HomeMy WebLinkAbout102722 JUNIPER DBA OFFICE SCAPES - CONTRACT - BID - 26134 5970 COF AND CSU TRANSIT FURNISHISHINGSSERVICES AGREEMENT
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 Jgraperl-CLC, (dba Officescapes), hereinafter referred to as "Service
J�iter� , c
Provider". UZ §4 � �jN
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 Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of twenty-two (22) pages and
incorporated herein by this reference.
2. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within ten (10) days following execution of this
Agreement. Services shall be completed no later than October 31, 2006. Time is of the essence.
Any extensions of the time limit set forth above must be agreed upon in a writing signed by the
parties.
3. Contract Period. 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.
4. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such, cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
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
3.01 SERVICE PROVIDER'S DUTIES:
A. Except as otherwise specified, furnish the following to the full extent required by the Contract.
1. Labor, superintendence, and products.
2. Construction equipment, tools, machinery, and materials.
3. Other facilities and services necessary to properly execute and complete the work,
including security for Worksite and protection of all materials awaiting incorporation into
the Work.
B. Prosecute the Work as specified and in a timely manner. Submit schedule of Work which will be
performed at times other than during the eight -hour working day of Monday through Friday,
daylight hours, and five-day working week to the Owner for review and acceptance not less than
forty-eight (48) hours in advance of those times. Construction operations will normally be
confined to the hours between dawn and dusk. Approval to work at night may be obtained after
Service Provider presents a written program outlining special precautions to be taken to control
the extraordinary hazards presented by night work. That program shall include, but not be limited
to, supplementary lighting of work areas, availability of medical facilities, security precautions,
and noise limitations.
3.02 COORDINATION:
A. Coordinate prosecution of Work with those public utilities, governmental bodies, private utilities,
and other contractors, performing work on, and adjacent to, the Worksite. Eliminate or minimize
delays in the Work and conflicts with those utilities, bodies, and contractors. Schedule
governmental, private utility, and public utility work which relies upon survey points, lines, and
grades established by the Service Provider, to occur immediately after those points, lines, and
grades have been established. Confirm coordination measures for each individual case with the
Owner in writing.
B. In the coordination effort with Work by others, the Service Provider shall obtain and refer to
equipment locations and other layouts, as available, to avoid interface problems.
C. The Owner reserves the right to permit access to the site of the Work for the performance of
Work by other contractors and persons at such times that the Owner deems proper. The
exercise of such reserved right shall in no way, or to any extent relieve the Service Provider from
liability for loss and damage to the work due to, or resulting from its operations or from
responsibility for complete execution of the Contract. The Service Provider shall cooperate with
other contractors and persons in all matters requiring common effort.
3.03 SERVICE PROVIDER USE OF WORKSITE:
A. Confine worksite operations to areas permitted by law, ordinances, permits, and the Contract.
B. Consider the safety of the Work and that of the people and property on and adjacent to the
Worksite when determining amount, location, movement, and use of materials and equipment on
Worksite.
C. Do not load Worksite with equipment and products which would interfere with the Work. Only
equipment, tools or materials required for this Work may be stored at the Worksite.
D. Protect products, equipment and materials stored on Worksite.
4 MEASUREMENT
4.01 METHOD OF MEASUREMENT:
A. No separate measurement shall be made for work under this Section.
PAYMENT
5.01 METHOD OF PAYMENT:
A. Supply a copy of the Order Form for initial payment, less 10% retainage.
B. Supply progress payment(s), less 10% retainage.
END OF SECTION 01010
SECTION 01020-ADMINISTRATION AND SUPERVISION
The General Conditions, Supplementary General Conditions and Division 1, General Requirements are hereby
made a part of this section as fully as if repeated herein.
GENERAL
1.01 LAYOUTS AND LEVELS
A. General: Working from lines and levels established, and as shown in relation to the work,
establish and maintain bench marks and other dependable markers to set the lines and levels for
the work of construction as needed to properly locate every element of the work of the entire
project. Calculate and measure required dimensions as shown (within recognized tolerances if
not otherwise indicated); do not scale the drawings to determine dimensions. Continuously
advise tradesmen performing the work of the marked lines and levels provided for use in the
layout of work.
1.02 PROGRESS SCHEDULE
A. Furnish Project Schedule, as required by the General Conditions, within four weeks of the Notice
of Award. Provide not less than four copies in the form of a Critical Path Method as outlined in
Section 01300, showing start and completion of each activity or unit of work. Provide such
details as required by the Consultant.
1.03 PROJECT RECORD DOCUMENTS
A. Maintain at job site, one copy of:
1. Contract Drawings
2. Specifications
3. Addenda
4. Reviewed Shop Drawings
5. Change Orders
6. Other Modifications to Contract
7. Field Test Records
8. As -Built Drawings
B. Maintain documents in clean, dry, legible condition and do not use record documents for
construction purposes. Make documents available at all times for inspection by the Consultant
and Owner.
C. Label each document "Project Record" in 1" or larger printed letters.
D. Record drawing information in colored pencil with different colors for the various systems and
defined by color legend.
E. Record drawings and specifications shall include the following:
1. Location of internal utilities and appurtenances concealed in construction referenced to
visible and accessible features of structure. Location of concealed valves, dampers,
controls, balancing devices, junction boxes, clean -outs, and other items requiring
access or maintenance.
2. Field changes of dimension and detail, changes made by Change Order or Field Order
and details not on original contract drawings.
3. Fire protection and alarm systems shop drawings.
F. Submit all record drawings to the Consultant at the completion of the project.
1.04 CLEANING
A. Cleaning and Protection Work: At the time each unit of work or element of the construction is
completed in each area of the Project, clean the unit or element to a condition suitable for
occupancy and use (as intended), and restore minor or superficial damage. Replace units and
elements which are damaged beyond successful restoration. Clean and restore adjoining
surfaces and other work which was soiled or damaged (superficially) during the installation;
replace other work damaged beyond successful restoration. Where the performance of
subsequent work could possibly result in damage to the complete unit or element, provide
protective covering or other provisions to minimize possible damage. Repeat cleaning and
protection operations during remainder of construction period, wherever work might otherwise be
damaged by sustained soiling or exposure.
B. During Construction: Oversee cleaning and ensure that building, grounds, and public properties
are maintained free from accumulation of waste materials and rubbish. At reasonable intervals
during progress of work, clean up site and access and dispose of waste materials, rubbish, and
debris. Vacuum clean interior building areas when ready and continue vacuum cleaning on an
as -needed basis until building is ready for acceptance or occupancy.
1.05 COORDINATION
A. The Service Provider shall be responsible for coordinating all the work of the project. The
Service Provider shall coordinate the efforts of all subcontractor(s) and the deliveries of suppliers
so that the work progresses in an orderly fashion without delay towards timely completion of a
complete project in accordance with the drawings and specifications.
B. The Service Provider shall note that concurrent with his work, other contractors, suppliers, and
the Owner's facilities and maintenance personnel may be working in relatively close proximity.
The Service Provider will be solely responsible for coordinating his work with that of other
contractors and will make no claims for failure to do so.
C. The Service Provider shall coordinate with the Owner and its vendors to provide safe access to
the building and to facilitate installation of the Owner -furnished equipment.
D. The Service Provider shall be responsible for securing and protecting all tools, equipment, and
supplies.
1.06 METHODS OF CONSTRUCTION
A. The procedure and method of construction is the prerogative and the responsibility of the
Service Provider. If professional assistance is required to safely implement method of
construction, the Service Provider shall, on his own, employ professional help.
PRODUCTS
(NOT USED)
EXECUTION
(NOT USED)
END OF SECTION 01020
SECTION 01041- PROJECT COORDINATION
The following submittals must be completed
a.) Scaled Layout Drawings w/ Field Dimensions
b.) Samples of all Finish Materials
c.) Warranty Data
d.) Maintenance Data
GENERAL
1.01 SUMMARY
A. Service Provider is responsible for all of the work of this contract.
Assign and subcontract portions of the work as required to assure that all work is constructed
in compliance with these documents.
Coordinate the work of the several subcontractors for the project.
Coordinate work of this contract with work by separate contractors.
B. Each subcontractor shall:
Coordinate work of his own employees and subcontractors.
Expedite his work to assure compliance with schedules.
Comply with orders and instructions of owner.
CONSTRUCTION ORGANIZATION AND START-UP
A. Establish on -site lines of authority and communications.
Attend pre -construction meeting with subcontractors upon commencement of the project.
Establish procedures for intra-project communications.
a. Submittals.
b. Reports and records.
C. Recommendations.
d. Coordination Drawings.
e. Schedules.
f. Resolution of conflicts.
Interpret Contract Documents.
a. Consult with the Owner to obtain interpretation.
b. Measure Final Construction to assure dimensions of Furniture specified for
correct installation
C. Assist in resolution of questions or conflicts which may arise.
d. Transmit written interpretations to subcontractors, and to other concerned
parties.
1.03 SERVICE PROVIDER DUTIES
A. Construction Schedules.
Coordinate schedules with several subcontractors.
Monitor schedules as work progresses.
B. Process Shop Drawings, Product Data and Samples.
Review for compliance with Contract Documents.
a. Field dimensions and clearance dimensions.
b. Relation to available space.
C. Relation to other trades, equipment and systems.
d: Submit to Owner.
C. Inspection and Testing.
1. Inspection work to assure performance in accord with requirements of Contract
Documents.
a. Reject work which does not comply with requirements of Contract
Documents.
D. Monitor Service Provider's periodic cleaning.
Enforce compliance with specifications.
Resolve any conflicts.
E. Coordinate changes.
Recommend necessary or desirable changes.
Assist owner in negotiating change orders.
F. Maintain Reports and Records at Job Site available to Owner and Subcontractors.
Records
a. Contracts.
b. Purchase orders.
c. Materials and equipment records.
d. Applicable handbooks, codes and standards.
PRODUCTS
(NOT USED)
EXECUTION
(NOT USED)
END OF SECTION 01041
SECTION 01700- CONTRACT CLOSEOUT
GENERAL
1.01 WORK INCLUDED
A. Work specified in this section includes procedures required prior to acceptance of Work in
addition to those specified in General Conditions and technical specification section 01720.
1.02 PREPARATION FOR FINAL INSPECTION
A. Before requesting inspection for final acceptance of the Work by Owner, inspect, clean, and
repair the Work as required.
1.03 FINAL INSPECTION
A. When the Service Provider considers that the Work is complete, he shall submit written
certification that:
1. Work has been inspected for compliance with Contract Documents.
2. Work has been completed in accordance with Contract Documents.
3. Work is ready for final inspection.
4. All damaged or destroyed real, personnel, public or private property has been
repaired or replaced.
5. All operation and maintenance manuals have been submitted and all training has
been completed.
6. All personnel badges and vehicle permits have been returned.
7. All furniture has been cleaned and polished and all packaging has been removed
from site by Service Provider.
B. The Owner will inspect to verify status of completion with reasonable promptness after receipt
of such certifications. The inspection of the work will be done in accordance with the General
Conditions.
C. If the Owner finds incomplete or defective work:
1. The Owner may, at the Owner's sole discretion, either terminate the inspection or
prepare a punchlist and notify the Service Provider in writing, listing incomplete or
defective work.
2. The Service Provider shall take immediate steps to remedy stated deficiencies and
send second written certification to the Owner that Work is complete.
3. The Owner will then reinspect Work.
1.04 REINSPECTION FEES
A. Should the Owner perform reinspections due to failure of the Work to comply with the claims
of status of completion made by the Service Provider:
1. Service Provider shall compensate Owner for such additional services at the rate of
seventy-five dollars ($75.00) per man hour.
2. Owner shall deduct the amount of such compensation from the final payment to the
Service Provider.
1.05 FINAL ADJUSTMENT OF ACCOUNTS
A. Submit a final statement of accounting to the Owner.
B. Statement shall reflect all adjustments to the Contract Amount:
1. The original Contract Amount.
2. Additions and deductions resulting from:
a. Previous change orders.
b. Allowances.
C. Final quantities for unit price items. Along with this statement shall be detail
backup for the quantities.
d. Deductions or corrected work.
e. Penalties.
f. Deductions for liquidated damages.
g. Deductions for reinspection payments.
h. Other adjustments.
3. Total Contract Amount, as adjusted.
4. Previous payments.
5. Sum remaining due.
C. The Owner will prepare a final change order, reflecting approved adjustments to the Contract
sum which were not previously made by change orders.
1.06 FINAL APPLICATION FOR PAYMENT
A. Service Provider shall submit the final application for payment in accordance with procedures
and requirements stated in the General Conditions.
2 PRODUCTS (NOT USED)
3 EXECUTION (NOT USED)
4 MEASUREMENT
4.01 METHOD OF MEASUREMENT
A. No separate measurement shall be made for work under this Section.
5 PAYMENT
5.01 METHOD OF PAYMENT
A. No separate payment will be made for work under this Section.
END OF SECTION 01700
SECTION 01730- OPERATION AND MAINTENANCE DATA
The General Conditions, Supplementary General Conditions and Division 1, General Requirements are hereby
made a part of this section as fully as if repeated herein.
GENERAL
1.01 DESCRIPTION OF WORK
1. Compile product data and related information appropriate for the Owner's maintenance and
operation of products furnished.
2. Prepare operating and maintenance data as specified in this section and as referenced in
other pertinent sections of specifications.
3. Instruct the Owner, in the maintenance of products and in the operation of equipment and
systems.
1.02 QUALITY ASSURANCE
1. Preparation of data shall be done by personnel:
1. Trained and experienced in maintenance and operation of the described products.
2. Completely familiar with requirements of this section.
3. Skilled as a technical writer to the extent required to communicate essential data.
4. Skilled as a draftsman competent to prepare required drawings.
1.03 SUBMITTALS
1. Prepare data in the form of an instructional manual for use by the Owner. Three copies are
required.
2. Format:
1. Size: 8-112" X 11"
2. Paper: 20 lb. minimum, white, for typed pages.
3. Text: Manufacturer's printed data or neatly typewritten.
4. Drawings:
1. Provide reinforced punched binder tab; bind in with text.
2. Fold larger drawings to the size of text pages.
5. Provide fly -leaf for each separate product or for each piece of operating equipment.
6. Cover: Identify each volume with typed or printed title "OPERATING AND
MAINTENANCE INSTRUCTIONS" List.
3. Title of project and date of completion (month and year).
4. Identify of separate system as applicable.
5. Identify of general subject matter covered in the manual.
BINDERS:
1. Commercial quality, three-ring binders with durable and cleanable plastic covers
shall be provided.
2. When multiple binders are used, correlate the data into related consistent groupings.
1.04 CONTENT OF MANUAL
1. A neatly typewritten table of contents shall be provided for each volume, arranged in a
systematic order with figures and tables listed.
Include the following:
1. Name of responsible installing principal Service Provider, address, and telephone
number.
2. A list of each product required to be included, indexed to the content of the volume.
3. List with each product, the name, address, and telephone number of:
6. Maintenance contractor, as appropriate.
7. Identity of the area of responsibility of each.
8. Local source of supply for parts and replacement.
Identify each product by product name and other identifying symbols.
2. Product Data:
1. Include only those sheets that are pertinent to the specific product.
2. Annotate each sheet to:
9. Clearly identify the specific product or part installed.
10. Clearly identify the data applicable to the installation.
11. Delete references to inapplicable information.
3. Drawings:
1. Supplement product data with drawings as necessary to clearly illustrate:
1. Relations of component parts of equipment and systems.
2. Coordinate drawings with information in project record drawings to ensure correct
illustration of completed installation.
3. Do not use project record drawings as maintenance drawings.
4. Provide written text, as required, to supplement product data for the particular installation:
1. Organize in a consistent format under separate headings for different procedures.
2. Provide a logical sequence of instructions for each procedure.
5. Provide a copy of each warranty, bond, and service contract issued. Provide information
sheets for the Owner and give:
1. Proper procedures in the event of failure.
2. Instances that might affect the validity of warranties or bonds.
1.05 MANUALS FOR MATERIAL AND FINISHES
1. Submit three copies of complete manual in final form.
2. Content for architectural products include applied materials and finishes.
1. Manufacturer's data, giving full information on products.
12. Catalog number, size, and composition.
13. Color and texture designations.
14. Information required for reordering special manufactured products.
2. Instructions for care and maintenance:
15. Manufacturer's recommendation for types of cleaning agents and methods.
16. Cautions against cleaning agents and methods that are detrimental to the
product.
17. Recommended schedule for cleaning and maintenance.
3. Content for moisture -protection and weather -exposed products:
1. Provide manufacturer's data, giving fully information on products.
18. Applicable standards
19. Chemical composition
20. Details of installation
2. Provide instructions for inspection, maintenance, and repair.
1.06 SUBMITTAL SCHEDULE
1 Submit two copies of preliminary draft of proposed formats and outlines of contents prior to
start of work. The Owner will review draft and return one copy with comments.
2. Submit one copy of complete data in final form 15 days prior to final selection or acceptance.
Copy will be returned after final inspection with comments.
3. Submit specified number of copies of approved data in final form prior to acceptance.
1.07 INSTRUCTION OF MANAGEMENT PERSONNEL
1. Prior to final inspection or acceptance, fully instruct the Owner's designated operating and
maintenance personnel in the operation, adjustment, and maintenance of all products,
equipment, and systems.
2. Operating and maintenance manual shall constitute the basis of instruction.
3. Review contents of manual with Owner's personnel in full detail to explain all aspects of
operations and maintenance.
MATERIALS
(NOT USED)
EXECUTION
(NOT USED)
END OF SECTION 01730
termination to the Service Provider. 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 addresses:
City:
City of Fort Collins
Purchasing Division
P.O. Box 580
Fort Collins, CO 80522
Service Provider:
Junjpse-l-t"LC, dba Officescapes
Attn: Susan Wilson
4812McMurry Ave., Suite 180
Fort Collins, CO 80525
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, 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.
6. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, the sum of Forty -Two -Thousand -
Seven -Hundred -Twenty -Seven Dollars and Ten Cents ($42,727.10). Cost breakdown per attached
Exhibit "D".
7. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided under this agreement. All requests concerning
this agreement shall be directed to the City Representative.
8. Independent Service Provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
9. Personal Services. It is understood that the City enters into the Agreement based on
2
L���
IB L%
BIKE SHOP
46
S
G5G5
I G5 rl G5
G5
65
G5
65
n
G5
G5
BREAKROOM L
73
0
MArMINE F/2
FURNITURE KEY
u
r'sr uulR rA-16
9I
V AAC Ess a .W
M tEGTfFM
62
rk%uwlR40AMW
52
45SAt VZ46H ✓MW
I2 Rwy'aEBVNS
cs
TRAIMWOM
ss
rAnW TAB
rog44 m5n IVRL
c4
CAFE OMIR ftW
RE., FW - f12 Fc1R
c5
CAFE uuar TLOV
77
WDLI BMW TAME
cb
cue QtW-Wrls®
T2
cage rAaT
IIFAFMS4i7dl
67
B MAC5(FSW
T3
56-Dbt aME TAME
RBAM2TD
66
FSAZA OM (EX 77AW
T4
60 TAME
B
TS
LMY FAME - M&Y
t. M IkcTLREKS
DI
DESK
16
LCEBY TAME - LON
AAV
rT
RAZA MRE(EAT M6)
PdiFBdSf.4
11 ENTRY
l32
7/
73A
TRAINING
69 I
r2
GL05ET
69A
DATA/TGOM
R A 70
i
L z
■
FIR5T FLCOR FURNITURE FLAN A
5GALE I/0' = IV'
o�
�o
r F-
w
U w
a:
O N
c M
� G�
V '<<
zZ
_ <
C✓
LL
J
U�
I— G
z�
r
z 'J
� °z
Zrj
p�
o�
1
S?
u
mc7R
El
MATGNLINE F3
O2
TASK OIHIR(`J/o A9FJ-W
52
456M VMNYWASl H7 WMLFBM
63
ne~6"
53
PKN6 WM5 WA44115 WTI BINI
O4
CAFP QNIR 016W
RE Flo -P12 faP
C5
CAPEC"946tl -
n
'AYPIAOZEAKTAME aMMMAL
ca
ate a" • lar tem
la
Ca+V+eE TA&r LMti1Wt4TKki
O7
B&Oe ftf LM
M
AV VIA a`FKE TABLE RBAW To
Ca
RAU C*w (Ea75rjW
T4
eV TABLE
T5
LOW TABLE -MEN HAALPAOlNP84�S
vi
PEW
T6
LOW rAdE - LOH AWH
rl
RAZATAME(E45TMW MMW
FIRST FLOOR FURNI TURF FLA/V B
SCALE: 1/6' = P-O"
MATGHL/NE FLO
ram■■�
5TORAGE
I 49
I
13
■
� ■ ■ ■■■� ■ ■ ■ ■ ■■■■■ ■ ■
MATGHL/NE F1.4
c2
rASC 00he /.do AOW
52
4.5" MkW WA5 H2 REGYCA.f d75
M
c3
Rz~ C"R
0
PhWC 7ABLE5 M,1405 RGn
64
GAFF CHAIR M16W
RE MQ - F32 FAP
65
GAff CA4IR(LAW
N
.V'DU. OMW TARE
66
aL8 CMIR - M2r WM
T2
WWea:WE TA0.E B
c7
a7ve Anw
U
36'DK CFWAE rARf RHA7W
CO
PLAZA GWR U$Tft
14
END rAftf 9
T5
LOWY TABLE - MEN M4WA6j '
A,
LFC
T6
16WY TABLE -LAW AW
17
PLAZA TASVNi1 T#W t3SMAU
m
■ � ■ 1.
TORA
67T'W
45� _
RAM RIDE
M2 M3 o N
M2 1 M4 c� r
M2 e M5 % V <
z_
G4
G4 �
G4
O G4 G4 7
■ L t.
�J
LOBBY w .�
N30 ■ ZFz
■ <; J
67
J
G7 1 i �
a
4 p ek
O T � CCC
FIRST FLOOR FJRNI TURF PLAN G
SCALE I/5' = I-0"
MATGHL/NE Fl.l
1 ` MC2
� 1
=1'} TRANSIT 65R
7 DE5K
(22
v■
RJRN'TZ KEY
G
ruse GUM I"AMIW
51
778401g5BEW-q M fFGTHtN
62
WKCHAR (90 ARfE)
52
45 SAL ]RAgWASH 1Q RELYGLE8A6
65
M +R/NN.9 CRAIR
0
FAQK TA&B NiA44A'6 RGtt &N L
GI
cs
GIfE GUM /M6W
&VEGUMILCO
n
Ff. FW - P32 FOR
-V'MEWA<TAME AMTVA
66
ao GUM . NgrI5D
T2
CdNi Wrc MIALE RFA@UIX.N
67
ORCIE5 (eWO
73
MI DIA GiICE rA&F RM AW W
66
PLAZA GUM rEMMW
r4
so TARP
rs
LCW M&E - fW fu no?m
d
DE5K
M
LaW RXE-LA4 AtV
r7
RAZA FAME Z 57M) Cffi�IIdLl
�w ® ■ now ■ M.
FIR5T FLOOR FURNI TORE FLAN D
5GAL6 OF =P-D"
MMMINE FI.2
64
MZ d M3 —
G4
------------ - .....__ — - BM2 d M4
-- �MZdMS�
O�
G4 G4 /
G4 5 /
G4 �
�E) RAY 15TORA&E
I
52
(E) BAGEL 5NOP 51 .
H
N73 MEGH
N72 (` L
l
FIRNI nJRE KEY
L/
TASr GLAIR (
51
r2' d40a ff6 &'W-q MI LWTM
62
Wfi< CMIR(Wb A86W
52
456AL 7RkWWAS4 MZ RKYaE"
0
7MWAV GLAIR
55
P/rW MME5 MiM4A?3 RG11 MN Lo
Gf
LAff GLAIR Orr6/D
RF,, Pla-F91 FLIP
65
GAffCM;R4)V
n
.50'aA.BTMME AMTAXy,
La
aw om • wr us®
u
a r
�
� -CIA a-Ra TAME
a
ce
IA
PrAzAGwlR�asmtsl
rA
9D TAKE f78MT`
75
LOBBrMBLE-M5H ww &nfm
d
cm
Th
LOW TAKE - LOH AAV
n
MAzA rAE E aX577fisl MAMW
F/F5T FLOOR FORM TORE PLAN E
5CALE: /W = I LC
I
I
GORI�IDOR
N1�9
I
I
I
I
I
I
I
I
i
j
REatf PON
NI93A
�— OPEN TO BELON --�
AIRNI SURE KEY
-
W
rASKG44/R (Alm
S/
77BAOU'r6 d94:J/ M LECOW
62
TASK GLAIR (Wo AO`W
51
45 64 TRAY W AS4 MI REGYC4.E BM
G3
M4##W LWVR
Si
M.W rA&S K'.4N4A�E Wn amL
G4
LATE GLAIR AMSW
RE PJ.O-13.18Z
65
CAFE C 441R 1104
n
30' aA 83rW MME AQYQ aW
a
uoa"-wrtop
n
WTOWC.ETAElE #FG"
67
BWO M4M
13
M-MA. OF65 TA%-- RAMP
Cd
aAZA GWR MVSMJS)
Tt
BV rABLE R tl
M
LOWYTA&E-HASH diyF&11RJX5
or
cffK
15
LCWY TAEV - LON MV
-
r7
PLAZA TAELE IEXXI57WWN/
o &fi
GONFERENGE
NI43B
OFFICE
N193G
5E6OW FLOOR FURNI TORE PLAN
SCALE; 116" = P-o"
\ 0
N-
W
�W
CHAIRS
HAMMAMIFACTURER
MOCK.
FlN1BH 1
FINISH 2
NOTE
.
C1
TASK CHAR W arms)
Allsteel
AMWW
-CIF
ACXPlcWor
Madrid
BscIrCF
AOXPic adct
Msdrid
HB
CI
F
TASK CHAR (w/o anus
Ansteel
AmbRidn
Seat Cf
ACXPlcada
Back CF
ACXPlCOa
d
tiB
wlowms.
C3
TRAINRRGIGUESTI
WAr"NG
Harter
qlo
Vkwl:OTDC
VhyI:OTOC
Staekkg
54
CAF CHAIR (high)
BREAK CHAIR
Thonet
Wat?r
Seat-
OTDC
Back-
OTDC
Sled Bose
C5
CAF CHAIR pow)
BREAK CHAR
Thonet
Wafer
seat-
OTOC
ack-
OTDC
led Base
C6
CLUB CHAR - Not Rbed
C7
BENCFES (re8xb)
Existing Benches
Custom euphdsler
6 Refinish Frame
Seat-CF
ACXPwador
Madrid
Frame
Color: Black
C8
PLAZA LEVEL
CIA1R-exisling
Existing Chair
Custorn ReuphOlstet
Ssat•CF
ACXPicador
Madrid
DESKINO
ABBV• wisp MANUFACTURER MOCEL. FINISH 1 FINISH 2 NOTE
D1
DESK
Global
��� (teD1
OTDC
O
w1e46tdP (Modes
OTDC
OTt7C
W1515BF'P
OT7)C
OTOC
q ol2
W15OMf4
OTDC
OTDC
C,t
Alum Frame
rosted less
M19C
pBBV,
NAME
MANUFACTURER
MOCH.
FINISH 1
RINISN 2
NOTE
Mt
Lacteal
Gbbsi
A1844LC
AWH
WA
Avard HorxY
M2
Reayde8ins
Safco, PuloGc Square
29&tBR
WA
NIA
15.25'x15.25"x42"
Brown Bose, 42 Gat
M3
Recycle Bin - Ud
Sabo, Public Square
290BL
WA
WA
8' 5owro Opening
Square Ud
M4
Recycle Bin- Ud
Ssfco, Publc Square
298781.
WA
NIA
2006' Slot
Slat Lid
M5
Recycle B n • Ud
Sato, P bkc Square
29USL
WA
NIA
4" die. Opening
Round Lid
Ahble"lons
ACX
ArcMtax
Cir
Clear
Cr
Custom Fabric
FM
Formica
HB
High Back
LB
LOW Back
nts
e
N
NMG
GlidesOTDC
MMowr'k"Gkfes
. Cob"PC
PI
SS
el
TBD
To ee Determined
rv�
O N
g
� d
Z JZ
s
V]
z
U—
\WR
W.
ZQz
Qro
C?
P2L
. / " ' L.Ca
SITE FURNITURE
V.
NAME
MANUFACTURER
MODEL
FINISH 1
FINISH 2
NOTE
S1
72" BACKLESS BENCH
Landscape Forms
Balustrade
Pdysite (seat)
Driftwood
embed
Black PC
WA
(CSU STANDARD)
S2
45 GAL TRASH
Victor Stanley
S45
OTDC
WA
embed
S-1 Steel Dome Lid
OTDC
WA
wl ASH
Ironsitas
10" Die. Ashtray
OTDC
NIA
(CSU STANDARD)
S3
PICNIC TABLES
Landscape Forms
Grethchen
Polysite
embed
Black PC
Driftwood
(CSU STANDARD)
TABLES
ABBV.1
T1
NAME
36"D BREAK TABLE
MANUFACTURER
Fixtures
MODEL
Top: 10300
Base: 91020
FINISH 1 1
OTDC
FINISH 2
Edge :Bumper T
NOTE
36" D
OTDC
24 3/4"H
T2
CONFERENCE TABLE
Global
Adaplabilities
Global
Racetrack Top
Mo.A48144RT
V Table Base
Mo.A1616V
AWH-
Avant Honey
AWH -
Avant Honey
WA
48x144x1.5
w/ cntr power bloc
16x15x25
qty. to complete assembly
T3
36"D OFFICE TABLE
Global
Adoptabtlities
Top:A36R
BBse:A2727XB
OTDC
36"❑
OTDC
OTDC
X BASE
T4
END TABLE
Whhehall Furniture
No. 35
OTDC
OTDC
T5
LOBBY TABLE - HIGH
Fixtures
Top: 10300
Base: 91042
OTDC
Edge:Bumper T
36" D
OTDC
40 3/4" H
T6
LOBBY TABLE - LOW
Fixtures
Top: 10300
Base: 91020
OTDC
Edge: Bumper T
36" D
OTDC
24 3/4"H
77
PLAZA TABLE -existing
Existing Table
Custom Relaminate
FM
OTDC
Abbreviations
ACX
Architex
Clr
Clear
CF
Custom Fabric
FM
Formica
HB
High Back
LB
Low Back
n/a I
Not Applicable
N
No
NMG
Non Marking Glides
OTDC
Owner to Det. Color
Powdereoat
Plastic
rD
Stainless Steel
To Be Determined
CJ]
z
v]
z
LL
EXHIBIT "B"
INSURANCE REQUIREMENTS
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.
EXHIBIT "Cl,
FEDERAL REQUIREMENTS
TABLE OF CONTENTS
CARGO PREFERENCE REQUIREMENTS....................................................................................... 1
SEISMICSAFETY REQUIREMENTS................................................................................................ 1
ENERGY CONSERVATION REQUIREMENTS.................................................................................1
CLEANWATER REQUIREMENTS_ ..................................................................................................
2
LOBBYING.........................................................................................................................................
2
ACCESSTO RECORDS AND REPORTS.........................................................................................
2
FEDERALCHANGES........................................................................................................................
3
CLEANAIR.........................................................................................................................................7
RECYCLEDPRODUCTS...................................................................................................................7
DAVIS-BACON ACT...........................................................................................................................
7
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT .....................................................
12
COPELANDANTI -KICKBACK ACT.................................................................................................
14
NO GOVERNMENT OBLIGATION TO THIRD PARTIES .................................. ........................
14
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS .......
15
TERMINATION.................................................................................................................................
15
GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) ......................
18
PRIVACYACT..................................................................................................................................
19
CIVILRIGHTS REQUIREMENTS....................................................................................................20
BREACHES AND DISPUTE RESOLUTION...................................................................................21
PATENTAND RIGHTS IN DATA.....................................................................................................
21
DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23...........................................
24
INTERESTS OF MEMBERS OF OR DELEGATES TO CONGRESS..............................................26
PROHIBITEDINTEREST.................................................................................................................26
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ...........................
26
ATTACHMENTS:
Attachment 1
Buy America Requirements 2 pages
Attachment 5
Davis Bacon Wage Determination 5 pages
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.
10. 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 or benefits provided to
the City under this Agreement or cause of action arising out of performance of this Agreement.
11. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
.performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the
most suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment
and labor, 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.
12. 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.
13. 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
3
BUY AMERICA REQUIREMENTS
49 U.S.C. 53230)49 CFR Part 661
The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements
in FTA-funded contracts. The Contractor agrees to comply with 49 U.S.C. 53230) and 49 CFR Part
661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured
products used in FTA-funded projects are produced in the United States, unless a waiver has been
granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR
661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger
wagons produced by Chrysler Corporation, microcomputer equipment, software, and small purchases
(currently less than $100,000) made with capital, operating, or planning funds. Separate requirements
for rolling stock are set out at 53230)(2)(C) and 49 CFR 661.11. Rolling stock not subject to a general
waiver must be manufactured in the United States and have a 60 percent domestic content.
CARGO PREFERENCE REQUIREMENTS
46 U.S.C.1241
46 CFR Part 381
Cargo Preference - Use of United States -Flag Vessels - The Contractor agrees: a. to use privately
owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping
any equipment, material, or commodities pursuant to the underlying contract to the extent such
vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to
furnish within 20 working days following the date of loading for shipments originating within the United
States or within 30 working days following the date of leading for shipments originating outside the
United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each
shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of
Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient
(through the Contractor in the case of a subContractor's bill -of -lading.) c. to include these requirements
in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of
equipment material or commodities by ocean vessel.
SEISMIC SAFETY REQUIREMENTS
42 U.S.C. 7701 et seq. 49 CFR Part 41
Seismic Safety - The Contractor agrees that any new building or addition to an existing building will
be designed and constructed in accordance with the standards for Seismic Safety required in
Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to
compliance to the extent required by the regulation. The Contractor also agrees to ensure that all work
performed under this contract including work performed by a subContractor is in compliance with the
standards required by the Seismic Safety Regulations and the certification of compliance issued on the
project.
ENERGY CONSERVATION REQUIREMENTS
42 U.S.C. 6321 et seq. 49 CFR Part 18
The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
1
CLEAN WATER REQUIREMENTS
33 U.S.C.1251
Clean Water
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et sec . The
Contractor agrees to report each violation to the Purchaser and understands and agrees that the
Purchaser will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
LOBBYING
31 U.S.C. 135249 CFR Part 1949 CFR Part 20
Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act
of 1995, P.L. 104-65 [to be codified at 2 U.S.C. 1601, et seq.]
- Contractors who apply or bid for an award of $100,000 or more shall file the certification required by
49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose
the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award
covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Submit signed Attachment 4, Certification Regarding Lobbying, with Bid or Proposal.
Certification for Contracts, Grants, Loans, and Cooperative Agreements
ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325 18 CFR 18.36 49 CFR.633.17Access to Records - The following access to records
requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to
provide the Purchaser, the FTA Administrator, the Comptroller General of the Unites States or any of
their authorized representatives access to any books, documents, papers and records of the
Contractor which are directly pertinent to this contract for the purposes of making audits, examinations,
excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA
Administrator or his authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1,
which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307,
5309 or 5311.
2. Not applicable
E
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the
simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit
organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49
C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General
of the Unites States or any of their duly authorized representatives with access to any books,
documents, papers and record of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined
at 49 U.S.0 5302(a)1) through other than competitive bidding, the Contractor shall make available
records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller
General or any authorized officer or employee of any of them for the purposes of conducting an audit
and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under this
contract for a period of not less than three years after the date of termination or expiration of this
contract, except in the event of litigation or settlement of claims arising from the performance of this
contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA
Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed
of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
FEDERAL CHANGES
49 CFR Part 18
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference in the
Agreement (Form FTA MA (2) dated October, 1995) between Purchaser and FTA, as they may be
amended or promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.
BONDING REQUIREMENTS
(for Purchasing Information only -does not need to be included in bids or RFPS)
Applicability to Contracts
For those construction or facility improvement contracts or subcontracts exceeding $100,000 FTA may
accept the bonding policy and requirements of the recipient, provided that they meet the minimum
requirements for construction contracts as follows:
a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid
guarantees" shall consist of a firm commitment such as a bid bond, certified check, or other
negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance
of his bid, execute such contractual documents as may be required within the time specified.
b. performance bond on the part to the Contractor for 100 percent of the contract price. A
"performance bond" is one executed in connection with a contract to secure fulfillment of all the
Contractor's obligations under such contract.
102
C. A payment bond on the part of the Contractor for 100 percent of the contract price. A
"payment bond" is one executed in connection with a contract to assure payment, as required
by law, of all persons supplying labor and material in the execution of the work provided for in
the contract. Payment bond amounts required from Contractors are as follows:
(1) 50% of the contract price if the contract price is not more than $1 million;
(2) 40% of the contract price if the contract price is more than $1 million but not
more than $5 million; or
(3) $2.5 million if the contract price is more than $5 million.
d. A cash deposit, certified check or other negotiable instrument may be accepted by a
grantee in lieu of performance and payment bonds, provided the grantee has
established a procedure to assure that the interest of FTA is adequately protected. An
irrevocable letter of credit would also satisfy the requirement for a bond.
Bonding requirements flow down to the first tier Contractors.
FTA does not prescribe specific wording to be included in third party contracts. FTA has prepared
sample clauses as follows:
Bid Bond Requirements (Construction)
(a) Bid Security
A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a
company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as
described thereunder.
(b) Rights Reserved
In submitting this Bid, it is understood and agreed by bidderthat the right is reserved by (Recipient) to
reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a
period of [ninety (90)] days subsequent to the opening of bids, without the written consent of
(Recipient).
It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his
bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall
refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish
adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided
above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he
shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or
refusal, or inability to enter into an agreement, or provide adequate security therefor.
It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check,
Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated
thereby which has been retained by (Recipient) as provided in [item x "Bid Security' of the Instructions
to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by
default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the
difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole.
12
The undersigned understands that any material alteration of any of the above or any of the material
contained on this form, other than that requested, will render the bid unresponsive.
Performance and Payment Bonding Requirements (Construction)
The Contractor shall be required to obtain performance and payment bonds as follows:
(a) Performance bonds
1. The penal amount of performance bonds shall be 100 percent of the original contract
price, unless the (Recipient) determines that a lesser amount would be adequate for the
protection of the (Recipient).
2. The (Recipient) may require additional performance bond protection when a contract
price is increased. The increase in protection shall generally equal 100 percent of the increase
in contract price. The (Recipient) may secure additional protection by directing the Contractor
to increase the penal amount of the existing bond or to obtain an additional bond.
(b) Payment bonds
The penal amount of the payment bonds shall equal:
(i) Fifty percent of the contract price if the co9ntract price is not more than
$1 million.
(ii) Forty percent of the contract price if the contract price is more than $1
million but not more than $5 million; or
(iii) Two and one half million if the contract price is more than $5 million.
2. If the original contract price is $5 million or less, the (Recipient) may require
additional protection as required by subparagraph 1 if the contract price is
increased.
Performance and Payment Bonding Requirements (Non -Construction)
The Contractor may be required to obtain performance and payment bonds when necessary to protect
the (Recipient's) interest.
a) The following situations may warrant a performance bond:
1. (Recipient) property or funds are to be provided to the Contractor for use in
performing the contract or as partial compensation (as in retention of salvaged
material).
2. A Contractor sells assets to or merges with another concern, and the
(Recipient), after recognizing the latter concern as the successor in interest,
desires assurance that it in financially capable.
3. Substantial progress payments are made before delivery of end items starts.
l.1
4. Contracts are for dismantling, demolition, or removal of improvements.
(b) When it is determined that a performance bond is required, the Contractor shall be required to
obtain performance bonds as fellows:
1. The penal amount of performance bonds shall be 100 percent of the original contract
price, unless the (Recipient) determines that a lesser amount would be adequate for the
protection of the (Recipient).
2. The (Recipient) may require additional performance bond protection when a contract
price is increased. The increase in protection shall generally equal 100 percent of the increase
in contract price. The (Recipient) may secure additional protection by directing the Contractor
to increase the penal amount of the existing bond or to obtain an additional bond.
(c) A payment bond is required only when a performance bond is required, and if the use of
payment bond is in the (Recipient's) interest.
(d) When it is determined that a payment bond is required, the Contractor shall be required to
obtain payment bonds as follows:
1. The penal amount of payment bonds shall equal:
(i) Fifty percent of the contract price if the contract price is not more than $1 million.
(ii) Forty percent of the contract price if the contract price is more than $1 million but not
more than $5 million; or
(iii) Two and one half million if the contract price is increased.
Advance Payment Bonding Requirements
The Contractor may be required to obtain an advance payment bond if the contract contains an
advance payment provision and a performance bond is not furnished. The (Recipient) shall determine
the amount of the advance payment bond necessary to protect the (Recipient).
Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance bond is not
furnished and the financial responsibility of the Contractor is unknown or doubtful. The (Recipient)
shall determine the amount of the patent indemnity to protect the (Recipient).
Warranty of the Work and Maintenance Bonds
1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and
equipment furnished under this Contract will be of highest quality and new unless otherwise specified
by (Recipient), free from faults and defects and in conformance with the Contract Documents. All work
not so conforming to these standards shall be considered defective. If required by the [Project
Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
0
2. The Work furnished must be of first quality and the workmanship must be the best obtainable in
the various trades. The Work must be of safe, substantial and durable construction in all respects.
The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a
minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any
defective materials or equipment or faulty workmanship during the period of the guarantee at no cost
to (Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of
Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in
form acceptable to (Recipient) written by the same corporate surety that provides the Performance
bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the
Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum
period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED
PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all).
CLEAN AIR
42 U.S.C. 7401 et seq
40 CFR 15.61
49 CFR Part 18
Clean Air
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. 7401 et seq.. The Contractor agrees to report each
violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each
violation as required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
RECYCLED PRODUCTS
42 U.S.C.6962
40 CFR Part 247
Executive Order 12873
Recovered Materials - The Contractor agrees to comply with all the requirements of Section 6002 of
the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but
not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply
to the procurement of the items designated in Subpart B of 40 CFR Part 247.
DAVIS-BACON ACT
40 USC276a-276a-5 (1995)
29 CFR 5 (1995)
The language in this clause is mandated under the DOL regulations at 29 C.F.R.5.5.)
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work
(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction
or development of the project), will be paid unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)),
7
the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of the Secretary
of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 (b)(2)
of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,
funds, or programs which cover the particular weekly period, are deemed to be constructively made or
incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage
rate and fringe benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing
work in more than one classification may be compensated at the rate specified for each classification
for the time actually worked therein: Provided, That the employees payroll records accurately set forth
the time spent in each classification in which work is performed. The wage determination and the
Davis -Bacon poster (WH-1 321) shall be posted at all times by the Contractor and its subcontractors at
the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall
either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit
or an hourly cash equivalent thereof.
(iii) If the Contractor does not make payments to a trustee or other third person, the Contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards
of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set
aside in a separate account assets for the meeting of obligations under the plan or program.
(iv) (A) The contracting officer shall require that any class of laborers or mechanics which is not
listed in the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefor only when the following criteria have been
met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known),
ortheir representatives, and the contracting officer agree on the classification and wage rate (including
the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent
by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, Washington, DC 2021 0. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
(C) In the event the Contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits, where appropriate), the contracting officer
shall refer the questions, including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination with 30 days of receipt and so advise the contracting officer
or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(1)(iv) (B) or (C) of this section, shall be paid to all workers performing work in the classification under
this contract from the first day on which work is performed in the classification.
(2) Withholding - The [ insert name of grantee ] shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
Contractor under this contract or any other Federal contract with the same prime Contractor, or any
other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held
by the same prime Contractor, so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by
the Contractor or any subcontractor the full amount of wages required by the contract. In the event of
failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or
working on the site of the work (or under the United States Housing Act of 1937 or under the Housing
Act of 1949 in the construction or development of the project), all or part of the wages required by the
contract, the [ insert name of grantee ] may, after written notice to the Contractor, sponsor, applicant,
or owner, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the
Contractor during the course of the work and preserved for a period of three years thereafter for all
laborers and mechanics working at the site of the work (or under the United States Housing Act of
1937, or under the Housing Act of 1949, in the construction or development of the project). Such
records shall contain the name, address, and social security number of each such worker, his or her
correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated
for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of
the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages
paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any
laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section 1 (b)(2)(B) of the Davis -Bacon Act, the Contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show the costs anticipated or the
actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios and
wage rates prescribed in the applicable programs.
(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of
0
all payrolls to the [insert name of grantee ] for transmission to the Federal Transit Administration.
The payrolls submitted shall set out accurately and completely all of the information required to be
maintained under 29 CFR part 5. This information may be submitted in any form desired. Optional
Form WH-347 is available for this purpose and may be purchased from the Superintendent of
Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington,
DC 20402. The prime Contractor is responsible for the submission of copies of payrolls by all
subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR
part 5 and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made. either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required
by paragraph (3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or
criminal prosecution under section 1 001 of title 1 8 and section 231 of title 31 of the United States
Code.
(iii The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the Federal
Transit Administration or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the Contractor or subcontractor fails to submit the
required records or to make them available, the Federal agency may, after written notice to the
Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for debarment
action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees
(i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work
they performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency
recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary
10
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.
14. 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.
15. 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 "B", consisting of one (1) page,
attached hereto and incorporated herein by this reference. The Service Provider before
commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk
Management, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the
insurance coverage required from an insurance company acceptable to the City.
16. 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.
17. Law/Severabiiity. The laws of the State of Colorado shall govern the construction
4
employment as an apprentice in such an apprenticeship program, who is not individually registered in
the program, but who has been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the Contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work actually performed. Where a
Contractor is performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate)
specified in the Contractor's or subcontractor's registered program shall be observed. Every
apprentice must be paid at not less than the rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in
the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination
for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S.
Department of Labor determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the Bureau of
Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices
at less than the applicable predetermined rate for the work performed until an acceptable program is
approved.
Trainees - Except as provided in 29 CFR 5,16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the
U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on
the payroll at a trainee rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage determination for the work actually performed.
In the event the Employment and Training Administration withdraws approval of a training program,
the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements
11
of Executive Order 1 1 246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements -The Contractor shall comply with the requirements of
29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The Contractor or subcontractor shall insert in any subcontracts the clauses contained
in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by
appropriate instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance
by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds
for termination of the contract, and for debarment as a Contractor and a subcontractor as provided in
29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the
Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of
its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or
their representatives.
(10) Certification of eligibility
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any
person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR
5.12(a)(1).
No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
40 U.S.C. 827 -333 (1995)
29 C.F.R. 5 (1995)
29 C.F.R. 1926 (1995)
Pursuant to Section 102 (Overtime):
(1) Overtime requirements - No Contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any workweek in which he or she is employed on such work to work in
excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a
12
rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause
set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefor
shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to
the United States for liquidated damages. Such liquidated damages shall be computed with respect to
each individual laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (1) of this section, in the sum of $ 10 for each calendar day on which
such individual was required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The City of Fort Collins shall upon its own
action or upon written request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by the Contractor or
subcontractor under any such contract or any other Federal contract with the same prime Contractor,
or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime Contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts -The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in
this section and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower
tier subcontractor with the clauses set forth in this section.
(5) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the
Contractor during the course of the work and preserved for a period of three years thereafter for all
laborers and mechanics working at the site of the work (or under the United States Housing Act of
1937, or under the Housing Act of 1949, in the construction or development of the project). Such
records shall contain the name, address, and social security number of each such worker, his or her
correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated
for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of
the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages
paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any
laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section 1 (b)(2)(B) of the Davis -Bacon Act, the Contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show the costs anticipated or the
actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios and
wage rates prescribed in the applicable programs.
Section 107 (OSHA):
Contract Work Hours and Safety Standards Act
(i) The Contractor agrees to comply with section 107 of the Contract t Work Hours and Safety
13
Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, " Safety and Health
Regulations for Construction " 29 C.F.R. Part 1926. Among other things, the Contractor agrees that it
will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings
or working conditions.
(ii) Subcontracts - The Contractor also agrees to include the requirements of this section in each
subcontract. The term "subcontract" under this section is considered to refer to a person who agrees
to perform any part of the labor or material requirements of a contract for construction, alteration or
repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies
or materials will be considered a "subcontractor" underthis section if the work in question involves the
performance of construction work and is to be performed: (1) directly on or near the construction site,
or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials
which will become an integral part of the construction is a "subcontractor' if the supplier fabricates or
assembles the goods or materials in question specifically for the construction project and the work
involved may be said to be construction activity. If the goods or materials in question are ordinarily
sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements
of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or
articles normally available on the open market.
COPELAND ANTI -KICKBACK ACT
40 U.S.C.. 276c (1995)
29 C.F.R.. 3 (1995)
29 C.F.R., 5 (1995)
3.1 of the Copeland Act makes it clear that the purpose of the Act is to assist in "the enforcement of the
minimum wage provisions of the Davis- Bacon Act." In keeping with this intent DOL has included a
section on the Copeland Act in the mandatory language of the Davis -Bacon provisions. The language
can be found at 5.5(a)(5) of the Davis -Bacon model clauses and reads as follows:
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of the underlying contract, absent the
express written consent by the Federal Government, the Federal Government is not a party to this
contract and shall not be subject to anyobligations or liabilities to the Purchaser, Contractor, or any
other party (whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except
to identify the subcontractor who will be subject to its provisions.
14
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS.AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C.5307
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C,. 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49
C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying
contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made,
it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted
project for which this contract work is being performed. In addition to other penalties that may be
applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves
the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to
the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a contract
connected with a project that is financed in whole or in part with Federal assistance originally awarded
by FTA under the authority of 49 U.S.C; 5307, the Government reserves the right to impose the
penalties of 18 U.S.C; 1001 and 49 U.S.C; 5307(n)(1) on the Contractor, to the extent the Federal
Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the subcontractor who will be subject to the provisions.
TERMINATION
49 U.S.C. Part 18
FTA Circular 4220.1 D
a. Termination for Convenience (General Provision) The City of Fort Collins may terminate this
contract, in whole or in part, at any time by written notice to the Contractor when it is in the
Government's best interest. The Contractor shall be paid its costs, including contract close-out costs,
and profit on work performed up to the time of termination. The Contractor shall promptly submit its
termination claim to the City of Fort Collins to be paid the Contractor. If the Contractor has any
property in its possession belonging to the City of Fort Collins, the Contractor will account for the
same, and dispose of it in the manner the City of Fort Collins directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver
supplies in accordance with the contract delivery schedule, or, if the contract is for services, the
Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply
with any other provisions of the contract, the City of Fort Collins may terminate this contract for default.
Termination shall be effected by serving a notice of termination on the Contractor setting forth the
manner in which the Contractor is in default. The Contractor will only be paid the contract price for
supplies delivered and accepted, or services performed in accordance with the manner of performance
set forth in the contract.
15
If it is later determined by the City of Fort Collins that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of
the Contractor, the City of Fort Collins, after setting up a new delivery of performance schedule, may
allow the Contractor to continue work, or treat the termination as a termination for convenience.
C. Opportunity to Cure (General Provision) The City of Fort Collins in its sole discretion may, in the
case of a termination for breach or default, allow the Contractor [an appropriately short period of time]
in which to cure the defect. In such case, the notice of termination will state the time period in which
cure is permitted and other appropriate conditions.
If Contractor fails to remedy to the City of Fort Collins' satisfaction the breach or default or any of
the terms, covenants, or conditions of this Contract within [ten (1 0) days] after receipt by Contractor or
written notice from the City of Fort Collins setting forth the nature of said breach or default, the City of
Fort Collins shall have the right to terminate the Contract without any further obligation to Contractor.
Any such termination for default shall not in any way operate to preclude the City of Fort Collins from
also pursuing all available remedies against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City of Fort Collins elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver
by the City of Fort Collins shall not limit the City of Fort Collins's remedies for any succeeding breach
of that or of any other term, covenant, or condition of this Contract.
e. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform
the services within the time specified in this contract or any extension or if the Contractor fails to
comply with any other provisions of this contract, the City of Fort Collins may terminate this contract for
default. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature of the default. The Contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner or performance set forth
in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in
default, the rights and obligations of the parties shall be the same as if the termination had been issued
for the convenience of the Recipient.
Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities
or to perform the services, including delivery services, within the time specified in this contract or any
extension or if the Contractor fails to comply with any other provisions of this contract, the City of Fort
Collins may terminate this contract for default. The City of Fort Collins shall terminate by delivering to
the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be
paid the contract price for services performed in accordance with the manner of performance set forth
in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor
shall, upon direction of the City of Fort Collins, protect and preserve the goods until surrendered to the
Recipient or its agent. The Contractor and the City of Fort Collins shall agree on payment for the
Preservation and protection of goods. Failure to agree on an amount will be resolved under the
Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in
default, the rights and obligations of the parties shall be the same as if the termination had been issued
16
for the convenience of the City of Fort Collins
g. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any
separable part, with the diligence that will insure its completion within the time specified in this contract
or any extension or fails to complete the work within this time, or if the Contractor fails to comply with
any other provisions of this contract, the City of Fort Collins may terminate this contract for default.
The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature of the default. In this event, the Recipient may take over the work and compete it
by contract or otherwise, and may take possession of and use any materials, appliances, and plant on
the work site necessary for completing the work. The Contractor and its sureties shall be liable for any
damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within
specified time, whether or not the Contractor's right to proceed with the work is terminated. This
liability includes any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor changed with damages under this
clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the control and without
the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the
Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics,
quarantine restrictions, strikes, freight embargoes; and
2. the Contractor, within [10] days from the beginning of any delay, notifies the City of Fort Collins in
writing of the causes of delay. If in the judgment of the City of Fort Collins, the delay is excusable, the
time for completing the work shall be extended. The judgment of the City of Fort Collins shall be final
and conclusive on the parties, but subject to appeal under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default,
or that the delay was excusable, the rights and obligations of the parties will be the same as if the
termination had been issued for the convenience of the Recipient.
h. Termination for Convenience or Default (Architect and Engineering) The City of Fort Collins may
terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of
the Contractor to fulfill the contract obligations. The City of Fort Collins shall terminate by delivering to
the Contractor a Notice of Termination specifying the nature, extent, and effective date of the
termination. Upon receipt of the notice, the Contractor shall
(1) immediately discontinue all services affected (unless -the notice directs otherwise), and
(2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and
other information and materials accumulated in performing this contract, whether completed or in
process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an
Equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may
complete the work by contact or otherwise and the Contractor shall be liable for any additional cost
incurred by the Recipient.
17
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in
default, the rights and obligations of the parties shall be the same as if the termination had been issued
for the convenience of the Recipient.
i. Termination for Convenience of Default (Cost -Type Contracts) The City of Fort Collins may
terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The
notice shall state whether the termination is for convenience of the City of Fort Collins or for the default
of the Contractor. If the termination is for default, the notice shall state the manner in which the
Contractor has failed to perform the requirements of the contract. The Contractor shall account for any
property in its possession paid for from funds received from the City of Fort Collins, or property
supplied to the Contractor by the City of Fort Collins. If the termination is for default, the City of Fort
Collins may fix the fee, if the contract provides for a fee, to be paid the Contractor in proportion to the
value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its
termination claim to the City of Fort Collins and the parties shall negotiate the termination settlement to
be paid the Contractor.
If the termination is for the convenience of the City of Fort Collins, the Contractor shall be paid its
Contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the
Work performed up to the time of termination.
If, after serving a notice of termination for default, the City of Fort Collins determines that the Contractor
has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of
and are beyond the control of the Contractor, the City of Fort Collins, after setting up a new work
schedule, may allow the Contractor to continue work, or treat the termination as a termination for
convenience.
GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NON PROCUREMENT)
49 CFR Part 29
Executive Order 12549
Instructions for Certification
1. By signing and submitting this bid or proposal, the prospective lower tier participant is
providing the signed certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when
this transaction was entered into. If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the City of Fort Collins may pursue available remedies, including suspension and/or
debarment.
3. The prospective lower tier participant shall provide immediate written notice to the City of Fort Collins if
at any time the prospective lower tier participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
:"participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily
excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections
of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact the City of Fort
Collins for assistance in obtaining a copy of those regulations.
ffj
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction
with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized in writing by the City of Fort Collins.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the
clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transaction", without modification, in all lowertier covered transactions and in all
solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction, unless it knows that the certification is erroneous, A participant may decide
the method and frequency by which it determines the eligibility of its principals. Each participant may,
but is not required to, check the Nonprocurement List issued by U.S. General Service Administration.
8. Nothing contained in the foregoing shall be construed to require establishment of system of records in
order to render in good faith the certification required by this clause. The knowledge and information
of a participant is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all
remedies available to the Federal Government, the City of Fort Collins may pursue available remedies
including suspension and/or debarment.
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction"
(1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor
its "principals" [as defined at 49 C.F.R. 29.105(p)] is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) When the prospective lower tier participant is unable to certify to the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
PRIVACY ACT
5 U.S.C. 552
When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are
organized so that information could be retrieved by personal identifier, the Privacy Act requirements
apply to all contracts. The Federal Privacy Act requirements flow down to each third party Contractor
and their contracts at every tier.
(1) The Contractor agrees to comply with, and assures the compliance of its employees with, the
information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C,. 552a.
Among other things, the Contractor agrees to obtain the express consent of the Federal Government
I
before the Contractor or its employees operate a system of records on behalf of the Federal
Government. The Contractor understands that the requirements of the Privacy Act, including the civil
and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to
comply with the terms of the Privacy Act may result in termination of the underlying contract.
(2) The Contractor also agrees to include these requirements in each subcontract to administer any system
of records on behalf of the Federal Government financed in whole or in part with Federal assistance
provided by FTA.
CIVIL RIGHTS REQUIREMENTS
29 U.S.C. 623, 42 U.S.C. 2000
42 U.S.C. 6102, 42 U.S.C. 12112
42 U.S.C. 12132, 49 U.S.C. 5332
29 CFR Part 1630, 41 CFR Parts 60 et. seq.
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C., 6102, section 202 of the
Americans with Disabilities Act of 1990, 42 U.S.C. 12132, and. Federal transit law at 49 U.S.C. 5332,
the Contractor agrees that it will not discriminate against any employee or applicant for employment
because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees
to comply with applicable Federal implementing regulations and other implementing requirements FTA
may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the
underlying contract:
(a) Race, Color, Creed,. National Origin, Sex - In accordance with Title VI I of the Civil Rights Act, as
amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the Contractor agrees to
comply with all applicable equal employment opportunity requirements of U.S. Department of Labor
(U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor," 41 C.F.R. Parts 60 et = ., (which implement Executive Order No.
11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 1 1 246 Relating to Equal Employment Opportunity," 42 U.S.C. 2000e note), and with
any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the
future affect construction activities undertaken in the course of the Project. The Contractor agrees to
take affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment
or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332, the Contractor agrees to refrain
from discrimination against present and prospective employees for reason of age. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended,
42 U.S.C. 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal
m
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.
18. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "C"—Federal Requirements, consisting
of thirty-five (35) pages, attached hereto and incorporated herein by this reference.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
James(B.jO'Neill II, CPPO, FNIGP
Directdr.4f Purc721
ing and Risk Management
Date: v
JUPITER 1L.-od'
By:
Print Name: �'!
// y
Title: 4,
(CORPORATE PRESIDENT OR VICE PRESIDENT)
Date: 6 (L110U
ATTEST• (Corporate Sea[)
COR O TE SECRE RY
5
Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of
the Americans with Disabilitie$ Act," 29 C.F.R. Part 1630, pertaining to employment of persons with
disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may
issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole
or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected
parties.
BREACHES AND DISPUTE RESOLUTION.
49 CFR Part 18
FTA Circular 4220.1 D
Pick applicable clause:
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement
of the parties shall be decided in writing by the authorized representative of the City of Fort Collins's
[title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the
date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of
employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be
heard and to offer evidence in support of its position. The decision of the [title of employee] shall be
binding upon the Contractor and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by the City of Fort Collins, Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or others for
whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other
party within a reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other
matters in question between the City of Fort Collins and the Contractor arising out of or relating to this
agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of
competent jurisdiction within the State in which the City of Fort Collins is located. and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by law. No action or failure to act by the City of Fort Collins,
(Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the
Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any
breach thereunder, except as may be specifically agreed in writing.
PATENT AND RIGHTS IN DATA
37 CFR Part 401
49 CFR Parts 18 and 19
The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, Section 5, but the
rights in data clause reflects FTA objectives. For patent rights, FT/k is governed by Federal law and
regulation. For data rights, the text on copyrights is insufficient to meet FTA's purposes for awarding
research grants. This model clause, with larger rights, as a standard, is proposed with the
understanding that this standard could be modified to FTA's needs.
21
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK.
A. Rights in Data - These following requirements apply to each contract involving experimental,
developmental or research work:
(1) The term "subject data" used in this clause means recorded information, whether or not
copyrighted, that is delivered or specified to be delivered under the contract. The term includes
graphic or pictorial delineation in media such as drawings or photographs; text in specifications or
related performance or design -type documents; machine forms such as punched cards, magnetic
tape, or computer memory printouts; and information retained in computer memory. Examples
include, but are not limited to: computer software, engineering drawings and associated lists,
specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and
related information. The term "subject data" does not include financial reports, cost analyses, and
similar information incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the performance of the
contract to which this Attachment has been added:
(a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce
subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor
authorize others to do so, without the written consent of the Federal Government, until such time as
the Federal Government may have either released or approved the release of such data to the public;
this restriction on publication, however, does not apply to any contract with an academic institution. (b)
In accordance with 49 C.F.R. 18.34 and 49 C.F.R. 19.36, the Federal Government reserves a royalty -
free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize
others to use, for "Federal Government purposes," any subject data or copyright described in
subsections (2)(b)I and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal
Government purposes," means use only for the direct purposes of the Federal Government. Without
the copyright owner's consent, the Federal Government may not extend its Federal license to any
other party.
1. Any subject data developed under that contract, whether or not a copyright has been obtained;
and
2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in
whole or in part provided by FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or research work, it is
FTA's general intention to increase transportation knowledge available to the public, rather than to
restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA
determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or
research work required by the underlying contract to which this Attachment is added agrees to permit
FTA to make available to the public, either FTA's license in the copyright to any subject data
developed in the course of that contract, or a copy of the subject data first produced underthe contract
for which a copyright has not been obtained. If the experimental, developmental, or research work,
which is the subject of the underlying contract, is not completed for any reason whatsoever, all data
developed under that contract shall become subject data as defined in subsection (a) of this clause
and shall be delivered as the Federal Government may direct. This subsection (c) , however, does not
apply to adaptations of automatic data processing equipment or programs for the Purchaser or
Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA
01A
for transportation capital projects
(d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the
Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents,
and employees acting within the scope of their official duties against any liability, including costs and
expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of
proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction,
delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the
Contractor shall be required to indemnify the Federal Government for any such liability arising out of
the wrongful act of any employee, official, or agents of the Federal Government.
(e) Nothing contained in this clause on rights in data shall imply a license to the Federal
Government under any patent or be construed as affecting the scope of any license or other right
otherwise granted to the Federal Government under any patent.
(f) Data developed by the Purchaser or Contractor and financed entirely without using Federal
assistance provided by the Federal Government that has been incorporated into work required by the
underlying contract to which this Attachment has been added is exempt from the requirements of
subsections (b), (c), and (d) of this clause , provided that the Purchaser or Contractor identifies that
data in writing at the time of delivery of the contract work.
(g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each
subcontract for experimental, developmental, or research work financed in whole or in part with
Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing, irrespective of
the Contractor's status i.e. , a large business, small business, state government or state
instrumentality, local government, nonprofit organization, institution of higher education, individual,
etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA,
those rights in that invention due the Federal Government as described in U.S. Department of
Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business
Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
(4) The Contractor also agrees to include these requirements in each subcontract for experimental,
developmental, or research work financed in whole or in part with Federal assistance provided by FTA.
B. Patent Rights - These following requirements apply to each contract involving experimental,
developmental, or research work:
(1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in
the course of or under the contract to which this Attachment has been added, and that invention,
improvement, or discovery is patentable under the laws of the United States of America or any foreign
country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice
and a detailed report to the party at a higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the
Contractor's status (a large business, small business, state government or state instrumentality, local
government, nonprofit organization, institution of higher education, individual), the Purchaser and the
Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention
due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to
23
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
(3) The Contractor also agrees to include the requirements of this clause in each subcontract for
experimental, developmental, or research work financed in whole or in part with Federal assistance
provided by FTA.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23
DBE Policy- It is the policy of the Department of Transportation, hereinafter referred to as DOT that
Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part with Federal
funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this
agreement.
DBE Obligation - The grantees and its vendors agree to ensure that DBEs as defined in 409 CFR Part
23, have the maximum opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with Federal funds provided under this Agreement. In this regard, all
grantees and vendors shall take all necessary and reasonable steps in accordance with 49 CFR Part
23 to ensure that the DBE have the maximum opportunity and shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance of DOT -assisted contracts.
Disadvantaged Business Enterprise Provision
The Federal Fiscal Year goal has been set by the City of Fort Collins in an attempt to match projected
procurements with available qualified disadvantaged businesses. the City of Fort Collins goals for
budgeted service contracts, bus parts, and other material and supplies for Disadvantaged Business
Enterprises have been established by the City of Fort Collins as set forth by the Department of
Transportation Regulations 49 C.F.R. Part 23, March 31, 1980, and amended by Section 106(c) of the
Surface Transportation Assistance Act of 1987, and is considered pertinent to any contract resulting
from this request for proposal.
If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special Specifications,
and if the Contractor is found to have failed to exert sufficient, reasonable, and good faith efforts to
involve DBEs in the work provided, the City of Fort Collins may declare the Contractor noncompliant
and in breach of contract. If a goal is not stated in the Special Specifications, it will be understood that
no specific goal is assigned to this contract.
(a) Policy - It is the policy of the Department of Transportation and the City of Fort Collins that
Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as amended in Section
106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, shall have the
maximum opportunity to participate in the performance of Contract financed in whole or in part with
federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 and
Section 106(c) of the STURAA of 1987, apply to this Contract.
The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 23 and Section 106(c) of the
STURAA of 1987, have the maximum opportunity to participate in the whole or in part with federal
funds provided under this Agreement. In this regard, the Contractor shall take all necessary and
reasonable steps in accordance with the regulations to ensure that DBEs have the maximum
opportunity to compete for and perform subcontracts. The Contractor shall not discriminate on the
basis of race, color, national origin, religion, sex, age or physical handicap in the award and
performance of subcontracts.
It is further the policy of the City of Fort Collins to promote the development and increase the
participation of businesses owned and controlled by disadvantaged. DBE involvement in all phases of
the City of Fort Collins procurement activities are encouraged.
(b) DBE obligation - The Contractor and its subcontractors agree to ensure that disadvantaged
businesses have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with federal funds provided under the Agreement. In that
regard, all Contractors and subcontractors shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 as amended, to ensure that minority business enterprises have the
maximum opportunity to compete for and perform contracts.
(c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith efforts
to involve DBEs in the work provided, the City of Fort Collins may declare the Contractor noncompliant
and in breach of contract.
(d) The Contractor will keep records and documents for a reasonable time following performance of
this contract to indicate compliance with the City of Fort Collins DBE program. These records and
documents will be made available at reasonable times and places for inspection by any authorized
representative of the City of Fort Collins and will be submitted to the City of Fort Collins upon request.
(e) the City of Fort Collins will provide affirmative assistance as may be reasonable and necessary
to assist the prime Contractor in implementing their programs for DBE participation. The assistance
may include the following upon request:
* Identification of qualified DBE
* Available listing of Minority Assistance Agencies
* Holding bid conferences to emphasize requirements
2. DBE Program Definitions, as used in the contract:
(a) Disadvantaged business "means a small business concern":
i. Which is at least 51 percent owned by one or more socially and economically disadvantaged
individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is
owned by one or more socially and economically disadvantaged individuals; and
ii. Whose management and daily business operations are controlled by one or more of the socially
and economically disadvantaged individuals who own it. or
iii. Which is at least 51 percent owned by one or more women individuals, or in the case of any
publicly owned business, at least 51 % of the stock of which is owned by one or more women
individuals; and
iv. Whose management and daily business operations are controlled by one or more women
individuals who own it.
(b) "Small business concern" means a small business as defined by Section 3 of the Small Business Act
25
and Appendix B - (Section 106(c)) Determinations of Business Size
(c) "Socially and economically disadvantaged individuals" means those individuals who are citizens of the
United States (or lawfully admitted permanent residents) and States (or lawfully admitted permanent
residents) and who are black Americans, Hispanic Americans, Native Americans, Asian -Pacific
Americans, Asian -Indian Americans, or women, and any other minorities or individuals found to be
disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business
Act.
i. "Black Americans", which includes persons having origins in any of the Black racial groups of
Africa;
ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba, Central or South
American, or other Spanish or Portuguese culture or origin, regardless of race;
iii. "Native Americans', which includes persons who are American Indians, Eskimos, Aleuts, or
Native Hawaiians;
iv. "Asian -Pacific Americans", which includes persons whose origins are from Japan, China,
Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust
Territories of Pacific, and the Northern Marianas;
v. "Asian -Indian Americans", which includes persons whose origins are from India, Pakistan, and
Bangladesh.
INTERESTS OF MEMBERS OF OR DELEGATES TO CONGRESS
No member of or delegate to the Congress of the United States shall be admitted to any share or part
of this Agreement or to any benefit arising therefrom.
PROHIBITED INTEREST
No employee, officer, or agent of the grantee shall participate in selection, or in the award or
administration of a contract if a conflict of interest, real or apparent, would be involved. Such conflict
would arise when:
The employee, officer or agent; any member of his immediate family; his or her partner; or an
organization which employs, or is about to employ, has a financial or other interest in the firm selected
for award. The grantee's officers, employees, or agents shall neither solicit nor accept gratuities,
favors or anything of monetary value from Contractors, potential Contractors, or parties of
subagreements.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.I1)
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in
part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the
preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular
4220.1 D, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with
26
other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform
any act, or refuse to comply with any the City of Fort Collins requests which would cause the City of
Fort Collins to be in violation of the FTA terms and conditions.
27
ATTACHMENT
BUY AMERICA REQUIREMENTS - 49 U.S.C. 53230) - 49 CFR Part 661
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 5323Q)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the
applicable regulations in 499 CFR Part 661.
Date 6 /0 10.6 a
Sig
Company Name .i1A( r6w .r, L Lli
Title Ci Ev
OQ-1
ATTACHMENT
BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all
Bids on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not
accompanied by a completed Buy America certification must be rejected as nonresponsive. This
requirement does not apply to lower tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Non -Compliance with 49 U.S.C. 5323Q)(9)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
53230)(1), but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(B) or (j)(2)(D) and the
regulations in 49 CFR 661.7.
Date
Signature
Company Name
Title
W'
WAIS Document Retrieval
http://fi-webgate.access.gpo.gov/cgi-bin/getdoc.egi?dbna...
GENERAL DECISION: CO20030008 02/03/2006 C08
Date: February 3, 2006
General Decision Number: CO20030008 02/03/2006
Superseded General Decision Number: C0020008
State: Colorado
Construction Type: Building
County: Larimer County in Colorado.
BUILDING CONSTRUCTION PROJECTS (does not include resident 4al
construction consisting of single family homes and apartm nts
up to and including 4 stories)
Modification Number
Publication Date
0
06/13/2003
1
08/15/2003
2
09/19/2003 ;
3
10/03/2003
4
01/16/2004 i
5
02/20/2004
6
05/14/2004
7
06/18/2004
8
07/23/2004
9
08/20/2004
10
09/17/2004
11
01/07/2005
12
01/14/2005-
13
02/04/2005
14
03/04/2005
15
05/06/2005
16
06/03/2005
17
08/05/2005
18
11/04/2005
19
01/13/2006
20
02/03/2006
* ASBF0028-001 01/01/2006
Rates Fringes
Asbestos Workers/Insulator
(Includes application of
all insulating materials,
protective coverings,
coatings and finishings to
all types of mechanical
systems) .....................$ 20.82 9.33.
----------------------------------------------------------
I of 5 3/10/2006 3:32 Ph
EXHIBIT "A"
SCOPE OF SERVICES
BID 5970-CITY OF FORT COLLINS AND CSU TRANSIT CENTER INTERIOR FURNISHINGS
GENERAL NOTES
• Specific type of products or brand name products may be specified to set the standard of quality. Substitute
materials may be used. The City will be the sole judge as to whether substitutes meet required
specifications.
• Desk layouts are predicated on Global Office components. The products and layouts specified in the
drawings shall be used as a basis for bid. Substitutions can be made for every/any product specified.
• It is understood by the City that each manufacturer provides different specific components. Service
Provider may provide an alternate solution to meet the sample conceptual layout. However the Service
Provider must display the ability to accommodate (without exceeding) the desk layout dimensions. Service
Provider proposing substitutions shall provide dimensioned desk layouts and provide any accompanying
product cutsheets.
• All furnishings, except item S2-Trash Cans, to be delivered and installed at CSU (Colorado State
University) Transit Center from August 7-10, 2006.
All furnishing, except item S2-Trash Cans, must be set-up cleaned, polished and leveled by 5:00 p.m.
on August 11, 2006.
• Liquidated Damages of $300 per day apply for any delays beyond August 31, 2006 for all furnishings
except item S2-Trash Cans, which apply for any delays beyond October 31, 2006.
• Federal Requirements apply, see Exhibit "C". Davis Bacon wages are required on the site work only.
• Service Provider must maintain insurance coverage naming the City as an additional insured under this
Agreement.
• It is the Service Provider's responsibility to ensure installation is thorough and complete.
• Service Provider to provide complete desking assembly including all hardware, brackets, etc. necessary to
complete layouts.
• At desking scenarios, refer to drawings for left/right worksurface layout.
• Desk locks: All locks shall be keyed per desk layout per office. Provide owner with minimum of 2 master
keys.
• Provide a minimum of 1 box drawer accessory tray per desk layout.
• Provide hanging frames and hardware for all lateral and vertical file drawers.
• Provide owner with 5% additional hardware (including mounting brackets, pulls, etc.) for owners future
maintenance needs.
• All unused fabric, return to owner
• For each product noted "OTDC" (owner to determine color) on sheets F3.1-F3.2, Service Provider shall
supply owner with finish samples form the manufacturers full range of standard finish options.
• All manufacturers shall provide a minimum of 5 years warranty per each product specified in the project.
Does not apply to either refinished or reupholstered items.
WAIS Document Retrieval
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.egi?dbna...
CARP1001-001 05/01/2005
Rates Fringes
Carpenter
(Including Formbuilding
and Metal Stud Work) ........ $ 22.70 7.99
----------------------------------------------------------------
* CARP2834-001 05/08/2005
Millwright ...............
---------------------------
ELEC0068-009 01/01/2005
Rates Fringes
$ 24.42 9.03
-----------------------------
Rates Fringes
Electrician
(Including Low Voltage
Wiring and Installation of
Communications Systems,
Security Systems,
Telephones, and
Temperature Controls) ....... $ 28.91 10.19
---------------------------------------------------------------
* ELEV0025-002 01/01/2006
Rates Fringes
Elevator Constructor ........... $ 32.025 13.265
FOOTNOTE:
a. Employer contributes 8% of basic hourly rate for over 5
years' service and 6% basic hourly rate for 6 months' to 5
years' service as Vacation Pay Credit.
SEVEN PAID HOLIDAYS: New Year's Day; Memorial Day;
Independence Day; Labor Day; Veterans Day; Thanksgiving
Day; Friday after Thanksgiving Day; and Christmas Day.
IRON0024-001 08/01/2005
Rates Fringes
Ironworker, Structural ......... $ 21.25 8.16 I
----------- ----------------------------------------------------
PAIN0930-001 07/01/2004 j
Rates Fringes
--------r------------------------$2585
-_----6-�--I-
2 of 5 3/10/2006 3:32 PM
WAIS Document Retrieval
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.egi?dbna.-.
* PLAS0577-001 05/01/2005
Rates Fringes
Cement Mason/Concrete Finisher.$ 22.76 7.15
----------------------------------------------------------------
* PLUM0003-001 01/01/2006
Rates Fringes
Plumber
(Excluding HVAC work) ....... $ 28.67 9.40
----------- ------------------------------------------------ ------
PLUM0208-001 07/01/2005
Rates Fringes!
Pipefitter
(Including HVAC pip e)... ....$ 29.52 8.60'.
--------------------------------------------------------- ------
SHEE0009-001 07/01/2003
Rates Fringes!
Sheet metal worker
(Includes HVAC duct and
installation of HVAC
systems) ....................$ 26.59 9.70
--------------------------------------------------------- ------
SUCO2001-015 12/20/2001
Rates Fringes
Laborer
Common ......................$ 9.56 2.36
--------------------------------------------------------- ------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included witYin
the scope of the classifications listed may be added afteI
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)) . i
----------------------------------------------- 7------
In the listing above, the "SU" designation means that rat s
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designati ns
indicate unions whose rates have been determined to be
prevailing.
3 of 5 3/10/2006 3:32 PM
WAIS Document Retrieval http://frwebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbna...
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
'
On survey related matters, initial contact, including reqests
for summaries of surveys, should be with the Wage and Hou
Regional Office for the area in which the survey was cond cted
because those Regional Offices have responsibility for th
Davis -Bacon survey program. If the response from this ini ial
contact is not satisfactory, then the process described ini 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with thel
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.)
interested party (those affected by the
review and reconsideration from the Wage
(See 29 CFR Part 1.8 and 29 CFR Part 7).
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
is yes, then an
action) can reques�
and Hour Administrator
Write to:
The request should be accompanied by a full statement of tl
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable,
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
to
an
4 of 5 3/10/2006 3:32 PM
WAIS Document Retrieval http://frwebgate.access.gpo.gov/co-bin/getdoc.cgi?dbna...
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
5 of 5 3/10/2006 3:32 PM
Qty. Item Name Description
EXHIBIT "D"
BID BREAKDOWN
BID 5970-CITY OF FORT COLLINS AND CSU TRANSIT CENTER
INTERIOR FURNISHINGS
Page 1 of 2
Manufacturer Model Finish 1 Finish 2 Price Extended
16
C1
Task Chair w/ arms
Crew chair, fixed arms
Turnstone
TS30811
Standard
Gr 1
$ 234.35
$ 3,749.60
9
C2
Task Chair armless
Crew chair, armless
Turnstone
TS30801
Standard
Gr 1
$ 204.25
$ 1,838.25
20
C3
Training chair
Player 4 leg, upholstered
Steelcase
475412M
Standard
Gr 1
$ 129.43
$ 2,588.60
12
C5
Cafe Chair
Player 4 leg, upholstered, armless
Steelcase
475410M
Standard
Gr 1
$ 118.68
$ 1,424.16
6
C7
Bench
Reupholstered
Officesca es
N/A
TBD
TBD
$ 875.00
8
JC8
JChair
Reupholstered
Officescapes
N/A
TBD
TBD
$ 700.00
2
D1
Desk
See attached drawingTurnstone
Multiple
Standard
Standard
$ 1,349.77
$ 2,699.54
1
M1
Lecturn
Laminate lecturn 18x18x38
Turnstone
TS5ALECT
Standard
Standard
$ 238.65
$ 238.65
6
M2
Recycle Bin
Public Square, brown base, 42 gal
Safeco
2984BR
Standard
Standard
$ 120.24
$ 721.44
2
M3
Recycle Bin
Public Square, square lid
Safeco
2989BL
Standard
Standard
$ 36.99
$ 73.98
2
M4
Recycle Bin
Public Square, slotted lid
Safeco
2987BL
Standard
Standard
$ 36.99
$ 73.98
2
M5
lRecycle Bin
Public Square, round lid
Safeco
2988BL
Standard
Standard
$ 36.99
$ 73.98
5
S1
113ench
72" backless bench
Landscape Forms
Balustrad
Pol site
Driftwood
$ 1,076.80
$ 5,384.00
3
S2
Trash can
Victor Stanley Ironsites, 10" ash tray
Victor Stanley
S-1 Steel Dome
Standard
Standard
$ 1,382.66
$ 4,147.98
2
S3
Picnic table
Gretchen
Landscape Forms
Gretchen
Pol site
Driftwood
$1,874.49
$ 3,748.98
3
T1
36" Break table
36" round table, metal x base
Turnstone
TS4TRND36
Standard
Standard
$ 261.87
$ 785.61
TS4TBASE28
$ -
1
T2
Conference table
48"x144" boat shaped table, slab base
Turnstone
TS5ATB48144
Standard
Standard
$ 469.13
$ 469.13
TS5ATBP120
$ -
1
T3
Office table
36" round table for private office
Turnstone
TS5ATRND36
Standard
Standard
$ 233.92
$ 233.92
TS5ATBXS
$ -
1
T4
End table
22x22 end table, 4 leg
Turnstone
TS5ATETL
Standard
Standard
$ 189.20
$ 189.20
TS4TCAFE28
$
4 IT7
Table top
42" square table top
Turnstone ITS4TSQ42
Standard
Standard
$ 116.10
$ 464.40
Product $ 30,480.40
Labor $1,888.00
Base Bid Total $ 32,368.40
OPTIONAL CHAIRS & TABLES SELECTED
Qty. Item Name Description
EXHIBIT "D"
BID BREAKDOWN
BID 5970-CITY OF FORT COLLINS AND CSU TRANSIT CENTER
INTERIOR FURNISHINGS
Page 2 of 2
Manufacturer Model Finish 1 Finish 2 Price Extended
24
C4
Cafe Chair (high)
Player stool, upholstered, no arms
Steelcase
475710M
Standard
Gr 1
$ 212.42
$ 5,098.08
16
C5
Cafe Chair low
Player chair, upholstered, no arms
Steelcase
475410M
Standard
Gr 1
$ 118.68
$ 1,898.88
6
T5
ICafL& Table (high)
36" table top, saturn base, 40-3/4" H
Fixtures
10500/15422-TH
Standard
Standard
$ 269.29
$ 1,615.74
4
T6
ICafi§ Table Low
36" table top, saturn base, 27 H
Fixtures
10500/15422
Standard
Standard
$ 249.00
$ 996.00
Labor $ 750.00
Optional Chairs & Tables Total $ 10,358.70
Total Cost $42,727.71
SECTION 01000- GENERAL REQUIREMENTS
The General Conditions and Supplementary General conditions are hereby made a part of this section as fully as
if repeated herein.
NOTE: NO ASBESTOS OR ASBESTOS CONTAINING PRODUCTS SHALL BE USED IN OR ON THIS
PROJECT. SERVICE PROVIDER WILL FURNISH A NOTARIZED CERTIFICATE INDICATING THAT NO
ASBESTOS EXISTS IN THIS PROJECT.
1.01 LOCATION: Colorado State University Campus, Lory Student Center
1.02 SCOPE OF WORK: Provide all labor tools, materials, equipment, apparatus, operations or methods
listed, mentioned or scheduled on the drawings or specified herein, and such miscellaneous items and
incidental construction necessary and required for the completion of the work.
1.03 SCHEDULE OF VALUES: Within ten (10) working days after award of the contract, the Service Provider
shall file with the Owner, a complete itemized schedule of the values of the various portions of the work.
AIA Form G 702A shall be used for submitting the schedule of values.
1.04 PAYMENTS: Payments for work and materials shall be paid on monthly estimates in accordance with
the Contract Documents to the extent of ninety percent (90%) of the value of the work completed.
Standard AIA Form G 702 & 702A shall be used for submitting monthly estimates.
1.05 WORK SCHEDULES: Within ten (10) working days after award of contract, the Service Provider is to
provide an estimated work progress schedule to show, by dates, the expected starting times, programs
and the completion times of the component parts of the construction.
1.06 SERVICE PROVIDER USE OF PREMISES: The Service Provider shall co-ordinate with the Owner and
the Facility Administrator as to the areas to be used for materials storage, disruption of services or
equipment, access to buildings, and use of utilities.
1.07 LABOR LAWS: All acts of labor shall conform to the requirements of the General Laws pertaining
thereto, and to all local, state, and federal safety regulations pertaining to protection of construction
workers shall be met. Such laws shall include, but not be limited to State Labor laws and Occupational
Safety and Health Administration rules and regulations.
1.08 SPECIFICATIONS:
A. In the event that the specifications inadvertently fail to contain a specification for work to be done
and material to be furnished, then the Standard Current Specification or Requirements of the
ASTM, ASME, ASEE, NBFU or BEC, shall apply. Should the above specifications not apply,
then the work done, equipment or material furnished shall be as directed by the Architect.
B. Titles to divisions and paragraphs in these specifications are introduced for convenience and
shall not be construed as correct or complete regarding segregation of materials or labor for
trade breakdown. No responsibility is assumed by the Owner or the Architect for omissions or
duplications by the Service Provider or his Sub - Service Providers due to real or alleged error in
arrangement of the specifications.
1.09 MANUFACTURER'S DIRECTIONS: All manufactured articles, material and equipment shall be applied,
installed, connected, erected, used, cleaned and conditioned as directed by the manufacturers unless
herein specified to the contrary.
1.10 SHOP DRAWINGS, SUBMITTALS, MANUFACTURER'S LITERATURE: The Service Provider shall
provide for the Owner's approval, five (5) copies of submittals or manufacturer's literature. The Service
Provider shall submit two (2) prints and one (1) reproducible "sepia", or five (5) prints of shop drawings.
Furthermore, it is the responsibility of the Service Provider to check these drawings, prior to submitting
for the Owner's review, as to completeness and to assure himself that those items, beyond that shown on
the drawings, are provided to correspond to the particularities of the product supplied by said Service
Provider.
1.11 SUBSTITUTION: Specific type of products or brand name products may be specified to set the standard
of quality. Substitute materials may be used. The City will be the sole judge as to whether substitutes
meet required specifications.
END OF SECTION 01000
SECTION 01010- SUMMARY OF WORK
The General Conditions, any Supplementary General Conditions and Division 1, General Requirements are
hereby made a part of this section as fully as if repeated herein.
GENERAL
1.01 DESCRIPTION:
A. The Work specified in this Section consists of furnishing all labor, materials, tools, equipment,
services, and incidentals for the loose furnishings for the City of Fort Collins and Colorado State
University Transit Center.
B. The Work includes modular desk layouts, loose chairs, tables, conferencing furniture, recycling
containers, and site furnishings.
1.02 WORK BY OTHERS:
A. The Service Provider is hereby notified that there are other construction activities within the
Project and adjacent to the Work sites scheduled throughout the duration of this contract. It is
the Service Provider's responsibility to keep apprised of such projects and how they may affect
the Work. The Service Provider shall maintain contact with the Owner and with other contractors
and schedule work so as to minimize the effect of such construction activities on other site
activities.
- B. Separate contracts may be issued by the Owner to others to perform certain construction
operations at the site. Those operations may precede construction operations performed under
this Contract, or may proceed concurrently with Work of this Contract. Refer to remaining
Section of Division 1 for Owner -furnished items and work.
C. Service Provider's use of premises: During the construction period, the Service Provider shall
have full use of the premises for construction operations, including use of the site. The Service
Provider's use of the premises is limited only by the Owner's right to perform construction
operations with its own forces or to employ separate contractors on portions of the project.
1. Confine operations to areas within limits indicated, or agreed upon with Owner.
Portions of the site beyond areas in which construction operations are indicated are not
to be disturbed. Confirm any site access restrictions or limitations with the Owner prior
to beginning work.
2. Keep driveways and entrances serving the premises and adjacent premises clear and
available to the Owner and the Owner's employees at all times. Do not use these areas
for parking or storage of materials. Schedule deliveries to minimize space and time
requirements for storage of materials and equipment on site. Right-of-way access
roadways through the site to adjacent properties shall be maintained for public access
at all times, unless alternate means are agreed to with the Owner, and are acceptable to
all concerned parties.
3. Burial of Waste Materials: Do not dispose of organic or hazardous materials on site,
either by burial or by burning.
1.03 FUTURE WORK: The Service Provider is hereby notified that there are other future construction
activities within the Project and adjacent to the Work sites scheduled after completion of this Contract. It
is the Service Provider's responsibility to keep apprised of such projects and how they may affect the
Work.
1.04 OWNER OCCUPANCY:
A. During the Contract time, the Owner will be occupying the facility.
PRODUCTS (NOT USED)
EXECUTION