HomeMy WebLinkAboutContract 52089 CITY SECRETARY
CONTRACT NO.- 502099
CONTRACTOR SERVICES AGREEMENT
February S,2019
This CONTRACTOR SERVICES AGREEMENT("Agreement") is made and entered into by
and between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by
and through Valerie Washington, its duly authorized Assistant City Manager, and H. MIKE
LAUDERBACK D/B/A NEW ERA CONTRACT SERVICES, ("Contractor"), an individual, each
individually referred to as a"party"and collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Contractor Services Agreement;
2. Exhibit A—Scope of Services;and
3. Exhibit B—Verification of Signature Authority Form.
Exhibits A and B,which are attached hereto and incorporated herein,are made a part of this Agreement for
all purposes. In the event of any conflict between the terms and conditions of Exhibits A and B and the
terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement
shall control.
1. SCOPE OF SERVICES.
Contractor shall perform clean-up,debris removal,dead tree removal,nuisance vegetation
removal and disposal work on privately owned property,and/or property that is owned or held-in-trust by
the City,as identified and ordered by the Neighborhood Investigations Division of the Fort Worth Code
Compliance Department. Exhibit"A,"-Scope of Services more specifically describes the services to be
provided hereunder.
2. TERM.
This Agreement shall begin on March 24,2019("Effective Date")and shall expire on September
30,2019("Expiration Date"),unless terminated earlier in accordance with this Agreement("Initial Term").
City shall have the option, in its sole discretion, to renew this Agreement under the same terms and
conditions,for up to four(4)one-year renewal options.
3. COMPENSATION.
City shall pay Contractor in accordance with the provisions of this Agreement and Exhibit"A,"—
Scope of Service. Total payment made under this Agreement for the first year by City shall not exceed
Ninety Nine Thousand Dollars($99,000.00).Contractor shall not perform any additional services or bill
for expenses incurred for City not specified by this Agreement unless City requests and approves in writing
the additional costs for such services.City shall not be liable for any additional expenses of Contractor not
specified by this Agreement unless City first approves such expenses in writing. No payment shall be made
by City to Contractor unless preceded by an invoice as further described in Exhibit"A,"-Scope of Services.
4. TERMINATION.
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4.1. Written Notice. City or Contractor may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder,City will notify Contractor of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Contractor for services actually rendered up to the effective date of
termination and Contractor shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon tennination of this Agreement for any
reason, Contractor shall provide City with copies of all completed or partially completed documents
prepared under this Agreement. In the event Contractor has received access to City Information or data as
a requirement to perform services hereunder, Contractor shall return all City provided data to City in a
machine readable format or other format deemed acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full
disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under
this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Contractor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Contractor, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by City("City information")as confidential and shall
not disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access. Contractor shall store and maintain City information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Contractor shall notify City immediately if the security or integrity of any City
Infonnation has been compromised or is believed to have been compromised, in which event, Contractor
shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what
information has been accessed by unauthorized means and shall fully cooperate with City to protect such
City Information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Contractor agrees that City shall, until the expiration of three (3)years after final payment under
this contract, or the .final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents, papers and records,
including, but not limited to, all electronic records, of Contractor involving transactions relating to this
Agreement at no additional cost to City. Contractor agrees that City shall have access during normal
working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section.City shall give Contractor
reasonable advance notice of intended audits.
7. INDEPENDENT CONTRACTOR.
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It is expressly understood and agreed that Contractor shall operate as an independent Contractor as
to all rights and privileges and work performed under this Agreement,and not as agent, representative or
employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Contractor shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
subcontractors. Contractor acknowledges that the doctrine of respondeat superior shall not apply as
between City, its officers, agents,servants and employees,and Contractor, its officers,agents,employees,
servants, Contractors and subcontractors. Contractor further agrees that nothing herein shall be construed
as the creation of a partnership or joint enterprise between City and Contractor.It is further understood that
City shall in no way be considered a Co-employer or a Joint employer of Contractor or any officers,agents,
servants,employees or subcontractor of Contractor. Neither Contractor,nor any officers,agents,servants,
employees or subcontractor of Contractor shall be entitled to any employment benefits from City.
Contractor shat l be responsible and liable for any and all payment and reporting of taxes on behalf of itself,
and any of its officers,agents,servants,employees or subcontractor.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS,
AGENTS,SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,AGENTS,
SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS
OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S
BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING
DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
MALFEASANCE OF CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES,
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION—Contractor agrees to defend,
settle,or pay, at its own cost and expense,any claim or action against City for infringement of any
patent, copyright, trade mark, trade secret,or similar property right arising from City's use of the
software and/or documentation in accordance with this Agreement, it being understood that this
agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or
documentation. So long as Contractor bears the cost and expense of payment for claims or actions
against City pursuant to this section, Contractor shall have the right to conduct the defense of any
such claim or action and all negotiations for its settlement or compromise and to settle or compromise
any such claim; however,City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with
Contractor in doing so.In the event City,for whatever reason,assumes the responsibility for payment
of costs and expenses for any claim or action brought against City for infringement arising under this
Agreement, City shall have the sole right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim; however,
Contractor shall fully participate and cooperate with City in defense of such claim or action.
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City agrees to give Contractor timely written notice of any such claim or action,with copies of all
papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of
payment of costs or expenses shall not eliminate Contractor's duty to indemnify City under this
Agreement.If the software and/or documentation or any part thereof is held to infringe and the use
thereof is enjoined or restrained or,if as a result of a settlement or compromise,such use is materially
adversely restricted, Contractor shall, at its own expense and as City's sole remedy, either: (a)
procure for City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification does not
materially adversely affect City's authorized use of the software and/or documentation;or(c)replace
the software and/or documentation with equally suitable, compatible, and functionally equivalent
non-infringing software and/or documentation at no additional charge to City; or(d) if none of the
foregoing alternatives is reasonably available to Contractor terminate this Agreement, and refund
all amounts paid to Contractor by City,subsequent to which termination City may seek any and all
remedies available to City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. Contractor shall not assign or subcontract any of its duties, obligations or
rights under this Agreement without the prior written consent of City. If City grants consent to an
assignment, the assignee shall execute a written agreement with City and Contractor under which the
assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor
and Assignee shall be jointly liable for all obligations of Contractor under this Agreement prior to the
effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract,subcontractor shall execute a written
agreement with Contractor referencing this Agreement under which subcontractor shall agree to be bound
by the duties and obligations of Contractor under this Agreement as such duties and obligations may apply.
Contractor shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Contractor shall provide City with certificate(s)of insurance documenting policies of the following
types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Contractor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle"shall be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
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Statutory limits according to the Texas Workers' Compensation Act or any other
state workers'compensation laws where the work is being performed
Employers' liability
$100,000- Bodily Injury by accident;each accidentloccurrence
$100,000- Bodily Injury by disease;each employee
$500,000- Bodily Injury by disease;policy limit
(d) Professional Liability(Errors&Omissions):
$1,000,000- Each Claim Limit
$1,000,000- . Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
' Coverage shall be claims-made,and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name City
as an additional insured thereon, as its interests may appear.The term City shall
include its employees, officers, officials, agents, and volunteers in respect to the
contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right
of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to City.Ten(10)days'notice shall be acceptable in the
event of non-payment of premium.Notice shall be sent to the Risk Manager,City
of Fort Worth,200 Texas Street,Fort Worth,Texas 76102,with copies to the Fort
Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in the
State of Texas.All insurers must have a minimum rating of A-VII in the current
A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.If the rating is below that
required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Contractor has obtained all required insurance shall be
delivered to the City prior to Contractor proceeding with any work pursuant to this Agreement.
11. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS.
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Contractor agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal,state and local laws,ordinances,rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances,rules and regulations.If City notifies Contractor of any violation of such laws,ordinances,rules
or regulations,Contractor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Contractor, for itself, its personal representatives, assigns, subContractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and
obligations hereunder,it shall not discriminate in the treatment or employment of any individual or group
of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED
VIOLATION OF THIS NON-DISCRINIINATION COVENANT BY CONTRACTOR, ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORSS OR SUCCESSORS IN
INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY
AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
s 13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received
by the other party by United States Mail,registered,return receipt requested,addressed as follows:
To CITY: To CONTRACTOR:
City of Fort Worth New Era Contract Services
Attn:Valerie Washington,Assistant City Manager Mike Lauderback
200 Texas Street 2335 Decatur Ave.
Fort Worth,TX 76102-6314 Fort Worth,TX 76106
Facsimile:(817)392-8654
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Contractor shall,during the term of this Agreement and additionally for a period
of one year after its termination, solicit for employment or employ, whether as employee or independent
Contractor , any person who is or has been employed by the other during the term of this Agreement,
without the prior written consent of the person's employer.Notwithstanding the foregoing,this provision
shall not apply to an employee of either party who responds to a general solicitation of advertisement of
employment by either party.
15. GOVERNMENTAL POWERS.
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It is understood and agreed that by execution of this Agreement,City does not waive or surrender
any of its governmental powers or immunities.
16. NO WAIVER.
The failure of City or Contractor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's
respective right to insist upon appropriate perfonnance or to assert any such right on any future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas.If any action,
whether real or asserted,at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
City and Contractor shall exercise their best efforts to meet their respective duties and obligations
as set forth in this Agreement,but shall not be held liable for any delay or omission in performance due to
force majeure or other causes beyond their reasonable control, including, but not limited to, compliance
with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the non-nal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or Exhibits A,B,and C.
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment, modification,or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
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This Agreement,including Exhibits A,B and C,contains the entire understanding and agreement
between City and Contractor,their assigns and successors in interest, as to the matters contained herein.
Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WARRANTY OF SERVICES.
Contractor warrants that its services will be of a professional quality and conform to generally
prevailing industry standards.City must give written notice of any breach of this warranty within thirty(30)
days from the date that the services are completed.In such event, at Contractor's option,Contractor shall
either(a)use commercially reasonable efforts to re-perform the services in a manner that conforms with
the warranty,or(b)refund the fees paid by City to Contractor for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Contractor shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon
request by City, Contractor shall provide City with copies of.all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Contractor shall adhere to
all Federal and State laws as well as establish appropriate procedures and controls so that no services will
be performed by any Contractor employee who is not legally eligible to perform such services.
CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY
PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this
Agreement for violations of this provision by Contractor.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement(collectively,"Work Product"). Further,City shall be the sole and exclusive owner
of all copyright, patent, trademark,trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of City from the date of conception,creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a"work-made-for-hire"within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof,is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Contractor hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product,
and all copies thereof,and in and to the copyright,patent,trademark,trade secret,and all other proprietary
rights therein,that City may have or obtain, without further consideration, free from any claim, lien for
balance due,or rights of retention thereto on the part of City.
28. SIGNATURE AUTHORITY.
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The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party,and that such binding authority has been granted by proper
order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto,
may be executed by any authorized representative of Contractor whose name,title and signature is affixed
on the Verification of Signature Authority Form, which is attached hereto as Exhibit"C". Each party is
fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
29. CHANGE IN COMPANY NAME OR OWNERSHIP
Contractor shall notify City's Purchasing Manager,in writing, of a company name,ownership,or
address change for the purpose of maintaining updated City records. The president of Contractor or
authorized official must sign the letter. A letter indicating changes in a company name or ownership must
be accompanied with supporting legal documentation such as an updated W-9, documents filed with the
state indicating such change,copy of the board of director's resolution approving the action,or an executed
merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
the City is prohibited from enteruig into a contract with a company for goods or services unless the contract
contains a written verification from the company that it:(1)does not boycott Israel;and(2)will not boycott
Israel during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings
ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,
Contractor certifies that Contractor's signature provides written verification to the City that
Contractor: (1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this
day of MMZ-tt - 20_fj
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
By.
this contract, including ensuring all performance and Name: Valerie Washington reporting requirements.
Title: Assistant City Manager
Date: (�
By:
;aim�e: Nenn Neal
APPROVAL RECOMMENDED: Title: Superintendent,Code Compliance
APPROVED AS TO FORM AND LEGALITY:
By:
Na . lenn Neal
Title: Superintendent,Code Compliance By:
Name: Matt Murray'
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
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By: N me: ary y er g Jig IA95: X019-4.41331
Title: C1 creta ,,
CONTRACTOR:
H. MIKE LAUDERBACK D/B WW RA ATTEST:
CONTRACT SERVICES
By: 9' + By: �•_
Name: i Lauderback Name: Jc
Title: 0&jt&r Title: Sc. =C:
Date:
Contractor Services AgreementI o R®
CITY Se CRETARY
FT. WORTH,TX
EXHIBIT A
SCOPE OF SERVICES
I. REQUIREMENTS
A. Contractor understands that work orders will be assigned with attention to a fair and equitable
distribution of the work to be performed.
B. The contractor shall be available and present on the site when an administrative search
warrant is required for access on to the property.The contractor or the contractor's
representative shall be no more than 15 minutes late for the appointment time.
C. Photographic Evidence:
1. The following minimum specifications will be required:
a. Use of digital cameras capable of at least I mega-pixel with image resolution of 1280
x 1224 that adds date stamp on face of picture.
b. Contractor shall provide photographic evidence of the abatement prior to,and at the
completion of,the assigned work.
D. Photographs will:
1. Be in color,and date and time stamped.
2. Be submitted with work order and invoice.
E. If vector nesting is encountered,the Contractor may take necessary steps to exterminate the
hazard after verification and cost approval from the Neighborhood Investigations Division.
The Invoice relative to such extermination shall be submitted to the Code Compliance
Department Contract Administrator with the corresponding Abatement Work Order.
F. Prior to commencement of work Contractors shall:
1. Obtain a waste hauler's permit from the Superintendent of the Solid Waste Division
(817)392-5151,and present proof to the Code Compliance Superintendent prior to the
issuance of a Letter to Proceed;
2. Ensure that a representative of Code Compliance—Neighborhood Investigations is
present at the job site before any work is started;and
3. Obtain a Letter to Proceed from Neighborhood Investigations to initiate abatement.
4. Provide a cost estimate for the work to be performed.
G. Abatement work must begin within 3 business days from the date of the proceed letter or as
specified on the proceed letter.
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H. Once commenced,all work,including salvage time at the site,must be completed within
three(3)business days,or as specified in the Letter to Proceed.
1. Contractor shall remove items from lots and adjacent right of ways that include(see VI
Definitions):
1. Junk,trash,rubbish,debris,tires,trees,brush,discarded belongings
2. Salvageable materials;
3. Furniture,household furnishings,business furnishings,building materials, vehicle parts;
4. Badly damaged or dilapidated fences,decorative barriers;
5. Other special waste as required by the Neighborhood Investigations Division.
J. Contractor will not be required to remove Hazardous Waste as defined in VI Definitions.
However,contractor will immediately contact the Neighborhood Investigations if such waste
in discovered.
K. All debris,trash,rubbish and junk from the abatement site will be hauled to a state licensed
disposal site at the expense of the contractor.
L. Upon completion of the work,the Contractor shall notify Neighborhood Investigations
Division upon completion of the job for a payment inspection.Copies of dump tickets
certifying the debris was taken to a state certified landfill shall be submitted along with the
invoice for payment.
M. All salvageable material and items identified to be removed will become the property of the
Contractor and shall be removed from the site.
N. Contractor shall protect the work site as necessary with barriers, lights,safeguards or
warnings.
O. Contractor shall report any damage done to property owned by the City of Fort Worth or
damage to private personal property to the Code Compliance Department(817-392-6567)
within two(2)hours after occurrence.
II. INVOICES
A. Contractor shall return work orders and corresponding invoice for abatement and cleanup
work to the Code Compliance Department within three(3)business days,after completion of
work. The work order is considered complete once it's been determined that the work was
accomplished in accordance with the terms and specifications of this contract.
B. Each invoice shall include:
1. Contractor name,address,phone number,invoice number,and PO number
2. File,map and TAD number
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3. Quantity of material (tons)
4. Detailed costs associated with abatement(labor and disposal)
5. Copies of the proceed order
6. Copy of all dump tickets for disposal of the specified items.
C. An invoice is considered payable when an officer has completed a visual inspection and
determined that the work was accomplished.
III. POINT OF CONTACT
A. Contractor shall designate at least one(1)person within the firm as Point of Contact with
office phone or cell phone number for accessibility.
B. Contractor's Point of Contact shall respond to calls or voicemails within one(l)hour,during
normal business hours.
C. Notification of any changes in contact numbers or personnel shall be in writing or hand
delivered to the Code Compliance Superintendent.
IV. PAYMENTS
An invoice is considered payable when an officer has completed a visual inspection and
determined that the work was accomplished. The Code Compliance Department will make
payments within 30 days from the date of acceptance of work.
V. CONTRACT PERFORMANCE
A. The City reserves the right to reject work for poor quality of the work,or improper charges.
B. In addition,and of utmost importance,Abatement Proceed Letters in the possession of the
Contractor over fifteen(15)days after the Proceed Letter has been issued will not be paid
unless prior arrangements have been made with the City. The Abatement Proceed Letter will
be cancelled and reassigned to another contractor from the Contractor list.
C. The City retains the right to assign abatement jobs in the most expeditious manner,and in the
best interest of the City of Fort Worth and its citizens. All jobs will be distributed in a
manner most advantageous to the City.Jobs will be assigned by location or other method
determined by the City of Fort Worth to be efficient or expedient.
D. The City reserves the right,in case of default,to procure the services from other sources and
hold the defaulting Contractor responsible for any excess costs occasioned thereby.
VI. DEFINITIONS
A. Adequate Work Force:Sufficient equipment,supplies,and personnel to complete the work
order.
Contractor Services Agreement Page 13 of 15
B.Company Hours:The time it would take the company to complete the assigned work order.
C.Business Day:Regularly scheduled days of operation,Monday—Friday.Excludes
Saturday,Sunday,and holidays recognized by the City of Fort Worth.
D. Immediate Abatement Request:Upon notification of an immediate abatement work order from
the Code Compliance Department Special Project Superintendent or his/her designee the
contractor shall commence the abatement process within 24 hours.
E.Brush: Shrub limbs,tree limbs-up to four(4)inches in diameter and not to exceed eight(8)
feet in length,untreated lumber,and tree trimmings resulting from landscape maintenance and
cleaning operations(other than a commercial pile).
F.Bulky Waste:Furniture,treated wood,up to ten(10)cubic yards of construction materials
generated by a service unit(and not by a commercial service provider)as a result of a household
project,mattresses and box springs,carpet,swing sets,plastic swimming pools,small and large
toys,bicycles,fish aquariums,toilets,household appliances,and other similar items,white goods
(CFC-free),large branches(being branches in excess of four(4)inches in diameter but less than
eight(8)feet in length),tree trunks and root balls;provided such items do not contain hazardous
waste or any waste which is not acceptable at the designated landfill.
G.Rubbish:Nonputrescible solid waste,excluding ashes that consists of:
1.Combustible waste materials,including paper,rags,cartons,wood,excelsior,furniture,rubber,
plastics,yard trimmings,leaves,and similar materials;or
2.Noncombustible waste materials,including glass,crockery,tin cans,aluminum cans,metal
furniture,and similar materials that do not burn at ordinary
ITB 18-0392 Nuisance Abatement Clean-up Services incinerator temperatures(sixteen hundred
(1600)degrees Fahrenheit to eighteen hundred(1800)degrees Fahrenheit).
H. Special Waste:Any solid waste or combination of solid wastes that because of its quantity,
concentration,physical,or chemical characteristics,or biological properties requires special
handling and to protect the human health or the environment.
I.Hazardous Waste:Any solid waste identified or listed as a hazardous waste by the
administrator of the United States Environmental Protection Agency pursuant to the Federal Solid
Waste Disposal Act,as amended by the Resource Conservation and Recovery Act of 1976(42
USC §§ 6901 et seq.),as amended.
Contractor Services Agreement Page 14 of 15
EXHIBIT B
VERIFICATION OF SIGNATURE AUTHORITY
NEW ERA CONTRACT SERVICES
Contractor hereby agrees to provide City with independent audit basic financial statements,but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Contractor and to execute any agreement,amendment or
change order on behalf of Contractor. Such binding authority has been granted by proper order,resolution,
ordinance or other authorization of Contractor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Contractor.
Contractor will submit an updated Form within ten (10) business days if there are any changes to the
signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form
that has been properly executed by Contractor.
1. Name:
Position: ,
tgnature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Signature of President/CEO
Other Title:
Date:
Contractor Services Agreement Page 15 of 15
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL A Ti0N; Approved on 31512019
DATE: Tuesday, March 5, 2019 REFERENCE NO.: **P-12301
LOG NAME: 13P18-0392 NUISANCE ABATEMENT CLEAN-UP SERVICES SC
SUBJECT:
Authorize Execution of Agreements with Howard Mikiel Lauderback d/b/a New Era Contract Services,
Redirection Opportunities, Inc., and RNDI Companies, Inc., for Nuisance Abatement Clean-Up Services for
a Combined Annual Amount Up to $150,000.00 and Authorize Five Renewal Options for the Code
Compliance Department (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize execution of Agreements with Howard Mikiel
Lauderback d/b/a New Era Contract Services, Redirection Opportunities, Inc., and RNDI Companies, Inc.,
for Nuisance Abatement Clean-Up Services for a combined annual amount up to $150,000.00 and
authorize five renewal options for the Code Compliance Department.
DISCUSSION:
The Code Compliance Department approached the Purchasing Division to establish annual Agreements
for nuisance abatement clean-up services for the City of Fort Worth. The Invitation to Bid (ITB) consisted
of detailed specifications for nuisance abatement and clean-up services including; debris, dead tree
removal, nuisance vegetation, disposal work on privately owned property, and/or property that is owned or
held-in-trust by the City and all related services
BID ADVERTISMENT-An ITB was advertised in the Fort Worth Star-Telegram on August 15, 2018,
August 22, 2018, August 29, 2018, September 5, 2018, September 12, 2018, September 19, 2018 and
September 26, 2018. The ITB was sent to 256 vendors from the purchasing vendor database; three
responses were received.
The evaluation committee recommends awarding Howard Mikiel Lauderback d/b/a New Era Contract
Services, Redirection Opportunities, Inc., and RNDI Companies, Inc., with four one-year options to renew.
An administrative change order or increase may be made by the City Manager in the amount up to
$37,500.00 and does not require specific City Council approval as long as sufficient funds have been
appropriated. No guarantee was made that a specific amount of services would be purchased. However,
the Code Compliance department may spend up to the amount awarded for each vendor annually for
nuisance abatement services as specified below. The Code Compliance Department reviewed the pricing
and found pricing to be fair and reasonable.
Vendor Awarded Amount Total
New Era Contract Services $99,000.00 $99,000.00
RNDI Companies, Inc. I $45,000.00F $45,000.00
Logname: 13PI8-0392 NUISANCE ABATEMENT CLEAN-UP SERVICES SC Page I of 2
Redirection Opportunities, Inc. $6,000.001 $6,000.00
$150,000.00
M/WBE OFFICE - Howard Mikiel Lauderback d/b/a New Era Contract Services is in compliance with the
City's BDE Ordinance by committing to 10% M/WBE participation on this project. The City's M/WBE goal
on this project in 10%. Recommended award amounts for Redirection Opportunities, Inc., and RNDI
Companies, Inc., are less than $50,000.01. Therefore, these firms' contract awards are not applicable to
the BDE Ordinance.
AGREEMENT TERMS - Upon City Council approval, the Agreement shall begin upon execution of the
Agreement and shall end on September 30, 2019.
RENEWAL OPTIONS - The City shall have five options to renew the Agreement; four one-year renewal
periods (October 1 to September 30) and the fifth renewal period which shall run from October 1 st to the
anniversary of the date of execution. This action does not require specific City Council approval provided
that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal
term.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as appropriated,
of the General Fund. Prior to an expenditure being made, the participating departments has the
responsibility to validate the availability of funds. Future year appropriations are subject to Mayor and
Council approval.
13QN\18-0392\SC
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year ChartfieId 2
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Cynthia Garcia (8525)
Additional Information Contact: Sarah Czechowicz (2059)
ATTACHMENTS
1. 13P18-0392 1295 Forms Redacted.pdf (Public)
2. 190123 New Era Contract MWBE Compliance Memo.pdf (CFW Internal)
3. Copy of Copy of Evaluation 18-03921.pdf (CFW Internal)
4. Requisition 18-00433245.pdf (CFW Internal)
5. SAMS vendors.pdf (CFW Internal)
Logname: 13P18-0392 NUISANCE ABATEMENT CLEAN-UP SERVICES SC Page 2 of 2