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Home My WebLink AboutBID - 7641 LANDSCAPING SERVICES AT TRANSFORT (2)BID 7641 Landscaping Services at Transfort Page 1 of 41 INVITATION TO BID 7641 LANDSCAPING SERVICES AT TRANSFORT BID OPENING: 3:00 P.M. (our clock), MAY 26, 2014 The City of Fort Collins is requesting bids from firms for a Service Provider to perform landscap- ing services for various locations at Transfort locations. The Contractor shall provide all equip- ment, labor, and materials necessary for performing landscape maintenance and irrigation ser- vices according to the specifications. This is federally funded but no Davis Bacon Wages are required. Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), May 26, 2014. The City encourages all disadvantaged business enterprises to submit bid in response to all in- vitations and will not be discriminated against on the grounds of race, color, national origin. All questions must be sent via email to Kathleen Walker, with a copy to John Stephen, by 5:00 p.m. (our clock) on May 16, 2014. No questions will be answered after May 16, 2014. Questions concerning the scope of the bid should be directed to Kathleen Walker at (970) 221- 6621 or kwalker@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com. A copy of the Bid may be obtained as follows: 1. Download the Bid from the Purchasing Webpage, Current Bids page, at: http://fcgov.com/eprocurement Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the open- ing. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing BID 7641 Landscaping Services at Transfort Page 2 of 41 Submission of a bid is deemed as acceptance of all terms, conditions and specifications con- tained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or cor- poration in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be ren- dered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gra- tuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and re- ported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self-stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our of- fice 7 days after the bid opening. Gerry S. Paul Director of Purchasing and Risk Management BID 7641 Landscaping Services at Transfort Page 3 of 41 7641 LANDSCAPING SERVICES AT TRANSFORT BID OPENING: May 26, 2014, 3:00P.M. (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR LANDSCAPING SERVICES AT TRANSFORT PER THE BID INVITATION AND ANY REFER- ENCED SPECIFICATIONS: The City of Fort Collins Transfort is requesting bids for a Service Provider to provide complete landscape maintenance at three (3) Facilities and MAX Stations along the Transfort BRT Guideway. 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. Awarded contractor must enter into the attached service agreement and provide the required insurance (Exhibit B). This agreement is effective for one year from the date on the service agreement. 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 1. Service Provider to: A. Provide services as described above. B. Carry insurance levels as required in the attached Services Agreement. C. Maintain a local phone number, and must be able to be reached by cell phone during prescribed business hours. 2. Qualifications of Service Provider: A. Qualified bidder must have minimum of five years as a commercial landscape contractor. B. Qualified bidder will supply with bid, 3 references specific to Like work. Refer- ences must be within the last 5 years and include contact name, date when work was completed and type of work. Bidder to supply other references upon request. C. Qualified bidder shall have sufficient manpower and equipment to accomplish said work in the required time. D. The City may make such investigation as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the City all such information and data as is reasonably required for this purpose. The City reserves the right to disqualify any bid if the evidence resulting from the City’s in- vestigation shows, in the opinion of the City, that the bidder is not properly quali- fied to prosecute the work described herein. BID 7641 Landscaping Services at Transfort Page 4 of 41 E. The City may order changes within the scope of the work without invalidating this agreement. If such changes alter the amount due under the contract documents or the time required for the performance of the work, such alteration shall be ap- proved by the parties in writing in the form of a change order. 3. Method of Award: A Award will be based upon the lowest responsive, responsible Grand total cost for the various line items stated below in the Bid Schedule and the service provider meeting the requirements of the attached Services Agreement. B. Work to be done during normal work hours. SIGNATURE PRINTED COMPANY ADDRESS CITY STATE ZIP PHONE EMAIL BID SCHEDULE – 7641 LANDSCAPING SERVICES AT TRANSFORT BID 7641 Landscaping Services at Transfort Page 5 of 41 Transfort Maintenance Facility Transfort South Transit Center Transfort Downtown Transit Center MAX BRT STATION PLATFORM SHRUB BED AREAS 6570 Portner Road 4916 Fossil Blvd. 250 North Mason Street PER STATION PLATFORM (10) ALONG GIDEWAY Fort Collins, CO 80525 Fort Collins, CO 80525 Fort Collins, CO 80522 MAX BRT Guideway & PARK N RIDES MOWING IRRIGATED TURF GRASS COST PER MOWING NON IRRIGATED TURF COST PER MOWING WEED CONTROL COST PER APPLICATIO TURF COST PER APPLICATIO SHRUB BED AREAS COST PER APPLICATIO FURTILIZATION COST PER APPLICATIO AERATION COST PER APPLICATIO LITTER, TRASH, DEBRIS AND PRUNING COST IRRIGATION SPRING ENERGIZATION COST WINTERIZATION COST SYSTEM REPAIR COST PER HOUR ROUTINE MAINTENANCE COST OPERTION OF AUTOMATIC CONTROLERS COST SPRING CLEAN UP COST FALL CLEAN UP COST IN WORDS SUBTOTAL TOTAL BASE BID - ALL LOCATIONS $ BID 7641 Landscaping Services at Transfort Page 6 of 41 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 cel- lular telephone number (toll free call from Fort Collins), & email for ser- vice issues that arise in accordance with this scope of work, and for emergent issues that may arise. BID 7641 Landscaping Services at Transfort Page 7 of 41 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 pre- scribed 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 ser- vice 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, vandal- ism, vehicular damage, theft, or other mysterious damages that are not a result of the Contractor, shall be repaired at City expense by the Con- tractor on a time and materials basis. This does not include routine re- pairs 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 BID 7641 Landscaping Services at Transfort Page 8 of 41 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 are- as that are not a result of the Contractor’s work. The City will not be re- sponsible 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 Coordi- nator 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 inter- fere 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 adher- ence to the specifications. Any deficiencies or deviations in the work will be submitted to the contractor for immediate correction. See Work CON- TRATOR 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 un- der 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 infor- mation: 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 be- come the basis for payment. 1.15.2.7 The City may withhold payment to such extent as may be nec- essary to protect the City from loss due to work required in the specifications which is defective, inadequate, incomplete or not performed. BID 7641 Landscaping Services at Transfort Page 9 of 41 1.16 SCHEDULING OF WORK 1.16.1 Contractor shall accomplish all normal landscaping maintenance re- quired under this contract between the hours of 7:00 AM and 6:00 PM Monday through Saturday. No maintenance functions that generate ex- cessive 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 pro- vided 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 BID 7641 Landscaping Services at Transfort Page 10 of 41 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 SOUTH TRANSIT CENTER 2.2.3 4916 Fossil Blvd. Map: BID 7641 Landscaping Services at Transfort Page 11 of 41 2.2.4 Areas of responsibility: 2.2.4.1 Maintenance of landscape turf on entire property 2.2.4.2 Maintenance of complete Irrigation system 2.2.4.3 Maintenance of all Shrubs and Bushes on property 2.2.4.4 Maintenance of rock, mulch and bark areas on property 2.3 Stations along the MAX BRT Guideway 2.3.1.1 Harmony Station 2.3.1.2 Troutman Station 2.3.1.3 Troutman Park N Ride 2.3.1.4 Horsetooth Station 2.3.1.5 Swallow Stations ( Northbound & Southbound) 2.3.1.6 Drake Station 2.3.1.7 Drake Park N Ride 2.3.1.8 Bay Farm Station 2.3.1.9 Prospect Station 2.3.1.10 University Station 2.3.1.11 BID 7641 Landscaping Services at Transfort Page 12 of 41 3.0 IRRIGATION 3.1 GENERAL 3.1.1 Irrigation shall be accomplished by the use of an automatic sprinkler sys- tem 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 plant- ing instructions. 3.3 WATER APPLICATION 3.3.1 The programming of all irrigation controllers shall be scheduled by a Cer- tified Irrigation Technician with one or more of the following certifications: “Associated Landscape Contractors of Colorado” CLT-Irrigation, “Irriga- tion 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 recommend- ed. 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 Man- ager 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 Forest- ry 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 BID 7641 Landscaping Services at Transfort Page 13 of 41 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 keep- ing 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 sys- tem 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. ren- dered nonfunctional due to rock, rust, debris, etc. Making all routine arc adjustments for part circle heads to promote opti- mum 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 BID 7641 Landscaping Services at Transfort Page 14 of 41 3.9.1 The Contractor will schedule water turn-on through the Transfort Con- tract Coordinator or CSU Facilities as required. 3.9.2 Mainlines shall be filled slowly and each zone activated by use of the au- tomatic 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 opera- tion. 3.10 SPRINKLER SYSTEM WINTERIZATION 3.10.1 Irrigation system blow out and prep for winter as per system require- ments. 3.10.2 Contractor shall coordinate with Transfort Contract Coordinator for sys- tem winterization of systems. 3.10.3 Air shall be forced through the system via the blow-out tubes on the sys- tem 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 dam- age 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 sharp- ened and maintained to provide a smooth, even cut without tearing. The cutting adjustment will provide a uniform, level cut without ridges or de- pressions. Mowing height shall be set at 2 ½” - 3”. 4.1.2 Lawn shall be maintained at the recommended height to provide for op- timal 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, build- ings, or other objects during trimming or mowing operations shall be re- paired within 15 days of incident at the Contractor’s expense. 4.2 MOWING FREQUENCY IRRIGATED TURF BID 7641 Landscaping Services at Transfort Page 15 of 41 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 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 approx- imately 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 per- mit 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 ex- pense. 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. BID 7641 Landscaping Services at Transfort Page 16 of 41 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 dam- age 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). 7.1.8 The flags shall be picked up three working days after the herbicide appli- cation 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 be- yond 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 re- quirements. 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, de- bris, 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. BID 7641 Landscaping Services at Transfort Page 17 of 41 9.3 SPRING CLEAN UP 9.3.1 The Contractor shall meet with Transfort prior to spring clean-up to re- view spring-clean up needs at each location covered in the Contract. 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 re- moved. 9.3.4 Landscaped rock, mulch or barked areas shall be cleaned up and re- moval of debris leaves and trash. 9.4 FALL CLEAN UP 9.4.1 Contractor is responsible for leaves being removed or mulched as ap- propriate 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 re- moval of debris leaves and trash. 9.4.5 Removal or approved mowing with a mulching mower (attachment) shall be the methods used to control the build-up of falling leaves. 9.4.6 The final mowing of the season shall be after 90% of leaves have fallen to promote a well-cared for looking turf. 9.4.7 Leaves must be removed from all shrub beds and other areas where leaves collect on parking lot gutters and walk-ways. 9.5 TREE SUCKER GROWTH 9.5.1 Suckers shall be removed from trees, lawns and shrub beds as they ap- pear 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 compli- ance 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 mainte- nance item was done unsatisfactory in accordance with the standards set forth in Exhibit A. The Contractor will be given a minimum of two BID 7641 Landscaping Services at Transfort Page 18 of 41 working days to correct the deficient work. If the work after this time re- mains 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 penal- ties 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 Con- tractor 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 re- gard to the specifications. Adherence to the specifications will make it unnecessary to invoke penalties BID 7641 Landscaping Services at Transfort Page 19 of 41 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and be- tween THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter re- ferred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. Irrespective of references in Ex- hibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pur- suant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the es- sence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the BID 7641 Landscaping Services at Transfort Page 20 of 41 rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for addi- tional one year periods not to exceed ( ) additional one year periods. Renew- als and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 6. Delay. If either party is prevented in whole or in part from performing its obligations by un- foreseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 7. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writ- ing 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: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 BID 7641 Landscaping Services at Transfort Page 21 of 41 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 8. Contract Sum. The City shall pay the Service Provider for the performance of this Con- tract, subject to additions and deletions provided herein, ($ ) as per the at- tached Exhibit " ", consisting of page , and incorporated herein by this reference. 9. City Representative. The City will designate, prior to commencement of the work, its rep- resentative 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 re- quests concerning this agreement shall be directed to the City Representative. 10. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Col- lins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Ex- hibit 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 reputa- ble, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be re- quired 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 BID 7641 Landscaping Services at Transfort Page 22 of 41 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. 12. 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. 13. 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 Agree- ment. 14. 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 un- der this Agreement, except City-furnished materials, equipment and labor, against de- fects 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 BID 7641 Landscaping Services at Transfort Page 23 of 41 after final acceptance under the Agreement, regardless whether the same were fur- nished 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 af- fected item or part thereof shall be redesigned, repaired or replaced by Service Pro- vider in a manner and at a time acceptable to City. 15. Default. Each and every term and condition hereof shall be deemed to be a material ele- ment of this Agreement. In the event either party should fail or refuse to perform accord- ing to the terms of this agreement, such party may be declared in default thereof. 16. 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 de- fault remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable at- torney fees and costs incurred because of the default. 17. 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, em- ployees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 18. 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 BID 7641 Landscaping Services at Transfort Page 24 of 41 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 here- under to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Pro- vider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this ref- erence. 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. 19. Entire Agreement. This Agreement, along with all Exhibits and other documents incorpo- rated herein, shall constitute the entire Agreement of the parties. Covenants or represen- tations not contained in this Agreement shall not be binding on the parties. 20. Law/Severability. The laws of the State of Colorado shall govern the construction interpre- tation, 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. 21. 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: BID 7641 Landscaping Services at Transfort Page 25 of 41 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 Home- land Security (the “e-Verify Program”) or the Department Program (the “Depart- ment Program”), an employment verification program established pursuant to Sec- tion 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 Agree- ment. 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 un- der this Agreement knowingly employs or contracts with an illegal alien, Service Pro- vider 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 em- BID 7641 Landscaping Services at Transfort Page 26 of 41 ploying or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcon- tractor 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 Depart- ment of Labor and Employment (the “Department”) made in the course of an investiga- tion that the Department undertakes or is undertaking pursuant to the authority estab- lished in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties im- posed 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 consequen- tial 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. 22. Special Provisions. Special provisions or conditions relating to the services to be per- formed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, con- sisting of ( ) pages, attached hereto and incorporated herein by this reference. BID 7641 Landscaping Services at Transfort Page 27 of 41 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY BID 7641 Landscaping Services at Transfort Page 28 of 41 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expi- ration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially al- tered, except after ten (10) days written notice has been received by the City of Fort Col- lins." In case of the breach of any provision of the Insurance Requirements, the City, at its op- tion, 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 mon- ies 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 main- tain 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 Colo- rado 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 dur- ing the life of this Agreement such commercial general liability and automobile lia- bility insurance as will provide coverage for damage claims of personal injury, in- cluding 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 per- formed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. BID 7641 Landscaping Services at Transfort Page 29 of 41 EXHIBIT 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 re- late to the City or its employees, customers or suppliers, which access is related to the perfor- mance 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 Pro- vider 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 infor- mation 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 par- ty, 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) be- comes 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 re- quests for any reason, the Service Provider shall promptly return to the City any and all infor- mation 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 ac- cess. 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 addi- tion to all other remedies provided hereunder or available at law. BID 7641 Landscaping Services at Transfort Page 30 of 41 EXHIBIT FEDERAL REQUIREMENTS FEDERAL TRANSIT ADMINISTRATION TABLE OF CONTENTS Federally Required and Other Model Contract Clauses 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES .............................................................. 31 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS ..................................................................................................................................................... 31 3. ACCESS TO RECORDS AND REPORTS ..................................................................................... 31 4. FEDERAL CHANGES ................................................................................................................... 33 5. TERMINATION .............................................................................................................................. 33 6. CIVIL RIGHTS REQUIREMENTS .................................................................................................. 34 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ................................................................... 35 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS .......................... 35 9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) .................... 35 10. BREACHES AND DISPUTE RESOLUTION .................................................................................. 36 11. LOBBYING .................................................................................................................................... 37 12. CLEAN AIR .................................................................................................................................... 39 13. CLEAN WATER REQUIREMENTS ............................................................................................... 39 14. CARGO PREFERENCE REQUIREMENTS ................................................................................... 39 15. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT .................................................. 39 16. ENERGY CONSERVATION REQUIREMENTS ............................................................................. 41 17. ADA Access .................................................................................................................................. 41 18. CITY OF FORT COLLINS BID PROTEST PROCEDURES ........................................................... 41 BID 7641 Landscaping Services at Transfort Page 31 of 41 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any con- currence 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, "Pro- gram 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, ficti- tious, or fraudulent claim, statement, submission, or certification to the Federal Gov- ernment 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 sub- ject 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 Con- tractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any BID 7641 Landscaping Services at Transfort Page 32 of 41 books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and tran- scriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor ac- cess to Contractor's records and construction sites pertaining to a major capital pro- ject, 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 termina- tion 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 Gen- eral, or any of their duly authorized representatives, have disposed of all such litiga- tion, 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 Character- istics Operation- al Service Contract Turnkey Construc- tion Architectural Engineering Acquisi- tion of Rolling Stock Professional Ser- vices I State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects None None un- less1 non- competitive award Those im- posed on state pass thru to Con- tractor None Yes, if non- competitive award or if funded thru2 5307/5309/5 311 None None unless BID 7641 Landscaping Services at Transfort Page 33 of 41 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable FTA regula- tions, 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 (Re- cipient), 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 sup- plies 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 deliv- ery 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 sup- plies or to perform the services within the time specified in this contract or any exten- sion 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 de- fault. The Contractor will only be paid the contract price for supplies delivered and ac- BID 7641 Landscaping Services at Transfort Page 34 of 41 cepted, 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 re- quirements 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 op- portunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, De- partment 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 Oppor- tunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, execu- tive orders, regulations, and Federal policies that may in the future affect construc- tion 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 advertis- ing, layoff or termination; rates of pay or other forms of compensation; and selec- tion 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 prospec- tive 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 BID 7641 Landscaping Services at Transfort Page 35 of 41 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 Trans- portation Financial Assistance Programs. The national goal for participation of Disad- vantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE par- ticipation is 9.9 %. A separate contract goal has not been established for this pro- curement. 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 require- ments of 49 CFR Part 26 in the award and administration of this DOT-assisted con- tract. 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 con- tractor’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 subcon- tractor 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 per- form 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. Any- thing 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 BID 7641 Landscaping Services at Transfort Page 36 of 41 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 gov- ernment-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 ex- pected 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 regula- tion as “covered transactions.” Grantees, contractors, and subcontractors (at any level) that enter into covered transac- tions are required to verify that the entity (as well as its principals and affiliates) they pro- pose 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 de- fined 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 Fed- eral 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 re- quiring 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 BID 7641 Landscaping Services at Transfort Page 37 of 41 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 Con- tractor 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 con- tinue 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 per- son 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 Dis- closure 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 Lob- bying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Sec- tion 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 Dis- closure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contrac- tors 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 organiza- BID 7641 Landscaping Services at Transfort Page 38 of 41 tion 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 cov- ered 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 em- ployee 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, amend- ment, 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 Mem- ber of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclo- sure 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 accu- racy of each statement of its certification and disclosure, if any. In addition, the Con- tractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. BID 7641 Landscaping Services at Transfort Page 39 of 41 __________________________ 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 is- sued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Con- tractor 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 exceed- ing $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 is- sued 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 un- derstands 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 exceed- ing $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 tank- ers) 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 re- cipient (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 subcon- tract may involve the transport of equipment, material, or commodities by ocean vessel. . 15. 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 BID 7641 Landscaping Services at Transfort Page 40 of 41 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 con- struction 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 mechan- ics 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 vio- lation 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 stand- ard 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 rep- resentative 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 un- der 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 de- termined 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 para- graph (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 requir- BID 7641 Landscaping Services at Transfort Page 41 of 41 ing 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 Individu- als with Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations, “Ameri- cans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the AT- BCB’s “Americans with Disabilities Act Accessibility Guidelines” (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities, and are incorpo- rated 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. 18. 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 proce- dures by emailing: Purchasing@fcgov.com or calling 970-221-6775. non- competitive award None None un- less non- competi- tive 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 im- posed 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)