HomeMy WebLinkAboutBID - 5961 LEAD BASED PAINT ABATEMENT NIX FARMAdministrative Services
Purchasing Divison
215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com
CITY OF FORT COLLINS
INVITATION TO BID
BID 5961
Lead-Based Paint Abatement @ Nix Farm-Barn
BID OPENING: 3:00 p.m. (our clock), February 2, 2006
Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk
Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the
time and date noted on the bid proposal and/or contract documents. If delivered, they are to be
sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is
P.O. Box 580, Fort Collins, 80522-0580.
Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), February 2,
2006.
A pre-bid meeting will be held January 19, 2006 at 10:00 a.m. at the site.
Questions concerning the scope of the bid should be directed to Project Manager Steve White,
(970) 221-6273.
Questions regarding bid submittal or process should be directed to John D. Stephen CPPO, CPPB
Senior Buyer (970) 221-6777.
A copy of the Bid may be obtained as follows:
1. Download the Bid from the Purchasing Webpage, Current Bids page, at:
https://secure2.fcgov.com/bso/login.jsp.
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the Bid.
Special Instructions
All bids must be properly signed by an authorized representative of the company with the legal
capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set
for closing. Once bids have been accepted by the City and closing has occurred, failure to enter
into contract or honor the purchase order will be cause for removal of supplier's name from the City
of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may
also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of
forty-five (45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained
in the City's specifications initially provided to the bidder. Any proposed modification must be
accepted in writing by the City prior to award of the bid.
Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly
identified by the bid number and bid name contained in the bid proposal.
No proposal will be accepted from, or any purchase order awarded, to any person, firm or
corporation in default on any obligation to the City.
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
SA January 2005
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Bidders must be properly licensed and secure necessary permits wherever applicable.
Bidders not responding to this bid will be removed from our automated vendor listing for the subject
commodities.
The City may elect where applicable, to award bids on an individual item/group basis or on a total
bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject
any and all bids, and to waive any irregularities or informalities.
Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision-
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or
is seeking to do business with the City of Fort Collins is prohibited.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight
charges must be included in prices submitted on proposal.
Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not
entered as separate pricing on the proposal form.
Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with
the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing
Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions.
Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported
to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is
not a collusive or sham bid.
Bid results: for information regarding results for individual bids send a self-addressed, self-stamped
envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after
the bid opening.
James B. O’Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
SA January 2005
3
BID #5961
LEAD-BASED PAINT ABATEMENT @ NIX FARM-BARN
BID OPENING: February 2, 2006, 3:00p.m., (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR
LEAD-BASED PAINT ABATEMENT @ NIX FARM-BARN PER THE BID INVITATION AND
ANY REFERENCED SPECIFICATIONS AND DRAWINGS:
The City of Fort Collins' is requesting bids for the lead-based paint removal and surface preparation
at Nix Natural Area located at 1745 Hoffman Mill Road, Ft Collins. Lead based paint containing
materials must be removed in accordance with applicable Federal, State and local requirements,
and Asbestos Abatement Work Plan.
Project must be completed within 14 working days or as approved by the Project Manager.
Contractor must enter into the attached Service Agreement and name the City of Fort Collins as an
additional insured per Exhibit “B”.
A pre-bid meeting will be held January 19, 2006 at 10:00 a.m. at the site.
If questions on these specifications, please call Steve White, Project Manager at 970-221-6273.
Purchasing questions should be referred to John Stephen, CPPO, CPPB, Senior Buyer at 970-221-
6775.
BID SCHEDULE
Our firm will remove lead-based paint (LBP) and perform surface preparation by competent persons
trained, knowledgeable and qualified in the techniques of LBP removal, surface preparation, waste
disposal and OSHA lead compliance. The Contractor must comply with all applicable federal,
state, and local regulations and be capable of performing the work specified in the specifications.
Lump Sum $_______________
FIRM NAME____________________________________________
Are you a Corporation, Partnership, DBA, LLC, or PC
SIGNATURE____________________________________________
ADDRESS______________________________________________
______________________________________________
PHONE/FAX # __________________________________________
Environmental Scientists and Engineers, LLC
TABLE OF CONTENTS
1 PROJECT SUMMARY ....................................................................................................... 1
2 SCOPE OF WORK .............................................................................................................. 2
2.1 Paint to be Removed ........................................................................................................ 2
2.2 Area to be Prepared for Repainting.................................................................................. 2
2.3 Recommended Removal, Surface Preparation, and Cleanup Techniques ....................... 2
2.4 Waste Handling/Disposal................................................................................................. 3
2.5 Special Considerations..................................................................................................... 3
3 WORKER PROTECTION.................................................................................................. 4
3.1 Lead Compliance Program............................................................................................... 4
3.2 Lead Worker Health and Safety Regulations................................................................... 4
3.3 Additional Regulations..................................................................................................... 5
4 VISUAL CLEARANCE....................................................................................................... 6
LIST OF APPENDICES
APPENDIX A XRF SCREENING RESULTS AND ASBESTOS ANALYTICAL
RESULTS
City of Fort Collins, Nix Natural Area–Barn Structure, Lead-Based Paint SOW - 1/6/2006 i
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LIST OF ACRONYMS AND ABBREVIATIONS
CDPHE Colorado Department of Public Health and Environment
CFR Code of Federal Regulations
DOT United States Department of Transportation
EPA United States Environmental Protection Agency
HEPA High Efficiency Particulate Air
HUD United States Department of Housing and Urban Development
LBP Lead-Based Paint
OSHA United States Department of Labor, Occupational Safety and Health
Administration
PEL Permissible Exposure Limit
RCRA Resource Conservation and Recovery Act
TWA Time-Weighted Average
WALSH Walsh Environmental Scientists and Engineers, LLC
XRF X-Ray Fluorescence
mg/cm2 Milligrams Per Square Centimeter
µg/m3 Micrograms Per Cubic Meter
City of Fort Collins, Nix Natural Area–Barn Structure, Lead-Based Paint SOW - 1/6/2006 ii
Environmental Scientists and Engineers, LLC
Scope of Work for Lead-Based Paint Removal and Surface
Preparation
City of Fort Collins
Nix Natural Area–Barn Structure
1745 Hoffman Mill Road
Fort Collins, Colorado
1 PROJECT SUMMARY
Walsh Environmental Scientists and Engineers, LLC (WALSH) was contracted by the City of
Fort Collins to develop Scope of Work for lead-based paint (LBP) removal and surface
preparation activities at the Nix Natural Area-Barn Structure, 1745 Hoffman Mill Road, Fort
Collins, Colorado. The activities described in this Scope of Work are not intended to
permanently contain or eliminate the LBP hazard and therefore is not a State of Colorado
Regulation 19 “Abatement Project,” but instead is intended to prepare and restore painted
exterior portions of the structure while adhering to the U.S. Department of Labor, Occupational
Safety and Health Administration (OSHA) regulations, Resource Conservation and Recovery
Act (RCRA), and any other applicable regulations. OSHA regulates worker exposure to lead
under regulations promulgated under 29 Code of Federal Regulations (CFR) 1926.62. This
standard applies to all construction work where employees may be occupationally exposed to
lead, including renovation and remodeling activities. During the LBP removal and preparation
functions the selected contractor must comply with all requirements outlined in 29 CFR
1926.62. The general scope for this project is as follows:
Remove loose and damaged paint form exterior painted building components and
prepare remaining surfaces for repainting.
Remove loose paint chips present in surficial soils surrounding the structure.
Perform post-removal cleaning activities on exterior painted building surfaces.
Dispose of lead-contaminated paint chips, debris, and waste water in accordance with
applicable federal, state, and local regulations.
The exterior paint on the structure was observed to range from a fair to very poor condition.
The exterior of the structure was screened for LBP with a portable X-ray fluorescence (XRF)
spectroscopy analyzer, by WALSH on October 26, 2005. The U.S. Environmental Protection
Agency (EPA), Colorado Department of Public Health and Environment (CDPHE), OSHA, and
other agencies define LBP as paint having a lead content of greater than or equal to 1.0
milligrams per square centimeter (mg/cm2) using XRF analysis. Select exterior typical painted
components of the structures were evaluated for the presence of LBP. A table included in
Appendix A provides a summary of the painted components screened for lead at the site and the
screening results. XRF analysis results identified several components that contained lead above
the 1.0 mg/cm2 level.
City of Fort Collins, Nix Natural Area–Barn Structure, Lead-Based Paint SOW - 1/6/2006 1
Environmental Scientists and Engineers, LLC
The following sections of this scope of work describe the areas of LBP to be removed, prepared,
recommended work practices, and basic OSHA regulatory compliance issues. An outline of
applicable regulatory requirements is also included.
2 SCOPE OF WORK
The work specified herein shall be the LBP removal and surface preparation for repainting at
the Nix Natural Area-Barn Structure, 1745 Hoffman Mill Road in Fort Collins, Colorado. The
structure is currently being used for equipment storage purposes. The work must be performed
by persons trained, knowledgeable, and qualified in the techniques of LBP removal, surface
preparation, waste disposal, and OSHA lead compliance. The paint to be removed and surface
prepared for repainting are described in the Section 2.1 below. The selected contractor is
responsible for determining exact quantities to be removed and quantities of surfaces to be
prepared for repainting.
2.1 Paint to be Removed
All exterior paint (white and green), that is loose, peeling, and/or cracking shall be
removed and properly disposed.
All paint that has delaminated from the structure and fallen onto the ground surrounding
the structure shall be removed and properly disposed.
2.2 Area to be Prepared for Repainting
All exterior painted surfaces (i.e. doors, fascia, siding, soffit, trim, windows, etc.) shall
be prepared for repainting by the selected contractor.
All areas where the paint has become loose, peeled away, cracked, or chipped shall be
sanded with sanders attached to high efficiency particulate air (HEPA) filter equipped
vacuums, wet sanded, or wet scrapped until smooth and then “feathered out.” When
complete all surfaces must be smooth and dust free to allow for proper paint adhesion.
2.3 Recommended Removal, Surface Preparation, and Cleanup Techniques
Setup a functional decontamination area or unit.
Establish a controlled work area using physical barriers and/or barrier tape.
Remove all visible loose paint from the soil surrounding the structure.
Install six millimeter polyethylene drop cloths extending a minimum of ten feet out
from the structure.
Pre-wet (mist) painted surfaces to be prepared to minimize dust generation during
preparation activities.
Sand with HEPA filter equipped sanders; wet sand, and/or wet scrape all deteriorated
surfaces.
Wet wipe all surfaces using a high-phosphate detergent solution to remove visible dust.
After drying, vacuum all surfaces with HEPA filter equipped vacuums.
City of Fort Collins, Nix Natural Area–Barn Structure, Lead-Based Paint SOW - 1/6/2006 2
Environmental Scientists and Engineers, LLC
2.4 Waste Handling/Disposal
The selected contractor is responsible for proper waste containerization, storage,
characterization, and labeling in accordance with applicable federal, state, and local
regulations.
All lead-contaminated waste will be bagged or wrapped in six millimeter polyethylene
sheeting prior to being removed from the controlled work area.
Waste will be staged in a secure area on-site until transported to a disposal site.
Waste material will not be handled in such a way as to generate dust.
No visible emissions will be created during any waste handling activity.
Properly manifest, transport, and dispose of lead-contaminated paint chips, debris, and
waste water in accordance with applicable federal, state, and local regulations.
2.5 Special Considerations
Prior to the start of any field work, the selected contractor is required to submit a
written lead compliance plan to the building owner and/or owner’s representative.
Electricity (115 volt) is available at the site. The contractor is responsible for providing
any rework wiring required. Any rework wiring required must be done by a qualified
and licensed electrician.
Water and sewer service is available at the site. All waste water will be collected,
filtered, and disposed of in accordance with local wastewater facility requirements.
Removal and surface preparation methods should be chosen to minimize the generation
of dust (e.g. wet methods and/or HEPA filter equipped sanders).
Selected contractors shall take steps to prevent the transport of dust, debris, or other
contamination to adjacent portions of the site.
All of the exterior window glazing on the barn structure (approximately 240 linear feet)
contains a trace (less than 1.0 percent) amount of asbestos. This material is currently
not regulated by the USEPA or the CDPHE. If this material is disturbed, the contractor
must comply with all current OSHA regulations for monitoring employee exposure to
asbestos, as well as comply with proper disposal requirements (if removed). If asbestos
material is disposed, the selected contractor will provide a copy of the completed waste
manifest to the owner and/or the owner’s representative. Analytical results for the
asbestos samples collected are included in Appendix A.
All waste and debris generated by the selected contractor during the removal and
surface preparation activities must be disposed of as a hazardous waste unless
characterized as non-hazardous. The contractor may, at their own expense, segregate
and characterize different waste streams (i.e. personal protective equipment, water
filters, polyethylene sheeting, etc.). Analytical results of all waste characterization tests
must be submitted to the owner and/or the owner’s representative. The contractor is
responsible for all costs associated with the analytical testing and proper disposal of
these lead-contaminated materials. In addition, the selected contractor will provide a
copy of the completed waste manifest to the owner and/or the owner’s representative.
The building owner and/or owner’s representative will provide a final visual inspection
for all work areas. Clearance protocols will include a visual inspection to determine
City of Fort Collins, Nix Natural Area–Barn Structure, Lead-Based Paint SOW - 1/6/2006 3
Environmental Scientists and Engineers, LLC
that each specified area is free of loose paint and visible dust and that the surface is
ready for repainting. The final project clearance criteria are described in Section 4.
The selected contractor is responsible for removing any/all fixtures, fixed objects, and
other items that may be required to facilitate removal and surface preparation. The
contractor is responsible for reinstalling any removed items unless the item is noted for
removal and disposal.
3 WORKER PROTECTION
3.1 Lead Compliance Program
The selected contractor is responsible for developing and implementing a site-specific written
lead compliance program for the project. A written plan for this lead compliance program must
be submitted and approved by the owner and/or the owner’s representative prior to the start of
any work. After the plan is approved, a copy must be available throughout the duration of
project for subsequent on-site inspection. The following items are considered major
components of the plan:
Regulatory Information
Description of Emission Activities
Permissible Exposure Limit (PEL) Compliance Technologies
Air Monitoring Data Documenting Lead Emissions
Program Schedule Implementation
Work Practices
Administrative Control Schedule
Potential Affected Employee Notification
Work Site Inspection
Personnel Protection
Housekeeping
Hygiene Facilities and Protection
Medical Surveillance
Medical Removal
Employee Information and Training
Signage
Observation of Monitoring
Recordkeeping, and
Other Relevant Information.
3.2 Lead Worker Health and Safety Regulations
OSHA regulates worker exposure to lead under regulations promulgated under 29 CFR
1926.62. This standard applies to all construction work where employees may be exposed to
lead, including renovation and remodeling activities. During the LBP removal and preparation
functions the selected contractor must comply with all requirements outlined in 29 CFR
1926.62. Briefly summarized, the standard requires the following:
City of Fort Collins, Nix Natural Area–Barn Structure, Lead-Based Paint SOW - 1/6/2006 4
Environmental Scientists and Engineers, LLC
Representative and periodic air monitoring must be conducted for all employees
potentially exposed to airborne (fume and dust) lead.
Establish a lead action level of 30 micrograms per cubic meter (µg/m3) of air calculated
over an eight-hour time-weighted average (TWA) period.
Establish a lead permissible exposure limit (PEL) of 50 µg/m3 of air averaged over an
eight-hour TWA period.
Conduct preliminary exposure assessment (air monitoring) to determine that the
airborne lead concentration has not exceeded the action level or the PEL.
Provide adequate protection of employees during the preliminary exposure assessment.
Apply engineering and administrative controls or respiratory protection for workers
potentially exposed above the PEL.
Provide a written compliance program to control workers’ lead exposure to below the
PEL.
Provide protective clothing for workers exposed above of the PEL or when there is a
potential for eye and skin irritation.
Provide hygiene facilities and procedures where workers are exposed above the PEL
without regard to the use of respirators.
Conduct biological testing consisting of blood sampling and analysis for lead at the
beginning and at the end of the project.
Provide medical removal protection for workers overexposed to lead.
Provide information and training for employees who may be exposed to lead.
Erect warning signs where workers are exposed above the PEL.
Maintain employee lead exposure monitoring information/records and medical
examinations.
3.3 Additional Regulations
All federal, state, and local regulations must be followed during the removal and surface
preparation of lead contaminated materials. Additional regulations include, but are not limited
to the following:
U.S. Department of Labor, Occupational Safety and Health Administration (OSHA):
29 CFR 1910.20 Exposure Monitoring/Medical Surveillance Recordkeeping
29 CFR 1910.134 Respiratory Protection
29 CFR 1926.20 General Safety and Health Provisions
29 CFR 1926.21 Safety Training and Education
29 CFR 1926.23 First Aid
29 CFR 1926.24 Fire Protection
29 CFR 1926.25 Housekeeping
29 CFR 1926.28 Personal Protective Equipment
29 CFR 1926.59 Hazard Communication
29 CFR 1926.103 Respiratory Protection
29 CFR 1926.451 Scaffolding
29 CFR 1926.500 Fall Protection
City of Fort Collins, Nix Natural Area–Barn Structure, Lead-Based Paint SOW - 1/6/2006 5
Environmental Scientists and Engineers, LLC
U.S. Department of Transportation (DOT):
49 CFR 171 and 172 Hazardous Substances Transportation
U.S. Environmental Protection Agency (USEPA):
40 CFR 260, 261, Resource Conservation and Recovery Act (RCRA)
262, 263, and 264
U.S. Department of Housing and Urban Development (HUD):
24 CFR 35, 905, Lead-Based Paint Hazard Elimination; Interim Rule
941, 965, and 968
4 VISUAL CLEARANCE
Upon completion of removal and surface preparation activities, the owner and/or owner’s
representative will perform a thorough visual inspection. This visual inspection will confirm
that all loose paint has been removed from the surfaces and visible paint from the soil, and that
all surfaces shall be free of visible dust. In addition all surfaces must be smooth and ready for
repainting. Any areas which exceed these visual clearance criteria will require supplemental
removal and/or surface preparation work at no additional cost to the owner.
City of Fort Collins, Nix Natural Area–Barn Structure, Lead-Based Paint SOW - 1/6/2006 6
Environmental Scientists and Engineers, LLC
APPENDIX A
XRF SCREENING RESULTS AND ASBESTOS ANALYTICAL
RESULTS
City of Fort Collins, Nix Natural Area–Barn Structure, Lead-Based Paint SOW - 1/6/2006
Environmental Scientists and Engineers, LLC
Lead-Based Paint Screening Results
City of Fort Collins
Nix Natural Area–Barn Structure
1745 Hoffman Mill Road, Fort Collins, Colorado
Location Component Type Visible Color Number of
Readings
XRF Range mg/cm2
or AAS %
Lead-Based Paint Comments
Exterior Door, Door trim, window trim,
window frame, and wall
White and
green
13 0.52 to 8.43 Yes
Exterior Door and door trim White and
light green
6 -0.47 to 0.10 No Doors on
south side of
building
City of Fort Collins, Nix Natural Area–Barn Structure, Lead-Based Paint SOW - 1/6/2006
Page 1 of 2
Laboratory Code: RES
Subcontract Number: NA
Laboratory Report: RES 121304-1,2
Project Description: 5386-010
Troy Sanders
RES 121304-1,2
Sincerely,
Michael Scales
November 7, 2005
Analyst(s): _________________________
Paul D. LoScalzo Wenlong Liu
Paul F. Knappe Rich Wegrzyn
is the job number assigned to this study. This report is considered highly confidential
and the sole property of the customer. Reservoirs Environmental, Inc. will not discuss any part of this study
with personnel other than those of the client. The results described in this report only apply to the samples
analyzed. This report must not be used to claim endorsement of products or analytical results by NVLAP or
any agency of the U.S. Government. This report shall not be reproduced except in full, without written
approval from Reservoirs Environmental, Inc. Samples will be disposed of after sixty days unless longer
storage is requested. If you have any questions about this report, please feel free to call 303-964-1986.
Jeanne Spencer Orr
President
Dear Customer,
Reservoirs Environmental, Inc. is an analytical laboratory accredited for the analysis of Industrial Hygiene
and Environmental matrices by the National Voluntary Laboratory Accreditation Program (NVLAP), Lab
Code # 101896 and the American Industrial Hygiene Association (AIHA), Lab ID 101533 - Accreditation
Certificate #480. This laboratory is currently proficient in both Proficiency Testing and PAT programs
respectively.
Reservoirs Environmental, Inc. has analyzed the following samples for asbestos content as per your
request. The analysis has been completed in general accordance with the appropriate methodology as
stated in the attached analysis table. The results have been submitted to your office.
Walsh Environmental - (F.C.)
2629 Redwing Rd. , Suite 280
Ft. Collins CO 80526
COFC Nix Farm Barn
Reservoirs Environmental, Inc.
2059 Bryant St. Denver, CO 80211
(303) 964-1986 Fax (303) 477-4275 Toll Free (866) RESI-ENV
Page 2 of 2
TABLE PLM BULK ANALYSIS, PERCENTAGE COMPOSITION BY VOLUME
RES Job Number:
Client:
Client Project Number / P.O.:
Client Project Description:
Date Samples Received:
Analysis Type:
Turnaround:
Date Analyzed:
Client Non Non-
Sample Sub Asbestos Fibrous
Number Physical Part Fibers Components
Description (%) Mineral Visual Components (%)
Estimate (%) (%)
.
5386010-BARN-OT01-01 EM 59981 A Black granular tar 100 ND TR 100
5386010-BARN-WG01-01 EM 59982 A White/tan glaze 100 ND TR 100
5386010-BARN-WG01-02 EM 59983 A White glaze 100 Chrysotile 2 098
Point Count <0.25
RESERVOIRS ENVIRONMENTAL, INC.
NVLAP Accredited Laboratory # 101896
TDH Licensed Laboratory # 30-0136
ID Number
L
A
Y
E
R
Lab
PLM, Short Report
3-5 Day
Asbestos Content
RES 121304-1,2
November 2, 2005
Analyst: MS
5386-010
COFC Nix Farm Barn
Walsh Environmental - (F.C.)
October 27, 2005
ND = None Detected
TR = Trace, < 1% Visual Estimate Trem-Act = Tremolite-Actinolite
_______
Data QA
SA January 2005
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SERVICES 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 ____________________________, hereinafter referred to as "Service
Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of ____ (____) page[s], and
incorporated herein by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit
"B", consisting of ____ (____) page[s], and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within ______________ (____) days following
execution of this Agreement. Services shall be completed no later than _______________. 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.
4. Contract Period. [Option 1] This Agreement shall commence upon the date of
execution shown on the signature page of this Agreement and shall continue in full force and effect
for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City,
the Agreement may be extended for an additional period of one (1) year at the rates provided with
written notice to the Professional mailed no later than ninety (90) days prior to contract end.
4. Contract Period. [Option 2] This Agreement shall commence ________, 200_, and
shall continue in full force and effect until ________, 200_, unless sooner terminated as herein
SA January 2005
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provided. In addition, at the option of the City, the Agreement may be extended for additional one
year periods not to exceed ___ (_) additional one year periods. Renewals and pricing changes
shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published
by the Colorado State Planning and Budget Office will be used as a guide. Written notice of
renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to
contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without 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.
[Early Termination clause here as an option.
6. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the 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: Service Provider:
__________________________ ______________________________
__________________________ ______________________________
__________________________ ______________________________
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.
SA January 2005
6
7. 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 Dollars
($_________) [Option Cost Breakdown is attached Exhibit "C"]
8. 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.
9. 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.
10. Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
11. 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.
12. 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.
SA January 2005
7
(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.
13. 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.
14. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non-defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non-
defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because
of the default.
15. 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.
16. 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.
SA January 2005
8
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured under this
Agreement of the type and with the limits specified within Exhibit ___, consisting of ______ (___)
pages[s], 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.
17. 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.
18. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
19. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit ___, consisting of
_____ (____) page[s], attached hereto and incorporated herein by this reference.
SA January 2005
9
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
[Insert Corporation's name] or
[Insert Partnership name] or
[Insert individual's name]
Doing business as ____[insert name of business]
By:_______________________________
__________________________________
PRINT NAME
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
ATTEST: (Corporate Seal)
_____________________________
CORPORATE SECRETARY
EXHIBIT B
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service
Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations
covered, effective dates and date of expiration of policies, and containing substantially the following
statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10)
days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out
and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and
may deduct the cost of such insurance from any monies which may be due or become due the Service
Provider under this Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider's general liability and automobile liability insurance policies for any claims
arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life
of this Agreement for all of the Service Provider's employees engaged in work performed under this
agreement:
1. Workers' Compensation insurance with statutory limits as required by Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease
aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this
Agreement such commercial general liability and automobile liability insurance as will provide
coverage for damage claims of personal injury, including accidental death, as well as for claims for
property damage, which may arise directly or indirectly from the performance of work under this
Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000
combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible for
any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
Administrative Services
Purchasing Divison
215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com
CITY OF FORT COLLINS
INVITATION TO BID
BID 5961
Lead-Based Paint Abatement @ Nix Farm-Barn
BID OPENING: 3:00 p.m. (our clock), February 2, 2006
Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk
Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the
time and date noted on the bid proposal and/or contract documents. If delivered, they are to be
sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is
P.O. Box 580, Fort Collins, 80522-0580.
Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), February 2,
2006.
A pre-bid meeting will be held January 19, 2006 at 10:00 a.m. at the site.
Questions concerning the scope of the bid should be directed to Project Manager Steve White,
(970) 221-6273.
Questions regarding bid submittal or process should be directed to John D. Stephen CPPO, CPPB
Senior Buyer (970) 221-6777.
A copy of the Bid may be obtained as follows:
1. Download the Bid from the Purchasing Webpage, Current Bids page, at:
https://secure2.fcgov.com/bso/login.jsp.
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the Bid.
Special Instructions
All bids must be properly signed by an authorized representative of the company with the legal
capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set
for closing. Once bids have been accepted by the City and closing has occurred, failure to enter
into contract or honor the purchase order will be cause for removal of supplier's name from the City
of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may
also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of
forty-five (45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained
in the City's specifications initially provided to the bidder. Any proposed modification must be
accepted in writing by the City prior to award of the bid.
Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly
identified by the bid number and bid name contained in the bid proposal.
No proposal will be accepted from, or any purchase order awarded, to any person, firm or
corporation in default on any obligation to the City.
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
SA January 2005
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Bidders must be properly licensed and secure necessary permits wherever applicable.
Bidders not responding to this bid will be removed from our automated vendor listing for the subject
commodities.
The City may elect where applicable, to award bids on an individual item/group basis or on a total
bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject
any and all bids, and to waive any irregularities or informalities.
Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision-
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or
is seeking to do business with the City of Fort Collins is prohibited.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight
charges must be included in prices submitted on proposal.
Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not
entered as separate pricing on the proposal form.
Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with
the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing
Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions.
Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported
to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is
not a collusive or sham bid.
Bid results: for information regarding results for individual bids send a self-addressed, self-stamped
envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after
the bid opening.
James B. O’Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management