JTS-IFB-2018-1.pdf

City of Janesville, Janesville Transit System

Lawn Care and Grounds Maintenance IFB

JTS-IFB-2018-1

February 13, 2018

101 Black Bridge Road

Janesville, Wisconsin 53545 www.ci.janesville.wi.us/JTS http://www.ci.janesville.wi.us/JTS

Table of Contents I. Introduction

II. General Proposal Conditions II.E. Timeline II.F. Bid Submission II.G. Clarification and Amendment Process II.H. Terms of Contract II.I. Incurring Costs and Right to Cancel II.J. Bid Rejection and Withdrawal II.K. Bid Acceptance II.L. Single Bid Response

III. Protest Procedures III.F. Timing Requirements and Categories of Protests III.G. Protest Review III.H. Effects of Protest on Procurement Action III.I. Ability to Proceed III.J Summary Dismissal III.K Protest Decision III.L Appeals

IV. General Conditions IV.A. Performance Requirements IV.B . Hold Harmless IV.C. Subcontracting IV.D. Licensing, Permits, and Taxes IV.E. Insurance IV.F. Claims IV.G. Waiver of Terms and Conditions IV.H. Interpretation, Jurisdiction, and Venue IV.I. Compliance with Laws and Permits IV.J. Replacement Services IV.K. Lack of Funds

V. Scope of Services V.1. Scope V.B. Required Tasks

VI. Federal Assurances & Certifications VI.A. No Government Obligation to Third Parties VI.B. Program Fraud and False or Fraudulent Statements and Related Acts VI.C Access to Records and Reports VI.D. Federal Changes VI.E. Civil Rights Requirements VI.F. Disadvantaged Business Enterprise (DBE)

VI.G. Incorporation of Federal Transit Administration (FTA) Terms VI.H. Termination VI.I. Government-Wide Debarment and Suspension VI.J. Energy Conservation Requirements

Appendix A: Certification Forms to be Submitted with Bid Appendix B: Bid Price Form to be Submitted with Bid

I. Introduction I.A. The City of Janesville ( “CoJ”) is issuing this Invitation for Bid ( “IFB”) to select a firm to provide lawn care and grounds maintenance services for the CoJ and the Janesville Transit System (“JTS”) Transit Services Center (“TSC”).

I.B. The JTS is a public transit system owned and operated by the CoJ as a division of the CoJ’s local, municipal government. The JTS provides fixed-route bus service throughout the corporate boundaries of the CoJ with a connecting route to Beloit. The JTS is operated out of the TSC located at 101 Black Bridge Road in Janesville, WI 53545. The successful bidder shall provide lawn care and grounds maintenance services for the TSC.

II. General Proposal Conditions II.A. Notwithstanding any other provision set forth in this IFB, all bidders are hereby specifically advised that this IFB is a solicitation only. Bids must set forth full, accurate, and complete information as required by the IFB.

II.B. Responses to this IFB shall be made according to the specifications and instructions contained herein. Failure to adhere to these instructions may be cause for rejection of any bid.

II.C. Bidders shall understand and agree that submission of a bid will constitute acknowledgment and acceptance of, and a willingness to comply with, all the terms, conditions, and criteria contained within this IFB. This IFB, as well as any and all parts of the submitted bid, may become part of any subsequent contract between the successful bidder and the CoJ.

II.D. False, incomplete, or unresponsive statements in connection with a bid may be sufficient cause for rejection of the bid. The evaluation and determination of the fulfillment of the above requirements vests solely with the CoJ whose judgment shall be deemed final.

II.E. Bidders understand that any bid documentation submitted to the CoJ shall become the property of the CoJ and shall become subject to the CoJ’s and Wisconsin’s Public Records laws and policies.

II.F. Timeline II.F.1. IFB Issuance – Tuesday, February 13, 2018 II.F.2. Question Submittal Deadline – Friday, February 23, 2018 - On this date, any and all questions, requests for an interpretation or clarification of, or addenda to this IFB must be submitted in writing.

II.F.3. Addenda Posted – Wednesday, February 28, 2018 - On this date, the CoJ will post responses to pertinent requests for interpretation or clarification of, or addenda to this IFB.

II.F.4. Bid Submittal Period Begins – Wednesday, February 28, 2018 - On this date, the CoJ will begin accepting bids. Any bid submitted prior to this date shall not be considered by the CoJ.

II.F.5. Bid Submittal Deadline – Friday, March 9, 2018 at 12PM Noon - Prior to this time & date, all bids must be submitted. Any bid submitted after this deadline shall be considered late and shall be rejected.

II.F.6. Bid Opening – Friday, March 9, 2018 at 12:01PM - The bid opening shall take place in the public lobby at the TSC located at 101 Black Bridge Road, Janesville, WI 53545.

II.F.7. Execute Contract – week of March 26, 2018 II.F.8. Start of Contract - April 1, 2018

II.G. Bid Submission II.G.1. Each bid shall be in a clearly marked, sealed envelope. The exterior of the envelope shall include the bidding firm’s name, complete address, and the title of this IFB (JTS-IFB-2018-1).

Bids shall be delivered to:

Janesville Transit System Attention: Rebecca Smith 101 Black Bridge Road Janesville, WI 53545

II.G.2. Bids in response to this IFB shall be considered received when the physical bid has been actually received by the addressee or designated agent.

II.G.3. All proposals must be received by the CoJ JTS at the TSC office listed above no later than Friday, March 9, 2018 at 12PM Noon. Bids and proposals received after the specified date and time shall be considered late and will not be considered for evaluation or award.

II.G.4. Each bid submitted shall include all pertinent information, documents, and forms (appendix A and appendix B).

II.G.5. Each bid shall include the bidding firm’s name, physical address, printed name, and title of authorized agent(s) submitting the bid, email address, phone number, and signature of authorized agent(s).

II.G.6. Each bid should include the address to which payment should be mailed, if that address differs from the bidder’s physical address.

II.H. Clarification and Amendment Process II.H.1. A bidder may submit to the CoJ a written request for an interpretation or clarification of, or addenda to, this IFB. Such requests shall be sent via email to Rebecca Smith at smithr@ci.janesville.wi.us.

II.H.2. The CoJ will review and prepare a written response to each request made by a bidder pursuant to this section. Responses may be shared with other bidders if addenda are necessary. The CoJ’s written determination will be posted on the CoJ website. An email notification will be sent to all bidders when the responses have been posted.

mailto:smithr@ci.janesville.wi.us

II.H.3. The CoJ reserves the right to make modifications or addenda to this IFB. If the CoJ determines it is appropriate to revise any portion of this IFB, either at the request of a bidder or upon the CoJ's own initiative, the CoJ will issue, and make available to all prospective bidders, a written addendum setting forth this revision. Bidders shall acknowledge receipt of addenda by written notice thereof returned to the CoJ as a component of the Bid. The addenda acknowledgement form can be found in appendix A. Without the acknowledgement of addenda A or B, bids will not be considered. Where addenda require changes in the service to be performed, the date set for receipt of bids may be postponed by such number of days as the CoJ determines appropriate in order to enable prospective bidders to revise bids.

II.H.4. The CoJ is not bound by any oral interpretations, clarifications, or changes made to this IFB by any city employee. Any clarification or change to the IFB must be provided in writing, pursuant to this section.

II.I. Terms of Contract II.I.1. The term of the contract shall be for a three (3) year period commencing on

April 1, 2018 and expiring on March 31, 2021 II.I.2. The CoJ shall have the option to extend the contract for two (2) additional one (1) year periods commencing on the day after the initial term expires or the day after the preceding one year option expires.

II.I.3. The contract shall automatically extend into each one (1) year option unless the CoJ notifies the successful bidder, in writing, thirty (30) calendar days prior to the expiration of the initial and/or succeeding contract option period.

II.J. Incurring Costs and Right to Cancel II.J.1. The CoJ shall not be responsible for any expenses incurred by any vendor in the development of a response to this IFB, including, but not limited, to any supplemental information provided, submitted, or given to the CoJ and/or any of its representatives.

II.J.2. The CoJ reserves the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement.

II.K. Bid Rejection and Withdrawal II.K.1. The CoJ reserves the right within its sole discretion and with or without cause to accept or reject any and all bids submitted in response to the IFB, or refuse to enter into any contract resulting from any bid submitted, without expense to the CoJ.

II.K.2. The bidder, or an authorized representative, may, prior to the date and time set as the deadline for receipt of proposals, modify or withdraw a bid in person or by written, telegraphic, or electronic notice.

II.K.3. After the bid receipt deadline, bids may not be withdrawn without written approval of or from the CoJ.

II.L. Bid Acceptance II.L.1. Each bid shall be submitted with the understanding that the CoJ intends to enter into a service agreement with the lowest cost responsive and responsible bidder.

II.L.2. The CoJ intends to evaluate each bid based upon the certified copies of proof of insurance (as identified in subsection IV.E), completed certification forms (appendix A, and the information received in the bid price form (appendix B).

II.L.3. The CoJ will use a predetermined formula based upon the annual anticipated usage of each line item in the bid price form to calculate the lowest bid.

II.L.4. The bid price form must include all pricing elements.

II.L.5. Upon acceptance of the bid, the CoJ and the successful bidder shall promptly execute the final contract documents. The written contract shall bind the successful bidder to perform the lawn and grounds maintenance service at the price stated in the bid and in accordance with all other terms and conditions stated in this IFB.

II.L.6. Any contract resulting from this solicitation shall contain the terms and conditions included in this IFB, any addenda to this IFB, and the successful bid.

II.M. Single Bid Response II.M.1. If only one bid is received in response to this IFB, the CoJ may request information from the bidder to enable the CoJ to perform a cost/price analysis, evaluation, and/or audit in order to determine if the bid price is fair and reasonable. This may include, but not is limited to, labor rates, costs of services, and a reasonable profit.

III. Protest Procedures III.A. A protest which is submitted by a party which is not an interested party or which is not in accordance with the procedures outlined in this section will not be considered by the CoJ and will be returned to the submitting party without any further action by the CoJ.

III.B. Protests of an interested party regarding the procurement actions of the CoJ must be considered and determined in accordance with the following procedures.

III.C. Any interested party may file a protest with the CoJ upon one or more of the following grounds:

a) The CoJ has failed to comply with applicable Federal or State law;

b) The CoJ has failed to comply with its procurement procedures;

c) The CoJ has failed to comply with the terms of this solicitation.

d) The CoJ has issued improperly restrictive or discriminatory specifications.

III.D. A protest must be submitted in writing by certified mail or other delivery method by which receipt can be verified. Electronic submission of protests will not be accepted.

Protests must include all of the following elements:

III.D.1. The name and address of the protesting party, and its relationship to the procurement sufficient to establish that the protest is being filed by an interested party;

III.D.2. Identity of the contact person for the protestor, including name, title, address, telephone number, fax number, and email addresses. If the contact point is a third party representing the protester, the same information must be provided, plus a statement defining the relationship between the protester and the third party;

III.D.3. Identification of the procurement;

III.D.4. A description of the nature of the protest, referencing the portion(s) of the solicitation involved;

III.D.5. Identification of the provision(s) of any law, regulation, or other governance upon which the protest is based;

III.D.6. A compete discussion of the basis for the protest, including all supporting facts, documents, and data.;

III.D.7. A statement of the specific relief requested; and III.D.8. Any relevant supporting documentation the protesting party desires the CoJ to consider in making its decision.

III.D.9. All protests must be received between the hours of 8:00 AM and 4:30 PM, Monday through Friday. Protests shall be submitted to:

City of Janesville City Hall 1st Floor

Director of Neighborhood and Community Services 18 N. Jackson Street, Janesville, WI 53546 (street) PO Box 5005, Janesville WI 53547-5005 (mailing)

III.E. The protestor is solely responsible for the completeness and validity of the information provided. Any documents relevant to the protest should be attached to the written submission. Documents which are readily available on the internet may be referenced by an appropriate link. If the protest is incomplete or the protestor omits required information, the CoJ shall not consider the protest.

III.F. Timing Requirements and Categories of Protests III.F.1. The CoJ shall consider the following categories of protests within the time period set forth in each category:

III.F.2. Protests regarding solicitation process:

Any protest alleging improprieties in the solicitation process or in solicitation documents must be filed no later than ten (10) days after the publication of the IFB in order to be considered by the CoJ. Any protest based on such grounds filed after that date shall not be considered by the CoJ.

III.F.3. Protests regarding bid evaluation or contract award:

Any protest regarding the evaluation of bids by the CoJ, or improprieties involving the approval or award or proposed approval or award of the contract, must be filed with the CoJ no later than ten (10) days after the grounds for protest should have reasonably been known to the protestor, but in no event later than five (5) days after the contract has been awarded by the CoJ. Any protest filed after such date which raises issues regarding the bid evaluation or the contract approval or award will not be considered by the CoJ.

III.G. Protest Review III.G.1. The CoJ shall notify the protestor of timely receipt of a protest whether the protest is being considered.

III.G.2. Upon receipt of the protest the protest reviewer shall notify all parties involved in the procurement.

III.G.3. In the notification, the CoJ will inform the protestor of any additional information required for evaluation of the protest and set a time deadline for submittal of such information. If the CoJ requests additional information and it is not submitted by the stated deadline, the CoJ may either review the protest on the information before it, or decline to take further action on the protest.

III.G.4. At its discretion, the CoJ may permit any party involved in the protest to submit information to the CoJ regarding the merits of the protest. The CoJ shall set a time deadline for the submittal of such comments, which shall be no less than five (5) days after notification of the protest.

III.G.5. The CoJ may, in its sole discretion, hold an informal conference to review the merits of the issues raised by the protest. All interested parties will be invited to participate in the conference. Any information provided at the conference shall only be considered by the CoJ in deciding the protest if it is submitted to the CoJ in writing within three (3) days after the conference.

III.H. Effects of Protest on Procurement Action III.H.1. Protests regarding solicitation documents or process:

Upon receipt of a timely protest regarding the solicitation process or the solicitation documents, the CoJ may postpone the opening of the proposals until resolution of the protest. The filing of the protest will not, however, change the date on which proposals are due, unless the CoJ determines, and so notifies all proposers that such a date change is necessary and appropriate to carry out the goals of the procurement.

III.H.2. Protests regarding proposal evaluation or contract award:

Upon receipt of a timely protest regarding evaluation of proposals or the award of the contract, the CoJ may suspend contract approval or other pending action, or issue a stop work order if appropriate, until the resolution of the protest. In this event, the successful proposer may not recover costs resulting from any delay through a change order or through any other means, manner, or basis.

III.I. Ability to proceed III.I.1. Notwithstanding the pendency of a protest, the CoJ reserves the right to proceed with the appropriate step or action in the procurement process or in the implementation of the contract in the following cases:

a) Where the service to be procured is urgently required;

b) Where the CoJ determines, in writing, the protest is vexatious or frivolous;

c) Where delivery or performance will be unduly delayed or other undue harm to the CoJ will occur by failure to make the award promptly; or

d) Where the CoJ determines that proceeding with the procurement is otherwise in the best interest of the public.

III.J. Summary Dismissal III.J.1. The CoJ also reserves the right to summarily dismiss all or any portion of a protest that raises legal or factual arguments or allegations that have been considered and adjudicated by the CoJ in a previous protest in the same solicitation or procurement action.

III.K. Protest Decision III.K.1. After review of a protest is submitted, including information provided by the protestor and other parties, the results of any conferences with the protestor and the CoJ’s own investigation and analysis, the protest reviewer shall issue a written decision on the protest.

III.K.2. Within ten (10) working days of receipt of protest the protest reviewer will render and publish a decision or extend the response period if additional time is required to gather and evaluate information necessary for the decision or for other good cause.

III.K.3. If the protest is upheld, the CoJ will take appropriate action to correct the procurement process and protect the rights of the protestor, including re-solicitation of proposals, revised evaluation of proposals, the CoJ’s determinations, or termination of the Contract.

III.K.4. If the protest is denied, the CoJ will lift any suspension imposed and proceed with the appropriate stage of the procurement process or the contract.

III.L. Appeals III.L.1. A protestor adversely affected by the decision of the CoJ may submit a protest to the FTA for review in accordance with FTA Circular 4220.1F, paragraph 7.l. As stated in that Circular, FTA will only review protests regarding the alleged failure of the CoJ to have written protest procedures, alleged failure to follow such procedures, or alleged failure to review a complaint or protest.

III.L.2. The CoJ may proceed with the procurement in spite of a pending protest at the FTA if any of the following conditions are met:

a) The service or item to be procured is urgently required.

b) The delivery or performance will be unduly delayed by failure to make the award promptly.

c) The failure to make prompt award will otherwise cause undue harm to the CoJ or the Federal Government.

IV. General Conditions IV.A. Performance Requirement

IV.A.1. The successful bidder shall, at all times during the term of the contract, perform all work diligently, carefully, and in a professional manner; and shall furnish all labor, supervision, materials, and supplies necessary.

Notwithstanding the provision of drawings, technical specifications, or other data by the CoJ, the successful bidder shall have the responsibility of supplying all items and details required to perform the services specified in this IFB.

IV.A.2. The successful bidder shall conduct all work in the successful bidder's own name and not in the name of, or as an agent for, the COJ.

IV.B. Hold Harmless IV.B.1. The successful bidder and the CoJ shall indemnify, defend and hold each other harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorney’s fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or agents. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any and all claims based on facts or conditions that occurred prior to expiration or termination.

IV.C. Subcontracting IV.C.1. The successful bidder will not enter into any subcontract except with the prior review and written approval of the CoJ.

IV.C.2. In any case in which the successful bidder desires to subcontract, it shall provide the CoJ with all proposed subcontracting agreements and documents, including scope of work and terms of compensation.

IV.C.3. The successful bidder shall be fully responsible for all work performed by any subcontractor.

IV.C.4. Any approval of a subcontract shall not be construed as making the CoJ a party to such subcontract, giving the subcontractor privity of contract with the CoJ, or subjecting the CoJ to liability of any kind to any subcontractor.

IV.C.5. All subcontracts will incorporate in full all appropriate conditions and terms as set forth herein.

IV.C.6. By entering into a subcontract the successful bidder shall not, under any circumstances, relieve the successful bidder of its liability and obligations under the contract and all transactions with the CoJ must be through the successful bidder.

IV.D. Licensing, Permits, and Taxes IV.D.1. The successful bidder must be in compliance with all applicable federal, state, and local codes, regulations, and licensing requirements as well as all applicable state motor vehicle codes and licensing requirements.

IV.D.2. The cost for any required licenses or permits shall be the responsibility of the successful bidder. The successful bidder is liable for any and all taxes due as a result of the contract.

IV.E. Insurance IV.E.1. The successful bidder shall carry and pay premiums for insurance of the types and with the limits of liability not less than stated below. The successful bidder shall take out and maintain during the term of this proposal such general liability, vehicle liability, and property damage insurance as shall protect the CoJ and the JTS from all claims for liability, damages, personal injury, including accidental death, as well as from claims for property damages which may arise from operations under this proposal whether such operations be by the successful bidder or by another directly or indirectly employed by either of them. Such insurance shall be maintained in effect during the term of the contract and shall cover all events occurring during the term of the contract (commonly known as tail coverage). It is hereby agreed and understood that the insurance required by the CoJ is primary coverage and that any insurance or self-insurance maintained by the CoJ, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. The minimum amount of insurance shall be as follows:

IV.E.1.a. Workers' Compensation Insurance covering all of successful bidder's employees engaged in work under the contract as required under the Workers' Compensation Act of the State of Wisconsin and/or any applicable law or laws of any other state or states. Employer's Liability Insurance with limits of liability of not less than $100,000 per accident, $100,000 per employee for disease, and $500,000 policy total for disease.

IV.E.1.b. General Liability Insurance including the coverage for the successful bidder's premises used for storage and maintenance of vehicles used in performance of the contract with limits of liability of not less than $1,000,000 each occurrence combined single limit and $2,000,000 general policy aggregate if applicable. Such liability insurance shall also include coverage for Personal Injury Liability. Claim made form of coverage is not acceptable.

IV.E.1.c. Automobile Liability Insurance covering “any auto” used in connection with the work performed under the contract with limits of not less than $5,000,000 each occurrence combined single limit for bodily injury and property damage.

IV.E.2. All such policies as required above shall be endorsed to provide a sixty (60) day written notice of cancellation, renewal, or material change to the CoJ.

IV.E.3. The limits of liability as required under this section may be provided by a single policy of insurance or a combination of policies including the so-called umbrella liability policy. Self-insurance or the use of deductibles or self-insured retentions shall not be considered as complying with these requirements unless approved in writing by the CoJ.

IV.E.4. The types of insurance and limits of liability stated in this section are the minimum acceptable to the CoJ and shall in no way be construed as a limitation of the successful bidder's liabilities and obligations arising out of the performance of the contract.

IV.E.5. The successful bidder shall require any and all subcontractors performing work under the contract to carry insurance to the types and with limits of liability as the successful bidder shall deem appropriate and adequate.

IV.E.6. The successful bidder shall obtain and make available for inspection by the CoJ upon request certificates of Insurance evidencing insurance coverage carried by such subcontractors.

IV.E.7. Proof that such insurance coverage exists as required above shall be furnished to the CoJ in the form of certified proof of insurance and submitted with bid documents. Renewal or replacement proofs of insurance shall be furnished fifteen (15) days prior to the expiration date or termination date of any policy in compliance with the requirements of the contract.

IV.E.8. If the successful bidder fails to provide proof of required insurance during the term of the contract, the CoJ reserves the right, but not the obligation, to purchase other insurance to protect the CoJ’s interests and to withhold from the successful bidder's payments the cost of such insurance.

IV.F. Claims IV.F.1. If a claim is made against the successful bidder as a result of any service performed under this contract, the successful bidder must verbally notify the CoJ with a complete and accurate description of the claim within twenty-four (24) hours of the submission of the claim to the successful bidder. A written description of the claim must be submitted within forty-eight (48) hours of the submission of the claim to the successful bidder.

IV.F.2. The CoJ will notify the successful bidder of any claims reported directly to the CoJ within seventy-two (72) hours of receipt of the claim.

IV.G. Waiver of Terms and Conditions

IV.G.1. The failure of the CoJ or the successful bidder to enforce one or more of the terms or conditions of the contract or to exercise any of its rights or privileges, or the waiver by the CoJ of any breach of such terms or conditions, shall not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same shall continue and remain in force and effect as if no waiver had occurred.

IV.H. Interpretation, Jurisdiction, and Venue IV.H.1. All contractual agreements shall be subject to, governed by, construed, and interpreted solely according to the laws of the State of Wisconsin. The successful bidder hereby consents and submits to the jurisdiction of the appropriate courts of Wisconsin or of the United States having jurisdiction in Wisconsin for adjudication of any suit or cause of action arising under or in connection with the contract documents, or the performance of such contract, and agrees that any such suit or cause of action may be brought solely in a court of competent jurisdiction of Rock County, Wisconsin.

IV.I. Compliance with Laws and Permits IV.I.1. The successful bidder shall give all notices and comply with all existing and future Federal, State, and Local laws, ordinances, rules, regulations, and orders of any public authority bearing on the performance of the contract, including, but not limited to, the laws referred to in the provisions of the contract and in the other contract documents. If the contract documents are at variance therewith in any respect, any necessary changes shall be incorporated by appropriate modification. Upon request, The successful bidder shall furnish to the CoJ certificates of compliance with all such laws, orders, and regulations.

IV.J. Replacement Services IV.J.1. In the event the successful bidder is unable, due to a strike, work stoppage, or other event not caused by the CoJ and not covered in this IFB, to provide services in full compliance with the requirements of the contract, then the CoJ may, in lieu of finding the successful bidder in default, obtain the services of a replacement service provider with its own resources (collectively referred to as "Replacement Services").

IV.J.2. The CoJ may utilize such replacement services as a substitute for all or any part of the successful bidder's services, and may maintain such Replacement Services in effect until the successful bidder is able to resume performance in full compliance with the contract.

IV.J.3. Prior to implementing Replacement Service, the CoJ shall notify the successful bidder in writing and provide the successful bidder three (3) days in which to cure its noncompliance.

IV.J.4. If the CoJ utilizes replacement services under this Section, the successful bidder shall be liable to the CoJ for the actual, reasonable amount by which the cost of such services exceeds the amount that would have been payable under the contract for comparable services, including any expenses incurred by the CoJ in soliciting and obtaining those services.

IV.J.5. Any action taken by the CoJ pursuant to this section in response to the successful bidder's failure to perform shall not preclude the CoJ from subsequently finding the successful bidder in default of the contract.

IV.K. Lack of Funds IV.K.1. The entering into of the contract by the CoJ is subject to its receipt of

Federal, State, and Local funds adequate to carry out the provisions of the contract in full.

IV.K.2. The CoJ may cancel or reduce the amount of service to be rendered if the CoJ determines that such action is in its best interests, or that there will be a lack of funding available for the service.

IV.K.3. In the event the CoJ cancels or reduces the service it will notify the successful bidder in writing thirty (30) days prior to the date cancellation or reduction is to be effective.

V. Scope of Services V.A. Scope

V.A.1. It is the intent of this specification to describe the minimum requirements for lawn and grounds maintenance services as required by the CoJ. All items, features or services not specifically mentioned which are necessary or normally provided, shall be performed by the successful bidder at the bid price and shall conform in quality of materials and workmanship to not less than that usually provided by the standard practices indicated in this specification.

V.A.2. The contract shall require the successful bidder to perform all lawn and grounds maintenance services as detailed in this IFB and as an independent contractor. The successful bidder shall supply all supervision, labor, tools, vehicles, equipment, materials, and supplies necessary for the performance of the work under the contract.

V.A.3. All quantities listed are considered estimates and are subject to change throughout the term of the contract.

V.A.4. All work is to be performed between April 1 and November 15 of each applicable year of the contract and all lawful extensions and renewals thereof.

V.A.5. All work shall be performed only during the hours of 8:00 am to 4:30 pm, Monday through Friday, except holidays. Lawn care and grounds maintenance may be performed on Saturdays, if authorized by JTS prior to the contractor performing work.

V.A.6. The JTS reserves the right, from time to time, to increase or decrease the frequency of services, as needed.

V.A.7. The JTS reserves the right, from time to time, to suspend services and notify the successful bidder not to mow/service the property for reasons such as, but not limited to, budget matters, drought, or extreme rainfall.

V.A.8. Any service performed outside of the required tasks must be approved by the JTS prior to the service being performed.

V.A.9. The successful bidder shall not perform services more than once a week, unless authorized by the JTS.

V.A.10. The successful bidder shall track and keep detailed service records for all work performed under this contract to support work performed and any potential claims. A log sheet shall be kept by the contractor that identify employees arrival and departure times and work performed.

V.A.11. It shall be the responsibility of the successful bidder to identify and make recommendations for improvements to the aesthetics of the grounds and problem areas. All recommendations need to be approved prior to start of work and will be confirmed by the JTS. All comments and/or recommendations shall be conveyed via e-mail.

V.A.12. The successful bidder shall provide the JTS with Safety Data Sheets (“SDS”) for all chemicals and fertilizers prior to use on the JTS Property.

V.B. Required tasks

The successful bidder shall perform the following tasks:

V.B.1. Spring and Autumn Clean-up:

• Remove all leaves, debris, and trash found on the property. This shall include all grass areas; near and under bushes, shrubs, trees, and mulch areas; all concrete/asphalt areas, including the parking lot and the sidewalk along Black Bridge Road; along the fenced area; along all curbs on Highway 51 and Black Bridge Road; and the shelter area on Black Bridge Road.

• The spring clean-up shall commence on the first weekday in April, unless there is snow on the ground, in which case the spring clean-up shall commence after the snow has completely melted.

• At the first sign of frost all ornamental grass shall be cut back to the ground.

• The Autumn Clean-up shall commence on, or the weekday nearest, November 15.

V.B.2. Mowing and string trimming of grass:

• Mowing and trimming will begin on a date determined by the JTS each year and will mow and trim grass weekly through the second week on November, unless otherwise directed by the JTS.

• Each season, the JTS will contact the successful bidder one week prior to the desired mowing and trimming start date.

• All grass areas will be mowed in a linear manner to a uniform leaf height of three inches (3”).

• The successful bidder shall use best practices regarding debris/trash pick-up during mowing operations.

• Mowing guards shall remain down at all times during operation regardless of grass height. This is a safety issue and failure to abide by this may result in termination of the contract.

• Immediately upon the completion of mowing and trimming the successful bidder shall remove all grass clippings. There shall be no grass clipping left on the grass, shrub and flower beds, or any concrete or asphalt areas. The successful bidder must remove clippings immediately and shall not wait until the end of the day to remove clippings.

V.B.3. Power Lawn Edging:

• Edging is defined as removing overgrown lawn by a mechanical means and/or device and should not be confused with trimming.

• Chemical edging will not be allowed on the JTS property. All flower/landscape beds, sidewalks, curbs, and all other paved areas shall be edged twice during the mowing season. The first edging shall be completed upon first service and the second edging shall be completed by the first week in September.

V.B.4. Remove and legally dispose of trash, debris, and rubbish found on property:

• Any debris, trash or rubbish on property shall always be immediately removed whenever found. This shall be completed each time the successful bidder is performing services on property.

V.B.5. Lawn Fertilizer Program:

• The lawn shall be treated in early spring, (April) with crabgrass control and fertilizer.

• The lawn shall be treated in late May and again during September with a liquid weed killer to control growth of any post emergent weeds.

• The lawn shall be treated once in summer, (late June/early July) with a weed & feed fertilizer.

• The lawn shall be treated in the fall, (early October) with a winterizing fertilizer.

V.B.6. Weed control:

• The successful bidder shall remove weeds and grass from foundations, adjacent to pavement and curbs, and cracks in pavement. Application shall not exceed three inches (3”) from the foundation walls or curbs.

• Shrub and flower bed areas shall be treated every four to six (4-6) weeks with a vegetation killer, approved by the JTS, to control weeds.

V.B.7. Pruning and trimming of bushes, shrubs, and trees:

• All shrubs, bushes and trees shall be trimmed to contain the size in order to maintain the natural form of the plant.

• All shrubs and trees shall be pruned to remove dead or damaged branches, remove basal shoots, (aka suckers) growing at or near the base of any trees.

• Any vines or vegetation growing on the building or fence lines will be removed.

• All pruning and trimming must be approved in advanced by the Maintenance Supervisor.

V.B.8. Re-mulch landscape:

• All mulch shall be replaced in April of every even year (2018, 2020, etc.).

V.B.9. Site Clean-Up:

• The successful bidder shall, after each service visit, clean up each entire lot and legally dispose all trash, leaves, limbs, litter, and debris immediately after each service.

• The successful bidder shall clean all site drainage devices, including but not limited to, area drains, grates, curb openings, drainage swells, sidewalk culverts, etc., during every service routine visit to ensure proper operation.

• The successful bidder shall properly remove and legally dispose of all debris removed from the JTS property. The successful bidder shall not utilize the JTS waste containers for disposing of any trash, leaves, limbs, litter, or debris.

VI. Federal Assurances & Certifications

VI.A. NO GOVERNMENT OBLIGATION TO THIRD PARTIES

FTA Circular 4220.1F

No Obligation by the Federal Government.

The CoJ and the successful bidder (“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 CoJ, the Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

VI.B. 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.

VI.C. 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:

Where the CoJ is not a State but a local government and is the FTA subrecipient or a subgrantee of the FTA subrecipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the CoJ, 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.

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.

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).

FTA does not require the inclusion of these requirements in subcontracts.

VI.D. 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 CoJ 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.

VI.E. 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.

http://www.fta.dot.gov/funding/apply/grants_financing_3162.html

(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:

(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In 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.

VI.F. DISADVANTAGED BUSINESS ENTERPRISE (DBE)

49 CFR Part 26

Background and Applicability

The newest version on the Department of Transportation’s Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the

DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not.

The DBE program applies to all DOT-assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro-purchase level. The requirements of clause subsection b flow down to subcontracts.

A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d.

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 3%, however, there is no DBE goal set for this contract.

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 Wisconsin Department of Transportation 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 will be required to report its DBE participation obtained…