HomeMy WebLinkAboutRFP - 8792 TRANSFORT LANDSCAPING MAINTENANCERFP 8792 Transfort Landscaping Maintenance Page 1 of 57
REQUEST FOR PROPOSAL
8792 TRANSFORT LANDSCAPING MAINTENANCE
The City of Fort Collins is requesting proposals from qualified Vendors to perform landscape
maintenance of designated Transfort facilities.
As part of the City’s commitment to Sustainable Purchasing, proposals submission via
email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file
under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy
proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to be
received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort
Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on
October 8, 2018 and referenced as Proposal No. 8792. 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. Please note, additional time is required for bids mailed to the
PO Box to be received at the Purchasing Office.
The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in
response to all requests for proposals. No individual or business will be discriminated against
on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level
playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award
and administration of all contracts.
A pre-proposal meeting will be held at 2:00 PM MST, on September 21, 2018, in
Conference Room 2E (Training Room) at 215 N Mason St., Fort Collins.
All questions should be submitted, in writing via email, to Elliot Dale, Senior Buyer at
edale@fcgov.com, with a copy to Project Manager, Tisha McRae Dwyer @ tmcrae-
dwyer@fcgov.com, no later than 5:00 PM MST (our clock) on September 26, 2018. Please
format your e-mail to include: RFP 8792 Transfort Landscaping Maintenance in the subject line.
Questions received after this deadline may not be answered. Responses to all questions
submitted before the deadline will be addressed in an addendum and posted on the Rocky
Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by Bidnet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject
to public disclosure by the City pursuant to CORA and City ordinances. Firms may submit one
(1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the
proposal, the firm may redact text and/or data that it deems confidential or proprietary pursuant
to CORA and such version must be clearly identified as “Confidential” or “Proprietary", as
applicable. Such statement does not necessarily exempt such documentation from public
disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other
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
RFP 8792 Transfort Landscaping Maintenance Page 2 of 57
applicable law. Generally, under CORA trade secrets, confidential commercial and financial
data information is not required to be disclosed by the City. Proposals may not be marked
“Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from
this request for proposal will be public information.
New Vendors: The City requires new Vendors receiving awards from the City to fill out and
submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the
W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s
Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please
do not submit with your proposal.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will
be rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Vendor shall be expected to sign the City’s standard Agreement prior to
commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry Paul
Purchasing Director
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REQUEST FOR PROPOSAL
8792 TRANSFORT LANDSCAPING MAINTENANCE
I. BACKGROUND & OBJECTIVE / OVERVIEW
Objective
The City of Fort Collins is requesting proposals from qualified Vendors to perform
landscape maintenance of designated Transfort facilities.
II. SCOPE OF PROPOSAL
A. Scope of Work
1.0 SCOPE
The Vendor must 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 Vendor 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.
1.0.1 Transfort Maintenance Facility (TMF) 6570 Portner Road
1.0.2 Downtown Transit Center (OTC) 250 N. Mason Street
1.0.3 South Transit Center (STC) 4916 Fossil Blvd.
1.0.4 Transfort BRT Guideway
1.0.4.1 Harmony Station
1.0.4.2 Troutman Station
1.0.4.3 Troutman Park N Ride
1.0.4.4 Horsetooth Station
1.0.4.5 Swallow Stations (Northbound & Southbound)
1.0.4.6 Drake Station
1.0.4.7 Drake Park N Ride
1.0.4.8 Bay Farm Station
1.0.4.9 Prospect Station
1.0.4.10 University Station
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1.1 QUALITY OF WORK
1.1.1 All work shall be performed in accordance with best landscape
and maintenance practices and irrigation management practice,
as per ALCC Best Management Practices and Green Co Best
Management Practices.
1.2 LOST & FOUND ARTICLE
1.2.1 The Vendor shall insure that all articles found by his employees
while performing duties under this contract are turned into one of
the three transit facilities.
1.3 VENDOR RESPONSIBILITIES
1.3.1 The Vendor shall be responsible for all damages, losses or
injuries that occur as a result of the fault or negligence of said
Vendor or his employees in connection with the performance of
this work.
1.4 AVAILABILITY
1.4.1 Vendor shall be available and provide a current telephone and/or
cellular telephone number (toll free call from Fort Collins), & email
for service issues that arise in accordance with this scope of
work, and for emergent issues that may arise.
1.5 PERSONNEL
1.5.1 The Vendor shall assure there is sufficient supervision on the
job and the supervisor is capable of discussing matters
pertaining to the contract and work performed.
1.5.2 The Vendor shall furnish sufficient supervisory and working
personnel capable of promptly accomplishing the Scope of
Work to the satisfaction of Transfort. All work required under
this contract shall be performed during regular and prescribed
hours and on schedule.
1.5.3 Vendor shall assure that he and his employees conduct
themselves in a respectable, proper and efficient manner at all
times when providing service at all locations outlined in the
Scope of Work.
1.5.4 Transfort may require the Vendor 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.
1.5.5 Each Vendor crew shall have at least one English-speaking
crew chief able to translate directions to the remaining
crewmembers.
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1.6 COMPANY IDENTIFICATION
1.6.1 Vendor's employees shall wear clothing or have visible
identification that identifies them as employees of the Vendor's
company.
1.6.2 Vendor's company vehicles shall have a company-
identifying marker prominently displayed.
1.7 SUBCONTRACTORS
1.7.1 All persons engaged in the work outlined in contract shall be
considered employees of the Vendor. Any subcontract work
must be approved by the Transfort Contract Coordinator in
writing.
1.7.2 The Vendor shall be responsible for the work of all employees.
1.8 REPAIRS TO EXISTING FACILITIES
1.8.1 Vendor shall immediately inform Transfort Contract
Coordinator in the event any facilities, structures or equipment,
including irrigation systems, that are damaged or altered in the
course of their duties.
1.8.2 Vendor 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 Vendor’s performance or work. Repairs shall be immediate
or as agreed upon with Transfort Contract Coordinator.
1.9 VANDALISM
1.9.1 Existing structures, facilities, or equipment (including irrigation
systems) which are damaged or altered in any way, including
acts of God, vandalism, vehicular damage, theft, or other
mysterious damages that are not a result of the Vendor, shall be
repaired at City expense by the Vendor on a time and materials
basis. This does not include routine repairs of any irrigation riser
and nipples that shall be repaired as routine maintenance. The
Vendor shall provide a quote and obtain written authorization
from the Transfort Contract Coordinator prior to initiating any
such repairs.
1.10 SAFETY REQUIREMENTS
1.10.1 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
1.10.2 Transfort Contract Coordinator (or designee) reserves the right
to stop the Vendor or his crews when unsafe or harmful acts
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are observed relative to the performance of work.
1.10.3 Vendor’s staff shall at all time utilize appropriate Personal
Protective Equipment (PPE) such as, but not limited to, hearing
protection, hard hat, high-visibility vest, safety glasses, steel-
toed shoes, etc.
1.11 HAZARDOUS CONDITIONS
1.11.1 The Vendor is responsible for prompt correction of any hazards
created by the Vendor.
1.11.2 Any hazardous condition noted by the Vendor shall be
immediately reported to the Transfort Contract Coordinator at
970-221-6621 or the Transfort Division 970-221-6620.
1.12 TRAFFIC CONTROL
1.12.1 Vendor will conduct work at all times in a manner that will
not interfere with normal pedestrian traffic on adjacent
sidewalks.
1.12.2 Vendor will not interfere with vehicular or bus traffic.
1.13 MAINTENANCE PERFORMANCE INSPECTIONS
1.13.1 The Project Manager will inspect all areas under this contract
for adherence to the specifications. Any deficiencies or
deviations in the work will be submitted to the Vendor for
immediate correction. See Section 10.0 VENDOR WORK
RATINGS of this document for more information.
1.14 PAYMENT
1.14.1 The total bid will be divided by the number of months in the
contract. Monthly billing will then be based on the contract
amount divided by the total number of months.
1.14.2 The Vendor will be paid monthly for work performed
satisfactorily under this contract. Within the first five days of
the month, the Vendor shall submit a detailed report of
maintenance performed in the prior month. The report shall
include (but not limited to) the following information:
1.14.2.1 Number of complete mowings at each location
1.14.2.2 Number of complete irrigation inspections
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1.14.2.3 Schedule changes
1.14.2.4 Major work to be performed in the coming month, and
any other pertinent information
1.14.2.5 The use of pesticides or fertilizations shall be noted as
to date, time, area and what material was used
1.14.2.6 This report shall be accompanied by a billing in
accordance with the contract price for the work
performed and shall become the basis for payment.
1.14.2.7 The City may withhold payment to such extent as may
be necessary to protect the City from loss due to work
required in the specifications which is defective,
inadequate, incomplete or not performed.
1.15 SCHEDULING OF WORK
1.15.1 Vendor shall accomplish all normal landscaping maintenance
required under this contract between the hours of 7:00 AM and
6:00 PM Monday through Saturday. No maintenance functions
that generate excessive noise shall be performed prior to 8:00
AM in residential areas (i.e. mowing/blowing).
1.15.2 The Vendor shall establish a schedule of routine work to be
followed in the performance of this contract. A copy of this
schedule shall be provided to Transfort at the pre-work meeting
and updated with the monthly submittal.
1.15.3 The Vendor must have the ability to respond to an urgent
call within 45 minutes or less of receiving the call.
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2.0 FACILITY LOCATIONS
2.1 TRANSFORT OPERATIONS & MAINTENANCE FACILITY
6570 Portner Road
Fort Collins, CO 80525
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
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2.2 DOWNTOWN TRANSIT CENTER
2.2.1 250 N. Mason Street Fort Collins Colorado 80521 Map
2.2.1.1 Maintenance of landscape turf on entire property
2.2.1.2 Maintenance of complete irrigation system
2.2.1.3 Maintenance of all shrubs & bushes on property
2.2.1.4 Maintenance of rock, mulch and bark areas on property
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2.3 SOUTH TRANSIT CENTER
2.3.1 4916 Fossil Blvd.
2.3 Areas of responsibility:
2.3.1.1 Maintenance of landscape turf on entire property
2.3.1.2 Maintenance of complete irrigation system
2.3.1.3 Maintenance of all shrubs & bushes on property
2.3.1.4 Maintenance of rock, mulch and bark areas on property
2.4 Stations along the MAX BRT Guideway
2.4.1.1 Harmony Station
2.4.1.2 Troutman Station
2.4.1.3 Troutman Park N Ride
2.4.1.4 Horsetooth Station
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2.4.1.5 Swallow Stations (Northbound & Southbound)
2.4.1.6 Drake Station
2.4.1.7 Drake Park N Ride
2.4.1.8 Bay Farm Station
2.4.1.9 Prospect Station
2.4.1.10 University Station
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Official Purchasing Document
Last updated 10/2017
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2.4.2 Areas of responsibilities:
2.4.2.1 Maintenance of landscape turf on entire property
2.4.2.2 Maintenance of complete irrigation system
2.4.2.3 Maintenance of all shrubs & bushes on property
2.4.3.4 Maintenance of rock, mulch, and bark areas on property
3.0 IRRIGATION
3.1 GENERAL
3.1.1 Irrigation shall be accomplished by the use of an automatic
sprinkler system or drip lines at each location.
3.1.2 OTC, STC, TMF and MAX BRT Station irrigation systems to be
coordinated through the Transfort Contract Coordinator.
3.1.3 MAX BRT Prospect Station and University Station irrigation
system to be coordinated through Colorado State
University Facilities.
3.2 TIME OF OPERATION
3.2.1 The automatic sprinkler systems shall operate between the
hours of 11:00 PM and 6:00 AM.
3.2.2 System checks may be run during the day and the time
shall be kept to a minimum.
3.2.3 Newly planted sod or seed may be watered as per
recommended planting instructions.
3.3 WATER APPLICATION
3.3.1 The programming of all irrigation controllers shall be scheduled
by a Certified Irrigation Technician with one or more of the
following certifications: "Associated Landscape Contractors of
Colorado" CLT-irrigation, "Irrigation Association", Landscape
Water Auditor or "Irrigation Association" Certified Irrigation
Designer.
3.3.2 Turf shall be irrigated to maintain horticultural accepted
growth and color while encouraging deep rooting. Shrubs
and bushes shall be watered to prevent wilting or loss of
color.
3.3.3 Water shall be applied so that runoff is avoided and applied
to match the needs of the turf, tree or shrub bed being
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irrigated.
3.3.4 Daily watering shall be avoided; every third day irrigation is
recommended. Turf that shows signs of drought stress (foot
printing), wilting or browning shall receive immediate
attention.
3.3.5 Any loss of turf shall require re-sodding at the Vendor's expense.
3.3.6 The Vendor shall submit a watering scheduling report with
scheduling criteria and each controller operating schedule.
3.3.7 The irrigation controllers shall be adjusted monthly to meet
monthly ETs (evaporation transpiration) averages. Water use
on turf areas shall be monitored and excessive water use as
determined by the Project Manager shall be at the Vendor's
expense.
3.4 TREE AND SHRUB BED
IRRIGATION
3.4.1 Trees shall be watered so that they receive 40 gallons of water
a week during May, June, July, August and September. Shrubs
shall receive 5 gallons of water per week during the same time
frame. Schedules may need to be adjusted at the request of the
Forestry Division. Mature areas that have irrigation systems
may not have this requirement, at the discretion of the Project
Manager.
3.5 WATER CONSERVATION AND RESTRICTIONS
3.5.1 Watering schedules must meet restrictions set forth by the City
of Fort Collins Utilities.
3.5.2 Any fines or discounts due to failure to follow watering
restrictions will be the responsibility of the Vendor. This is
even more important in times of drought.
3.6 OPERATION OF AUTOMATIC IRRIGATION
CONTROLLERS
3.6.1 The Vendor shall protect the security of irrigation controllers
by keeping controller cabinet doors locked at all times. Any
stolen or vandalized controllers as a result of unlocked
cabinets or unsecured items shall be replaced at Vendor's
expense.
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3.6.2 City of Fort Collins / Transfort shall have access as
needed/required to the system.
3.6.3 Any defective or non-functioning controller shall be reported to
the Transfort Contract Coordinator
3.7 ROUTINE SYSTEM MAINTENANCE
3.7.1 The Vendor shall perform routine maintenance on the sprinkler
system on every week to ten (10) day cycle.
3.7.2 Routine maintenance shall include the following maintenance
tasks:
3.7.2.1 Unplugging components i.e. valves, heads, piping,
etc. rendered nonfunctional due to rock, rust, debris,
etc. Making all routine arc adjustments for part circle
heads to promote optimum coverage.
3.7.2.2 Check controller programming and rescheduling as
needed (refer to 2.3 water application rates).
3.7.2.3 Repairing/replacing all broken risers and nipples.
This applies to all risers and nipples regardless of
reason for failure.
3.7.2.4 Replacing batteries in controllers each spring and as
needed.
3.7.2.5 Making all routine arc adjustments for part circle
heads to promote optimum coverage.
3.7.3 Any replacement parts must be the same brand, model
number, nozzle size and must be new unless authorized by
the Project Manager.
3.7.4 Vendor 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 Vendor
shall notify the Transfort Contract Coordinator for approval.
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3.8.3 The Vendor 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 Vendor performs the repair work, it shall be charged
at the per hour rate on the bid form plus materials at Vendor
price. City may request invoices from supply house to verify
Vendor pricing.
3.9 SPRINKLER SYSTEM SPRING ENERGIZATION
3.9.1 The Vendor will schedule water turn-on through the
Transfort Contract Coordinator or CSU Facilities as
required.
3.9.2 Mainlines shall be filled slowly and each zone activated by
use of the automatic controller visually inspecting each
head for performance and coverage.
3.9.3 Repairs will be made prior to system being used for irrigation
purposes.
3.9.4 Visual inspection is required at each backflow device for proper
operation.
3.10 SPRINKLER SYSTEM WINTERIZATION
3.10.1 Irrigation system blow out and prep for winter as per system
requirements.
3.10.2 Vendor shall coordinate with Transfort Contract
Coordinator for system winterization of systems.
3.10.3 Air shall be forced through the system via the blow-out tubes on
the system.
3.10.4 Backflow devise will be checked and left as per
system winterization specifications to avoid damage
cause by freezing water.
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3.10.5 The Vendor will schedule water turn-off based no later than
October 31 of each year.
3.10.6 The Vendor shall notify the Transfort Contract
Coordinator of the scheduled turn-off date.
3.10.7 Air shall pass through each system expelling all water.
3.10.8 Care shall be taken when blowing out, as excessive pressure
will damage the sprinkler system. It is recommended that air
pressure does not exceed normal irrigation system operation
pressures.
3.10.9 Backflow device ball valves should be left in a partial open
or partial closed position to prevent damage from trapped
water that will freeze.
3.10.10 A second blow out may be necessary on larger systems.
3.10.11 Vendor will be responsible for any freeze damage.
3.10.12 Vendor will not wrap backflow devices with insulation.
4.0 MOWING
4.1 IRRIGATED TURF GRASS MOWING
4.1.1 All lawn areas included in this contract shall be mowed with
either power reel type or rotary mowers. The mower blades or
reels shall be sharpened and maintained to provide a smooth,
even cut without tearing. The cutting adjustment will provide a
uniform, level cut without ridges or depressions. Mowing shall be
performed so that turf is maintained uniformly between a 3-inch
to 4-inch height.
4.1.2 Lawn shall be maintained at the recommended height to
provide for optimal health of the lawn and root system.
4.1.3 Mowing shall be performed so that no more than one-third (1/3)
of the grass blade is removed during each mowing in returning
the grass to the accepted height or one time per week whichever
is most often.
4.1.4 Mowing may be more than once per week during fast growth
periods.
4.1.5 Any damage to turf, trees, shrubs, sprinkler system
components, buildings, or other objects during trimming or
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mowing operations shall be repaired within 15 days of incident
at the Vendor's expense.
4.2 MOWING FREQUENCY IRRIGATED TURF
4.2.1 All irrigated turf areas (including areas where only trees are
irrigated) will be mowed on a weekly basis or when a mowing
would cut one third of the grass blade, whichever is most often.
Full schedule of all services provided to City Staff at the
beginning of each season.
4.3 MOWING FREQUENCY NON-IRRIGATED TURF
4.3.1 Mowing shall be performed depending on the growth of the turf.
This turf will grow rapidly in the early season and go dormant
with the heat of summer and may pick up again in the cool of
fall. The last mowing should be timed to either pick up or mulch
the remaining leaves of the season. Full schedule of all services
provided to City Staff at the beginning of each season. The
Vendor should plan on 12 mowing’s scheduled approximately
as follows:
Month
Mowing Frequency
Non-Irrigated Turf
April 1
May 4
June 3
July 1
August 1
September 1
October 1
Total 12
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
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height of the open turf areas.
5.1.3 Trimming around irrigation system sprinkler heads shall be
done to permit maximum water coverage by the system.
5.1.4 Extreme care shall be used when trimming around trees and
objects.
5.1.5 Any marks or damage to trees or shrubs will result in a
discount assessed by the Transfort Contract Coordinator.
5.1.6 Any marks or damage to objects will be repaired at the Vendor’s
expense.
6.0 CLIPPINGS REMOVAL
6.1 CLEAN-UP
6.1.1 Any visible grass clippings and debris on sidewalks,
gutters, streets or parking areas shall be removed
after each mowing.
6.1.2 Excess clippings on turf shall be removed or spread to
eliminate damage to the turf.
6.1.3 Removal or hauling of lawn, tree, brush clippings and
debris shall be done after each service.
7.0 WEED CONTROL
7.1 WEED CONTROL IN TURF AREAS
7.1.1 All landscaped areas within the specified maintenance areas
shall be kept free of weeds. Weeds are defined as any plant
material not intended for placement in the landscape.
7.1.2 Rock, mulch or barked landscaped areas shall be kept free of
weeds.
7.1.3 Weed control twice annually minimum, more often if needed.
7.1.4 Weeding may be done manually or by the use of selective (2-4
D) and or pre- emergent.
7.1.5 The use of any restricted herbicides or soil sterilant is prohibited.
7.1.6 Extreme care shall be used when applying herbicides so as
not to damage desirable plants or the health of other humans
or animals. City of Fort Collins, Parks Department needs to
be notified of any herbicide application planned near trees
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and other woody plants.
7.1.7 The Vendor shall post all areas with flags to indicate that a
herbicide application has taken place (include the company
name and contact phone #).
7.1.8 The flags shall be picked up three working days after
the herbicide application.
7.1.9 Observation of the effectiveness of the herbicide shall be
monitored.
7.1.10 The Vendor 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 Vendor will replace any desirable plants or trees
damaged beyond recovery as a result of herbicide use.
7.1.12 Herbicide use should not take place within the drip line of any
tree.
7.1.13 Herbicide applications should be made on a timely basis to
avoid seed head development.
7.1.14 Only one broadleaf weed application will be required per
year for non--irrigated turf grass.
7.1.15 All irrigated turf grass shall be on an as needed basis.
7.1.16 All herbicide applications shall be recorded for the monthly
report.
7.2 WEED CONTROL IN SHRUB BED AREAS
7.2.1 Shrub beds shall be kept weed and debris free.
7.2.2 Weed growth in shrubs and shrub beds shall be controlled
on a minimum monthly basis.
7.2.3 Weeds and grass shall be removed by hand pulling only.
Areas and flower beds as needed.
8.0 OTHER TURF NEEDS
8.1 FERTILIZATION
8.1.1 The Vendor shall take soil samples and have them analyzed
by a qualified laboratory.
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8.1.2 The Vendor shall make a written recommendation for
fertilization requirements. A schedule for fertilization will be
drawn up and submitted for approval of the Project Manager.
8.1.3 A minimum of one spring and one late fall application is
needed for irrigated turf.
8.1.4 No fertilization will be required for non-irrigated turf or shrub
beds.
8.2 AERATION
8.2.1 Aeration will be done once a year in the spring.
9.0 LITTER, TRASH, DEBRIS AND PRUNING
9.1 GENERAL
9.1.1 All areas covered under this contract shall be kept free of all
trash, debris, tree limbs, branches, and other foreign matter
on a weekly basis during the growth season.
9.2 PREMOWING CLEAN UP
9.2.1 The Vendor will remove all paper, tree branches and limbs,
rubbish, or other debris from each area prior to mowing.
Mowing over paper and debris is considered an unsafe and
unacceptable practice.
9.3 SPRING CLEAN UP
9.3.1 The Vendor shall meet with Transfort prior to spring clean-up
to review spring-clean up needs at each location covered in
the Contract.
9.3.2 The Vendor, during the first four weeks shall remove all debris,
leaves, paper, branches, rubbish, etc. from all areas before any
other maintenance activities commence.
9.3.3 Debris, leaves, trash shall be collected from the curb gutters
and removed.
9.3.4 Landscaped rock, mulch or barked areas shall be cleaned
up and removal of debris leaves and trash.
9.4 FALL CLEAN UP
9.4.3 Vendor is responsible for leaves being removed
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or mulched as appropriate.
9.4.4 Leaves and debris shall be removed from all shrub areas.
9.4.5 Leaves and debris shall be removed from all sidewalk
and gutter areas around facilities and parking areas.
9.4.6 Landscaped rock, mulch or barked areas shall be cleaned
up and removal of debris leaves and trash.
9.4.7 Removal or approved mowing with a mulching mower
(attachment) shall be the methods used to control the
build-up of falling leaves.
9.4.8 The final mowing of the season shall be after 90% of
leaves have fallen to promote a well-cared for looking
turf.
9.4.9 Leaves must be removed from all shrub beds and other
areas where leaves collect on parking lot gutters and
walk-ways.
9.5 TREE SUCKER GROWTH
9.5.3.1 Suckers shall be removed from trees, lawns and shrub
beds as they appear by clipping.
9.6 SHRUB PRUNING
9.6.3 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
9.7.3 The City shall do all tree pruning.
9.7.4 Vendor will request all tree pruning through the
Transfort Contract Coordinator.
9.7.5 The Transfort Contract Coordinator shall request any trees
that need to be pruned for safety of Vendor personnel
through the City Forestry Division.
10.0 VENDOR WORK RATINGS
10.1 WORK RATING
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10.1.1 The quality of work and performance are important to
City of Fort Collins Transfort and reflect on the City,
Transfort and the Vendor. To establish compliance with
the specifications found in this Scope of Work, the
following late/deficient project delivery discounts shall
be sued in case of insufficient performance by the
Vendor. Transfort Contract Coordinator shall rate the
quality and performance.
10.2 LATE/DEFICIENT PROJECT DELIVERY DISCOUNT
10.2.1 A discount shall be invoked when an inspection
report reveals a maintenance item (i.e. mowing,
trimming, sprinkler maintenance, weeding, trash
pickup, shredding of trash, etc.) was done
unsatisfactorily in accordance with the standards set
forth in this Scope of Work. The Vendor will be given
a minimum of two working days to correct the
deficient work. If the work after two working days
remains unsatisfactory, the following percentage of
the total calculated monthly billing would be deducted
as a discount:
Number of Deficient
Maintenance Operations
Degree of Discount
1 5% of monthly billing
2 10% of monthly billing
3 15% of monthly billing
4 20% of monthly billing
5 or more 25% of monthly billing
At the point of more than five (5) deficient operations,
the Vendor may be found in default of the contract
and removed for no cause.
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 discount would be reduced to
$10.00. Any discounts would be deducted from the next billing.
10.3 NONRECOVERY OF DISCOUNT BY VENDOR
10.3.1 Money withheld as a discount from any monthly payment due
the Vendor will be considered a forfeiture on the part of the Vendor
and not recoverable.
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10.3.2 The intent of this contract is to provide a well-maintained
landscape with regard to the specifications. Adherence to the
specifications will make it unnecessary to invoke penalties.
B. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• Pre-Proposal Meeting: 2:00 PM MST on September 21, 2018
• Question deadline: 5:00 PM MST on September 26, 2018
• Proposal due date: 3:00 MST (our clock) on October 8, 2018
• Interviews (tentative): Week of October 15, 2018
• Award of Contract (tentative): Week of November 5, 2018
C. Interviews
In addition to submitting a written proposal, the top-rated Vendors may be interviewed by
the RFP assessment team and asked to participate in an oral presentation to provide an
overview of the company, approach to the project and to address questions. The
evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
D. Subcontractors
Vendors will be responsible for identifying any subcontractors in their proposal. Please
note that the City will contract solely with the awarded Vendor; therefore subcontractors
will be the responsibility of the Vendor.
E. Proposal Format
Please limit the total length of your proposal to a maximum of fifteen (15) double sided or
thirty (30) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers
and Vendor Statement form). Font shall be a minimum of 10 Arial and margins are limited
to no less than .5” for sides and top/bottom. Proposals that do not conform to these
requirements may be rejected.
F. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances. All work shall be performed in accordance with ANSI
Z133.1 A300 and applicable OSHA and AWWA Standards.
G. Fees, Licenses, Permits
The successful Vendor shall be responsible for obtaining any necessary licenses, fees or
permits without additional expense to the City. All equipment shall be properly licensed
and insured, carry the appropriate permits and be placarded as required by law.
H. Laws and Regulations
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The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal
laws and regulations and municipal ordinances.
I. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Vendor each month following
the submittal of a correct invoice by the Vendor indicating the project name, task
description, hours worked, personnel/work type category, hourly rate for each
employee/work type category, date of the work performed specific to the task, percentage
of that work that has been completed by task, 3rd party supporting documentation with the
same detail and a brief progress report.
Payments will be made using the prices listed on the agreed-to Price Schedule. In the
event a service is requested which is not listed on the Price Schedule, the Vendor and the
City will negotiate an appropriate unit price for the service prior to Vendor initiating such
work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
For this section, Vendors are required to provide detailed written responses to the following
items in the order outlined below. The responses shall be incorporated in the contract award
as deemed appropriate by the City. A proposal that does not include all the information
required may be deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. The City’s intent is to choose
the most qualified firm based upon qualifications, experience, availability, general cost,
motivation and assigned personnel. Award of the work will be made in the best interest of the
City. Evaluations will be completed using the submittal requirements. The City has the right to
award to multiple Vendors.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Vendor Information
1. Describe the Vendor’s business and background
2. Number of years in the business and location
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm, including a list of equipment that could be potentially used for this
project. Furthermore, describe a plan for acquiring/leasing equipment that is not
currently owned but would be necessary for the completion of the Scope of Work.
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6. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s). Complete Section VI,
Vendor Statement.
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. Narrative shall include any maps or spreadsheets discussing the
scheduling of work with available staff and any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
4. Provide a sample Integrated Pest Management (IPM) plan utilized from a similar
previous project.
5. Provide a narrative describing how the Vendor trains staff on best management
practices and safety.
6. Identify what portion of work, if any, may be subcontracted.
D. Firm Capability
Provide relevant information regarding previous experience related to this or similar
Projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and sub consultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the consulting services described above.
3. Provide a minimum of three similar projects with public agencies in the last 5 years
that have involved the staff proposed to work on this project. Include the owner’s
name, title of project, beginning price, ending price, contact name, email and phone
number, sub-consultants on the team and a brief description of the work and any
change orders.
4. References (current contact name, current telephone number and email address)
from at least three similar projects with similar requirements that have been
completed within the past five (5) years and that have involved the staff proposed to
work on this project. Provide a description of the work performed. The Vendor
authorizes the City to verify any and all information contained in the Vendor’s
submittal from references contained herein and hereby releases all those concerned
providing information as a reference from any liability in connection with any
information they give.
E. Assigned Personnel
1. List of Project Personnel: This list should include the identification of the contact
person with primary responsibility for this Agreement, the personnel proposed for this
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Agreement, and any supervisory personnel, including partners and/or sub
consultants, and their individual areas of responsibility.
2. A resume for each professional and technical person assigned to the Agreement,
including partners and/or sub consultants, shall be submitted. Please limit resumes
to one page.
3. Describe the availability of project personnel to participate in this project in the
context of the Vendors other commitments.
F. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe how your organization strives
to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the
workplace. See Section IV: Review and Assessment for additional information.
If possible, please highlight areas of opportunity in the project where sustainability could
be applied and/or improved.
G. Cost and Hourly Rates
In your response to this proposal, please complete the Fee Schedule located in Section
V. It shall be each Vendor’s responsibility to familiarize themselves with the complexities
involved for all work.
H. Additional Information
Provide any information that distinguishes Vendor from its competition and any additional
information applicable to this RFP that might be valuable in assessing Vendor’s proposal.
Exceptions to the Scope of Services and City Agreement (a sample of which is
attached in Section VII) shall be documented.
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IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Vendors will be evaluated on the following criteria. These criteria will be the basis for
review and assessment of the written proposals and optional interview session. At the
discretion of the City, interviews of the top-rated Vendors may be conducted.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating,
and 5 being an outstanding rating.
WEIGHTING
FACTOR
QUALIFICATION STANDARD
2.0 Scope of Proposal
Does the proposal address all submittal
elements? Does the proposal show an
understanding of the scope of work? Are there
any exceptions to the specifications, Scope of
Work or agreement?
2.0 Assigned Personnel
Do the persons who will be working on the
project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
1.0 Sustainability
Does the firm demonstrate a commitment to
Sustainability in their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
3.0
Cost and Hourly
Rates
Does the proposal include detailed cost break-
down for each cost element as applicable and
are the line-item costs competitive?
2.0 Firm Capability
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Does the Vendor have sufficient
equipment to complete the work?
Definitions
Sustainable Purchasing is a process for selecting products or services that have a lesser
or reduced negative effect on human health and the environment when compared with
competing products or services that serve the same purpose. This process is also known
as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”.
The Triple Bottom Line (TBL) is an accounting framework that incorporates three
dimensions of performance: economic, or financial; environmental, and social. The
generally accepted definition for TBL is that it “captures the essence of sustainability by
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measuring the impact of an organization’s activities on the world…including both its
profitability and shareholders values and its social, human, and environmental capital.”
B. Reference Evaluation Criteria
Prior to award, the Project Manager will check references using the following criteria.
Negative responses from references may impact the award determination.
CRITERIA STANDARD QUESTIONS
Overall Performance
Would you hire this Vendor again? Did they show
the skills required by this project?
Timetable
Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a
timely manner?
Completeness
Was the Vendor responsive to client needs; did the
Vendor anticipate problems? Were problems solved
quickly and effectively?
Budget
Was the original Scope of Work completed within the
project budget?
Job Knowledge
If a study, did it meet the Scope of Work?
If Vendor administered a construction contract, was
the project functional upon completion and did it
operate properly? Were problems corrected quickly
and effectively?
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V. FEE SCHEDULE
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VI. VENDOR STATEMENT
Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP. Additionally, Vendor hereby makes the following
representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Vendor’s knowledge and belief.
b. Vendor commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Vendor further agrees that the method of award is acceptable.
e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins
within 30 days of notice of award. If contract is not completed and signed within 30 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Vendor acknowledge receipt of addenda.
Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN)
SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as "Service Provider, Vendor or
Contractor".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for services
for . The conditions set forth herein shall apply to all services performed by the
Service Provider on behalf of the City and particularly described in Work Orders agreed
upon in writing by the parties from time to time. Such Work Orders, a sample of which
is attached hereto as Exhibit A, consisting of one (1) page and incorporated herein by
this reference, shall include a description of the services to be performed, the location
and time for performance, the amount of payment, any materials to be supplied by the
City and any other special circumstances relating to the performance of services. No
Work Order shall exceed $ . A general scope of services is attached hereto as
Exhibit C, consisting of ( ) page(s), and incorporated herein by this
reference.
The only services authorized under this Agreement are those which are performed after
receipt of such Work Order, except in emergency circumstances where oral work
requests may be issued. Oral requests for emergency actions will be confirmed by
issuance of a written Work Order within two (2) working days. Irrespective of references
in Exhibit A to certain named third parties, Service Provider shall be solely responsible
for performance of all duties hereunder.
b. The City may, at any time during the term of a particular Work Order and without
invalidating such Work Order, make changes to the scope of the particular services.
Such changes shall be agreed upon in writing by the parties by Change Order, a sample
of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated
herein by this reference.
2. Changes in the Work. The City reserves the right to independently bid any services rather
than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service
Provider.
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3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or oral
emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence , 20 and shall continue in
full force and effect until , 20 , unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed ( ) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. Written notice of renewal
shall be provided to the Service Provider and mailed no later than thirty (30) days prior to
contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without is 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.
6. Early Termination by City/Notices. 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 mailed at least fifteen (15) days
prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed,
postage prepaid and sent to the following address:
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
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, 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.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The
actual amount of work to be performed will be stated on the individual Work Orders. The
City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full payment for all
work done and all materials furnished and for all costs and expenses incurred in
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performance of the work the sums set forth for the hourly labor rate and material costs,
with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit
, consisting of ( ) page(s), and incorporated herein by this reference.
Payment shall be made by the City only upon acceptance of the work by the City and
upon the Service Provider furnishing satisfactory evidence of payment of all wages,
taxes, supplies and materials, and other costs incurred in connection with the
performance of such work.
9. City Representative. The City's representative will be shown on the specific Work Order
and shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the work requested. All requests concerning this Agreement shall be
directed to the City Representative.
10. Independent Contractor. It is agreed that in the performance of any services hereunder, the
Service Provider is an independent contractor responsible to the City only as to the results
to be obtained in the particular work assignment and to the extent that the work shall be
done in accordance with the terms, plans and specifications furnished by the City.
11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
performing identical or substantially similar work, (b) the subcontractor will be required to
comply with all applicable terms of this Agreement, (c) the subcontract will not create any
contractual relationship between any such subcontractor and the City, nor will it obligate the
City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor
will be subject to inspection by the City to the same extent as the work of the Service
Provider.
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 under the Agreement or
of any cause of action arising out of the performance of this Agreement.
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.
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b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work, provided under
this Agreement, except City-furnished materials, equipment and labor, against defects
and nonconformances in design, materials and workmanship/workwomanship for a
period beginning with the start of the work and ending twelve (12) months from and after
final acceptance under the Agreement, regardless whether the same were furnished or
performed by Service Provider or by any of its subcontractors of any tier. Upon receipt
of written notice from City of any such defect or nonconformances, the affected item or
part thereof shall be redesigned, repaired or replaced by Service Provider in a manner
and at a time acceptable to City.
15. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this Agreement, such party may be declared in default thereof.
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 default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement
and seek damages; (b) treat the Agreement as continuing and require specific performance;
or (c) avail himself of any other remedy at law or equity. If the non-defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party shall
be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs incurred because of the default.
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,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representative, 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 person
or persons, or damages to property arising out of, result from or occurring in connection
with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit ,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
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The Service Provider before commencing services hereunder shall deliver to the City's
Purchasing Director, 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
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State
of Colorado. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction such holding shall not invalidate or
render unenforceable any other provision of this Agreement.
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:
1) Service Provider does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2) Service Provider will participate in either the e-Verify program created in Public Law
208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland
Security (the “e-Verify Program”) or the Department Program (the “Department
Program”), an employment verification program established pursuant to Section 8-
17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired
employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Service Provider
shall:
1) Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2) Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing
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or contracting with the illegal alien; except that Service Provider shall not terminate
the contract with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed
or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado Department
of Labor and Employment (the “Department”) made in the course of an investigation that
the Department undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
22. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and
Prevention Manual,” which is available for public download at
https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is
incorporated herein by this reference. The City of Fort Collins has implemented this manual
for all projects performed for the City of Fort Collins or located within the City of Fort Collins
City limits.
23. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one
(1) page, and Exhibit - Federal Transit Administration Federally Required and Other
Model Contract Clauses , consisting of eleven (11) pages attached hereto and incorporated
herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
SERVICE PROVIDER'S NAME
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE: (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
Service Provider agrees to perform the services identified above and on the attached forms in
accordance with the terms and conditions contained herein and in the Master Agreement between
the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement
and this Work Order (including the attached forms) the Master Agreement shall control.
The attached forms consisting of ( ) page(s) are hereby accepted and incorporated
herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this
document.
SERVICE PROVIDER: Date:
Name, Title
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
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EXHIBIT B
CHANGE ORDER
NO.
PROJECT TITLE:
SERVICE PROVIDER: Company Name
WORK ORDER NUMBER:
PO NUMBER:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
SERVICE PROVIDER: Date:
Name, Title
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
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EXHIBIT C
GENERAL SCOPE OF SERVICES
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EXHIBIT
(BID SCHEDULE/COMPENSATION)
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EXHIBIT
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider 's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this Agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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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 relate
to the City or its employees, customers or suppliers, which access is related to the performance
of services that the Service Provider has agreed to perform, the Service Provider hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service Provider
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the City).
The Service Provider shall not disclose any such information to any person not having a legitimate
need-to-know for purposes authorized by the City. Further, the Service Provider shall not use
such information to obtain any economic or other benefit for itself, or any third party, except as
specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have
no obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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EXHIBIT
FEDERAL TRANSIT ADMINISTRATION
FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not
a party to that contract) pertaining to any matter resulting from the underlying contract.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
(31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307)
Program Fraud and False or Fraudulent Statements or Related Acts.
1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program
Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project.
Upon execution of the underlying contract, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or
causes to be made, pertaining to the underlying contract or the FTA assisted project for
which this contract work is being performed. In addition to other penalties that may be
applicable, the Contractor further acknowledges that if it makes, or causes to be made,
a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
2. The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C.
§ 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001
and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government
deems appropriate.
3. The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
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3. ACCESS TO RECORDS AND REPORTS
(49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17)
Access to Records - The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or
a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor
agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the
United States or any of their authorized representatives access to any books,
documents, papers and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions.
Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator
or his authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the
Purchaser, the FTA Administrator or his authorized representatives, including any PMO
Contractor, access to the Contractor's records and construction sites pertaining to a
major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial
assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By
definition, a major capital project excludes contracts of less than the simplified
acquisition threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase
or under the simplified acquisition threshold and is an institution of higher education, a
hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the
Purchaser, FTA Administrator, the Comptroller General of the United States or any of
their duly authorized representatives with access to any books, documents, papers and
record of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient
in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or
improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding,
the Contractor shall make available records related to the contract to the Purchaser, the
Secretary of Transportation and the Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection.
5. 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.
6. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of termination
or expiration of this contract, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
7. FTA does not require the inclusion of these requirements in subcontracts.
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Requirements for Access to Records and Reports by Types of Contract
Contract Characteristics
Operational
Service
Contract
Turnkey Construction
Architectural
Engineering
Acquisition of
Rolling Stock
Professional
Services
I State Grantees
a. Contracts below SAT
($100,000)
None
Those imposed
on state pass
thru to
Contractor
None None None None
b. Contracts above
$100,000/Capital Projects
None unless1
non-competitive
award
Yes, if non-
competitive
award or if
funded thru2
5307/5309/5311
None unless
non-competitive
award
None unless
non-competitive
award
None unless
non-competitive
award
II Non State Grantees
a. Contracts below SAT
($100,000)
Yes3
Those imposed
on state pass
thru to
Contractor
Yes Yes Yes Yes
b. Contracts above
$100,000/Capital Projects
Yes3
Yes Yes Yes Yes
Sources of Authority:
1
49 USC 5325 (a)
2
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a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.
§ 5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order
No. 11246, "Equal Employment Opportunity," as amended by Executive Order No.
11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of the Project. The Contractor
agrees to take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, creed,
national origin, sex, or age. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act,"
29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
3. The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FTA, modified only if necessary
to identify the affected parties.
6. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
(FTA Circular 4220.1E)
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
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(name of grantee) requests which would cause (name of grantee) to be in violation of the
FTA terms and conditions.
7. ENERGY CONSERVATION REQUIREMENTS
(42 U.S.C. 6321 et seq. 49 CFR Part 18)
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.
8. TERMINATION
(49 U.S.C. Part 18 FTA Circular 4220.1E)
a. Termination for Convenience (General Provision) The (Recipient) may terminate this
contract, in whole or in part, at any time by written notice to the Contractor when it is in
the Government's best interest. The Contractor shall be paid its costs, including contract
close-out costs, and profit on work performed up to the time of termination. The
Contractor shall promptly submit its termination claim to (Recipient) to be paid the
Contractor. If the Contractor has any property in its possession belonging to the
(Recipient), the Contractor will account for the same, and dispose of it in the manner the
(Recipient) directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in the manner called for in the
contract, or if the Contractor fails to comply with any other provisions of the contract, the
(Recipient) may terminate this contract for default. Termination shall be effected by
serving a notice of termination on the contractor setting forth the manner in which the
Contractor is in default. The contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or are
beyond the control of the Contractor, the (Recipient), after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in
the case of a termination for breach or default, allow the Contractor [an appropriately
short period of time] in which to cure the defect. In such case, the notice of termination
will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of
the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by
Contractor of written notice from (Recipient) setting forth the nature of said breach or
default, (Recipient) shall have the right to terminate the Contract without any further
obligation to Contractor. Any such termination for default shall not in any way operate
to preclude (Recipient) from also pursuing all available remedies against Contractor and
its sureties for said breach or default.
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d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this
Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any
succeeding breach of that or of any other term, covenant, or condition of this Contract.
j. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient) may
terminate this contract, or any portion of it, by serving a notice or termination on the
Contractor. The notice shall state whether the termination is for convenience of the
(Recipient) or for the default of the Contractor. If the termination is for default, the notice
shall state the manner in which the contractor has failed to perform the requirements of
the contract. The Contractor shall account for any property in its possession paid for
from funds received from the (Recipient), or property supplied to the Contractor by the
(Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract
provides for a fee, to be paid the contractor in proportion to the value, if any, of work
performed up to the time of termination. The Contractor shall promptly submit its
termination claim to the (Recipient) and the parties shall negotiate the termination
settlement to be paid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid
its contract close-out costs, and a fee, if the contract provided for payment of a fee, in
proportion to the work performed up to the time of termination.
If, after serving a notice of termination for default, the (Recipient) determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood, events
which are not the fault of and are beyond the control of the contractor, the (Recipient),
after setting up a new work schedule, may allow the Contractor to continue work, or treat
the termination as a termination for convenience.
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the City of
Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to the City of Fort Collins, the
Federal Government may pursue available remedies, including but not limited to suspension
and/or debarment. The bidder or proposer agrees to comply with the requirements of 49
CFR 29, Subpart C while this offer is valid and throughout the period of any contract that
may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
10. BREACHES AND DISPUTE RESOLUTION
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(49 CFR Part 18FTA Circular 4220.1E)
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
(Recipient)'s [title of employee]. This decision shall be final and conclusive unless within
[ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise
furnishes a written appeal to the [title of employee]. In connection with any such appeal, the
Contractor shall be afforded an opportunity to be heard and to offer evidence in support of
its position. The decision of the [title of employee] shall be binding upon the Contractor and
the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person
or property because of any act or omission of the party or of any of his employees, agents
or others for whose acts he is legally liable, a claim for damages therefor shall be made in
writing to such other party within a reasonable time after the first observance of such injury
of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the (Recipient) 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 (Recipient) 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 (Recipient), (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
(31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20)
Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors
are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying
Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on
Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section
7, which provides that contractors file the certification required by 49 CFR Part 20,
Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B
of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions
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on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix
A.
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -
Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under
the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-
Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C.
1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form--LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions [as amended
by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96). Note: Language in paragraph (2) herein has been modified in accordance
with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2
U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by
the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
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[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such
expenditure or failure.]
The Contractor, ________________ ___, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In
addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et
seq., apply to this certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
12. CLEAN AIR
(42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18)
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et
seq. The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
13. CLEAN WATER REQUIREMENTS
(33 U.S.C. 1251)
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33
U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser
and understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
14. CARGO PREFERENCE REQUIREMENTS
(46 U.S.C. 1241 , 46 CFR Part 381)
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use
privately owned United States-Flag commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers)
involved, whenever shipping any equipment, material, or commodities pursuant to the
underlying contract to the extent such vessels are available at fair and reasonable rates for
United States-Flag commercial vessels; b. to furnish within 20 working days following the
date of loading for shipments originating within the United States or within 30 working days
following the date of leading for shipments originating outside the United States, a legible
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copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of
cargo described in the preceding paragraph to the Division of National Cargo, Office of
Market Development, Maritime Administration, Washington, DC 20590 and to the FTA
recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include
these requirements in all subcontracts issued pursuant to this contract when the subcontract
may involve the transport of equipment, material, or commodities by ocean vessel.
15. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
(49 CFR Part 26)
of DBE subcontracting participation when specific contract goals have been established.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part
26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE
participation is 2 %. A contract goal for participation has not been established for this
procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure
by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the City of
Fort Collins deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. The successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the
contractor’s receipt of payment for that work from the City of Fort Collins. In addition,
the contractor may not hold retainage from its subcontractors and is required to return
any retainage payments to those subcontractors within 30 days after the subcontractor's
work related to this contract is satisfactorily completed.
e. The contractor must promptly notify the City of Fort Collins whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work, and
must make good faith efforts to engage another DBE subcontractor to perform at least
the same amount of work. The contractor may not terminate any DBE subcontractor
and perform that work through its own forces or those of an affiliate without prior written
consent of the City of Fort Collins.
16. RECYCLED PRODUCTS
(42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873)
Recovered Materials - The contractor agrees to comply with all the requirements of Section
6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C.
6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and
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Executive Order 12873, as they apply to the procurement of the items designated in Subpart
B of 40 CFR Part 247.
17. ADA ACCESS
Accessibility. Facilities to be used in public transportation service must comply with 42
U.S.C. Sections 12101 et seq. and DOT regulations, “Transportation Services for
Individuals with Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations,
“Americans with Disabilities (ADA) Accessibility Specifications for Transportation
Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by
reference the ATBCB’s “Americans with Disabilities Act Accessibility Guidelines”
(ADAAG), revised July 2004, which include accessibility guidelines for buildings and
facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added
specific provisions to Appendix A modifying the ADAAG, with the result that buildings and
facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49
CFR Part 37.
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
procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775.
49 CFR 633.17
3
18 CFR 18.36 (i)
4. FEDERAL CHANGES
(49 CFR Part 18)
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in the Master Agreement between Purchaser and FTA, as they may be amended
or promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.
5. CIVIL RIGHTS REQUIREMENTS
(29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132,
49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.)
Civil Rights - The following requirements apply to the underlying contract:
1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not
discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the Contractor agrees to
comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
2. Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract: