HomeMy WebLinkAboutRFP - 10137 Transfort Landscape MaintenanceRFP 10137 Transfort Landscape Maintenance Page 1 of 79
REQUEST FOR PROPOSAL
10137 TRANSFORT LANDSCAPE MAINTENANCE
RFP DUE: 3:00 PM MT (Mountain Time), April 11, 2025
The City of Fort Collins is requesting proposals from qualified Service Providers to provide
landscape maintenance services for designated Transfort facilities.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
A pre-proposal meeting will be held at 9:00 AM MT on March 26, 2025. The pre-proposal
meeting will be hosted on-line via Microsoft Teams. Select the below link for access to the
meeting. Please be prepared to announce your name and mute your microphone:
Join the meeting now
Meeting ID: 283 962 267 133
Passcode: bQ7Lw9mo
Alternatively, the pre-proposal meeting can be accessed via phone at the below call-in and
conference ID. This option will only allow you to hear the audio presentation.
Call-in number: 1-970-628-0892
Conference ID: 366 046 073#
All questions should be submitted, in writing via email, to Adam Hill, Senior Buyer at
adhill@fcgov.com, with a copy to Meghan Allen, Project Manager, at mallen@fcgov.com,
no later than 3:00 PM MT on April 2, 2025. Please format your e-mail to include: RFP 10137
Transfort Landscape Maintenance in the subject line. Questions received after this deadline
may not be answered. Responses to all questions submitted before the deadline will be
addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
912 27 Irrigation systems
988 08 Cleaning of roadside parks
988 14 Erosion control services
988 36 Grounds maintenance: mowing, edging, trimming etc.
988 75 Roadside maintenance services including mowing etc.
988 89 Weed and vegetation control
Financial Services
Purchasing Division
nd Floor
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 10137 Transfort Landscape Maintenance Page 2 of 79
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Service Providers to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Service Providers and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. Such statement does not necessarily
exempt such documentation from public disclosure if required by CORA, by order of a court of
appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
confidential commercial information and financial data information may not be disclosed by the
City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Professionals hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
Service Providers Registration: The City requires new Service Providers/ Professionals
receiving awards from the City to submit IRS form W-9 and requires all Service Providers/
Professionals to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the
Service Provider Direct Deposit Authorization Form can be found on the City’s Purchasing website
at www.fcgov.com/purchasing under Service Provider Reference Documents. Please do not
submit these documents with your proposal, however, if you take exception to participating in
Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception.
The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its
sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
RFP 10137 Transfort Landscape Maintenance Page 3 of 79
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.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Service Provider shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 9892 Transfort Landscaping Maintenance Page 4 of 79
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Service Providers to perform landscape
maintenance of designated Transfort facilities. This Agreement will utilize federal funds and is subject to
Federal Transit Administration terms and conditions included in Section VI - Exhibit G – Federal Transit
Administration Federally required and Other Model Contract Clauses.
II. SCOPE OF PROPOSAL
A. Scope of Work
1.0 SCOPE
The Service Provider must complete landscape maintenance of designated
areas as noted in this document, see Attachment 1 – Service Area Maps for
additional information. During and at the end of the maintenance period, all
plant material shall be in a healthy, growing condition. The Service Provider
shall provide all equipment, labor, and materials necessary for performing
landscape maintenance and irrigation services according to these specifications.
Beginning June 1, 2025, the Service Provider must comply with Colorado
Department of Public Health and Environment Air Quality Control
Commission Regulation 29 Emission Reduction Requirements for Lawn
and Garden Equipment – 5 CCR 1001-33 (Regulation #29). Service Provider
cannot use gasoline powered push and hand-held land and garden equipment
with an internal combustion engine smaller than 7 kW (10 Horsepower)
between June 1 and August 31 each year in the ozone non-attainment area per
Regulation #29. Also, Service Provider is to provide recordkeeping and
reporting information to the City Project Manager as requested for Regulation
#29 within ten (10) business days of the requested information. Requested
information may include but not be limited company name and designated
contact person, as well as a detailed description of the services (e.g., list of
activities, duration, frequency, expected equipment use) provided. If applicable,
the Service Provider will also be required to report any use of non-compliant
gasoline-powered equipment and circumstances for the use of such equipment.
Scope of Work will include three (3) Facilities and MAX Stations along the
Transfort Bus Rapid Transit (BRT) Guideway.
1.0.1 Transfort Maintenance Facility (TMF) 6570 Portner Road
1.0.2 Downtown Transit Center (DTC) 250 N. Mason Street
1.0.3 South Transit Center (STC) 4916 Fossil Blvd.
1.0.4 Transfort BRT Guideway
1.0.4.1 Harmony Station
1.0.4.2 Troutman Station
1.0.4.3 Troutman Park N Ride
1.0.4.4 Horsetooth Station
RFP 9892 Transfort Landscaping Maintenance Page 5 of 79
1.0.4.5 Swallow Stations (Northbound & Southbound)
1.0.4.6 Drake Station
1.0.4.7 Drake Park N Ride
1.0.4.8 Spring Creek Station
1.0.4.9 Prospect Station
1.0.4.10 University Station
1.1 QUALITY OF WORK
1.1.1 All work shall be performed in accordance with best landscape
and maintenance practices and irrigation management practice,
as per the Associated Landscape Contractors of Colorado
(ALCC, ALCC Home) Best Management Practices and The
Green Industries of Colorado (GreenCO, Green Industries of
Colorado - Home) Best Management Practices.
1.2 LOST & FOUND ARTICLE
1.2.1 The Service Provider shall ensure that all articles found by
employees while performing duties under this contract are turned
into one of the three transit facilities.
1.3 SERVICE PROVIDER RESPONSIBILITIES
1.3.1 The Service Provider shall be responsible for all damages, losses
or injuries that occur as a result of the fault or negligence of said
Service Provider or their employees in connection with the
performance of this work.
1.4 AVAILABILITY
1.4.1 Service Provider shall be available and provide a current
telephone and/or cellular telephone number (toll free call from
Fort Collins), and email for service issues that arise in
accordance with this Scope of Work, and for emergent issues
that may arise.
1.5 PERSONNEL
1.5.1 The Service Provider shall ensure there is sufficient
supervision on the job and the supervisor is capable of
discussing matters pertaining to the contract and work
performed with the Project Manager (or designee).
1.5.2 The Service Provider shall furnish sufficient supervisory and
working personnel capable of efficiently accomplishing the
Scope of Work to the satisfaction of Transfort. All work
required under this contract shall be performed during regular
and prescribed hours and on schedule.
RFP 9892 Transfort Landscaping Maintenance Page 6 of 79
1.5.3 Service Provider shall assure that they and their employees
conduct themselves in a respectable, proper and efficient
manner at all times when providing service at all locations
outlined in the Scope of Work.
1.5.4 Transfort may require the Service Provider to remove from the
work site any employee(s) deemed unsafe, careless,
incompetent or otherwise objectionable, whose continued
employment on the job is considered to be contrary to the
best interests of the City.
1.5.5 Each Service Provider crew shall have at least one English-
speaking crew chief able to translate directions to the
remaining crewmembers.
1.6 COMPANY IDENTIFICATION
1.6.1 Service Provider's employees shall wear clothing or have
visible identification that identifies them as employees of the
Service Provider's company.
1.6.2 Service Provider's company vehicles shall have a
company-identifying marker prominently displayed.
1.7 SUBCONTRACTORS
1.7.1 All persons engaged in the work outlined in the contract shall be
considered employees of the Service Provider. Any subcontract
work must be approved by the Transfort Contract Coordinator in
writing.
1.7.2 The Service Provider shall be responsible for the work of all
employees and subcontractors.
1.8 REPAIRS TO EXISTING FACILITIES
1.8.1 Service Provider shall immediately inform Transfort Contract
Coordinator in the event any facilities, structures, or
equipment, including irrigation systems are damaged or
altered in the course of performing the work.
1.8.2 Service Provider shall repair or replace such items to a like new
condition at no cost to the City / Transfort if the damage was a
result of the Service Provider’s performance of work. Repairs
shall be immediate or as agreed upon with Transfort Contract
Coordinator.
1.9 VANDALISM
1.9.1 Existing structures, facilities, or equipment (including irrigation
systems) which are damaged or altered in any way, including
acts of God, vandalism, vehicular damage, theft, or other
damage that are not a result of the Service Provider, shall be
repaired at City expense by the Service Provider on a time and
materials basis. This does not include routine repairs of any
irrigation riser and nipples that shall be repaired as routine
maintenance. The Service Provider shall provide a quote and
obtain written authorization from the Transfort Contract
Coordinator prior to initiating any such repairs.
RFP 9892 Transfort Landscaping Maintenance Page 7 of 79
1.10 SAFETY REQUIREMENTS
1.10.1 All work under this contract shall be performed in such a
manner as to provide maximum safety to the public and
where applicable comply with all safety standards required by
OSHA.
1.10.2 Transfort Contract Coordinator (or designee) reserves the right
to stop the Service Provider or their crews when unsafe or
harmful acts are observed.
1.10.3 The Service Provider’s staff shall at all time utilize appropriate
Personal Protective Equipment (PPE) such as, but not limited
to, hearing protection, hard hat, high-visibility vest, safety
glasses, steel-toed shoes, etc.
1.11 HAZARDOUS CONDITIONS
1.11.1 The Service Provider is responsible for prompt correction of any
hazards created by the Service Provider.
1.11.2 Any hazardous condition noted by the Service Provider shall be
immediately reported to the Transfort Contract Coordinator at
970-221-6621 or the Transfort Customer Service Division at
970 -221-6620.
1.12 TRAFFIC CONTROL
1.12.1 Service Provider will conduct work in a manner that will not
interfere with normal pedestrian traffic on adjacent
sidewalks.
1.12.2 Service Provider will not interfere with vehicular or bus traffic.
1.13 MAINTENANCE PERFORMANCE INSPECTIONS
1.13.1 The Project Manager will inspect all areas under this contract
for adherence to the specifications. Any deficiencies or
deviations in the work will be submitted to the Service
Provider for immediate correction. See Section 10.0 SERVICE
PROVIDER WORK RATINGS of this document for more
information.
1.14 PAYMENT
1.14.1 The total bid will be divided by the number of months in the
contract. Monthly billing will then be based on the contract
amount divided by the total number of months.
1.14.2 The Service Provider will be paid monthly for work performed
satisfactorily under this contract. Within the first five days of
RFP 9892 Transfort Landscaping Maintenance Page 8 of 79
the month, the Service Provider shall submit a detailed report
of maintenance performed in the prior month. The report shall
include (but not limited to) the following information:
1.14.2.1 Number of complete mowings at each location
1.14.2.2 Number of complete irrigation inspections
1.14.2.3 Schedule changes
1.14.2.4 Major work to be performed in the coming month, and
any other pertinent information.
1.14.2.5 The use of pesticides or fertilizations shall be noted as
to date, time, area and what material was used.
1.14.2.6 This report shall be submitted with the monthly
invoicing in accordance with the contract price for the
work performed and shall become the basis for
payment.
1.14.2.7 The City may withhold payment to the extent
necessary to protect the City from loss due to work
required in the specifications which is defective,
inadequate, incomplete or not performed.
1.15 SCHEDULING OF WORK
1.15.1 Service Provider shall accomplish all normal landscaping
maintenance required under this contract between the hours of
7:00 AM and 6:00 PM Monday through Saturday. No
maintenance functions that generate excessive noise shall be
performed prior to 8:00 AM in residential areas (i.e.,
mowing/blowing).
1.15.2 The Service Provider shall establish a schedule of routine work
to be followed in the performance of this contract. A copy of this
schedule shall be provided to Transfort at the pre-work meeting
and updated with the monthly submittal.
1.15.3 The Service Provider must have the ability to respond to an
urgent call within 45 minutes or less of receiving the call.
RFP 9892 Transfort Landscaping Maintenance Page 9 of 79
2.0 FACILITY LOCATIONS
2.1 TRANSFORT OPERATIONS & MAINTENANCE FACILITY
6570 Portner Road
Fort Collins, CO 80525
Areas of responsibility:
2.1.1 Maintenance of landscape turf on entire property
2.1.2 Maintenance of complete Irrigation system
2.1.3 Maintenance of all shrubs & bushes on property
2.1.4 Maintenance of rock, mulch and bark areas on property
RFP 9892 Transfort Landscaping Maintenance Page 10 of 79
2.2 DOWNTOWN TRANSIT CENTER
2.2.1 250 N. Mason Street Fort Collins Colorado 80521 Map
Areas of responsibility
2.2.1.1 Maintenance of landscape turf on entire property
2.2.1.2 Maintenance of complete irrigation system
2.2.1.3 Maintenance of all shrubs & bushes on property
2.2.1.4 Maintenance of rock, mulch and bark areas on property
RFP 9892 Transfort Landscaping Maintenance Page 11 of 79
2.3 SOUTH TRANSIT CENTER
2.3.1 4916 Fossil Blvd.
Areas of responsibility:
2.3.1.1 Maintenance of landscape turf on entire property
2.3.1.2 Maintenance of complete irrigation system
2.3.1.3 Maintenance of all shrubs & bushes on property
2.3.1.4 Maintenance of rock, mulch and bark areas on property
2.4 Stations along the MAX BRT Guideway
2.4.1.1 Harmony Station
2.4.1.2 Troutman Station
2.4.1.3 Troutman Park N Ride
2.4.1.4 Horsetooth Station
2.4.1.5 Swallow Stations (Northbound & Southbound)
RFP 9892 Transfort Landscaping Maintenance Page 12 of 79
2.4.1.6 Drake Station
2.4.1.7 Drake Park N Ride
2.4.1.8 Spring Creek Station
2.4.1.9 Prospect Station
2.4.1.10 University Station
RFP 9892 Transfort Landscaping Maintenance Page 13 of 79
RFP 10137 Transfort Landscape Maintenance Page 14 of 79
2.4.2 Areas of responsibilities:
2.4.2.1 Maintenance of landscape turf on entire property
2.4.2.2 Maintenance of complete irrigation system
2.4.2.3 Maintenance of all shrubs & bushes on property
2.4.3.4 Maintenance of rock, mulch, and bark areas on property
3.0 IRRIGATION
3.1 GENERAL
3.1.1 Irrigation shall be accomplished using an automatic sprinkler
system or drip lines at each location.
3.1.2 Downtown Transit Center (DTC), South Transit Center (STC),
Transfort Maintenance Facility (TMF) and MAX BRT Station
irrigation systems to be coordinated through the Transfort
Contract Coordinator.
3.1.3 MAX BRT Prospect Station and University Station irrigation
system to be coordinated through Colorado State
University (CSU) Facilities.
3.2 TIME OF OPERATION
3.2.1 The automatic sprinkler systems shall operate between the
hours of 11:00 PM and 6:00 AM.
3.2.2 System checks may be run during the day and the time
shall be kept to a minimum.
3.2.3 Newly planted sod or seed may be watered as per
recommended planting instructions.
3.3 WATER APPLICATION
3.3.1 The programming of all irrigation controllers shall be scheduled
by a Certified Irrigation Technician with one or more of the
following certifications: "Associated Landscape Contractors of
Colorado" CLT-irrigation, "Irrigation Association", Landscape
Water Auditor or "Irrigation Association" Certified Irrigation
Designer.
3.3.2 Turf shall be irrigated to maintain horticultural accepted
growth and color while encouraging deep rooting. Shrubs
and bushes shall be watered to prevent wilting or loss of
color.
3.3.3 Water shall be applied so that runoff is avoided and applied
RFP 10137 Transfort Landscape Maintenance Page 15 of 79
to match the needs of the turf, tree or shrub bed being
irrigated.
3.3.4 Daily watering shall be avoided; every third day irrigation is
recommended. Turf that shows signs of drought stress (foot
printing), wilting or browning shall receive immediate
attention.
3.3.5 Any loss of turf caused by negligence on the part of the
Service Provider shall be re-sodded at Service Provider’s
expense.
3.3.6 The Service Provider shall submit a watering scheduling
report with scheduling criteria and each controller operating
schedule to the Project Manager upon request.
3.3.7 The irrigation controllers shall be adjusted monthly to meet
monthly ETs (evaporation transpiration) averages. Water use
on turf areas shall be monitored and excessive water use as
determined by the Project Manager shall be at the Service
Provider's expense.
3.4 TREE AND SHRUB BED IRRIGATION
3.4.1 Trees shall be watered so that they receive 40 gallons of water
a week during May, June, July, August and September. Shrubs
shall receive 5 gallons of water per week during the same time
frame. Schedules may need to be adjusted at the request of the
Forestry Division. Mature areas that have irrigation systems
may not have this requirement, at the discretion of the Project
Manager.
3.5 WATER CONSERVATION AND RESTRICTIONS
3.5.1 Watering schedules must meet restrictions set forth by the City
of Fort Collins Utilities.
3.5.2 Any fines or liquidated damages due to failure to follow
watering restrictions will be the responsibility of the Service
Provider. This is even more important in times of drought.
3.6 OPERATION OF AUTOMATIC IRRIGATION CONTROLLERS
3.6.1 The Service Provider shall protect the security of irrigation
controllers by keeping controller cabinet doors always locked.
Any stolen or vandalized controllers because of unlocked
cabinets or unsecured items shall be replaced at Service
RFP 10137 Transfort Landscape Maintenance Page 16 of 79
Provider's expense.
3.6.2 City of Fort Collins / Transfort shall have access as
needed/required to the system.
3.6.3 Any defective or non-functioning controller shall be reported to
the Transfort Contract Coordinator.
3.7 ROUTINE SYSTEM MAINTENANCE
3.7.1 The Service Provider shall perform a detailed inspection of all
irrigation systems at the beginning of the season. In addition,
irrigation systems should be observed during regular visits in
conjunction with mowing and other services.
3.7.2 Routine maintenance shall include the following maintenance
tasks:
3.7.2.1 Unplugging components i.e. valves, heads, piping,
etc. rendered nonfunctional due to rock, rust, debris,
etc. Making all routine arc adjustments for part circle
heads to promote optimum coverage.
3.7.2.2 Check controller programming and rescheduling as
needed (refer to 3.3 water application rates).
3.7.2.3 Repairing/replacing all broken risers and nipples.
This applies to all risers and nipples regardless of
reason for failure.
3.7.2.4 Replacing batteries in controllers each spring and as
needed.
3.7.2.5 Making all routine arc adjustments for part circle
heads to promote optimum coverage.
3.7.3 Any replacement parts must be the same brand, model
number, nozzle size and must be new unless authorized by
the Project Manager.
3.7.4 Service Provider shall maintain all sprinkler systems in such
a way as to insure proper coverage and full working
capability.
3.8 SPRINKLER SYSTEM REPAIR
3.8.1 Sprinkler system repair shall consist of those operations
not covered in routine sprinkler system maintenance.
3.8.2 For one-time repairs that exceed $200.00 dollars, the Service
Provider shall notify the Transfort Contract Coordinator for
RFP 10137 Transfort Landscape Maintenance Page 17 of 79
approval.
3.8.3 The Service Provider shall make an itemized report on the
monthly billing that list:
3.8.3.1 labor-hours spent,
3.8.3.2 parts used,
3.8.3.3 location (closest address)
3.8.3.4 reason for each repair.
3.8.4 When the Service Provider performs the repair work, it shall be
charged at the per hour rate on the bid form plus materials at
Service Provider cost with no mark-up. City may request
invoices from supply house to verify Service Provider pricing.
3.9 SPRINKLER SYSTEM SPRING ENERGIZATION
3.9.1 The Service Provider will schedule water turn-on through
the Transfort Contract Coordinator or CSU Facilities as
required.
3.9.2 Mainlines shall be filled slowly and each zone activated by
use of the automatic controller visually inspecting each
head for performance and coverage.
3.9.3 Repairs will be made prior to the system being used for irrigation
purposes.
3.9.4 Visual inspection is required at each backflow device for proper
operation.
3.10 SPRINKLER SYSTEM WINTERIZATION
3.10.1 Irrigation system blow out and prep for winter as per system
requirements.
3.10.2 Service Provider shall coordinate with Transfort Contract
Coordinator for system winterization of systems.
3.10.3 Air shall be forced through the system via the blow-out tubes on
the system.
3.10.4 Backflow device will be checked and left as per
system winterization specifications to avoid damage
caused by freezing water.
RFP 10137 Transfort Landscape Maintenance Page 18 of 79
3.10.5 The Service Provider will schedule water turn-off no later
than October 31 of each year.
3.10.6 The Service Provider shall notify the Transfort
Contract Coordinator of the scheduled turn-off date.
3.10.7 Air shall pass through each system expelling all water.
3.10.8 Care shall be taken when blowing out, as excessive pressure
will damage the sprinkler system. It is recommended that air
pressure does not exceed normal irrigation system operation
pressures.
3.10.9 Backflow device ball valves should be left in a partial open
or partial closed position to prevent damage from trapped
water that will freeze.
3.10.10 A second blow out may be necessary on larger systems.
3.10.11 Service Provider will be responsible for any freeze damage.
3.10.12 Service Provider will not wrap backflow devices with insulation.
4.0 MOWING
4.1 IRRIGATED TURF GRASS MOWING
4.1.1 All lawn areas included in this contract shall be mowed with
either power reel type or rotary mowers. The mower blades or
reels shall be sharpened and maintained to provide a smooth,
even cut without tearing. The cutting adjustment will provide a
uniform, level cut without ridges or depressions. Mowing shall be
performed so that turf is maintained uniformly between a 3-inch
to 4-inch height.
4.1.2 Lawn shall be maintained at the recommended height to
provide for optimal health of the lawn and root system.
4.1.3 Mowing shall be performed so that no more than one-third (1/3)
of the grass blade is removed during each mowing in returning
the grass to the accepted height or one time per week whichever
is most often.
4.1.4 Mowing may be more than once per week during fast growth
periods.
4.1.5 Any damage to turf, trees, shrubs, sprinkler system
components, buildings, or other objects during trimming or
RFP 10137 Transfort Landscape Maintenance Page 19 of 79
mowing operations shall be repaired within 15 days of incident
at the Service Provider's expense.
4.2 MOWING FREQUENCY IRRIGATED TURF
4.2.1 All irrigated turf areas (including areas where only trees are
irrigated) will be mowed on a weekly basis or when a mowing
would cut one third of the grass blade, whichever is most often.
Service Provider to submit a full schedule of all services to be
provided to Project Manager for approval at the beginning of
each season.
4.3 MOWING FREQUENCY NON-IRRIGATED TURF
4.3.1 Mowing shall be performed depending on the growth of the turf.
This turf will grow rapidly in the early season and go dormant
with the heat of summer and may pick up again in the cool of
fall. The last mowing should be timed to either pick up or mulch
the remaining leaves of the season. Service Provider to submit
a full schedule of all services to be provided to Project Manager
for approval at the beginning of each season if requested. The
Service Provider should plan on 12 mowing’s, scheduled
approximately as follows:
Month Mowing
Frequency Non-
1
4
June 3
July 1
1
1
1
12
4.3.2 STC and DTC locations have detention areas with natural
grasses. These areas should be mowed once per month and
the grass should remain at least 5” high. Any pollinator plants
in the detention area should be mowed around with care.
RFP 10137 Transfort Landscape Maintenance Page 20 of 79
5.0 EDGING AND TRIMMING
5.1 TURF GRASS
5.1.1 Turf edges will be trimmed after each mowing.
5.1.2 Grass around all obstructions will be trimmed to match the
height of the open turf areas.
5.1.3 Trimming around irrigation system sprinkler heads shall be
done to permit maximum water coverage by the system.
5.1.4 Extreme care shall be used when trimming around trees and
objects. Do not come into contact with the base of the tree
while trimming.
5.1.5 Any marks or damage to trees or shrubs will result in a
discount or replacement, as necessary, at the service
provider's expense.
5.1.6 Any marks or damage to objects will be repaired or replaced at
the Service Providers’ expense.
6.0 CLIPPINGS REMOVAL
6.1 CLEAN-UP
6.1.1 Any visible grass clippings and debris on sidewalks,
gutters, streets or parking areas shall be removed
after each mowing.
6.1.2 Excess clippings on turf shall be removed or spread to
eliminate damage to the turf.
6.1.3 Removal or hauling of lawn, tree, brush clippings and
debris shall be done after each service.
7.0 WEED CONTROL
7.1 WEED CONTROL IN TURF AREAS
7.1.1 All landscaped areas within the specified maintenance areas
shall be kept free of weeds. Weeds are defined as any plant
material not intended for placement in the landscape.
7.1.2 Rock, mulch or barked landscaped areas shall be kept free of
weeds.
7.1.3 Weed control twice annually minimum, more often if needed.
7.1.4 Weeding may be done manually or using selective (2-4 D) and
or pre emergent.
7.1.5 The use of any restricted herbicides or soil sterilant is prohibited.
RFP 10137 Transfort Landscape Maintenance Page 21 of 79
7.1.6 Extreme care shall be used when applying herbicides so as
not to damage desirable plants or the health of other humans
or animals. City of Fort Collins, Transportation Contract
Coordinator needs to be notified of any herbicide application
planned near trees and other woody plants.
7.1.7 The Service Provider shall post all areas with flags to indicate
that an herbicide application has taken place (include the
company name and contact phone #).
7.1.8 The flags shall be picked up three working days after
the herbicide application.
7.1.9 Observation of the effectiveness of the herbicide shall be
monitored.
7.1.10 The Service Provider shall follow and adhere to all State,
County and Local regulations pertaining to herbicide
application and use; in addition to any weed ordinances
that may be in effect.
7.1.11 The Service Provider will replace any desirable plants or
trees damaged beyond recovery because of herbicide use.
Costs to replace these plants or trees will be reviewed and
assigned to the responsible party.
7.1.12 Herbicide use should not take place within the drip line of any
tree.
7.1.13 Herbicide applications should be made on a timely basis to
avoid seed head development.
7.1.14 Only one broadleaf weed application will be required per
year for non-irrigated turf grass.
7.1.15 All irrigated turf grass shall be on an as needed basis.
7.1.16 All herbicide applications shall be recorded for the monthly
report.
7.2 WEED CONTROL IN SHRUB BED AREAS
7.2.1 Shrub beds shall be kept weed and debris free.
7.2.2 Weed growth in shrubs and shrub beds shall be controlled
on a minimum monthly basis.
7.2.3 Weeds and grass shall be removed by hand pulling only.
Areas and flower beds as needed.
8.0 OTHER TURF NEEDS
RFP 10137 Transfort Landscape Maintenance Page 22 of 79
8.1 FERTILIZATION
8.1.1 The Service Provider shall take soil samples and have them
analyzed by a qualified laboratory.
8.1.2 The Service Provider shall make a written recommendation
for fertilization requirements. A schedule for fertilization will
be drawn up and submitted for approval of the Transfort
Contract Coordinator.
8.1.3 A minimum of one spring and one late fall application is
needed for irrigated turf.
8.1.4 No fertilization will be required for non-irrigated turf or shrub
beds.
8.2 AERATION
8.2.1 Aeration will be done once a year in the spring.
9.0 LITTER, TRASH, DEBRIS AND PRUNING
9.1 GENERAL
9.1.1 All areas covered under this contract shall be kept free of all
trash, debris, tree limbs, branches, and other foreign matter
on a weekly basis during the growth season.
9.2 PREMOWING CLEAN UP
9.2.1 The Service Provider will remove all paper, tree branches and
limbs, rubbish, or other debris from each area prior to mowing.
Mowing over paper and debris is considered an unsafe and
unacceptable practice.
9.3 SPRING CLEAN UP
9.3.1 The Service Provider shall meet with the Transfort Contrat
Coordinator prior to spring clean-up to review spring clean-
up needs at each location covered in the contract.
9.3.2 The Service Provider, during the first four weeks, shall remove all
debris, leaves, paper, branches, rubbish, etc. from all areas
before any other maintenance activities commence.
9.3.3 Debris, leaves, trash shall be collected from the curb gutters and removed.
9.3.4 Landscaped rock, mulch or barked areas shall be cleaned
up and removal of debris leaves and trash.
RFP 10137 Transfort Landscape Maintenance Page 23 of 79
9.4 FALL CLEAN UP
9.4.1.1Service Provider is responsible for leaves being
removed or mulched as appropriate.
9.4.2 Leaves and debris shall be removed from all shrub areas.
9.4.3 Leaves and debris shall be removed from all sidewalk
and gutter areas around facilities and parking areas.
9.4.4 Landscaped rock, mulch or barked areas shall be cleaned
up and removal of debris leaves and trash.
9.4.5 Removal or approved mowing with a mulching mower
(attachment) shall be the methods used to control the
build-up of falling leaves.
9.4.6 The final mowing of the season shall be after 90% of
leaves have fallen to promote a well-cared for looking
turf.
9.4.7 Leaves must be removed from all shrub beds and other
areas where leaves collect on parking lot gutters and
walk-ways.
9.5 TREE SUCKER GROWTH
9.5.1.1Suckers shall be removed from trees, lawns, and shrub
beds as they appear by clipping.
9.6 SHRUB PRUNING
9.6.1 Shrubs and bushes shall be kept trimmed so they hold a
compact shape and do not extend over sidewalks or
parking areas.
9.7 TREE PRUNING
9.7.1 The City shall do all tree pruning.
9.7.2 Service Provider will request all tree pruning through
the Transfort Contract Coordinator.
9.7.3 The Transfort Contract Coordinator shall request any trees
that need to be pruned for the safety of Service Provider
personnel through the City Forestry Division.
9.8 HARDSCAPING
RFP 10137 Transfort Landscape Maintenance Page 24 of 79
9.8.1 General: Service Provider to monitor areas at all three
facilities where there is hardscaping such as rocks, pavers,
and stones, for damage, wear and tear as well as safety
concerns.
9.8.2 Repairs: For one-time repairs that exceed $200.00 dollars,
the Service Provider shall notify the Transfort Contract
Coordinator for approval.
10.0 SERVICE PROVIDER WORK RATING
10.1 WORK RATING
10.1.1 The quality of work and performance are important to
City of Fort Collins Transfort and reflect on the City,
Transfort and the Service Provider. To establish
compliance with the specifications found in this Scope
of Work, the following late/deficient project delivery
discounts shall be issued in case of insufficient
performance by the Service Provider. Transfort
Contract Coordinator shall rate the quality and
performance.
10.2 LATE/DEFICIENT PROJECT DELIVERY LIQUIDATED
DAMAGES
10.2.1 A liquidated damage shall be invoked when an
inspection report reveals a maintenance item (i.e.,
mowing, trimming, sprinkler maintenance, weeding,
trash pickup, shredding of trash, etc.) was done
unsatisfactorily in accordance with the standards set
forth in this Scope of Work. The Service Provider will
be given a maximum of two working days to correct
the deficient work. If the work after two working days
remains unsatisfactory, the following percentage of
the total calculated monthly billing would be deducted
as a discount:
Number of Deficient
Maintenance Operations
the Service Provider may be subject to the default provision of the contract.
RFP 10137 Transfort Landscape Maintenance Page 25 of 79
Damage to trees by string trimmers or mowers will be result in a Liquidated Damage of
$25.00 per occurrence. If the Transfort Contract Coordinator is notified prior to an
inspection notice, the Liquidated Damage would be reduced to $10.00. Any Liquidated
Damages would be deducted from the next billing.
10.3 NONRECOVERY OF LIQUIDATED DAMAGE BY SERVICE
PROVIDER
10.3.1 Money withheld as a Liquidated Damage from any
monthly payment due the Service Provider will be considered
a forfeiture on the part of the Service Provider and not
recoverable.
10.3.2 The intent of this contract is to provide a well-
maintained landscape in compliance with the
specifications. Adherence to the specifications will make
it unnecessary to invoke Liquidated Damages.
B. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: March 14, 2025
• Pre-Proposal Meeting: 9:00 AM MT on March 26, 2025
• Question deadline: 3:00 PM MT on April 2, 2025
• Final Addendum Issued: April 7, 2025
• Proposal due date: 3:00 PM MT on April 11, 2025
• Interviews (tentative): Week of April 21, 2025
• Award of Contract (tentative): April 25, 2025
C. Interviews
In addition to submitting a written proposal, the top-rated Service Providers may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
to provide an overview of the company, approach to the project and to address questions.
The evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
Instead of traditional in-person interviews for the optional interview session, the City may
opt to use alternate methods including, but not limited to remote interviews through a
platform such as Microsoft Teams.
D. Subcontractors/Subconsultants
Service Provider will be responsible for identifying any subcontractors and/or
subconsultants in their proposal. Please note that the City will contract solely with the
RFP 10137 Transfort Landscape Maintenance Page 26 of 79
awarded Service Provider; therefore, subcontractors and/or subconsultants will be the
responsibility of the Service Provider.
E. Financial Qualifications (CONFIDENTIAL)
Service Providers selected as finalists may be required to submit a banking reference and
the most recent financial statement (audited preferred) including balance sheet and
income statement, as well as a statement of cash flows (the “Financial Information”).
F. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
G. Fees, Licenses, Permits
The successful Service Provider shall be responsible for obtaining any necessary
licenses, fees or permits without additional expense to the City. All vehicles and equipment
shall be properly licensed and insured, carry the appropriate permits and be placarded as
required by law.
H. Laws and Regulations
The Service Provider agrees to comply fully with all applicable local, State of Colorado
and Federal laws and regulations and municipal ordinances to include American
Disabilities Act (ADA).
I. Work Orders
The awarded Service Provider(s) will be required to sign the City’s Work Order Type
Agreement, a sample of which is attached as Section VI for reference purposes. In the
event that the City has agreements with multiple Service Providers for the Work, the City
reserves the right to request proposals for individual Work Order assignments from the
awarded Service Providers or assign Work Orders directly to a Service Provider at its sole
discretion. Selection for individual Work Orders may be based on, but not limited to,
availability, approach, prior experience, firm capability, and cost.
Individual Work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Agreement). Each Work Order must include a start and completion
date, total cost and a Scope of Work. Subsequent supporting documentation pages may
include a project schedule, deliverables, hours, cost detail supporting total cost, and
personnel details. Fees outlined in the Work Order will conform with those stated in the
Agreement.
No Work Order over $7,500 will be considered valid until signed, at a minimum, by the
Service Provider, project manager and Purchasing Department representative.
Depending on the cost and nature of the Work, additional signature authorization may be
required. Any changes to the dates, cost or scope of any Work Order must be agreed
upon in writing utilizing the City’s Change Order (included in the Agreement) and will not
be considered valid until signed, at a minimum, by the Service Provider, project manager
and Purchasing Department representative.
J. Invoicing and Payment
RFP 10137 Transfort Landscape Maintenance Page 27 of 79
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Service Provider each month
following the submittal of a correct invoice by the Service Provider indicating the project
name, Purchase Order number, task description, hours worked, personnel/work type
category, hourly rate for each employee/work type category, date of the work performed
specific to the task, percentage of that work that has been completed by task, 3rd party
supporting documentation with the same detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Service Provider and the City will negotiate an appropriate unit price for the service prior
to the Service Provider initiating such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowledgement form). Font shall
be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Service Providers are required to provide detailed written responses to the following items in
the order outlined below. The responses shall be considered technical offers of what Service
Providers propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the Service
Providers include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Service Provider Information
1. Describe the Service Provider’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
RFP 10137 Transfort Landscape Maintenance Page 28 of 79
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per
the scope above. The narrative should include any options that may be beneficial
for the City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Describe the methods and timeline of communication your firm will use with
Transfort’s Contract Coordinator and other parties.
4. Provide a narrative describing how the Service Provider trains staff on best
management practices and safety.
5. Briefly discuss how you will comply with the requirement of the Department of
Public Health and Environment Air Quality Control Commission Regulation 29
Emission Reduction Requirements for Lawn and Garden Equipment – 5 CCR
1001-33 (Regulation #29).
6. Identify what portion of work, if any, may be subcontracted.
D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and sub consultants with titles and
their specific task assignment for this Agreement shall be provided in this
section.
2. A list of qualifications for your firm and qualifications and experience of the
specific staff members proposed to perform the consulting services described
above.
3. Provide a minimum of three similar projects with public agencies in the last 5
years that have involved the staff proposed to work on this project. Include the
owner’s name, title of project, beginning price, ending price, contact name, email
and phone number, sub-consultants on the team and a brief description of the
work and any change orders.
4. References (current contact name, current telephone number and email address)
from at least three similar projects with similar requirements that have been
completed within the past five (5) years and that have involved the staff proposed
to work on this project. Provide a description of the work performed. The Service
Provider authorizes the City to verify any and all information contained in the
Service Provider’s submittal from references contained herein and hereby
releases all those concerned providing information as a reference from any
liability in connection with any information the give.
5. List of Project Personnel: This list should include the identification of the contact
person with primary responsibility for this Agreement, the personnel proposed for
this Agreement, and any supervisory personnel, including partners and/or sub
RFP 10137 Transfort Landscape Maintenance Page 29 of 79
consultants, and their individual areas of responsibility.
6. A resume for each professional and technical person assigned to the
Agreement, including partners and/or sub consultants, shall be submitted.
Please limit resumes to one page or less.
7. Describe the availability of project personnel to participate in this project in the
context of the Service Provider firm’s other commitments.
E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Service Provider.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Cost and Work Hours
In your response to this proposal, please provide the following:
Cost by Task: Provide the cost of each task identified in the attached Price Proposal
Sheet. It shall be each Service Provider’s responsibility to familiarize themselves
with the complexities involved for all work.
RFP 10137 Transfort Landscape Maintenance Page 30 of 79
In accordance with Federal procurement regulations time-and-materials contracts
must comply with the following:
(i) The actual cost of materials; and
(ii) Direct labor hours charged at fixed hourly rates that reflect wages,
general and administrative expenses, and profit.
G. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Service Provider. The Service Provider is required to
review this Agreement and indicate any objections to the terms of the contract. If revisions
to the contractual terms are requested, provide suggested revisions.
H. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Service Provider has read and agrees
to be fully bound by all of the terms, conditions and other provisions set forth in the RFP.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Service Providers will be evaluated on the following criteria. This set of criteria will be the
basis for review and assessment of the written proposals and optional interview session.
At the discretion of the City, interviews of the top-rated Service Providers may be
conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
2.0 Scope of Proposal
Does the proposal address all submittal
elements? Does the proposal show an
understanding of the Scope of Work? Are there
any exceptions to the specifications, Scope of
Work or agreement?
4.0 Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Do the persons who will be working on
the project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
RFP 10137 Transfort Landscape Maintenance Page 31 of 79
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
Does the firm demonstrate a commitment to all
three aspects (social, environmental, and
economic) of the Triple Bottom Line (TBL)
methodology of sustainability for this project and
in their company value system as evidenced by
their day-to-day business operating processes,
practices and procedures?
3.0 Cost & Work Hours
Does the proposal include detailed cost break-
down for each cost element as applicable and
are the line-item costs competitive?
RFP 10137 Transfort Landscape Maintenance Page 32 of 79
V. ACKNOWLEDGEMENT
This form may not be redlined and must be submitted with your proposal. Failure to adhere
to these requirements may result in your proposal being rejected.
Service Provider hereby acknowledges receipt of the City of Fort Collins 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 10137 Transfort Landscape Maintenance and
sample Agreement except as otherwise noted. Additionally, Service Provider hereby makes
the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Service Provider’s knowledge and belief.
b. Service Provider commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Service Provider further agrees that the method of award is acceptable.
e. Service Provider also agrees to complete the proposed Agreement with the City of Fort
Collins within 10 days of notice of award. If contract is not completed and signed within
10 days, City reserves the right to cancel and award to the next highest rated firm.
f. Service Provider acknowledges receipt of addenda.
g. Service Provider acknowledges no conflict of interest.
h. Service Provider acknowledges that the City is a governmental entity subject to the
Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals
submitted hereunder are subject to public disclosure by the City pursuant to CORA and
City ordinances. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may
redact text and/or data that it deems confidential or proprietary pursuant to CORA. All
pricing will be considered public records subject to disclosure under CORA and as such
pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.
Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by
CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA, trade secrets, confidential commercial information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives
any and all claims for damages against the City for the City’s good faith compliance with
CORA. All provisions and pricing of any contract resulting from this request for
proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
RFP 10137 Transfort Landscape Maintenance Page 33 of 79
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 34 of 79
VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
MASTER SERVICES AGREEMENT
WORK ORDER TYPE
THIS MASTER SERVICES AGREEMENT (AGREEMENT) made and entered into the day
and year set forth in the Agreement Period section below, by and between THE CITY OF FORT
COLLINS, COLORADO, a Colorado Municipal Corporation (CITY) and , a(n) (ENTER
STATE) [business type], (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 Service. The SERVICE PROVIDER agrees to provide Services in accordance with
any project Work Orders for , issued by the CITY. Such Work Orders will be
incorporated into this Agreement. A blank sample of a Work Order is attached hereto as
Exhibit A, consisting of [# of Pages] and incorporated herein. A general Scope of Services
is attached hereto as Exhibit B, consisting of [# of Pages] and incorporated herein. The
CITY reserves the right to independently solicit any project rather than issuing a Work Order
to the SERVICE PROVIDER for the same pursuant to this AGREEMENT. Irrespective of
references to certain named third parties within this AGREEMENT or any Work Order, the
SERVICE PROVIDER shall be solely responsible for performance of all duties hereunder.
The term Service as used in this AGREEMENT shall include the Services and deliverables
contained in any Work Order issued by the CITY.
The CITY may, at any time during the term of a particular Work Order and without
invalidating the Work Order, make changes to the scope of the particular Service. Changes
shall be agreed upon in writing by the parties by Change Order, a sample of which is
attached hereto as Exhibit C, consisting of [# of Pages] and incorporated herein.
2. Work Order Schedule. The Services to be performed pursuant to this AGREEMENT shall
be initiated as specified on each Work Order. Time is of the essence. Any change in
schedule must be agreed upon in writing by the parties via a Change Order.
3. Changes. The CITY may, at any time during the term of the AGREEMENT, make changes
to the AGREEMENT. Such changes shall be agreed upon in writing by the parties.
4. Agreement Period. This AGREEMENT shall commence , 20 (the Effective
Date) and shall continue in full force and effect until , 20 , unless sooner
terminated as herein provided. In addition, at the option of the CITY, the AGREEMENT may
be extended for additional one (1) year periods not to exceed [choose one] additional one-
year period(s). Renewals and pricing changes shall be negotiated by and agreed to by the
parties only at the time of renewal. Written notice of renewal shall be provided to the
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 35 of 79
SERVICE PROVIDER no later than thirty (30) days before AGREEMENT end. Should
written notice of renewal be delayed, the parties agree that this AGREEMENT may
automatically extend on a month-to-month basis until a renewal is completed. Upon
expiration of the final renewal term, the AGREEMENT may continue but not to exceed one
(1) year if required to complete any active Work Orders in accordance with Section 8-186
of City Code.
5. Early Termination by CITY. Notwithstanding the time periods contained herein, the CITY
may terminate this AGREEMENT at any time without cause or penalty by providing at least
ten (10) calendar days written notice of termination to the 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. SERVICE PROVIDER
shall submit a final invoice within ten (10) calendar days of the effective date of termination.
Payment shall be the SERVICE PROVIDER’s sole right and remedy for termination.
6. Notices. All notices provided under this AGREEMENT shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
SERVICE PROVIDER: CITY: Copy to:
Attn:
PO Box 580
Fort Collins, CO 80522
Email Address
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this AGREEMENT shall be written.
7. Compensation. In consideration of the Services to be performed pursuant to this
AGREEMENT, the CITY agrees to pay the SERVICE PROVIDER on a time and
reimbursable direct cost basis as designated in Exhibit D, consisting of [# of Pages],
attached and incorporated herein. At the election of the CITY, each Work Order may contain
a maximum fee, which shall be negotiated by the parties. Partial payments based upon the
SERVICE PROVIDER’s billings and itemized statements are permissible as defined in the
applicable Work Order. The amounts of any partial payments shall be based upon the
SERVICE PROVIDER’s City-verified progress in completing the Service(s) to be performed
pursuant to the Work Order and upon approval of the SERVICE PROVIDER’s direct
reimbursable expenses. Payment shall be made following acceptance by the CITY of the
Services.
Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the CITY Project
Manager. The cost of the Services completed shall be paid to the SERVICE PROVIDER
following the submittal of a correct itemized invoice by the SERVICE PROVIDER. The CITY
is exempt from sales and use tax. The CITY’s Certificate of Exemption license number is
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 36 of 79
09804502. A copy of the tax exempt license is available upon written request.
The CITY pays undisputed invoices on Net 30 days from the date of the invoice submittal to
the CITY or, for disputed invoices, Net 30 days from the date of CITY Project Manager’s
approval.
8. Design and Service Standards. The SERVICE PROVIDER warrants and shall be
responsible for the professional quality, technical accuracy, accessibility requirements
under ADA and Public Accommodations and Technology Accessibility sections below,
timely completion and the coordination of all Services rendered by the SERVICE
PROVIDER, and the Project Instruments as defined in the Project Instruments and License
Section below. The SERVICE PROVIDER shall, without additional compensation, promptly
remedy and correct any errors, omissions, or other deficiencies from such standards.
9. Indemnification. The SERVICE PROVIDER shall indemnify, defend, and hold harmless the
CITY, and its officers, agents and employees, to the maximum extent permitted under
Colorado law, against and from any and all actions, suits, claims, demands or liability of
any character whatsoever claimed by SERVICE PROVIDER or third parties against the
CITY arising out of or related to this AGREEMENT (not limited to contract, tort, intellectual
property, accessibility, or otherwise). This obligation extends to reimbursement of the CITY’s
costs and reasonable attorney fees.
10. Insurance. The SERVICE PROVIDER shall maintain insurance in accordance with Exhibit
[choose one] consisting of [# of Pages], attached hereto and incorporated herein.
11. Appropriation. To the extent this AGREEMENT, or any provision in it, requires payment of
any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple
fiscal year debt or financial obligation of the CITY, it shall be subject to annual appropriation
by the Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City
Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The CITY shall
have no obligation to continue this AGREEMENT in any fiscal year for which there are no
pledged cash reserves or supporting appropriations pledged irrevocably for purposes of
payment obligations herein. Non-appropriation by the CITY shall not be construed as a
breach of this AGREEMENT.
12. Project Instruments and License.
a. Upon execution of this AGREEMENT, the SERVICE PROVIDER grants to the CITY
an irrevocable, unlimited and royalty free license to use any and all sketches,
drawings, as-builts, specifications, designs, blueprints, data files, calculations, studies,
analysis, renderings, models, plans, reports, and other Work Order deliverables
(Project Instruments), in any form whatsoever and in any medium expressed, for
purposes of constructing, using, maintaining, altering and adding to the project,
provided that the CITY substantially performs its obligations under the
AGREEMENT. The license granted hereunder permits the CITY and third parties
reasonably authorized by the CITY to reproduce applicable portions of the Project
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 37 of 79
Instruments for use in performing the Services or construction for the project. In
addition, the license granted hereunder shall permit the CITY and third parties
reasonably authorized by the CITY to reproduce and utilize the Project Instruments for
similar projects, provided however, in such event the SERVICE PROVIDER shall not
be held responsible for the design to the extent the CITY deviates from the Project
Instruments. This license shall survive termination of the AGREEMENT by default or
otherwise.
b. Upon payment under each applicable Work Order, Project Instruments rendered by
the SERVICE PROVIDER shall become the CITY’s property. The SERVICE
PROVIDER shall provide the CITY with the Project Instruments in electronic format in
a mutually agreed upon file type.
13. CITY Project Manager. The CITY Project Manager will be shown on the specific Work Order
and shall make, within the scope of the CITY Project Manager’s authority, all necessary and
proper decisions with reference to the Services requested under the applicable Work Order.
All requests for contract interpretation, change orders and other clarification or instruction
shall be directed to the CITY Project Manager.
The initial CITY Project Manager for this AGREEMENT is Meghan Allen and can be reached
at mallen@fcgov.com . The CITY Project Manager is subject to change by the CITY.
14. Project Status Report. Project status reports may be required by Work Order and shall be
submitted to the CITY Project Manager. Failure to provide any required status report may
result in the suspension of the processing of any invoice.
15. Independent Contractor. The Services to be performed by the SERVICE PROVIDER are
those of an independent contractor and not of an employee of the CITY. The CITY shall not
be responsible for withholding any portion of the SERVICE PROVIDER’s compensation
hereunder for the payment of FICA, Worker’s Compensation, unemployment insurance,
other taxes or benefits or for any other purpose.
16. 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.
17. Subcontractors/Subconsultants. SERVICE PROVIDER may not subcontract any of the
Work set forth in the subsequent Work Orders 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;
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 38 of 79
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.
The SERVICE PROVIDER shall require all subcontractor/subconsultants performing
Service(s) hereunder to maintain insurance coverage naming the CITY as an additional
insured under this AGREEMENT in accordance with Exhibit [choose one]. The SERVICE
PROVIDER shall maintain a copy of each subcontractor’s/subconsultant’s certificate
evidencing the required insurance. Upon request, the SERVICE PROVIDER shall provide
the CITY with a copy of the certificate(s) within two (2) business days.
The SERVICE PROVIDER shall be responsible for any liability directly or indirectly arising
out of the Services performed under this AGREEMENT by a subcontractor/subconsultant,
which liability is not covered by the subcontractor/subconsultant's insurance.
18. Acceptance Not Waiver. The CITY's approval of Project Instruments furnished hereunder
shall not in any way relieve the SERVICE PROVIDER of responsibility for the quality or
technical accuracy of the Services. 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 the CITY under this AGREEMENT.
19. Warranty.
a. SERVICE PROVIDER warrants that all Services performed hereunder shall be
performed with the highest degree of competence and care in accordance with
accepted standards for Services of a similar nature.
b. Unless otherwise provided in the AGREEMENT, all materials and equipment
incorporated into any Services shall be new and, where not specified, of the most
suitable grade of their respective kinds for their intended use, and all Services shall be
acceptable to CITY.
c. SERVICE PROVIDER warrants all equipment, materials, labor and other Services,
provided under this AGREEMENT, except CITY-furnished materials, equipment and
labor, against defects and nonconformances in design, materials and Service quality
for the original manufacturer’s warranty term or a period beginning with the start of the
Services and ending twelve (12) months from and after final acceptance under the
AGREEMENT, whichever is time is longer, regardless of 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 the 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.
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 39 of 79
20. 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, that party may be declared in default upon notice.
21. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice 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 themselves of any other remedy at law or equity.
In the event of a dispute between the parties regarding this AGREEMENT, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
Technology Accessibility sections.
22. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all
Exhibits, Work Orders and other documents incorporated herein, shall constitute the entire
AGREEMENT of the parties regarding this transaction and the matter recited herein. This
AGREEMENT shall supersede any prior agreements, promises, or understandings as to the
matter recited herein. The AGREEMENT shall be binding upon the 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. Covenants or
representations not contained in this AGREEMENT shall not be binding on the parties. In
the event of a conflict between the terms of the AGREEMENT and any exhibit or attachment,
the terms of the AGREEMENT shall prevail. Each person executing this AGREEMENT
affirms that they have the necessary authority to sign on behalf of their respective party and
to bind such party to the terms of this AGREEMENT.
23. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and
Municipal Code shall govern the construction, interpretation, execution and enforcement of
this AGREEMENT—without regard to choice of law or conflict of law principles. The parties
further agree that Larimer County District Court is the proper venue for all disputes. If the
CITY subsequently agrees in writing that the matter may be heard in federal court, venue
will be in Denver District Court for the District of Colorado. In the event any provision of
this AGREEMENT shall be held invalid or unenforceable by any court of competent
jurisdiction such holding shall not invalidate or render unenforceable any other provision of
this AGREEMENT.
24. Use by Other Agencies. The CITY reserves the right to allow other state and local
governmental agencies, political subdivisions, and/or school districts (collectively Agency)
to use the CITY’s award determination to the SERVICE PROVIDER. Use by any other entity
shall not have a negative impact on the CITY in the current term or in any future terms.
Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 40 of 79
the CITY in connection with the exercise of any rights hereunder, and neither party shall
have any right or authority to assume or create any obligation or responsibility on behalf of
the other. The other Agency shall be solely responsible for any debts, liabilities, damages,
claims or expenses incurred in connection with any agreement established solely between
the Agency and the SERVICE PROVIDER. The CITY’s concurrence hereunder is subject
to the SERVICE PROVIDER’s commitment that this authorization shall not have a negative
impact on the work to be completed for the CITY.
25. Prohibition Against Unlawful Discrimination. The SERVICE PROVIDER acknowledges that
the CITY, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78
Stat. 252, 42 US.C. § 2000d to 2000d-4), C.R.S. § 24-34-401, and any associated State or
Federal laws and regulations, strictly prohibits unlawful discrimination based on an
individual’s gender (regardless of gender identity or gender expression), race, color, religion,
creed, national origin, ancestry, age forty (40) years or older, marital status, disability, sexual
orientation, genetic information, or other characteristics protected by law. Pursuant to CITY
policy, sexual orientation means a person’s actual or perceived orientation toward
heterosexuality, homosexuality, and bisexuality. The CITY also strictly prohibits unlawful
harassment in the workplace, including sexual harassment. Further, the CITY strictly
prohibits unlawful retaliation against a person who engages in protected activity. Protected
activity includes an employee complaining that he or she has been discriminated against in
violation of the above policy or participating in an employment discrimination proceeding.
The SERVICE PROVIDER shall comply with the CITY’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This
requirement applies to all third-party vendors and their subcontractors at every tier.
26. ADA and Public Accommodations. In performing the Service(s) required hereunder, the
SERVICE PROVIDER agrees to meet all the requirements of the Americans with Disabilities
Act of 1990, § 24-85-101, et seq., C.R.S., and all applicable rules and regulations (ADA),
and all applicable Colorado public accommodation laws, which are imposed directly on the
SERVICE PROVIDER, or which would be imposed on the CITY as a public entity.
27. Technology Accessibility. The SERVICE PROVIDER represents that the Project
Instruments hereunder, shall fully comply with all applicable provisions of C.R.S. §
24-85-101, and the Accessibility Standards for Individuals with a Disability, as established
by the State of Colorado Governor’s Office of Information Technology (OIT) pursuant to
C.R.S. § 24-85-103 (2.5), including all updates and amendments to those standards as
provided by the OIT. The SERVICE PROVIDER shall also comply with all State of Colorado
technology standards related to technology accessibility and with Level AA of the most
current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the
State of Colorado technology standards.
To confirm that the Project Instruments meet these standards, the SERVICE PROVIDER
may be required to demonstrate compliance. The SERVICE PROVIDER shall indemnify,
save, and hold harmless the CITY against any and all costs, expenses, claims, damages,
liability, court awards and other amounts (including attorney fees and related costs) incurred
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 41 of 79
by the CITY in relation to the SERVICE PROVIDER’s failure to comply with C.R.S. §
24-85-101, or the Accessibility Standards for Individuals with a Disability as established by
OIT pursuant to C.R.S. § 24-85-103 (2.5).
The CITY may require the SERVICE PROVIDER’s compliance to the State’s Accessibility
Standards to be determined by a third party selected by the CITY to attest to the Project
Instruments and software compliance with C.R.S. § 24-85-101, and the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. §
24-85-103 (2.5).
28. Data Privacy. SERVICE PROVIDER will comply with all applicable data privacy regulations
and laws, specifically including Colorado’s Privacy Act C.R.S. § 6-1-1301 (the Privacy Act).
SERVICE PROVIDER shall ensure that each person processing any personal data
connected to the Services is subject to a duty of confidentiality with respect to the data. If
applicable, SERVICE PROVIDER shall require that any subcontractors meet the obligations
of SERVICE PROVIDER with respect to any personal data connected to this AGREEMENT
and corresponding Work Orders. The parties agree that upon termination of the Services
that SERVICE PROVIDER shall, at the CITY’s choice, delete or return all personal data to
the CITY unless retention of the personal data is required by law. SERVICE PROVIDER
shall make available to the CITY all information necessary to demonstrate compliance with
the obligations of the Privacy Act. SERVICE PROVIDER shall allow for, and contribute to,
reasonable audits and inspections by the CITY or the CITY’s designated auditor.
29. Governmental Immunity Act. No term or condition of this AGREEMENT shall be construed
or interpreted as a waiver, express or implied, of any of the notices, requirements,
immunities, rights, benefits, protections, limitations of liability, and other provisions of the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101 and under any other applicable
law.
30. Colorado Open Records Act. The SERVICE PROVIDER acknowledges the CITY is a
governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-201
(CORA), and that this AGREEMENT and any Work Orders, Amendments, Project
Instruments, and other documents in the CITY’s possession may be considered public
records subject to disclosure under CORA. The SERVICE PROVIDER hereby waives any
claim for damages against the CITY for the CITY’s efforts to comply with CORA.
31. Delay. Time is of the essence. Subject to the Force Majeure section of this AGREEMENT,
if the SERVICE PROVIDER is temporarily delayed in whole or in part from performing its
obligations, then the SERVICE PROVIDER shall provide written notice to the CITY within
two (2) business days defining the nature of the delay. Provision of written notice under this
Section shall not operate as a waiver of any rights or benefits provided to the CITY under
this AGREEMENT.
32. Force Majeure. No party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 42 of 79
party that could not reasonably have been foreseen and guarded against. Force majeure
includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference
by civil or military authorities, compliance with regulations or orders of military authorities,
and acts of war (declared or undeclared), provided such cause could not have been
reasonably foreseen and guarded against by the affected party. Force majeure shall not
include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the SERVICE PROVIDER must provide written notice to the CITY of
such condition within ten (10) days from the onset of such condition.
33. Dust Control. The SERVICE PROVIDER shall abide by the CITY’s “Dust Control and
Prevention Manual,” which is available for public download at https://www.
fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated
herein by this reference. The CITY has implemented this manual for all projects performed
for the CITY or located within Fort Collins city limits.
34. Special Provisions. Special provisions or conditions relating to the Service(s) to be
performed pursuant to this AGREEMENT are set forth in Exhibit [choose one] -
Confidentiality, consisting of four (4) pages, attached hereto and incorporated herein.
35. Order of Precedence. In the event of a conflict or inconsistency within this AGREEMENT,
the conflict or inconsistency shall be resolved by giving preference to the documents in the
following order of priority:
a. The body of this AGREEMENT (and any written amendment),
b. Exhibits to this AGREEMENT,
c. Work Order(s) (and any applicable Change Order), and
d. the Purchase Order document.
36. Prohibited Terms. Nothing in any Exhibit, Work Order, or other attachment shall be
construed as a waiver of any provision above. Any terms included in any Exhibit, Work
Order, or other attachment that requires the CITY to indemnify or hold SERVICE
PROVIDER harmless; requires the CITY to agree to binding arbitration; limits SERVICE
PROVIDER’s liability; or that conflicts with statute, City Charter or City Code in any way,
shall be void.
[Signature Page Follows]
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 43 of 79
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER
By:
Printed:
Title:
Date:
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 44 of 79
EXHIBIT A
WORK ORDER FORM
PURSUANT TO A MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
SERVICE PROVIDER
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER SERVICES AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
SERVICE PROVIDER agrees to perform the Service(s) identified above and on the attached
forms in accordance with and subject to the terms and conditions contained herein and in the
Master Services Agreement (AGREEMENT) between the parties. This Work Order is
incorporated into the AGREEMENT, and the AGREEMENT and all prior amendments or other
modifications to the AGREEMENT, if any, remain in full force and effect. In the event of a conflict
between or ambiguity in the terms of the AGREEMENT and this Work Order (including the
attached forms) the AGREEMENT as set forth in the Order of Precedence section of the
AGREEMENT shall control.
Pricing stated on this Work Order shall be consistent with the pricing in the AGREEMENT or
subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
The attached forms consisting of [choose # of pages] are hereby accepted and incorporated
herein and Notice to Proceed is hereby given after all parties have signed this document.
SERVICE PROVIDER: ____________________________ Date: ___________________
Name, Title
ACCEPTANCE: Date:
Meghan Allen, CITY Project Manager
REVIEWED: Date:
Adam Hill, Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 45 of 79
EXHIBIT B
GENERAL SCOPE OF SERVICES
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 46 of 79
EXHIBIT C
CHANGE ORDER
NO.
PROJECT TITLE:
SERVICE PROVIDER: [Company Name]
WORK ORDER NUMBER:
PO NUMBER:
ORIGINAL BID/RFP NUMBER & NAME:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED/PENDING CHANGE ORDERS .00
TOTAL THIS CHANGE ORDER .00
TOTAL CHANGE ORDER % OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
SERVICE PROVIDER: ____________________________ Date: ___________________
Name, Title
ACCEPTANCE: Date:
Name, CITY Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 47 of 79
EXHIBIT D
BID SCHEDULE/ COMPENSATION
The following pricing shall remain fixed for the initial term of this AGREEMENT. Any applicable
price adjustments may only be negotiated and agreed to in writing at the time of renewal.
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 48 of 79
EXHIBIT E
INSURANCE REQUIREMENTS
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.
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, 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.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
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 by marking
the appropriate box or adding a statement to this effect on the certificate, for any claims arising
out of work performed under this AGREEMENT.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The SERVICE PROVIDER shall maintain Worker’s
Compensation and Employer’s Liability insurance during the life of this AGREEMENT for all of the
SERVICE PROVIDER's employees engaged in work performed under this AGREEMENT. Workers'
Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per
accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by
Colorado law.
B. General Liability. The SERVICE PROVIDER shall maintain during the life of this AGREEMENT
General 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 General Liability shall not be less than $1,000,000
combined single limits for bodily injury and property damage.
C. Automobile Liability. The SERVICE PROVIDER shall maintain during the life of this AGREEMENT
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 Automobile Liability shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 49 of 79
EXHIBIT F
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by SERVICE PROVIDER under this
AGREEMENT, the parties agree to comply with reasonable policies and procedures with regard to the
exchange and handling of confidential information and other sensitive materials between the parties, as
set forth below.
1. Definitions.
For purposes of this AGREEMENT, the party who owns the referenced information and is disclosing
same shall be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s
information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this AGREEMENT refers to information that is not public
and/or is proprietary, including but not limited to location information, network security system,
business plans, formulae, processes, intellectual property, trade secrets, designs, photographs,
plans, drawings, schematics, methods, specifications, samples, reports, mechanical and electronic
design drawings, customer lists, financial information, studies, findings, inventions, ideas, CITY
customer identifiable information (including account, address, billing, consumption, contact, and
other customer data), utility metering data, service billing records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.”
Nevertheless, SERVICE PROVIDER shall treat as Confidential Information all customer identifiable
information in any form, whether or not bearing a mark of confidentiality or otherwise requested by
the CITY, including but not limited to the non-exclusive list of Confidential Information above. In the
case of disclosure in non-documentary form of non-customer identifiable information, made orally
or by visual inspection, the Disclosing Party shall have the right, or, if requested by the Receiving
Party, the obligation to confirm in writing the fact and general nature of each disclosure within a
reasonable time after it is made in order that it is treated as Confidential Information. Any information
disclosed to the other party before the execution of this AGREEMENT and related to the services
for which SERVICE PROVIDER has been engaged shall be considered in the same manner and be
subject to the same treatment as the information disclosed after the execution of this AGREEMENT
with regard to protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose
of performing its obligations under this AGREEMENT and not in any way detrimental to Disclosing
Party. Receiving Party agrees to use the same degree of care Receiving Party uses with respect to
its own proprietary or confidential information, which in any event shall result in a reasonable
standard of care to prevent unauthorized use or disclosure of the Confidential Information. Except
as otherwise provided herein, Receiving Party shall keep confidential and not disclose Confidential
Information. The CITY and SERVICE PROVIDER shall cause each of their directors, officers,
employees, agents, representatives, and subcontractors to become familiar with, and abide by, the
terms of this Exhibit, which shall survive this AGREEMENT as an on-going obligation of the parties.
SERVICE PROVIDER shall not use such information to obtain any economic or other benefit for
itself, or any third party, other than in the performance of obligations under this AGREEMENT.
4. Exclusions from Definition.
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 50 of 79
The term “Confidential Information” as used herein does not include any data or information which
is already known to the Receiving Party or which before being divulged by the Disclosing Party: (a)
was generally known to the public through no wrongful act of the Receiving Party; (b) has been
rightfully received by the Receiving Party from a third party without restriction on disclosure and
without, to the knowledge of the Receiving Party, a breach of an obligation of confidentiality; (c) has
been approved for release by a written authorization by the other party hereto; or (d) has been
disclosed pursuant to a requirement of a governmental agency or by operation of law, subject to
Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by interrogatories,
requests for information or documents, subpoena, civil investigative demand or similar process, or
by federal, state, or local law, including without limitation, the Colorado Open Records Act) to
disclose any Confidential Information, the parties agree the Receiving Party will provide the
Disclosing Party with immediate notice of such request, so the Disclosing Party may seek an
appropriate protective order before disclosure or waive the Receiving Party’s compliance with this
Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information to any
person, directly or indirectly, nor use it in any way, except as required by law or authorized in writing
by Disclosing Party.
6. Red Flags Rules.
If applicable, SERVICE PROVIDER must implement reasonable policies and procedures to detect,
prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules
found at 16 Code of Federal Regulations part 681. Further, SERVICE PROVIDER must take
appropriate steps to mitigate identity theft if it occurs with any of the CITY’s covered information and
must notify the CITY in writing within twenty-four (24) hours of discovery of any breaches of security
or Red Flags to the CITY.
7. Data Protection and Data Security.
SERVICE PROVIDER shall have in place information security safeguards designed to conform to
or exceed industry best practices regarding the protection of the confidentiality, integrity and
availability of Confidential Information and shall have written agreements requiring any
subcontractor to meet those standards. These information security safeguards (the “Information
Security Program”) shall be materially consistent with, or more stringent than, the safeguards
described in this Exhibit.
(a) SERVICE PROVIDER’s information security safeguards shall address the following elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
• Network and Security Monitoring
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 51 of 79
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security Controls,
and Security Procedures, Policies and Logging)
• Incident Response
• Vulnerability Assessments
• Hosted Services
• Personnel Security
(b) Subcontractors. SERVICE PROVIDER may use subcontractors, though such activity shall not
release or absolve SERVICE PROVIDER from the obligation to satisfy all conditions of this
AGREEMENT, including the data security measures described in this Exhibit, and to require a
substantially similar level of data security, appropriate to the types of services provided and
Confidential Information received, for any subcontractor SERVICE PROVIDER may use.
Accordingly, any release of data, confidential information, or failure to protect information under
this AGREEMENT by a subcontractor or affiliated party shall be attributed to SERVICE
PROVIDER and may be considered to be a material breach of this AGREEMENT.
8. Information Storage. Confidential Information is not to be stored on any local workstation, laptop,
or media such as CD/DVD, USB drives, external hard drives or other similar portable devices unless
the SERVICE PROVIDER can ensure security for the Confidential Information so stored.
Workstations or laptops to be used in the Services will be required to have personal firewalls on
each, as well as have current, active anti-virus definitions.
9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in this
Exhibit shall apply during the term of the Services and or AGREEMENT and at any time thereafter
unless specifically authorized by the CITY in writing.
10. Termination Remedy. If SERVICE PROVIDER breaches any of the terms of this Exhibit, in the
CITY’s sole discretion, the CITY may immediately terminate this AGREEMENT and withdraw
SERVICE PROVIDER’s right to access Confidential Information.
11. Return of Information. Notwithstanding any other provision of this AGREEMENT to provide Project
Instruments and work product, all material, i.e., various physical forms of media in which Confidential
Information is stored, including but not limited to writings, drawings, tapes, diskettes, prototypes or
products, shall remain the sole property of the Disclosing Party and, upon request, shall be promptly
returned, together with all copies thereof to the Disclosing Party. Upon return of such materials, all
digital and electronic data shall also be deleted in a non-restorable way by which it is no longer
available to the Receiving Party. Upon Disclosing Party’s request, written verification of the deletion
(including date of deletion) is to be provided to the Disclosing Party within ten (10) days after
completion of engagement, whether it be via termination, completion or otherwise.
12. Injunctive Relief. SERVICE PROVIDER Receiving Party acknowledges that the Disclosing Party
may, based upon the representations made in this AGREEMENT, disclose security information that
is critical to the continued success of the Discloser’s business. Accordingly, Receiving Party agrees
that the Disclosing Party does not have an adequate remedy at law for breach of this AGREEMENT
and therefore, the Disclosing Party shall be entitled, as a non-exclusive remedy, and in addition to
an action for damages, to seek and obtain an injunction or decree of specific performance or any
other remedy, from a court of competent jurisdiction to enjoin or remedy any violation of this
AGREEMENT.
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 52 of 79
EXHIBIT G
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
TABLE OF CONTENTS
1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES ........................................................... 55
2. RECORDS RETENTIONS AND ACCESS TO SITES OF PERFORMANCE .................................................... 55
3. FEDERAL CHANGES ............................................................................................................................ 55
4. CIVIL RIGHTS (EEO, TITLE VI & ADA) ................................................................................................... 56
5. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ......................................... 60
6. ENERGY CONSERVATION REQUIREMENTS......................................................................................... 60
7. VETERANS EMPLOYEMENT ................................................................................................................ 60
8. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (2 CFR §200.216) ........................................................................................................... 60
9. TERMINATION PROVISIONS (APPENDIX II TO PART 200) ................................................................... 61
10. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION ...................................................................... 61
11. NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED TO FRAUD,
WASTE, ABUSE OR OTHER LEGAL MATTERS ...................................................................................... 62
12. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) ...................................................................... 63
13. BUILD AMERICA, BUY AMERICA REQUIREMENTS NOT APPLICABLE .............................................. 63
14. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACT ........................................................... 64
15. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES OR BREACH – (APPENDIX II TO PART 200)
NOT APPLICABLE ..................................................................................................................... 64
16. CARGO PREFERENCE REQUIREMENTS NOT APPLICABLE ............................................................. 65
17. FLY AMERICA REQUIREMENTS NOT APPLICABLE ........................................................................ 65
18. DAVIS-BACON ACT (APPENDIX II TO PART 200) NOT APPLICABLE ................................................ 65
19. COPELAND ANTI-KICKBACK ACTS (APPENDIX II TO PART 200) ..................................................... 65
20. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (APPENDIX II TO PART 200) NOT
APPLICABLE............................................................................................................................. 66
21. BONDING REQUIREMENTS (2 CRF 200.326) NOT APPLICABLE ..................................................... 67
22. EQUAL EMPLOYMENT OPPORTUNITY (APPENDIX II TO PART 200) NOT APPLICABLE ..................... 67
23. SEISMIC SAFETY REQUIREMENTS NOT APPLICABLE .................................................................... 70
24. SPECIAL DOL CLAUSE NOT APPLICABLE ..................................................................................... 70
25. NONCONSTRUCTION EMPLOYEE PROTECTION (CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT) .............................................................................................................................. 70
26. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS NOT APPLICABLE .......................................... 70
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 53 of 79
27. CHARTER SERVICES NOT APPLICABLE ........................................................................................ 71
28. SCHOOL BUS OPERATIONS NOT APPLICABLE ............................................................................. 71
29. DRUG AND ALCOHOL TESTING NOT APPLICABLE ........................................................................ 72
30. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT NOT APPLICABLE ............... 73
31. DISADVANTAGED BUSINESS ENTERPRISE (DBE) & PROMPT PAYMENT ............................................. 73
32. PROMPT PAYMENT AND RETURN OF RETAINAGE ............................................................................. 73
33. 6002 OF THE SOLID WASTE DISPOSAL ACT (2 CFR 200.322) .............................................................. 73
34. ADA ACCESS ....................................................................................................................................... 74
35. ASSIGNABILITY ................................................................................................................................... 74
36. CITY OF FORT COLLINS BID PROTEST PROCEDURES ........................................................................... 74
37. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 ....................................................................................... 75
38. INCREASING SEAT BELT USE IN THE UNITED STATES ......................................................................... 75
39. REDUCING TEXT MESSAGING WHILE DRIVING .................................................................................. 75
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 54 of 79
1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
a. No Obligation by the Federal Government.
1. The Purchaser and Service Provider 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, Service Provider, or any other party (whether
or not a party to that contract) pertaining to any matter resulting from the underlying
contract.
2. The Service Provider 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 sub-contractor who will be subject to
it provisions.
2. RECORDS RETENTIONS AND ACCESS TO SITES OF PERFORMANCE
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
1. For a period of three years following Contract closing, the Service Provider and its
subcontractors shall maintain, preserve and make available to the City, the FTA
Administrator, the Comptroller General of the United States, and any of their authorized
representatives, access at all reasonable times to any books, documents, papers and
records of Service Provider which are directly pertinent to this Contract for the purposes
of making audits, examinations, excerpts and transcriptions. Service Provider also
agrees, otherwise comply with 49 U.S.C. § 5325(g), and federal access to records
requirements as set forth in the applicable U.S. DOT Common Rule.
2. The Service Provider shall maintain and the City shall have the right to examine and
audit all records and other evidence sufficient to reflect properly all prices, costs or rates
negotiated and invoiced in performance of this Contract. This right of examination shall
include inspection at all reasonable times of the Service Provider’s offices engaged in
performing the Contract.
3. If this Contract is completely or partially terminated, the Service Provider shall make
available the records relating to the work terminated until 3 years after any resulting final
termination settlement. The Service Provider shall make available records relating to
appeals under the Disputes clause or to litigation or the settlement of claims arising
under or relating to this Contract until such appeals, litigation, or claims are finally
resolved.
4. Access to Records and Reports” applies with equal force and effect to any
subcontractors hired by the Service Provider to perform Work under this Contract. The
Service Provider shall insert this provision in all subcontracts under this Contract and
require subcontractor compliance therewith.
5. Access to the Sites of Performance. The Recipient agrees to permit, and to require its
Third Party Participants to permit, FTA to have access to the sites of performance of its
Award, the accompanying Underlying Agreement, and any Amendments thereto, and to
make site visits as needed in compliance with the U.S. DOT Common Rules.
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 55 of 79
6. Closeout. Closeout of the Award does not alter the record retention or access
requirements of this section of this Master Agreement.
3. FEDERAL CHANGES
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Federal Changes - Service Provider 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. Service
Provider's failure to so comply shall constitute a material breach of this contract.
4. CIVIL RIGHTS (EEO, TITLE VI & ADA)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
b. The following requirements apply to the underlying contract:
a) The Recipient agrees that it must comply with applicable federal civil rights laws,
regulations, requirements, and guidance, and follow applicable federal guidance,
except as the Federal Government determines otherwise in writing. Therefore, unless
a Recipient or a federal program, including the Tribal Transit Program or the Indian
Tribe Recipient, is specifically exempted from a civil rights statute, FTA requires
compliance with that civil rights statute, including compliance with equity in service.
b) Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees
to, and assures that it and each Third-Party Participant, will: (1) Prohibit discrimination
based on the basis of race, color, religion, national origin, sex, disability, or age. (2)
Prohibit the: (a) Exclusion from participation in employment or a business opportunity
for reasons identified in 49 U.S.C. § 5332, (b) Denial of program benefits in
employment or a business opportunity identified in 49 U.S.C. § 5332, or (c)
Discrimination, including discrimination in employment or a business opportunity
identified in 49 U.S.C. § 5332. (3) Follow: (a) The most recent edition of FTA Circular
4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration
Recipients,” to the extent consistent with applicable federal laws, regulations,
requirements, and guidance, and other applicable federal guidance that may be
issued, but (b) FTA does not require an Indian Tribe to comply with FTA program-
specific guidelines for Title VI when administering its Underlying Agreement supported
with federal assistance under the Tribal Transit Program.
c) Nondiscrimination – Title VI of the Civil Rights Act. The Recipient agrees to, and
assures that each Third Party Participant, will: (1) Prohibit discrimination based on
race, color, or national origin, (2) Comply with: (a) Title VI of the Civil Rights Act of
1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations,
“Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part
21, and (c) Federal transit law, specifically 49 U.S.C. § 5332, and (3) Follow: (a) The
most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for
Federal Transit Administration Recipients,” to the extent consistent with applicable
federal laws, regulations, requirements, and guidance, (b) U.S. DOJ, “Guidelines for
the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3, and (c) All other
applicable federal guidance that may be issued.
d) Equal Employment Opportunity. (1) Federal Requirements and Guidance. The
Recipient agrees to, and assures that each Third Party Participant will, prohibit
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 56 of 79
discrimination on the basis of race, color, religion, sex, or national origin, and: (a)
Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e
et seq., (b) Facilitate compliance with Executive Order No. 11246, “Equal Employment
Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order
No. 11246, Relating to Equal Employment Opportunity,” 42U.S.C. § 2000e note, (c)
Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a,
and (d) Comply with FTA Circular 4704.1other applicable EEO laws and regulations,
as provided in Federal guidance, including laws and regulations prohibiting
discrimination on the basis of disability, except as the Federal Government determines
otherwise in writing, (2) General. The Recipient agrees to: (a) Ensure that applicants
for employment are employed and employees are treated during employment without
discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6
Age, or 7 National origin, (b) Take affirmative action that includes, but is not limited to:
1 Recruitment advertising, 2 Recruitment, 3Employment, 4 Rates of pay, 5 Other forms
of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8
Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, but (b) Indian Tribe. Title
VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the
definition of "Employer". (3) Equal Employment Opportunity Requirements for
Construction Activities. 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 the compliance of each Third Party Participant, with: (a) U.S.
DOL regulations, “Office of Federal Contract Compliance Programs, September 2019
Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b)
Executive Order No. 11246, “Equal Employment Opportunity,” as amended by
Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal
Employment Opportunity,” 42U.S.C. § 2000e note.
e) Disadvantaged Business Enterprise. To the extent authorized by applicable federal
laws and regulations, the Recipient agrees to facilitate, and assures that each Third-
Party Participant will facilitate, participation by small business concerns owned and
controlled by socially and economically disadvantaged individuals, also referred to as
“Disadvantaged Business Enterprises” (DBEs), in the Underlying Agreement as
follows: (1) Statutory and Regulatory Requirements. The Recipient agrees to comply
with: (a) Section 1101(b) of the FAST Act, 23 U.S.C. §101 note, (b) U.S. DOT
regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal
transit law, specifically 49 U.S.C. § 5332, as provided in section 12a of this Master
Agreement. (2) DBE Program Requirements. A Recipient that receives planning,
capital and/or operating assistance and that will award prime third-party contracts
exceeding $250,000 in a federal fiscal year must have a DBE program meeting the
requirements of 49 C.F.R. Part 26, which is approved by FTA, and establish an annual
DBE participation goal. (3) Special Requirements for a Transit Vehicle Manufacturer
(TVM). The Recipient agrees that: (a) TVM Certification. Each TVM, as a condition of
being authorized to bid or propose on FTA-assisted transit vehicle procurements, must
certify that it has complied with the requirements of 49 C.F.R. part 26, and (b)
Reporting TVM Awards. Within 30 days of any third-party contract award for a vehicle
purchase, the Recipient must submit to FTA the name of the TVM contractor and the
total dollar value of the third-party contract and notify FTA that this information has
been attached to FTA’s electronic award and management system, the Recipient must
also submit subsequent notifications if options are exercised in subsequent years to
ensure the TVM is still in good standing. (4) Assurance. As required by 49 C.F.R. §
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 57 of 79
26.13(a): (a) Recipient Assurance. The Recipient agrees and assures that: 1 It must
not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any FTA or U.S. DOT-assisted contract, or in the administration of its
DBE program or the requirements of 49 C.F.R. part 26, 2 It must take all necessary
and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the
award and administration of U.S. DOT- assisted contracts, 3 Its DBE program, as
required under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated by
reference and made part of the Underlying Agreement, and 4 Implementation of its
DBE program approved by U.S. DOT is a legal obligation and failure to carry out its
terms shall be treated as a violation of this Master Agreement. (b) Subrecipient/Third
Party Contractor/Third Party Subcontractor Assurance. The Recipient agrees and
assures that it will include the following assurance in each subagreement and third
party contract it signs with a Subrecipient or Third Party Contractor and agrees to
obtain the agreement of each of its Subrecipients, Third Party Contractors, and Third
Party Subcontractors to include the following assurance in every subagreement and
third party contract it signs: 1 The Subrecipient, each Third Party Contractor, and each
Third Party Subcontractor must not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any FTA or U.S. DOT-assisted
subagreement, third party contract, and third party subcontract, as applicable, and the
administration of its DBE program or the requirements of 49 C.F.R. part 26, 2 The
Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must
take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure
nondiscrimination in the award and administration of U.S. DOT-assisted
subagreements, third party contracts, and third party subcontracts, as applicable, 3
Failure by the Subrecipient and any of its Third Party Contractors or Third Party
Subcontractors to carry out the requirements of this subparagraph 13.d(4)(b) is a
material breach of this subagreement, third party contract, or third party subcontract,
as applicable, and 4 The following remedies, or such other remedy as the Recipient
deems appropriate, include, but are not limited to, withholding monthly progress
payments; assessing sanctions; liquidated damages; and/or disqualifying the
Subrecipient, Third Party Contractor, or Third Party Subcontractor from future bidding
as non-responsible. (5) Remedies. Upon notification to the Recipient of its failure to
carry out its approved program, FTA or U.S. DOT may impose sanctions as provided
for under 49 C.F.R. part 26, and, in appropriate cases, refer the matter
for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil
Remedies Act of 1986, 31 U.S.C. § 3801 et seq.
f) Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with federal
prohibitions against discrimination on the basis of sex, including: (1) Title IX of the
Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S. DOT
regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities
Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and (3) Federal transit law,
specifically 49 U.S.C. § 5332.
g) Nondiscrimination on the Basis of Age. The Recipient agrees to comply with federal
prohibitions against discrimination on the basis of age, including: (1) The Age
Discrimination in Employment Act, 29 U.S.C. §§ 621 – 634, which prohibits
discrimination on the basis of age, (2) U.S. Equal Employment Opportunity
Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29
C.F.R. part 1625, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6101 et seq., which prohibits discrimination against individuals on the basis of age in
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 58 of 79
the administration of Programs, Projects, and related activities receiving federal
assistance, (4) U.S. Health and Human Services regulations, “Nondiscrimination on
the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45
C.F.R. part 90, and (5) Federal transit law, specifically 49 U.S.C. § 5332.
h) Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the
following federal prohibitions against discrimination on the basis of disability: (1)
Federal laws, including: (a) section 504 of the Rehabilitation Act of 1973, as amended,
29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the
administration of federally assisted Programs, Projects, or activities, (b) The
Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et
seq., which requires that accessible facilities and services be made available to
individuals with disabilities: 1 For FTA Recipients generally, Titles I, II, and III of the
ADA apply, but 2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the
ADA does not apply because it exempts Indian Tribes from the definition of “employer,”
(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq.,
which requires that buildings and public accommodations be accessible to individuals
with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now
includes disability as a prohibited basis for discrimination, and (e) Other applicable
federal laws, regulations and requirements pertaining to access for seniors or
individuals with disabilities. (2) Federal regulations, including: (a) U.S. DOT
regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R.
part 37, (b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in
Programs and Activities Receiving or Benefiting from Federal Financial Assistance,”
49 C.F.R. part 27, (c) Joint U.S. Architectural and Transportation Barriers Compliance
Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA)
Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49
C.F.R. part 38, (d) U.S. DOT regulations, “Transportation for Individuals with
Disabilities: Passenger Vessels,” 49 C.F.R. part 39, (e) U.S. DOJ regulations,
“Nondiscrimination on the Basis of Disability in State and Local Government Services,”
28 C.F.R. part 35, (f) U.S. DOJ regulations, “Nondiscrimination on the Basis of
Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36,
(g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act,” 29 C.F.R. part 1630, (h) U.S. Federal
Communications Commission regulations, “Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part
64, Subpart F, (i) U.S. ATBCB regulations, “Electronic and Information Technology
Accessibility Standards,” 36 C.F.R. part 1194, and (j) FTA regulations, “Transportation
for Elderly and Handicapped Persons,” 49 C.F.R. part 609, and (k) Other applicable
federal civil rights and nondiscrimination guidance.
(i) Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The
Recipient agrees to comply with the confidentiality and civil rights protections of: (1)
The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et
seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The
Public Health Service Act, as amended, 42 U.S.C. §§ 290dd – 290dd-2.
(j) Access to Services for Persons with Limited English Proficiency. The Recipient agrees
to promote accessibility of public transportation services to persons with limited
understanding of English by following: (1) Executive Order No. 13166, “Improving
Access to Services for Persons with Limited English Proficiency,” August 11, 2000, 42
U.S.C. § 2000d-1 note, and (2) U.S. DOT Notice, “DOT Policy Guidance Concerning
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 59 of 79
Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed.
Reg. 74087, December 14, 2005.
(k) Other Nondiscrimination Laws, Regulations, Requirements, and Guidance. The
Recipient agrees to comply with other applicable federal nondiscrimination laws,
regulations, and requirements, and follow federal guidance prohibiting discrimination.
(l) Remedies. Remedies for failure to comply with applicable federal Civil Rights laws,
regulations, requirements, and guidance may be enforced as provided in those federal
laws, regulations, or requirements.
(m) Free Speech and Religious Liberty. The recipient shall ensure that Federal funding is
expended in full accordance with the U.S. Constitution, Federal Law, and statutory and
public policy requirements: including, but not limited to, those protecting free speech,
religious liberty, public welfare, the environment, and prohibiting discrimination.
5. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(Per FTA C 4330.1F)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
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 4220.1F, 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
Service Provider shall not perform any act, fail to perform any act, or refuse to comply with
any City requests which would cause the City to be in violation of the FTA terms and
conditions.
6. ENERGY CONSERVATION REQUIREMENTS
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Energy Conservation - The Service Provider agrees to comply with mandatory standards
and policies relating to energy efficiency which are contained in the state energy
conservation plans under the Energy Policy and Conservation Act, as amended 42 U.S.C.
§ 6321, et. seq., and perform an energy assessment for any building constructed,
reconstructed, or modified with federal assistance required under FTA regulations,
“Requirements for Energy Assessments,” 49 CFR Part 622, subpart C.
7. VETERANS EMPLOYEMENT
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Veterans Employment. As provided by 49 U.S.C. § 5325(k):
To the extent practicable, the Service Provider agrees and assures that each of its
subcontractors:
1. Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have the
skills and abilities required to perform construction work required under a third-party
contract in connection with a capital project supported with funds made available or
appropriated for 49 U.S.C. chapter 53, and
2. Will not require an employer to give a preference to any veteran over any equally
qualified applicant who is a member of any racial or ethnic minority, female, an
individual with a disability, or a former employee.
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 60 of 79
8. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT (2 CFR §200.216)
Applies to all FTA-Assisted Third-Party Contracts and Subcontracts.
Service Provider is prohibited from using equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system. As described in Public Law 115-232,
section 889, covered telecommunications equipment is telecommunications equipment
produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of such entities).
a. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
b. Telecommunications or video surveillance services provided by such entities or using
such equipment.
c. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to,
the government of a covered foreign country.
9. TERMINATION PROVISIONS (APPENDIX II TO PART 200)
Applies to all contracts except micro-purchases.
a. Termination for Convenience. The City may terminate this Contract, in whole or in part,
for any reason, upon five (5) days written notice to the Service Provider. In such event,
the City shall pay the Service Provider its costs, including reasonable Contract close-out
costs, and profit on Work performed up to the time of termination. The Service Provider
shall promptly submit its termination claim to the City to be paid the Service Provider. If
the Service Provider has any property in its possession belonging to the City, the Service
Provider will account for the same, and dispose of it in a manner the City directs.
b. Termination for Breach. Either Party’s failure to perform any of its material obligations
under this Contract, in whole or in part or in a timely or satisfactory manner, will be a
breach. The institution of proceedings under any bankruptcy, insolvency, reorganization
or similar law, by or against Service Provider, or the appointment of a receiver or similar
officer for Service Provider or any of its property, which is not vacated or fully stayed
within thirty (30) days after the institution of such proceeding, will also constitute a
breach. In the event of a breach, the non-breaching Party may provide written notice of
the breach to the other Party. If the notified Party does not cure the breach, at its sole
expense, within thirty (30) days after delivery of notice, the non-breaching Party may
exercise any of its remedies provided under this Contract or at law, including immediate
termination of the Contract.
10. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
Applies to all contracts and subcontracts exceeding $25,000.
c. Suspension and Debarment Executive.
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 61 of 79
The Service Provider attests that it is not listed on the government-wide exclusions in the
System for Award Management (SAM).
The Service Provider agrees to the following:
(a) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the
following: (a) It will not enter into any arrangement to participate in the development or
implementation of the Project with any Third Party Participant that is debarred or
suspended except as authorized by: 1 U.S. DOT regulations, “Non-procurement
Suspension and Debarment,” 2 C.F.R. part 1200, 2 U.S. OMB, “Guidelines to
Agencies on Government wide Debarment and Suspension (Non-procurement),” 2
C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos.
12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, (b) It will
review the U.S. GSA “System for Award Management,” https://www.sam.gov, if
required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and
require each of its Third Party Participants to include, a similar provision in each lower
tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will
comply with Federal debarment and suspension requirements, and 2 Reviews the
“System for Award Management” at https://www.sam.gov, if necessary to comply with
U.S. DOT regulations, 2 C.F.R. part 1200, and
(b) If the Recipient suspends, debars, or takes any similar action against a Third-Party
Participant or individual, the Recipient will provide immediate written notice to the: (a)
FTA Regional Counsel for the Region in which the Recipient is located or implements
the Project, (b) FTA Project Manager if the Project is administered by an FTA
Headquarters Office, or (c) FTA Chief Counsel.
11. NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED
TO FRAUD, WASTE, ABUSE OR OTHER LEGAL MATTERS
Applies to all contracts and subcontracts exceeding $25,000. The prime Service Provider
is required to “flow down” this requirement to subcontractors.
a. If a current or prospective legal matter that may affect the Federal Government emerges,
the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel
for the Region in which the Recipient is located. The Recipient must include a similar
notification requirement in its Third Party Agreements and must require each Third Party
Participant to include an equivalent provision in its subagreements at every tier, for any
agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and
1200.220.
1. The types of legal matters that require notification include, but are not limited to, a
major dispute, breach, default, litigation, or naming the Federal Government as a
party to litigation or a legal disagreement in any forum for any reason.
2. Matters that may affect the Federal Government include, but are not limited to, the
Federal Government’s interests in the Award, the accompanying Underlying
Agreement, and any Amendments thereto, or the Federal Government’s
administration or enforcement of federal laws, regulations, and requirements.
3. Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify
the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional
Counsel for the Region in which the Recipient is located, if the Recipient has
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 62 of 79
knowledge of potential fraud, waste, or abuse occurring on a Project receiving
assistance from FTA. The notification provision applies if a person has or may have
submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or
has or may have committed a criminal or civil violation of law pertaining to such
matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement,
bribery, gratuity, or similar misconduct involving federal assistance. This
responsibility occurs whether the Project is subject to this Agreement or another
agreement between the Recipient and FTA, or an agreement involving a principal,
officer, employee, agent, or Third Party Participant of the Recipient. It also applies
to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is
not limited to, knowledge of a criminal or civil investigation by a Federal, state, or
local law enforcement or other investigative agency, a criminal indictment or civil
complaint, or probable cause that could support a criminal indictment, or any other
credible information in the possession of the Recipient. In this paragraph, “promptly”
means to refer information without delay and without change. This notification
provision applies to all divisions of the Recipient, including divisions tasked with law
enforcement or investigatory functions.
b. Federal Interest in Recovery. The Federal Government retains the right to a
proportionate share of any proceeds recovered from any third party, based on the
percentage of the federal share for the Underlying Agreement. Notwithstanding the
preceding sentence, the Recipient may return all liquidated damages it receives to its
Award Budget for its Underlying Agreement rather than return the federal share of those
liquidated damages to the Federal Government, provided that the Recipient receives
FTA’s prior written concurrence.
c. Enforcement. The Recipient must pursue its legal rights and remedies available under
any third party agreement or any federal, state, or local law or regulation.
12. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352)
Applies to all contracts exceeding $100,000.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Service Provider attests that it has filed
the required certification under the Byrd Anti-Lobbying Amendment. Service Provider attests
that it has certified 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. Service Provider further attests that it has disclosed, and
will continue to disclose, any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award.
If contract exceeds $100,000 the Service Provider is required to sign the attached certification.
13. BUILD AMERICA, BUY AMERICA REQUIREMENTS – NOT APPLICABLE
Applies to contracts exceeding $150,000 (When tangible property of construction is
acquired.)
Build America – Construction materials used in the Project are subject to the domestic
preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div. G, tit.
IX, §§70911 – 70927 (2021), as implemented by the U.S. Office of Management and
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 63 of 79
Budget, the U.S. Department of Transportation, and FTA. The Recipient acknowledges that
this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b).
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 64 of 79
Buy America – The domestic preference requirements of 49 U.S.C. § 5323(j), and
FTA regulations, “Buy America Requirements,” 49 CFR Part 661, to the extent
consistent with 49 U.S.C. 5323(j) apply to this contract.
Uniform Administrative Requirements. Compliance with FTA’s Buy America
requirements shall be deemed to satisfy 2 CFR § 200.322, “Domestic Preference for
Procurements”.
Limitations on Certain Rolling Stock Procurements. The Service Provider will comply
with the limitations on certain rolling stock procurements at 49 U.S.C. § 5323(u).
If contract exceeds $150,000, the Service Provider is required to sign the attached
certification, except those subject to a general waiver.
14. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACT
Applies to all contracts exceeding $150,000.
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387), as amended.
a. All parties agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251-1387). All parties shall
report violations to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
b. The Service Provider agrees to report each violation to the City and understands
and agrees that the City will, in turn, report each violation as required to assure
notification to the Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
c. The Service Provider agrees to include these requirements in each subcontract
exceeding
$150,000 financed in whole or in part with Federal funds.
15. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES OR BREACH –
(APPENDIX II TO PART 200) – NOT APPLICABLE
Applies to all contracts over $250,000.
Breach. Any breach of the Contract by Service Provider shall be governed by the
termination and remedies provisions of the Contract. Additionally, in the event that the
City incurs damages as a result of Service Provider’s breach, the City may pursue
recovery of such damages from Service Provider. The City further retains the right to
seek specific performance of the Contract at any time as authorized by law. The City
further retains the right to otherwise pursue any remedies available to the City as a
result of the Service Provider’s breach, including but not limited to administrative,
Contractual, or legal remedies, as well as any applicable sanctions and penalties.
Remedies for Non-Performance. If Service Provider fails to perform any of its
obligations under this Contract, the City may, at its sole discretion, exercise one or
more of the following remedies, which shall survive expiration or termination of this
Contract:
a. Suspend Performance: The City may require the Service Provider to suspend
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 65 of 79
performance of all or any portion of the Work pending necessary corrective action
specified by the City and without entitling Service Provider to an increase in
compensation or extension of the performance schedule. Service Provider must
promptly stop performance and incurring costs upon delivery of a notice of
suspension by the City.
b. Withhold Payment Pending Corrections: The City may permit Service Provider
to correct any rejected Work at the City ’s discretion. Upon City ’s request, Service
Provider must correct rejected Work at Service Provider’s sole expense within the
time frame established by the City. Upon completion of the corrections satisfactory
to the City, City will remit payment to Service Provider.
c. Deny Payment: City may deny payment for any Work that does not comply with
the requirements of the Contract or that Service Provider otherwise fails to provide
or complete, as determined by the City in its sole discretion. Upon City request,
Service Provider will promptly refund any amounts prepaid by the City with respect
to such non-compliant Work.
d. Removal: Upon City ’s request, Service Provider will remove any of its employees
or agents from performance of the Work, if the City, in its sole discretion, deems
any such person to be incompetent, careless, unsuitable, or otherwise
unacceptable.
16. CARGO PREFERENCE REQUIREMENTS – NOT APPLICABLE
Applies to purchases of property suitable for shipment by ocean vessel.
Cargo Preference - Use of United States-Flag Vessels - The Service Provider
agrees comply with the shipping requirements of 46 U.S.C. § 55305, and U.S.
Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR
Part 381.
17. FLY AMERICA REQUIREMENTS – NOT APPLICABLE
Applies to property or persons transported by air between U.S. and foreign
destinations, or between foreign locations.
Fly America Requirements. The Service Provider agrees to air transportation
requirements of Section 5 of the International Air Transportation Fair Competitive
Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. General Services
Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,” 41
C.F.R. §§ 301-10.131 – 301-10.143.
18. DAVIS-BACON ACT (APPENDIX II TO PART 200) – NOT APPLICABLE
Applies to all prime construction contracts in excess of $2,000.
Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). Service Provider must fully
comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance therewith, Service Provider must pay wages to laborers
and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, Service Providers must be
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 66 of 79
required to pay wages not less than once a week.
The applicable Davis-Bacon Wage Determination is attached hereto.
19. COPELAND ANTI-KICKBACK ACTS (APPENDIX II TO PART 200) – NOT
APPLICABLE
Applies to all prime construction contracts in excess of $2,000.
Copeland “Anti-Kickback” Act (40 U.S.C. 3145). Service Provider must fully comply
with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by
Department of Labor regulations (29 CFR Part 3, “Service Providers and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States”). Pursuant
to the Act, Service Provider is prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part
of the compensation to which he or she is otherwise entitled. The City shall report all
suspected or reported violations of the Copeland “Anti-Kickback” Act to the Federal
awarding agency.
20. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (APPENDIX II TO
PART
200) – NOT APPLICABLE
Applies to all contracts over $100,000 that involve the employment of
mechanics or laborers.
Service Provider must fully comply with the Contract Work Hours and
Safety Standard Act (40 U.S.C. 3701-3708), including 40 U.S.C. 3702
and 3704, as supplemented by Department of Labor regulations (29 CFR
Part 5). Under 40
U.S.C. 3702 of the Act, Contract is required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in
the work week. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply
to the purchases of supplies or materials or articles ordinarily available
on the open market, or Contracts for transportation or transmission of
intelligence.
a. Overtime requirements. No Service Provider or subcontractor contracting for
any part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty
hours in such workweek unless such laborer or mechanic receives compensation
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 67 of 79
at a rate not less than one and one- half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
b. Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (a) of this section the Service Provider
and any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such Service Provider and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a
territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause
set forth in paragraph (a) of this section, in the sum of $26 for each calendar day
on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required
by the clause set forth in paragraph (a) of this section.
c. Withholding for unpaid wages and liquidated damages. The FEMA shall upon
its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the Service Provider or subcontractor under any
such contract or any other Federal contract with the same prime Service Provider,
or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime Service Provider, such sums as may be determined to be necessary
to satisfy any liabilities of such Service Provider or subcontractor for unpaid wages
and liquidated damages as provided in the clause set forth in paragraph (b) of this
section.
d. Subcontracts. The Service Provider or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (a) through (d) of this section and
also a clause requiring the subcontractors to include these clauses in any lower
tier subcontracts. The prime Service Provider shall be responsible for compliance
by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (a) through (d) of this section.
21. BONDING REQUIREMENTS (2 CRF 200.326) – NOT APPLICABLE
Applies to construction or facility improvement contracts or subcontracts exceeding
the Simplified Acquisition Threshold ($250,000).
Except where the Federal awarding agency or pass-through entity has made a
determination that alternative bonding policy and requirements adequately protect
the Federal interest, Service Provider agrees to comply with the following minimum
bonding requirements:
a. Service Provider must provide a bid guarantee equivalent to five percent of the bid
price. The "bid guarantee" must consist of a firm commitment such as a bid bond,
certified check, or other negotiable instrument accompanying a bid as assurance
that the Service Provider will, upon acceptance of the bid, execute such
Contractual documents as may be required within the time specified.
b. Service Provider must provide a performance bond on the part of the Service
Provider for 100 percent of the Contract price. A "performance bond" is one
executed in connection with a Contract to secure fulfillment of all the Service
Provider's obligations under such Contract.
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 68 of 79
c. Service Provider must provide a payment bond on the part of the Service Provider
for 100 percent of the Contract price. A "payment bond" is one executed in
connection with a Contract to assure payment as required by law of all persons
supplying labor and material in the execution of the work provided for in the
Contract.
22. EQUAL EMPLOYMENT OPPORTUNITY (APPENDIX II TO PART 200)
– NOT APPLICABLE
Applies to all contracts that meet the definition of “federally assisted construction
contract”.
Equal Employment Opportunity. Service Provider agrees to comply with the Equal
Opportunity Clause provided under 41 CFR 60-1.4(a) (Government Contracts) and
41 CFR 60-1.4(b) (Federal Assisted Construction Contracts), in accordance with
Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3
CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
“Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and
implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.” Service Provider
further agrees to include this provision, including the Equal Opportunity Clause or a
reference thereto, in any subcontracts it enters into pursuant to the Contract.
During the performance of this Contract, the Service Provider agrees as follows:
(1) The Service Provider will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Service Provider will take affirmative action to
ensure that applicants are employed,
and that employees are treated during employment without regard to their race,
color, religion, sex, sexual orientation, gender identity, or national origin. 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. The Service Provider agrees to
post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The Service Provider will, in all solicitations or advertisements for employees
placed by or on behalf of the Service Provider, state that all qualified applicants
will receive consideration for employment without regard to race, color, religion,
sex, sexual orientation, gender identity, or national origin.
(3) The Service Provider will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall not
apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential
job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 69 of 79
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the Service Provider's legal duty to furnish
information.
(4) The Service Provider will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other Contract or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the Service Provider's commitments under this section, and
shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(5) The Service Provider will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(6) The Service Provider will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
(7) In the event of the Service Provider's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or orders, this
Contract may be canceled, terminated, or suspended in whole or in part and the
Service Provider may be declared ineligible for further Government Contracts or
federally assisted construction Contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
(8) The Service Provider will include the portion of the sentence immediately preceding
paragraph
(1) and the provisions of paragraphs (1) through (8) in every subContract or
purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September
24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The Service
Provider will take such action with respect to any subContract or purchase order
as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance:
Provided, however, that in the event a Service Provider becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the Service Provider may request the
United States to enter into such litigation to protect the interests of the United
States.
The applicant further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in
federally assisted construction work: Provided, that if the applicant so participating
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 70 of 79
is a State or local government, the above equal opportunity clause is not
applicable to any agency, instrumentality or subdivision of such government which
does not participate in work on or under the Contract.
The applicant agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of
Service Providers and subcontractors with the equal opportunity clause and the
rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish
the administering agency and the Secretary of Labor such information as they
may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility
for securing compliance.
The applicant further agrees that it will refrain from entering into any Contract or
Contract modification subject to Executive Order 11246 of September 24, 1965,
with a Service Provider debarred from, or who has not demonstrated eligibility for,
Government Contracts and federally assisted construction Contracts pursuant to
the Executive Order and will carry out such sanctions and penalties for violation of
the equal opportunity clause as may be imposed upon Service Providers and
subcontractors by the administering agency or the Secretary of Labor pursuant to
Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it
fails or refuses to comply with these undertakings, the administering agency may
take any or all of the following actions: Cancel, terminate, or suspend in whole or
in part this grant (Contract, loan, insurance, guarantee); refrain from extending any
further assistance to the applicant under the program with respect to which the
failure or refund occurred until satisfactory assurance of future compliance has
been received from such applicant; and refer the case to the Department of Justice
for appropriate legal proceedings.
(9) [Reserved]
(c) Subcontracts. Each nonexempt prime Service Provider or subcontractor shall
include the equal opportunity clause in each of its nonexempt subcontracts.
(d) Inclusion of the equal opportunity clause by reference. The equal opportunity
clause may be included by reference in all Government Contracts and
subcontracts, including Government bills of lading, transportation requests,
Contracts for deposit of Government funds, and Contracts for issuing and
paying U.S. savings bonds and notes, and such other Contracts and
subcontracts as the Director of OFCCP may designate.
(e) Incorporation by operation of the order. By operation of the order, the equal
opportunity clause shall be considered to be a part of every Contract and
subContract required by the order and the regulations in this part to include
such a
clause whether or not it is physically incorporated in such Contracts and
whether or not the Contract between the agency and the Service Provider is
written.
(f) Adaptation of language. Such necessary changes in language may be made
in the equal opportunity clause as shall be appropriate to identify properly the
parties and their undertakings.
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 71 of 79
23. SEISMIC SAFETY REQUIREMENTS – NOT APPLICABLE
Applies to contracts for construction of new buildings or additions to existing buildings.
Seismic Safety - The Service Provider agrees that any new building or addition to an
existing building will be designed and constructed in accordance with the standards
for Seismic Safety required in Department of Transportation Seismic Safety
Regulations 49 CFR Part 41 and will certify to compliance to the extent required by
the regulation. The Service Provider also agrees to ensure that all work performed
under this contract including work performed by a subcontractor is in compliance with
the standards required by the Seismic Safety Regulations and the certification of
compliance issued on the project.
24. SPECIAL DOL CLAUSE – NOT APPLICABLE
Applies to contracts for construction exceeding $10,000.
41 CFR Part 60 – See Section 15 – Contract Clause Civil Rights Requirements
25. NONCONSTRUCTION EMPLOYEE PROTECTION (CONTRACT WORK
HOURS AND SAFETY STANDARDS ACT)
Applies to all turnkey, rolling stock and operational contracts (excluding contracts for
transportation services exceeding $100,000.
The Service Provider agrees to comply and assures that each subcontractor will
comply with all federal laws, regulations, and requirements providing wage and hour
protections for nonconstruction employees, including Section 102 of the Contract
Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other
relevant parts of that Act, 40
U.S.C. § 3701, et seq., and U.S. DOL regulations, “Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction (also
Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the
Contract Work Hours and Safety Standards Act),” 29 CFR Part 5.
26. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS – NOT APPLICABLE
Applies to all Contracts for transit operations except micro-purchases.
(1) The Service Provider agrees to comply with applicable transit employee
protective requirements as follows:
a) General Transit Employee Protective Requirements - To the extent that FTA
determines that transit operations are involved, the Service Provider agrees
to carry out the transit operations work on the underlying contract in
compliance with terms and conditions determined by the U.S. Secretary of
Labor to be fair and equitable to protect the interests of employees employed
under this contract and to meet the employee protective requirements of 49
U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any
amendments thereto. These terms and conditions are identified in the letter of
certification from the U.S. DOL to FTA applicable to the ITP's project from
which Federal assistance is provided to support work on the
underlying contract. The Service Provider agrees to carry out that work in
compliance with the conditions stated in that U.S. DOL letters. The
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 72 of 79
requirements of this subsection (1), however, do not apply to any contract
financed with Federal assistance provided by FTA either for projects for elderly
individuals and individuals with disabilities authorized by 49 U.S.C. §
5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. §
5311. Alternate provisions for those projects are set forth in subsections (b)
and (c) of this clause.
b) Transit Employee Protective Requirements for Projects Authorized by 49
U.S.C.§ 5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If
the contract involves transit operations financed in whole or in part with
Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S.
Secretary of Transportation has determined or determines in the future that
the employee protective requirements of 49 U.S.C. § 5333(b) are necessary
or appropriate for the state and the public body subrecipient for which work is
performed on the underlying contract, the Service Provider agrees to carry out
the Project in compliance with the terms and conditions determined by the
U.S. Secretary of Labor to meet the requirements of
49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any
amendments thereto. These terms and conditions are identified in the U.S.
DOL's letter of certification to FTA, the date of which is set forth Grant
Agreement or Cooperative Agreement with the state. The Service Provider
agrees to perform transit operations in connection with the underlying contract
in compliance with the conditions stated in that U.S. DOL letter.
c) Transit Employee Protective Requirements for Projects Authorized by 49
U.S.C. § 5311 in Nonurbanized Areas - If the contract involves transit
operations financed in whole or in part with Federal assistance authorized by
49 U.S.C. § 5311, the Service Provider agrees to comply with the terms and
conditions of the Special Warranty for the Nonurbanized Area Program agreed
to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979,
and the procedures implemented by
U.S. DOL or any revision thereto.
(2) The Service Provider also agrees to include the any applicable requirements in
each subcontract involving transit operations financed in whole or in part with
Federal assistance provided by FTA.
27. CHARTER SERVICES – NOT APPLICABLE
Applies to all contract for Operational Services except micro-purchases.
Charter Service Operations - The Service Provider agrees that neither it nor any
Third-Party Participant involved in the contract will engage in charter service, except
as permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g), and (r),
FTA regulations, “Charter Service,” 49 CFR Part 604, any other federal Charter
Service regulations, federal requirements, or federal guidance from the provision of
mass transportation.
28. SCHOOL BUS OPERATIONS – NOT APPLICABLE
Applies to all contract for Operational Services except micro-purchases.
School Bus Operations - Recipient agrees that neither it nor any Third Party
Participant that is participating in its Award will engage in school bus operations
exclusively for the transportation of students or school personnel in competition with
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 73 of 79
private school bus operators, except as permitted by federal transit laws, 49 U.S.C. §
5323(f) or (g), FTA regulations, “School Bus Operations,” 49 CFR Part 605, and any
other applicable federal
“School Bus Operations” laws, regulations, requirements, or applicable federal
guidance.
29. DRUG AND ALCOHOL TESTING – NOT APPLICABLE
Applies to all Operational Services contracts except micro-purchases.
d. Drug and Alcohol Testing
The Service Provider agrees to (select one option):
e. Option 1
Participate in the City’s drug and alcohol program established in compliance with 49
CFR 653 and 654.
f. Option 2
The Service Provider agrees to establish and implement a drug and alcohol testing
program that complies with 49 CFR Parts 653 and 654, produce any documentation
necessary to establish its compliance with Parts 653 and 654, and permit any
authorized representative of the United States Department of Transportation or its
operating administrations, the State Oversight Agency of (name of State), or the (insert
name of grantee), to inspect the facilities and records associated with the
implementation of the drug and alcohol testing program as required under 49 CFR
Parts 653 and 654 and review the testing process. The Service Provider agrees
further to certify annually its compliance with Parts 653 and 654 before (insert date)
and to submit the Management Information System (MIS) reports before (insert date
before March 15) to (insert title and address of person responsible for receiving
information). To certify compliance the Service Provider shall use the "Substance
Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal
Transit Administration Grants and Cooperative Agreements," which is published
annually in the Federal Register.
g. Option 3
The Service Provider agrees to establish and implement a drug and alcohol testing
program that complies with 49 CFR Parts 653 and 654, produce any documentation
necessary to establish its compliance with Parts 653 and 654, and permit any
authorized representative of the United States Department of Transportation or its
operating administrations, the State Oversight Agency of (name of State), or the (insert
name of grantee), to inspect the facilities and records associated with the
implementation of the drug and alcohol testing program as required under 49 CFR
Parts 653 and 654 and review the testing process. The Service Provider agrees
further to certify annually its compliance with Parts 653 and 654 before (insert date)
and to submit the Management Information System (MIS) reports before (insert date
before March 15) to (insert title and address of person responsible for receiving
information). To certify compliance the Service Provider shall use the "Substance
Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal
Transit Administration Grants and Cooperative Agreements," which is published
annually in the Federal Register. The Service Provider agrees further to [Select a, b,
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 74 of 79
or c] (a) submit before (insert date or upon request) a copy of the Policy Statement
developed to implement its drug and alcohol testing program; OR (b) adopt (insert title
of the Policy Statement the recipient wishes the Service Provider to use) as its policy
statement as required under 49 CFR 653 and 654; OR (c) submit for review and
approval before (insert date or upon request) a copy of its Policy Statement developed
to implement its drug and alcohol testing program. In addition, the Service Provider
agrees to: (to be determined by the recipient, but may address areas such as: the
selection of the certified laboratory, substance abuse professional, or Medical Review
Officer, or the use of a consortium).
30. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
– NOT APPLICABLE
Appendix II to Part 200
Applies to “funding agreement” under 37 CFR Part §401.2(a)
Rights to Inventions Made Under a Contract or Contract. For Contracts entered
into by the Service Provider or the City with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that “funding agreement,” the
parties must comply with the requirements of 37 CFR Part 401, “Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Contracts,” and any implementing regulations
issued by the awarding agency.
31. DISADVANTAGED BUSINESS ENTERPRISE (DBE) & PROMPT PAYMENT
(49 CFR Part 26)
Applies to contracts awarded on the basis of a bid or proposal offering to use DBEs.
h. Disadvantaged Business Enterprises
i. 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 agency’s overall goal for
DBE participation is 2.29%. A contract goal for participation has not been
established for this procurement.
j. The Service Provider shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The Service Provider shall carry
out applicable requirements of 49 CFR Part 26 in the award and administration of
this DOT-assisted contract. Failure by the Service Provider 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 Service Provider signs with a subcontractor
must include the assurance in this paragraph (see 49 CFR 26.13(b)).
k. The successful bidder/offeror will be required to report its DBE participation
obtained through race-neutral means throughout the period of performance.
32. PROMPT PAYMENT AND RETURN OF RETAINAGE
Applies to all contracts except micro-purchases.
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 75 of 79
The Service Provider 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
Service Provider’s receipt of payment for that work from the City. In addition, the Service
Provider may not hold retainage from its subcontractors. The Service Provider must
promptly notify the City 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
Service Provider 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.
33. 6002 OF THE SOLID WASTE DISPOSAL ACT (2 CFR 200.322)
Applies to all contracts except micro-purchases.
Recovered Materials - All parties agree to comply with all applicable requirements of
Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring
only items designated in guidelines of the Environmental Protection Agency (EPA) at
40 CFR part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
a. In the performance of this contract, the Service Provider shall make maximum use
of products containing recovered materials that are EPA-designated items unless
the product cannot be acquired:
• Competitively within a timeframe providing for compliance with the contract performance schedule;
• Meeting contract performance requirements; or
• At a reasonable price.
b. Information about this requirement, along with the list of EPA-designated
items, is available at EPA’s Comprehensive Procurement Guidelines web site:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program
34. ADA ACCESS
Applies to contracts for rolling stock or facilities construction/renovation
1. The City must comply with 49 U.S.C. § 5332, which states the Federal policy that
elderly individuals and individuals with disabilities have the same right as other
individuals to use public transportation services and facilities, and that special
efforts shall be made in planning and designing those services and facilities to
implement transportation accessibility rights for elderly individuals and individuals
with disabilities; all applicable provisions of section 504 of the Rehabilitation Act
of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis
of disability; the Americans with Disabilities Act of 1990 (ADA), as amended; 42
U.S.C. § 12101 et seq., which requires that accessible facilities and services be
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 76 of 79
made available to individuals with disabilities; and the Architectural Barriers Act of
1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and
public accommodations be accessible to individuals with disabilities.
2. All deliverable items deliverable items provided by the Service Provider for the
City under this contract shall comply with the above-referenced laws as well as all
other applicable federal, state and local regulations and directives and any
subsequent amendments
35. ASSIGNABILITY
Applies to all contracts except micro-purchases.
Neither the City nor the Service Provider shall assign or transfer any of its rights or
obligations hereunder without the prior written consent of the other.
36. CITY OF FORT COLLINS BID PROTEST PROCEDURES
Applies to all contracts except micro-purchases.
The City of Fort Collins has a protest procedure, covering any phase of solicitation or
award, including but not limited to specification or award. The protest procedures are
available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street,
2nd Floor, P.
O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures
by emailing: Purchasing@fcgov.com or calling 970-221-6775.
37. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
Applies to all contracts except micro-purchases.
The sub-grantee, Service Provider, subcontractor, successor, transferee, and
assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits
recipients of federal financial assistance from excluding from a program or activity,
denying benefits of, or otherwise discriminating against a person on the basis of race,
color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the
Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein
incorporated by reference and made a part of this contract (or agreement). Title VI
also includes protection to persons with “Limited English Proficiency” in any program
or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part
of this contract or agreement.
38. INCREASING SEAT BELT USE IN THE UNITED STATES
Applies to all contracts except micro-purchases.
Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the City
encourages its Service Providers to adopt and enforce on-the-job seat belt policies
and programs for their employees when operating company-owned, rented, or
personally owned vehicles.
39. REDUCING TEXT MESSAGING WHILE DRIVING
Applies to all contracts except micro-purchases.
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 77 of 79
Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the City encourages
its employees, subrecipients, and Service Providers to adopt and enforce policies that
ban text messaging while driving, and the City has established workplace safety
policies to decrease accidents caused by distracted drivers.
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 78 of 79
EXHIBIT H
PROMPT PAYMENT CERTIFICATION
The SERVICE PROVIDER 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
PROFESSIONAL’s receipt of payment for that work from the CITY. In addition, all retainage
amounts withheld from subcontractors must be paid no later than 30 days after it satisfactorily
completed its work, whether or not the CITY has paid said amounts to the PROFESSIONAL. The
SERVICE PROVIDER must promptly notify the CITY 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
SERVICE PROVIDER 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. The SERVICE
PROVIDER shall complete and submit the following Prompt Payment Certification form with each
invoice.
Official Purchasing Document
Last updated 5/2024
Master Services Agreement – Work Order Type
RFP 10137 Transfort Landscape Maintenance
Page 79 of 79
PROMPT PAYMENT CERTIFICATION
SERVICE PROVIDER will place a check in the appropriate box below that applies to this
payment request.
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
PROFESSIONAL:
PROJECT:
CONTRACT DATE:
This certification is submitted in conjunction with Pay Application or Invoice # .
In accordance with the requirements of 49 CFR §26.29, the SERVICE PROVIDER hereby states
the following with regard to payments made under the Service Provider Services Agreement for
RFP 10097 NW Fort Collins Arterial Bikeway Study (the “AGREEMENT”)
1. Subcontractors, at the first tier, both DBE and non-DBE, who satisfactorily
completed work and were listed for payment on the prior Payment Application No.
dated , 20 , were paid no later than 30 days after the PROFESSIONAL’s
receipt of payment for that work from the CITY.
2. All retainage amounts withheld from any subcontractor who satisfactorily completed
its portion of the AGREEMENT work, including punch list items, were paid to the
subcontractor(s) no later than 30 days after it satisfactorily completed its work, whether or
not the CITY has paid said amounts to PROFESSIONAL.
3. There was no delay in or postponement of any payment owed to a subcontractor,
whether period payment or retainage amount, except for good cause and after receipt of
prior written approval from the CITY.
The SERVICE PROVIDER shall retain all subcontractor payment records for a minimum period
of three (3) years from the date of Substantial Completion under the AGREEMENT. The CITY
shall have the right, with reasonable notice to audit such payment records.
Signed this day of , 20 .
By:
Printed:
Title: