HomeMy WebLinkAboutADOLFSON & PETERSON CONSTRUCTION - CONTRACT - RFP - 7491 BLOCK 32 CM/GC IMPROVEMENTSPROFESSIONAL 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" and AP Mountain States, LLC dba ADOLFSON & PETERSON
CONSTRUCTION, hereinafter referred to as "Professional'.
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance
with any project Work Orders for 7491 Block 32 CM/GC Improvements, issued by the City. A
blank sample of a work order and overall scope of services is attached hereto as Exhibit "A",
consisting of three (3) pages and is incorporated herein by this reference. Irrespective of
references in Exhibit A to certain named third parties, Professional shall be solely responsible
for performance of all duties hereunder. The City reserves the right to independently bid any
project rather than issuing a Work Order to the Professional for the same pursuant to this
Agreement.
2. The Work Schedule. The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time
is of the essence. Any extensions of any time limit must be agreed upon in writing by the
parties hereto.
4. Contract Period. This Agreement shall commence July 1, 2013, and shall
continue in full force and effect until June 30, 2014, unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional
Professional Services Agreement - Work Order Type Page 1 of 18
7491 Block 321 CM/GC Improvements
OVERALL SCOPE OF SERVICES
The Construction Manager/General Contractor (CM/GC) will collaborate with all consultants and
the design team to work as an integrated design team and help maintain the focus and
commitment to the integrated energy/high performance goals of the project. Commitment to
continuous refinement and design optimization is essential to achieving these goals. The
CM/GC team members will be encouraged to participate in evaluating innovative high efficiency
design ideas in a cooperative, creative atmosphere. The impacts of changes in any one system
shall be evaluated in relation to the whole building capital cost, operating cost, and effect on the
objectives and targets of the project. Use of computer modeling as part of the whole building
design optimization process, will be used along with BIM to valuate impacts of any changes.
The (CM/GC) will assist the project team with cost estimating, construction methods and
approach evaluations, construction sequencing and scheduling and other constructability
considerations during planning and design, then facilitate and manage each construction project
in the field from start through close-out and warranty as noted by each Work Order. The CM/GC
will be compensated for their participation based on approved subcontractor or supplier
proposals along labor and equipment rates submitted and approved with a cost not to exceed
as listed in the Fee proposal. General condition charges will be allowed as per Exhibit C of the
RFP along with the approved rates. Each invoice which shall have detailed itemization of each
item submitted be within the not to exceed amount as listed for each item in the Fee proposal.
Phase I
The City of Fort Collins will be performing space planning of the existing Utility Service Center
(USC) at 700 Wood Street, space planning for new Customer Service Building (CSB) for block
32 and conceptual/master planning for entire Block 32 in downtown Fort Collins.
Phase II
Phase II, which is the design and construction of the new CSB on Block 32 and design and
renovation of the existing USC building at 700 Wood Street.
Phase III
Phase III will be the design and construction of other municipal buildings on Block 32.
Following the preparation of final design drawings and construction specifications, the City
expects to negotiate a guaranteed maximum price (GMP) contract(s) with the CM/GC for
construction of the designed improvements. The final price negotiation(s) may be subject to
outside review and auditing. The CM/GC will be required to enter into an agreement and sign
the City's standard Construction Contract. If negotiation's cannot be successfully completed
with a CM/GC for a GMP, then the City of Fort Collins reserves the right to hard bid the work.
The CM/GC 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 CM/GC's project cost
estimator, project manager and project superintendent. In the event key technical functions are
subcontracted or done by a consultant, the subcontractor or consultant shall assist the CM/GC
firm in fulfilling its responsibilities under the agreement during the design phase(s), including
participation in design discussions. (Note: Key personnel must be committed to this project for
its duration, unless approved in writing by the Owner. This requirement is non-negotiable.)
Key Personnel Required for this agreement:
Eric Dimmick — Preconstruction Manager
Professional services Agreement - Work Order Type Page 10 of 18
7491 Block 321 CWGC Improvements
Eric Kimmelshue — Project Manager
Brandon Hill — Project Superintendent
Brooke Brookshire — MEP Manager
Kelly Hertneky — Sustainability Manager
The CM/GC firm will provide the following services for the various phases mentioned
earlier.
A. Pre -Construction Services
♦ Provide input on construction cost impacts for various master planning layouts.
♦ Provide input on existing building structural, mechanical and electrical
components and options for modifications.
♦ Review of site layout and how it will work with existing elevations and contours.
♦ Estimating cost of the various options, alternatives and components.
♦ Review of designs for constructability and phasing to maintain operations.
♦ Providing opinions and recommendations on suitable methods and approaches
to accomplish the work and minimize impact to operations.
♦ 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 as it relates to
construction for LEED certification.
B. Construction Services
♦ Full time site supervision when trades are working
♦ Stormwater management for the project site
♦ Site protection and security during construction
♦ Open competitive procurement of all subcontractors and suppliers to complete
construction of projects.
♦ Project sequencing and scheduling of all manpower, materials and equipment.
♦ Manage all construction activities associated with the level of LEED certification
the City requires.
♦ Manage Project Safety to ensure all personnel conduct their work per OSHA,
state and local regulations and all personnel are safe from project activities.
♦ Manage Project Quality Control to ensure each item of work meets or exceeds
the City's standards and goals of the RFP.
♦ Manage Record Documents to ensure all changes during construction are on
the final documents turned over to the Owner.
♦ Manage Project Close-out to ensure timeliness of events to meet required dates.
♦ Manage Project Warranty to ensure prompt response and closure to items.
Professional Services Agreement - Work Order Type Page 11 of 18
7491 Block 321 CM/GC Improvements
EXHIBIT B
COMPENSATION
CHAPTER 6 — PROPOSED FEE SCHEDULE
PROJECT: CITY OF FORT COLLINS
NEW UTILITIES ADMINISTRATIVE SERVICES BUILDING - BLOCK 32
UTILITLIES ADMINISTRATIVE RENOVATION — 700 WOOD STREET
FORT COLLINS, CO.
Bid of Adoiison & Peterson Construction
existing.under the laws of the state of Colorado
M
hereinafter called the bidder.
TO OWNER: City of Fort Collins
RFP 7491 Fort Collins
Wood Street
a corporation organized and
or a partnership consisting of
partners; or an individual
Utilities Improvements for Block 32 & 700
Attn: John D Stephen, CPPO, LEED AP
Interim Director of Purchasing & Risk Management (2Rd Floor)
PO Box 580, 215 N. Mason Street
Fort Collins, CO. 80522-0580
Acknowledgments
A. The undersigned acknowledges that he has received and familiarized himself
with the Request for Proposals dated April 19, 2013.
B. The undersigned further acknowledges that he has visited the sites and
familiarized himself with the local conditions affecting the cost of the work at
the places work is to be performed.
C. In submitting the Proposal and Bid the undersigned agrees:
To enter into and execute a contract, if awarded on the basis of this bid,.
and to furnish a Performance Bond and Labor and Material Payment Bond
in accordance with the requirements of the contract.
2. CM/GC Conceptual/Master & Space planning CM Services Phase I Lump
Sum Charges
A. For compensation of the Master & space planning services noted as phase I
in the Request for Proposal to include a labor, materials and equipment along
with overhead and profit, the undersigned hereby proposes and agrees to the
following Lump Sum cost not to exceed of: D.,,e i ve Thousand Six .unci-ed
Dollars ($ 12, 600 )
(Amount shall be shown in both words and figures. In case of discrepancy,
the amount in words will govern).
RFP 7491 For: Collins Utilities Improvements for Block 32 & 700 Wood Street
Page 24 of 41
Professional services Agreement - Work Order Type
7491 Block 321 Moo Improvements
Page 12 of 18
3. CM/GC Pre -construction CM Services Phase If Lump Sum Charges
A. For compensation of the Pre -construction services noted in the Request for
Proposal to include a labor, materials and equipment along with overhead
and profit, the undersigned hereby proposes and agrees to the following
Lump Sum cost not to exceed of:
Thirty Three Thousand Six Hundred Dollars ($ 33, 600 )
(Amount shall be shown in both words and figures. In case of discrepancy,
the amount in words will govern).
4. CM/GC Construction Phase II CM Services Fee
A. For compensation for the CM/GC's Fee for overhead and profit, the
undersigned hereby agrees to the following percentage of the Cost of the
Work:
One Point Seven Five Percent( 1. 75 o ° )
�.
(Amount shall be shown in both words and figures. In case of discrepancy,
the amount in words will govern).
5. CM/GC Construction Phase II Lump Sum General Conditions
A. For the General Conditions of the project during the construction phase 11 for
the items noted in Exhibit C — General Conditions Checklist, the undersigned
hereby proposes and agrees to the following Lump Sum cost not to exceed
of:
B.
1. General Conditions - Utility Service Center (USC) 700 Wood Street
One Hundred Forty Two Thousand Three Hundred Thirty Four
Dollars ($ 142, 334 )
(Amount shall be shown in both words and figures. In case of discrepancy,
the amount in words will govern).
2. General Conditions - Customer Service Building (CSB) Block 32
Two Hundred Thousand Nine Hundred Forty Three
Dollars ($ 200, 943
(Amount shall be shown in both words and figures. In case of discrepancy,
the amount in words will govern).
6. CM/GC Construction Phase II General Conditions Cost Factors
A. The Salary/Hourly Rates for the Project Team. Attach a list of each team
member and their compensation along with labor burden.
Position/Title Salary/Hourly Rate X Burden(%) = Total Cost
B. The General Conditions Equipment Rental Rates (Fuel Included). Attached a
list of all the equipment you have planned for or feel may be needed for this
project.
Equipment Type Hourly/Daily/Weekly/Monthly Rental Rates
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 25 of 41
Professional services Agreement - Work Order Type
7491 Block 321 CM/GC Improvements Page 13 of 18
C. Provide explanation of how you cover cost for small tools, misc. supplies and
equipment.
D. Weather Protection Allowance Budgeted in General Conditions above.
USC:$ Not Included CSB:$ Not Included
7. Right of Owner
In submitting this Bid, it is understood that the right to reject any and all Bids and
to waive irregularities in the bidding has been reserved by the Owner.
Dated this 3rd day of
June
2013
Adolfson & Peterson,Construction
Name of Bidder:
797 Ventura Street, Aurora, Colorado 60011
Address of Bidder
303-363-7101 djohnson@a-p.com
Te
Ml
Doug Johnson
Printed Name
Vice President
Title
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street
Professional Services Agreement - Work Order Type
7491 Block 321 CM/GC Improvements
Page 26 of 41
Page 14 of 18
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EXHIBIT C
GENERAL CONDITIONS CHECKLIST
(These items are not considered part of the CM/GC Fee)
PROJECT COORDINATION
A. Site Supervision and Administration
1. Project Field Superintendent
2. Project Field Engineers
3. Project General Superintendent
4. Project Managers
B. Postage
C. Holiday
D. Vacation
E. Subcontractor Coordination
F. Oil and Fuel (Mileage to and from project or office)
G. Travel Expenses (Motel, meals, etc.)
2. FIELD ENGINEERING
A. Surveying
B. Project Layout
C. Layout Equipment & Supplies
3. REGULATORY REQUIREMENTS
A. Special Inspections
B. Stormwater Management
C. Plan Review & Building Permit (Paid by Owner)
D. Use or Special Taxes (Paid by Owner)
4. INSURANCE AND BONDS
A. Performance Bond
B. Payment Bond
C. Liability Insurance
D. Auto Insurance
E. Equipment Insurance
5. CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
A. Mobilization & Demobilization
B. Field Offices & Storage Trailers
C. Temporary Utilities (Tap, Hookup, Service)
1. Electricity & Lighting
2. Heating & Ventilation
3. Telephone
4. Internet & Computer
5. Water
6. Sanitary Facilities
7. Fire Protection
D. Construction Aids
1. Elevators, Hoist, Lifts, Etc.
2. Scaffold and Platforms
3. Stairways & Ladders for work access
4. Weather Protection
Professional Services Agreement - Work Order Type
7491 Block 321 CM/GC Improvements Page 16 of 18
E. Barriers & Enclosures
1. Temporary Enclosures
2. Safety & Security Enclosures
3. Tree & Plant Protection
4. Cold Weather Protection
F. Access Roads & Temporary Parking
1. Gates & Barriers
2. Tracking from site
3. Snow Removal
G. Temporary Controls
1. Jobsite Cleanup
2. Recycling
3. Trash Removal
4. Dump Fees
5. Dust, Erosion & Noise Control
6. Protection of Finished Work
6. MATERIAL AND EQUIPMENT
A.
Transportation & Handling
B.
Storage & Protection
C.
Small Tools
D.
Equipment Rental
E.
Fuel for Equipment
F.
Vehicles
SAFETY AND SECURITY
A. Safety Supplies
B. Fire Protection (Fire Extinguishers)
C. First Aid Supplies
D. Required Safety Equipment
E. Safety Officer
F. Drug Testing
8. CONTRACT CLOSE OUT
A.
Final Cleaning
B.
Commissioning
C.
Systems Training
D.
Project Record Documents
E.
Operation & Maintenance Data
F.
Project Warranty Management.
Professional Services Agreement - Work Order Type
7491 Block 321 CWGC Improvements Page 17 of 18
EXHIBIT D
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to
this Agreement (the "Agreement"), the Professional hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as "information") that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Professional has agreed to perform, the Professional hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the
City) . The Professional shall not disclose any such information to any person not having a
legitimate need -to -know for purposes authorized by the City. Further, the Professional shall not
use such information to obtain any economic or other benefit for itself, or any third party, except
as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Professional shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional shall promptly return to the City any and all information
described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Professional understands and agrees that the City's remedies at law for a breach of the
Professional's obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
Professional services Agreement - Work Order Type
7491 Block 321 CM/GC Improvements Page 18 of 18
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 Professional and mailed no later than ninety
(90) days prior to contract end.
5. Early Termination by City/Notice. 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 Professional. Such notice shall be delivered 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:
Professional:
City:
With Copy to:
Adolfson & Peterson Construction
City of Fort Collins
City of Fort Collins
Attn: Eric Kimmelshue
Attn: Brian Hergott
Attn: Purchasing
797 Venutra Street
PO Box 580
PO Box 580
Aurora, CO 80011
Fort Collins, CO 80522
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
6. Design, Proiect Insurance and Insurance Responsibility. The Professional shall
be responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City its officers and employees, in accordance with
Colorado law, from all damages whatsoever claimed by third parties against the City and for the
Professional services Agreement - Work Order Type Page 2 of 18
7491 Block 321 CM/GC Improvements
City's costs and reasonable attorney's fees arising directly or indirectly out of the Professional's
negligent performance of any of the services furnished under this Agreement. The Professional
shall maintain commercial general liability insurance in the amount of $500,000 combined single
limits and errors and omissions insurance in the amount of $1,000,000.
7. Compensation. In consideration of services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit "B", consisting of four (4) page(s), attached hereto and incorporated herein
by this reference. At the election of the City, each Work Order may contain a maximum fee,
which shall be negotiated by the parties hereto for each such Work Order. Monthly partial
payments based upon the Professional's billings and itemized statements are permissible. The
amounts of all such partial payments shall be based upon the Professional's City -verified
progress in completing the services to be performed pursuant to the Work Order and upon
approval of the Professional's direct reimbursable expenses. Final payment shall be made
following acceptance of the work by the City. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by the Professional shall become the sole
property of the City.
8. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
9. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
information on the project as constructed. Drawings shall be of archival, prepared on stable
mylar base material using a non -fading process to provide for long storage and high quality
reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in and
AutoCAD version no older then the established city standard.
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7491 Block 321 CWGC Improvements
10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on
any Work Order and every thirty days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Work Order,
Work Schedule and other material information. Failure to provide any required monthly report
may, at the option of the City, suspend the processing of any partial payment request.
11. Independent Contractor. The services to be performed by Professional are those
of an independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder for the
payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
12. Subcontractors. Contractor may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. Contractor may, however, subcontract the work or other portions of the
Work by providing notice to the City of its intent to do so. If any of the Work is subcontracted
hereunder (with the consent of the City), then the following provisions shall apply: (a) the
subcontractor must be a reputable, qualified firm with an established record of successful
performance in its respective trade performing identical or substantially similar work, (b) the
subcontractor will be required to comply with all applicable terms of this Agreement, (c) the
subcontract will not create any contractual relationship between any such subcontractor and the
City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the
work of the subcontractor will be subject to inspection by the City to the same extent as the work
of the Contractor.
13. Personal Services. It is understood that the City enters into this Agreement
based on the special abilities of the Professional and that this Agreement shall be considered as
an agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
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7491 Block 321 CM/GC Improvements
14. Acceptance Not Waiver. The Citys approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The
Citys approval or acceptance of, or payment for, any of the services shall not be construed to
operate as a waiver of any rights or benefits provided to the City under this Agreement.
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.
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 representatives, successors and assigns of said parties.
18. Law/Severability. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement. 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.
19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
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7491 Block 321 CWGC Improvements
C.R.S., et. seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Professional will participate in either the a -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. Professional 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. Professional 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 Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
Notify such subcontractor and the City within three days that Professional
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
Professional Services Agreement - Work Order Type Page 6 of 18
7491 Block 321 CM/GC Improvements
cease employing or contracting with the illegal alien; except that Professional
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. Professional 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 Professional 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, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
20. Special Provisions. Special provisions or conditions relating to the services to
be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of two (2)
page(s), and Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by
this reference.
Professional Services Agreement - Work Order Type Page 7 of 18
7491 Block 321 CWGC Improvements
THE CITY O j
OLLINS, O ORADO
By:
G Paul
Director of Purchasing & Risk Management
Date: If/ L? I t ,
AP Mountain States, LIB dba
0
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
(Corporate Seal)
Corporate Secretary
Professional services Agreement - Work Order Type
7491 Block 321 CM/GC Improvements
Page 8 of 18
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
ADOLFSON & PETERSON CONSTRUCTION
DATED:
Work Order Number:
Purchase Order Number:
Project Title: 7491 Block 32 CM/GC Improvements
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 _ L) pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
Project Manager
Project Manager
City of Fort Collins
By:
Gerry Paul
Director of Purchasing and Risk Management
(over $60,000.00)
Date:
Professional Services Agreement - Work Order Type
7491 Block 321 CM/GC Improvements
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