HomeMy WebLinkAboutBID - 7444 CARPET MAINTENANCE FOR TRANSFORT FACILITIESBID 7444 Carpet Maintenance for Transfort Facilities Page 1 of 49
INVITATION TO BID
7444 Carpet Maintenance for Transfort Facilities
BID OPENING: 2:30 P.M. (our clock), November 19, 2012
The City of Fort Collins is accepting bids for carpet maintenance for multiple Transfort facilities.
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 2:30 p.m. (our clock), November
19, 2012.
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.
Questions concerning the scope of the bid should be directed to Project Manager Jim Pierce at
(970) 221-6592 or jpierce@fcgov.com.
Questions regarding bid submittal or process should be directed to Doug Clapp, Senior Buyer
(970) 221-6776 or dclapp@fcgov.com.
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
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 Bids may be withdrawn up to the date and hour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.
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 7444 Carpet Maintenance for Transfort Facilities Page 2 of 49
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 results: for information regarding results for individual bids send a self-addressed,
self-stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our
office 7 days after the bid opening.
James B. O’Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
BID 7444 Carpet Maintenance for Transfort Facilities Page 3 of 49
Table of Contents
INSTRUCTIONS TO BIDDERS ...................................................................................... 4
GENERAL INFORMATION ............................................................................................. 5
Building Locations & Square Footage .......................................................................... 5
Exhibit A - Scope of Work ............................................................................................ 6
Carpet Information ....................................................................................................... 6
Cleaning Materials to Be Used ................................................................................. 6
Cleaning Procedures ................................................................................................ 7
Approved Equipment ................................................................................................ 8
Bidder Qualifications .................................................................................................... 9
Submittal of Bids .......................................................................................................... 9
Exhibit B – Bid Form .................................................................................................. 11
Exhibit C – Carpet Maintenance Reference Form ..................................................... 12
Exhibit D – Bid Sheet Upholstery Cleaning ................................................................ 14
SUPPLEMENTARY CONDITIONS ............................................................................... 15
Exhibit E – Sample Services Agreement ................................................................... 19
Exhibit F – Federal Contract Requirements ............................................................... 28
FEDERAL TRANSIT ADMINISTRATION ...................................................................... 28
BUILDING LOCATIONS MAP ....................................................................................... 38
BUILDING STATISTICS & FLOOR PLANS .................................................................. 40
South Transit Center .................................................................................................. 40
Main Transit Center ................................................................................................... 42
Transfort Cottage ....................................................................................................... 45
Transfort Portner Road Building ................................................................................ 47
BID 7444 Carpet Maintenance for Transfort Facilities Page 4 of 49
INSTRUCTIONS TO BIDDERS
Project Identification
Project: Carpet Maintenance
General Description
Carpet Maintenance for various buildings listed on the bid form. All work described herein will
be performed solely by the contractor.
Contract Documents
A. Availability:
Contractors may obtain sets of drawings and specifications from the Purchasing office at
215 N. Mason between the hours of 8:00a.m. and 5:00p.m. Monday through Friday.
B. Interpretation:
The Contract Documents governing the work described herein include the all material
herein and all addenda issued except as specifically noted elsewhere.
The Contract Documents are intended to be sufficiently detailed to provide adequate
definition of the work to be prosecuted and the quality of that work. The Bidder shall
make himself thoroughly familiar with the provisions and content of the Contract
Documents. Failure to do so in any way alters the successful bidder’s obligation to enter
into the Agreement, his obligation to prosecute the Agreement or his risks in performing
the Agreement.
The Contract Documents are intended to be mutually supportive and sufficiently
detailed.
The Bidder should request clarification of all potential conflicts by contacting the Director
of Purchasing & Risk Management at least seven (7) days prior to the bid date. The City
will not be responsible for any other explanations, interpretations, or other
supplementary data except those made by written addenda.
C. Addenda:
Any Addenda required will be mailed to all Contract Document holders of record.
Basis of Bid
All work described herein will be performed solely by the contractor.
Qualification of Bidder
The City may make such pre-award survey as it deems necessary to determine the ability of the
Bidder to perform the work and the Bidder shall furnish to the City all such information and data
as is reasonable required for this purpose. The City reserves the right to disqualify any bid if the
evidence resulting from the City’ s investigation shows, in the opinion of the City, that the Bidder
is not properly qualified to prosecute the work described herein. With the Bid:
a. The bidder shall attach a completed Carpet Maintenance Reference Form (Exhibit B)
and bid sheet for Upholstery cleaning (Exhibit C)
b. The Bidder shall attach a list of equipment that will be made available to accomplish
the work and shall be prepared to have equipment inspected and approved by the
City’s Representative.
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Preparation of Bids
Fill in all blanks on Bid Forms. Failure to do so may result in a bid disqualification. All entries
shall be made in ink. Bids entered on detached forms, on forms where phraseology has been
altered or where the documents have been otherwise altered will not be accepted.
Where discrepancies exist between unit prices and totals, the unit price shall be used.
Sign the bid in the blank space provided. If Bidder is a corporation, the legal name of the
corporation shall be set forth, together with the signature of the officer or officers authorized to
sign contracts on behalf of the corporation. If the Bidder is a partnership, the true name of the
firm shall be set forth, together with the signature of the partner or partners authorized to sign
contracts on behalf of the partnership.
Pre-Award Contract Negotiations
Within thirty (30) days after the bid opening, the City will enter into contract negations with the
lowest responsive and responsible Bidder. If that Bidder cannot qualify or declines to enter into
the Agreement, the City may enter into negotiations with the next lowest responsive and
responsible Bidder.
GENERAL INFORMATION
The City of Fort Collins currently occupies 3 Transfort buildings requiring carpet maintenance
with an additional building to be constructed in 2013. The City of Fort Collins has established
guidelines for their carpet maintenance program, which are described in detail within this bid
request. Interested bidders must be completely familiar with the procedures and equipment
required to execute the work as specified herein. Initial award shall be for a one-year period
and, at the option of the City, the Agreement may be extended for additional one-year periods
not to exceed four (4) such periods.
The City reserves the right to request supplemental documentation and interviews with any of
the qualified bidders. Bid award will be made to the low responsible, responsive bidder meeting
bid specifications.
Please review all the enclosed information carefully and direct any questions regarding
specifications to Jim Pierce at (970) 221-6592. Questions regarding bidding process or
contracts should be directed to Doug Clapp, Senior Buyer, 970-221-6776. Changes to bid
documents will be made via written addendums and transmitted to all holders of complete
specifications.
Building Locations & Square Footage
CARPET MAINTENANCE 2009 DESIGNATION OF TRAFFIC AREAS
BUILDING LOCATION Map Approx. Orange Blue Yellow
Location # Carpeted Sq. Ft. High - 12 Medium - 4 low - 1
TRANSFORT 6570 Portner Rd A - 24 2,905 1,202 851 852
TRANSFORT Cottage 6570 Portner Rd A - 12 1,073 - 600 1,073
Transit Center 250 Mason B - 51 4,007 1,483 1,343 1,181
South Transit Center 4915 Fossil Blvd A - 2,905 1,551 1,070 284
Totals 10,890 4,236 3,264 3,390
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Exhibit A - Scope of Work
Carpet in City Facilities has been categorized into traffic areas on this Scope of Work. The
required maintenance schedule for each traffic area is as follows:
1. Areas designated as HIGH traffic will be maintained as follows:
Once a month using a truck mount hot water extractor.
2. Areas designated as MEDIUM traffic will be maintained as follows:
Every three (3) months using a crystallization/encapsulation method (mist and
scrub).
Alternate with hot water extraction.
3. Areas designated as LOW traffic will be maintained as follows:
Once a year using a truck mount hot water extractor.
4. Pile lifting and spot cleaning of each area every time that area is scheduled for
maintenance.
5. Provide upholstery cleaning on an “as needed” basis.
The schedule of when the maintenance work will be executed within each traffic area will
be established through meetings between the City representative and the selected
bidder. The schedule will be provided yearly to the selected bidder and updated as
changes occur. When the crystallization/encapsulation method (mist and scrub) is used
it will substitute for the next scheduled hot water extraction.
Carpet Information
The carpet throughout the various buildings incorporates 100% nylon fibers in both loop and cut
pile textures of various pile heights. The carpet is directly glued to the subfloors and is found in
carpet tiles and broadlooms.
The carpet manufacturers have approved the maintenance methods specified in this Bid
Request package as being acceptable procedures for maintaining carpet qualities.
Cleaning Materials to Be Used
Interim Cleaning Method(s)
Absorbent Compound Cleaning
A granular carrier is impregnated with dry solvent, detergent and moisture. After brush
distribution, using a GLS mechanical system, the carrier absorbs soil and both are
removed with dry vacuuming.
Crystallization/Encapsulation (Mist & Scrub) Cleaning Method
A GLS mechanical agitation system using crystal dry (or comparable) to mist and scrub
the carpet. A Crystallization/Encapsulation method encapsulates soils which dry to a
crystalline form that is vacuumed up. It is to be periodically used in the extra high, high
and medium traffic areas.
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Deep Cleaning Method
Hot Water Extraction Method
The following types of Chemicals are to be used for the pre-cleaning of carpets before
hot water (only) extraction cleaning is completed:
Carpet Pre-conditioners / Traffic lane cleaners
Extraction Detergent / Rinsing agents
NOTE: All carpet cleaning chemicals used on this project must be Green Seal GS-37 certified
for General Purpose, Bathroom, Glass and Carpet Cleaners used for Industrial and Institutional
Purposes or certified through Environmental Choice CCD-148, for carpet and upholstery care.
Cleaning Procedures
ABSORBENT COMPOUND CLEANING
1. Clear the area of chairs and small furnishings.
2. Vacuum the entire area with the recommended equipment.
3. Damp pile-lift heavily soiled and heavily trafficked areas using pre-spray designed
specifically for absorbent compound being used.
4. Spot clean entire area using appropriate spotting techniques.
5. Apply absorbent compound using care to apply no more material than is necessary
to clean the carpet.
6. Brush material in making multiple passes across carpeting surface in opposing
directions.
7. After the absorbent compound has dried vacuum area thoroughly taking care to
leave no residues behind.
CRYSTALLIZATION/ENCAPSULATION CLEANING METHOD (MIST AND SCRUB)
1. Clear the area of chairs and small furnishings.
2. Pile lift heavily soiled and heavily trafficked areas.
3. Vacuum the entire area with the recommended equipment.
4. Spot clean entire area using appropriate spotting techniques.
5. Apply crystalline mist diluted.
6. Agitate with mechanical cylindrical brush such as Whittaker GLS 20.
HOT WATER EXTRACTION METHOD
1. Clear the area of chairs and small furnishings.
2. Pile lift heavily soiled and heavily trafficked areas.
3. Vacuum the entire area with the recommended equipment.
4. Spot clean entire area using appropriate spotting techniques.
5. Power spray the area with recommended cleaning agent.
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6. Agitate with RX20 Rotary Scrubber or comparable equipment in most heavily, soiled
and heavily trafficked areas.
7. Allow for appropriate chemical dwell time as recommended by chemical
manufacturer.
8. Extract the area with hot water using a scrub wand.
9. Additional pile lifting may be necessary in areas that still show signs of crushing.
10. Furniture that is put back in place should be blocked so that metal and wood do not
come in contact with the damp carpet.
NOTE: Security of building shall be maintained during cleaning process. The City requests
the use of a “prop n lock” (or comparable) to maintain security during hot water
extraction cleaning in a building.
Interim methods may not be used more than three (3) consecutive cleanings, in any
area type, prior to the deep-cleaning methodology being employed for a cleaning of
cleaning of an entire area. All low-traffic area cleanings must be accomplished using
deep-cleaning methodology.
Approved Equipment
VACUUMS
Windsor-Versamatic or equivalent commercial upright that utilizes:
A. Top fill retrieval airflow system
B. Dual motor commercial vacuum. One for the actual airflow and suction and
another separate motor to drive the nylon-bristle brush.
C. Filtration system (system refers to the combines effort of both the vacuum unit
and the containment system) should be capable of filtering at least 95% of dust
and contaminants to the.5 micron range.
Minimum specifications:
Total wattage: 900 minimum
Vacuum motor: 750 watt
Brush motor: 150 watt
Water lift: 69 inches
Air volume: 91 CFM
Sound Level: 65 dBA
Cable: 40 foot / 18 gauge
Bag Fill Locations: Top fill
Bag capacity: 300 cubic inches
Filtration System: Minimum 95% efficiency for dust and contaminants to .5
microns in size.
AGITATION EQUIPMENT
Model GLS-20(or comparable) as manufactured by the Whittaker Company. As
appropriate for the carpet to be cleaned.
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PILE LIFTER
Certified pile brush manufactured by Certified Equipment Company, Cleveland, Ohio
EXTRACTOR AND WATER HEATER
Steamway Powermatic Legacy 2100 or comparable that:
Has a minimum air flow vacuum of 325 cubic feet of air per minute and a minimum water
lift rate of 14 inches.
Extractor must be able to generate a minimum of 1500 psi.
231,000 BTU fuel oil heating system. Can attain and maintain solution temperatures up
to 250 degrees F at 2.1 gpm.
Bidder Qualifications
Bidders interested in submitting quotes must meet the following requirements:
1. Must currently be operating as a carpet maintenance business and be established and
operating as same for the past five (5) years.
2. Technicians to be IICRC Certified (Institute of Inspection, Cleaning, Restoration
Certification) in commercial carpet cleaning. Manager must have a minimum of 5 years
experience in commercial carpet maintenance and to be IICRC certified in multiple
disciplines such as upholstery, stain removal, etc.
3. Must have successfully completed a minimum of 10,000 square feet yearly using the
Crystallization/Encapsulation cleaning method (mist and scrub). (May substitute Milicare
experience).
4. Must have successfully completed a minimum of 20,000 square feet of maintenance
yearly using a truck mount hot water extractor. Has also completed restorative carpet
cleaning.
5. Must have successfully cleaned upholstered furniture and fabric dividers in a commercial
setting.
6. Must identify jobs where the bidder has used the crystallization/encapsulation method
(mist and scrub), where the truck mount hot water extraction technique was used and
where bidder has commercially cleaned upholstered furniture. Use exhibit B(included in
this Bid Request package) to indicate the job name, address, job site, name and
telephone number of person available to be contacted by the City representative
regarding job performance.
7. Must provide a list of all the equipment and cleaning chemicals to be used to maintain
the carpet as specified.
Submittal of Bids
Each bidder shall complete the following in submitting this Bid Request package.
1. THE BID FORM – 4 PAGES.
This is a separate form in Excel format and is available along with the bid document. Fill
out the 5 purple-colored boxes (all other cells are locked) with your price per square foot
BID 7444 Carpet Maintenance for Transfort Facilities Page 10 of 49
for each level and type of carpet cleaning. The form will calculate your cost for each
building for each level and type of cleaning. A grand total will appear in two areas at the
bottom of page 4.
Please print the Bid Form and send it along with Exhibit B and C to the Purchasing Dept,
P.O. Box 580, Fort Collins, CO 80522-0580.
2. EXHIBIT B - THE CARPET MAINTENANCE REFERENCE FORM
A. Indicate past jobs where the bidder has:
1. Completed 20,000 SF of carpet using the truck mount hot water extraction
method.
2. Completed 10,000 SF of carpet using the crystallization/encapsulation method
(mist and scrub),
3. Completed upholstery cleaning.
4. Completed modular carpet rotation.
B. Please include your response to the qualification requirements for your company
(page 11) and the requirements for the Manager and Technicians serving this
contract.
C. Submit a list of carpet equipment that will be used for this contract.
D. Please sign and include Company name.
3. EXHIBIT C – BID SHEET FOR UPHOLSTERY CLEANING.
Fill out as indicated and submit.
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Exhibit B – Bid Form
Please complete the Microsoft Excel spreadsheet which is attached as a separate
document. This form must be returned with the rest of the bid packet.
This is a separate form in Excel format and is available along with the bid document.
Fill out the 5 purple-colored boxes (all other cells are locked) with your price per square
foot for each level and type of carpet cleaning. The form will calculate your cost for each
building for each level and type of cleaning. A grand total will appear in two areas at the
bottom of page 4.
BID 7444 Carpet Maintenance for Transfort Facilities Page 12 of 49
Exhibit C – Carpet Maintenance Reference Form
The bidder has successfully used the CRYSTALLIZATION/ENCAPSULATION METHOD
(MIST AND SCRUB), HOT WATER EXTRACTION METHOD, UPHOLSTERY CLEANING
METHODS and MODULAR CARPET ROTATION, in the following carpet maintenance
accounts:
JOB NAME:
JOB SITE:
JOB ADDRESS:
CONTACT NAME:
TELEPHONE NUMBER:
TYPE OF CLEANING:
JOB NAME:
JOB SITE:
JOB ADDRESS:
CONTACT NAME:
TELEPHONE NUMBER:
TYPE OF CLEANING:
JOB NAME:
JOB SITE:
JOB ADDRESS:
CONTACT NAME:
TELEPHONE NUMBER:
TYPE OF CLEANING:
JOB NAME:
JOB SITE:
JOB ADDRESS:
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CONTACT NAME:
TELEPHONE NUMBER:
TYPE OF CLEANING:
JOB NAME:
JOB SITE:
JOB ADDRESS:
CONTACT NAME:
TELEPHONE NUMBER:
TYPE OF CLEANING:
Your response to the qualification requirements for your company (page 11) and the
requirements for the Manager and Technicians serving this contract are to be submitted along
with EXHIBIT B.
Signed: ___________________________________
Company name: ____________________________ Date: ____________________
BID 7444 Carpet Maintenance for Transfort Facilities Page 14 of 49
Exhibit D – Bid Sheet Upholstery Cleaning
1. Conference Room Chairs with Cloth Back.
Cost to upholstery clean 1 chair $___________
Cost (each) to upholstery clean 5 or more
chairs at one time in one building $___________
2. Desk Chair with Vinyl Back.
Cost to upholstery clean 1 chair $ ____________
Cost (each) to upholstery clean 5 or more
chairs at one time in one building.
$___________
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SUPPLEMENTARY CONDITIONS
1. WORK HOURS
All work shall commence after 8:00 p.m. Some buildings after 10:00 p.m. No work shall
be conducted without prior approval or authorization by the City Representative. The
City representative shall coordinate work with contractor and access cards or keys for
entrance to each site.
2. QUALIFICATION OF EMPLOYEES
All employees shall be physically able, capable and qualified in this type of work and
must have received IICRC certification in commercial cleaning and training in the use of
materials in the performance of their work assignment. Copies of IICRC certification
shall be provided prior to the issuance of the Notice to Proceed.
3. ACCESS TO CITY FACILITIES
Prior to beginning work under this Contract, the Service Provider must obtain a
background clearance using Colorado Data Base Investigations and/or Colorado Bureau
of Investigations-Crime Information Center. Also Service Provider must check for valid
documents through Homeland Security, Immigration and Custom Enforcement (ICE).
An appointment must be made by the Service Provider with Operations Services, City of
Fort Collins, 970-221-6610, for a City picture ID. The Service provider must bring a copy
of the CBI report for City records. The City may deny clearance to any person who:
Has an active criminal arrest warrant;
Has a felony arrest or conviction;
Has a drug-related misdemeanor or drug-related petty offensive conviction
Has a non-drug-related misdemeanor or a petty offensive conviction within the
past three (3) years;
Is a suspect in an active criminal investigation;
Was previously terminated from employment by the City of Fort Collins;
Is determined to be a threat to the safety of persons or property or to the
confidentiality of City information.
Operations Services shall provide the Service Provider with a picture identification tag
for all persons given clearance. Such identification tags shall be displayed, in an easily
seen manner, on all employees while working in City buildings. Identification tags and
access fobs shall immediately be returned to the City Representative when the
employee no longer works for the Service Provider in City Buildings. Any Service
Provider employee without a properly displayed identification card is subject to
immediate eviction from the City Building. The Service Provider shall provide the City
with a current and complete list of the names, I.D. card numbers, address and telephone
numbers of all Service Provider personnel providing services under this agreement. The
Service Provider shall keep this list current and shall immediately inform the City of all
personnel changes.
4. BUILDING SECURITY
The Contractor will assign a member of their staff to be responsible for locking all
exterior doors upon completion of their work each day. Only Contractor employees
assigned to the building are authorized in the building. Rooms, which are locked, will be
relocked after cleaning them. A Prop-N-Lock (prop-n-lock.com) door locking device (or
comparable) must be used by the technician to secure the exterior of the building while
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using a truck mount unit to clean inside the building. Police Services requires an internal
extractor unit to fulfill the cleaning requirements.
5. CONDUCT OF WORK
A. Quality cleaning to the satisfaction of the City Representative will be required.
B. Contractor’s employees shall conduct themselves in a professional way. They
shall not disturb any personal or City property.
C. Any damage to office equipment, furniture, walls, carpet and floors, caused by
the Contractor’s employees in the execution of their work shall be the
Contractor’s responsibility and expense to repair or replace. Any damage to the
plumbing system caused by improper or unauthorized use or disposal of
chemicals or acids which result in repair or replacement of damaged piping or
plumbing shall be at the Contractor’s expense.
D. The Operations Services Department will issue fob access and keys. Any lost or
additional keys will be charged to the Contractor, along with any cost associated
with the need to rekey locks, this will also apply if the keys are given to
unauthorized people. Fob accesses need to be reported immediately so they
can be deleted to prevent unauthorized use.
E. Security alarms must be disarmed and armed using the correct procedures. $50
will be charged each time the Police are dispatched because the Contractor has
set off the alarm.
6. INSPECTION OF SERVICES
The Contractor shall provide and maintain an inspection system covering the services
under this contract to ensure services are performed in a quality manner.
7. SERVICE PERFORMANCE
A. The City has the right to inspect and reject any work that is unsatisfactory.
B. If any of the services do not conform to contract requirements, the City may
require the Contractor to perform the services again in conformity with contract
requirements, at no increase in contract amount. When the defects in services
can not be corrected by reperformance, the City may (1) require the Contractor to
take necessary action to ensure that future performance conforms to contract
requirements and (2) reduce payment to reflect the reduced value of the services
performed.
8. LOST AND FOUND ARTICLES
The Contractor shall insure that all articles found in the building by his/her employees
while performing duties under this contract are handled as specified for each building.
9. INTERFERENCE WITH BUSINESS
The Contractor shall schedule his work in coordination with the City’s representative so
as to cause a minimum of interference with City business. Any work which the
Contractor deems necessary to be performed on Saturdays, Sundays, or legal holidays
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shall be approved by the City’s representative and City meetings conflict with cleaning
tasks, the Contractor shall reschedule these tasks to assure that the cleaning will be
completed before 8:00 a.m. the next working day.
10. ACCIDENT PREVENTION AND SAFETY REQUIREMENTS
A. The Contractor shall use prudent safety precautions for protection of the life and
health of his/her employees and other persons, to prevent damage to property,
materials, supplies, and equipment, and to avoid work interruptions in the
performance of this contract. Contractor shall also take or cause to be taken
such additional measures as the City’s representative may determine to be
reasonably necessary.
B. The Contractor shall submit a detailed report within 8 hours to the Directors of
General Services on all accidents resulting in death, serious injury or damage to
property, materials, supplies, and equipment incidental to work performed under
this Contract. All accidents and minor injuries shall be reported to the City’s
representative within a reasonable time.
11. UTILITIES: Power, Water and Lights
A. City shall supply electric power and water without charge to the Contractor.
B. Contractor shall use these utilities as needed but without waste and lights will be
turned off in areas as cleaning is completed.
12. SUPPLIES AND MATERIALS
A. The Contractor shall supply all materials and supplies to perform this contract.
B. The Contractor shall provide and use fans to dry any carpeted area after cleaning
that will not be dry by the next business day. These fans will need to be picked
up before 8 AM the following day.
C. Whenever possible, the City prefers the use of effective, environmentally friendly
cleaning chemicals.
1. The PH of all chemicals must be under 10.
2. The chemicals should not contain optical brightners.
3. The chemicals should be anionic.
4. The chemicals should be phosphate free.
D. A Material Safety Data Sheet, OSHA Form-20, shall be submitted to the City’s
representative for each chemical and/or solvent cleaning agent to be used in the
performance of this contract. The City Representative must approve all
chemicals prior to use in any City building.
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E. Cleaning materials shall be labeled to identify contents by its name and
manufacturer and/or brand designated and safety information. Cleaning
materials shall remain readily identifiable at all times by preserving the original
label on the material package. Cleaning materials shall not be removed from one
container and placed in a container not identified as the exact same material.
13. COMMUNICATIONS
All complaints, requests, information, etc, between the Contractor and the City’s
representative is to be in person or by phone or fax message or via email. The
contractor will fax or leave a phone message for the City Representative before 10:00
a.m. stating all areas that were cleaned the previous evening. The City will also keep a
logbook of the action and the response for proper evaluation of consistency of
performance by the Contractor.
14. CHANGES IN WORK REQUIREMENTS
During the contract period or its extension, the City may at any time delete or add
carpeted areas or buildings from this scope of work as the City, in its sole discretion,
deems necessary or appropriate. The contract sum shall be adjusted by such deletions
or additions on a pro rata basis.
BID 7444 Carpet Maintenance for Transfort Facilities Page 19 of 49
Exhibit E – Sample Services Agreement
SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in
accordance with the scope of services attached hereto as Exhibit "A", consisting of
( ) page and incorporated herein by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as
Exhibit "B", consisting of ( ) page , and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated within ( ) days following
execution of this Agreement. Services shall be completed no later than . Time is of the
essence. Any extensions of the time limit set forth above must be agreed upon in a writing
signed by the parties.
4. Contract Period. [Option 1] This Agreement shall commence upon the date of
execution shown on the signature page of this Agreement and shall continue in full force and
effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of
the City, the Agreement may be extended for an additional period of one (1) year at the rates
provided with written notice to the Professional mailed no later than ninety (90) days prior to
contract end.
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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 ninety (90) days prior to contract end.
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 its fault or
negligence, then the party so prevented shall be excused from whatever performance is
prevented by such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days from
the onset of such condition. [Early Termination clause here as an option
7. Early Termination by City/Notice. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following addresses:
City:
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
Copy to:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
Service Provider:
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
BID 7444 Carpet Maintenance for Transfort Facilities Page 21 of 49
right and remedy for such termination.
8. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit " ",
consisting of page , and incorporated herein by this reference.
9. City Representative. The City will designate, prior to commencement of the
work, its representative who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the services provided under this agreement. All requests
concerning this agreement shall be directed to the City Representative.
10. Independent Service provider. The services to be performed by Service Provider
are those of an independent service provider and not of an employee of the City of Fort Collins.
The City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for
any other purpose.
11. 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.
12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for
any of the services shall not be construed to operate as a waiver of any rights or benefits
provided to the City under this Agreement or cause of action arising out of performance of this
Agreement.
13. 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.
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b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of
their respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship for a
period beginning with the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were furnished or performed by
Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from
City of any such defect or nonconformances, the affected item or part thereof shall be
redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to
City.
14. 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.
15. 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.
16. 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,
BID 7444 Carpet Maintenance for Transfort Facilities Page 23 of 49
personal representatives, successors and assigns of said parties.
17. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its
officers, agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection with the
performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the
work hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the
Service Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within Exhibit
, 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.
18. 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.
19. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
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a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created
in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland Security
(the “e-Verify Program”) or the Department Program (the “Department Program”), an
employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in
order to confirm the employment eligibility of all newly hired employees to perform work under
this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider
has actual knowledge that the subcontractor is employing or contracting with an illegal alien;
and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall not terminate
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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.
21. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting
of ( ) pages, attached hereto and incorporated herein by this reference.
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By:_______________________________
__________________________________
PRINT NAME
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
ATTEST: (Corporate Seal)
_____________________________
CORPORATE SECRETARY
BID 7444 Carpet Maintenance for Transfort Facilities Page 27 of 49
EXHIBIT “ ”
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 7444 Carpet Maintenance for Transfort Facilities Page 28 of 49
Exhibit F – Federal Contract Requirements
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federally Required and Other Model Contract Clauses
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES .................................... 29
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND
RELATED ACTS .................................................................................................. 29
3. ACCESS TO RECORDS AND REPORTS .......................................................... 29
4. FEDERAL CHANGES .......................................................................................... 30
5. TERMINATION .................................................................................................... 31
6. CIVIL RIGHTS REQUIREMENTS ........................................................................ 32
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ......................................... 33
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS 34
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
(NONPROCUREMENT) ...................................................................................... 34
10. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ........................ 35
11. ENERGY CONSERVATION REQUIREMENTS .................................................. 36
12. RECYCLED PRODUCTS .................................................................................... 37
13. ADA Access ......................................................................................................... 37
14. CITY OF FORT COLLINS BID PROTEST PROCEDURES ................................. 37
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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 7444 Carpet Maintenance for Transfort Facilities Page 30 of 49
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
Operational
Service
Contract
Turnkey Construction Architectural
Engineering
Acquisition
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
5307/5309/531
1
None
None unless
non-
competitive
award
None
None unless
non-
BID 7444 Carpet Maintenance for Transfort Facilities Page 31 of 49
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
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
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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.
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
BID 7444 Carpet Maintenance for Transfort Facilities Page 33 of 49
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
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 _9.9_ %. A separate contract goal has not been established for
this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other
remedy as City of Fort Collins deems appropriate. Each subcontract the contractor
signs with a subcontractor must include the assurance in this paragraph (see 49 CFR
26.13(b)).
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
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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
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)
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they propose to contract or subcontract with is not excluded or disqualified. They do this
by (a) Checking the Excluded Parties List System, (b) Collecting a certification
from that person, or (c) Adding a clause or condition to the contract or
subcontract. This represents a change from prior practice in that certification
is still acceptable but is no longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions
also must require the entities they contract with to comply with 49 CFR 29,
subpart C and include this requirement in their own subsequent covered
transactions (i.e., the requirement flows down to subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional
method of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such,
the contractor is required to verify that none of the contractor, its principals, as
defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded
or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include
the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered
transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by {insert
agency name}. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to {insert agency name}, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
10. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Background and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq.
The Act applies to grantee contracts and subcontracts “financed at least in part by loans or
grants from … the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR
5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any
construction contract over $2,000 or non-construction contract to which the Act applied
over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no
longer applies to any “contract in an amount that is not greater than $100,000.” 40 USC
3701(b)(3) (A)(iii).
The Act applies to construction contracts and, in very limited circumstances, non-
construction projects that employ “laborers or mechanics on a public work.” These non-
construction applications do not generally apply to transit procurements because transit
procurements (to include rail cars and buses) are deemed “commercial items.” 40 USC
3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a
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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
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.
11. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plan issued in compliance with the Energy Policy and Conservation Act.
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12. RECYCLED PRODUCTS
Recovered Materials - The contractor agrees to comply with all the requirements of
Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42
U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247,
and Executive Order 12873, as they apply to the procurement of the items designated in
Subpart B of 40 CFR Part 247.
13. ADA Access
Accessibility. Facilities to be used in public transportation service must comply with 42
U.S.C. Sections 12101 et seq. and DOT regulations, “Transportation Services for
Individuals with Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations,
“Americans with Disabilities (ADA) Accessibility Specifications for Transportation
Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by
reference the ATBCB’s “Americans with Disabilities Act Accessibility Guidelines”
(ADAAG), revised July 2004, which include accessibility guidelines for buildings and
facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added
specific provisions to Appendix A modifying the ADAAG, with the result that buildings and
facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49
CFR Part 37.
14. 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 7444
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BUILDING STATISTICS & FLOOR PLANS
South Transit Center
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Main Transit Center
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Transfort Cottage
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Transfort Portner Road Building
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competitive
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)
4. FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA