractors Including Procurement of Materials and
Equipment. In all solicitations either by competitive bidding or negotiation
made by the Contractor for work to be performed under a subcontract,
including procurement of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, sex, age, color, or natural origin.
4. Information and Reports. The Contractor shall provide all information and
reports required by the Regulations or directive issued pursuant hereto, and
shall permit access to its books, records, accounts, other sources of
information and its facilities as may be determined by the Owner or the FAA
to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a Contractor is in the
exclusive possession of another who fails or refuses to furnish this
information, the Contractor shall so certify to the Owner or the FAA as
appropriate, and shall set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance
with the nondiscrimination provisions of this contract, the Owner shall impose
such contract sanctions as it or the FAA may determine to be appropriate,
including, but not limited to:
a) Withholding of payments to the Contractor under the contract until the
Contractor complies, and/or
b) Cancellation, termination or suspension of the contract, in whole or in
part.
6. Incorporation of Provisions. The Contractor shall include the provisions of
paragraphs D.1. through 5. in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto. The Contractor shall take such action with
respect to any subcontract or procurement as the Owner or the FAA may
direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, however, that, in the event a Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier as
a result of such direction, the Contractor may request the Owner to enter into
such litigation to protect the interests of the Owner and, in addition, the
Contractor may request the United States to enter into such litigation to
protect the interests of the United States.
XI-4 AGREEMENT FORM
Breach of Contract Terms Sanctions — 49 CFR Part 18. Any violation or
breach of the terms of this contract on the part of the Contractor/Subcontractor
may result in the suspension or termination of this contract or such other
action which may be necessary to enforce the rights of the parties of this
agreement.
8. Termination of Contract — 49 CFR Part 18
a) The Owner may, by written notice, terminate this contract in whole or
in part at any time, either for the Owner's convenience or because of
failure to fulfill the contract obligations. Upon receipt of such notice
services shall be immediately discontinued (unless the notice directs
otherwise) and all materials as may have been accumulated in
performing this contract, whether completed or in progress, delivered
to the Owner.
b) If the termination is for the convenience of the Owner, an equitable
adjustment in the contract price shall be made, but no amount shall be
allowed for anticipated profit on unperformed services.
c) If the termination is due to failure to fulfill the Contractor's
obligations, the Owner may take over the work and prosecute the same
to completion by contract or otherwise. In such case, the Contractor
shall be liable to the Owner for any additional cost occasioned to the
Owner thereby.
d) If, after notice of termination for failure to fulfill contract obligations,
it is determined that the Contractor had not so failed, the termination
shall be deemed to have been effected for the convenience of the
Owner. In such event, adjustment in the contract price shall be made
as provided in paragraph D.8.b) of this clause.
e) The rights and remedies of the Owner provided in this clause are in
addition to any other rights and remedies provided by law or under this
contract.
9. Rights to Inventions/Materials-49 CFR Part 18. All rights to inventions and
materials generated under this contract are subject to regulations issued by the
FAA and the recipient of the Federal grant under which this contract is
executed. Information regarding these rights is available from the FAA and
the Owner.
10. Inspection of Records — 49 CFR Part 18. The Contractor shall maintain an
acceptable cost accounting system. The Owner, the FAA, the Comptroller
General of the United States shall have access to any books, documents,
paper, and records of the Contractor which are directly pertinent to the
specific contract for the purposes of making an audit, examination, excerpts,
and transcriptions. The Contractor shall maintain all required records for three
X1-5 AGREEMENT FORM
years after the Owner makes final payment and all other pending matters are
closed.
Article 7. The Contractor agrees to accept as his full and only compensation for the
performance of all the work required under this contract such sum or sums of money as may
be proper in accordance with the price or prices set forth in the Contractor's proposal
attached hereto and made a part hereof covering all of the items.
Article 8. To the extent allowed by law, the Contractor agrees to indemnify, defend, and hold
harmless the Owner, from any and all claims and damages to property and injury to persons
which may arise both of and during operations under this Contract, whether such operations
be by the Contractor or by any subcontractor or anyone directly or indirectly employed by
the Contractor or any other employee or person employed or engaged on or about, or in
connection with, the construction.
Article 9. As required by Colorado Revised Statutes 24-91-103.6,the Owner hereby provides
assurance that funds adequate to cover Contract Price have been appropriated.
To the extent this Contract constitutes a multiple fiscal year debt or financial obligation of
the City of Loveland or the City of Fort Collins, it shall be subject to annual appropriation
pursuant to their respective charters and Article X, Section 20 of the Colorado Constitution.
Neither the City of Loveland nor the City of Fort Collins shall have any obligation to
continue this Contract in any fiscal year in which no such appropriation is made.
Article 10. Venue and jurisdiction of any action will only be brought in the District Court in
and for the Eight (8'h) Judicial District (Fort Collins, Larimer County, Colorado).
Article 11. In the event of a breach of this agreement, the breaching party shall pay to the
non -breaching party all reasonable attorney fees, cost, and other expenses, incurred by the
non -breaching party enforcing its rights as a result of said breach.
Total not -to -exceed cost (without approved change orders) for the 2012 Airport
Improvements: Install Runway Weather Information System (RWIS), is
Three Hundred Seventy -Three Thousand, Four Hundred Ninety -Six dollars and Ten cents
($373,496.10).
IN WITNESS WHEREOF, The First Party and the Second Party, respectively have caused
this agreement to be duly executed the day and year first herein written in six (6) copies, all
of which to all intents and purposes shall be considered as the original.
XI-6 AGREEMENT FORM
OWNER, First Party
ATTEST:
By
ATTEST:
f
L-7
Title
SEAL
City of Loveland
Mi MIS �!W,
T® R)MA ? -
FTT
\TTQFtNEY
City of Fort Collins
Appr a As To Fo v$ o
Deputy City Attorney
By
C4- 1(-'re'tcL`
CONTRACTOR, Second Party
Title District Manager
END OF SECTION
XI-7 AGREEMENT FORM