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HomeMy WebLinkAbout188139 DOHN CONSTRUCTION INC - CONTRACT - RFP - 7474 GENERAL CONTRACTOR FOR FIRE STATION EXPANSIONSERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City", as agent, on behalf of the Poudre Fire Authority (PFA), and Dohn Construction Inc, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for 7474 General Contractor for Fire Station Expansion & Renovation Projects. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1) page(s) and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. An overall scope of services is attached hereto as Exhibit "B", consisting of two (2) pages. Services Agreement - Work Order Type RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 1 of 16 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN POUDRE FIRE AUTHORITY AND DOHN CONSTRUCTION INC DATED: Work Order Number: Purchase Order Number: Project Title: 7474 General Contract for Fire Station Expansion & Renovation Projects Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: 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. The attached forms consisting of _ U pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional City of Fort Collins By: Project Manager By: Tom Demint, Fire Chief Date: By: Director of Purchasing and Risk Management (over $60,000.00) Date: Services Agreement — Work Order Type RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 18 of 16 EXHIBIT B SCOPE OF SERVICES The City of Fort Collins desires to have the construction firm provide m any services. These services are to include: A. Pre -Construction Services ♦ Review of designs for constructability. ♦ Review of site layout and how it will work with elevations and contours. ♦ Estimating cost of different options, alternatives and components. ♦ Providing opinions and recommendations on suitable methods and approaches to accomplish the work. ♦ Offer value engineering suggestions to accomplish the desired objectives in the most cost effective manner possible. ♦ Provide the team with up to date on -going cost status of the current project design. ♦ Provide information on material availability and other resources for LEED. B. Construction Services ♦ Full time site supervision when trades are working unless approved by Owner. ♦ Stormwater management of the project site per EPA, CDPHS and local jurisdictions. ♦ Site protection and security during construction ♦ Procurement of all subcontractors and suppliers to complete construction. The contractor is required to provide a minimum of 3 sub -contractor bids for each discipline. Owner to be involved with final selection of sub -contractor to perform work. ♦ Project sequencing and scheduling of manpower, materials and equipment to complete project by the deadline established. ♦ Compile and maintain the backup for LEED construction credits and complete the necessary credit templates. ♦ Maintain as -built record drawings ♦ Project safety enforcement to manage work per OSHA and other jurisdiction's requirements. ♦ Manage quality control and coordinate all necessary testing. ♦ Manage Project Close-out procedures to ♦ Manager Project Warranty The contractor is required to commit key staff members to assist the project team by attending regularly scheduled project meetings and prepare information or responses to issues in advance of meetings. Pre -construction attendance will be required by the contractor's project manager, superintendent and lead estimator. In the event key technical functions are subcontracted, the subcontractor shall assist the general contractor Services Agreement — Work Order Type RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 19 of 16 in fulfilling its responsibilities under the agreement during the design phase(s), including participation in design discussions. Construction attendance will require attendance by the project manager and superintendent. The project manager and project Superintendent selected must be approved by the Owner and committed to the project for its full duration to include pre -construction through final completion and the issuance of Certificate of Occupancy, unless excused by the Owner in writing. If the assigned personnel are not working out for the Owner, the Owner reserves the right to have them replaced. The Contractor can choose the replacement, but the Owner must approve the replacement. 2. The PFA staff works very closely with the Architect/Engineer (Belford -Watkins Architects) and the contractor on a day to day basis as part of an integrated team during design and construction of projects. Traditional adversarial roles are not an acceptable way of doing business. 3. The actual amount of work to be performed, the time of such performance and the location of work, will be determined by the Project Manager who will issue formally executed work orders. The only work authorized under this agreement is that which is performed after receipt of such work orders. The PFA makes no guarantee as to the number of work orders or actual amount of services which will in fact be requested. A detailed Scope of Work with cost for each project and exact services desired will be developed during the work order process. 4. Construction documents will be prepared using the CSI format and the City of Fort Collins modified EJCDC General Conditions and City standard contract documents. These documents will be provided by the City of Fort Collins. The contractor shall be knowledgeable of the design and construction standards established by the City of Fort Collins. Services Agreement — Work Order Type RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 20 of 16 EXHIBIT C COMPENSATION DESIGN PHASE COST Preconstruction services will be based on the qeins outlined in section. A, of the Poudre- Fire AiiL - honty . .Request for Proposal.. The hourly rites are as follows.: :Doug, an&Conple'Pohn No Charge: . Breft, Brown, Field�Operatioris. Nianiger- No Charge j chn Reluber, Pbblect Manager $65.00 per liour. Todd;Annand; Preconstruction N4anger $65.00:per hour, Joe Voss,,Preconstruction Assistant, $40.00 Per hour Brian Blake, Chief Est4im ator 565.00 per. k6ur Justin Robinson, Estiniatirfg Assistant S40.100 per hour Dohii Constrbctioh.doent an,ti6pat6 ,c6sts.. from; sObcontractoriissistiince during:precbfistruc66n. The anticipated- hours and schedule of services will bedefermiried on -a project -by. -Project basis and a hottoeXceeld g'L'la'r'anr,'eed maximum Pace for these i services will b.6. established.. These C vices mill then.be billed on a,itionthly basis Services Agreement — Work Order Type RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 21 of 16 CONSTkUCTION COST FACTORS OVERHEAD AND. . PROFIT (COMBINED) MARGIN FOR GENERAL OFFICE ACTIVITIES, ON THE BASE BID COST: 4% -.6%based.on the: size and. scope of the project OVERHEADAND 'PROFIT (COMBINED) MARGIN FOR FIELDOFFICE ACTIVITIES ON THE BASE BID cb§t... 4% -- 6% based on the size;and scope of the project SUBCONTRACTOR MARKUP ON BASE-BiD,COST TO GENERAL CONTRACTOR: 4% -.6,9% based.on die size end scope of the project MATERIALS AND EQUIPMENT MARKUP. ON BASE BID COST Materials;— 4% -:69/o'based on the. size and. scope- o fthe project Rental Equipment — 4% - 6%' based on the:a e and scope of the project Cbritkactoir,Owned ,Equipment — Seeattached Labor and Equipment Rates ANY. ADDITIONAL: FACTORS APPLIED` TO. PROJECT LABOR` OR MATERIALS, TO; DIETERMILNETHE BASE'BMCOST: See:atfached Labor and: Equipment Rates, CHANGE ORDER 'MARK-UP - INCLUDING SUPERVISION. ALLOWANCE LABOR. AND MATERIAL, - I , ...:, -- - " INCLUDING , — .- ALLOWANCES - , ;. , - -:: -. , MATERIAL: -.". - . - MARKUPS,, AND: -OVERHEAD AND PROFIT PERCENTAGES,-. AS A, PERCENT OF LABOR AND MATERIALS: COST FOR ANY CHANGES IN THE WORKFOLLOWING CONTRACT AWAW. Same As the byerhead and.pcbfit markup; determin"e'd for the: project (4610 - 66/o based on the size ize and scope of the project) GENERAL CONTRACTOR COSYRETURNS IF PROJECT Is COMPLETED EARLY Any cost saving accrued-due.to early cornpletio. n of the project -will be given back to Poudre Fire kuthority Services Agreement — Work Order Type RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 22 of 16 M LABOR AND -EQUIPMENT RATES' Dohn Construction; Inc-., Labor Supervision Labor $60/hour Assisr-ari(Stip p ry . s . on /Pmj6rt Engineer $45'hoUr e, 1 1. Carpentry/S . killed'Labc,r $45/houE Common Labor: S25/hour Dohn Construction, Inc., Equipment: 150-25 0 K BTUT Forced Air Heater $125/we& 4 7519 K BTU Forced.Air Heater $25.0/NiY.qtk 4.6 15 Md BTU Forced Air Heater $355/wee'k 20-KW Generator t20/6our Pbrtiib le.�Generator Backhoe $85 /hour Bobcat, $85/how Boom Lift 195/hiour C-6.rtprless-6f4tq,tk,h'alinmer, with A,ttqc:h,Irn6hts $135/oay Concrete Blankets: .$5 each/day Concrete: Saw" SiVfbot construction Furnace Dump"Truck, $175/load Fans $20/day; Fjocill Scraper Forklift- $85�hour Ground Heater. $22/hour Jumping Ja' k,Tam per Neptive Air.-Mschuaes $25/day Office trailer $375imonth Oh -site lhterhet Coinn&ctiv'ity Power:Washer .$60/day Scissor Lift. t200/week stdrage Tfail I 6r $150/ffi,66th Superintendent Truck. $1635/week Superintendent Cell Phone $75/month Notes: 4, Equipment.prices do not include operator. 01 Overtirne,to be bifled'.at time & lialf. 9 Holidays to,.bb billed at double time. Services Agreement — Work Order Type RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 23 of 16 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Providers employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Services Agreement - Work Order Type RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 24 of 16 OP ID: RC 44CCPR" CERTIFICATE OF LIABILITY INSURANCE CA' 04/0512013 4/05/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ' IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(las) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such andorsement(s). PRODUCER Phone: 970-635-9400 PIES Insurance Group -JT Fax: 970-635-9401 4848 Thompson Pkwy, Ste 200 Johnstown, CO 80534 Dave Janssen NANTACT ME; PHONE FAX Arc No Bs ac No: EIAAIL ADDRESS: PRODUCER CUSTOM ER IDI: DOHNC-2 INSURERS AFFORDING COVERAGE NAICM INSURED Dohn Construction, Inc. DCI Residential, LLC 2642 Midpoint Drive Fort Collins, CO 80525 INSURERA:Employers Mutual INSURER B: Pinnacol Assurance 41190 INSURERC: INSURER D NSURERE: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER (MMI"15'D)YWYI LIMITS GENERALLIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 1R57255 10/01/2012 10/01/2013 PREMISES Ea occurrence $ 100,000 CLAIMSMADEI-XI OCCUR MED EXP(Any one person) $ 5,000 PERSONAL &ADV INJURY IF 1,000,000 X Blanket Add'llns X Blanket Waiver GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LI MIT APPLIES PER: PRODUCTS- $ 2,060,000 $ POLICY X PRO- LOC JE"AUTOMOBILE A X LIABILITY ANY AUTO 1Z57255 10/01/2012 10/01/2013 COMBINED SINGLE LIMIT (Eaeccidentl $ 1,000,000 BODILY INJURY (Per person) $ ALLOWNEDAUTOS BODILY INJURY (Par accident) $ X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ $ X NON-OWNEDAUTOS $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 A EXCESS LIAB CLAIMS -MADE 1 J 57255 10/01/2012 10/0112013 DEDUCTIBLE $ $ RETENTION S B WORKERS COMPENSATION AFD EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERFcXECUTVE YIN OFFICERNEMBER EXLLUDED9 (Mandatory In NH) NIA 3055407 07/01/2012 07/01/2013 X WC LIMIT OTH- TORY LIMIT ER EL EACH ACCIDENT $ 1,00Q000 E.L. DISEASEEAEMPLOYEE $ 1,000,000 UU yyes. describe under DESCRIPTION OF OPERATIONS belor, E.L. DISEASE -POLICY LIMIT $ 1,000,00C DESCMPTIONOFOPER nONSILOCAnONSIV RCLES (Aaach ACORD 101, Additional Remark. Schedule, Ir more space is required) RE: Service Contract. If required by written contract or written agreement, The City of Fort Collins is included as additional insured for ongoing operations and completed operations under general liability. CITYFCI City of Fort Collins City's Director of Purchasing 8. Risk Management P.O. Box 580 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD b. The City may, at anytime during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence April 8, 2013 and shall continue in full force and effect until March 31, 2014, unless sooner terminated as herein provided. In addition, at the option of the City or PFA, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained Services Agreement - Work Order Type RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 2 of 16 herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: Service Provider: Dohn Construction Inc. Attn: Doug Dohn 2642 Midpoint Drive Fort Collins, CO 80525 Poudre Fire Authority: Poudre Fire Authority Attn: Gary Nichols 102 Remington Street Fort Collins, CO 80524 Copy to: City of Fort Collins Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City or PFA, the Service Provider shall be paid for services rendered to the termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. PaVments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "C", consisting of three (3) pages, and incorporated herein by this reference. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. Services Agreement — Work Order Type RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 3 of 16 9. City Representative. The City's or PFA's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extend that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 13. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, Services Agreement — Work Order Type RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 4 of 16 against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting parry commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. 17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any Services Agreement —Work Order Type RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 5 of 16 person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 18. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 19. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Services Agreement — Work Order Type RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 6 of 16 Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course of Services Agreement — Work Order Type RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 7 of 16 FA an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. Services Agreement — Work Order Type RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 8 of 16 CITY OF FORT COLLINS, COLORADO a municipal oration By: John Stephen Interim Director of Purchasing and Risk Management Date: I-(--/ -- t POUDRE FIRE AUTHORITY By: � � 7Tom7 , Fire hief Date: ) ,/3 ATTESTOR �JVV47-V City Clerk yf v1 SEAL APPROVE AS TO FORM: 4, Assis t CitvattorneV A T rp rate Secretary DOH CONSTRUCTION IIKIC. By: Print Nagle Titles Ai LSl Lv� Corporate President or Vice President Date: hrt!- (CorRor�te Seall�f LU • .+(� W •!fit { i p� Services Agreement — Work Order Type RFP 7474 General Contractor for Fire Station Expansion & $ •.l�f fey'^r�'�`�a Renovation Projects Page 9 of 16