7430 Uniform Rental or Leasing - Fort Collins, Colorado

RFP 7430 Uniform Rental or Leasing Page 1 of 32

REQUEST FOR PROPOSAL 7430 UNIFORM RENTAL OR LEASING

The City of Fort Collins is requesting proposals from qualified firms to for the rental or leasing of employee uniforms for Transfort Bus and Fleet employees. Proposals may be submitted by E-mail in Microsoft Word or PDF format. E-mail submittals shall be e-mailed to: [email protected]. If submitting hard copy proposals, four (4) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), October 12, 2012 and referenced as Proposal No. 7430. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. Questions concerning the scope of the project should be directed to Project Managers, Craig Dublin (Transfort) at (970) 224-6196 or [email protected], and Dave Leicester (Fleet) at (970) 416-2095 or [email protected]. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, CPM, Buyer, Buyer, at (970) 416-2247 or [email protected]. A copy of the Proposal may be obtained as follows:

1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement

The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information.

Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522

970.221.6775 970.221.6707 fcgov.com/purchasing


Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management


7430 UNIFORM RENTAL OR LEASING SCOPE OF WORK

The City of Fort Collins is requesting copies of proposals for Uniform Rental or Leasing for the City’s Transfort Bus and Fleet Maintenance operations. This is a three year agreement with the option to renew up to two more years (subject to appropriation of funds year-to-year). I. BACKGROUND:

The City of Fort Collins currently has a leasing arrangement (employee launders) for Transfort Bus employee uniforms, and a rental arrangement (Service Provider launders) for Fleet employee uniforms with Cintas. It is the City’s intention to unite these two programs under one Service Provider that will cover both programs. Also, in addition to the requirements outlined in this Request for Proposal, there are other Departments within the City that may elect to participate in the rental of Shop Towels, Floor Mats, and other sundry items in the event that the terms awarded under this solicitation are favorable. The City would also like to explore any options for outright purchase of additional uniform items such as polo shirts, sweatshirts, fleece vests, light jackets, etc. via a web-based ordering system and also a retail outlet that proposers can offer under the resulting contract for this solicitation. The City currently spends approximately $20,000 per year on the Transfort Lease program; and approximately $20,000 per year on the Fleet Rental program. The outright purchase items are estimated to be between $10,000-$20,000 per year.

II. SCOPE OF WORK:

A. The City of Fort Collins requests proposals for furnishing, cleaning (where requested), and maintaining uniforms for Transfort Bus and Fleet Maintenance personnel.

B. DELIVERY: the City requires that the Service Provider designate one (1) day for pick-up and delivery per week. Delivery is to occur on that pre-determined day during business hours, at a time to be negotiated between Service Provider and the Project Manager for that department. For those weeks in which the pickup/delivery day is on an official City holiday, arrangements are to be made for deliveries to occur the day before the holiday, or on a preapproved date. All newly ordered and replacement garments must be delivered within two weeks of the date ordered. Any delays exceeding that timeframe must be reported promptly to the City’s Project Manager; and corrective action implemented by the Service Provider.

1. At the option of the City’s Project Manager, failure to deliver newly ordered or replacement garments within two weeks of date ordered may result in Liquidated Damages being assessed to Service Provider in the form of a credit to the affected department’s invoice of up to $40 per


week per undelivered garment, until said product is successfully delivered.

C. DIRTY CLOTHING/RAG/TOWEL BINS: Service Provider is to provide bins that separate the clothing to allow for clothing pieces in need of mending or repair to be placed in one bin, clothing recommended for replacement in another bin and a third bin that is for dirty clothing. Additional bins are to be provided for dirty Shop rags/Towels. The bins are to:

1. Provide smell containment , or hold to a minimum.

2. Be covered and locked, to prevent pilfering.

3. Be sized appropriately to accommodate the needs of the department.

4. Be located in an area approved by the department Project Manager.

D. UNIFORM COMPLEMENT AND QUANTITIES: Garments covered under this Program will be selected by the Project Manager for each department from the items represented on the Pricing Schedule. If additional items not covered on the Pricing Schedule are requested by the Project Managers, they will be priced using the Service Provider’s same Pricing Multipliers that are used for similar item categories on the Pricing Schedule. Project Managers will determine the quantity of each item to be provided for each employee in their department. Project Managers for each area may add or delete uniform pieces, towels, covers, mats and other sundry components from the Contract at any time during the Contract Period.

E. OVERSIZE UNIFORMS: Service Providers should be aware that an average of 5% of City employees require oversized uniforms. No additional cost is to be charged for oversized garments. Also, the Service Provider is required to provide female-size apparel at no additional cost. Service Provider is to make every effort to see that oversize and female employees receive their uniform pieces in the same time frame as regular-size male employees.

F. SIZE CHANGES: Service Provider is to provide for normal size changes at no additional charge to the City.

G. ALTERATIONS: Alterations are to be the responsibility of the Service Provider. If a garment requires alteration, Service Provider has seven (7) calendar days to return or replace garment from the date of being informed of the request by authorized City personnel.

H. PROFESSIONAL APPEARANCE: Initial issue uniforms must be new. No faded, worn or “off color” garments will be accepted. In order to maintain a professional appearance, the City will not accept clothing with mends and patching larger than dime size. The repair or mending of a garment shall not detract from the garment’s appearance. Two (2) or less apparent mending sites are acceptable; if there are more in a garment, that item needs to be replaced. The City reserves the right to approve or request new garment depending on the appearance and the employee’s function.


I. MEASUREMENT: Transfort and Fleet Maintenance request that Service Provider measure employees (and give the opportunity for try-on) for proper fit on-site. Service Provider shall negotiate schedule for these events with the department Project Managers.

1. City Project Manager has the option to request a set of “sample” garments to keep on-site for fitting purposes. Garment samples include long-sleeve shirts ranging from Small-4XL, and various men’s and women’s-sized pants. Service Provider will provide a list of all sample garments and sizes that will be furnished to Project Manager at their request upon execution of the contract; subject to approval of the City’s Project Manager(s).

J. GARMENT IDENTIFICATION: Service Provider is to have in place a system of garment identification (for example, bar coding) in order to provide tracking of the uniform pieces for individual employees throughout their system.

K. INDIRECT EMBROIDERY LOGOS: Service Provider is to attach Indirect Embroidery Logos to shirts, jackets, vests, etc as directed by the department Project Managers. The City will design the artwork for the logo; and will purchase the logos as needed. Service Provider will not charge a fee to attach the logos to garments, or to remove them should the garment no longer be required or needed.

L. GARMENT REPLACEMENT CHARGE: Garments that require replacement due to normal wear and tear are to be replaced at no charge by the Service Provider. All city employees participating in the Lease or Rental program are required to fill out an Enrollment Agreement for the Service Provider. This authorizes the City to deduct the Replacement Cost of any garments not returned in the event of employment termination, from the employee’s final paycheck. Replacement Cost is as determined on the Pricing Schedule.

M. UTILIZATION REPORTS: The City desires to have access to various Utilization Reports (preferably on-line) at no additional cost. These reports are to include access to the following but are not limited to:

1. Activity by Employee

2. Activity by City Department

3. Cost by Employee

4. Cost by City Department

5. Location of Employee garments within the Service Provider’s system (including delivery status for new or replacement items)

6. Mending stats

7. Replacement stats

Service Providers are to include samples of reports similar to these that they are currently providing for other customers, with their RFP submission. The


city reserves the right to request Service Provider to create reports that will meet the City’s needs.

N. SAMPLES: The City reserves the right to request samples of the uniform pieces to be supplied at no cost to the City, prior to awarding the Contract. The City will retain the samples provided by the awarded Service Provider in order to create an express warranty that the whole of the good provided shall conform to the sample submitted; samples provided by non-awarded vendors shall be returned to them after contract has been signed. Where a Preferred Brand (*) is requested, six (6) samples of this garment are required if you are submitting a different Brand Name other than the one requested. The City reserves the right to determine what is and is not an equivalent to the Preferred Brand requested.

O. IMPLEMENTATION SCHEDULE: Service Providers shall include a sample Implementation Schedule with their RFP submission, in order for the City to have an idea how long it will take each Service Provider to get their program up and running should they be the selected vendor.

P. COOPERATIVE PURCHASING: The City of Fort Collins allows other Public Agencies the opportunity to purchase off the Award for this RFP at the option of the Awarded Vendor. Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group in particular may contact the awarded Service Provider with a desire to participate in any resulting awards as a potential cooperative user. Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group that have indicated a desire to participate in any resulting awards as a potential cooperative user include:

Larimer County

Q. SITE AUDITS: The City may request, at their option, a Site Audit prior to making Award. Also, the City will reserve the right to do periodic Site Audits to the awarded Service Provider.

R. CUSTOMER SATISFACTION SURVEY AND FOLLOW-UP CORRECTIVE ACTION MECHANISM: Service Providers shall include a sample of any Customer Satisfaction Surveys they currently do for other existing customers, and show us how their followup corrective action mechanism works for any issues identified in the course of these Surveys.

S. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews.

T. All awards and extensions are subject to annual appropriations of funds.

U. Rental, Lease, and Purchase/Replacement Costs provided on the enclosed Pricing Schedule will cover all sizes, special tailoring, labor, transportation and any associated cost that is required to provide the services identified in this RFP. No Fuel Surcharges will be accepted. Any Environmental Charges , Makeup Charges, or Wastewater Charges must be clearly stated on the


submitted Pricing Schedule. The City of Fort Collins will not be liable for any charge not provided in the Pricing Schedule.

V. No Buy-Back Provisions will be considered.

W. The preference will be to award to one vendor; but the City reserves the right to award to multiple vendors in the event this is deemed to be in the City’s best interest.

III. PROPOSAL REQUIREMENTS:

A. List of current customer references including name, title and phone number. Minimum of three (3) with similar size and nature of the City of Fort Collins Uniform Rental or Leasing requirements. References will be checked and any unsatisfactory responses may be cause for disqualification at the sole discretion of the City of Fort Collins.

B. Name of the single point of contact (and their backup) who will be handling the City of Fort Collins Service Issues, including telephone, fax, e-mail address, cell-phone and emergency phone numbers. Name of the single point of contact (and their backup) who will be handling the City of Fort Collins Billing Issues, including telephone, fax, e-mail address, cell-phone and emergency phone numbers.

C. Location of the Service Plant that will service the City of Fort Collins account, in the event of an Award. The City may request, at their option, a Site Audit prior to making Award. Also, the City will reserve the right to do periodic Site Audits to the awarded Service Provider.

D. Completion of Pricing Schedule with price per change for:

1. Service Provider launders (i.e., Rent)

2. We launder (i.e., Lease)

3. Outright Purchase/Replacement price.

4. Rental, Lease, and Purchase/Replacement Costs provided on the enclosed Pricing Schedule will cover all sizes, special tailoring, labor, transportation and any associated cost that is required to provide the services identified in this RFP. No Fuel Surcharges will be accepted. Any Environmental Charges or Wastewater Charges must be clearly stated on the submitted Pricing Schedule. The City of Fort Collins will not be liable for any charge not provided in the Pricing Schedule.

E. Vendor Statement (below) signed by an authorized person from your company, in order to verify the capability of the company to provide the Uniform Rental or Leasing services required by the City. Awarded Service Provider will be required to submit a copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. Awarded Service Provider shall be expected to sign the City of Fort


Collins SERVICES AGREEMENT (see sample enclosed) prior to commencement of services.

F. Service Providers shall include a sample of any Customer Satisfaction Surveys they currently do for other existing customers, and show us how their followup corrective action mechanism works for any issues identified in the course of these Surveys.

G. Service Providers are to include samples of Utilization Reports that they are currently providing for other customers, with their RFP submission. These reports (preferably available on-line) are to include access to the following but are not limited to:

1. Activity by Employee

2. Activity by City Department

3. Cost by Employee

4. Cost by City Department

5. Location of Employee garments within the Service Provider’s system (including delivery status for new or replacement items)

6. Mending stats

7. Replacement stats

H. Service Providers are to include samples of any garment identification system (for example, bar coding) that they have in place in order to provide tracking of uniform pieces for individual employees throughout their system.

I. Service Providers are required to furnish a sample of any of the uniform pieces that are specifically requested by the City (via the Purchasing representative), at no cost to the City. The City will retain the samples provided by the awarded Service Provider in order to create an express warranty that the whole of the good provided shall conform to the sample submitted; samples provided by non-awarded vendors shall be returned to them after contract has been signed. Where a Preferred Brand (*) is requested, six (6) samples of this garment are required if you are submitting a different Brand Name other than the one requested. The City reserves the right to determine what is and is not an equivalent to the Preferred Brand requested.

J. Service Providers shall include a sample Implementation Schedule with their RFP submission, in order for the City to have an idea how long it will take each Service Provider to get their program up and running should they be the selected vendor.

K. Sustainability: Service Providers shall provide assurance that all uniform laundering services provided for the City under this contract use non-toxic cleaning products and processes; and that all uniform laundering services provided under this contract are in compliance with required water discharge and pre-treatment permits.


1. Proposers shall provide Material Safety Data Sheets for all products used for cleaning the types of garments and other products listed in this solicitation.

2. Proposers shall provide a description of the company’s efforts to use the least toxic detergents and related laundry chemicals. If chemical products are bought from an external supplier, describe that supplier’s efforts to formulate and promote less-toxic or non-toxic products. Example efforts include: product certification by an independent third-party certification program for institutional cleaners or participating in the U.S. Environmental Protection Agency’s Design for Environment Program.

3. Proposers shall agree to pursue continuous improvement in using the least toxic chemicals available for laundering the garments and other products listed in this solicitation.

L. Service Providers are to include as part of their proposal any options for outright purchase of additional uniform items such as denim jeans or Carhartt outerwear via a web-based ordering system and also a retail outlet that proposers can offer under the resulting contract for this solicitation. Include description of your ability to provide any custom logos as described above.


VENDOR STATEMENT

I have read and understand the specifications and requirements for this RFP and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete SERVICES AGREEMENT with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.

VENDOR IS TO ALSO INCLUDE THE REQUIRED INSURANCE CERTIFICATE NAMING THE CITY OF FORT COLLINS AS AN ADDITIONAL INSURED.

NAME:

ADDRESS:

EMAIL ADDRESS: PHONE:

BIDDER’S NAME:

SIGNATURE:

SERVICE ISSUES CONTACT:

PHONE: FAX:

EMAIL ADDRESS:

CELL #: EMERGENCY:

BACKUP:

BILLING ISSUES CONTACT:

PHONE: FAX:

EMAIL ADDRESS:

CELL #: EMERGENCY:

BACKUP:

PLEASE GO TO www.fcgov.com/purchasing TO REGISTER IN OUR E-PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL

APPROPRIATE COMMODITY CODES!

COMMODITY CODE USED FOR THIS BID ARE: 983-86 Uniform Rental or Lease 983-22 Clothing Rental or Lease

983-77 Textiles, Linens, etc. Rental or Lease (Including Shop Towels) 983-79 Treated and Dry Mops and Rugs (Including Floor Mats) Rental or Lease


IV. CLOTHING DESCRIPTIONS:

A. RENTAL/LEASE PROGRAM ITEMS:

1. Lined Jacket: Fully lined, zip front, lined collar, inset pockets, adjustable cuffs.

2. Quilted Vest: 65%poly/35% cotton twill five layer 4” vertical quilted shell, zip front, side elastic inserts, roomy hand warmer pockets.

3. Oxford Cotton Dress Shirt (short or long-sleeved), wrinkle-resistant cotton shirt: 100% cotton preshrunk twill, button-down collar, breast pocket.

4. Security Shirt (short or long-sleeved): 65%polyester/35%cotton poplin soil release finish, button front, convertible collar with stays, pleated chest pockets with flaps and button closure, epaulets.

5. Work Shirt (short or long-sleeved): 65% polyester/35% cotton poplin, Soil release finish, button front, convertible collar with stays, button through chest pockets, (Red Kap or equivalent), Color: Light Blue

6. Work Shirt (short or long-sleeved): 100% cotton durapress wrinkle resistant finish, preshrunk, button front, convertible collar with stays, pockets

7. Wrinkle-resistant cotton pants: 100% pre-shrunk cotton wrinkle resistant finish, plain front, slack style front pockets, hip pockets (left with button closure), ratcheting zipper with button closure.

8. Work Pants: 65% polyester/35% cotton twill, nice drape with front and back pockets along with reinforced stress points that stand up to frequent washings, zip front with button closure.

9. Work Shorts: 65% polyester/35% cotton twill double-pleated front, slack-style front pockets, set-in hip pockets, zip front with button closure.

10. Coveralls: 65% polyester/35% cotton twill with action back, two-way zipper front, two front pockets, two patch hip pockets, two chest pockets, rule pocket, side vent openings, sized to be worn over clothes.

11. Coveralls, 100% cotton: 100% cotton twill, with action back, two-way zipper front, two front pockets, two patch hip pockets, two chest pockets, rule pocket, side vent openings, sized to be worn over clothes.

12. Jeans, 100% prewashed cotton denim with back pockets along with back yoke and brass rivet reinforcements that stand up to frequent washings, zip front with button closure.

13. Shop Towels Premium (for cleaning sensitive applications): 100% cotton, pre-bleached available in white, 18x18” cut size

14. Shop Towels Standard: 100% cotton, 18x18” cut size

15. Shop Towels Heavy (for heavy grease & soil applications): 100% cotton, 18x18” cut size


16. Fender Covers: 50% polyester/50% cotton, 36x54” cut size

17. Glass Towels: 100% cotton, 16x28” cut size

18. Track Control Mats, nylon bonded to 100% Nitrile rubber, 3x4’

19. Track Control Mats, nylon bonded to 100% Nitrile rubber, 4x6’

20. Dust mop, 12”, collapsible

21. Wet mop barricade, large, green

22. Mop frame, 12”, collapsible


V. PRICING SCHEDULE – RENTAL/LEASE PROGRAM ITEMS:

ITEM #

DESCRIPTION BIDDER’S

PRODUCT #

RENTAL PRICE PER CHANGE

(Service Provider launders)

LEASE PRICE PER CHANGE (We launder)

PER UNIT PURCHASE OR REPLACEMENT

PRICE

1 Lined Jacket

2 Quilted Vest

3 Oxford Cotton Dress Shirt (Long or Short Sleeve)

4 Security Shirt (Long or Short Sleeve)

5 Work Shirt, 65/35 (Long or Short Sleeve)

6 Work Shirt, 100% Cotton (Long or Short Sleeve)

7 Cotton Pants

8 Work Pants, 65/35

9 Work Shorts, 65/35

10 Coveralls, 65/35

11 Coveralls,100% Cotton

12 Jeans, 100% prewashed Cotton Denim

13 Shop Towels, Premium white

14 Shop Towels, Standard

15 Shop Towels, Heavy

16 Fender Covers

17 Glass Towels

18 Track Control Mats, 3x4’

19 Track Control Mats, 4x6’

20 Dust mop, 12”, collapsible

21 Wet mop barricade, large, green

22 Mop frame, 12”, collapsible


VI. Review and Assessment Proposers will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and any optional interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating.

WEIGHTING FACTOR

QUALIFICATION STANDARD

2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project?

2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project?

1.0 Availability

Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work?

1.0 Motivation

Is the firm interested and are they capable of doing

the work in the required time frame?

2.0 Cost and Work Hours

Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase?

2.0 Firm Capability

Does the firm have the support capabilities the

assigned personnel require? Has the firm done

previous projects of this type and scope?


VII. Reference Evaluation (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory.

QUALIFICATION STANDARD

Overall Performance Would you hire this Professional again? Did they show the skills required by this project?

Timetable

Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner?

Completeness

Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively?

Budget Was the original Scope of Work completed within the project budget?

Job Knowledge If a study, did it meet the Scope of Work?


VIII. FEDERAL TRANSIT ADMINISTRATION Federally Required and Other Model Contract Clauses

1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS

Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract:


A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a

subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means

whatsoever or to copy excerpts and transcriptions as reasonably needed.

C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).

D. FTA does not require the inclusion of these requirements in subcontracts.

Requirements for Access to Records and Reports by Types of Contract

Contract Characteristics

Operational Service Contract

Turnkey Construction Architectural Engineering

Acquisition of Rolling Stock

Professional Services

I State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects

None None unless1 non-competitive award

Those imposed on state pass thru to Contractor

None Yes, if non-competitive award or if funded thru2 5307/5309/5311

None None unless non-competitive award



II Non State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects

Yes3 Yes3

Those imposed on non-state Grantee pass thru to Contractor

Yes Yes

Yes Yes

Yes Yes

Yes Yes

Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i)


4. FEDERAL CHANGES

Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.

5. TERMINATION a. Termination for Convenience (General Provision) The City 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 the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs.

b. Termination for Default [Breach or Cause] (General Provision) If the Contractor

does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City 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 City 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 City, 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 City 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 the City’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 the City setting forth the nature of said breach or default, the City 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 the City 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 the City elects to waive its

remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.


6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:

(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.


7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)

a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The City has an overall DBE goal of 9.9%. There is no specific contract goal for this project but the City encourages bids from DBE firms in this project. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). 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, it is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the City of Fort Collins and contractor’s receipt of the partial retainage payment related to the subcontractor’s work. e. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins.

8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions.


9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as “covered transactions.” Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder


or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

10. CARGO PREFERENCE REQUIREMENTS Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

11. FLY AMERICA REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

12. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

13. RECYCLED PRODUCTS Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.


14. ADA ACCESS Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections 12101 et seq. and DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations, “Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB’s “Americans with Disabilities Act Accessibility Guidelines” (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part 37.

15. 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: [email protected] or calling 970-221-6775.


IX. SERVICES AGREEMENT

SERVICES AGREEMENT

THIS AGREEMENT made and entered into the day and year set forth below by and

between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter

referred to as the "City" and , hereinafter referred to as "Service Provider".

WITNESSETH:

In consideration of the mutual covenants and obligations herein expressed, it is agreed

by and between the parties hereto as follows:

1. Scope of Services. The Service Provider agrees to provide services in

accordance with the scope of services attached hereto as Exhibit "A", consisting of

( ) page and incorporated herein by this reference.

2. The Work Schedule. [Optional] The services to be performed pursuant to this

Agreement shall be performed in accordance with the Work Schedule attached hereto as

Exhibit "B", consisting of ( ) page , and incorporated herein by this reference.

3. Time of Commencement and Completion of Services. The services to be

performed pursuant to this Agreement shall be initiated within ( ) days following

execution of this Agreement. Services shall be completed no later than . Time is of the

essence. Any extensions of the time limit set forth above must be agreed upon in a writing

signed by the parties.

4. Contract Period. [Option 1] This Agreement shall commence upon the date of

execution shown on the signature page of this Agreement and shall continue in full force and

effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of

the City, the Agreement may be extended for an additional period of one (1) year at the rates

provided with written notice to the Professional mailed no later than ninety (90) days prior to

contract end.


5. Contract Period. [Option 2] This Agreement shall commence , 200 ,

and shall continue in full force and effect until , 200 , unless sooner terminated as

herein provided. In addition, at the option of the City, the Agreement may be extended for

additional one year periods not to exceed ( ) additional one year periods.

Renewals and pricing changes shall be negotiated by and agreed to by both parties. The

Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will

be used as a guide. Written notice of renewal shall be provided to the Service Provider and

mailed no later than ninety (90) days prior to contract end.

6. Delay. If either party is prevented in whole or in part from performing its

obligations by unforeseeable causes beyond its reasonable control and without its fault or

negligence, then the party so prevented shall be excused from whatever performance is

prevented by such cause. To the extent that the performance is actually prevented, the Service

Provider must provide written notice to the City of such condition within fifteen (15) days from

the onset of such condition. [Early Termination clause here as an option

7. Early Termination by City/Notice. Notwithstanding the time periods contained

herein, the City may terminate this Agreement at any time without cause by providing written

notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15)

days prior to the termination date contained in said notice unless otherwise agreed in writing by

the parties. All notices provided under this Agreement shall be effective when mailed, postage

prepaid and sent to the following addresses:

City: City of Fort Collins Attn: Purchasing PO Box 580 Fort Collins, CO 80522

Copy to: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522

Service Provider:

In the event of early termination by the City, the Service Provider shall be paid for services

rendered to the date of termination, subject only to the satisfactory performance of the Service


Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole

right and remedy for such termination.

8. Contract Sum. The City shall pay the Service provider for the performance of this

Contract, subject to additions and deletions provided herein, per the attached Exhibit " ",

consisting of page , and incorporated herein by this reference.

9. City Representative. The City will designate, prior to commencement of the

work, its representative who shall make, within the scope of his or her authority, all necessary

and proper decisions with reference to the services provided under this agreement. All requests

concerning this agreement shall be directed to the City Representative.

10. Independent Service provider. The services to be performed by Service Provider

are those of an independent service provider and not of an employee of the City of Fort Collins.

The City shall not be responsible for withholding any portion of Service Provider's compensation

hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for

any other purpose.

11. Personal Services. It is understood that the City enters into the Agreement

based on the special abilities of the Service Provider and that this Agreement shall be

considered as an agreement for personal services. Accordingly, the Service Provider shall

neither assign any responsibilities nor delegate any duties arising under the Agreement without

the prior written consent of the City.

12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for

any of the services shall not be construed to operate as a waiver of any rights or benefits

provided to the City under this Agreement or cause of action arising out of performance of this

Agreement.

13. Warranty.


a. Service Provider warrants that all work performed hereunder shall be

performed with the highest degree of competence and care in accordance with accepted

standards for work of a similar nature.

b. Unless otherwise provided in the Agreement, all materials and equipment

incorporated into any work shall be new and, where not specified, of the most suitable grade of

their respective kinds for their intended use, and all workmanship shall be acceptable to City.

c. Service Provider warrants all equipment, materials, labor and other work,

provided under this Agreement, except City-furnished materials, equipment and labor, against

defects and nonconformances in design, materials and workmanship/workwomanship for a

period beginning with the start of the work and ending twelve (12) months from and after final

acceptance under the Agreement, regardless whether the same were furnished or performed by

Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from

City of any such defect or nonconformances, the affected item or part thereof shall be

redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to

City.

14. Default. Each and every term and condition hereof shall be deemed to be a

material element of this Agreement. In the event either party should fail or refuse to perform

according to the terms of this agreement, such party may be declared in default thereof.

15. Remedies. In the event a party has been declared in default, such defaulting

party shall be allowed a period of ten (10) days within which to cure said default. In the event

the default remains uncorrected, the party declaring default may elect to (a) terminate the

Agreement and seek damages; (b) treat the Agreement as continuing and require specific

performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party

commences legal or equitable actions against the defaulting party, the defaulting party shall be

liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and

costs incurred because of the default.


16. Binding Effect. This writing, together with the exhibits hereto, constitutes the

entire agreement between the parties and shall be binding upon said parties, their officers,

employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,

personal representatives, successors and assigns of said parties.

17. Indemnity/Insurance.

a. The Service Provider agrees to indemnify and save harmless the City, its

officers, agents and employees against and from any and all actions, suits, claims, demands or

liability of any character whatsoever brought or asserted for injuries to or death of any person or

persons, or damages to property arising out of, result from or occurring in connection with the

performance of any service hereunder.

b. The Service Provider shall take all necessary precautions in performing the

work hereunder to prevent injury to persons and property.

c. Without limiting any of the Service Provider's obligations hereunder, the

Service Provider shall provide and maintain insurance coverage naming the City as an

additional insured under this Agreement of the type and with the limits specified within Exhibit

, consisting of one (1) page, attached hereto and incorporated herein by this reference.

The Service Provider before commencing services hereunder, shall deliver to the City's Director

of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of

a certificate evidencing the insurance coverage required from an insurance company acceptable

to the City.

18. Entire Agreement. This Agreement, along with all Exhibits and other documents

incorporated herein, shall constitute the entire Agreement of the parties. Covenants or

representations not contained in this Agreement shall not be binding on the parties.

19. Law/Severability. The laws of the State of Colorado shall govern the construction

interpretation, execution and enforcement of this Agreement. In the event any provision of this

Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such


holding shall not invalidate or render unenforceable any other provision of this Agreement.

20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,

C.R.S., et. seq., Service Provider represents and agrees that:

a. As of the date of this Agreement:

1. Service Provider does not knowingly employ or contract with an illegal

alien who will perform work under this Agreement; and

2. Service Provider will participate in either the e-Verify program created

in

Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th

Congress, as amended, administered by the United States Department of Homeland Security

(the “e-Verify Program”) or the Department Program (the “Department Program”), an

employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in

order to confirm the employment eligibility of all newly hired employees to perform work under

this Agreement.

b. Service Provider shall not knowingly employ or contract with an illegal alien to

perform work under this Agreement or knowingly enter into a contract with a subcontractor that

knowingly employs or contracts with an illegal alien to perform work under this Agreement.

c. Service Provider is prohibited from using the e-Verify Program or Department

Program procedures to undertake pre-employment screening of job applicants while this

Agreement is being performed.

d. If Service Provider obtains actual knowledge that a subcontractor performing

work under this Agreement knowingly employs or contracts with an illegal alien, Service

Provider shall:

1. Notify such subcontractor and the City within three days that Service Provider

has actual knowledge that the subcontractor is employing or contracting with an illegal alien;

and


2. Terminate the subcontract with the subcontractor if within three days of

receiving the notice required pursuant to this section the subcontractor does not cease

employing or contracting with the illegal alien; except that Service Provider shall not terminate

the contract with the subcontractor if during such three days the subcontractor provides

information to establish that the subcontractor has not knowingly employed or contracted with

an illegal alien.

e. Service Provider shall comply with any reasonable request by the Colorado

Department of Labor and Employment (the “Department”) made in the course of an

investigation that the Department undertakes or is undertaking pursuant to the authority

established in Subsection 8-17.5-102 (5), C.R.S.

f. If Service Provider violates any provision of this Agreement pertaining to the

duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this

Agreement is so terminated, Service Provider shall be liable for actual and consequential

damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S.

g. The City will notify the Office of the Secretary of State if Service Provider

violates this provision of this Agreement and the City terminates the Agreement for such breach.

21. Special Provisions. [Optional] Special provisions or conditions relating to the

services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting

of ( ) pages, attached hereto and incorporated herein by this reference.


CITY OF FORT COLLINS, COLORADO a municipal corporation

By:_______________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date:_____________________________

ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney

By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT

Date:_____________________________

ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY


EXHIBIT “ ” INSURANCE REQUIREMENTS

1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows:

A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement:

1. Workers' Compensation insurance with statutory limits as required by Colorado law.

2. Employer's Liability insurance with limits of $100,000 per accident,

$500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance.

Documents

7430 Uniform Rental or Leasing - Fort Collins, Colorado