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HomeMy WebLinkAbout597688 A R C INC - CONTRACT - RFP - 8625 CUSTODIAL SERVICES FOR TRANSFORT FACILITIESOfficial Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 1 of 49 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 A.R.C., INCORPORATED, 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 nineteen (19) page(s) and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence upon contract execution and shall continue in full force and effect until December 31, 2018, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained 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: Service Provider: City: Copy to: A.R.C., Incorporated Attn: Jeremy Lowdermilk 1821 E. Mulberry Fort Collins, CO 80524 City of Fort Collins Attn: Jim Pierce 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 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 2 of 49 rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, Fifty-eight Thousand Two Hundred Thirty Dollars and Nine Cents ($58,230.09) as per the attached Exhibit "B", consisting of six ( 6 ) page(s), and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. 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 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. 9. 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. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 3 of 49 highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 4 of 49 under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/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. 18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. 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 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 5 of 49 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of one (1) page, and Exhibit E – Federal Terms and Conditions, consisting of sixteen (16) pages, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 6 of 49 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: A.R.C., INCORPORATED By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 President Jeremy Lowdermilk 1/11/2018 Assistant City Attorney 1/11/2018 City Clerk Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 7 of 49 EXHIBIT A SCOPE OF SERVICES Item E --- Staffing Commitment Building: South Transit Center FT PT Nightly Hours Weekly Hours Manager 1 1.0 Supervisor 1 1.5 Lead 1 1.5 9 Cleaner 1 Cleaner 2 Cleaner 3 Day Porter` 1 1 6.0 Floor Tech Totals 4 2.50 17.5 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 8 of 49 Building: Transfort & Shop FT PT Nightly Hours Weekly Hours Manager 1 1.0 Supervisor 1 1.5 Lead 1 2.0 10 Cleaner 1 Cleaner 2 Cleaner 3 Day Porter Floor Tech Totals 3 2.0 12.5 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 9 of 49 Building: Transfort Cottage FT PT Nightly Hours Weekly Hours Manager 1 0.5 Supervisor 1 0.75 Lead 1 1 5.0 Cleaner 1 Cleaner 2 Cleaner 3 Day Porter Floor Tech Totals 3 1 6.25 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 10 of 49 Building: Downtown Transit Center FT PT Nightly Hours Weekly Hours Manager 1 1.0 Supervisor 1 1.5 Lead 1 2.5 15 Cleaner 1 Cleaner 2 Cleaner 3 Day Porter 1 1.0 6 Floor Tech Totals 4 3.50 23.5 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 11 of 49 Item F --- Recommended Service Program TRANSFORT & COTTAGE 6570 Portner Rd. DAILY SERVICES (5 Times a Week) Entrance and Lobby Clean entry doorways, glass, handles, kick plates and adjacent glass Remove waste from receptacles and replace liners if torn or soiled. Spot vacuum carpeted areas. Sweep/vacuum and wet mop hard surface floors. Hallways and Corridors Remove waste from receptacles and replace liners if torn or soiled. Clean drinking fountains, remove any hard water deposits. Dust mop/vacuum and damp mop hard floor surfaces. Spot vacuum carpeted areas. Restrooms Restock supplies Empty waste containers and replace liners. Clean mirrors, countertops, sinks and fixtures. Clean toilets and urinals (including seats, base, flush valves) Sweep and damp mop floors. Custodial Closet Rinse clean all mop buckets – do not leave standing water in buckets. Organize equipment and supplies Place soiled cleaning towels in bin Offices and Cubicles Spot Vacuum carpeted areas. Multipurpose Conference Rooms Remove waste from receptacles and replace liners if torn or soiled. Spot clean cleared table tops, (not tables stacked or stored) DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 12 of 49 Spot Vacuum carpeted areas. Break Areas Restock supplies Empty waste containers and replace liners Clean countertops, table tops, sinks, fixtures /free of food/ dishes etc. Sweep and damp mop floors. WEEKLY SERVICES Entrance and Lobby Dust horizontal surfaces 8’ and under (including window sills and baseboards). Do not move or cause to be moved any items. Detail vacuum carpeted areas. Hallways and Corridors Clean outside surfaces of waste receptacles. Detail vacuum carpeted areas. Restrooms Clean outside surfaces of waste receptacles. Dust partitions and horizontal surfaces. Pour water down drain. Custodial Closet Clean custodial sink. Sweep and damp mop floors. Offices and Cubicles Remove waste from receptacles and replace liners if torn or soiled. Detail Vacuum carpeted areas. Dust or clean open areas on desk and furniture. Multipurpose Conference Rooms Detail Vacuum carpeted areas. Break Areas Clean outside surfaces of waste receptacles. DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 13 of 49 MONTHLY SERVICES Entrance and Lobby Remove cobwebs on walls/ceiling Restrooms Remove cobwebs on walls/ceiling Scrub hard surface floors. Custodial Closet Maintain SDS Book DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 14 of 49 TRANSFORT SHOP 6570 Portner Rd. DAILY SERVICES (5 Times a Week) Shop Counter Area Remove waste from receptacles and replace liners if torn or soiled. Vacuum carpeted area rugs. Sweep/vacuum and wet mop hard surface floors. Hallways and Corridors Dust mop/vacuum and damp mop hard floor surfaces. Vacuum carpeted area rugs. Restrooms Restock supplies Empty waste containers and replace liners. Clean mirrors, countertops, sinks and fixtures. Clean toilets and urinals (including sets, base, flush valves) Sweep and damp mop floors. Custodial Closet Rinse clean all mop buckets – do not leave standing water in buckets. Organize equipment and supplies Place soiled cleaning towels in bin Offices and Cubicles Spot Vacuum carpeted areas. Break Areas Restock supplies Empty waste containers and replace liners Clean countertops, table tops, sinks, fixtures /free of food/ dishes etc. Sweep and damp mop floors. DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 15 of 49 WEEKLY SERVICES Restrooms Clean outside surfaces of waste receptacles. Dust partitions and horizontal surfaces. Pour water down drain. Custodial Closet Clean custodial sink. Sweep and damp mop floors. Offices and Cubicles Remove waste from receptacles and replace liners if torn or soiled. Detail Vacuum carpeted areas. Multipurpose Conference Rooms Detail Vacuum carpeted areas. Break Areas Clean outside surfaces of waste receptacles. MONTHLY SERVICES Hallways and Corridors Scrub or buff hard surface floors Restrooms Remove cobwebs on walls/ceiling Scrub hard surface floors. Custodial Closet Maintain SDS Book Break Areas Scrub or buff hard surface floors DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 16 of 49 TRANSIT CENTERS Downtown and South DAILY SERVICES (6 Times a Week) Entrance and Lobby Clean entry doorways, glass, handles, kick plates and adjacent glass. Clean lobby tables. Remove waste from receptacles and replace liners if torn or soiled. Spot vacuum carpeted areas. Sweep/vacuum and wet mop hard surface floors. Hallways and Corridors Remove waste from receptacles and replace liners if torn or soiled. Clean drinking fountains, remove any hard water deposits. Dust mop/vacuum and damp mop hard floor surfaces. Spot vacuum carpeted areas. Restrooms Restock supplies Empty waste containers and replace liners. Clean mirrors, countertops, sinks and fixtures. Clean toilets and urinals (including seats, base, flush valves) Sweep and damp mop floors. Custodial Closet Rinse clean all mop buckets – do not leave standing water in buckets. Organize equipment and supplies Place soiled cleaning towels in bin. Offices and Cubicles Spot vacuum carpeted areas. Multipurpose Conference Rooms Remove waste from receptacles and replace liners if torn or soiled. Spot clean cleared table tops, (not tables stacked or stored) Spot Vacuum carpeted areas. DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 17 of 49 Break Areas Restock supplies Empty waste containers and replace liners Clean countertops, table tops, sinks, fixtures /free of food/ dishes etc. Sweep and damp mop floors. DAY PORTER STAFF (6 days a week) Restrooms Restock supplies Empty waste containers and replace liners. Clean mirrors, countertops, sinks and fixtures. Clean toilets and urinals (including seats, base, flush valves) Sweep and damp mop floors. Breakroom Restock supplies Empty waste containers and replace liners Lobby Spot clean lobby floors and door glass. WEEKLY SERVICES Entrance and Lobby Dust horizontal surfaces 8’ and under (including window sills and baseboards). Do not move or cause to be moved any items. Spot clean lobby table legs and chairs. Detail vacuum carpeted areas. Hallways and Corridors Clean outside surfaces of waste receptacles. Detail vacuum carpeted areas. Restrooms Clean outside surfaces of waste receptacles. Dust partitions and horizontal surfaces. Pour water down drain. DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 18 of 49 Custodial Closet Clean custodial sink. Sweep and damp mop floors. Offices and Cubicles Remove waste from receptacles and replace liners if torn or soiled. Detail Vacuum carpeted areas. Dust or clean open areas on desk and furniture. Multipurpose Conference Rooms Detail Vacuum carpeted areas. Clean outside surfaces of waste receptacles. Break Areas Clean outside surfaces of waste receptacles. MONTHLY SERVICES Entrance and Lobby Remove cobwebs on walls/ceiling Restrooms Remove cobwebs on walls/ceiling Scrub hard surface floors. Break Areas Scrub hard surface floors. Custodial Closet Maintain SDS Book DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 19 of 49 Item G – Productivity Standards Task Type of Carpeted Non-Carpeted Space sq/ft per hour sq/ft per hour Empty Trash All 30,000 30,000 Normal dust All 12,000 12,000 High Dust All 20,000 20,000 Low Dust All 12,000 12,000 Clean Toilet Restroom 2.5 Mins. Each Clean sink Restroom 1.0 Mins. Each Clean Urinal Restroom 2.25 Mins. Each Wipe Partitions Restroom 2.0 Mins per Stall Clean Fixtures Restroom/Break Area 2.5 Mins per Restock supplies Restrooms/Break Area 1.0 Mins. Per Dust Mop 24” Dust Mop 6,000 Dust Mop 36” Dust mop 12,000 Wet Mop (Bucket and Wringer) 6,000 Wet Mop (18” Flat Mop) 10,000 Vacuum (12” Upright) 2,300 Vacuum (14” Back Pack) 7,400 Detail Vacuum (14” Back Pack) 12,000 Clean glass doors Entry 5 Mins each 5 Mins each Spot Clean walls All 30,000 30,000 Machine Scrub Hard Floors 2,500 High Speed Burnish 6,000 Scrub and Recoat 1,800 Strip and Wax 1,200 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 20 of 49 Item H – Floor Care Plan INITIAL START UP We would need to assess every location and assign a numeric number as to the condition of the hard floors. We would use a 1-10 designation with a 1 being very good and a 10 being immediate attention required. After we have determined which buildings are in need of immediate attention, we would make a schedule and create work orders for these buildings in the appropriate order. Buildings that score an 8-10 would be addresses first with full intentions of completing all necessary work on these floors within the first 30 days. All buildings that score a 4-7 would be addressed next and would be completed within 60 days of contract start up and all other buildings would be taken care within the first 90 days of contract start up. Any high usage floors that require more periodic service will still be scrubbed as needed during this initial protocol. If full strip and wax is needed on floors it will be done within this initial time frame. ON GOING MAINTENANCE It is our proposal to machine scrub ceramic tile and scrub and recoat VCT floors at minimum once a quarter. The higher usage areas will obviously need more attention than that. We currently have two full time crews dedicated to doing just floors and carpets in Northern Colorado. We can easily put the added work load on these two crews. Ideally we would like to try to separate the quarterly scrubs of floors into 3 equal parts, done over 3 months. But we would need to discuss with Larimer county personnel to finalize our decision. All periodic floor work will be reported to Larimer County when the work is completed. EQUIPMENT We currently have an array of floor equipment, that includes side by side floor machines, high speed burnishers, propane burnishers, and the necessary accessories to complete any floor job. We only use 25% solid floor finish on all finished floors. We also have Powr-Flite and Sanitaire portable spotting extractors. Only supervisors, assistant supervisors and trained floor crews are allowed to perform any carpet spotting. DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 21 of 49 Item I – Proposed Equipment BUILDING: Downtown Transit Center Address: 250 N Mason Type of Equipment Make/Model Quantity Back pack Vacuum Sanitaire/Powr-Flite 1 Upright Vacuum Bissell 1 Mop Bucket Impact 1 Angle Broom Big Quik 1 Dust Mop Golden Star 1 5 Gallon Chemical Mix Tanks Impact 2 Micro Fibre Rags Impact 24 Feather Duster Impact 1 44 Gallon Brute with dolly Impact 1 Vinyl Caddy for 44 Gal Brute Impact 1 14” Squeegee and Applicator Ettore 1 Mop Handle and Mop Heads Zephyr 1 Lobby Dust Pan Impact 1 Lambsool Extension Duster Impact 1 32-OZ Spay Bottles and Sprayers Impact/Tolco 2 Glass Cleaner for mix Tanks Lynx Lab 1 Neutral Disinfectant for Tanks Lynx Lab 1 Neutral Floor Cleaner Lynx 1 Degreaser Lynx 1 Stainless Steel Polish Lynx/Dymon 1 Non Acid Bathroom Cleaner Lynx 2 Magic Erasers Magic Erasers 2 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 22 of 49 BUILDING: South Transit Center Address: 4915 Fossil Blvd Type of Equipment Make/Model Quantity Back pack Vacuum Sanitaire/Powr-Flite 1 Upright Vacuum Bissell 1 Mop Bucket Impact 1 Angle Broom Big Quik 1 Dust Mop Golden Star 1 5 Gallon Chemical Mix Tanks Impact 2 Micro Fibre Rags Impact 24 Feather Duster Impact 1 44 Gallon Brute with dolly Impact 1 Vinyl Caddy for 44 Gal Brute Impact 1 14” Squeegee and Applicator Ettore 1 Mop Handle and Mop Heads Zephyr 1 Lobby Dust Pan Impact 1 Lambsool Extension Duster Impact 1 32-OZ Spay Bottles and Sprayers Impact/Tolco 2 Glass Cleaner for mix Tanks Lynx Lab 1 Neutral Disinfectant for Tanks Lynx Lab 1 Neutral Floor Cleaner Lynx 1 Degreaser Lynx 1 Stainless Steel Polish Lynx/Dymon 1 Non Acid Bathroom Cleaner Lynx 2 Magic Erasers Magic Erasers 2 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 23 of 49 BUILDING: Transfort and Shop Address: 250 N Mason Type of Equipment Make/Model Quantity Back pack Vacuum Sanitaire/Powr-Flite 1 Upright Vacuum Bissell 1 Mop Bucket Impact 1 Angle Broom Big Quik 1 Dust Mop Golden Star 1 5 Gallon Chemical Mix Tanks Impact 2 Micro Fibre Rags Impact 24 Feather Duster Impact 1 44 Gallon Brute with dolly Impact 1 Vinyl Caddy for 44 Gal Brute Impact 1 14” Squeegee and Applicator Ettore 1 Mop Handle and Mop Heads Zephyr 1 Lobby Dust Pan Impact 1 Lambsool Extension Duster Impact 1 32-OZ Spay Bottles and Sprayers Impact/Tolco 2 Glass Cleaner for mix Tanks Lynx Lab 1 Neutral Disinfectant for Tanks Lynx Lab 1 Neutral Floor Cleaner Lynx 1 Degreaser Lynx 1 Stainless Steel Polish Lynx/Dymon 1 Non Acid Bathroom Cleaner Lynx 2 Magic Erasers Magic Erasers 2 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 24 of 49 BUILDING: Transfort Cottage Address: 6570 Portner Rd Type of Equipment Make/Model Quantity Upright Vacuum Bissell 1 18” Flat Mop and Bucket Impact 1 Angle Broom Big Quik 1 2.5 Gallon Chemical Mix Tanks Impact 2 Micro Fibre Rags Impact 2 Feather Duster Impact 1 33 Gallon Brute with dolly Impact 1 Vinyl Caddy for 33 Gal Brute Impact 1 14” Squeegee and Applicator Ettore 1 Lambsool Extension Duster Impact 1 32-OZ Spay Bottles and Sprayers Impact/Tolco 2 Glass Cleaner for mix Tanks Lynx Lab 1 Neutral Disinfectant for Tanks Lynx Lab 1 Neutral Floor Cleaner Lynx 1 Degreaser Lynx 1 Stainless Steel Polish Lynx/Dymon 1 Non Acid Bathroom Cleaner Lynx 2 Magic Erasers Magic Erasers 2 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 25 of 49 Item J – Summary Information 1. Total Cleanable Square feet ---- 14,010 2. Total Daily Cleaner Staff Hours ---- 10.50 3. Daily Porter/Matron Hours ---- 2.00 4. Daily Supervisor Hours ---- 1.0 5. Total all Daily Labor Hours --- 14.0 6. Number of Cleaners ---- 3 7. Number of Supervisors ---- 1 8. Labor Productivity Item 1/Item 2 = 1334.3 9. Supervisor Ratio People = Item 5/Item 6 = 4.67 Hours = Item 2/Item 3 =4.20 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 26 of 49 EXHIBIT B (BID SCHEDULE/COMPENSATION) Schedule 1 --- Consumable Supplies Item Unit Cost Estimated Monthly Usage Toilet Paper – Jr. Jumbo $29.00 2.5 Toilet Paper – Small Rolls $34.80 2.5 Paper Towels – Coramatic $55.00 5 Hand Soap – Gallons $7.25 2 Shower Soap – Gallons $13.99 0 24x24 Liner $32.21 1 24x33 Liner $30.52 0.5 33x40 Liner $23.23 0.25 40x46 Liner $28.94 2 Toilet Seat Liners $20.08 1 Feminine Napkin Liners $16.80 0.25 Total Monthly Cost -- $584.44 Total Yearly Cost -- $7,013.28 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 27 of 49 Schedule 2 --- Direct Staffing Expense DAY STAFF (Mon – Fri) Position # of People Labor Rate/Hr Annual Hours Monthly Cost Day Porter 1 $18.43 520 $798.63 Supervisor and Manager already figured into my hourly labor rate NIGHT STAFF (Mon – Fri) Position # of People Labor Rate/Hr Annual Hours Monthly Cost Cleaner 2 $18.43 1820 $2,795.22 Supervisor and Manager already figured into my hourly labor rate WEEKEND STAFF Position # of People Labor Rate/Hr Annual Hours Monthly Cost Cleaner 1 $18.43 208 $319.45 Day Porter 1 $18.43 104 $159.73 Supervisor and Manager already figured into my hourly labor rate AFTER HOURS/EMERGENCY All After hours or emergency work will be on an additional hourly rate. SUMMARY OF TOTAL STAFF Position # of People Labor Rate/Hr Annual Hours Monthly Cost Cleaner 3 $18.43 2028 $3,114.67 Day Porter 2 $18.43 624 $958.36 Supervisor and Manager already figured into my hourly labor rate DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 28 of 49 Schedule 3 – Summary Price Proposal*** Position # of People Annual Hours Annual Cost Monthly Cost % Cleaner 3 2028 $35,449.44 $2,954.12 72.1 Day Porter 2 624 $10,907.52 $908.96 22.2 Supervisor 1 273 $1,511.64 $125.97 3.4 Manager 1 182 $1,007.76 $83.98 2.3 TOTAL 7 3549 $48,876.36 $4,317.97 100% *** This is the summary taking out the portion of my hourly rate for management and showing the amount I have for them. Other Direct Expenses Annual Cost Monthly Cost % Consumables $7,013.28 $584.44 75.0 Equipment** $1,200.00 $100.00 12.8 Supplies** $1,140.45 $95.04 12.2 TOTAL $9,353.73 $779.48 100.0 ** Equipment and supplies are already calculated into hourly wages DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 29 of 49 Schedule 4 – Price Review Total Annual Cost ---- $55,889.64 Dollar Value of Credit Hours Supervisor --- $24.98 Cleaner --- $18.43 Cost per Square Foot = $3.99 EXTRA WORK PRICE COMMITMENT Construction Remodel Clean-up (Inside) ---$23.00 per hour Normal Clean-up off hours ---$21.14 per hour Extra work scheduled during normal work hours --- $18.43 per hour 24 hr call for Blood/Bodily Fluid Cleanup (1 hr. minimum) ---- $35.00 per hour Floor finishing new VCT --- $25.00 per hour DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 30 of 49 2017 Building Information Summary ID# Map Building Location Cleanable Week Cleaning Yearly SF Freq Time Price 24 A Transfort 6570 Portner Rd 4,498 5 TBD* $9,583.60 12 A Cottage 6570 Portner Rd 1,137 5 TBD* $4,791.80 51 B Transit Center 250 N. Mason 5,008 6 7pm – 8am**$20,125.56 2 A South Transit 4915 Fossil Blvd 3,367 6 7pm – 8am**$14,375.40 Total Square Feet 14,010 Total Yearly Price*** $48,876.36 * As per addendum clean times will be negotiated upon contract acceptance ** Day porter/matron service 6 days a week *** Does not include cost of consumables ($7,013.28/Year) DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 31 of 49 PROPOSAL ACKNOWLEDGEMENT Consultant hereby acknowledges receipt of the City of Fort Collins Utilities’ Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, the Consultant hereby makes the following representations to Utilities. a. All of the statements and representations made in this proposal are true to the best of the consultant’s knowledge and belief. b. The Consultant has obtained all necessary authorizations and approvals that will enable the Consultant to commit to the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 180 days from the date hereof. d. I further agree that the method of award is acceptable to my company. e. I also agree to complete the proposed Agreements with the City of Fort Collins within 30 days of notice of award. f. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest firm. g. I acknowledge receipt of 1 Addenda. Consultant Firm Name: A.R.C., Incorporated Physical Address: 1821 E. Mulberry Ft. Collins, CO. 80524 Remit to Address: 1821 E. Mulberry Ft. Collins, CO. 80524 Phone: (970) 226-3629 Authorized Agent of Firm Name: Jeremy Lowdermilk Signature of Authorized Agent: Jeremy Lowdermilk Primary Contact for Project: Jeremy Lowdermilk Title: President Email address: Jeremy.lowdermilk@gmail.com Phone: 970-226-3629 Cell Phone: 970-481-7460 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 32 of 49 EXHIBIT C INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) 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 $1,000,000 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. DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 33 of 49 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider 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 Service Provider has agreed to perform, the Service Provider 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 Service Provider 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 Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider 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 Service Provider 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 Service Provider 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 Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider 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 Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’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. DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 34 of 49 EXHIBIT E FEDERAL TERMS & CONDITIONS 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES Applicability to Contracts Applicable to all contracts. Flow Down Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent. Model Clause/Language While no specific language is required, FTA has developed the following language. 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. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307) Applicability to Contracts These requirements are applicable to all contracts. Flow Down These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements. Model Clause/Language These requirements have no specified language, so FTA proffers the following language. 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 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 35 of 49 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 (49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17) Applicability to Contracts Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Flow Down FTA does not require the inclusion of these requirements in subcontracts. Model Clause/Language The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the 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. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 36 of 49 FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. 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 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 37 of 49 3 18 CFR 18.36 (i) 4. FEDERAL CHANGES (49 CFR Part 18) Applicability to Contracts The Federal Changes requirement applies to all contracts. Flow Down The Federal Changes requirement flows down appropriately to each applicable changed requirement. Model Clause/Language No specific language is mandated. The following language has been developed by FTA. 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. CIVIL RIGHTS REQUIREMENTS (29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.) Applicability to Contracts The Civil Rights Requirements apply to all contracts. Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model Clause/Language The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has shortened the lengthy text. 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, DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 38 of 49 "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 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. 6. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (FTA Circular 4220.1E) Applicability to Contracts The incorporation of FTA terms applies to all contracts. Flow Down The incorporation of FTA terms has unlimited flow down. Model Clause/Language FTA has developed the following incorporation of terms language: 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 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 39 of 49 (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 7. ENERGY CONSERVATION REQUIREMENTS (42 U.S.C. 6321 et seq. 49 CFR Part 18) Applicability to Contracts The Energy Conservation requirements are applicable to all contracts. Flow Down The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. Model Clause/Language No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state energy conservation plan. The following language has been developed by FTA: 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. 8. TERMINATION (49 U.S.C. Part 18 FTA Circular 4220.1E) Applicability to Contracts All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Flow Down The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. Model Clause/Language FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts: 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. DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 40 of 49 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 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. DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 41 of 49 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. 9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as “covered transactions.” Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Fort Collins, 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 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 42 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. BREACHES AND DISPUTE RESOLUTION (49 CFR Part 18FTA Circular 4220.1E) Applicability to Contracts All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Flow Down The Breaches and Dispute Resolutions requirements flow down to all tiers. Model Clauses/Language FTA does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FTA third party contracts. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 43 of 49 11. LOBBYING (31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20) Applicability to Contracts The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts. Flow Down The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti- Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7. Mandatory Clause/Language Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non- Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 44 of 49 The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, ________________ ___, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. __________________________ Signature of Contractor's Authorized Official __________________________ Name and Title of Contractor's Authorized Official ___________________________ Date DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 45 of 49 12. CLEAN AIR (42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18) Applicability to Contracts The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year. Flow Down The Clean Air requirements flow down to all subcontracts which exceed $100,000. Model Clauses/Language No specific language is required. FTA has proposed the following language. Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 13. CLEAN WATER REQUIREMENTS (33 U.S.C. 1251) Applicability to Contracts The Clean Water requirements apply to each contract and subcontract which exceeds $100,000. Flow Down The Clean Water requirements flow down to FTA recipients and subrecipients at every tier. Model Clause/Language While no mandatory clause is contained in the Federal Water Pollution Control Act, as amended, the following language developed by FTA contains all the mandatory requirements: Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 14. CIVIL RIGHTS REQUIREMENTS (29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.) Applicability to Contracts The Civil Rights Requirements apply to all contracts. DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 46 of 49 Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model Clause/Language The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has shortened the lengthy text. 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. DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 47 of 49 (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. (d) Special DOL EEO Clause - In addition to the foregoing, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to comply, and assures that each Third Party Participant will comply, with: (a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b) Executive Order 11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, “Amending Executive Order 11246, Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note. (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. 15. DISADVANTAGED BUSINESS ENTERPRISE (DBE) (49 CFR Part 26) Background and Applicability The newest version on the Department of Transportation’s Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not. The DBE program applies to all DOT-assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro-purchase level. The requirements of clause subsection b flow down to subcontracts. A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d. Clause Language The following clause language is suggested, not mandatory. It incorporates the payment terms and conditions applicable to all subcontractors based in Part 26 as well as those related only to DBE subcontractors. The suggested language allows for the options available to grantees concerning retainage, specific contract goals, and evaluation of DBE subcontracting participation when specific contract goals have been established. DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 48 of 49 Disadvantaged Business Enterprises 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 5 %. A contract goal of N/A % DBE participation has 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 the 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. 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: 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 must present the information required above as a matter of responsiveness (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 and 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. e. The contractor must promptly notify the 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 the City of Fort Collins. DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 Official Purchasing Document Last updated 10/2017 Services Agreement 8625 Custodial Services for Transfort Facilities Page 49 of 49 16. RECYCLED PRODUCTS (42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873) Applicability to Contracts The Recycled Products requirements apply to all contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the fiscal year, or has procured $10,000 or more of such items in the previous fiscal year, using Federal funds. New requirements for "recovered materials" will become effective May 1, 1996. These new regulations apply to all procurement actions involving items designated by the EPA, where the procuring agency purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000. Flow Down These requirements flow down to all to all contractor and subcontractor tiers. Model Clause/Language No specific clause is mandated, but FTA has developed the following language. 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. 17. 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 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC JECT PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD VMATHIASON 01/05/2018 ARCINCO-01 A X61854 A X61854 B 4120133 A X61854 Prod. Comp/Ops 500,000 500,000 500,000 0 1,000,000 1,000,000 1,000,000 3,000,000 1,000,000 3,000,000 10,000 250,000 1,000,000 1,000,000 X X X X X X X X 02/01/2018 02/01/2019 02/01/2018 02/01/2019 02/01/2018 02/01/2019 02/01/2018 02/01/2019 If required by written contract, the City of Fort Collins is included as Additional Insured for ongoing operations under General Liability and Automobile Liability. PFS Insurance Group 4848 Thompson Parkway Suite 200 Johnstown, CO 80534 (970) 635-9400 (970) 635-9401 City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 A.R.C., Incorporated 1821 East Mulberry Street Fort Collins, CO 80524 Acuity Insurance Co. Pinnacol Assurance Co 14184 41190 X X valeriem@mypfsinsurance.com DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79 5307/5309/53 11 None None unless non- competitive award None None unless non- 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 DocuSign Envelope ID: 68E182FD-1FB1-429C-92E2-190986894C79