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HomeMy WebLinkAboutRFP - 7474 GENERAL CONTRACTOR FOR FIRE STATION EXPANSION & RENOVATION PROJECTSRFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 1 of 21 REQUEST FOR PROPOSAL 7474 GENERAL CONTRACTOR FOR FIRE STATION EXPANSION & RENOVATION PROJECTS The City of Fort Collins on behalf of the Poudre Fire Authority is requesting proposals from qualified construction contractors for work on new construction and improvements to new and existing Poudre Fire Authority (PFA) facilities in Fort Collins. The selected contractor will assist PFA’s contract architects and PFA staff in addressing constructability issues during preparation of that design(s), and at the City’s option to perform the construction of multiple projects on a negotiated price basis. The schedule for the work anticipates selection of a contractor by April 2013. Proposals may be submitted by E-mail in Microsoft Word or PDF format. E-mail submittals shall be e-mailed to: purchasing@fcgov.com. If submitting hard copy proposals, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), February 22, 2013 and referenced as Proposal No. 7474. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. Questions concerning the scope of the project should be directed to Project Manager, Gary Nuckols at (970) 416-2862 or gnuckols@poudre-fire.org. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer, at (970) 221-6777 or jstephen@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 2 of 21 discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 3 of 21 7474 GENERAL CONTRACTOR FOR FIRE STATION EXPANSION & RENOVATION PROJECTS SCOPE OF SERVICES PROJECT REQUIREMENTS A formal Partnering Session will be held with the selected contractor, PFA team members and PFA’s contract architects as soon as the selection process is completed. The City of Fort Collins desires to have the construction firm provide many 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  Stormwater management of the project site  Site protection and security during construction  Procurement of all subcontractors and suppliers to complete construction  Project sequencing and scheduling of manpower, materials and equipment  Project safety enforcement  Manage Quality Control  Manage Project Close-out  Manager Project Warranty 1. The contractor is required to commit key staff members to assist the project team by attending regularly scheduled project meetings and preparing information or responses to issues in advance of meetings. Normally, attendance will be required by the contractor’s project manager and superintendent. In the event key technical functions are subcontracted, the subcontractor shall assist the general contractor firm in fulfilling its responsibilities under the agreement during the design phase(s), including participation in design discussions. 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 a team during design and construction of RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 4 of 21 projects. Traditional adversarial roles are not an acceptable way of doing business. Please submit questions by email that you have about the process. 3. The Poudre Fire Authority utilizes the services of a general contractor on an as needed basis. The type and complexity of the work varies, dependent upon the specific needs of PFA at any given time. Several projects including a new fire station and live fire training building repair are all possible during the terms of any agreement, but not guaranteed. Currently some of these projects have approval.  Fire Station 8-- ~16,000 sq foot fire station with living quarters, apparatus bays, community rooms, offices and support areas.  Live Fire Training building – Significant repairs to this structure to extend its useful life. 4. The list of projects is not exhaustive of the projects completed under the current agreement and is no guarantee of similar projects in the future. Most of these projects were completed using a team approach with the Authorities design firm, however some projects were strictly design build by the contractor and others a combination of design build and design team approaches. 5. This is a one year agreement but, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may use the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office 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. 6. Schedule:  Proposal Due February 22, 2013  Oral interview March 6, 2013 PROPOSAL GUIDELINES Qualified general contractors interested in the work described in this request should submit a minimum of the following information to the City: Describe your approach to this project: 1. General information Name of firm, contact person for this proposal, title, phone number, fax number, street and mailing addresses, and previous names of firm in last 10 years, and date established. 2. Key Project Staffing Provide names and resumes of key project staff, including proposed project cost estimator, project manager, construction project superintendent. Indicate pertinent work experience and any post high school construction management or engineering education. Include LEED Education and project experiences, references from owners and consulting engineers for the last 3 projects for each assigned person, and similar references for work on recent similar building projects for each (If not among last three projects). Detail the availability of staff assigned. (Note: Key personnel must be RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 5 of 21 committed to the project for its duration, unless excused by the Owner. This requirement is non-negotiable.) List any subcontractors or consultants you will be using for your project staff and include their name, employer and their resume. 3. General Company Resources Indicate the resources available for cost estimating, construction approach and methods, construction sequencing and scheduling. Provide descriptions, resumes, organization chars and /or other indications of the degree expertise and qualifications available to this project. Indicate location if not based in the office location in item 1 above. 4. Project Experience Provide brief summary of similar construction project work performed by the firm in the last 5 years. Highlight any participation by key staff proposed for this project. Provide data on: a. Bid Cost b. Cost at completion and number of change orders c. Contractor, subcontractor or owner initiated claims and their resolution d. Contract time for completion when bid e. Actual completion time Brief discussion of any unusual factor is encouraged (e.g. owner initiated delays, additions to the work, etc.). Provide both an owner reference and consulting engineer reference for cited projects. 5. Project Budget and Cost Control a. Describe your commitment to providing realistic construction cost to the team they can use and trust for their design and the methodology used for confirming and controlling cost for each phase of the project. b. Describe your approaches used to cut costs when estimated costs exceed the budget. c. Describe your approach to be transparent or open book and show the team your actual cost, markup and profit. d. Provide a sample of a pre-construction cost estimate showing the detail you provide the team for review. 6. Construction Sequencing and Scheduling a. Describe the scheduling software your firm typically uses for sequencing task and scheduling of subcontractors, materials and equipment. b. Describe the way in which your firm develops and maintains project schedules for projects of this size and nature. c. Describe your process and frequency for updating project schedules. d. Describe how your firm works to overcome challenges and works to maintain the RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 6 of 21 original completion date. e. Describe your firms Ability/Willingness to meet fast track schedules and deadlines. f. Submit an example of a project schedule having less than 100 tasks. Provide example of pre-construction and construction task and milestones. 7. Quality Assurance/Quality Control Describe your firm’s commitment to Quality and attention to detail. Explain the processes your team will use to assure we have a high quality finished product. 8. Experience with Sustainable Design & Construction Describe your company’s commitment and experience with whole-building performance with sustainable design and construction. List projects completed within the past 5 years that feature workable, cost-effective, low energy, and sustainable design strategies. Include: a. Description of the low energy, sustainable design features of each project. b. Descriptions of energy analysis technique(s) used. c. Information on commissioning and actual performance of the listed projects. d. A complete listing of projects that achieved LEED certification and highlight those achieving Gold or Platinum Certification, including the year. e. Names, addresses and telephone numbers of project owners. 9. Partnering Experience Describe any experience by the firm or key staff with similar owner/engineer/contractor teams. Describe the firm’s experience in Partnering, both formal and informal. Highlight any partnering experience by key staff proposed for this project. Provide references for cited experience. 10. Safety Record Provide the firm’s OSHA reportable accident rate and current workman’s compensation insurance multiplier for the last 3 years. Provide the OSHA reportable accident rate on projects managed by the proposed superintendent or project manager over the three year period (depending on who is assigned site safety responsibility in the contractor organization). 11. Subcontractors Based on the description of the work in this request, describe which portions of the work will be performed by subcontractors. 12. Design Phase Cost Provide hourly rates to be applied to the proposed key staff (and subcontractors if necessary) for assistance to the owner/engineer design team during the design phase. Anticipated hours and schedule are outlined in the Project Requirements above. Identify how expenses related to providing this assistance will be charged. RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 7 of 21 13. Construction Cost Factors Establish in detail the factors which will be used in determining the negotiated maximum construction price. These factors shall be comprehensive in establishing all costs to be applied to direct project labor and materials in determining the construction cost. Commitments shall include: a. Overhead and profit (combined) margin for general office activities on the base bid cost b. Overhead and profit (combined) margin for field office activities on the base bid cost c. Subcontractor markup on base bid cost to General Contractor d. Materials and equipment markup on base bid cost e. Any additional factors applied to project labor or materials to determine the base bid cost f. Change order markup, including supervision allowance, labor and material markups, and overhead and profit percentages, as a percent of labor and materials cost for any changes in the work following contract award g. General Contractor cost returns if project is completed early 14. Financial Statement Provide a recent financial statement (audited if possible) including balance sheet and income statement showing: a. Current assets b. Other assets c. Current liabilities d. Other liabilities e. Fixed assets and equipment 15. Banking Reference Provide the name, address and phone number of the firm’s banking reference 16. Bonding Company Provide the name, address and phone number of the firm’s bonding agent. Provide a letter from the bonding agent indicating the firm’s bonding capacity is adequate to undertake this work. 17. Insurance Company Provide the name, address and phone number of the firm’s insurance agent(s). Provide certificate of insurance outlining coverage and policy limits. Can this coverage be extended for work on this project? Can coverage be increased? Can City be listed as an additional insured? Are there any current claims that will affect coverage limits available to the City for this project? 18. References RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 8 of 21 List three (3) current references of similar work. Include firm name, address, and telephone number. 19. Agreement Prior to construction and depending on the cost of the project, the contractor may be required to provide payment and performance bonds and sign the City of Fort Collins’ Standard Construction Contract. This document is available for review on the web at: http://citydocs.fcgov.com/?vid=10&cmd=search&scope=doctype&dt=CONTRACT&q=V ERTICAL+CONSTRUCTION RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 9 of 21 CONTRACTOR REVIEW AND ASSESSMENT Construction firms will be evaluated on the following qualification criteria. These criteria will be the basis for review of the written proposals, as well as for the oral interviews of the top ranked firms. The rating scale shall be from 1 to 5, (or 10, depending on maximum possible points), with 1 being a poor rating, 3 being an average rating, and the maximum possible points being an outstanding rating. Weighting factors for the criteria are listed adjacent to the qualification. Possible Points Max-Min Qualification Standard 10-1 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used in the design and construction phases and the results that are desired from the project? 10-1 Assigned Project Team Does the proposed team have the necessary skills and experience to fulfill the requirements of the project? Are the key staff available to do the work? 5/1 Safety Record “OSHA Illness/Injury Rate”, “OSHA Lost Work Day Incidence Rate” and Workers Compensation Experience Modification Rate Insurance Multiplier 10-1 Firm Experience --Design --Construction Has the firm worked on projects similar in scope to this project? Has partnering been used as a basis in design and construction of other projects? Was this work of high quality in nature? 5-1 Design Phase Cost Are the proposed design cost rates reasonable and competitive? 10-1 Construction Cost Factors Do the proposed construction cost factors compare favorably with industry standards and other firms’ construction cost factors? 10-1 Firm Capability Does the firm have experience, equipment, manpower and finances to complete the work? 10-1 Construction Performance Do the referenced projects reflect favorably in respect to completion within the contract schedule, cost and number of change orders and claims? 5-1 Motivation Has the firm shown an interest in work and a commitment to the successful completion of the project? RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 10 of 21 Reference Evaluation (Top Rated Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 11 of 21 SERVICES 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 , 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: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for . 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 ( ) 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. No work order shall exceed $ . 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. b. The City may, at any time 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. RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 12 of 21 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 {Option 1} This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the city, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the professional mailed no later than 90 days prior to contract end. 5. Contract Period. {Option 2] This Agreement shall commence , 200 and shall continue in full force and effect until , 200 , 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 ( ) 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. 6. 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 RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 13 of 21 Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 7. Early Termination by City/Notices. Notwithstanding the time periods contained 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: Poudre Fire Authority: Copy to: Attn: Poudre Fire Authority Attn: 102 Remington Street Fort Collins, CO 80524 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. 8. 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. 9. Payments. 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 " ", consisting of ( ) page , and incorporated herein by this reference. RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 14 of 21 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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 RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 15 of 21 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, 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. 15. 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. 16. 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 party 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. 17. 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. RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 16 of 21 18. 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 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 " ", consisting of ( ) 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. 19. 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. 20. 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. 21. 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: RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 17 of 21 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 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: 1. 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 RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 18 of 21 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 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. 22. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit , consisting of ( ) page , attached hereto and incorporated herein by this reference. RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 19 of 21 CITY OF FORT COLLINS, COLORADO a municipal corporation By: __________________________________ James B. O'Neill II, CPPO Director of Purchasing and Risk Management Date:_________________________________ POUDRE FIRE AUTHORITY By: _________________________________ Tom DeMint, Fire Chief Date: ______________________________ ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ Assistant City Attorney By:____________________________________ _______________________________________ Print Name Title____________________________________ Corporate President or Vice President Date: _______________________________ ATTEST (Corporate Seal) _____________________________ Corporate Secretary RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 18 of 21 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN POUDRE FIRE AUTHORITY AND DATED: Work Order Number: Purchase Order Number: Project Title: 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 ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional By:_________________________________ Date:_______________________________ City of Fort Collins By:_________________________________ Project Manager Date:_______________________________ By:_______________________________ Tom Demint, Fire Chief Date:___________________________ By: ________________________________ Director of Purchasing and Risk Management (over $60,000.00) Date: ______________________________ RFP 7474 General Contractor for Fire Station Expansion & Renovation Projects Page 19 of 21 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 Provider's employees engaged in work performed under this agreement: 1. 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.