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HomeMy WebLinkAbout 19-59 CCGI Agrmnt Construction Engineering Services Wooster Ave St Replacement ProjRESOLUTION 19-59 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND COLORADO CIVIL GROUP, INC., FOR CONSTRUCTION ENGINEERING SERVICES FOR THE WOOSTER AVENUE STREET REPLACEMENT PROJECT WHEREAS, the Town of Firestone is in need of construction engineering services for its Wooster Avenue Street Replacement Project ("Project"); and WHEREAS, Colorado Civil Group, Inc., has the skill and experience to perform the construction engineering services required for the Project; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and Colorado Civil Group, Inc., for construction engineering services for the Wooster Avenue Street Replacement Project is approved in substantially the same form as the copy.attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 1 Otl' day of July, 2019. • . _ • .A IIL" AS TO FORM: Williar 1�.�Hayashi, Town Attorney AGREEMENT foI PROFESSIONAL ENGINEERING SERVICES for WOOSTER AVENUE WATERLINE REPLACEMENT PROJECT CONSTRUCTION OBSERVATION, CONTRACT ADMINISTRATION, and CONSTRUCTION STAKING Project No. 0668.0184.09 This is an AGREEMENT made between THE TOWN OF FIRESTONE, a Colorado statutory Town (TOWN) and COLORADO CIVIL GROUP, INC., a Colorado Corporation (ENGINEER). Whereas., the TOWN .desires to have certain engineering services performed by ENGINEER relative to construction engineering for the Wooster Avenue Waterline Replacement Project located in the Town of Firestone, Weld County, Colorado. Whereas, the ENGINEER is duly accredited and this AGREEMENT provides for said professional engineering services. Therefore, TOWN and ENGINEER, in consideration of their mutual covenants herein, agree in respect of the performance of professional engineering services provided by ENGINEER and the payment for those services by OWNER as set forth in Sections 1 through 4 below. SECTION 1 -Basic Services For the purposes of this AGREEMENT, the Basic Services shall include construction observation and certain construction engineering tasks, as further described herein, relative to the Wooster Avenue Waterline Replacement (the "Project). Observations shall be performed using the approved Contract Documents including plans and specifications and criteria, manuals and guides referenced therein. Specific tasks to be performed shall be: 1.1 Construction Observation The ENGINEER shall provide staff to perform part-time inspection and observation of work performed by the construction contractor (the "Contractor") in association with the Project. The work to be performed by the contractor is as set forth in the construction contract documents for the Project and is sometimes herein referred to as the "Work." The Work for construction observation shall consist of waterline construction and associated work. 1.1.1 ENGINEER will utilize its own personnel to perform part-time observation of the performance of the Work of the Contractor. i A. ENGINEER dealings in matters pertaining to the on -site Work will in general be with Contractor keeping the TOWN advised as necessary. His dealings with Subcontractors will only be through or with the full knowledge and approval of Contractor. B. Duties and Responsibilities: ENGINEER will: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals, schedule of values and other schedules prepared by Contractor. ENGINEER will make recommendations to TOWN regularly and upon request. 2. Conferences and meetings: Attend meetings with Contractor, such as pre -construction conferences, progress meetings and other job conferences and other project related meetings, and prepare and circulate copies of minutes thereof. 3. Shop Drawings and Samples: a. Record date of receipt of Shop Drawings and samples. b. Receive samples which are furnished at the site by Contractor for ENGINEER Is review, and notify ENGINEER of their availability for examination. c. Advise Contractor of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. d. Shop drawings will be approved by ENGINEER with concurrence of TOWN. 4. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on -site observations of the Work in progress to assist TOWN in determining that the Work is proceeding in accordance with the Contract Documents. b. Report to TOWN whenever ENGINEER believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspections, tests or approvals required to be made; and advise TOWN when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems start-ups and operations and maintenance training are conducted in presence of the appropriate personnel, and that Contractor maintains adequate records thereof; observe record and report to TOWN appropriate details relative to the test procedures and start-ups. d. Accompany visiting inspectors of other public or private agencies having jurisdiction over the Project, record in writing the results or these inspections and report to TOWN. 5. Interpretation of Contract Documents: Report to TOWN when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarification and interpretation of the Contract Documents as issued by ENGINEER. 6. Modifications: Consider and evaluate Contractor's suggestions for modification in Drawings or Specifications and report with his recommendations to TOWN. Transmit to Contractor decisions issued by ENGINEER. 7. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions or original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the AGREEMENT, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports and other Project related documents. b. Keep a diary, daily report form, or log book, recording hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders, or changed conditions, list of job site visitors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. c. Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of equipment and materials. d. Provide complete copies of all records to TOWN at completion of project and furnish individual records to TOWN upon request by TOWN or as needed. 8. Reports: a. Furnish TOWN periodic reports, as required of the progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawings and sample submittals. b. Consult with TOWN in advance of scheduled major tests, inspections or start of important phases of the Work. c. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from Contractor and recommend to TOWN Change Orders, Work Directive Changes, and Field Orders. d. Report immediately to TOWN upon the occurrence of any accident. 9. Payment Requests: a. Review applications for payment with Contractor and TOWN for compliance with the established procedure for their submission, noting particularly the relationship of the payment request to the schedule of values, Work completed, and materials and equipment delivered at the site but not incorporated in the Work. b. ENGINEER will process pay applications with cut-off date for each month falling on the last day of every month. ENGINEER will prepare pay applications and present recommendation to TOWN in a timely manner. c. ENGINEER will prepare change orders and submit to TOWN with recommendations regarding payment. d. ENGINEER will not be responsible for delivery of payment from TOWN to Contractor. 10. Certificates, Maintenance and Operation Manuals: During the Course of Work verify that certifications, maintenance and operations manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to TOWN prior to final payment of the Work. 11. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, meet with TOWN, and then submit to Contractor a list of observed items requiring correction or completion. b. Conduct final inspection in the company of TOWN and Contractor and prepare a final list of items to be corrected or completed. c. Observe that all items on final list have been corrected or completed and make recommendations to TOWN concerning acceptance. C. Limitation of Authority: 0 1.2 ENGINEER shall not: 1. Exceed limitations of ENGINEER's authority as set forth in the Contract Documents, 2. Undertake any of the responsities of Contractor, Subcontractors, or Contractor's superintendent. 3. Advise on, or issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents, 4. Advise on or issue directions regarding or assume control over safety precautions and programs in connection with the Work. 5. Accept Shop Drawing or sample submittals from anyone other than Contractor. 6. Authorize TOWN to occupy the Work in whole or in part. 1.1.2 The ENGINEER shall provide part-time inspections of adequate detail to determine that the work generally complies with the approved construction plans, standards and criteria, and general construction practices and standards. The ENGINEER shall work with the contractors and'TOWN's geotechnical consultants to ensure that all necessary tests are performed and properly reported (trench backfill and compaction, street subgrade preparation/proof rolls, asphalt placement and compaction, concrete forms/reinforcement/ placement and strength testing, welding, etc...). 1.1.3 ENGINEER shall render their services in accordance with generally accepted standards and practices as such standards and practices are normally exercised in the performance of professional standards of a similar nature in the Denver metropolitan area. Contract Administration 1.2.1 ENGINEER will provide certain services related to management and administration of the Project including: A. Coordination of construction staking. B. Coordination of materials testing. C. Coordination with other jurisdictions, D. General contract administration. E. Preparation and processing of payment applications. F. Preparation and processing of change orders, as needed. 5 G. Construction contract closeout. H. Requirements of Article 9 of the General Conditions of the Ramland Waterline Replacement Project. Provide TOWN with weekly status reports and copies of any records kept according to Section 1.1 Construction Observation upon TOWN's request. 1.3 Construction Staking and Surveying The ENGINEER will provide construction staking in accordance with Section 01400 —Quality Control of the project manual for the Wooster Avenue Waterline Replacement Project. This effort shall include: 1. Horizontal and vertical control. 2. Offset grade and alignment stakes every 50 feet for pipe, bends/fittings, valves, boring/casing, hydrants, and services. 3. As -built survey of completed improvements. 1.4 Stakeout The ENGINEER shall prepare all of the construction stakeouts necessary to accomplish the surveying described in 1.3 above. SECTION 2 -Additional Services Services not contemplated in Section 1 may be required of ENGINEER from time to time by the Board of Trustees or the Board's designee. If such work is to be performed as typical duties of the Town Engineer, as determined by the TOWN and the ENGINEER, a change order to the AGREEMENT will be prepared and presented to the TOWN prior to initiation of said work. Descriptions of additional services, compensation, and period -of -services adjustments will be presented in the change order, prior to starting any additional services. In addition, it is anticipated that the ENGINEER will be requested to prepare engineering designs, studies, and/or surveys that exceed either the scope or the estimated costs described in Section 1.1. Under those circumstances, if requested by the TOWN, the ENGINEER and the TOWN will enter into a separate Agreement to better define the scope, schedule, and fees of that specific project. Specific services not included in this AGREEMENT include, but are not limited to: 2.1 Building inspection services, including foundation, electrical, plumbing/heating inspections, or any other duties assigned to the TOWN building inspector or building official. 2.2 Geotechnical or materials testing. 2.3 Easement negotiations. 2.4 Enforcement of County, State, or Federal regulations pertaining to construction site safety, pollution, hazard mitigation, endangered or threatened species, etc.... C^ SECTION 3 - Period of Service• Service Nonexclusive The Period of Service for this work shall commence upon the signing of this AGREEMENT by the TOWN and shall end at the pleasure and convenience of the TOWN Board of Trustees, as stipulated in Section 6.1.2. Work shall progress in a timely manner to support the schedules established by the TOWN and ENGINEER. The TOWN may employ, at its expense and outside the terms of this AGREEMENT, other engineers that the TOWN Board of Trustees determines to be necessary. SECTION 4 -Compensation 4.1 Methods of Payment for Services and Expenses of Engineer 4.1.1 Services provided under Section 1 —Basic Services, will be based on hourly rates plus expenses according to the ENGINEER's current and approved Schedule of Fees (Exhibit A), estimated not to exceed $28,000,00, 4.1.2 Services authorized and provided under Section 2 -Additional Services, will be based on hourly rates plus expenses according to the ENGINEER'S then current Schedule of Fees, (Exhibit A). 4.1.3 The parties may revise the Schedule of Fees set forth on Exhibit A at any time during this AGREEMENT. Any such revised Schedule shall become effective upon approval and execution by the parties, with a copy of such revised Schedule to be attached to this AGREEMENT as a revised Exhibit A. 4.2 Times of Payments The ENGINEER shall submit monthly invoices for work actually completed and costs incurred at the time of billing. 4.3 Other Provisions Concerning Payments 4.3.1 If TOWN fails to make any payment due ENGINEER for services and expenses within forty-five days after receipt of ENGINEER's invoice, the amounts due ENGINEER will be increased at the rate of 1 %2% per month from said forty fifth day, and in addition, ENGINEER may, after giving seven days' written notice to TOWN, suspend services under this AGREEMENT until ENGINEER has been paid in full all amounts due for services, expenses, and charges. 4.3.2 In the event of termination by TOWN under paragraph 6.1.2 upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by the TOWN during any phase of the Basic Services, ENGINEER will be paid for services rendered during that phase on the basis of ENGINEER's hourly rates based on the current Schedule of Fees for services rendered during that phase to date of termination by ENGINEER's principals and employees engaged directly in work for the TOWN. In the event of any such termination, ENGINEER also will be reimbursed for the charges of independent 7 professional associates, consultants and subcontractors employed by ENGINEER and authorized by the TOWN to render Basic Services through ENGINEER and for all unpaid Additional Services and unpaid Reimbursable Expenses, plus all termination expenses. Termination expenses mean Reimbursable Expenses directly attributable to termination. 4.3.3 It is understood and agreed that the TOWN, and not any landowner subject to a reimbursement agreement with the TOWN, is responsible for all payments under this AGREEMENT. SECTION 5 - TOWN's Responsibilities TOWN shall do the following in a timely manner so as not to delay the services of ENGINEER: 5.1 As appropriate, designate responsible representatives to provide direction to the ENGINEER with respect to services provided pursuant to this AGREEMENT. The TOWN Board of Trustees or its delegatee shall transmit instructions, receive information, interpret and define TOWN's policies and decisions with respect to ENGINEER's services provided pursuant to this AGREEMENT. 5.2 Provide all criteria and full information as to TOWN's requirements as necessary for performance of ENGINEER's services, including, with respect to TOWN projects, design or project objectives and constraints, space capacity and performance requirements, flexibility and expendability, and any budgetary limitations. 5.3 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to TOWN projects. 5.4 Unless otherwise agreed by the TOWN and ENGINEER, the TOWN shall be responsible for negotiating and acquiring all required properties and/or easements necessary for any TOWN projects. SECTION 6 -General Considerations 6.1 Termination 6.1.1 The obligation to provide further services under this AGREEMENT may be terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Upon receipt of the written notice to terminate the defaulting party shall have ten days to cure the default to the satisfaction of the terminating party. 6.1.2 Termination for convenience: The TOWN Board of Trustees shall, at its sole option and absolute discretion, have the right to terminate this AGREEMENT and remove ENGINEER from the position of TOWN ENGINEER for any reason whatsoever by providing ENGINEER with a written notice to terminate to be effective upon five (5) days after notifying ENGINEER by registered mail, return receipt requested. ENGINEER hereby waives any rights to a charge in writing or an opportunity to be heard prior to removal. 6.1.3 At the time of any termination, ENGINEER shall promptly deliver to the TOWN or its designee all documents and materials, including but not limited to reports, plans, drawings, specifications, computer input and output, analyses, data, electronic files, and other materials of any kind, prepared or furnished by ENGINEER (and ENGINEER's independent professional associates, consultants and subcontractors) pursuant to this AGREEMENT. The delivery of such materials shall be without further charge or expense to the TOWN other than Termination expenses. 6.2 Reuse of Documents All documents and materials, including but not limited to reports, plans, drawings, specifications, computer input and output, analyses, data, electronic files, and other materials of any kind, prepared or furnished by ENGINEER (and ENGINEER's independent professional associates, consultants and subcontractors) pursuant to this AGREEMENT, are documents and property of the TOWN. The TOWN acknowledges that documents provided by ENGINEER for specific projects are not intended or represented to be suitable for reuse by TOWN or others on extensions of such projects or on any other projects; any such reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at the TOWN's sole risk and without liability or legal exposure to ENGINEER: Any such verification or adaptation requested by the TOWN will entitle ENGINEER to further compensation at rates to be agreed upon by TOWN and ENGINEER. 6.3 Insurance and Indemnification 6.3.1 ENGINEER shall procure and maintain insurance for protection from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. The workers' compensation insurance carried by ENGINEER shall be in accordance with statutory law and include employers' liability insurance with a limit of not less than $100,000 per accident, $500,000 disease, policy limit and $100,000 disease limit each employee. The general liability insurance carried by ENGINEER shall have minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate, shall include the TOWN as additional insured, with primary coverage as respects the TOWN, and shall contain a severability of interests provision. ENGINEER shall also procure and maintain professional liability insurance with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate. All required insurances shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by ENGINEER pursuant to this AGREEMENT. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured by the ENGINEER to maintain such continuous coverage. Certificates of insurance evidencing such coverages shall be provided to the TOWN upon request. 6.3.2 ENGINEER shall also procure and maintain continuously comprehensive automobile liability insurance with minimum combined single limits for bodily injury and property damage of not less than $150,000 per person in any one occurrence r� and $500,000 for two or more persons in any one occurrence, and auto property damage insurance of at least $50,000 per claim, with respect to each of ENGINEER's, hired or non -owned vehicles assigned to or used in performance of the services under this AGREEMENT. The policy shall include the TOWN as additional insured with primary coverage as respects the TOWN and shall contain a severability of interests provision. 6.3.3 ENGINEER shall indemnify and hold the TOWN harmless against (1) claims by any employee of ENGINEER for compensation, fringe benefits of any kind whatsoever (including without limitation, pension rights or payments, insurance of any kind, reimbursement of medical expenses, vacation pay, sick leave or sick pay), or indemnification for tort claim damages or similar claims for damages (e.g. Section 1983 claims); and (2) claims by any other party for injury, loss or damage which arise out of or are connected with the services hereunder, if such injury, loss or damages is caused by the negligent, unlawful, or willful and wanton act or omission on the part of any ENGINEER employee acting pursuant to this AGREEMENT. 6.3.4 The ENGINEER or its employees shall not be deemed to assume any liability for intentional or negligent acts or omissions of the TOWN or any officer, agent, or employee thereof. The TOWN shall be responsible for such acts or omissions in the manner and to the extent provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et. seq. (CGIA). 6.3.5 The parties hereto understand and agree that the TOWN is relying on, and does not waive or intend to waive by any provision of this AGREEMENT, the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the CGIA, as from time to time amended, or otherwise available to the TOWN, its officers, or its employees. 6.4 Limitation of Liability TOWN, in consideration of the fees negotiated hereunder, specifically agrees to limit the liability of ENGINEER and its officers, directors, shareholders, partners, agents and employees for all damages of any kind or nature associated with errors or omissions of the ENGINEER for services rendered under this AGREEMENT, to the sum of $500,000.00 annual aggregate. 6.5 Controlling Law This AGREEMENT is to be governed by the law of the State of Colorado. 6.6 Successors and Assigns 6.6.1 TOWN and ENGINEER each is hereby bound, and the partners, successors, executors, administrators, assigns, and legal representatives of TOWN and ENGINEER are hereby bound to the other party to this AGREEMENT and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this AGREEMENT. 10 6.6.2 Neither TOWN nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent professional associates, consultants and subcontractors as ENGINEER may deem appropriate to assist in the performance of services hereunder; provided, however, that proposed use of any such associates, consultants and independent contractors, and the costs and fees for the services thereof, shall be subject to the prior written approval of the TOWN, which may be granted or withheld by the TOWN in its sole discretion. ENGINEER shall cause any associate, consultant or subcontractor providing services hereunder to procure and maintain those insurance coverages required by Section 6.3 above. 6.6.3 Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone other than TOWN and ENGINEER, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and exclusive benefit of TOWN and ENGINEER and not for the benefit of any other party. 6.7 Enforcement In the event that suit is brought upon this AGREEMENT to enforce its terms, the prevailing party shall be entitled to its reasonable attorneys' fees and related court costs. 6.8 Quality of Work ENGINEER'S professional services shall be in accordance with the prevailing standard of practice normally exercised in the performance of professional services of a similar nature in the Denver metropolitan area. 6.9 Inspection The TOWN and its duly authorized representatives shall have access to any books, documents, papers, and records of the ENGINEER and its subcontractors that are related to this AGREEMENT for the purpose of making audit, examination, excerpts, and transcriptions. 6.10 Compliance with laws; Work by Illegal Aliens Prohibited 6.10.1 ENGINEER shall be solely responsible for compliance with all applicable federal, state, and local laws concerning its pertormance of services under this AGREEMENT; for payment of all applicable taxes; and obtaining and keeping in force all applicable licenses and certificates. 6.10.2 Exhibit B, the "Town of Firestone Public Services Contract Addendum -Prohibition Against Employing Illegal Aliens", is attached hereto and incorporated herein by 11 reference. There is also attached hereto a copy of ENGINEER's Pre -Contract Certification which ENGINEER has executed and delivered to the TOWN prior to ENGINEER's execution of this AGREEMENT. This AGREEMENT (consisting of pages 1 to 12, inclusive), and the attached Exhibits A and B, constitute the entire AGREEMENT between TOWN and ENGINEER and supersede all prior written or oral understandings, This AGREEMENT and said Exhibits may only be amended, supplemented, modified, or canceled by duly executed written instrument. In witness whereof, the parties hereto have made and executed this AGREEMENT as of the day and year signed by the TOWN. TOWN ` JU4Imat Attest: �A4\j Leah Vandersall, Town Clerk pb�y6TOWN 0Q 6mail & Y; 12 CDLORA®O C1V1L GRDUP, lldC. (ENGINEER) David B. Lindsay, President ENGINEERS ($/hr) Senior Project Engineer Project Engineer Design Engineer Exhibit A 2 319 Summary of Fees $90 - $120 $80 - $100 CONSTRUCTION INSPECTION ($/hr) Senior Inspector Inspector $55 - $70 DESIGNER/CAD TECH ($/hr) Senior Designer/Tech Designer/CAD Tech $45 - $60 .ADMINISTRATION/SUPPORT SERVICES ($/hr) Secretarial/Clerical $35 - $50 REIMBURSABLES Mileage Copies (standard in-house) Labor Rate Copies (standard out -sourced) Cost + 5% Copies (24x36 in-house) Labor Rate Copies (24x36 out -sourced) Cost + 5% Miscellaneous Expenses Cost + 5% Sub -Consultants Cost + 5% 13 Exhibit B Town of Firestone Public Services Contract Addendum Prohibition Against Employing Illegal Aliens Prohibition Against Employing Illegal Aliens. Colorado Civil Group, Inc. (ENGINEER) shall not knowingly employ or contract with an illegal alien to perform work under this contract. ENGINEER shall not enter into a contract with a subcontractor that fails to certify to the ENGINEER that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. ENGINEER has verified or attempted to verify through participating in the basic pilot program as defined in C.R.S. Section 8-17.5-101(1) ("Program") that ENGINEER does not employ any illegal aliens and, if ENGINEER is not accepted into the Program prior to entering into this contract, that ENGINEER shall apply to participate in the Program every three months until ENGINEER is accepted or the contract has been completed, whichever is earlier. This provision shall not be required or effective if the Program is discontinued. ENGINEER is prohibited from using the Program procedures to undertake pre -employment screening of job applicants while this contract is being performed. If ENGINEER obtains actual knowledge that a subcontractor performing work under this contract for services knowingly employs or contracts with an illegal alien, ENGINEER shall: a. Notify the subcontractor and the TOWN within three days that the ENGINEER has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the ENGINEER 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. ENGINEER shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. Section 8-17.5-102(5). If ENGINEER violates a provision of this Contract required pursuant to C.R.S. Section 8-17.5- 102, the TOWN may terminate the contract for breach of contract. If the contract is so terminated, the ENGINEER shall be liable for actual and consequential damages to the TOWN. 14 The proposer of public services to the Town of Firestone identified below (hereafter "the Proposer"), hereby certifies as follows: That at the time of providing this certification, Proposer does not knowingly employ or contract with an illegal alien, and that Proposer has participated in or attempted to participate in the Basic Pilot Program administered by the United States Department of Homeland Security in order to verify that it does not employ any illegal aliens. Dated this day of �% _r , zu . Proposer: Colorado Civil Group, Inc. Title: President