HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - CONTRACT - BID - 7565 MASON CORRIDOR TREE WATERINGSERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and KORBY LANDSCAPE LLC, hereinafter referred to as "Service
Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of two (2) pages and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Professional shall be solely responsible for performance of all duties
2. Contract Period. This Agreement shall commence November 1, 2013, and shall continue
in full force and effect until October 31, 2014, unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for
additional one year periods not to exceed three (3) additional one year periods. Renewals
and pricing changes shall be negotiated by and agreed to by both parties. The Denver
Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be
used as a guide. Written notice of renewal shall be provided to the Service Provider and
mailed no later than ninety (90) days prior to contract end.
3. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence,
then the party so prevented shall be excused from whatever performance is prevented by
such cause. To the extent that the performance is actually prevented, the Service
Services Agreement
7565 Mason Corridor Tree Watering Page 1 of 36
EXHIBIT A
SCOPE OF WORK
GENERAL
This work consists of watering previously transplanted trees at various locations within the
project corridor, including labor, equipment, water, metering, and haul at designated locations
along the Mason Corridor.
WATERING LOCATIONS
• Area #1 Discovery Center - 4 Austrian Pine, 5 Honey Locust, 2 Bur Oak, & 1 Hackberry
408 Mason Court
• Area #2 Colorado State University - NRRC Campus Drive — 30 Austrian Pines,
Hackberry
Located between the Mason Trail and the Regulated Materials Building on the CSU
South Campus
• Area #3 Troutman Detention Pond — 6 Austrian Pines
Located in the City owned detention pond on the south side of Troutman Parkway on the
west side of the Mason Trail
• Area #4 South Transit Center - 36 Misc. Pines and Spruce
4915 Fossil Boulevard
• Area #5 Transfort Maintenance Facility - 14 Austrian Pines
6570 Fortner Road
WATERING
City Utilities, Streets, Traffic, BNSF, CSU, building and utility contractors may perform work
related to the Mason Corridor project within or near the limits of this project. The Contractor
shall conduct the work without interfering or hindering the progress or completion of the work
being performed by the City or other contractors. The Contractor shall coordinate extensively
with these entities to minimize traffic control and scheduling conflicts, and ensure timely
completion of all the work.
The Contractor shall provide a Winter Watering Schedule and a Growing Season Watering
schedule, and notify the City Representative one working day prior to watering:
Areas 1, 3, 4, and 5: 200 gallons per tree per watering
o Winter Watering - Water once a month as conditions allow in winter months (Nov 2013
through April 2014)
o Growing Season Watering - Water once every week during the growing season
(May2014 through October 2014)
Services Agreement
7565 Mason Corridor Tree Watering Page 10 of 36
Area 2 Only: 100 gallons per tree per watering
o Winter Watering - Water once a month as conditions allow in winter months (Nov 2013
through April 2014)
o Growing Season Watering - Water once every OTHER week during the growing season
(May2014 through Oct 2014)
Watering frequency and volume of water may be adjusted by the City Representative as
conditions require. Water is available from the water station at 700 Wood Street with a pre -paid
purchase card at a rate of $5/1000 gallons. Hydrant meters may also be obtained from the City
of Fort Collins Water Utility or Fort Collins Loveland Water District, depending on the location.
The contractor shall be responsible for paying all costs associated with purchasing water and
water meter rental. Contractor is responsible for risk of loss of the meter and any damage to the
hydrant or other property.
FCLWD — South of Harmony Road Only
No deposit required
$3/1000 gallons
$10/day meter rental
OR $100 flat rate/day for short term 1-day rentals
Contact: Jay East, 970-226-3104 ext. 105
City of Fort Collins
No Deposit Required
$43 per trip to set and remove meter
$5.02/1000 gallons
$8.50/day meter rental
Contact: City of Fort Collins Utilities 970-221-6700
A hydrant wrench will be issued with the meter set. If it is not returned the cost is $100.00.
Unnecessary waste of water will not be tolerated. In the event the watering schedules are not
met, the City may retain an additional contractor to complete the watering, or portion thereof,
and retain any costs incurred above and beyond the bid prices of the Contractor from any
monies due the Contractor.
METHOD OF MEASUREMENT
The quantity of Watering to be measured will be the hours spent watering at the gallon rates
described above, up to a maximum of 18 hours for one complete watering of all 5 areas. The
Contractor shall submit a daily written log of hours worked and gallons placed at each of the 5
watering sites. The log format shall be approved by the City prior to starting work.
The hourly rate for Watering shall include full compensation for furnishing all labor, materials,
tools, equipment, water, metering, haul and incidentals, and for doing all the work involved in
Watering, as shown on the plans, as specified in these specifications, and as directed by the
City Representative.
Services Agreement
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EXHIBIT B
COMPENSATION
7565 MASON CORRIDOR TREE WATERING
BID OPENING: 3:00 p.m. (our clock), October 18, 2013
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS
FOR MASON CORRIDOR TREE WATERING PER THE BID INVITATION AND ANY
The City of Foil Collins is requesting bids for watering previously transplanted trees at
various locations within the project corridor, including labor, equipment, water, metering,
and haul at designated locations along the Mason Corridor.
The awarded contractor must complywith the Federal Terms & Conditions and the Davis Bacon
Wage Rates attached to the end of the Bid Document. The Wage rate used is "Landscape and
Irrigation".
Bid Schedule
Our firm will provide watering per terms and specifications including labor, equipment, water,
metering, and haul at designated locations along the Mason Corridor.
Cost per hour $ 20 In words 5f�_>%-1+4 Ool.c.oR PF 12 }4Oue.
Signature: Vfur L Printed: S-Kt14 G N0913Y
o
Are you a Corporation, Partnership, DBA, LLC, or PC
Address: 10,0 • f3o-i 1320
Phone: 910' a32.- Ilal
Services Agreement
7565 Mason Corridor Tree Watering
Email: StU£@. KORBYLAPWSCAIoE Corm
Page 12 of 36
EXHIBIT C
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, and containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been received by the City of Fort
Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
Services Agreement
7565 Mason Corridor Tree Watering Page 13 of 36
EXHIBIT D
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to
this Agreement (the "Agreement"), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as "information") that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Service Provider has agreed to perform, the Service Provider
hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service
Provider agrees to treat as confidential (a) all information that is owned by the City, or that
relates to the business of the City, or that is used by the City in carrying on business, and (b) all
information that is proprietary to a third party (including but not limited to customers and
suppliers of the City). The Service Provider shall not disclose any such information to any
person not having a legitimate need -to -know for purposes authorized by the City. Further, the
Service Provider shall not use such information to obtain any economic or other benefit for itself,
or any third party, except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall
have no obligation under this Agreement with respect to information and material that (a)
becomes generally known to the public by publication or some means other than a breach of
duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed,
provided that the request for such disclosure is proper and the disclosure does not exceed that
which is required. In the event of any disclosure under (b) above, the Service Provider shall
furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and
shall promptly advise the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City's remedies at law for a breach of the
Service Provider's obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including
without limitation preliminary and permanent injunctive relief and specific performance) in
addition to all other remedies provided hereunder or available at law.
Services Agreement
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EXHIBIT E
FEDERAL TERMS & CONDITIONS
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federally Required and Other Model Contract Clauses
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES..................................................16
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS.................................................................................................................................16
3. ACCESS TO RECORDS AND REPORTS ............................. :.......................................... 16
4. FEDERAL CHANGES.......................................................................................................18
5. TERMINATION..................................................................................................................18
6. CIVIL RIGHTS REQUIREMENTS......................................................................................18
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)......................................................19
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS .............20
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)........ 20
10. CARGO PREFERENCE REQUIREMENTS.......................................................................21
11. DAVIS-BACON AND COPELAND ANTI -KICKBACK ACTS............................................22
12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT......................................28
13. ENERGY CONSERVATION REQUIREMENTS.................................................................29
14. RECYCLED PRODUCTS..................................................................................................30
15. ADA Access.....................................................................................................................30
16. CITY OF FORT COLLINS BID PROTEST PROCEDURES...............................................30
Services Agreement
7565 Mason Corridor Tree Watering Page 15 of 36
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of
the underlying contract, absent the express written consent by the Federal
Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any other party
(whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clause shall not be modified, except to identify the subcontractor who will be subject to
its provisions.
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et seg. and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to
this Project. Upon execution of the underlying contract, the Contractor certifies or
affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted
project for which this contract work is being performed. In addition to other penalties
that may be applicable, the Contractor further acknowledges that if it makes, or causes
to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49
U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C.
§ 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal
Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that
the clauses shall not be modified, except to identify the subcontractor who will be
subject to the provisions.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient
or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the
Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller
Services Agreement
7565 Mason Corridor Tree Watering Page 16 of 36
General of the United States or any of their authorized representatives access to any
books, documents, papers and records of the Contractor which are directly pertinent
to this contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the
FTA Administrator or his authorized representatives including any PMO Contractor
access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance
through the programs described at 49 U.S.C. 5307, 5309 or 5311.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
C. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of
termination or expiration of this contract, except in the event of litigation or settlement
of claims arising from the performance of this contract, in which case Contractor
agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller
General, or any of their duly authorized representatives, have disposed of all such
litigation, appeals, claims or exceptions related thereto. Reference 49 CFR
18.39(i)(11).
D. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operationa
I Service
Contract
Turnkey
Constructio
n
Architectural
Engineering
Acquisitio
n of
Rolling
Stock
Professional
Services
I State Grantees
a. Contracts below
None
Those
None
None
None
None
SAT ($100,000)
imposed on
state pass
thru to
b. Contracts above
None
Contractor
Yes, if non-
None unless
None
None unless non-
$100,000/Capital
unless'
competitive
non-
unless
competitive award
Projects
non-
award or if
competitive
non-
competitive
funded thru2
award
competitiv
award
5307/5309/5
a award
311
II Non State Grantees
a. Contracts below
Those
SAT ($100,000)
Yes'
imposed on
Yes
Yes
Yes
Yes
non -state
b. Contracts above
Grantee
$100,000/Capital
pass thru to
Projects
Yes3
Contractor
Yes
Yes
Yes
Yes
Sources of Authority: '49 USC 5325 (a) ` 49 CFR 633.17 ' 18 CFR 18.36 (i)
Services Agreement
7565 Mason Corridor Tree Watering Page 17 of 36
4. FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA
regulations, policies, procedures and directives, including without limitation those listed
directly or by reference in the Master Agreement between Purchaser and FTA, as they
may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
5. TERMINATION
A. Termination for Convenience (General Provision) The (Recipient) may terminate
this contract, in whole or in part, at any time by written notice to the Contractor when it
is in the Government's best interest. The Contractor shall be paid its costs, including
contract close-out costs, and profit on work performed up to the time of termination.
The Contractor shall promptly submit its termination claim to (Recipient) to be paid the
Contractor. If the Contractor has any property in its possession belonging to the
(Recipient), the Contractor will account for the same, and dispose of it in the manner
the (Recipient) directs.
B. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in the manner called for in the
contract, or if the Contractor fails to comply with any other provisions of the contract,
the (Recipient) may terminate this contract for default. Termination shall be effected
by serving a notice of termination on the contractor setting forth the manner in which
the Contractor is in default. The contractor will only be paid the contract price for
supplies delivered and accepted, or services performed in accordance with the manner
of performance set forth in the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or
are beyond the control of the Contractor, the (Recipient), after setting up a new
delivery of performance schedule, may allow the Contractor to continue work, or treat
the termination as a termination for convenience.
C. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may,
in the case of a termination for breach or default, allow the Contractor [an appropriately
short period of time] in which to cure the defect. In such case, the notice of termination
will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of
the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt
by Contractor of written notice from (Recipient) setting forth the nature of said breach
or default, (Recipient) shall have the right to terminate the Contract without any further
obligation to Contractor. Any such termination for default shall not in any way operate
to preclude (Recipient) from also pursuing all available remedies against Contractor
and its sureties for said breach or default.
6. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C.
Services Agreement
7565 Mason Corridor Tree Watering Page 18 of 36
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will
not discriminate against any employee or applicant for employment because of race,
color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees
to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.
§ 5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive
Order No. 11246, "Equal Employment Opportunity," as amended by Executive
Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in
the future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(b) Acme - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FTA, modified only if necessary
to identify the affected parties.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for
DBE participation is 9.9 %. A separate contract goal has not been established for this
Services Agreement
7565 Mason Corridor Tree Watering Page 19 of 36
Provider must provide written notice to the City of such condition within fifteen (15) days
from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in
writing by the parties. All notices provided under this Agreement shall be effective when
mailed, postage prepaid and sent to the following addresses:
Service Provider: City: Copy to:
Korby Landscape LLC City of Fort Collins City of Fort Collins
Attn: Steve Korby Attn: Erika Keeton Attn: Purchasing Dept.
PO Box 1320 PO Box 580 PO Box 580
Wellington, CO 80549 Fort Collins, CO 80522 Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
5. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Service Provider on an hourly basis in accordance with
Exhibit "B" consisting of one (1) page, attached hereto and incorporated herein. The
maximum compensation shall not exceed Thirty -Six Thousand Six Hundred Eighty Dollars
($36,680) per year, which represents Five Hundred Twenty -Four (524) hours work per
year.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All
requests concerning this agreement shall be directed to the City Representative.
Services Agreement
7565 Mason Corridor Tree Watering Page 2 of 36
procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted
contract. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other
remedy as City of Fort Collins deems appropriate. Each subcontract the contractor
signs with a subcontractor must include the assurance in this paragraph (see 49 CFR
26.13(b)).
c. The successful bidder/offeror will be required to report its DBE participation obtained
through race -neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the
contractor's receipt of payment for that work from the City of Fort Collins. In addition,
[the contractor may not hold retainage from its subcontractors.] [is required to
return any retainage payments to those subcontractors within 30 days after the
subcontractor's work related to this contract is satisfactorily completed.] [is
required to return any retainage payments to those subcontractors within 30
days after incremental acceptance of the subcontractor's work by the City of
Fort Collins and contractor's receipt of the partial retainage payment related to
the subcontractor's work.]
The contractor must promptly notify City of Fort Collins whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete
its work, and must make good faith efforts to engage another DBE subcontractor to
perform at least the same amount of work. The contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of City of Fort Collins.
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
(name of grantee) requests which would cause (name of grantee) to be in violation of the
FTA terms and conditions.
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal
agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This
government -wide regulation implements Executive Order 12549, Debarment and
Suspension, Executive Order 12689, Debarment and Suspension, and 31
U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level
Services Agreement
7565 Mason Corridor Tree Watering Page 20 of 36
expected to equal or exceed $25,000 as well as any contract or subcontract (at any level)
for Federally required auditing services. 49 CFR 29.220(b). This represents a change
from prior practice in that the dollar threshold for application of these rules has been
lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in
the regulation as "covered transactions."
Grantees, contractors, and subcontractors (at any level) that enter into covered
transactions are required to verify that the entity (as well as its principals and affiliates)
they propose to contract or subcontract with is not excluded or disqualified. They do this
by (a) Checking the Excluded Parties List System, (b) Collecting a certification
from that person, or (c) Adding a clause or condition to the contract or
subcontract. This represents a change from prior practice in that certification
is still acceptable but is no longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions
also must require the entities they contract with to comply with 49 CFR 29,
subpart C and include this requirement in their own subsequent covered
transactions (i.e., the requirement flows down to subcontracts at all levels).
Clause Lanquage
The following clause language is suggested, not mandatory. It incorporates the optional
method of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such,
the contractor is required to verify that none of the contractor, its principals, as
defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded
or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include
the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered
transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows
The certification in this clause is a material representation of fact relied upon by (insert
agency name). If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to (insert agency name), the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
10. CARGO PREFERENCE REQUIREMENTS
Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to
use privately owned United States -Flag commercial vessels to ship at least 50 percent of
the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and
tankers) involved, whenever shipping any equipment, material, or commodities pursuant to
the underlying contract to the extent such vessels are available at fair and reasonable
rates for United States -Flag commercial vessels; b. to furnish within 20 working days
following the date of loading for shipments originating within the United States or within 30
working days following the date of leading for shipments originating outside the United
Services Agreement
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States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for
each shipment of cargo described in the preceding paragraph to the Division of National
Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590
and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -
lading.) c. to include these requirements in all subcontracts issued pursuant to this
contract when the subcontract may involve the transport of equipment, material, or
commodities by ocean vessel.
11. DAVIS-BACON AND COPELAND ANTI -KICKBACK ACTS
Background and Application
The Davis -Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC
874. The Acts apply to grantee construction contracts and subcontracts that "at least
partly are financed by a loan or grant from the Federal Government." 40 USC 3145(a), 29
CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000.
40 USC 3142(a), 29 CFR 5.5(a). 'Construction,' for purposes of the Acts, includes "actual
construction, alteration and/or repair, including painting and decorating." 29 CFR 5.5(a).
The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11)
enumerated at 29 CFR 5.5(a) and reproduced below.
The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the
model clause below should be coordinated with counsel to ensure the Acts' requirements
are satisfied.
Clause Language
Davis -Bacon and Copeland Anti -Kickback Acts
(1) Minimum wages —
(i) All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in
the construction or development of the project), will be paid unconditionally and not
less often than once a week, and without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by regulations issued by
the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be alleged to exist
between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits
under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the
provisions of paragraph (1)(iv) of this section; also, regular contributions made or
costs incurred for more than a weekly period (but not less often than quarterly)
under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such
laborers and mechanics shall be paid the appropriate wage rate and fringe benefits
on the wage determination for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or
mechanics performing work in more than one classification may be compensated
at the rate specified for each classification for the time actually worked therein:
Services Agreement
7565 Mason Corridor Tree Watering Page 22 of 36
Provided, That the employer's payroll records accurately set forth the time spent in
each classification in which work is performed. The wage determination (including
any additional classifications and wage rates conformed under paragraph (1)(ii) of
this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by
the contractor and its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
(ii) (A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to
be employed under the contract shall be classified in conformance with the
wage determination. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefore only when the
following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to
be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification
prevails in the area in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), a report of the action taken shall be sent by
the contracting officer to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor, Washington,
DC 20210. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer
within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree
on the proposed classification and wage rate (including the amount designated
for fringe benefits, where appropriate), the contracting officer shall refer the
questions, including the views of all interested parties and the recommendation
of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all
workers performing work in the classification under this contract from the first
day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an hourly rate,
Services Agreement
7565 Mason Corridor Tree Watering Page 23 of 36
the contractor shall either pay the benefit as stated in the wage determination or
shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the
contractor may consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of Labor has found, upon
the written request of the contractor, that the applicable standards of the Davis -
Bacon Act have been met. The Secretary of Labor may require the contractor to
set aside in a separate account assets for the meeting of obligations under the plan
or program.
(v) (A) The contracting officer shall require that any class of laborers or mechanics
which is not listed in the wage determination and which is to be employed
under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification
and wage rate and fringe benefits therefore only when the following criteria
have been met:
(1) The work to be performed by the classification requested is not performed
by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination.
(B) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), a report of the action taken shall be sent by
the contracting officer to the Administrator of the Wage and Hour Division,
Employment Standards Administration, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting officer within the
30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree
on the proposed classification and wage rate (including the amount designated
for fringe benefits, where appropriate), the contracting officer shall refer the
questions, including the views of all interested parties and the recommendation
of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination with
30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all
workers performing work in the classification under this contract from the first
day on which work is performed in the classification.
(2) Withholding —
Services Agreement
7565 Mason Corridor Tree Watering Page 24 of 36
The City of Fort Collins shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld
from the contractor under this contract or any other Federal contract with the same
prime contractor, or any other federally -assisted contract subject to Davis -Bacon
prevailing wage requirements, which is held by the same prime contractor, so much of
the accrued payments or advances as may be considered necessary to pay laborers
and mechanics, including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract. In
the event of failure to pay any laborer or mechanic, including any apprentice, trainee,
or helper, employed or working on the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), all or part of the wages required by the contract, the City
of Fort Collins may, after written notice to the contractor, sponsor, applicant, or
owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records —
(i) Payrolls and basic records relating thereto shall be maintained by the contractor
during the course of the work and preserved for a period of three years thereafter
for all laborers and mechanics working at the site of the work (or under the United
States Housing Act of 1937, or under the Housing Act of 1949, in the construction
or development of the project). Such records shall contain the name, address, anc
social security number of each such worker, his or her correct classification, hourly
rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in section
1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under
a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the
contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that
the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
(ii) (A) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the City of Fort Collins for transmission to
the Federal Transit Administration. The payrolls submitted shall set out
accurately and completely all of the information required to be maintained
under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may
be submitted in any form desired. Optional Form WH-347 is available for this
purpose and may be purchased from the Superintendent of Documents
(Federal Stock Number 029-005-00014-1), U.S. Government Printing Office,
Washington, DC 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
Services Agreement
7565 Mason Corridor Tree Watering Page 25 of 36
signed by the contractor or subcontractor or his or her agent who pays or
supervises the payment of the persons employed under the contract and shall
certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and
that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid
the full weekly wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or indirectly from the
full wages earned, other than permissible deductions as set forth in
Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of
work performed, as specified in the applicable wage determination
incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for
submission of the "Statement of Compliance" required by paragraph
(a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and
section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph
(a)(3)(i) of this section available for inspection, copying, or transcription by
authorized representatives of the Federal Transit Administration or the Department
of Labor, and shall permit such representatives to interview employees during
working hours on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the Federal agency may, after written
notice to the contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee
of funds. Furthermore, failure to submit the required records upon request or to
make such records available may be grounds for debarment action pursuant to 29
CFR 5.12.
(4) Apprentices and trainees —
(i) Apprentices - Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship program registered with the
U.S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State Apprenticeship Agency recognized by
the Bureau, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate)
to be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire work force under
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7565 Mason Corridor Tree Watering Page 26 of 36
the registered program. Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any apprentice performing work on the job
site in excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor is performing construction on a project in a locality
other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in the
contractor's or subcontractor's registered program shall be observed. Every
apprentice must be paid at not less than the rate specified in the registered
program for the apprentice's level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable wage determination. Apprentices
shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator of the Wage and
Hour Division of the U.S. Department of Labor determines that a different practice
prevails for the applicable apprentice classification, fringes shall be paid in
accordance with that determination. In the event the Bureau of Apprenticeship and
Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the contractor will no longer be permitted
to utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has received
prior approval, evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee program does
not mention fringe benefits, trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides
for less than full fringe benefits for apprentices. Any employee listed on the payroll
at a trainee rate who is not registered and participating in a training plan approved
by the Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work actually
performed. In the event the Employment and Training Administration withdraws
approval of a training program, the contractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the work performed until
an acceptable program is approved.
Services Agreement
7565 Mason Corridor Tree Watering Page 27 of 36
(iii) Equal employment opportunity - The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended, and 29 CFR part
30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the
Federal Transit Administration may by appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5
may be grounds for termination of the contract, and for debarment as a contractor and
a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements - All rulings and
interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3,
and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
(10) Certification of eligibility—
(i) By entering into this contract, the contractor certifies that neither it (nor he or she)
nor any person or firm who has an interest in the contractor's firm is a person or
firm ineligible to be awarded Government contracts by virtue of section 3(a) of the
Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or
29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001.
12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Background and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq.
The Act applies to grantee contracts and subcontracts "financed at least in part by loans or
grants from ... the [Federal] Government." 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR
5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any
construction contract over $2,000 or non -construction contract to which the Act applied
over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no
longer applies to any "contract in an amount that is not greater than $100,000." 40 USC
3701(b)(3) (A)(iii).
Services Agreement
7565 Mason Corridor Tree Watering Page 28 of 36
The Act applies to construction contracts and, in very limited circumstances, non -
construction projects that employ "laborers or mechanics on a public work." These non -
construction applications do not generally apply to transit procurements because transit
procurements (to include rail cars and buses) are deemed "commercial items." 40 USC
3707,141 USC 403 (12). A grantee that contemplates entering into a contract to procure a
developmental or unique item should consult counsel to determine if the Act applies to that
procurement and that additional language required by 29 CFR 5.5(c) must be added to the
basic'clause below.
i
The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the
model clause below should be coordinated with counsel to ensure the Act's requirements
are satisfied.
Clause Language Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of
forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in paragraph (1) of this section the contractor and any
subcontractor responsible therefore- shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar
day on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required by
the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The (write in the name
of the grantee) shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime contractor,
or;any other federally -assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs (1) through (4) of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this
section.
13. ENERGY CONSERVATION REQUIREMENTS
Services Agreement
7565 Mason Corridor Tree Watering Page 29 of 36
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort
Collins. The City shall not be responsible for withholding any portion of Service Provider's
compensation hereunder for the payment of FICA, Workmen's Compensation or other
taxes or benefits or for any other purpose.
8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Service Provider.
9. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign
any responsibilities nor delegate any duties arising under the Agreement without the prior
written consent of the City.
10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this
Agreement.
Services Agreement
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Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plan issued in compliance with the Energy Policy and Conservation Act.
14. RECYCLED PRODUCTS
Recovered Materials - The contractor agrees to comply with all the requirements of
Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42
U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247,
and Executive Order 12873, as they apply to the procurement of the items designated in
Subpart B of 40 CFR Part 247.
15. ADA Access
Accessibility. Facilities to be used in public transportation service must comply with 42
U.S.C. Sections 12101 et seq. and DOT regulations, "Transportation Services for
Individuals with Disabilities (ADA)," 49 CFR Part 37; and Joint ATBCB/DOT regulations,
"Americans with Disabilities (ADA) Accessibility Specifications for Transportation
Vehicles," 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by
reference the ATBCB's "Americans with Disabilities Act Accessibility Guidelines"
(ADAAG), revised July 2004, which include accessibility guidelines for buildings and
facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added
specific provisions to Appendix A modifying the ADAAG, with the result that buildings and
facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49
CFR Part 37.
16. CITY OF FORT COLLINS BID PROTEST PROCEDURES
The City of Fort Collins has a protest procedure, covering any phase of solicitation or
award, including but not limited to specification or award. The protest procedures are
available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd
Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the
procedures by emailing: Purchasing(@fcgov.com or calling 970-221-6775.
Services Agreement
7565 Mason Corridor Tree Watering Page 30 of 36
EXHIBIT F
DAVIS BACON WAGE RATES
General Decision Number: C0130024 01/04/2013 CO24
Superseded General Decision Number: CO20120024
State: Colorado
Construction Type: Highway
Counties: Larimer, Mesa and Weld Counties in Colorado.
HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
0 01/04/2013
* ENGI0009-012 06/25/2012
Rates Fringes
POWER EQUIPMENT OPERATOR
(3)- Drill Rig Caisson
(smaller than Watson 2500
and similar) ................$ 24.27 8.62
(4)-Oiler
Weld County ................$ 24.42 8.62
(5)-Drill Rig Caisson
(Watson 2500 similar or
larger) .....................$ 24.57 8.62
SUCC2011-009 09/15/2011
Rates
Fringes
CARPENTER
Excludes Form Work ..........
$
20.72
5.34
Form Work Only
Latimer, Mesa ..............$
18.79
3.67
Weld .......................$
16.54
3.90
CEMENT MASON/CONCRETE FINISHER
Larimer.....................$
16.05
3.00
Mesa ........................$
17.53
3.00
Weld ........................$
17.48
3.00
ELECTRICIAN
Excludes Traffic
Signalization
Weld .......................$ 33.45 7.58
Traffic Signaliztion
Weld .......................$ 25.84 6.66
FENCE ERECTOR
Weld ........................$ 17.46 3.47
Services Agreement
7565 Mason Corridor Tree Watering Page 31 of 36
GUARDRAIL INSTALLER
Larmer, weld ................$
12.89
3.39
HIGHWAY/PARKING LOT
STRIPING:Painter
Larimer.....................$
14.79
3.98
Mesa ........................$
14.75
3.21
Weld ........................$
14.66
3.21
IRONWORKER, REINFORCING
(Excludes Guardrail
Installation)
Larimer, Weld ...............$ 16.69 5.45
IRONWORKER, STRUCTURAL
(Excludes Guardrail
Installation)
Larimer, Weld ...............$ 18.22 6.01
LABORER
Asphalt Raker
Larimer....................$
18.66
4.66
Weld .......................$
16.72
4.25
Asphalt Shoveler ............
$
21.21
4.25
Asphalt Spreader ............
$
18.58
4.65
Common or General ...........
$
16.29
4.25
Concrete Saw (Hand Held) ....
$
16.29
6.14
Landscape and Irrigation ....
$
12.26
3.16
Mason Tender-
Cement/Concrete.............$
16.29
4.25
Pipelayer
Larimer....................$
17.27
3.83
Mesa, Weld .................$
16.23
3.36
Traffic Control (Flagger)...
$
9.55
3.05
Traffic Control (Sets
Up/Moves Barrels, Cones,
Install Signs, Arrow
Boards and Place
Stationary Flags)(Excludes
Flaggers)
Larimer, Weld ..............$
12.43
3.22
PAINTER (Spray Only) .............$
16.99
2.87
POWER EQUIPMENT OPERATOR:
Asphalt Laydown
Larimer....................$
26.75
5.39
Mesa,Weld..................$
23.93
7.72
Asphalt Paver ...............$
21.50
3.50
Asphalt Roller
Larimer....................$
23.57
3.50
Mesa .......................$
24.25
3.50
Weld .......................$
27.23
3.50
Asphalt Spreader
Larimer....................$
25.88
6.80
Mesa, Weld .................$
23.66
7.36
Services Agreement
7565 Mason Corridor Tree Watering Page 32 of 36
Backhoe/Trackhoe
Larimer....................$
21.46
4.85
Mesa .......................$
19.81
6.34
Weld .......................$
20.98
6.33
Bobcat/Skid Loader
Larimer....................$
17.13
4.46
Mesa, Weld .................$
15.37
4.28
Boom ........................$
22.67
8.72
Broom/Sweeper
Larimer....................$
23.55
6.20
Mesa .......................$
23.38
6.58
Weld .......................$
23.23
6.89
Bulldozer
Larimer, Weld ..............$
22.05
6.23
Mesa .......................$
22.67
8.72
Crane .......................$
26.75
6.16
Drill
Larimer, Weld ..............$
31.39
0.00
Mesa .......................$
35.06
0.00
Forklift ....................$
15.91
4.68
Grader/Blade
Larimer....................$
24.82
5.75
Mesa .......................$
23.42
9.22
Weld .......................$
24.53
6.15
Guardrail/Post Driver .......
$
16.07
4.41
Loader (Front End)
Larimer....................$
20.45
3.50
Mesa .......................$
22.44
9.22
Weld .......................$
23.92
6.67
Mechanic
Larimer....................$
27.68
4.57
Mesa .......................$
25.50
5.38
Weld .......................$
24.67
5.68
Oiler
Larimer....................$
24.16
8.35
Mesa .......................$
23.93
9.22
Roller/Compactor (Dirt and
Grade Compaction)
Mesa, Weld .................$
21.33
6.99
Roller/Compactor (Dirt and
Grade Compaction
Larimer....................$
23.67
8.22
Rotomill
Larimer....................$
18.59
4.41
Weld .......................$
16.22
4.41
Scraper
Larimer....................$
21.33
3.50
Mesa .......................$
24.06
4.13
Weld .......................$
30.14
1.40
Screed
Larimer....................$
27.20
5.52
Mesa .......................$
27.24
5.04
Weld .......................$
27.95
3.50
Tractor .....................$
13.13
2.95
TRAFFIC SIGNALIZATION:
Groundsman
Services Agreement
7565 Mason Corridor Tree Watering Page 33 of 36
Larimier....................$ 11.44
Mesa ........................$ 16.00
Weld ........................$ 16.93
TRUCK DRIVER
Distributor
Larimer....................$
Mesa .......................$
Weld .......................$
Dump Truck
Larimer....................$
Mesa .......................$
Weld .......................$
Lowboy Truck
Larimer....................$
Mesa,Weld..................$
Mechanic ....................$
Multi -Purpose Specialty &
Hoisting Truck
Larimer, Mesa ..............$
Weld .......................$
Pickup and Pilot Car ........ $
Semi/Trailer Truck .......... $
Truck Mounted Attenuator.... $
Water Truck
Larimer....................$
Mesa .......................$
Weld .......................$
19.28
19.17
20.61
18.86
15.27
15.27
■
2.84
5.85
3.58
4.89
4.84
5.27
3.50
4.28
5.27
5.30
5.17
3.50
16.65
5.46
16.87
5.56
13.93
3.68
18.39
4.13
12.43
3.22
19.14
4.99
is.96
5.27
19.28
5.04
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is union or non -union.
Union Identifiers
An identifier enclosed in dotted lines beginning with
characters other than "SU" denotes that the union
Services Agreement
7565 Mason Corridor Tree Watering Page 34 of 36
classification and rate have found to be prevailing for that
classification. Example: PLUM0198-005 07/01/2011. The first
four letters , PLUM, indicate the international union and the
four -digit number, 0198, that follows indicates the local union
number or district council number where applicable , i.e.,
Plumbers Local 0198. The next number, 005 in the example, is
an internal number used in processing the wage determination.
The date, 07/01/2011, following these characters is the
effective date of the most current negotiated rate/collective
bargaining agreement which would be July 1, 2011 in the above
example.
Union prevailing wage rates will be updated to reflect any
changes in the collective bargaining agreements governing the
rates.
0000/9999: weighted union wage rates will be published annually
each January.
Non -Union Identifiers
Classifications listed under an "SU" identifier were derived
from survey data by computing average rates and are not union
rates; however, the data used in computing these rates may
include both union and non -union data. Example: SULA2009-007
5/13/2010. SU indicates the rates are not union majority rates,
LA indicates the State of Louisiana; 2004 is the year of the
survey; and 007 is an internal number used in producing the
wage determination. A 1993 or later date, 5/13/2010, indicates
the classifications and rates under that identifier were issued
as a General Wage Determination on that date.
Survey wage rates will remain in effect and will not change
until a new survey is conducted.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
Services Agreement
7565 Mason Corridor Tree Watering Page 35 of 36
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Services Agreement
7565 Mason Corridor Tree Watering Page 36 of 36
ACOR-I
CERTIFICATE OF
LIABILITY INSURANCE
DATE(MM/DDnvvY)
11/15/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE
A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the
policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
ALESSANDRA INSURANCE AGENCY
3100 S Parker Rd #100
Go ACT
NAME:
PRONE (303)745-0404
a EN: ac NG(303) 745-0544
qio
ADDREss: ralessandra@aiagency.net
Aurora, CO 80014
INSURER(5) AFFORDING COVERAGE
NNCr
INSURER A: TRUCK INSURANCE EXCHANGE
INSURED
INSURERB:Fa=ers Insurance Group
Korby Landscape LLC
INSURER C:
INSURER D:
3201 E Mulberry St Unit S
INsuRERE:
Fort Collins, CO 80524
INSURERF:
970 568 7633
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I
LTR
TYPE OF INSURANCE
INSR
vivo
POLICY NUMBER
MWDD/YYYY
UP
MMrDDIYYYY
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE DoccuR
604863001
11/10/2013
11/10/2014
EACH OCCURRENCE
S 1, 000, 000
PREMISES Ea oCcurrencen
S 100, 000
MED UP (My we person)
$ 5, 000
PERSONAL A ADV INJURY
$ 1, 000, 000
GENERAL AGGREGATE
$ 2, 000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
X POLICY PEA LOC
PRODUCTS - COMP/OP AGG
$ 2, 000,000
$
A
AUTOMOBILE
LIABILITY
ANYAUTO
AALLUTOS OWNED XgUTOSULED
NON -OWNED
HIRED AUTOS AUTOS
604863001
I
11/10/2013
11/10/2014
COMBINED SINGLE LIMII
Ea accident
$ 11 000,000
BODILY INJURY (Per person)
$
X
BODILY INJURY(per accident)
$
P RT AMA
Per accident
S
Is
A
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
604863444
a/1o/zo13
a/1o/zD1a
EACH OCCURRENCE
$ 1, 000, 000
AGGREGATE
$ 1,000,000
DED X RETENTIONS 10, 000
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNEWEXECUTIVE YIN
OFACERRdEMBER EXCLUDED? ❑
(Mandatary In NN)
If yes, desedbe unoe,
DE SCRIPTION OF OPERATIONS below
NIA
A04171131
02/23/2013
02/23/2014
WSTATU- OTH
TORCY LIMITS ER
ELEACHACCIDENT
S 100,000
E.L. DISEASE - EA EMPLOYE
S 100,000
IS
E.L. DISEASE -POLICY LIMIT
500,000
DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES (Attach ACO RD IIn, Additional Remarks Schedule, it more space is regvired)
City of Fort Collins CO Financial Services Purchasing Division is listed as
additional insured on general liability and auto liability.
City of Fort Collins CO
Financial Services
Purchasing Division
PO Box 580
Fort Collins, CO 80525-0580
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
cnRPnRATInfJ All dohm—.—H
ACORD25(2010/05) The ACORD name and logo are registered marks of ACORD
11. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City -furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
12. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
13. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
Services Agreement
7565 Mason Corridor Tree Watering Page 4 of 36
performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting
party commences legal or equitable actions against the defaulting party, the defaulting
party shall be liable to the non -defaulting party for the non -defaulting party's reasonable
attorney fees and costs incurred because of the default.
14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
15. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this
reference. The Service Provider before commencing services hereunder, shall deliver
to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins,
Colorado 80522 one copy of a certificate evidencing the insurance coverage required
from an insurance company acceptable to the City.
Services Agreement
7565 Mason Corridor Tree Watering Page 5 of 36
16. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
17. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision
of this Agreement.
18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
Services Agreement
7565 Mason Corridor Tree Watering Page 6 of 36
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department') made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider's violation of
Subsection 8-17.5-102, C.R.S.
Services Agreement
7565 Mason Corridor Tree Watering Page 7 of 36
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
19. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality,
consisting of one (1) page; Exhibit "E" — Federal Terms & Conditions, consisting of sixteen
(16) pages; and Exhibit "F" — Davis Bacon Wage Rates, consisting of six (6) pages,
attached hereto and incorporated herein by this reference.
Services Agreement
7565 Mason Corridor Tree Watering Page 8 of 36
CITY OF FOVNS,COL DO
a municipal
By:
Gerry Paul
Director of Purchasing and Risk Management
Date:_! 1 / 11 13
KORBY LANDSCAPE LLC
rA5 V%, f k
TITLE
Date: 111311.3
Services Agreement
7565 Mason Corridor Tree Watering Page 9 of 36