Exhibit A - Scope of Work_Landscape Maintenance_FINAL.pdf

EXHIBIT A – SCOPE OF WORK

SCOPE OF WORK – LANDSCAPE MAINTENANCE:

The contractor will provide scheduled landscape/grounds maintenance services at various City locations, excluding Denver International Airport.

The contractor shall furnish all labor, equipment, and material as necessary to perform all specified services.

The contractor is required to provide to the General Services Contracts Office a centralized point of delivery for all contract related communication to include but not limited to work order assignments, invoicing, annual insurance renewals and general contract communication.

For a list of facilities, and the required services for Landscaping, refer to Exhibit A - Attachment A

– Landscape Maintenance Service Grid.

All Landscaping services are to be performed on a regular basis as described in Exhibit B, April 15th through October 15th (with the exception of some late season services) and are subject to the following.

General:

Any watering performed by the successful proposer shall be done according to current local restrictions and guidelines.

1. The Contractor’s equipment shall be of such type as to accurately and effectively perform the task intended and to cause no hazards or dangers to the properties, tenants and pedestrians while doing so. The Contractor shall maintain equipment to minimize noise and noxious fumes beyond normal functioning levels as prescribed by the manufacturer.

2. The Contractor’s trucks and trailers must be clearly marked with safety cones or other devices when parked to ensure the public is well aware of their presence during operations and grounds maintenance. Contractor personnel must always be aware of the safety of the public during operations and shall adhere to all federal, state, and local safety laws. The Contractor shall assume all on-the-job responsibilities for the actions of their personnel and those employed by any sub-contractor. The Contractor shall ensure that caution be exercised to prevent injury to the public and damage to public or private property. The Contractor shall not hold the City responsible or make any claim for equipment damaged by rocks or other debris at the facility. The Contractor shall be responsible to ensure that the site is free from such debris prior to performing any work.

3. All materials used by the Contractor shall be of such type and quality as to accurately and effectively perform as intended.

4. All personnel employed by the Contractor to perform services under this Agreement shall be thoroughly trained in the techniques and methods of grounds maintenance prior to assignment to work under this Agreement. To ensure that Contractor personnel are easily identified while on the premises of any City facility, they shall always wear prominent identification as supplied by the Contractor.

5. The Contractor shall always provide qualified supervision to direct all Contractor personnel and maintenance operations. The Contractor shall always have a supervisor fluent in English on each site while work is being performed.

6. All work shall be accomplished by workers proficient and experienced in the trades required for each project. Work will be completed in an orderly and responsible manner in the shortest time possible in accordance with recognized standards.

7. The Contractor shall provide all maintenance services with the level of service in accordance with practices recommended by the manufacturer of each item of equipment as well as generally accepted industry practices, notwithstanding any failure by the City to include the type of service in the specifications.

8. Quality Control Inspections

The Contractor’s managerial and supervisory personnel are expected to continuously monitor the work performed by employees and to continuously inspect the areas that they clean.

Spring – Fall Every two weeks, the City’s Operations Supervisor inspect a randomly selected facility. Individual Facility Managers may inspect their facilities at any time.

Inspections should result in a numerical score, generally based on standards such as:

• 5. Exceptional (Very few, if any, imperfections are found.)

• 4. Very Good (Relatively minor imperfections are found, overall site presentable)

• 3. Satisfactory (Area is generally presentable, but imperfections are not hard to find. Trash and sticks close to or on walkway. Leaf piles gathered on property.)

• 2. Marginal (Weeds and trash mowed, weeds and trash in tree rings and flower beds.)

• 1. Unsatisfactory (Obvious neglect. Weeds and grass overgrown, heavy trash accumulation and decomposition.)

If contractor earns an unsatisfactory quality control/inspection score, contractor is required to address all issues at no additional cost to the City per occurrence.

9. Premises shall be kept clean and neat. Materials, scrap, and equipment not having further use at the site shall be promptly removed from the job site. Disposal of Contractor’s waste materials in the City’s containers is prohibited unless prior permission has been granted.

10. The Contractor shall be familiar with and operate within the guidelines as set forth by the Occupational Safety and Health Act.

11. The Contractor’s supervisor shall provide a weekly report to the General Services’ Operations Supervisor (GS Operations Supervisor) about each facility visit verifying the supervisor’s presence and providing an update on the status of the grounds. The Contractor’s supervisor shall also leave a work ticket with the GS Operations Supervisor on a weekly/bi-weekly basis including information on tasks completed during each visit. These records will be kept on file by the Contractor for the duration of the Agreement.

12. In addition to the Scope of Work required to be performed at each facility complex, all plant material within all concrete security planters (barriers) located at various locations around the facilities shall be checked at least twice a month to ensure that a healthy condition of each plant is being maintained. If additional watering of any plant(s) within the concrete barriers is required, the Contractor shall bring this to the attention of the GS Operations Supervisor. Failure to do so may result in the Contractor being responsible for replacement of all plants.

13. The Contractor shall furnish within ten business (10) days from award of contract, a general outline of a working schedule for each location site.

14. The Contractor shall be responsible for labor and materials essential to provide the following:

a) All Contractor personnel shall comply with the instructions pertaining to conduct and building regulations issued by the GS Operations Supervisor. Example: Work that is done in secure areas.

b) All existing and new plant material shall be replaced at the Contractor’s expense in the event the death of or damage to the plant was caused by negligence or a direct act by the Contractor.

15. The maintenance personnel for the Contractor shall limit their activities to maintenance tasks only and shall not perform any installation at any time. Installations will occur through a Work Order and a separately Purchase Order only.

16. The Contractor shall not perform work outside of the scope of this Agreement without the approval of the GS Operations Supervisor. Prior to any performance of work that is not outlined in the Agreement, the Contractor must prepare and submit to the GS Operations Supervisor a written proposal itemizing the cost of labor and materials associated with such work. Written approval must be given by the GS Operations Supervisor prior to commencement of such work.

Pest Management for Outdoor Vegetation – Trees, Shrubs, Plantings, Turf:

1. The Contractor shall be responsible for the detection, monitoring and controlling of all pests.

The Contractor shall be aware of the potential pests and shall make regular (at least monthly) and thorough inspections of all outdoor vegetation including trees, shrubs, plantings, and turf. The Contractor shall recommend treatment and submit a cost proposal to the GS Operations Supervisor.

If the Contractor fails to identify a pest problem in a timely manner to prevent damage to the vegetation, the Contractor shall be responsible for the cost to repair or replace the damaged vegetation.

2. Application of pesticide shall not be done as calendar-scheduled or general cover sprays.

Pesticides shall only be applied as approved by the GS Operations Supervisor when pests are detected through regular monthly inspections.

3. The Contractor shall apply pesticides on the site only at a time of day when human activity is at a minimum. Specified hours for treatment shall be limited to: 5:30 AM to 8:30 AM; 5:30 PM to 7:30 PM; weekends.

4. Use of all pesticides shall adhere to all federal, state, and local laws including Department of Agriculture Regulations for Commercial Application of Pesticides and must comply with the City’s list of prohibited products as well as provide the following:

a) Proposed methods for control, including labels and five (5) copies of Safety Data Sheets

(SDS) for all pesticides to be used.

b) It shall be the Contractor’s responsibility to carry out work according to the approved use of pesticides for outdoor vegetation for each building site. The Contractor shall receive the concurrence of the GS Operations Supervisor prior to implementing any subsequent changes to the agreed upon method of applying pesticides, as well as additions or replacements to the pesticide list and to on-site service personnel.

c) Contractor must avoid over-spraying any pesticides and must immediately clean up any accidentally spilled pesticide. At no time shall any pesticide be sprayed near storm water drains or allowed to impact bodies of water.

Turf Maintenance – Mowing and Trimming:

1. The Contractor shall begin the first mowing after April 7, but prior to April 15. Grass shall be mowed on a weekly basis between April 15 and October 15, with the exception of those locations that are mowed bi-weekly. Mowed height shall be no less than two and one-half (2-1/2) inches. No more than one-third (1/3) of the blade shall be removed during the mowing.

2. The Contractor shall ensure that the entire site is walked and freed of all trash before mowing begins. NO TRASH IS TO BE CUT AT ANY TIME.

3. The Contractor shall provide suitable mechanical equipment to perform final trimming around permanent objects such as trees, shrubs, posts, fences, car stops and curbs. The Contractor shall ensure that all turf areas are cut at the same height of two and one-half (2-1/2) inches. Trimming must be completed on the same day each time the Contractor cuts open space areas. Herbicides for trimming ARE NOT to be used without prior approval of the GS Operations Supervisor.

4. The Contractor shall edge all walkways and curbs once per month. A steel blade edger shall be used, and all walks and curbs shall be swept or blown after this operation. All concrete and asphalt walks and curbing, boundary to boundary, shall be done every second mowing to maintain a one half (1/2) inch margin from hard surface. All dirt and debris from edging operations shall be removed the same day. All sidewalks and curb seams will be kept free of weeds and grass.

5. The Contractor shall not be required to pick up or bag cut grass unless the frequency of mowing is not within standards and unsightly windrows of clippings results. In the event grass clippings are picked up or bagged, the clippings shall be removed from the site and transported to an appropriate recycling facility. In addition, subject to the prescribed mowing standards, the raking and bagging shall be a Contract requirement at no additional cost to the City. Mowing patterns shall be such that the clippings are evenly distributed. The Contractor shall not allow grass clippings to accumulate on hard surface areas, sidewalks, or roadways. Mowing patterns shall be established, and equipment operated so that the height of cut is uniform at two and one-half (2 1/2) inches and so that no scalping occurs. The Contractor shall ensure that trees, shrubs, and other plants are not “barked” by running into them with mowing equipment and that grass clippings are not to be blown into shrubs or flower beds. The Contractor shall be required to replace trees, shrubs and other plants that are severely damaged due to barking.

6. The Contractor shall ensure that mowers are kept sharp and free from leaking lubricants and fuel; and that fueling shall be conducted on pavement, not on turf. Any spills of fuel or lubricants must be immediately absorbed and cleaned up.

7. The Contractor shall manage all growth along police facility lines to include at least a six (6) foot swath of clearing (low cut grass), wherever possible. Remove all trees or raise the canopy of trees that may provide access over a security fence. All trees and bushes should be trimmed away from lighting fixtures and mounted security cameras.

8. The Contractor shall also be responsible for mowing maintenance of all Stormwater Management Ponds (Dry ponds) located at various sites. The Contractor shall not cut any ponds where conditions are such that it creates rutting of the ground surface. This includes, but is not limited to, the following locations:

• Police District 1

• Police District 2

• Police District 3

• Police District 4

• Denver Animal Shelter

• East Side Human Services Building

• DPD Traffic Operations

9. The Contractor shall also maintain all areas near the natural tree line to prevent overgrowth over onto the lawn and parking lot/sidewalk areas.

10. All facility courtyards shall be maintained at the same level of service (mowing, trimming, edging, weeding, pruning, etc.)

Landscape Maintenance – Mulch and Weed Control:

1. All beds and tree rings (including raised beds and contained planters) shall be mulched with dark, double-shredded hardwood bark mulch at a depth of two (2) inches in early spring, no later than April 30 or the last snow fall. The Contractor shall remove any mulch existing from previous years that is in excess of two (2) inches deep before new mulch is applied. The mulch must be kept at least two (2) inches away from the base of tree trunks and at least two (2) inches from the crown of all shrubs. All planting beds are to be edged to a depth to provide a clear separation of turf and mulch. Tree rings are to be established and maintained at a minimum diameter of four (4) feet.

Tree rings are to be edged when contacting hard surfaces (sidewalks, curbs, gutters, or roadways).

All beds are to be edged prior to mulching.

2. The Contractor shall keep all beds, tree rings, and planting areas weed-free at all times. The Contractor shall control weeds by hand at least monthly. If the Contractor wants to use a pre emerged herbicide, a written request must be provided to the GS Operations Supervisor. Post-emergent, nonselective contact herbicides SHALL NOT be used unless the Contractor submits a written request to the GS Operations Supervisor outlining special circumstances that warrant their use. The Contractor is barred from using these post-emergent, non-selective contact herbicides unless approved in writing by the GS Operations Supervisor. This includes, but is not limited to the use on paved surfaces, sidewalks, etc.

3. The contractor will have twenty-four (24) hours from the time of notification to correct any specific instances of unsatisfactory performance. In the event the unsatisfactory performance is not corrected within the time specified above, the City shall have the immediate right to complete the work to its satisfaction and shall deduct the cost to cover from any balances due or to become due the contractor. Repeated incidences of unsatisfactory performance may result in cancellation of the agreement.

Clean-Up:

1. The Contractor shall ensure that all of the grounds, including planting areas, plant materials, lawns and paved areas are kept clean. This includes wooded and natural areas and dry and wet ponds where trash is visible.

2. The Contractor shall remove and dispose of any and all trash, including but not limited to litter, broken glass, sharps, cigarette butts, sticks, natural debris (soil, sand, rocks and gravel, withered flower buds, seed pods, leaves, etc.) from all landscaped areas, including all raised planters, turf and groundcover beds, and paved areas during every visit. Vegetation debris shall be collected separately and transported to an appropriate recycling facility.

3. In autumn, the Contractor shall rake and remove leaves by December 31. Leaf removal shall include removal of leaves from all turf areas, including street, parking lots and parking lot curb areas. The Contractor shall remove all leaf and vegetative debris from City sites and properly transport to an appropriate recycling facility.

4. The Contractor is required to remove all leaves from all lawns and bed areas each visit prior to mowing. This includes leaves and branches that drop throughout the year. All vegetative debris will be collected separately and transported to an appropriate recycling facility.

LANDSCAPING – SERVICE DEFINITIONS:

Weekly/Bi-weekly/Monthly Services

1. Mow, Trim and Blow: Includes weekly Blue Grass mowing, weekly string trimming

(i.e. sidewalks, edging landscape beds), and blow off walks and drive lanes

2. Edging: Stick edge sidewalks once a month

3. Weed Beds: Hand pull weeds

4. Trash removal weekly

5. Irrigation Inspection: Irrigation check – run zone by zone, adjust clock. NOTE: this does NOT include repairs. Any repairs necessary must be reported to the GS Operations Supervisor.

6. Buffalo Grass Maintenance – Mow and Trim: Mow Buffalo Grass 1 – 2 times per month

7. Perimeter Mow – Perimeter is generally defined as the right of way or perimeter of the grass, between the sidewalks and curbing.

Spring/Fall Operations

1. Spring Cleanup: Blowout landscape beds and turf to remove debris

2. Edging

3. Tree Wrap Removal: Remove tree wrap material from selected trees

4. Spring Aeration: Pulling plugs from grass

5. Spring Power Rake

6. Buffalo Grass –broadleaf spray weeds: Spray selective herbicide for weed control.

7. Ornamental Grass Cleanup: Prune back in early spring

8. Irrigation Start-Up: Start, pressurize, and check system

9. Fall Aeration: Pulling plugs from grass

10. Fall Power Rake

11. Fall Cleanup: Leaf cleanup and prep for winter

12. Irrigation Blowout

Native Mowing

1. Native mow, trim, cleanup: Native mowing (use string trimmer in tight areas), and clean area

Tree and Shrub Care

1. Spring Shrub Pruning: spring pruning of shrubs to promote growth and healthy stubs

2. Summer Shrub Pruning: summer pruning of shrubs to promote growth and healthy stubs

3. Tree Ring Establishment and Maintenance: Remove weeds, grasses, etc. from interior of rings; continue to keep interior free of grasses and weeds.

4. Safety Tree Pruning: prune broken or low hanging limbs up to 7 – 8’

Chemical Application

1. Pre-Emergent Treatment Turf & Selective Spray

2. Pre-Emergent Treatment Shrub beds

3. Turf Fertilization

4. Turf Fertilization with Weed Control

5. Fertilization Shrub Beds

6. Roundup Work – Beds and Hardscapes

7. Weed Control in Turf

8. Broadleaf Spray Weeds

9. Natural Herbicide Spray Work: Beds & Hardscapes

Winter Services

1. Winter Structural Shrub Pruning: Perform any necessary shaping to shrubs and trees

2. Winter Detail: Trash and Debris pickup

3. Tree Wrap: Wrap young trees to protect from freezing and winter sun-scalding

PROPERTY DAMAGE:

Contractor is required to report all occurrences of property damage and supporting pictures within 72 hours to SnowNotifications@denvergov.org. Contractor is liable for all occurrences of property damage. If contractor cannot address the repair, the City will address the repair and will be reimbursed by the contractor at cost.

LIQUIDATED DAMAGES:

If the contractor fails to deliver the supplies or perform the services within the time specified in their contract, or any extension thereof, the actual damages to the City for the delay may be difficult or impossible to determine. Therefore, in lieu of actual damages, the contractor shall pay to the City as fixed, agreed and liquidated damages for each calendar day of delay, the amount of $100 per day. The City may terminate this contract in whole or in part as provided in the "Default" provision.

In that event, the contractor shall be liable for such liquidated damages accruing until such time as the City may reasonably obtain delivery or performance of similar supplies and services. The contractor shall not be charged with liquidated damages when the delay arises out of causes beyond the control and without the fault or negligence of the contractor.

SPECIAL CONSIDERATIONS:

BACKGROUND CHECKS:

mailto:SnowNotifications@denvergov.org

Contractor, at its expense, must conduct a background check for each of its employees, as well as for the employees of its subcontractors, who will provide services to the City. The term “employee” for the purpose of this requirement, includes anyone who is providing services for the City under this Contract. Background checks are to be conducted through an independent background check vendor and must include the following:

• Social Security Number Trace;

• Federal Criminal Records (includes wants, warrants, arrests, convictions, and incarcerations);

• Colorado Criminal Records (includes wants, warrants, arrests, convictions, and incarcerations);

• Criminal Records from other States if the employee disclosed, or the background check identifies, that the employee lived in another state in the last seven years (includes wants, warrants, arrests, convictions, and incarcerations); and

• National Sexual Offender Registry Search.

The background check shall include all convictions for the last seven years and may include additional convictions beyond seven years when permitted and/or required by law.

Because of the sensitive nature of the work locations proposed within this solicitation, the City shall automatically disqualify from employment under this contract persons with felony convictions. Alternatively, the City may require that a fidelity bond, or such other assurance in such amount as deemed appropriate, be provided to the City as a condition precedent to grant permission where an employee’s prior conviction would otherwise preclude their participation under the contract.

All Contractor employees are required to self-disclose to the Contractor any criminal charges and convictions and nolo contendere pleas (not contest pleas) that occur while providing services to the City within three business days of the conviction, charge, or plea. Contractor is required to inform the City of any criminal charges or convictions or nolo contendere pleas (no contest pleas) that arise while an employee is on assignment with the City. Contractor must inform the City within one business day of the Contractor having knowledge of the charge, conviction, or plea. The City will determine, in its sole discretion, whether the employee will remain on a City assignment.

The background check(s) must be conducted successfully prior to initial access and/or involvement by employees. Employees who separate from the Contractor’s employment must undergo another background check prior to renewed access and/or involvement in providing services to the City. The City also has the ability to audit the Contractor’s background check process, to ensure compliance with City standards, at any time.

In addition to the foregoing background check, certain City locations require employees to pass a Federal CJIS background check. These background checks will be administered by CBI – Colorado Bureau of Information. Vendors will need to be part of the CBI Vendor Management Program. Contractors will be provided entrance cards for each facility.

Contractors are not allowed to share cards to provide services.

The following locations require Federal CJIS background checks:

• All Police Facilities

• All DSD Facilities

• Police Academy

• Denver Animal Shelter

• Traffic Operations

• DPD Police Precincts

• Denver Human Services

All work to be completed under this on-call contract will require that each person working on- site at a Denver Police Facility, City Attorney, Denver 911, Denver DA, and all other secure facilities within the City and County of Denver that has CJIS information, including all sub- contractors, to have completed CJIS Security Awareness Training. The CJIS Security Policy written and maintained by the Federal Bureau of Investigation is the standard by which all criminal justice agencies nationwide must protect the sensitive data they possess and share with authorized entities. The policy outlines requirements such as personnel security, training, encryption, physical security, media protection, access control, construction, and more. The CBI CJIS Vendor Management Program is designed to help vendors and criminal justice agencies achieve and maintain compliance more easily by providing an easier fingerprinting/vetting process, assisting with the required training, sharing audit findings, and offering resources for questions about CJIS security.

All Denver law enforcement is now requiring that the Federal CJIS background check be completed to work at any site connected to law enforcement for the City and County of Denver.

The CJIS background check can be completed through the CBI – Vendor Management Program as a CJIS Support

Vendor.

1) Please go to the CBI Vendor Management website or https://cbi.colorado.gov/sections/cjis- security/cjis-vendor-management-program.

Please click on the CJIS Support Vendor link in the left-hand navigation pane. Click on the individual tabs to learn about the program and how to apply.

2) You will be applying to be part of the CBI Vendor Management Program. To apply for this, you will need documentation that states that you are contracted to do work with one of the safety agencies for the City and County of Denver: DPD, DSD, 911, or Department of Safety.

3) Once you have this document, you will need to submit the following:

a. An application to create a fingerprint account.

b. The vendor agreement.

c. The above referenced contractual document with one of the safety agencies for the City and County of Denver.

d. An IRS form W-9 for review. If they are approved, you will receive the code to use for fingerprinting.

https://cbi.colorado.gov/sections/cjis-security/cjis-vendor-management-program https://cbi.colorado.gov/sections/cjis-security/cjis-vendor-management-program

4) Once you have completed the fingerprinting, background check and testing, and are a minimum of CJIS Support Vendor – Security & Privacy: Basic Role, please submit the company name and listed individual names to Georgia Loya, Nancy Sterling, or NCICBackgroundandCJISRequests@denvergov.org.

5) Once this is complete, badges will be provided for the duration of the project and then must be returned.

6) This background check process is good for one year in any safety facility within Colorado as long as the individual is employed/linked with the vendor. If the individual leaves the employment of the vendor, please notify CBI and General Services Contract Office. Any subsequent arrest notification on the individual would mark the vendor as ineligible for the CBI Vendor Management Program.

7) If you have concerns or questions, please contact CBI at:

cdps.cbi.cjisvendors@state.co.us or call 303-239-4222, option 3 for biometrics.

Please note, contractors not part of the CBI Vendor Management Program will not be assigned any work at any site connected to law enforcement for the City and County of Denver. Thank you for your assistance in support this process.

PRICING UPDATES:

Pricing is firm and fixed for the initial 3-year contract term and will apply to any services or locations that are added after the contract is executed. At the request of the contractor, the costs for services may be adjusted to reflect an increase of up to 3.5% years 4 and 5 if the contract term is extended by the City. Pricing updates must be based upon documented contractor’s price increases and must be verifiable. Pricing updates shall be adjusted based upon the increase in the Consumer Price Index. Pricing update requests must be submitted to the General Services Contracts Office at GSContracts@denvergov.org no later than six (6) months prior to the contract anniversary date to review the pricing update request for approval.

INVOICING REQUIREMENTS:

Contractor must be capable of providing invoices that include the following details:

• Invoice number

• Invoice date

• Service date(s) or service period

• PO number (will be provided to contractor when assigned)

• Service location (Building name and address)

• Facility Code (list will be provided to the contractor)

• Itemized charges, including unit of measurement

• Total charge

Contractor shall also provide monthly statement billing within 30 days of service completion.

Contractor shall only bill the City monthly for the applicable months of scheduled services.

Contractor shall not bill the City for scheduled services during the period of October 15th – April 15th mailto:NCICBackgroundandCJISRequests@denvergov.org mailto:cdps.cbi.cjisvendors@state.co.us mailto:GSContracts@denvergov.org unless the scheduled services are requested by the City and provided by contractor during this period.

ADDITION OR SUBTRACTION OF FACILITIES; INCREASE OR REDUCTION OF

SERVICES:

The City reserves the right to add or to subtract facilities to be serviced by the Contractor. The requesting agency shall be required to submit a General Services Facility/Service Addition Form (Exhibit A – Attachment B). When a location is added, the Contractor will meet with the GS Operations Supervisor in order to determine a Scope of Work that is specific to that facility and to provide a quote for the new location.

No work may commence at an additional facility until the monthly fee and the scope of work has been approved, in writing, by the Executive Director of General Services, or their designee. The Executive Director of General Services, or their designee, must also approve, in writing, the cessation of service at any facility.

The Contractor will meet with the GS Operations Supervisor if an increase or reduction of service is contemplated at any facility. Any increase or reduction of level of service should be accompanied by an increase or reduction of the monthly fee. The new monthly fee and revised scope of work must be approved, in writing, by the Executive Director of General Services, or their designee.

SPECIAL PROJECTS; WORK OUTSIDE SCOPE:

On occasion, the City may request services from the Contractor that are outside the established scope of work for an individual building. When special services are requested, the Contractor will meet with the GS Operations Supervisor or a City Facility Manager in order to determine a scope of work that is specific to the special services and to provide a quote for the services. The GS Operations Supervisor or City Facility Manager shall determine if the quote provided is appropriate. If the quote is deemed appropriate, the Contractor will complete a Work Order form as outlined in section 1.E. of the agreement.

FEDERAL PROVISIONS:

Where the source of the funds, directly or indirectly for this Purchase Order is the Federal Government, the Contractor agrees to the applicable provisions set out below. The Contractor shall be responsible for determining which terms are applicable to its products and/or services.

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE Contractor agrees to comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). DAVIS-BACON ACT COMPLIANCE Contractor agrees to comply with the Davis-Bacon Act (40 U.S.C. 3148 to 3148) as supplemented by Department of Labor regulations (29 CFR part 5). ANTI-KICKBACK ACT COMPLIANCE Contractor agrees to comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). CONTRACT WORK HOURS AND SAFETY STANDARDS Contractor agrees to comply with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5) RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT Contractor agrees to comply with 37 CFR part 401, "Rights to

Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. CLEAN AIR AND WATER REQUIREMENTS Contractor agrees to comply with all applicable standards, orders, or requirements issued under the Clean Air Act (42 U.S.C.

7401 et. seq.), and the Clean Water Act (33 U.S.C. 1251 et. seq.). Contractor agrees to report each violation of these requirements to the City and understands and agrees that the City will, in turn, report each violation as required to the appropriate EPA regional office. ENERGY CONSERVATION REQUIREMENTS 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. (42 U.S.C.

6201) NO SUSPENSION OR DEBARMENT Contractor certifies that neither it nor its principals or any of its subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Agreement by any Federal department or agency. BYRD ANTI-LOBBYING. If the Maximum Contract Amount exceeds $100,000, the Contractor must complete and submit to the City a required certification form provided by the City certifying 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 in connection with obtaining any Federal contract grant of any other award covered by 31 U.S.C. 1352. Contractor must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award.

ENVIRONMENTAL MANAGEMENT SYSTEM, ENVIRONMENTAL POLICY,

AWARENESS, AND COMPLIANCE:

Some City operations can pose risks to human health and the environment. Proactive environmental management can reduce risk and prevent harm.

The Denver Environmental Performance Program (DEPP) is the City’s ISO 14001 Environmental Management System (EMS). The DEPP ensures that all aspects of City operations with the potential to cause significant environmental impacts are proactively managed. Through this program, the City has adopted environmental procedures to ensure compliance with environmental requirements, protect workers and the public, conserve energy and resources, and prevent pollution.

The DEPP reinforces the City’s position that each person providing products or services to the City, the City’s business partners, is responsible for conducting activities in a manner consistent with the City’s environmental policy. The DEPP also requires business partners ensure the competency of their staff with respect to their environmental impacts and duties.

All City business partners are required by statute, regulation, and contract to comply with all federal, state, and local environmental regulations and requirements when working for the City. The DEPP requires all City business partners to be aware of the City’s Environmental Policy, be aware of the impacts their actions may have on the environment and implement practices to manage their actions in a manner that complies with environmental requirements and the City’s environmental performance goals. The Environmental Policy of the City & County of Denver, may be found at:

https://www.denvergov.org/files/assets/public/public-health-and-environment/documents/eq/2017-denver-environmental-policy.pdf

The Contractor shall perform work under this contract consistent with the policy and objectives identified in the agency or facility documents applicable for your contract. The Contractor shall perform work in a manner that conforms to all appropriate environmental management programs and operational controls identified by the agency; and provide monitoring and measurement https://www.denvergov.org/files/assets/public/public-health-and-environment/documents/eq/2017-denver-environmental-policy.pdf https://www.denvergov.org/files/assets/public/public-health-and-environment/documents/eq/2017-denver-environmental-policy.pdf information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by their project manager. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the Denver Environmental Performance Program and how these requirements affect their work performed under this contract. All on-site contractor personnel shall complete environmental training specified to the type of work conducted.

Appendix A

Favored Products and Services (not all-inclusive)

• Green Seal approved products and services (GS-42)

• International Sanitary Supply Association (ISSA) Cleaning Industry Management Standard for Green Buildings (CIMS-GB)

• Custodial services that meet the LEED v4 Green cleaning – custodial effectiveness assessment standards

• EPA’s “Safer Choice” labeled products

• Energy Star certified equipment

• Cradle to Cradle (C2C) v2 and v3 certified products

• Products that meet the GreenScreen v1.2 Benchmark

• Zero-mercury containing lamps, or lamps containing 70 picograms of mercury per lumen-hour or less

• EPEAT Registry for Greener Electronics

• Conformance to Green Seal: GS-11 (paints & coatings), GS-36 (commercial adhesives), and

GS-37 (cleaning products)

• Conformance with California Code of Regulations for maximum allowable VOC content

• Conformance with emission limits in SCAQMD Rule #1168 (adhesive and sealant applications), or BAAQMD Regulation 8, Rule 51 (adhesive and sealant products)

• Conformance with Carpet and Rug Institute Green Label Plus program (improved indoor air quality)

• Products dispensed through automatic metering and mixing equipment (after other supply is exhausted)

• Products with recycled material and post-consumer waste content, including 30% recycled-content paper

• Products that can be recycled (with preferable local recycling options available)

• Durable products and reusable products and applicators

• Neutral pH products (pH > 2.0 and <12.5)

• Non-flammable products (flash point >140F)

• Fragrance-free and dye-free products

• Wood Products that are certified by the Forest Stewardship Council

• Composite Wood Products that use NAF or ULEF based resins

• Bio-based materials (ASTM Test Method D6866)

• Purchase items that can be used in a reasonable amount of time, within the products expiration date

• Products with minimal or no packaging

• Service providers who support empty packaging, container and drum takeback

• Other characteristics that minimize:

o Waste o Energy Use o Release of Toxic Compounds o Worker/public Exposure to Contaminants

Upon request, the vendor must submit documentation proving that all procured products and services meet these prohibitions or a rationale when substitution is not available (such as in a laboratory).

Prohibited Products and Services

• All products containing chlorinated or halogenated hydrocarbons i.e. chlorinated solvents (typically paint strippers, brake cleaners, degreasers, and some lubricants)

• Per- and polyfluoroalkyl substances, or PFAS

• Products that will be a regulated hazardous waste (per State Hazardous Waste Regulations) upon disposal when there is a viable alternative

• Products containing asbestos

• Products containing Category 1 carcinogens, known mutagens, and known teratogens

• Products containing “Crystalline Silica,” a respirable powder, are allowed if it does not present a reasonable potential for a negative environmental impact, or generation of a toxic or hazardous waste. Crystalline Silica Respirable Dust is a recognized significant workplace health hazard as described here https://www.osha.gov/dsg/topics/silicacrystalline/.

• Products which have a high risk of causing spontaneous combustion

• Strong chemical oxidizers and peroxide forming chemicals

• Products containing the chemical elements or compounds listed in Table 1

• Products containing chemical compounds deemed by DDPHE to present an undue of risk to human health or the environment in their use or disposal. Consult with DDPHE for review as appropriate.

• Inkjet printers, printers that lack network capabilities, printers that lack duplex printing capabilities, and printers that cannot print on paper with recycled content

Table 1: Prohibited Chemicals and Compounds (excluding legitimate laboratory uses and alloys)

Chemical Name CAS Number

1 Arsenic, Arsenic containing compounds 7440-38-2, various

2 Barium, compounds of various

3 Cadmium, compounds of various

4 Carbon tetrachloride 56-23-5

5 Chlorobenzene 108-90-7

6 Chloroform 67-66-3

7 Chromium, compounds of various

8 1,2-Dichlorobenzene 95-50-1

9 1,4-Dichlorobenzene 106-46-7

10 1,2-Dichloroethane 107-06-2

11 1,1-Dichloroethylene 75-35-4 https://www.osha.gov/dsg/topics/silicacrystalline/

12 Hexachlorobenzene 118-74-11

13 Hexachlorobutadiene 87-68-3

14 Hexachloroethane 67-72-1

15 Hydrofluoric Acid 7664-39-3

16 Lead, compounds of various

17 Mercury, elemental 7439-97-6

18 Mercury, compounds of various

19 Methylene chloride 75-09-2

20 Nitrobenzene 98-95-3

21 Pentachlorophenol 87-86-5

22 Selenium, compounds of various

23 Silver, compounds of various

24 Tetrachloroethylene 127-18-4

25 1,1,1-Trichloroethane 71-55-6

26 1,1,2-Trichloroethane 79-00-5

27 Trichloroethylene 79-01-6

28 2,4,5-Trichlorophenol 95-95-4

29 2,4,6-Trichlorophenol 88-06-2

30 Vinyl chloride 75-01-4

Many of the chemical names in the above table have synonyms or other common names. These will share the same CAS number which should be the default screening mechanism to ensure prohibited chemicals are not purchased. DDPHE is available for consult and assistance with screening should the buying agency have questions during a purchase of chemicals.