HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - CONTRACT - BID - 7641 LANDSCAPING SERVICES AT TRANSFORTServices Agreement
BID 7641 Landscaping Services at Transfort Page 1 of 36
SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and KORBY SOD 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 thirteen (13) pages and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Service Provider shall be solely responsible for performance of all
duties hereunder.
2. Contract Period This Agreement shall commence August 1, 2014, and shall continue in
full force and effect until July 31, 2015, unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed four (4) additional one year periods. Renewals and pricing changes
shall be negotiated by and agreed to by both parties. Written notice of renewal shall be
provided to the Service Provider and mailed no later than thirty (30) days prior to contract
end.
3. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence,
then the party so prevented shall be excused from whatever performance is prevented by
such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 2 of 36
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 Sod LLC
Attn: Steve Korby
2406 W County Road 60
Wellington, CO 80549
City of Fort Collins
Attn: Kathleen Walker
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
5. Contract Sum. The City shall pay the Service Provider for the performance of this
Contract, subject to additions and deletions provided herein, Seventeen Thousand Five
Hundred Twelve Dollars and Fifty Cents ($17,512.50) as per the attached Exhibit "B",
consisting of one (1) page, and incorporated herein by this reference.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All
requests concerning this agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 3 of 36
Collins. The City shall not be responsible for withholding any portion of Service Provider's
compensation hereunder for the payment of FICA, Workmen's Compensation or other
taxes or benefits or for any other purpose.
8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Service Provider.
9. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign
any responsibilities nor delegate any duties arising under the Agreement without the prior
written consent of the City.
10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this
Agreement.
11. Warranty.
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 4 of 36
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
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
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 5 of 36
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.
16. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 6 of 36
representations not contained in this Agreement shall not be binding on the parties.
17. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision
of this Agreement.
18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 7 of 36
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 8 of 36
19. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality,
consisting of one (1) page; and Exhibit “E” – Federal Requirements, consisting of twelve
(12) pages, attached hereto and incorporated herein by this reference.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
Gerry Paul
Director of Purchasing and Risk Management
Date:_____________________________
KORBY SOD LLC
By:_______________________________
__________________________________
PRINT NAME
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Steve Korby
Steve L Korby
8/12/2014
8/12/2014
Services Agreement
BID 7641 Landscaping Services at Transfort Page 9 of 36
EXHIBIT A
SCOPE OF WORK
1.0 GENERAL
1.1 SCOPE
The Contractor shall complete landscape maintenance of designated areas as noted
in this document. During and at the end of the maintenance period, all plant material
shall be in a healthy, growing condition. The Contractor shall provide all equipment,
labor, and materials necessary for performing landscape maintenance and irrigation
services according to these specifications.
Scope of work will include three (3) Facilities and MAX Stations along the Transfort
BRT Guideway.
1.1.1 Transfort Maintenance Facility (TMF)
6570 Portner Road
1.1.2 Downtown Transit Center (DTC)
250 N. Mason Street
1.1.3 South Transit Center (STC)
4916 Fossil Blvd.
1.1.4 Transfort BRT Guideway
1.1.4.1 Harmony Station
1.1.4.2 Troutman Station
1.1.4.3 Troutman Park N Ride
1.1.4.4 Horsetooth Station
1.1.4.5 Swallow Stations ( Northbound & Southbound)
1.1.4.6 Drake Station
1.1.4.7 Drake Park N Ride
1.1.4.8 Bay Farm Station
1.1.4.9 Prospect Station
1.1.4.10 University Station
1.2 QUALITY OF WORK
1.2.1 All work shall be performed in accordance with best landscape and
maintenance practices and irrigation management practice, as per ALCC
Best Management Practices and Green Co Best Management Practices.
1.3 LOST & FOUND ARTICLE
1.3.1 The Contractor shall insure that all articles found by his employees while
performing duties under this contract are turned into one of the three transit
facilities.
1.4 CONTRACTOR RESPONSIBILITES
1.4.1 The Contractor shall be responsible for all damages, losses or injuries that
occur as a result of the fault or negligence of said contractor or his employees
in connection with the performance of this work.
1.5 AVAILABILITY
1.5.1 Contractor shall be available and provide a current telephone and/or cellular
telephone number (toll free call from Fort Collins), & email for service issues
that arise in accordance with this scope of work, and for emergent issues that
may arise.
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 10 of 36
1.6 PERSONNEL
1.6.1 The Contractor shall assure there is sufficient supervision on the job and the
supervisor is capable of discussing matters pertaining to the contract and
work performed.
1.6.2 The Contractor shall furnish sufficient supervisory and working personnel
capable of promptly accomplishing to the satisfaction of Transfort and on
schedule, all work required under this contract during regular and prescribed
hours.
1.6.3 Contractor shall assure, he and his employees conduct themselves in a
respectable, proper and efficient manner at all times when providing service
at all locations outlined in the contract.
1.6.4 Transfort may require the Contractor to remove from the work site any
employee(s) deemed careless, incompetent or otherwise objectionable,
whose continued employment on the job is considered to be contrary to the
best interests of the City.
1.6.5 Each Contractor crew shall have at least one English-speaking crew chief
able to translate directions to the remaining crewmembers.
1.7 COMPANY IDENTIFICATION
1.7.1 Contractor’s employees shall wear clothing or have visible identification that
identifies them as employees of the Contractor’s company.
1.7.2 Contractor’s company vehicles shall have a company-identifying marker
prominently displayed.
1.8 SUBCONTRACTORS
1.8.1 All persons engaged in the work outlined in contract shall be considered
employees of the Contractor. Any subcontract work must be approved by the
Transfort Contract Coordinator in writing.
1.8.2 The Contractor shall be responsible for the work of all employees.
1.9 REPAIRS TO EXISTING FACILITIES
1.9.1 Contractor 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 their duties.
1.9.2 Contractor 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 Contractors
performance or work. Repairs shall be immediate or as agreed upon with
Transfort Contract Coordinator.
1.10 VANDALISM
1.10.1 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 mysterious damages that are not a result of
the Contractor, shall be repaired at City expense by the Contractor 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.
1.10.2 The Contractor shall submit a weekly report of any damages that will be billed
to the City.
1.11 SAFETY REQUIREMENTS
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 11 of 36
1.11.1 All work performed under this contract shall be in such a manner as to
provide maximum safety to the public and where applicable comply with all
safety standards required by OSHA
1.11.2 Transfort Contract Coordinator (or designee) reserves the right to stop the
Contractor or his crews when unsafe or harmful acts are observed relative to
the performance of work.
1.12 HAZARDOUS CONDITIONS
1.12.1 The City /Transfort will be responsible for all hazards in the contract areas
that are not a result of the Contractor’s work. The City will not be responsible
for hazards created by the negligence or omissions of the Contractor.
1.12.2 Any hazardous condition noted by the Contractor, which is not a result of his
work, shall be immediately reported to the Transfort Contract Coordinator at
221-6621 or the Transfort Division 221-6620.
1.13 TRAFFIC CONTROL
1.13.1 Contractor will conduct work at all times in a manner that will not interfere
with normal pedestrian traffic on adjacent sidewalks
1.13.2 Contractor will not interfere with vehicular or bus traffic.
1.14 MAINTENANCE PERFORMANCE INSPECTIONS
1.14.1 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 contractor for immediate correction. See Work
CONTRATOR WORK RATINGS 10.0 of this document
1.15 PAYMENT PROCESS
1.15.1 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.
1.15.2 The Contractor will be paid monthly for work performed satisfactorily under
this contract. Within the first five days of the month, the contractor shall
submit a detailed report of maintenance performed in the prior month. The
report shall include (but not limited to) the following information:
1.15.2.1 Number of complete mowing’s at each location
1.15.2.2 Number of complete irrigation inspections
1.15.2.3 Schedule changes,
1.15.2.4 Major work to be performed in the coming month, and any other
pertinent information
1.15.2.5 The use of pesticides or fertilizations shall be noted as to date,
time, area and what material was used
1.15.2.6 This report shall be accompanied by a billing in accordance with
the contract price for the work performed and shall become the
basis for payment.
1.15.2.7 The City may withhold payment to such extent as may be
necessary to protect the City from loss due to work required in the
specifications which is defective, inadequate, incomplete or not
performed.
1.16 SCHEDULING OF WORK
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 12 of 36
1.16.1 Contractor 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)
1.16.2 The Contractor 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.
1.16.3 The contractor must have the ability to respond to an urgent call within 45
minutes or less of receiving the call.
2.0 FACILITY LOCATIONS
2.1 TRANSFORT OPERATIONS & MAINTENANCE FACILITY
2.1.1 6570 Portner Road Fort Collins Colorado 80525
Map
2.1.2 Areas of responsibility:
2.1.2.1 Maintenance of landscape turf on entire property
2.1.2.2 Maintenance of complete Irrigation system
2.1.2.3 Maintenance of all Shrubs & Bushes on property
2.1.2.4 Maintenance of rock, mulch and bark areas on property
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 13 of 36
2.2 DOWNTOWN TRANSIT CENTER
2.2.1 250 N. Mason Street Fort Collins Colorado 80521
Map
2.2.2 Areas of responsibility:
2.2.2.1 Maintenance of landscape turf on entire property
2.2.2.2 Maintenance of complete Irrigation system
2.2.2.3 Maintenance of all Shrubs and Bushes on property
2.2.2.4 Maintenance of rock, mulch and bark areas on property
2.3 SOUTH TRANSIT CENTER
2.3.1 4916 Fossil Blvd.
Map:
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 14 of 36
2.3.2 Areas of responsibility:
2.3.2.1 Maintenance of landscape turf on entire property
2.3.2.2 Maintenance of complete Irrigation system
2.3.2.3 Maintenance of all Shrubs and Bushes on property
2.3.2.4 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)
2.4.1.6 Drake Station
2.4.1.7 Drake Park N Ride
2.4.1.8 Bay Farm Station
2.4.1.9 Prospect Station
2.4.1.10 University Station
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 15 of 36
3.0 IRRIGATION
3.1 GENERAL
3.1.1 Irrigation shall be accomplished by the use of an automatic sprinkler system
or drip lines at each location.
3.1.2 DTC, STC, TMF and 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 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 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 shall require re-sodding at the Contractor’s expense.
3.3.6 The Contractor shall submit a watering scheduleing report with scheduling
cirteria and each controllers operating schedule
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 Contractor’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 the first two weeks of 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
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 16 of 36
3.5.1 Watering schedules must meet restrictions set forth by the City of Fort Collins
Utilities.
3.5.2 Any fines or penalties due to failure to follow watering restrictions will be the
responsibility of the Contractor. This is even more important in times of
drought.
3.6 OPERATION OF AUTOMATIC IRRIGATION CONTROLLERS
3.6.1 The Contractor shall protect the security of irrigation controllers by keeping
controller cabinet doors locked at all times. Any stolen or vandalized
controllers as a result of unlocked cabinets or unsecured items shall be
replaced at contractor’s expense.
3.6.2 CFC / 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 contractor shall perform routine maintenance on the sprinkler system on
an every week to ten (10) day cycle.
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 2.3 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 Contractor 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 Contractor shall notify
the Transfort Contract Coordinator for approval.
3.8.3 The Contractor shall make an itemized report on the monthly billing that list:
3.8.3.1 man-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 Contractor performs the repair work, it shall be charged at the per
hour rate on the bid form plus materials at contractor price. City may request
invoices from supply house to verify contractor pricing.
3.9 SPRINKLER SYSTEM SPRING ENERGIZATION
3.9.1 The Contractor will schedule water turn-on through the Transfort Contract
Coordinator or CSU Facilities as required.
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 17 of 36
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 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 Contractor 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 devise will be checked and left as per system winterization
specifications to avoid damage cause by freezing water.
3.10.5 The Contractor will schedule water turn-off based no later than October 31 of
each year.
3.10.6 The Contractor 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 Contractor will be responsible for any freeze damage.
3.10.12 Contractor 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 height shall be set at 2 ½” - 3”.
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 in excess of 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 mowing operations shall be repaired within
15 days of incident at the Contractor’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.
4.3 MOWING FREQUENCY NONIRRIGATED TURF
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 18 of 36
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. The Contractor
should plan on 12 mowings scheduled approximately as follows:
April
1
times
August 1 times
May
4
times
September 1 times
June
3
times
October 1 times
July
1
times
TOTAL
12
times
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.
5.1.5 Any marks or damage to trees or shrubs will result in a penalty assessed by
the Transfort Contract Coordinator.
5.1.6 Any marks or damage to objects will be repaired at the Contractors 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=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 by the use of selective (2-4 D) and or pre-
emergent.
7.1.5 The use of any restricted herbicides or soil sterilant is prohibited
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.
7.1.7 The Contractor shall post all areas with flags to indicate that a herbicide
application has taken place (include the company name and contact phone
number).
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 19 of 36
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 Contractor 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 Contractor will replace any desirable plants or trees damaged beyond
recovery as a result of herbicide use.
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
8.1 FERTILIZATION
8.1.1 The Contractor shall take soil samples and have them analyzed by a qualified
laboratory. Based on the soil report.
8.1.2 The Contractor shall make a written recommendation for fertilization
requirements. A schedule for fertilization will be drawn up and submitted for
approval of the Project Manager.
8.1.3 A minimum of one spring and one late fall application would be 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 and biweekly during the winter.
9.2 PREMOWING CLEAN UP
9.2.1 The Contractor 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 Contractor shall meet with Transfort prior to spring clean-up to review
spring-clean up needs at each location covered in the Contract.
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 20 of 36
9.3.2 The Contractor, 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.
9.4 FALL CLEAN UP
9.4.1 Contractor 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
9.4.8
9.4.9 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 Suckers 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 PRUNNING
9.7.1 The City shall do all tree pruning.
9.7.2 Contractor 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 safety of Contractor personnel through the City Forestry Division.
10.0 CONTRATOR WORK RATINGS
10.1 WORK RATING
10.1.1 The quality of work and performance are important to CFC/Transfort and
reflect on the City, Transfort and the Contractor. To establish compliance
with the specifications found in Exhibit A, the following penalties shall be sued
in case of insufficient performance by the Contractor. Transfort Contract
Coordinator shall rate the quality and performance.
10.2 PENALTIES
10.2.1 A penalty shall be invoked when an inspection report reveals a maintenance
item was done unsatisfactory in accordance with the standards set forth in
Exhibit A. The Contractor will be given a minimum of two working days to
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 21 of 36
correct the deficient work. If the work after this time remains unsatisfactory,
the following percentage of the total calculated monthly billing would be
deducted as penalty:
Number of Deficient Degree of Penalty
Maintenance Operations
1 5% of Monthly Billing
2 10% of Monthly Billing
3 15% of Monthly Billing
4 20% of Monthly Billing
5 25% of Monthly Billing
At the point of more than five (5) deficient operations, the Contractor may be
found in default of the contract and removed for no cause.
10.2.2 Damage to trees by string trimmers or mowers will be penalized at $25.00 per
occurrence. If the project manager were notified prior to an inspection
notice, the penalty would be reduced to $10.00. Any penalties would be
deducted from the next monthly billing.
10.3 NON RECOVERY OF PENALTY BY CONTRACTOR
10.3.1 Money withheld as a penalty from any monthly payment due the Contractor
will be considered a forfeiture on the part of the Contractor and not
recoverable.
10.3.2 The intent if this contract is to provide a well maintain landscape with regard
to the specifications. Adherence to the specifications will make it
unnecessary to invoke penalties
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 22 of 36
EXHIBIT B
COMPENSATION
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 23 of 36
EXHIBIT C
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been received by the City of Fort
Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
No new insurance needed.
Services Agreement
BID 7641 Landscaping Services at Transfort Page 24 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.
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 25 of 36
EXHIBIT E
FEDERAL REQUIREMENTS
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federally Required and Other Model Contract Clauses
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES .............................................................. 26
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS ............................................................................................................................................ 26
3. ACCESS TO RECORDS AND REPORTS ..................................................................................... 26
4. FEDERAL CHANGES ................................................................................................................... 28
5. TERMINATION .............................................................................................................................. 28
6. CIVIL RIGHTS REQUIREMENTS .................................................................................................. 29
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ................................................................... 30
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS .......................... 30
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) .................... 30
10. BREACHES AND DISPUTE RESOLUTION .................................................................................. 31
11. LOBBYING .................................................................................................................................... 32
12. CLEAN AIR .................................................................................................................................... 34
13. CLEAN WATER REQUIREMENTS ............................................................................................... 34
14. CARGO PREFERENCE REQUIREMENTS ................................................................................... 34
15. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT .................................................. 34
16. ENERGY CONSERVATION REQUIREMENTS ............................................................................. 36
17. ADA Access .................................................................................................................................. 36
18. CITY OF FORT COLLINS BID PROTEST PROCEDURES ..................Error! Bookmark not defined.
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 26 of 36
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of
the underlying contract, absent the express written consent by the Federal
Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any other party
(whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clause shall not be modified, except to identify the subcontractor who will be subject to
its provisions.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to
this Project. Upon execution of the underlying contract, the Contractor certifies or
affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted
project for which this contract work is being performed. In addition to other penalties
that may be applicable, the Contractor further acknowledges that if it makes, or causes
to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49
U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C.
§ 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal
Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that
the clauses shall not be modified, except to identify the subcontractor who will be
subject to the provisions.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient
or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the
Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 27 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
l Service
Contract
Turnkey
Constructio
n
Architectural
Engineering
Acquisitio
n of
Rolling
Stock
Professional
Services
I State Grantees
a. Contracts below
SAT ($100,000)
b. Contracts above
$100,000/Capital
Projects
None
None
unless1
non-
competitive
award
Those
imposed on
state pass
thru to
Contractor
None
Yes, if non-
competitive
award or if
funded thru2
Services Agreement
BID 7641 Landscaping Services at Transfort Page 28 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.
D. Termination for Default (Supplies and Service) If the Contractor fails to deliver
supplies or to perform the services within the time specified in this contract or any
extension or if the Contractor fails to comply with any other provisions of this contract,
the (Recipient) may terminate this contract for default. The (Recipient) shall terminate
by delivering to the Contractor a Notice of Termination specifying the nature of the
default. The Contractor will only be paid the contract price for supplies delivered and
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 29 of 36
accepted, or services performed in accordance with the manner or performance set
forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the Recipient.
6. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will
not discriminate against any employee or applicant for employment because of race,
color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees
to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.
§ 5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive
Order No. 11246, "Equal Employment Opportunity," as amended by Executive
Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in
the future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and
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
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 30 of 36
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FTA, modified only if necessary
to identify the affected parties.
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for
DBE participation is 9.9 %. A separate contract goal has not been established for this
procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other
remedy as City of Fort Collins deems appropriate. Each subcontract the contractor
signs with a subcontractor must include the assurance in this paragraph (see 49 CFR
26.13(b)).
c. 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.
e. The contractor must promptly notify City of Fort Collins whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete
its work, and must make good faith efforts to engage another DBE subcontractor to
perform at least the same amount of work. The contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of City of Fort Collins.
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
(name of grantee) requests which would cause (name of grantee) to be in violation of the
FTA terms and conditions.
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicability
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 31 of 36
In conjunction with the Office of Management and Budget and other affected Federal
agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This
government-wide regulation implements Executive Order 12549, Debarment and
Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101
note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level
expected to equal or exceed $25,000 as well as any contract or subcontract (at any level)
for Federally required auditing services. 49 CFR 29.220(b). This represents a change
from prior practice in that the dollar threshold for application of these rules has been
lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in
the regulation as “covered transactions.”
Grantees, contractors, and subcontractors (at any level) that enter into covered
transactions are required to verify that the entity (as well as its principals and affiliates)
they propose to contract or subcontract with is not excluded or disqualified. They do this
by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that
person, or (c) Adding a clause or condition to the contract or subcontract. This represents
a change from prior practice in that certification is still acceptable but is no longer required.
49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must
require the entities they contract with to comply with 49 CFR 29, subpart C and include
this requirement in their own subsequent covered transactions (i.e., the requirement flows
down to subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional
method of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such,
the contractor is required to verify that none of the contractor, its principals, as
defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded
or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include
the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered
transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by {insert
agency name}. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to {insert agency name}, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
10. BREACHES AND DISPUTE RESOLUTION
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 32 of 36
City's [title of employee]. This decision shall be final and conclusive unless within [ten
(10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes
a written appeal to the [title of employee]. In connection with any such appeal, the
Contractor shall be afforded an opportunity to be heard and to offer evidence in support of
its position. The decision of the [title of employee] shall be binding upon the Contractor
and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by City, Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to
person or property because of any act or omission of the party or of any of his employees,
agents or others for whose acts he is legally liable, a claim for damages therefor shall be
made in writing to such other party within a reasonable time after the first observance of
such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes
and other matters in question between the City and the Contractor arising out of or relating
to this agreement or its breach will be decided by arbitration if the parties mutually agree,
or in a court of competent jurisdiction within the State in which the City is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents
and the rights and remedies available thereunder shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise imposed or available by law. No
action or failure to act by the City, (Architect) or Contractor shall constitute a waiver of any
right or duty afforded any of them under the Contract, nor shall any such action or failure
to act constitute an approval of or acquiescence in any breach thereunder, except as may
be specifically agreed in writing.
11. LOBBYING
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors
are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying
Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on
Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A,
Section 7, which provides that contractors file the certification required by 49 CFR Part
20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B
of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions
on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix
A.
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -
Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 33 of 36
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant
under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf
with non-Federal funds with respect to that Federal contract, grant or award covered by 31
U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted
with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for making lobbying contacts to an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form--
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as
amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed.
Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in
accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be
codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352
(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such expenditure or failure.]
The Contractor, ___________________, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq.,
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 34 of 36
apply to this certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
12. CLEAN AIR
Clean Air –
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The
Contractor agrees to report each violation to the Purchaser and understands and
agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
13. CLEAN WATER REQUIREMENTS
Clean Water –
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq. The Contractor agrees to report each violation to the Purchaser and
understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
14. CARGO PREFERENCE REQUIREMENTS
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to
use privately owned United States-Flag commercial vessels to ship at least 50 percent of
the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and
tankers) involved, whenever shipping any equipment, material, or commodities pursuant to
the underlying contract to the extent such vessels are available at fair and reasonable
rates for United States-Flag commercial vessels; b. to furnish within 20 working days
following the date of loading for shipments originating within the United States or within 30
working days following the date of leading for shipments originating outside the United
States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for
each shipment of cargo described in the preceding paragraph to the Division of National
Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590
and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-
lading.) c. to include these requirements in all subcontracts issued pursuant to this
contract when the subcontract may involve the transport of equipment, material, or
commodities by ocean vessel.
15. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Background and Application
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 35 of 36
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq.
The Act applies to grantee contracts and subcontracts “financed at least in part by loans or
grants from … the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR
5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any
construction contract over $2,000 or non-construction contract to which the Act applied
over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no
longer applies to any “contract in an amount that is not greater than $100,000.” 40 USC
3701(b)(3) (A)(iii).
The Act applies to construction contracts and, in very limited circumstances, non-
construction projects that employ “laborers or mechanics on a public work.” These non-
construction applications do not generally apply to transit procurements because transit
procurements (to include rail cars and buses) are deemed “commercial items.” 40 USC
3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a
developmental or unique item should consult counsel to determine if the Act applies to that
procurement and that additional language required by 29 CFR 5.5(c) must be added to the
basic clause below.
The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the
model clause below should be coordinated with counsel to ensure the Act’s requirements
are satisfied.
Clause Language Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of
forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in paragraph (1) of this section the contractor and any
subcontractor responsible therefore- shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar
day on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required by
the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The (write in the name
of the grantee) shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime contractor,
or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (2) of this section.
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
Services Agreement
BID 7641 Landscaping Services at Transfort Page 36 of 36
(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.
16. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plan issued in compliance with the Energy Policy and Conservation Act.
17. 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.
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A
5307/5309/5
311
None
None unless
non-
competitive
award
None
None
unless
non-
competitiv
e award
None
None unless non-
competitive award
II Non State Grantees
a. Contracts below
SAT ($100,000)
b. Contracts above
$100,000/Capital
Projects
Yes3
Yes3
Those
imposed on
non-state
Grantee
pass thru to
Contractor
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i)
DocuSign Envelope ID: E77BD359-2040-48FE-99A8-31A19AFD6B5A