HomeMy WebLinkAbout120140 VARSITY FACILITY SERVICES - CONTRACT - RFP - 7443 CUSTODIAL CLEANING FOR TRANSFORT FACILITIESSERVICES 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 Varsity Facility Services, 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:
Scope of Services. The Service Provider agrees to provide services in
accordance with the scope of services attached hereto as Exhibit "A", consisting of sixteen (16)
pages and incorporated herein by this reference.
2. Contract Period. This Agreement shall commence February 1, 2013, and shall
continue in full force and effect until January 31, 2013, unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional
one year periods not to exceed four (4) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley
CPILI 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.
3. 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.
4. Early Termination by City/Notice. Notwithstanding the time periods contained
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replacement oriented items which cannot be corrected through
appropriate cleaning techniques.
3. CUSTOMER SATISFACTION SPECIFICATION
The Service Provider shall manage the resources at its disposal in such a
way as to improve Customer Satisfaction and reduce and control the
number of cleaning complaints, based on the concept of continuous
improvement. A goal of less than ten customer complaints per month must
be achieved within the first twelve months of the agreement.
4. RESPONSE SPECIFICATION
The Service Provider shall respond to all problems presented to it by the
City staff. This response shall conform to the following schedule:
Emergency - on the scene within thirty (30) minutes
Required - completed within eight (8) hours
Planned - provide a clear schedule within one working day
ALL Service Provider response to customer requests must satisfy this
requirement.
5. CONTINUOUS IMPROVEMENT SPECIFICATION
The Service Provider must demonstrate an effective continuous
improvement program for cleaning and key item problems through an
ongoing system improvement and modification process to prevent
complaints and cleaning failure. A 50% success rate is required annually by
this contract.
SERVICE PROVIDER WORK REQUIRMENTS
1. TYPE OF WORK
The work covered by this agreement involves custodial cleaning services for
the cleaning of office space, corridors, lobbies, rest rooms, conference
rooms, exterior entrances, break rooms, locker rooms, bleachers,
gymnasiums, laboratory rooms and any and all customer, employee, and
public spaces contained within City buildings. The work will be performed in
designated buildings as identified in the Supplemental Information. Items to
be cleaned under this contract include, but are not limited to: walls, furniture
and furnishings including: chairs, tables, desks, telephones,
shelving/bookcases, pipes, high dust areas, marker boards, clocks,
exit/other signs, pictures, interior and exterior window glass, window sills,
screens, all floor surfaces, floor coverings (carpeting, rugs, etc.),
baseboards, cabinets, water fountains, doors and door frames, moldings,
transoms, radiators and other heating devices, grills, vents/louvers, mini
blinds, steps/banisters, elevator tracks, coat racks, sofas, credenzas/office
furnishings, filing cabinets, air conditioners, fire extinguishers, drainage and
toilet fixtures, sinks, mirrors, sanitary napkin/other dispensers, lockers,
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shower rooms, shower curtains, partitions, urinals, water free urinals
replacement cartridges and fluids, table -top and modular furniture, lighting
or illuminating fixtures, soap, paper towel and toilet tissue dispensers,
equipment, pads, trash containers, and all customer, employee and public
items.
SUMMARY OF WORK RESPONSIBILITY
The successful Service Provider will be responsible for all cleaning activities
within the buildings as set forth in the Supplemental Information. The
following is a summary of the categorical duties delegated to the Service
Provider and to the City or other contractors.
2. Service Provider Responsibility
- Routine Cleaning
- Periodic Cleaning
- Project Cleaning
- All Floor Surfaces, excluding carpet extraction/shampooing
Carpet Spot Cleaning
Cleanliness of Cleaning Equipment
Computer Rooms
Interior Glass and Frame
Exterior entrance glass only
- Lounges/Break Areas, vending
- Rest Room Supplies
- Sweeping and Policing at Steps, walkways and entrances within 10
feet of building entrances.
Trash Removal to Designated Locations
- Recycle trash emptied from common areas to a main location in
designated buildings
- Storm Windows
- Walk -off Mat Cleaning
- Wall Cleaning
- Sanitary napkin machine product purchase and replacement.
- Shower curtain laundering and replacement.
- All buildings to be cleaned during the 12am to 12pm time frame or
at time noted.
Waterfree Urinal cartridge replacement when needed (Cartridges
provided). Nightly water in Waterfree urinals.
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- Water in floor drains to prevent sewer,gas.
3. City Responsibility
Management of Building Operations and Maintenance Contract
- Furniture Moving
- Other Moving
Mechanical Rooms
- Meeting Room Set -Up
- Falcon Waterfree Urinal Cartridges for replacement
4. Other City Contracts
- Carpet Extraction/Shampooing
- Exterior Windows
5. Changes in Work Requirements
Should the Service Provider find that existing conditions make
modification of the agreement desirable; the Service Provider shall
promptly report the matter to the City for consideration and decision.
During the -contract period or its extension, the City reserves the right
to add or delete specific hours, positions, services and/or locations at
the prevailing contract prices for those variable cost items. The City
may at any time delete/add services and/or buildings from this scope of
services as the City, in its sole discretion, deems necessary or
appropriate. The contract sum shall be reduced by such deletions on a
pro rata basis. All changes in work need to be documented on the
"Change Order Form".
6. Hours of Work
The hours for scheduling custodial cleaning services is presented, by
building, in the Supplemental Information. Primarily between 12am to
12pm service to buildings.
7. City Holidays
City holidays are: New Year's Day, Martin Luther King Day, Presidents
Day, Memorial Day, Fourth of July, Labor Day, Veterans' Day,
Thanksgiving Day, and Christmas Day. If any of these holidays fall on
a Saturday, the City will be off the Friday before. If any of these
holidays fall on a Sunday, the City will be off the following Monday.
The FACILITY will be available for cleaning on these days. Downtown
and Old Town Rest Rooms will always need everyday service as well
as Police Services. All other buildings may not need cleaning on
Christmas Day and New Year's Day. Other holiday cleaning needs will
vary by building.
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SERVICE PROVIDER RESPONSIBILITIES
8. Supplies, Materials and Equipment
A. Rest Room Supplies
All rest room supplies shall be furnished by the Service Provider.
This cost should be included in the contract cost. The exception is
Streets, Water Treatment, Spring Canyon Maintenance shop,
Fossil Creek Maintenance shop and Utility Services which pay their
own. The Lincoln Center supplies are now included in the cost.
These supplies shall be maintained at all times at a level of ten
days requirement, unless otherwise specified by the City
Representative. Paper towels, toilet tissue, soap, and trash bags,
etc. will be issued by the Service Provider from its central stock
point, and the Service Provider shall be responsible for transporting
this material and installing at the point of usage. Supplies shall be
of the biodegradable type, 100% post consumer toilet paper, paper
towel with approved recycle content and the quality that is currently
being provided and to fit the existing dispensers. The replenishing
of sanitary napkin dispensers in applicable buildings will be the
Service Provider's cost and responsibility.
B. Reimbursable Supplies
The City may elect, by change to the agreement, to require the
Service Provider to furnish supplies on a reimbursable basis. In
this event, the City retains the right to participate fully in any
discount arrangements the Service Provider may have with
suppliers of these products. The Service Provider shall provide a
monthly inventory to the City of all supplies issued on a daily basis.
Controls shall be established and implemented by the Service
Provider to safeguard materials. Any losses or irregularities are to
be promptly reported in writing to the City Representative.
C. Cleaning Supplies
All necessary cleaning pads and equipment, including power driven
machines, floor stripping machines, industrial vacuum cleaners,
quiet vacuums, high speed polishing machines, and associated
chemicals and supplies, etc., needed for the performance of the
work involved, shall be furnished by the Service Provider.
D. Plastic Trash Can Liners
The Service Provider shall furnish plastic liners for trash only.
E. Personal Safety Equipment
The Service Provider shall provide its employees with any
necessary safety equipment.
F. Uniforms
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The Service Provider shall provide shirts with company insignia
subject to approval by the City. Company shirts and City ID badges
must be worn at all times by Service Provider employees during
their work shift. The ID badges must be visible on the employee.
G. City Observation
The City shall have the right at all times to examine the supplies,
materials, and equipment used by the Service Provider, and to
observe the operations and methods of the Service Provider, its
agents, servants and employees.
H. Removal and Ownership
In the event of termination or contract expiration, all rest room
supplies and paper products shall remain the Property of the City.
I. Inventory Levels
The City may, from time to time, establish certain minimum
inventories of supplies, materials and equipment to be maintained
by the Service Provider. Recommendations by the Service
Provider are expected at least annually.
9. Equipment or Items Specification
Service Provider furnished equipment, tools, and supplies shall meet
minimum standards as follows:
A. Equipment and Tools
All mechanical equipment and tools shall have bumpers and guards
to prevent marking or scratching of fixtures, furnishings, or building
surfaces. Electrical equipment used by the Service Provider shall
be UL approved, meet OSHA requirements, and all other safety
requirements as specified in the contract. The equipment must
operate using existing circuits. It shall be the Service Provider's
responsibility to prevent operation, or attempted operation, by
custodial employees, or -equipment or combinations of equipment
which require electrical power exceeding the capacity of existing
circuits. Such equipment shall be of the size and type most
efficiently used for high quality work of this kind and shall meet with
the approval of the City Representative. Equipment deemed by the
City to be of improper design, or inadequate for the purpose
intended shall be removed from the premises and replaced with
satisfactory equipment at no expense to the City.
B. Cleaning Supplies
A list of products used by the Service Provider shall be submitted to
the City for approval during the startup period. All listed equipment
and materials are the responsibility of the Service Provider. These
specific products will need to be supplied and used by the Service
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Provider as indicated: Accelerated hydrogen peroxide based preen
seal chemical with solution dispensing on the bottle is required for
all surfaces. This Disinfectant is to be used on all rest room and
locker room surfaces. Non -ammoniated glass cleaner on tinted
glass. Stainless steel cleaner on the EPIC locker room stainless
fixtures only. Not on other surfaces. The following products cannot
be used at the City for any maintenance purpose: pine oils, bleach,
ammonia, de -scalers, lye, oven cleaners, steel wool, powdered
cleansers. Samples of additional janitorial supplies which may be
recommended by.the Service Provider shall be submitted to the
City Representative for approval thirty (30) days prior to the
contract start date, or date of intended use. The pH of any cleaning
materials shall not exceed nine(9). The Contractor must use green
seal, cleaning chemicals. All boxes shall be broken down and
recycled. All chemical containers rinsed and recycled as
appropriate. Quiet vacuums are to be used in day cleaning. Micro
fiber cloths and micro fiber floor mops are to be used for cleaning.
C. Material Safety Data Sheet
The Service Provider shall submit Material Safety Data Sheets on
all products prior to contract start up, in a form acceptable to the
City.
10. Systems Support
As may be requested by the City, the Service Provider is to provide the
systems and technical expertise necessary to set or redefine staffing
labor and resource requirements. Those providing this support shall
be experienced and competent, and shall develop their
recommendations on the basis of the City defined cleanliness levels.
11. Service Provider Resource Responsibility
The Service Provider shall contractually establish and provide all labor,
equipment, tools, supplies, supervision, management and other
resources and services necessary to achieve the cleanliness,
customer satisfaction and management response specifications as
defined in the agreement. This commitment MUST include all routine,
periodic, project and other tasks and frequencies needed to meet the
quality specifications noted. It is intended that no project or special
work is billable under this contract, except in a rare or unusual
situation. And in this event, authorization must be obtained for added
billable work. The Service Provider will notify the City, with a written
order, and will schedule each special project to be performed, when
such work supervision falls outside the context of the agreement.
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12. Service Provider Staffing
The Service Provider shall be obligated to provide its proposed number
of custodial personnel to perform the duties required in accordance
with this agreement at all times. The Service Provider shall keep on
file and furnish to the City Representative a monthly report that
includes a list of the names of all personnel presently working in each
building,and number of hours worked by each person, as certified by
the Service Provider's time records.
All employees of Service Provider employed to carry out the custodial
cleaning services proposed are subject to final approval by the City.
All employees of the Service Provider will be required to adhere to City
Security, Fire and Safety Regulations for Service Provider employees.
Service Provider agrees that it will, upon notice from the City, remove
any supervisor or employee who is, for any reason, unsatisfactory to
the City, and replace him/her with an employee satisfactory to the City.
The Service Provider shall not represent that it and its employees are
either agents or employees of the City.
All Service Provider personnel shall be physically able to do their
assigned work.
All Service Provider personnel shall be capable employees, thoroughly
trained and qualified in the work assigned to them. The employee
shall receive a copy of the Building Information Sheet along with
appropriate training specific to the needs of the building (buildings)
prior to performing the cleaning duties. A copy of the supervisor's
training record must be maintained and provided to the City in advance
of employment on site. Every new employee must receive OSHA's
Hazardous Communication Program training using an established
program, prior to working in any City building.
The Service Provider agrees that only assigned personnel will be
permitted on the City premises and no other personnel including, but
not limited to salesmen, friends, relatives or minors, will be allowed on
premises without prior notice and approval by the City.
The Service Provider employees shall schedule all routine, project, and
other work in such a way as not to interfere with regularly scheduled
City activities and within the time constraints specified by the City.
13. Customer Service Policy
t
The Service Provider shall establish•a clear Customer Service Policy
which is communicated to its employees.
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14.Site Management
The Service Provider shall provide nonworking managers and
supervisors to ensure the performance of the work and proper
supervision of cleaning employees. These managers working hours
shall be during the work hours of the custodians, 12am-12pm.
The Site Manager shall demonstrate adequate knowledge of cleaning
equipment, tools, chemicals, techniques, and related activities and
shall be able to recognize any situations or circumstances under which
the cleaning techniques defined may be improved upon. Proof of this
training and knowledge is required.
The City shall have the right to make minor adjustments in the tasks,
areas, or employees if such minor adjustments do not cause an
increase or decrease in the quality and performance targets to be
achieved. It is understood that additional building space or other areas
may be added, at the City's option, utilizing the change order
procedures outlined in this document.
The City shall have the right to cause the Service Provider to replace
any individual functioning as Site Manger or supervisor.
15.Insurance Requirements
Workers' Compensation & Employer's Liability. The Service
Provider shall maintain during the life of this agreement:
a. Workers' Compensation insurance with statutory limits as
required by Colorado law.
b. Employer's Liability insurance with limits of $100,000 per
accident, $500,000 disease aggregate, and $100,000 disease
each employee.
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.
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16.Special Requirements
Service Provider must ensure all exterior doors are locked, as
necessary, while cleaning and upon leaving the buildings. All rooms
which are found locked are to be relocked after cleaning. The City
requires the Service Provider turn off all lights as cleaning is
completed. Cleaning Teams should remain together as much as
possible to conserve power within the buildings.
Security Alarms must be disarmed and armed using the correct
procedures. $50 will be charged each time the Police are dispatched
because the Service Provider has set off the alarm.
CITY SUPPLIED ITEMS
17. Utilities
The City will provide, at no cost to the Service Provider, electricity and
water utilities.
18.Office Space
The City will provide, at no cost to the Service Provider, desk space at
Operation Services at 300 Laporte in which to establish an on -site
presence. Custodial closets are located in various City facilities, as
denoted on the building floor plans presented in the Supplemental
Information, for the storage of supplies, materials and equipment.
SERVICE PROVIDER OPERATIONAL REQUIREMENTS
19. Key Control
The Service Provider shall establish and implement adequate
methods of ensuring that all keys issued to the Service Provider by
the City are not lost or misplaced and are. not used by unauthorized
person. They shall not be marked with identifying building name.
As a minimum, all such keys shall be kept in a locked key board in the
office of the Service Provider. The Service Provider shall provide the
City with keys necessary to open the locked key board.
No keys issued to the Service Provider shall be duplicated. Access
Cards and fobs will be issued in the name of the Service Provider's
custodians. City Rep to be notified immediately when a custodian
has left. The fob will be canceled and reinstated in the new
custodians name.
All access fobs and keys will be furnished by the City. All lost access
fobs and keys must be reported immediately to the City
Representative. Fobs will be canceled in the system. There is a $10
fee for replacement of lost fobs. All lost keys will be replaced by the
City, not by the Service Provider. However, the sum of $30.00 will be
charged the Service Provider for each key or access fob that is lost by
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the Service Provider. Furthermore, if keys are lost or duplicated by
the Service Provider and, in the opinion of the City, it is necessary to
replace or recode locks for reasons of security, the direct cost of such
replacement or recoding will be paid by the Service Provider.
It is the responsibility of the Service Provider to prohibit the use of
keys or fobs by persons other than those supervised by the Service
Provider's employees. It is also the responsibility of the Service
Provider to prohibit the opening of locked areas by the Service
Provider's employees to permit entrance of persons other than
Service Provider's employees engaged in the performance of
assigned work in those areas.
20. Lost and Found
It shall be the responsibility of the Service Provider to instruct its staff
and employees that all articles of possible personal or monetary value
found by the Service Provider's employees be turned in to the City at
Operation Services at 300 Laporte.
21.Time Cards/Payroll Documentation
All of Service Provider's employees shall be required to call in or sign
a time sheet at the start and end of each shift. This record shall be
submitted to the City to confirm actual labor cost on invoices
submitted, and in any event, shall comply with the City's requirement
for auditing Service Provider labor hours.
22. Problem Identification
All supervisors will be responsible to call and leave a report for the
City Representative identifying any needed repairs to the building, its
furnishings, its fixtures, its mechanical equipment and other such
items. Service Provider supervisors will also call when in their
opinion, carpeting needs to be extracted. This information will be
called in on a daily basis. If the problem is critical in nature and
requires immediate action, they shall call Operations Services
emergency number immediately.
23. Reporting System
The Service Provider shall maintain records adequate to reflect, in
accordance with sound accounting and administrative practices, all
services provided under the agreement. It shall issue such reports as
the City may reasonably request, including but not limited to monthly
and quarterly cumulative accounting reports. All records shall identify
area -by -area and building -by -building data.
At the City's request, the Service Provider shall make all payroll
records, training records, invoices for materials, and other relevant
records pertinent to the contract available to the City Representative
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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:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
Varsity Facility Services
Attn: Purchasing
Attn: Jim Pierce
Attn: Brian Hales
PO Box 580
PO Box 580
3720 W 72nd Ave
Fort Collins, CO 80522
Fort Collins, CO 80522
Westminster, CO 80030
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.
5. Contract Sum. The City shall pay the Service provider for the performance of this
i
Contract, subject to additions and deletions provided herein, per the attached Exhibit "B",
consisting of ten (10) pages, and incorporated herein by this reference.
6. 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.
7. 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.
8. 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
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or its authorized representative for the purposes of inspection and
audit of such records. Any substantive changes affecting any
dimension of work performed shall be brought to the immediate
attention of the City. The Service Provider shall not enter into any
agreement or take any action which may interfere with the rights of the
City as noted under this contract, or compromise with City's ability to
serve the needs of its physical plant, occupants, employees,
management, or customers.
24.Specific Report Requirements
1. Daily
a. The Service Provider shall maintain daily weekday contact
with the City Representative.
b. A list of problems found by supervisors, are to be called into
City Representative's voice mail nightly. (Emergency calls to
Operations Services emergency number.)
c. Work orders will be issued for cleaning complaints made by
City personnel or for work requests. These shall be reviewed
daily by the Service Provider for follow up and resolution. The
Service Provider shall sign, date and return on or before the
due date.
d. A log listing the names of the Service Provider's personnel
present for work daily and the number of hours worked by
each person shall be available.
2. Weekly
Periodic Floor Care Reporting. The Service Provider shall log all
the periodic floor care that is completed each night. This log shall
be available for weekly review by the City Representative.
3. Monthly
Service Provider shall be available to inspect buildings on a
monthly basis with City Representative. Results will be provided
to the Service Provider.
Schedule 9 — A schedule 9 sheet for each building is due on the
first business day of every month along with an invoice showing
each buildings total cost.
25. Safety and Health
The Service Provider must promptly report to the City cases of death,
occupational disease and injury caused by work on the job. Verbal
notification must be followed by a written report describing the
incident. The Service Provider must provide emergency first aid and
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treatment of job -related injuries in accordance with the requirements
of its insurance plan.
26. Relief Personnel
The Service Provider shall employ an adequate quantity of on -call
relief personnel not permanently assigned to the Facility who shall be
pre -approved and used to complete the work assignment of absent
employees normally assigned to work in a specific area. Such relief
personnel may perform authorized project work when not performing
routine work. These relief personnel shall not be charged against the
City, directly or indirectly, including wages, benefits and/or other costs
regardless of the regular or overtime hours worked, when replacing
regular workers.
If the Site Manager or a supervisor is absent, the Service Provider
shall provide a replacement that is competent and has been given the
authority to carry out the duties of the Site Manager, subject to the
approval of the City.
27. Soliciting
All soliciting is prohibited on the City premises by Service Provider
employees. Service Provider shall inform its employees of this policy
prior to their beginning work under the contract.
28.Access to City Facilities
Prior to beginning work under this Contract, the Service Provider must
obtain a background clearance using Colorado Data Base
Investigations and/or Colorado Bureau of Investigations -Crime
Information Center.' Also Service Provider must check for valid
documents through Homeland Security, Immigration and Custom
Enforcement (ICE). An appointment must be made by the Service
Provider with Operations Services, City of Fort Collins, 970-221-6610,
for a City picture ID. The Service provider must bring a copy of the
CBI report for City records. The City may deny clearance to any
person who:
• Has an active criminal arrest warrant;
• Has a felony arrest or conviction;
• Has a drug -related misdemeanor or drug -related petty offensive
conviction
• Has a non -drug -related misdemeanor or a petty offensive
conviction within the past three (3) years;
• Is a suspect in an active criminal investigation;
• Was previously terminated from employment by the City of Fort
Collins;
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• Is determined to be a threat to the safety of persons or property
or to the confidentiality of City information.
Operations Services shall provide the Service Provider with a picture
identification tag for all persons given clearance. Such identification
tags shall be displayed, in an easily seen manner, on all employees
while working in City buildings. Identification tags and access fobs
shall immediately be returned to the City Representative when the
employee no longer works for the Service Provider in City Buildings.
Any Service Provider employee without a properly displayed
identification card is subject to immediate eviction from the City
Building. The Service Provider shall provide the City with a current
and complete list of the names, I.D. card numbers, address and
telephone numbers of all Service Provider personnel providing
services under this agreement. The Service Provider shall keep this
list current and shall immediately inform the City of all personnel
changes.
SPECIAL PROVISIONS
29. Performance Incentive Payment System
The City will reimburse the Service Provider for approved services,
subject to the following incentive payment system: (compensation on
specific building basis).
a. If the quality specification range required by this Agreement is not
achieved, the Service Provider's monthly compensation shall be
based on the Service Provider's operating cost, defined as: Full
monthly building invoice less profit, adjusted for any City credits, as
provided by this RFP.
b. If the quality specification range required by this Agreement is
achieved, the Service Provider's monthly compensation shall be
based on the Service Provider's full monthly building invoice,
adjusted for any City credits, as provided by this RFP.
c. If the quality specification range required by this Agreement is
exceeded, the Service Provider's monthly compensation shall be
based on the Service Provider's full monthly building invoice, plus
up to 10% incentive (1 % incentive for each 1 % performance over
the target range), adjusted for any City credits, as provided by this
RFP.
d. The Service Provider is required to award at least 5% of the total
incentive received each month for each building to the Site
Management and 10% to the Custodian/s for the particular building
they clean.
The first three months of the contract is a grace period, allowing all
parties time to become familiar with the quality management system,
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for the Service Provider to become familiar with the facilities, and for
the Service Provider to complete their phase in plan. There will be no
incentives paid nor profits penalized for the first ninety (90) days'
of the contract.
30.Statements and Invoicing
The Service Provider shall prepare and submit to the City
Representative an operating report and invoices for all work, including
special projects work. The operating report shall consist of an
explanation of all charges incurred due to the regular monthly
execution of the contract and as indicated below. The monthly invoice
shall reflect the contract price only as justified by the operating report.
Approved reimbursable items are to be treated separately.
a. Routine Work
A monthly statement shall be submitted for routine Service Provider
hours actually worked in each specific building. An invoice for each
monthly period in each building is to be submitted as an attachment
to the monthly operating report.
b. Special Project Work
A monthly statement shall be submitted for completed special
projects work which is outside the scope of the agreement. The
entire' project work must be completed in accordance with the City
work order procedure and policy.
All invoices are to be submitted as an attachment to the Service
Provider's monthly operating report.
Payments shall be made in response to invoices submitted to:
City of Fort Collins
Accounting Dept.
(P.O. Box 580)
Fort Collins, CO 80522-0580
The City shall pay the amount invoiced for work performed under the
agreement for that accounting period within thirty (30) days of receipt
of invoices, provided that such payments shall be subject to audits by
the City and that any resulting adjustments in favor of the City shall be
applied as a credit to the next payment to be made to Service Provider
pursuant to the agreement.
31. Deductions, Adjustments and Damages
The City shall have the right to assess damages for breach of the
Service Provider's obligations. The exercise of its rights shall not
preclude the City's right to terminate or revoke the agreement.
Deductions and adjustments (as a credit to the Service Provider's
BID 7444 Carpet Maintenance for Transfort Facilities I Page 23 of 44
invoice) are a valid right of the City. Typical deductions include, but
are not limited to:
- If the Service Provider fails to perform the work required to
achieve the quality specifications, damages, will be assessed on
the basis of the hours, wage rate costs and other costs expended
by the City to achieve the quality specifications.
- If the Service Provider fails to complete its responsibility for phase
out (per its proposal), any damages which might result shall be
subject to financial remedy and deduction on the basis of financial
loss, or added costs, to the City.
- The Service Provider shall be held accountable and liable to the
City for any damages to the City facilities, fixtures, furnishings,
equipment, grounds, or personal injury to City employees,
invitees, or licensees, caused by the Service Provider, its
employees, or others under its charge.
- The value of unaccounted for, lost, damaged or missing City
equipment, materials, supplies or other property shall be
deducted, at the discretion of the City.
- The value of labor hours warranted, but not worked, regardless of
reason.
- $50.00 will be deducted each time the police or security company
is dispatched to a building because the Service Provider has set
off the security alarm.
In addition to the above, the City shall have the right to withhold
monies as a credit from any monthly payments, otherwise due to the
Service Provider, as may be deemed necessary to protect the City
against failure or delay in performance by the Service Provider of its
obligations, without revoking or terminating the contract.
BID 7444 Carpet Maintenance for Transfort Facilities Page 24 of 44
EXHIBIT B
COMPENSATION
Schedule 1 - Consumable Supplies
ITEM
uNiT COST
Toil _., , 'er J_. Jumt- -
1-S3607.CSJ12
Toilet Paper— Sm. Rolls;i6;47
GS180
Paper Tavrels'• Corinatic
S44:a0 C 12
yanit Soap - Gallons;
.
527:80'GS14 al
Shower Soap = Gallons
3 �4aai
Plastic Trash Liners:
Size: 24xM
1
520.86 CStI011(
Si2e'.:3Ox:37
S17.'07 G-G-Y5W
Sl;e: 40x48
w2219 s� ti0t1.
Toilet Sent Une►s
.
:533'1`3'fi�t�0t5
Other:
Total Monthly Cost
535$•
Total Yearly Cost
$d?,41;73'
'per population estimates pro*ed in lire RFP
BID 7444 Carpet Maintenance for Transfort Facilities I Page 25 of 44
Schedute 2 - Proposed Equipment Inventory
Typeot:Equipment
Make!
Model
Total
Cost
GusntilY
#Years
Depreciation
Monthly.
Cost
P4IqparkYa6uurTi
ProTeain
bW, etPro
5338.67
1
1
$28.22
glop Bucket
Rubherm
$220.00
4
1
St8.50,
Mist Tools
539.36
4
1
S3.28
Total Annual Cost S505.20: Monthly Cosl$46.80
BID 7444 Carpet Maintenance for Transfort Facilities I Page 26 of 44
Schedule 3 - Overhead Breakdown
Please provide lgures, as dolfars and as a percent of total price for each caiegory.
Percent of,prioe shall be calculated as: Annual Ov1?r6eed/Ann6I Services tFrgm
Schedule 7j;
Item
Gleaning Staff S
Ain't.
%
fdgmUSupervision $
Arrtt
FICA
87,52
7;65
State Unemployment
Insurance
37 �8
-
3:3
332`
3,32
Federal
unemployment
Insurance
s
0.6
06
0.6
Workers
Compensallon
Insurance
4o,7e
3.57
1,07
3.57
General Liability
Insurance
18.33
1;
OAB
1.60
Automotive
insurance
12.58
1.1
0.33
1,10
Pension/Welfare
p
0
0
Vacation
11.44
1.0
U,30
i:DD
Training
1:26"
11
'D.Q3
19
Health insurance
9a5
,do
01.4
,60
other( )
Overhead
8595
5.77
11L73.
5,7T
Profit
22.88
2.Oq
0.60
1.00
tt
t
Total Annual Cost
t,i?.8
360
Total Monthly Cost
1,144
3q
Percent of Total
Price
BID 7444 Carpet Maintenance for Transfort Facilities Page 27 of 44
Schedule-4 - Direct Staffing Expense
DAY STAFF
Position
#People
Labor
Rate/Hour
Annual
Hours
Monthly
Cost
Cleaner 1
8.25
1664
St,144
Cleaner 2
Cla�noir 3
Floor person
Other
Lead
1
9.00
10
$96
Supervisor
t
'12.00
10
S120
Managor
1
10
5150
NIGHT STAFF
Position
#People
Labor
RatelHour
Annual
Hours
Monthly
Cost
'Cleaner I
Cleaner 2
Cleaner 3
Floor -person
Other
Lead
Supervisor
Manager
BID 7444 Carpet Maintenance for Transfort Facilities I , Page 28 of 44
WEEKEND STAFF
Position
#People
tabor
( RatelHour
Annual
Hours
Monthly
Cost
Cleaner 1
Cleaner 2
Cleaner 3
Floor person
Other
Lead
Supervisor
Manager
AFTER
HR$IEMERGENCY
osltion
#People
Labor
RatelHour
Annual
Hours
Monthly
Cost
Cleaner 1
Cleaner 2
Cleaner 3
Floor person
Other
Lead
Supervisor
Manager
SUMMARY OF TOTAL STAFF
Position
#F.p6p1e
Labor
Rate/Hour
Annual
Hours
Monthly
Cost .
Cleaner 1
2
6.25
1064
51.w
Cleaner 2
Cleaner3
Floor'person
Other
Lead
1
9.00
10
$90
Supervisor
1
12.00
10
S120
Manager
1
15.00
10
5150
BID 7444, Carpet Maintenance for Transfort Facilities I Page 29 of 44
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.
9. 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.
10. Warran .
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
i
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.
11. 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.
BID 7444 Carpet Maintenance for Transfort Facilities Page 3 of 44
Schedule S — Direct Supply Expense
Item
Quanthy
Cost Each
Annual Cost
Monthly Cost
$
$
Alpha HP
`1 CS per 4 months
36.68
150.53
$ 12.54
Stride
"1 CS per 4 months
45.25
185.70
$ 15.47
Glance Glass Cleaner
-1 CS per 4 months
34.78
142.73
$ 11.89
Crew Non -Add Bowl Cleaner
"1 CS per 4 months
16.24
$ 66.65
$. 5.55
Microfber Wipers
90 wipes per year
24.90
102.18
$ 8.52
Dusters
10 dusters per year
15.75
$ 64.63
Dustmo s
4 replaced lxqtr
15.68
$ 64.35
Dampmops
4 replaced 1xgtt
9.56
$ 39.23
816.00 $ 68.00
Schedule 6 — Other Direct Expenses
Item
quanthy
Cost Each
Annual Cost
Monthly Cost
Uniform
6 per ear I
10.50
$ 63.00
5 5.25
Ucenses
o
$
$
$
Travel
0
$
$
$
Recruiting
0
$
$
$
Tools
0
$
$
$
Subcontract
0
$
$
$
Pasta e
0
$
$.
$.
Vehicle
0
$
$ -
$
$ 63.00 $ 5.25
BID 7444 Carpet Maintenance for,Transfort Facilities I Page 30 of 44
Schedule 7,Summary Price Proposal
Direct Staff
Position
Number
People
Annual
Hours
Annual
Cost
Monthly
Price
%61
Cleaner)
Cleaner 2
lggq
S13,728
$1;144
50.5
Cleaner 3
Leatl
1
10
S90
$7.50
0.3
Supervisors
1
10
'WO
$8.00
i0:4
Manager
1
1P
S150
$10.00
U.B
Floorperson
Other
Total
5
104
914,00
$1,174
51,8.
Direct Overhead Expense
Annual
Cost-
Monthly
Price.
%ot
FICA
dUSU.!3b
173.91
7,05
_
State Unemployment Insurance
903.11
75 ?6
3.32
Federal.Unempioyment lnsurnnce
163 29
13:G0.
0.0
Workers Compensation Insurance
Ogg 75
80,81
3 57
General Liability insurance
a9,,78
2R,Qt
14
Automobile`Insuroitce
PensionlWelture
Vacation272.62
290,22
[t
.
+2+1.93
0
22.66
1„1)
.1;Q
Training
29,92.
2.49
,11
Meahh Insurance
217.61
18,13
B
Other) i
Total
5371s58
447,63
19.75
BID 7444 Carpet Maintenance for Transfort Facilities I Page 31 of 44
Other Direct Expenses
Annual
Oosi
Monthly
Price
) ° -O
Consumables
4216.31
351,36
15.5
Equipment
598.44
49.87
2.20
Supplies
816.06
68.00
3.00
Othert
Total
5630.81
465.24
20,70
Administrative and Overhead
1558,1"�
130.68
5.77
Profit
544.M
45.34
2:00
Total service Cost:
27,202
2 267
BID,7444 Carpet Maintenance, for Transfort Facilities Page 32 of 44
Sehedule 8,, Price.Revlew
1. Total Annual t rlce
2. Collar Valueof Credit Houis.,
Supervision-Credii Hour-
`Cleaner Credit Hodrl
3. Cost per square tool:
Total Annual Price =
Total Cleanable Square Feet
EXTRA WORK M&L QOFAMITTMENT
g 27,iD2
14,00
'g 12;5D
1.(92
Type of work Hdt;dv Rate. SF Price
Constructionlremsidei dean up (inside building 20.50
Extra work olf ilarmal work hours 18,50,
Extra viork sche luledAur'ing your working hrours 12.50
24hr Call. for Btoadl8ody Fluid Cleanup 35.t10
(i hr. minimum)
Floor finishing(new-VCT)
0.14•
BID 7444 Carpet Maintenance for Transfort Facilities , I Page 33 of 44
2013
Building Information Summary
Cieada6le
SF
Week
Fr
Gleaning
line
Yearty;piice
_per building_
CustodialSetvice3
ID d
Map
BUILDING
LOCATION
24
A
TRANSFORT
6570 Portner Rd
4a98
5
7.9am
7356..
12
A
TknsfortCoN e'
6570 PatnerRd
1,137
5.
I6.9aiti
20W
51
8
Transil Center
236 N.'Atasopn SL
5,000
5
12am.8am'
10481
Sof>Itr TrarirA C+=iuer
4915 Fossll Blvd
3.504
5
m8<i,
12am
7285
Total SF
14,147
Total:
27,202
BID 7444 Carpet Maintenance for Transfort Facilities, Page 34 of 44
EXHIBIT C
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.
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:
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.
BID 7444 Carpet Maintenance for Transfort Facilities Page 35 of 44
EXHIBIT D
FEDERAL REQUIREMENTS
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federallv Reauired and Other Model Contract Clauses
1.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES..................................................37
2.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS.................................................................................................................................
37
3.
ACCESS TO RECORDS AND REPORTS.........................................................................37
4.
FEDERAL CHANGES........................................................................................................39
5.
TERMINATION...................................................................................................................39
6.
CIVIL RIGHTS REQUIREMENTS......................................................................................40
7.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)......................................................41
8.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS.............41
9.
GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT).......
42
10.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT......................................43
11.
ENERGY CONSERVATION REQUIREMENTS.................................................................44
12.
RECYCLED PRODUCTS...................................................................................................44
13.
ADA Access.......................................................................................................................44
BID 7444 Carpet Maintenance for Transfort Facilities I Page 36 of 44
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 any obligations 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.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
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 seg. 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.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. 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
BID 7444 Carpet Maintenance for Transfort Facilities Page 37, of 44
General of the United 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.
B. 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.
C. 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).
D. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operationa
I Service
Turnkey
FnContract ctio
Architectural
Engineering
Acquisitio
n of
Rolling
Stock
Professional
Services
I State Grantees
a. Contracts below
None
Those
None
None
None
None
SAT ($100,000)
imposed on
state pass
thru to
b. Contracts above
None
Contractor
Yes, if non-
None unless
None
None unless non-
$100,000/Capital
unless'
competitive
non-
unless
competitive award
Projects
non-
award or if
competitive
non-
competitive
funded thru'
award
competitiv
award
5307/5309/5
a award
311
II Non State Grantees
a. Contracts below
Those
SAT ($100,000)
Yes
imposed on
Yes
Yes
Yes
Yes
non -state
b. Contracts above
Grantee
$100,000/Capital
pass thru to
Projects
Yes3
Contractor
yes
Yes
Yes
Yes
Sources of Authority: '49 USC 5325 (a) ` 49 CFR 633.17 ' 18 CFR 18.36 (i)
BID 7444 Carpet Maintenance for Transfort Facilities Page 38 of 44
4. FEDERAL CHANGES
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 Master Agreement 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.
5. TERMINATION
A. Termination for Convenience (General Provision) The (Recipient) 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 (Recipient) to be paid the
Contractor. If the Contractor has any property in its possession belonging to the
(Recipient), the Contractor will account for the same, and dispose of it in the manner
the (Recipient) 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 (Recipient) 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.
If it is later determined by the (Recipient) 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 (Recipient), 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 (Recipient) 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 (Recipient)'s satisfaction the breach or default of any of
the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt
by Contractor of written notice from (Recipient) setting forth the nature of said breach
or default, (Recipient) 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 (Recipient) 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 (Recipient) elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this
Contract, such waiver by (Recipient) shall not limit (Recipient)'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
BID 7444 Carpet Maintenance for Transfort Facilities Page 39 of 44
12. 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.
13. 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.
14. 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 C,
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
BID 7444 Carpet Maintenance for Transfort Facilities Page 4 of 44
extension or if the Contractor fails to comply with any other provisions of this contract,
the (Recipient) may terminate this contract for default. The (Recipient) 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.
6. CIVIL RIGHTS REQUIREMENTS
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 VII ofithe 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 seg., (which implement Executive
Order No. 11246, "Equal Employment Opportunity," as amended by Executive
Order No. 11375, "Amending Executive Order 11246 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.
BID 7444 Carpet Maintenance for Transfort Facilities Page 40 of 44
(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 Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities
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.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for
DBE participation is _9.9_ %. A separate contract goal has not been established for
this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted
contract. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other
remedy as City of Fort Collins deems appropriate. Each subcontract the contractor
signs with a subcontractor must include the assurance in this paragraph (see 49 CFR
26.13(b)).
(lf no separate contract goal has been established, use the following) The
successful bidder/offeror will be required to report its DBE participation obtained
through race -neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the
contractor's receipt of payment for that work from the City of Fort Collins. In addition,
[is required to return any retainage payments to those subcontractors within 30
days after incremental acceptance of the subcontractor's work by the City of
Fort Collins and contractor's receipt of the partial retainage payment related to
the subcontractor's work.]
e. The contractor must promptly notify City of Fort Collins whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete
its work, and must make good faith efforts to engage another DBE subcontractor to
perform at least the same amount of work. The contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of City of Fort Collins.
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
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 E, are hereby incorporated by reference.
BID 7444 Carpet Maintenance for Transfort Facilities I Page 41 of 44
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
(name of grantee) requests which would cause (name of grantee) to be in violation of the
FTA terms and conditions.
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal
agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This
government -wide regulation implements Executive Order 12549, Debarment and
Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101
note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level
expected to equal or exceed $25,000 as well as any contract or subcontract (at any level)
for Federally required auditing services. 49 CFR 29.220(b). This represents a change
from prior practice in that the dollar threshold for application of these rules has been
lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in
the regulation as "covered transactions."
Grantees, contractors, and subcontractors (at any level) that enter into covered
transactions are required to verify that the entity (as well as its principals and affiliates)
they propose to contract or subcontract with is not excluded or disqualified. They do this
by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that
person, or (c) Adding a clause or condition to the contract or subcontract. This represents
a change from prior practice in that certification is still acceptable but is no longer required.
49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must
require the entities they contract with to comply with 49 CFR 29, subpart C and include
this requirement in their own subsequent covered transactions (i.e., the requirement flows
down to subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional
method of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such,
the contractor is required to verify that none of the contractor, its principals, as
defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded
or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include
the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered
transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by (insert
agency name). If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to {insert agency name), the
BID 7444 Carpet Maintenance for Transfort Facilities. - I , Page 42 of 44
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
10. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Background and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq.
The Act applies to grantee contracts and subcontracts "financed at least in part by loans or
grants from ... the [Federal] Government." 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR
5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any
construction contract over $2,000 or non -construction contract to which the Act applied
over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no
longer applies to any "contract in an amount that is not greater than $100,000." 40 USC
3701(b)(3) (A)(iii).
The Act applies to construction contracts and, in very limited circumstances, non -
construction projects that employ "laborers or mechanics on a public work." These non -
construction applications do not generally apply to transit procurements because transit
procurements (to include rail cars and buses) are deemed "commercial items." 40 USC
3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a
developmental or unique item should consult counsel to determine if the Act applies to that
procurement and that additional language required by 29 CFR 5.5(c) must be added to the
basic clause below.
The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the
model clause below should be coordinated with counsel to ensure the Act's requirements
are satisfied.
Clause Lanouage Contract Work Hours and Safety Standards
(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 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 therefore- 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 (write in the name
of the grantee) shall upon its own action or upon written request of an authorized
BID 7444 Carpet Maintenance for Transfort Facilities Page 43 of 44
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 paragraphs (1) through (4) of 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 paragraphs (1) through (4) of this
section.
11. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - 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.
12. RECYCLED PRODUCTS
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.
13. ADA Access
Accessibility. Facilities to be used in public transportation service must comply with 42
U.S.C. Sections 12101 et seq. and DOT regulations, "Transportation Services for
Individuals with Disabilities (ADA)," 49 CFR Part 37; and Joint ATBCB/DOT regulations,
"Americans with Disabilities (ADA) Accessibility Specifications for Transportation
Vehicles," 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by
reference the ATBCB's "Americans with Disabilities Act Accessibility Guidelines'
(ADAAG), revised July 2004, which include accessibility guidelines for buildings and
facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added
specific provisions to Appendix A modifying the ADAAG, with the result that buildings and
facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49
CFR Part 37.
BID 7444 Carpet Maintenance for Transfort Facilities Page 44 of 44
VARSI.1 OP ID: KLK
CERTIFICATE OF LIABILITY INSURANCE
DATE
01/1 DIYYYYI
1/18113
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsements .
PRODUCER Phone: 208-522-1260
Premier Insurance - IF
P.O. Box 50340 Fax: 208-522-1267
Idaho Falls, ID 83405
Curtice Mathews
CONTACT
NAME:
PNONE FAC No
EMAIL
ADDRESS:
INSURERS AFFORDING COVERAGE
NAICN
INSURER A: St. Paul Fire & Marine Ins CO
24767
INSURED Varsity Facility Services
Varsity Contractors, Inc dba
PO Box 1692
Pocatello, ID 83204
INSURER B:Travelers PropertyCasualty CO
25674
INSURERC:Travelers Casualty & Surety Co
19038
INSURER D:
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
INSR
D
POLICY NUMBER
POLICY EFF
MMIDONYYY)
POLICY EXP
IMMADDIYYYYI
LIMITS
B
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
• u"� "'
X
TC2JGLSA1761B75412
09/01/12
09101/13
EACH OCCURRENCE
$ 1,000,00
PREMISES Ea occurrence
$ 500,00
MED EXP(My one person)
$
PERSONAL B ADV INJURY
$ 1,000,00
GENERAL AGGREGATE
$ 2,000,00
GENL AGGREGATE LIMIT APPLIES PER
PRO- Loc
POLICY f—xl
PRODUCTS - COMP/OP AGG
$ 2,000,00
$
B
AUTOMOBILE
LIABILITY
ANY AUTO
ALLOWNED SCHEDULED
AUTOS AUTOS
NON-OMED
HIRED AUTOS AUTOS
TC2JCAP1761B74212
09/01112
09/01/13
COMBINED SINGLE LIMIT
Ea accident
1,000,00
X
BODILYINJURY(Perperson)
$
BODILY INJURY ( Per accident) dent
$
PR PEi DAMA
Per accident
$
A
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
ZUP11P9636212lklF
09101/12
09/01113
EACH OCCURRENCE
$ 19,000,00
AGGREGATE
$ 19,000,00
DED I X RETENTION$ 10,000
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNER/EXECUTIVEY/N
OFFICERMEMBER EXCLUOED?
(Mandatory In NH)
es, describe under
DESCRIPTION OF OPERATIONS below
NIA
TC2JUB1761B69812
TRJUB17616705012
09101/12
09/01/12
09101113
09/01113
WCSTATU- TRH -
X T MTS ER
E.L. EACH ACCIDENT
$ 1,000,00
E.L. DISEASE - EA EMPLOYEE
$ 1,000,00
E.L. DISEASE - POLICY LIMIT
$ 1,000,00
C
Employee Theft
105667657
09/01112
09101113
Limit 1,000,00
3rd Party 2,500,00
DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is reeuired)
FORTCOL
City of Fort Collins
Purchasing Division
P.O. Box 580
Fort Collins, CO 80522-0580
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
All rfahfe romn•od
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
certificate evidencing the insurance coverage required from an insurance company acceptable
to the City.
15. 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.
16. 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.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created
in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland Security
(the "e-Verify Program") or the Department Program (the "Department Program'), an
employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in
order to confirm the employment eligibility of all newly hired employees to perform work under
this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this Agreement.
BID,7444 Carpet Maintenance for Transfort Facilities I Page 5 of 44
C. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider
has actual knowledge that the subcontractor is employing or contracting with an illegal alien;
and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall not terminate
the contract with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with
an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102. C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider
violates this provision of this Agreement and the City terminates the Agreement for such breach.
18. Special Provisions. Special provisions or conditions relating to the services to be
BID 7444 Carpet Maintenance for Transfort Facilities Page 6 of 44
performed pursuant to this Agreement are set forth in Exhibit "D", consisting of ten (10) pages,
attached hereto and incorporated herein by this reference.
BID 7444 Carpet Maintenance for Transfort Facilities, I Page 7 of 44
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: X2—;;,CD' `L—
Jam s q. O'Neill ll, CPPO, FNIGP
Dired or of Purchasing and Risk Management
Date: Z ` t
VARSITY FAC LITY SERVICES
By:
6ot-N kcs
PRINT NAME
QC(tokpv- ,tAAvA,(&-
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: t tin �(S
ATTEST: (Corporate Seal)
CORPORATE SECRETARY
BID 7444 Carpet Maintenance for Transfort Facilities Page 8 of 44
EXHIBIT A
SCOPE OF SERVICES
QUALITY SPECIFICATIONS
The Service Provider shall ensure that the facilities, fixtures, floor surfaces, and
furnishings of the City shall be continually maintained in a state of high quality
cleanliness. The Service Provider shall achieve following Quality Specifications:
1. CLEANLINESS SPECIFICATIONS
The City requires that the surfaces and contents be continually maintained
through a program of reduction of Quality Defects. On a percentage basis,
the cleanliness target specified herein shall be 85%. That is, eighty-five
percent of all items in all areas, on average, must be free of Cleanliness
Quality defects as defined below, and paragraphs 1-B and 1-C. Beyond this
collective rating, each building has its own special information and cleaning
schedule, as specified in the Supplemental Information.
2. DEFINITION OF CLEANLINESS QUALITY
Cleanliness Quality Means:
A "like -new' appearance... or all of the following:
- The absence of litter or undesirable debris.
- The absence of un-bonded dust build up on any surface of items to
be dusted.
- The complete, thorough cleaning of items subject to cleaning,
including,: corners, inside, outside, top, bottom, under and over all
surfaces.
- The absence of surface marks, spills or other undesirable bonded
residue which can be eliminated by appropriate damp or wet cleaning
techniques.
- The absence of soil, finish or other undesirable bonded build up
which can be eliminated by appropriate heavy duty, cycle or project
cleaning techniques.
The presence of appropriate surface gloss, protection, or reflective
capacity in line with 'like new" or designated gloss levels.
The absence of minor spots, marks, or other limited surfaces soil
which can be eliminated by appropriate spot cleaning techniques.
- The absence of dust, lint and other in -fiber accumulation in fabric and
carpeted areas which can be eliminated by appropriate vacuum
cleaning techniques.
- The issuance of maintenance and other work requests to eliminate or
correct problems with damaged, non-functioning, repair, or
BID 7444 Carpet Maintenance for Transfort Facilities I Page 9 of 44