HomeMy WebLinkAboutBID - 7615 CABLING INSTALLATION SERVICES (3)BID 7615 Cabling Installation Services Page 1 of 61
INVITATION TO BID
7615 CABLING INSTALLATION SERVICES
BID OPENING: 3:00 P.M. (our clock), April 28, 2014
The City of Fort Collins is soliciting bids to establish a Primary Vendor for fiber optic and
category 5e or better copper cable installation work at various locations in and around Fort
Collins. Bidders shall supply the requested prices and information on the enclosed Bid Sheets,
and supply the requested resume and certification information. It is our intent to enter into a
Service Agreement with a Primary Vendor; based on the lowest responsible and responsive
bidder as evidenced by the Final Bid price, that meets the requirements set forth in this bid
proposal.
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), Monday,
April 28, 2014.
The City encourages all disadvantaged business enterprises to submit bid in response to all
invitations and will not be discriminated against on the grounds of race, color, national origin.
A pre-bid conference with representatives of prospective Bidders will be held at 3:00p.m.
on Wednesday, April 9, 2014, in Conference Room 2E (Training Room) located at 215 N.
Mason Street, 2nd Floor, Fort Collins, CO 80524.
Questions concerning the scope of the bid should be directed to Project Managers Quentin
Antrim, IT, at (970) 218-3057 or quantrim@fcgov.com ; or Hilary Koontz, IT, at (970) 416-2421,
or hkoontz@fcgov.com .
Questions regarding bid submittal or process should be directed to David Carey, CPPB, Buyer
at (970) 416-2191 or dcarey@fcgov.com .
The deadline for submitting questions is on Wednesday, April 16, 2014. Please submit
your questions via email to Project Manager Quentin Antrim, with a copy to David Carey.
The City will respond via addenda to all bidders by April 21, 2014.
A copy of the Bid may be obtained as follows:
1. Download the Bid from the Purchasing Webpage, Current Bids page, at:
http://fcgov.com/eprocurement
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
BID 7615 Cabling Installation Services Page 2 of 61
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.
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 7615 Cabling Installation Services Page 3 of 61
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 for seven (7) days after the bid opening.
Gerry S. Paul
Director of Purchasing and Risk Management
BID 7615 Cabling Installation Services Page 4 of 61
BID PROPOSAL
7615 CABLING INSTALLATION SERVICES
BID OPENING: 3:00 P.M. (our clock), April 28, 2014
A pre-bid conference with representatives of prospective Bidders will be held at 3:00p.m. on
Wednesday, April 9, 2014, in Conference Room 2E (Training Room) located at 215 N. Mason
Street, 2nd Floor, Fort Collins, CO 80524.
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR
FIBER OPTIC & CATEGORY 5e OR BETTER COPPER CABLING PER THE BID INVITATION
AND ANY REFERENCED SPECIFICATIONS:
The City of Fort Collins is requesting bids using the following guidelines:
BIDDING GUIDELINES:
The City of Fort Collins is soliciting bids to establish a Primary Vendor for fiber optic and
category 5e or better copper cable installation work at various locations in and around Fort
Collins. Bidders shall supply the requested prices and information on the enclosed Bid Sheets,
and supply the requested resume and certification information. It is our intent to enter into a
Service Agreement with a Primary Vendor; based on the lowest responsible and responsive
bidder as evidenced by the Final Bid price, that meets the requirements set forth in this bid
proposal. Please review the enclosed Work Order Service Agreement. The Awarded
Service Provider will be expected to sign the Agreement without revision. Needed
services during the contract period will be requested through issuance of work orders. There is
no guaranteed minimum amount of services to be ordered. No work order exceeding $60,000
will be issued. The City reserves the right to supply any or all materials. In the last three years,
the total work orders have averaged $175,000 per year.
Changes in the Work: The City reserves the right to independently bid any services rather than
issuing work to the Service Provider pursuant to the awarded Service Agreement(s). Nothing
within the awarded Agreement(s) shall obligate the City to have any particular service
performed by the awarded Service Provider(s).
Certain projects may involve Federal Transit Administration (FTA) funding and the
attached federally required Contract Clauses will apply, including Davis-Bacon wages.
Awarded service provider(s) must enter into a Work Order Type Services Agreement (sample
attached for your review) and provide the required Certificate of Liability Insurance (Exhibit B)
naming the City as an Additional Insured. This agreement is effective for one year from the date
on the service agreement. 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. Pricing changes
shall be negotiated by and agreed to by both parties. Written notice of renewal shall be
provided to the Service Provider and mailed no later than ninety (90) days prior to contract end.
BID 7615 Cabling Installation Services Page 5 of 61
BID SCHEDULE – 7615 CABLING INSTALLATION SERVICES
Fiber-optic & Copper Cabling Parts
Item # Quantity Description Price Per Unit
1 1
1 EA ADC FL2-CA80012AN-1C50 FL2000 Preconfigured Term/Splice
Panel - 12-position (12-fibers), SM, LC Duplex
2 1
1 EA ADC FL2-CA80024AN-1C50 FL2000 Preconfigured Term/Splice
Panel - 12-position (24-fibers), SM, LC Duplex
3 1
1 EA ADC FL2-CA80024AN-1C52 FL2000 Preconfigured Term/Splice
Panel - 12-position (24-fibers), SM, LC Duplex
4 1
1 EA ADC FL2-CA80024AN-1C50 FL2000 Preconfigured Term/Splice
Panel - 12-position (24-fibers), SM, LC Duplex W/PIGTAILS
5 1
1 EA ADC FL2-CB80024AN-2C50 FL2000 Preconfigured Term/Splice
Panel - 24-position (24-fibers), SM, LC Duplex
6 1
1 EA ADC FL2-CB80048AN-2C50 FL2000 Preconfigured Term/Splice
Panel - 24-position (48-fibers), SM, LC Duplex
7 1
1 EA ADC FL2-CB80048AN-2C52 FL2000 Preconfigured Term/Splice
Panel - 24-position (48-fibers), SM, LC Duplex
8 1
1 EA ADC FL2-CB80048AN-2C50 FL2000 Preconfigured Term/Splice
Panel - 24-position (48-fibers), SM, LC Duplex W/PIGTAILS
9 1
1 EA ADC FL2-CD80024AN-2C50 FL2000 Preconfigured Term/Splice
Panel - 48-position (24-fibers), SM, LC Duplex
10 1
1 EA ADC FL2 CD80048AN P fi d T /S li FL2-CD80048AN-2C52 FL2000
Preconfigured Term/Splice Panel - 48-position (48-fibers), SM, LC Duplex
11 1
1 EA ADC FL2-CD80048AN-4C50 FL2000 Preconfigured Term/Splice
Panel - 48-position (48-fibers), SM, LC Duplex
12 1
1 EA ADC FL2-CD80072AN-4C52 FL2000 Preconfigured Term/Splice
Panel - 48-position (72-fibers), SM, LC Duplex
13 1
1 EA ADC FL2-CD80096AN-4C50 FL2000 Preconfigured Term/Splice
Panel - 48-position (96-fibers), SM, LC Duplex
14 1
1 EA ADC FL2-CD80096AN-4C52 FL2000 Preconfigured Term/Splice
Panel - 48-position (96-fibers), SM, LC Duplex
15 1
1 EA ADC FL2-CD80096AN-4C50 FL2000 Preconfigured Term/Splice
Panel - 48-position (96-fibers), SM, LC Duplex W/PIGTAILS
16 1
1 EA ADC FL2-CD60048A0-0A5 FL2000 PRECONFIGURED PNL 48
STD / Loaded with FL2-6PMMLC
17 1
1 EA ADC FL2-CD60072A0-0A5 FL2000 PRECONFIGURED PNL 72
STD / Loaded with FL2-6PMMLC
18 1
1 EA ADC FL2-CD60096A0-0A5 FL2000 PRECONFIGURED PNL 96
STD / Loaded with FL2-6PMMLC
BID 7615 Cabling Installation Services Page 6 of 61
19 1
1 EA ADC FL2-CD80048A0-0A5 FL2000 PRECONFIGURED PNL 48
STD / Loaded with FL2-6PSMLC
20 1
1 EA ADC FL2-CD80072A0-0A5 FL2000 PRECONFIGURED PNL 72
STD / Loaded with FL2-6PSMLC
21 1
1 EA ADC FL2-CD80096A0-0A5 FL2000 PRECONFIGURED PNL 96
STD / Loaded with FL2-6PSMLC
22 1 1 EA ADC FL2-48RPNL-B FL2000 48 EMPTY FIBER ENCLOSURE
23 1 1 EA ADC FL2-72RPNL-B FL2000 72 EMPTY FIBER ENCLOSURE
24 1 1 EA ADC FL2-96RPNL-B FL2000 96 EMPTY FIBER ENCLOSURE
25 1
1 EA ADC FL2-6PSMLC 6PAK PLUG-IN SINGLEMODE DUPLEX
ADAPTER LOADED
26 1
1 EA ADC FL2-6PMMLC 6PAK PLUG-IN MULTIMODE DUPLEX
ADAPTER LOADED
27 1
1 EA ADC FST-DRS24-NT SPLICE WHEEL/TRAY 24 FIBER FOR HEAT
SHRINK FUSION SPLICE-NT
28 1
1 EA ADC FEC-288 FIBER ENTRANCE CABINET / 288 SPLICE
CAPACITY
29 1
1 EA ADC FEC-432RM FIBER ENTRANCE CABINET / 432 SPLICE
CAPACITY
30 1
1 EA ADC FEC-576 FIBER ENTRANCE CABINET / 576 SPLICE
CAPACITY
31 1 1 EA ADC OSP-CLPFEC-LG IFC/OSP CABLE CLAMP
32 1 1 EA ADC OSP-CLPFEC-LG CABLE CLAMP KIT OD .8''
33 1
1 EA ADC OSP-CLPSST-IFCL CABLE CLAMP FOR INTRAFACILITY
FIBER CABLE .8'' TO 1.2''
34 1
1 EA ADC FST-D-HS 24 SPLICE CAPACITY DUAL POSITION HEAT
SHRINK FUSION
35 1
1 EA ADC FST-ACC001 SPLICE PROTECTION SLEEVE HEAT SHRINK
SINGLE FUSION 40MM LONG
36 1
1 EA ADC GAK-FEC001 GROUNDING KIT FOR ARMORED OSP
CABLE
37 1
1 EA ADC FL2-SB804F031-CD50 FL2000 24- position term only panel,
SM LC with 1 48-fiber cable 100' cable stubs, flush mount with K1 lock
38 1
1 EA ADC FL2-SE80UF031-CD50 FL2000 72 POSITION TERM ONLY
PNL SM LC W/2-72 FIBER 100FT CABLE STUB W/LOCK
39 1
1 EA ADC FL2-SF80NF031-CD50 FL2000 96 POSITION TERM ONLY
PNL SM LC W/2-96 FIBER 100FT CABLE STUB W/LOCK
40 1
1 EA ADC FL2-ME6071UR031-CD50 FL2000 72 POSITION TERM
ONLY PNL MM LC W/2-72 FIBER 100FT CABLE STUB W/LOCK
BID 7615 Cabling Installation Services Page 7 of 61
41 1
1 EA ADC TFP-5LAQ1120B 5RU CONNECTOR HOUSING ONLY,
LOADED W/ MM LC
42 1
1 EA CSC CEX‐12F‐LCULCU‐SM‐5M 12 STRAND SINGLE MODE 5
METER PIGTAILS BOTH ENDS
43 1
1 EA CSC CEX‐06F‐LCULCU‐SM‐5M 6 STRAND SINGLE MODE 7
METER PIGTAILS / BOTH ENDS
44 1
1 EA CSC CEX‐12F‐LCULCU‐SM‐7M 12 STRAND SINGLE MODE 7
METER PIGTAILS / BOTH ENDS
45 1
1 EA FOPS J-LPCLPC112ZX005M LC/UPC-LC/UPC 12F SM ASSY 5M
W/ AFOP CONNECTORS
46 1
1 EA FOPS J-LPCLPC112ZX007M LC/UPC-LC/UPC 12F SM ASSY 7M
W/ AFOP CONNECTORS
47 1 1 EA CORNING WSH-16SPT WALL MOUNT SPLICE HOUSING
48 1 1 EA CORNING M67-112 24 SPLICE TRAY
49 1 1 EA CORNING 2806031-01 SPLICE SLEEVE PROTECTORS / 50M PK
50 1 1 EA MCC MF242694-P-50F LC SM 24STR PVC 50FT TRUNK
51 1 1 EA MCC MF242694-P-100F LC SM 24STR PVC 100FT TRUNK
52 1 1 EA MCC MF242696-P-50F LC SM 48STR PVC 50FT TRUNK
53 1 1 EA MCC MF242696-P-100F LC SM 48STR PVC 100FT TRUNK
54 1 1 EA MCC MF242697-P-50F LC SM 72STR PVC 50FT TRUNK
55 1 1 EA MCC MF242697-P-100F LC SM 72STR PVC 100FT TRUNK
56 1 1 EA MCC MF242698-P-50F LC SM 96STR PVC 50FT TRUNK
57 1 1 EA MCC MF242698-P-100F LC SM 96STR PVC 100FT TRUNK
58 1 1 EA MCC MF242699-P-50F LC OM3 MM 24STR PVC 50FT TRUNK
59 1 1 EA MCC MF242699-P-100F LC OM3 MM 24STR PVC 100FT TRUNK
60 1 1 EA MCC MF242701-P-50F LC OM3 MM 48STR PVC 50FT TRUNK
61 1 1 EA MCC MF242701-P-100F LC OM3 MM 48STR PVC 100FT TRUNK
62 1 1 EA MCC MF242702-P-50F LC OM3 MM 72STR PVC 50FT TRUNK
63 1 1 EA MCC MF242702-P-100F LC OM3 MM 72STR PVC 100FT TRUNK
64 1 1 EA MCC MF242703-P-50F LC OM3 MM 96STR PVC 50FT TRUNK
65 1 1 EA MCC MF242703-P-100F LC OM3 MM 96STR PVC 100FT TRUNK
66 1 LC to SC MMF jumper cord 1 meter
67 1 LC to SC MMF jumper cord 3 meter
68 1 LC to LC MMF jumper cord 1 meter
69 1 LC to LC MMF jumper cord 3 meter
BID 7615 Cabling Installation Services Page 8 of 61
70 1 SC to LC SMF jumper cord 1 meter
71 1 SC to LC SMF jumper cord 3 meter
72 1 LC to LC SMF jumper cord 1 meter
73 1 LC to LC SMF jumper cord 3 meter
74 1 1-inch PVC conduit (per foot)
75 1 2-inch PVC conduit (per foot)
76 1 4-inch PVC conduit (per foot)
77 1 90-degree 4” conduit 2-port junction box
78 1 90-degree 2” conduit 2-port junction box
79 1 1-inch metal conduit (per foot)
80 1 2-inch metal conduit (per foot)
81 1 4-inch metal conduit (per foot)
82 1 CORNING 012EU4-T4101D20 FIBER, 12-STRAND, SM, OUTDOOR
83 1 CORNING 024EU4-T4101D20 FIBER, 24-STRAND, SM, OUTDOOR
84 1 CORNING 048EU4-T4101D20 FIBER, 48-STRAND, SM, OUTDOOR
85 1 CORNING 006E88-33131-29 FIBER, 6-STRAND, SM, PLENUM
86 1 CORNING 012E88-33131-29 FIBER, 12-STRAND, SM, PLENUM
87 1 CORNING 024E88-33131-29 FIBER, 24-STRAND, SM, PLENUM
88 1
CORNING 006E8P-31131-29 6-STRAND, SM, INDOOR / OUTDOOR
PLENUM
89 1
CORNING 012E8P-31131-29 12-STRAND, SM, INDOOR / OUTDOOR
PLENUM
90 1
CORNING 024E8P-31131-29 24-STRAND, SM, INDOOR / OUTDOOR
PLENUM
91 1
CORNING 006E8F-31131-29 6-STRAND, SM, INDOOR / OUTDOOR
RISER
92 1
CORNING 012E8F-31131-29 12-STRAND, SM, INDOOR / OUTDOOR
RISER
93 1
CORNING 024E8F-31131-29 24-STRAND, SM, INDOOR / OUTDOOR
RISER
94 1
CORNING 006K8P-31130-29 6-STRAND, MM 62.5, INDOOR /
OUTDOOR PLENUM
95 1
CORNING 012K8P-31130-29 12-STRAND, MM 62.5, INDOOR /
OUTDOOR PLENUM
96 1
CORNING 024K8P-31130-29 24-STRAND, MM 62.5, INDOOR /
OUTDOOR PLENUM
BID 7615 Cabling Installation Services Page 9 of 61
97 1
CORNING 006K8F-31130-29 6-STRAND, MM 62.5, INDOOR /
OUTDOOR RISER
98 1
CORNING 012K8F-31130-29 12-STRAND, MM 62.5, INDOOR /
OUTDOOR RISER
99 1
CORNING 024K8F-31130-29 24-STRAND, MM 62.5, INDOOR /
OUTDOOR RISER
100 1 CARLON DF4X1C-5200 1" INNERDUCT WITH ROPE, NON PLENUM
101 1 SIEMON 9C5P4-E2-02-RXA CABLE, CAT5E, PLENUM
102 1 GENERAL GS5000 CABLE, CAT5E, PLENUM
103 1 SIEMON PC6P4-E3-06-RXA CABLE, CAT6, PLENUM
104 1 GENERAL GS6 CABLE, CAT6, PLENUM
105 1 SIEMON HD5-24 PATCH PANEL, CAT5E, 24-PORT
106 1 SIEMON HD6-24 PATCH PANEL, CAT6, 24-PORT
107 1 SIEMON HD5-48 PATCH PANEL, CAT5E, 48-PORT
108 1 SIEMON HD6-48 PATCH PANEL, CAT6, 48-PORT
109 1 SIEMON WM143-5 HORIZONTAL WIRE MANAGER, 1U
110 1 SIEMON WM144-5 HORIZONTAL WIRE MANAGER, 2U
111 1
SIEMON S110AB2-100FT 110 BLOCK FIELD TERM KIT, WALL
MOUNT, 100 PR
112 1
SIEMON S110DB-1-100FT 110 BLOCK FIELD TERM KIT, RACK
MOUNT, 100 PR
113 1
SIEMON MX6-02 CAT 6 COMMUNICATIONS OUTLET, WHITE,
ANGLED
114 1
SIEMON MX5-02 CAT5E WHITE COMMUNICATIONS OUTLET,
ANGLED
115 1 SIEMON MX6-02 CAT6 WHITE COMMUNICATIONS OUTLET, ANGLED
116 1 SIEMON MX-WP-K5-SS CAT5E SS WALL PLATE/OUTLET
117 1 SIEMON MX-BL-02 FACEPLATE, BLANK, WHITE
118 1 SIEMON MX-FP-S-01-02 FACEPLATE, 1-PORT, WHITE
119 1 SIEMON MX-FP-S-02-02 FACEPLATE, 2-PORT, WHITE
120 1 SIEMON MX-FP-S-03-02 FACEPLATE, 3-PORT, WHITE
121 1 SIEMON MX-FP-S-04-02 FACEPLATE, 4-PORT, WHITE
122 1 SIEMON MX-FP-S-06-02 FACEPLATE, 6-PORT, WHITE
123 1 SIEMON MX-MFP-04-02 MOD FACEPLATE, STANDARD, WHITE
124 1 SIEMON MX-MFP-KNL-02 MOD FACEPLATE, KNOLL GROUP, WHITE
125 1
SIEMON MX-MFP-HME-02 MOD FACEPLATE, HM ETHOSPACE
BELTLINE, WHITE
BID 7615 Cabling Installation Services Page 10 of 61
126 1 SIEMON MX-MFP-HMA-02 MOD FACEPLATE, WHITE
127 1 SIEMON SM1-02 SURFACE MOUNT BOX, 1-PORT CAT5E, WHITE
128 1 SIEMON SM2-02 SURFACE MOUNT BOX, 2-PORT CAT5E, WHITE
129 1 SIEMON MX5-F02 CAT5E WHITE COMMUNICATIONS OUTLET, FLAT
130 1 SIEMON MX6-F02 CAT6 WHITE COMMUNICATIONS OUTLET, FLAT
131 1
SIEMON SM4-5-A4-02 SURFACE MOUNT BOX, 4-PORT CAT5E,
WHITE
132 1 SIEMON MC5-8-T-03-02 CAT5E, 3' PATCH CORD, WITHOUT BOOT
133 1 SIEMON MC5-8-T-05-02 CAT5E, 5' PATCH CORD, WITHOUT BOOT
134 1 SIEMON MC5-8-T-07-02 CAT5E, 7' PATCH CORD, WITHOUT BOOT
135 1 SIEMON MC5-8-T-10-02 CAT5E, 10' PATCH CORD, WITHOUT BOOT
136 1 SIEMON MC5-8-T-15-02 CAT5E, 15' PATCH CORD, WITHOUT BOOT
137 1 SIEMON MC5-8-T-20-02 CAT5E, 20' PATCH CORD, WITHOUT BOOT
138 1 SIEMON MC5-8-T-25-02 CAT5E, 25' PATCH CORD, WITHOUT BOOT
139 1 SIEMON MC6-8-T-03-02 CAT6, 3' PATCH CORD WITH BOOT
140 1 SIEMON MC6-8-T-05-02 CAT6, 5' PATCH CORD, WITH BOOT
141 1 SIEMON MC6-8-T-07-02 CAT6, 7' PATCH CORD, WITH BOOT
142 1 SIEMON MC6-8-T-10-02 CAT6, 10' PATCH CORD, WITH BOOT
143 1 SIEMON MC6-8-T-15-02 CAT6, 15' PATCH CORD, WITH BOOT
144 1 SIEMON MC6-8-T-20-02 CAT6, 20' PATCH CORD, WITH BOOT
145 1 SIEMON MC6-8-T-25-02 CAT6, 25' PATCH CORD, WITH BOOT
146 1 CPI 11900-724 CUBE IT, 24WX24"DX24H, PLEXIGLASS DOOR
147 1 CPI 11900-736 CUBE IT, 24WX24"DX36H, PLEXIGLASS DOOR
148 1 CPI 11730-703 VERTICAL WIRE MANAGER, 3"W SINGLE, BLACK
149 1 CPI 55053-703 RELAY RACK, 19"W X 7'H, BLACK
150 1 CPI M1030-712 CABINET, 84 X 19, M SERIES
151 1 CPI 10250-712 LADDER RACK, 12"W, BLACK
152 1 CPI 12816-701 POWER STRIP, HORIZ, 15 AMP, RACK MOUNT
153 1 GS METALS FT12X2X10 FLEXTRAY, 12"W X 2"D X 10'L
154 1 HUBBELL RE-4B 24 x32 COMMERCIAL CABINET
Please indicate the percentage mark-up over your cost that is represented by the parts
prices
BID 7615 Cabling Installation Services Page 11 of 61
Labor – City Funded Projects
Item # Quantity Description Price Per Hour
155 N/A Installing exterior conduit – labor (per hour)
156 N/A Pulling innerduct, trace wire and fiber cable – labor (per hour)
157 N/A Splicing fiber – labor (per hour)
158 N/A Terminating fiber – labor (per hour)
159 N/A Installing interior conduit – labor (per hour)
160 N/A Installing 2-post rack – labor (per hour)
161 N/A Installing ladder rack – labor (per hour)
162 N/A Installing Cube – IT – labor (per hour)
163 N/A Installing CAT 5e UTP cable – labor (per hour)
164 N/A Installing CAT 6 UTP cable – labor (per hour)
165 N/A Terminating CAT 5e UTP Cable – labor (per hour)
166 N/A Terminating CAT 6 UTP cable – labor (per hour)
167 N/A Installing Flex Tray – labor (per hour)
Labor – Federally Funded Projects
Item # Quantity Description Price Per Hour
168 N/A Installing exterior conduit – labor (per hour)
169 N/A Pulling innerduct, trace wire and fiber cable – labor (per hour)
170 N/A Splicing fiber – labor (per hour)
171 N/A Terminating fiber – labor (per hour)
172 N/A Installing interior conduit – labor (per hour)
173 N/A Installing 2-post rack – labor (per hour)
174 N/A Installing ladder rack – labor (per hour)
175 N/A Installing Cube – IT – labor (per hour)
176 N/A Installing CAT 5e UTP cable – labor (per hour)
177 N/A Installing CAT 6 UTP cable – labor (per hour)
178 N/A Terminating CAT 5e UTP Cable – labor (per hour)
179 N/A Terminating CAT 6 UTP cable – labor (per hour)
180 N/A Installing Flex Tray – labor (per hour)
BID 7615 Cabling Installation Services Page 12 of 61
BID SCHEDULE – 7615 CABLING INSTALLATION SERVICES
SIGNATURE PAGE
FIRM NAME _______________________________________________________________
Are you a Corporation, Partnership, DBA, LLC, or PC
SIGNATURE _______________________________________________________________
PRINTED _______________________________________________________________
ADDRESS _______________________________________________________________
_______________________________________________________________
PHONE _______________________________________________________________
EMAIL _______________________________________________________________
BID 7615 Cabling Installation Services Page 13 of 61
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BID 7615 Cabling Installation Services Page 17 of 61
I. Scope of Work: Fiber Optic Cable*
* Manufacturer as approved by Fiber Management Review Team.
A. lnstallation of Fiber Optic Cable (glass fiber only)
Pull fiber optic cable and innerduct (as applicable) through conduit following
manufacturer’s recommendations for installation. Installer must comply with
specifications for cable bend radius and pull tension. Fiber optic cable must be hand-
pulled unless City IT Network Project Engineer (the City-designated manager for the
project) gives written permission for other pulling methods. All wiring and any necessary
grounding shall comply with current NEC codes and local amendments.
Fiber optic cable must be protected by innerduct (as applicable) when run through
conduits. Cable must be run around the periphery of vaults unless this procedure would
exceed the maximum bend radius. Slack cable shall be coiled, lashed to permanent
support brackets (indoor installations), and properly identified. The City IT Network
Project Engineer will specify slack cable to be provided at cable ends and vaults as
needed for each cabling job. At cable terminations, any strands removed from cable
sheath must be protected by fan-out tubing secured to the cable sheath. Fiber optic
cable shall be terminated using pigtail cable and LC style connectors unless otherwise
specified by City IT Network Project Engineer. Individual connector loss shall not
exceed EIA/TIA standards for dB loss.
Only fusion splices will be allowed in fiber optic cable. The installer shall use a splice
tray/enclosure to provide proper strain relief and protection to the splice. Splices shall
not exceed EIA/TIA standards for dB loss.
Fiber optic cable must be labeled in sequence from the origin, anywhere on the data
communications backbone, to the destination. At the origin, the cable must be labeled
with the destination name. At intervening vaults the labels must show the origin and
destination. At the destination, labels must show the origin name. Fiber optic cable
outside of conduit must be clearly labeled as: “Fiber Optic”. All labels shall be heavy-
duty, bright plastic markers acceptable to the City IT Network Project Engineer. When
running cable from patch panel to patch panel, terminations should be in the same
position and order in both panels. Conduit in the vaults shall also be labeled. All
conduits shall have tracer wires in them. Empty conduits shall have tracer wire and pull
strings in them. Tracer wire shall be included with all fiber cables. Tracer wire shall be
grounded in each vault. Pull strings will be replaced as utilized.
The City may require the installation of fiber optics cables in electrical duct banks,
conduits, and vaults belonging to the City of Fort Collins Utilities. In such cases, the
Service Provider will coordinate with the City IT Network Project Engineer and the City
Utilities’ Telecom Systems Administrator to arrange for qualified electric utility crew
members to assist with the installation of the cable. For safety reasons only employees
of the City of Fort Collins Utilities are allowed to work in or around the electric utility
power infrastructure, regardless of whether the power lines are energized. The Utilities
will make every effort to accommodate the needs and scheduling of the Service
Provider. Billing arrangements will be agreed upon by all parties before the start of the
project.
BID 7615 Cabling Installation Services Page 18 of 61
In addition, like situations may occur with City Traffic and PRPA vaults. The City IT
Network Project Engineer will coordinate with Traffic Engineering staff and PRPA staff
accordingly. Billing arrangements will be agreed upon by all parties prior to the start of
the project.
B. Testing
After fiber optic cable has been installed, terminated, and mounted in a patch panel, light
source/power meter (LSPM) and OTDR testing shall be done, with test results provided
to the City. Test results shall be within the specifications of the EIA/TIA standards. Any
splice that exceeds attenuation limits shall be reworked until the splice is within limits.
The cable run must be replaced at vendor’s expense if it does not meet specifications.
C. Certification
Vendor shall be industry certified. Bidder shall include evidence of such certification with
the bid response along with resumes, including certifications, for technicians who will be
used on City cable splicing/termination jobs.
D. Fiber Optic Cable Requirements (Outside)
Fiber Optic Cable shall be designed for use in underground outside plant environment.
Cable shall be fabricated by a certified ISO 9001 manufacturer and meet or exceed the
following requirements and Standards:
1. Dielectric construction using center strength member configuration.
2. Dry tape water blocked for interstitial space between buffer tubes and cable
jacket.
3. Each buffer tube shall be color-coded following the latest TIA 598 standard.
Each buffer tube shall contain color coded fiber strands compliant with Telcordia
GR-20-core specifications and shall meet or exceed the requirements of the
latest EIA/TIA-598Standard.
4. The cable shall be designed to function between -40 degrees Celsius to +70
degrees Celsius throughout the life expectancy of the cable.
5. Fiber shall be of a matched cladding design and shall meet or exceed the latest
ITU G652 specifications, along with the Telcordia GR-20-core specification.
6. Mechanical and optical properties of the fiber strands shall meet or exceed those
listed in table 1.0.
E. Data Center Fiber (Indoor)
Multimode fiber used in data center applications shall be OM-3 and terminated as
specified by the City IT Network Project Engineer.
Single-mode fiber used in the data center shall be specified and terminated as directed
by the City IT Network Project Engineer.
BID 7615 Cabling Installation Services Page 19 of 61
Table 1.0 – Single-mode Stranded Loose-Tube Fiber Specifications (Meet or
Exceed)
Fiber Attribute Requirement
Cladding Diameter 125.0 1.0 m
Cladding Non-Circularity 1.0 %
Colored Fiber Diameter. 250 15 m
Core Diameter 8.2 0.1 m
Group Refractive Index 1.467 ± 0.001 @ 1310 nm
1.468 ± 0.001 @ 1550 nm
Core/Cladding Concentricity 0.8 m
Mode Field Diameter 9.3 ± 0.5 m @ 1310 nm
10.4 ± 0.5 m @ 1550 nm
Minimum Proof Strength 100 kpsi
Maximum Attenuation 0.33-0.35 dB/km @ 1310 nm
0.19-0.22 dB/km @ 1550 nm
Maximum Dispersion 3.5 ps/nm-km @ 1285 - 1330 nm
18 ps/nm-km @ 1550 nm
Fiber Cutoff Wavelength 1150 nm 1350 nm
Fiber Macrobend
(100 turns @ 32 mm dia.)
<0.05 dB @ 1310 nm
<0.05 dB @ 1550 nm
Coating Strip Force 1.3 N F 8.9 N
Dynamic Fatigue Parameter (nd) 20
Static Fatigue Parameter (ns) 20
Fiber Curl 4 meters
Macrobend (1 turn, 32 mm dia.) 0.05 dB at 1550 nm
Zero Dispersion Wavelength 1302-1322 nm
E. Required Documentation
At the completion of each cabling project the vendor must supply the City IT Network
Project Engineer with two (2) copies of the following:
1. Electronic copies of OTDR test results. Electronic copies must be in a format
approved by the City IT Network Project Engineer. Power meter documentation
shall be labeled by strand number and the color which identifies the strand
within the sheath.
2. Diagram of as-built cable installation, detailing cable coils, splice points and
vaults as requested by City IT Network Project Engineer.
BID 7615 Cabling Installation Services Page 20 of 61
II. Scope of Work: Category 5e or better Copper Cable
A. Installation of Category 5e or better copper cabling.
Vendor must perform end to end Category 5e or better cabling for 10/100/1000BaseT
Ethernet networks. Work will originate in a wiring closet and will require installing a new
patch panel if one is not already in place. Category 5e or better, plenum rated cable is to
be installed in ceilings and walls. Cabling jobs will require installing cable in finished
ceilings, installing cable above drop ceilings, and running cable through walls or surface-
mounted raceways, ending in flush-mounted or surface-mounted boxes with faceplates.
Vendor must supply appropriate raceway, boxes and faceplates where needed. Both
ends of cable must be terminated with Siemon-certified Category 5e or better (EIA-
T568B) jacks. Cable runs must be labeled at the patch panel and at the faceplate. Cable
must be run neatly, using Velcro tie wraps, raceways, etc. to hang cable above ceiling
tiles and in any other area where cable is exposed. All cabling components (jacks, face
plates, etc.) shall be of Siemon-certified manufacture. Labeling will be as specified by
City IT Network Project Engineer.
All Cabling will be Siemon - certified. Retrofits (existing) will typically be Category 5e and
new (capital) installations Category 6 or better as specified by the City IT Network
Project Engineer.
B. Testing
Completed runs must be tested using an appropriately rated tester approved by the City
IT Network Project Engineer, and results provided to the City.
C. Certification
Vendor shall be Siemon-certified. Bidder shall include evidence of such certification with
the bid response along with resumes, including certifications, for technicians who will be
used on City cabling jobs.
III. Repair
The selected vendors shall give evidence of the ability to offer emergency, off-hours repairs and
list the hourly labor costs that would be charged to the City. This emergency repair is intended
for such situations as a fiber-optic or copper cable that gets cut or damaged. An example would
be a backhoe operator inadvertently hitting a City duct bank in the street. The requirement will
be that this repair crew can be brought on site and ready to make repairs within two (2)
hours of contact by the appropriate City personnel.
IV. Bidding Instructions
Bidders are to follow the following instructions in submitting their Bids. Any Bids
submitted with missing elements may be considered Non-Responsive.
A. Bidders are to fill in the enclosed Parts and Labor Elements List. These are the Unit
Prices that will be included in the Work Order Service Agreement in the event a Bid
Award is received. Also, please indicate the percentage mark-up over your invoice
cost that you are charging the City for the materials your will be supplying on each
Job; in the space provided on the bottom of the Parts and Labor Elements List.
BID 7615 Cabling Installation Services Page 21 of 61
B. The City has selected a series of five (5) Typical Network Jobs for the Bidder to price
out, using the prices you have listed on the Parts and Labor Elements List. Bidders
are to fill in the blanks on the Typical Network Jobs Bid Sheet with the cost of the
Item Number indicated on their List. For Labor Elements, the Bidder is to fill in both
the cost of the Labor Element and the number of hours (to the nearest tenth of an
hour) they estimate will be required to complete the task. For example; Typical Job
#1 requires Labor Element #70. The Bidder is to fill in the cost of Labor Element #70
and the number of hours they estimate will be required to complete it. The Cost per
Hour may be $20; the time required may be .1 hour ($2), .5 hour ($10), 1 hour ($20),
1.5 hours ($30), etc. The Bidder is to fill in all blanks for each Job, and compute the
Job Cost for each particular Job.
C. On the Sum of Typical Network Jobs Bid Sheet, fill in the cost of each of the five
Typical Network Jobs; add those five together and fill in the Sum of Typical Jobs.
Divide that number by 5, then fill in the Average of Typical Jobs.
D. Next, multiply the Average of Typical Jobs by .90 (i.e., 90%) and fill in the Weighted
Average of Typical Jobs.
E. The City has selected a series of three (3) Non-Typical Network Jobs for the Bidder
to price out, again using the prices you have listed on the Parts and Labor Elements
List. Bidders are to fill in the blanks on the Non-Typical Network Jobs Bid Sheet with
the cost of the Item Number indicated on their List. Labor Elements are to be figured
the same way as explained above for the Typical Jobs. The Bidder is to fill in all
blanks for both Jobs, and compute the Job Cost for both Non-Typical Jobs.
F. Fill in the cost of the Non-Typical Jobs under Sum of Non-Typical Jobs Bid Sheet.
Add those two together and fill in the Sum of Non-Typical Jobs. Divide that number
by 2, then fill in the Average of Non-Typical Jobs.
G. Next, multiply the Average of Non-Typical Jobs by .10 (i.e., 10%) and fill in the
Weighted Average of Non-Typical Jobs.
H. Finally, go to the Final Bid Tally Sheet. Fill in the Weighted Average of Typical Jobs
and the Weighted Average of Non-Typical Jobs. Add those two figures together and
fill in the total under Final Bid.
I. Bidders shall include evidence of industry certifications along with resumes, including
certifications, for technicians who will be used on City cable splicing jobs.
BID 7615 Cabling Installation Services Page 22 of 61
The following is the text description of the five (5) Typical Network Jobs.
Use the enclosed Parts and Labor Elements List you have filled out for your Unit Costs.
Use the enclosed Typical Network Jobs Bid Sheet and fill in the blanks to compute your
Job Costs.
1) There are two single-gang, dual coupler station outlets in the sheetrock wall of a room.
Both outlets need to be moved to a different wall, and the original outlets replaced with
blank faceplates. Assume that the CAT 5e cables are of sufficient length to move and
that the original Siemon faceplates and couplers can be re-used.
2) A set of offices are being remodeled. New station outlets are being added in the offices.
The electrician will provide conduit from the ceiling to an electrical box in the wall, and
the ceiling will be open during the remodel. Existing cable tray already exists from the
closet to the office area. Install a total of 12 station outlets. Each outlet would consist of
an angled dual coupler. Assume that the distance to each outlet would be an average of
200 feet and that CAT 6 cable will be used. A new 24-port patch panel will need to be
installed in the network closet. Twelve 10’ UTP patch cords for the stations and twelve
3’ UTP patch cords for the network closet are also needed. Station outlets and patch
panels need to be labeled and cable test results provided.
3) New station outlets need to be added to offices with new wooden furniture with
kickplates in back that would cover access to wall outlets. Install a total of 12 station
outlets. Each outlet would consist of a 2-port surface mount box attached to the wooden
furniture. Assume that the distance to each outlet would be an average of 250 feet and
that CAT 6 cable will be used. The cable will need to be pulled from the network closet
to each office above a suspended ceiling, and the cables will need to be fished down the
wall and an exit hole cut in the sheetrock. A new 48-port patch panel will need to be
installed in the network closet. Twenty-four 10’ UTP patch cords for the stations and
twenty-four 3’ UTP patch cords for the network closet are also needed. Station outlets
and patch panels need to be labeled and cable test results provided.
4) A new building is being built. Two Chatsworth 19” 2-post universal racks need to be
installed and bolted to the floor, with Chatsworth vertical cable system installed between
and on each side of the racks. Twenty feet of ladder rack needs to be installed in the
closet from wall to wall and attached to the racks. A total of 1000 feet of flex tray needs
to be installed in the hallways radiating out from the closet, and the ceiling will be open
during all cabling installation. The electrician will provide conduit from the ceiling to an
electrical box at each outlet location. A total of 75 outlets with single angled dual
couplers and 25 outlets with two angled dual couplers need to be installed. Assume that
the distance to each outlet would be an average of 200 feet and that CAT 6 cable will be
used. Six 48-port CAT 6 UTP patch panels need to be installed in the network closet in
one rack. A total of twelve horizontal wire managers are needed, as well as two
horizontal power strips. 250 10’ UTP patch cords for the stations and 250 3’ UTP patch
cords for the network closet need to be provided. Station outlets and patch panels need
to be labeled and cable test results provided.
5) A Chatsworth Cube-IT will be installed in an electrical closet. A 24-strand SM fiber cable
has been pulled up through an entrance conduit in the floor to the proposed location of
the Cube-IT. All 24 strands of fiber need to be terminated with SC pigtails and installed
in a fiber patch panel. Four SC to LC SMF 3 meter jumper cords need to be provided.
BID 7615 Cabling Installation Services Page 23 of 61
The following is the text description of the three (3) Non-Typical Network Jobs. Use the
enclosed Parts and Labor Elements List you have filled out for your Unit Costs. Use the
enclosed Non-Typical Network Jobs Bid Sheet and fill in the blanks to compute your Job
Costs.
1) There are four old 24-port, fully-populated, wall-mount AT&T patch panels, containing
CAT 5e cables, in a closet. These cables need to be relocated to a rack on the other
side of the room. Half of the cables will reach. The other half are 5 feet short and will
not reach. A CAT 5e consolidation point on CAT 5e 110 blocks needs to be installed in
order to extend these short cables. New 24-port CAT 5e UTP patch panels need to be
provided, and the cables re-routed 20 feet across the room to the rack. Twenty feet of
ladder rack needs to be installed.
2) A Chatsworth Cube-IT will be installed in an electrical closet. Three hundred feet of 2”
conduit needs to be installed, with a total of six 90-degree swept bends and three
junction boxes, from an exterior wall to the Cube-IT. Assume this is being installed
along wall and ceiling within a warehouse with 20’ ceilings. A 24-strand SM fiber cable
needs to be installed from a vault immediately outside the building through the conduit
into the Cube-IT. Assume that you will be providing 400’ of fiber in total. All 24 strands
of fiber need to be terminated with SC pigtails and installed in a fiber patch panel. Four
SC to LC SMF 3 meter jumper cords need to be provided.
3) Between the City Hall West Data Center and the City Hall West PBX room, a 48 strand
OM3 multimode cable will need to be routed between designated termination end points.
The distance between termination end points is approximately 530 feet. There will be an
existing OM1 multimode fiber cable that has been decommissioned that can be used as
a pull string to pull in the new OM3 cable. On the City Hall West Data Center side, there
is an existing ADC TFP fiber patch panel located in an existing cabinet. A quantity of
four TFP 50 micron bulkheads will need to be added to the existing fiber patch panel to
terminate the OM3 multimode fiber. On the CHW PBX side a new 24 position ADC term
only fiber patch panel will need to be installed in an existing 19” rack. A quantity of four
OM3 multimode bulkheads will need to be installed in the ADC term only panel. From
the PBX ADC Fiber Entrance cabinet, a 48 strand OM3 multimode trunk cable will need
to be spliced in an identified splice tray. The OM3 trunk cable will need to be routed
above the ceiling and terminated into the newly installed ADC 24 position term only
panel. The approximate distance between the ADC FEC and the newly installed ADC
term only panel is 50 feet. At this time, only 24 strands of the 48 strands of OM3 fiber
will be terminated or spliced. The remaining 24 strands shall be neatly coiled in the PBX
ADC FEC trays and the Data Center ADC TFP fiber patch panel.
BID 7615 Cabling Installation Services Page 24 of 61
V. Method of Award
The City of Fort Collins will sign a Work Order Service Agreement (see attached sample) with
the lowest responsible and responsive bidder that meet the requirements set forth in this bid
proposal. The resulting Agreement will be for a period of one year, unless sooner terminated. In
addition, at the option of the City, the award may be extended for additional one-year periods,
as specified in the Service Agreement with the expectation of up to a five year continuing
relationship as City funding permits. Each year any pricing changes shall be negotiated by and
agreed to by both parties, subject to the limits set forth in the Service Agreement. Price
increases shall be justified by evidence of increased costs, such as supplier’s invoices. Prices
of materials are quoted for one year on a “not greater than” basis with the expectation that the
bidder can pass on discounted prices to the City of Fort Collins if available.
VI. Work Order Initiation
The awarded Service Provider will be contacted by the City IT Network Project Engineer and
asked to provide a price quote for a specific cabling job, based on the rates they have bid on
the enclosed Parts and Labor Elements List, which will become part of the signed
Service Agreement. The Service Provider must advise the City IT Network Project Engineer if
they cannot provide a quote or would not be able to complete a cabling job on schedule
because of prior commitments, or for any other reason. In this case the City IT Network Project
Engineer will contact other providers to provide the service. A Work Order form shall be
completed and signed for each job, in accordance with the Work Order Service Agreement.
Service Provider’s inability to quote on a specific job will not affect their status as the awarded
vendor for subsequent cabling jobs.
VII. Special Conditions and Instructions
The City of Fort Collins reserves the right, based on the Service Provider’s subsequent
performance, to terminate any awarded Work Order Service Agreement after written notice of
any infractions is given and corrective actions are not satisfactory, or for misrepresentation of
the claims stated in his/her bid.
Please complete and return all four (4) Bid Sheets: (Typical Network Jobs Bid Sheet, Sum
of Typical Network Jobs Bid Sheet, Non-Typical Network Jobs Bid Sheet, Final Bid Tally
Sheet); plus all seven (7) pages of the Bid Schedule: Fiber-optic & Copper Cabling Parts,
Labor).
BID 7615 Cabling Installation Services Page 25 of 61
SERVICES AGREEMENT
WORK ORDER TYPE
(SAMPLE)
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. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for services
for . The conditions set forth herein shall apply to all services performed by the
Service Provider on behalf of the City and particularly described in Work Orders
agreed upon in writing by the parties from time to time. Such Work Orders, a sample
of which is attached hereto as Exhibit "A", consisting of ( ) page(s) and
incorporated herein by this reference, shall include a description of the services to be
performed, the location and time for performance, the amount of payment, any
materials to be supplied by the City and any other special circumstances relating to the
performance of services. No work order shall exceed $ . The only services
authorized under this agreement are those which are performed after receipt of such
Work Order, except in emergency circumstances where oral work requests may be
issued. Oral requests for emergency actions will be confirmed by issuance of a written
Work Order within two (2) working days. Irrespective of references in Exhibit A to
certain named third parties, Professional shall be solely responsible for performance of
all duties hereunder.
BID 7615 Cabling Installation Services Page 26 of 61
b. The City may, at any time during the term of a particular Work Order and without
invalidating the Agreement, make changes within the general scope of the particular
services assigned and the Service Provider agrees to perform such changed services.
2. Changes in the Work. The City reserves the right to independently bid any services rather
than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service
Provider.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or
oral emergency service request. Oral emergency service requests will be acted upon
without waiting for a written Work Order. Time is of the essence.
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 90 days prior to
contract end.
5. Contract Period. {Option 2] This Agreement shall commence , 200 and shall
continue in full force and effect until , 200 , 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 ( ) 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 90 days prior to contract end.
BID 7615 Cabling Installation Services Page 27 of 61
6. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without is 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.
7. Early Termination by City/Notices. 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 mailed at least fifteen (15) days
prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed,
postage prepaid and sent to the following address:
Service Provider: City: Copy to:
Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, 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.
8. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The
actual amount of work to be performed will be stated on the individual Work Orders. The
City makes no guarantee as to the number of Work Orders that may be issued or the
actual amount of services which will in fact be requested.
BID 7615 Cabling Installation Services Page 28 of 61
9. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full payment for
all work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs,
with markups, stated within the Bid Schedule Proposal Form, attached hereto as
Exhibit " ", consisting of ( ) page , and incorporated herein by
this reference.
Payment shall be made by the City only upon acceptance of the work by the City and
upon the Service Provider furnishing satisfactory evidence of payment of all wages,
taxes, supplies and materials, and other costs incurred in connection with the
performance of such work.
10. City Representative. The City's representative will be shown on the specific Work Order
and shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the work requested. All requests concerning this Agreement shall be
directed to the City Representative.
11. Independent Contractor. It is agreed that in the performance of any services hereunder,
the Service Provider is an independent contractor responsible to the City only as to the
results to be obtained in the particular work assignment and to the extend that the work
shall be done in accordance with the terms, plans and specifications furnished by the City.
12. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
BID 7615 Cabling Installation Services Page 29 of 61
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Service Provider.
13. 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.
14. 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 under the Agreement
or of any cause of action arising out of the performance of this Agreement.
15. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
BID 7615 Cabling Installation Services Page 30 of 61
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.
16. 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.
17. 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.
18. 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 representative, successors and assigns of said parties.
19. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
BID 7615 Cabling Installation Services Page 31 of 61
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever, brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by this
reference. The Service Provider before commencing services hereunder, shall deliver
to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins,
Colorado 80522 one copy of a certificate evidencing the insurance coverage required
from an insurance company acceptable to the city.
20. 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.
21. Law/Severability. This Agreement shall be governed in all respect by the laws of the State
of Colorado. 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.
22. 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:
BID 7615 Cabling Installation Services Page 32 of 61
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.
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
BID 7615 Cabling Installation Services Page 33 of 61
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.
23. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit “C” - Confidentiality,
consisting of one (1) page, attached hereto and incorporated herein by this reference; in
Exhibit D – Federal Contract Clause, consisting of nineteen (19) pages, attached hereto
and incorporated herein by this reference; Exhibit E – Davis-Bacon Wage Rates,
consisting of five (5) pages, attached hereto and incorporated herein by this reference.
BID 7615 Cabling Installation Services Page 34 of 61
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: __________________________________
Gerry S. Paul
Director of Purchasing and Risk Management
Date: _________________________________
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
Assistant City Attorney
(Awarded Vendor)
By: ____________________________________
_______________________________________
Print Name
Title____________________________________
Date: _______________________________
BID 7615 Cabling Installation Services Page 35 of 61
EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Original Bid/RFP Number & Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In
the event of a conflict between or ambiguity in
the terms of the Professional Services
Agreement and this work order (including the
attached forms) the Professional Services
Agreement shall control.
The attached forms consisting of ___ (_)
pages are hereby accepted and incorporated
herein, by this reference, and Notice to
Proceed is hereby given.
Professional
By:_______________________________
Date:_____________________________
City of Fort Collins
By:_________________________________
Project Manager
Date: ______________________________
By: _______________________________
Gerry Paul
Director of Purchasing and Risk Management
(over $60,000.00)
Date: ____________________________
BID 7615 Cabling Installation Services Page 36 of 61
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.
BID 7615 Cabling Installation Services Page 37 of 61
EXHIBIT C
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Professional has agreed to perform, the Professional hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the
City). The Professional shall not disclose any such information to any person not having a
legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not
use such information to obtain any economic or other benefit for itself, or any third party, except
as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Professional shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional shall promptly return to the City any and all information
described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Professional understands and agrees that the City’s remedies at law for a breach of the
Professional’s obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
BID 7615 Cabling Installation Services Page 38 of 61
EXHIBIT D
(For Federally Funded Projects)
FEDERAL TRANSIT ADMINISTRATION (FTA) CONTRACT CLAUSES
TABLE OF CONTENTS
Federally Required and Other Model Contract Clauses
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES .................................................. 39
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS ................................................................................................................................. 39
3. ACCESS TO RECORDS AND REPORTS ........................................................................ 39
4. FEDERAL CHANGES ....................................................................................................... 41
5. TERMINATION .................................................................................................................. 41
6. CIVIL RIGHTS REQUIREMENTS...................................................................................... 44
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ...................................................... 45
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ............. 46
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) ........ 46
10. CARGO PREFERENCE REQUIREMENTS ....................................................................... 47
11. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS ............................................ 47
12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ...................................... 54
13. ENERGY CONSERVATION REQUIREMENTS................................................................. 55
14. RECYCLED PRODUCTS .................................................................................................. 55
15. ADA Access ..................................................................................................................... 55
16. CITY OF FORT COLLINS BID PROTEST PROCEDURES ............................................... 56
BID 7615 Cabling Installation Services Page 39 of 61
1. 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 seq. and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to
this Project. Upon execution of the underlying contract, the Contractor certifies or
affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted
project for which this contract work is being performed. In addition to other penalties
that may be applicable, the Contractor further acknowledges that if it makes, or causes
to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49
U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C.
§ 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal
Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that
the clauses shall not be modified, except to identify the subcontractor who will be
subject to the provisions.
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
General of the United States or any of their authorized representatives access to any
BID 7615 Cabling Installation Services Page 40 of 61
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
l Service
Contract
Turnkey
Constructio
n
Architectural
Engineering
Acquisitio
n of
Rolling
Stock
Professional
Services
I State Grantees
a. Contracts below
SAT ($100,000)
b. Contracts above
$100,000/Capital
Projects
None
None
unless1
non-
competitive
award
Those
imposed on
state pass
thru to
Contractor
None
Yes, if non-
competitive
award or if
funded thru2
5307/5309/5
311
BID 7615 Cabling Installation Services Page 41 of 61
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 Convenience (Professional or Transit Service Contracts) The
(Recipient), by written notice, may terminate this contract, in whole or in part, when it is
BID 7615 Cabling Installation Services Page 42 of 61
in the Government's interest. If this contract is terminated, the Recipient shall be liable
only for payment under the payment provisions of this contract for services rendered
before the effective date of termination.
F. Termination for Default (Supplies and Service) If the Contractor fails to deliver
supplies or to perform the services within the time specified in this contract or any
extension or if the Contractor fails to comply with any other provisions of this contract,
the (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.
G. Termination for Default (Transportation Services) If the Contractor fails to pick up
the commodities or to perform the services, including delivery services, within the time
specified in this contract or any extension or if the Contractor fails to comply with any
other provisions of this contract, the (Recipient) may terminate this contract for default.
The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature of default. The Contractor will only be paid the contract price for
services performed in accordance with the manner of performance set forth in this
contract.
If this contract is terminated while the Contractor has possession of Recipient goods,
the Contractor shall, upon direction of the (Recipient), protect and preserve the goods
until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall
agree on payment for the preservation and protection of goods. Failure to agree on an
amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the (Recipient).
H. Termination for Default (Construction) If the Contractor refuses or fails to prosecute
the work or any separable part, with the diligence that will insure its completion within
the time specified in this contract or any extension or fails to complete the work within
this time, or if the Contractor fails to comply with any other provisions of this contract,
the (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. In this event, the Recipient may take over the work and compete it by contract
or otherwise, and may take possession of and use any materials, appliances, and
plant on the work site necessary for completing the work. The Contractor and its
sureties shall be liable for any damage to the Recipient resulting from the Contractor's
refusal or failure to complete the work within specified time, whether or not the
Contractor's right to proceed with the work is terminated. This liability includes any
increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged
with damages under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the
control and without the fault or negligence of the Contractor. Examples of such
BID 7615 Cabling Installation Services Page 43 of 61
causes include: acts of God, acts of the Recipient, acts of another Contractor in the
performance of a contract with the Recipient, epidemics, quarantine restrictions,
strikes, freight embargoes; and
2. the contractor, within [10] days from the beginning of any delay, notifies the
(Recipient) in writing of the causes of delay. If in the judgment of the (Recipient),
the delay is excusable, the time for completing the work shall be extended. The
judgment of the (Recipient) shall be final and conclusive on the parties, but subject
to appeal under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the
Contractor was not in default, or that the delay was excusable, the rights and
obligations of the parties will be the same as if the termination had been issued for the
convenience of the Recipient.
I. Termination for Convenience or Default (Architect and Engineering) The
(Recipient) may terminate this contract in whole or in part, for the Recipient's
convenience or because of the failure of the Contractor to fulfill the contract
obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of
Termination specifying the nature, extent, and effective date of the termination. Upon
receipt of the notice, the Contractor shall (1) immediately discontinue all services
affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer
all data, drawings, specifications, reports, estimates, summaries, and other information
and materials accumulated in performing this contract, whether completed or in
process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall
make an equitable adjustment in the contract price but shall allow no anticipated profit
on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the
Recipient may complete the work by contact or otherwise and the Contractor shall be
liable for any additional cost incurred by the Recipient.
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.
J. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient)
may terminate this contract, or any portion of it, by serving a notice or termination on
the Contractor. The notice shall state whether the termination is for convenience of the
(Recipient) or for the default of the Contractor. If the termination is for default, the
notice shall state the manner in which the contractor has failed to perform the
requirements of the contract. The Contractor shall account for any property in its
possession paid for from funds received from the (Recipient), or property supplied to
the Contractor by the (Recipient). If the termination is for default, the (Recipient) may
fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to
the value, if any, of work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to the (Recipient) and the parties shall negotiate
the termination settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid
its contract close-out costs, and a fee, if the contract provided for payment of a fee, in
proportion to the work performed up to the time of termination.
BID 7615 Cabling Installation Services Page 44 of 61
If, after serving a notice of termination for default, the (Recipient) determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood,
events which are not the fault of and are beyond the control of the contractor, the
(Recipient), after setting up a new work schedule, may allow the Contractor to continue
work, or treat the termination as a termination for convenience.
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 of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.
§ 5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq., (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.
(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
BID 7615 Cabling Installation Services Page 45 of 61
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.
7. 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 __ %. A separate contract goal [of __ % DBE participation has]
[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)).
c. {If a separate contract goal has been established, use the following}
Bidders/offerors are required to document sufficient DBE participation to meet these
goals or, alternatively, document adequate good faith efforts to do so, as provided for
in 49 CFR 26.53. Award of this contract is conditioned on submission of the following
[concurrent with and accompanying sealed bid] [concurrent with and
accompanying an initial proposal] [prior to award]:
1. The names and addresses of DBE firms that will participate in this
contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder/offeror’s commitment to use a DBE
subcontractor whose participation it submits to meet the contract goal;
5. Written confirmation from the DBE that it is participating in the contract as
provided in the prime contractor’s commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
[Bidders][Offerors] must present the information required above [as a matter of
responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR
26.53(3)).
{If 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,
[the contractor may not hold retainage from its subcontractors.] [is required to
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return any retainage payments to those subcontractors within 30 days after the
subcontractor's work related to this contract is satisfactorily completed.] [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 4220.1E, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with 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).
BID 7615 Cabling Installation Services Page 47 of 61
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
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. CARGO PREFERENCE REQUIREMENTS
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to
use privately owned United States-Flag commercial vessels to ship at least 50 percent of
the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and
tankers) involved, whenever shipping any equipment, material, or commodities pursuant to
the underlying contract to the extent such vessels are available at fair and reasonable
rates for United States-Flag commercial vessels; b. to furnish within 20 working days
following the date of loading for shipments originating within the United States or within 30
working days following the date of leading for shipments originating outside the United
States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for
each shipment of cargo described in the preceding paragraph to the Division of National
Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590
and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-
lading.) c. to include these requirements in all subcontracts issued pursuant to this
contract when the subcontract may involve the transport of equipment, material, or
commodities by ocean vessel.
11. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS
Background and Application
The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC
874. The Acts apply to grantee construction contracts and subcontracts that “at least
partly are financed by a loan or grant from the Federal Government.” 40 USC 3145(a), 29
CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000.
40 USC 3142(a), 29 CFR 5.5(a). ‘Construction,’ for purposes of the Acts, includes “actual
construction, alteration and/or repair, including painting and decorating.” 29 CFR 5.5(a).
The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11)
BID 7615 Cabling Installation Services Page 48 of 61
enumerated at 29 CFR 5.5(a) and reproduced below.
The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the
model clause below should be coordinated with counsel to ensure the Acts’ requirements
are satisfied.
Clause Language
Davis-Bacon and Copeland Anti-Kickback Acts
(1) Minimum wages –
(i) All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in
the construction or development of the project), will be paid unconditionally and not
less often than once a week, and without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by regulations issued by
the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be alleged to exist
between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits
under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the
provisions of paragraph (1)(iv) of this section; also, regular contributions made or
costs incurred for more than a weekly period (but not less often than quarterly)
under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such
laborers and mechanics shall be paid the appropriate wage rate and fringe benefits
on the wage determination for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or
mechanics performing work in more than one classification may be compensated
at the rate specified for each classification for the time actually worked therein:
Provided, That the employer's payroll records accurately set forth the time spent in
each classification in which work is performed. The wage determination (including
any additional classifications and wage rates conformed under paragraph (1)(ii) of
this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by
the contractor and its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
(ii) (A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to
be employed under the contract shall be classified in conformance with the
wage determination. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefore only when the
following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to
be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
BID 7615 Cabling Installation Services Page 49 of 61
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification
prevails in the area in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), a report of the action taken shall be sent by
the contracting officer to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor, Washington,
DC 20210. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer
within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree
on the proposed classification and wage rate (including the amount designated
for fringe benefits, where appropriate), the contracting officer shall refer the
questions, including the views of all interested parties and the recommendation
of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all
workers performing work in the classification under this contract from the first
day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an hourly rate,
the contractor shall either pay the benefit as stated in the wage determination or
shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the
contractor may consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of Labor has found, upon
the written request of the contractor, that the applicable standards of the Davis-
Bacon Act have been met. The Secretary of Labor may require the contractor to
set aside in a separate account assets for the meeting of obligations under the plan
or program.
(v) (A) The contracting officer shall require that any class of laborers or mechanics
which is not listed in the wage determination and which is to be employed
under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification
and wage rate and fringe benefits therefore only when the following criteria
have been met:
(1) The work to be performed by the classification requested is not performed
BID 7615 Cabling Installation Services Page 50 of 61
by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination.
(B) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), a report of the action taken shall be sent by
the contracting officer to the Administrator of the Wage and Hour Division,
Employment Standards Administration, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting officer within the
30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree
on the proposed classification and wage rate (including the amount designated
for fringe benefits, where appropriate), the contracting officer shall refer the
questions, including the views of all interested parties and the recommendation
of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination with
30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all
workers performing work in the classification under this contract from the first
day on which work is performed in the classification.
(2) Withholding –
The City of Fort Collins shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld
from the contractor under this contract or any other Federal contract with the same
prime contractor, or any other federally-assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same prime contractor, so much of
the accrued payments or advances as may be considered necessary to pay laborers
and mechanics, including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract. In
the event of failure to pay any laborer or mechanic, including any apprentice, trainee,
or helper, employed or working on the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), all or part of the wages required by the contract, the City
of Fort Collins may, after written notice to the contractor, sponsor, applicant, or
owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records –
(i) Payrolls and basic records relating thereto shall be maintained by the contractor
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during the course of the work and preserved for a period of three years thereafter
for all laborers and mechanics working at the site of the work (or under the United
States Housing Act of 1937, or under the Housing Act of 1949, in the construction
or development of the project). Such records shall contain the name, address, and
social security number of each such worker, his or her correct classification, hourly
rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in section
1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under
a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the
contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that
the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
(ii) (A) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the City of Fort Collins for transmission to
the Federal Transit Administration. The payrolls submitted shall set out
accurately and completely all of the information required to be maintained
under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may
be submitted in any form desired. Optional Form WH-347 is available for this
purpose and may be purchased from the Superintendent of Documents
(Federal Stock Number 029-005-00014-1), U.S. Government Printing Office,
Washington, DC 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his or her agent who pays or
supervises the payment of the persons employed under the contract and shall
certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and
that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid
the full weekly wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or indirectly from the
full wages earned, other than permissible deductions as set forth in
Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of
work performed, as specified in the applicable wage determination
incorporated into the contract.
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(C) The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for
submission of the "Statement of Compliance" required by paragraph
(a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and
section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph
(a)(3)(i) of this section available for inspection, copying, or transcription by
authorized representatives of the Federal Transit Administration or the Department
of Labor, and shall permit such representatives to interview employees during
working hours on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the Federal agency may, after written
notice to the contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee
of funds. Furthermore, failure to submit the required records upon request or to
make such records available may be grounds for debarment action pursuant to 29
CFR 5.12.
(4) Apprentices and trainees –
(i) Apprentices - Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship program registered with the
U.S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State Apprenticeship Agency recognized by
the Bureau, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate)
to be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any apprentice performing work on the job
site in excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor is performing construction on a project in a locality
other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in the
contractor's or subcontractor's registered program shall be observed. Every
apprentice must be paid at not less than the rate specified in the registered
program for the apprentice's level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable wage determination. Apprentices
shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator of the Wage and
Hour Division of the U.S. Department of Labor determines that a different practice
BID 7615 Cabling Installation Services Page 53 of 61
prevails for the applicable apprentice classification, fringes shall be paid in
accordance with that determination. In the event the Bureau of Apprenticeship and
Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the contractor will no longer be permitted
to utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has received
prior approval, evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee program does
not mention fringe benefits, trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides
for less than full fringe benefits for apprentices. Any employee listed on the payroll
at a trainee rate who is not registered and participating in a training plan approved
by the Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work actually
performed. In the event the Employment and Training Administration withdraws
approval of a training program, the contractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the work performed until
an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended, and 29 CFR part
30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the
Federal Transit Administration may by appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5
may be grounds for termination of the contract, and for debarment as a contractor and
a subcontractor as provided in 29 CFR 5.12.
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(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3,
and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
(10) Certification of eligibility –
(i) By entering into this contract, the contractor certifies that neither it (nor he or she)
nor any person or firm who has an interest in the contractor's firm is a person or
firm ineligible to be awarded Government contracts by virtue of section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or
29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001.
12. 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 Language 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
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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
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.
13. 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.
14. 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.
15. 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
BID 7615 Cabling Installation Services Page 56 of 61
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.
16. CITY OF FORT COLLINS BID PROTEST PROCEDURES
The City of Fort Collins has a protest procedure, covering any phase of solicitation or
award, including but not limited to specification or award. The protest procedures are
available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd
Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the
procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775.
BID 7615 Cabling Installation Services Page 57 of 61
EXHIBIT E
DAVIS-BACON WAGE RATES
(For Federally Funded Projects)
General Decision Number: CO140008 02/07/2014 CO8
Superseded General Decision Number: CO20130008
State: Colorado
Construction Type: Building
County: Larimer County in Colorado.
BUILDING CONSTRUCTION PROJECTS (does not include residential
construction consisting of single family homes and apartments
up to and including 4 stories)
Modification Number Publication Date
0 01/03/2014
1 01/17/2014
2 02/07/2014
* ASBE0028-001 10/01/2013
Rates Fringes
Asbestos Workers/Insulator
(Includes application of
all insulating materials,
protective coverings,
coatings and finishings to
all types of mechanical
systems)....................$ 28.83 13.18
----------------------------------------------------------------
CARP1001-001 05/01/2009
Rates Fringes
CARPENTER
(Including Formbuilding
and Metal Stud Work)........$ 26.60 8.89
----------------------------------------------------------------
CARP1607-002 06/01/2012
Rates Fringes
MILLWRIGHT.......................$ 28.95 11.10
----------------------------------------------------------------
ELEC0068-009 12/01/2012
Rates Fringes
ELECTRICIAN
BID 7615 Cabling Installation Services Page 58 of 61
(Including Low Voltage
Wiring and Installation of
Communications Systems,
Security Systems,
Telephones, and
Temperature Controls).......$ 32.10 12.53
----------------------------------------------------------------
ELEV0025-002 01/01/2014
Rates Fringes
Elevator Constructor.............$ 40.10 26.785
FOOTNOTE:
a. Employer contributes 8% of basic hourly rate for over 5
years' service and 6% basic hourly rate for 6 months' to 5
years' service as Vacation Pay Credit.
PAID HOLIDAYS: New Year's Day; Memorial Day; Independence
Day; Labor Day; Veterans Day; Thanksgiving Day; Friday
after Thanksgiving Day; and Christmas Day.
----------------------------------------------------------------
IRON0024-001 11/01/2013
Rates Fringes
IRONWORKER, STRUCTURAL...........$ 24.80 10.14
----------------------------------------------------------------
PAIN0930-001 07/01/2013
Rates Fringes
GLAZIER..........................$ 28.67 7.52
----------------------------------------------------------------
PLAS0577-001 05/01/2013
Rates Fringes
Cement Mason/Concrete Finisher...$ 23.25 10.23
----------------------------------------------------------------
PLUM0003-001 07/01/2013
Rates Fringes
PLUMBER
(Excluding HVAC work).......$ 33.18 12.44
----------------------------------------------------------------
PLUM0208-001 07/01/2013
Rates Fringes
PIPEFITTER
(Including HVAC pipe).......$ 33.35 12.27
----------------------------------------------------------------
SHEE0009-001 07/01/2013
BID 7615 Cabling Installation Services Page 59 of 61
Rates Fringes
Sheet metal worker
(Includes HVAC duct and
installation of HVAC
systems)....................$ 32.04 13.13
----------------------------------------------------------------
SUCO2001-015 12/20/2001
Rates Fringes
LABORER
Common......................$ 9.56 2.36
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is union or non-union.
Union Identifiers
An identifier enclosed in dotted lines beginning with
characters other than "SU" denotes that the union
classification and rate have found to be prevailing for that
classification. Example: PLUM0198-005 07/01/2011. The first
four letters , PLUM, indicate the international union and the
four-digit number, 0198, that follows indicates the local union
number or district council number where applicable , i.e.,
Plumbers Local 0198. The next number, 005 in the example, is
an internal number used in processing the wage determination.
The date, 07/01/2011, following these characters is the
effective date of the most current negotiated rate/collective
bargaining agreement which would be July 1, 2011 in the above
example.
Union prevailing wage rates will be updated to reflect any
changes in the collective bargaining agreements governing the
rates.
BID 7615 Cabling Installation Services Page 60 of 61
0000/9999: weighted union wage rates will be published annually
each January.
Non-Union Identifiers
Classifications listed under an "SU" identifier were derived
from survey data by computing average rates and are not union
rates; however, the data used in computing these rates may
include both union and non-union data. Example: SULA2004-007
5/13/2010. SU indicates the rates are not union majority rates,
LA indicates the State of Louisiana; 2004 is the year of the
survey; and 007 is an internal number used in producing the
wage determination. A 1993 or later date, 5/13/2010, indicates
the classifications and rates under that identifier were issued
as a General Wage Determination on that date.
Survey wage rates will remain in effect and will not change
until a new survey is conducted.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
BID 7615 Cabling Installation Services Page 61 of 61
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION
None
None unless
non-
competitive
award
None
None
unless
non-
competitiv
e award
None
None unless non-
competitive award
II Non State Grantees
a. Contracts below
SAT ($100,000)
b. Contracts above
$100,000/Capital
Projects
Yes3
Yes3
Those
imposed on
non-state
Grantee
pass thru to
Contractor
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i)