Loading...
HomeMy WebLinkAboutContract 52306 CITY SECRETARY CONTRACT N0. 5 9 3R, NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES AGREEMENT This NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE 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 ARNES PURDY DB/A CORSICANA GERANIUM GARDEN ("Contractor"), an individual, each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS, City, through its Code Compliance Department, contracts for mowing and grounds maintenance services of private properties within the City; WHEREAS, through ITB No. 19-0061 the City solicited bids to award non-exclusive services agreements to multiple bidders for mowing and grounds maintenance services on an as-needed basis in the City with an aggregate amount of up to $450,000.00 per year for contracts awarded to the successful bidders; WHEREAS, Contractor was one of the successful bidders awarded a contract to provide non- exclusive mowing and grounds maintenance services to the City; WHEREAS, City and Contractor wish to set out terms of Contractor's non-exclusive mowing and grounds maintenance services; AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Non-Exclusive Mowing and Grounds Maintenance Services Agreement; 2. Exhibit A—Scope of Services; 3. Exhibit B—Price Schedule; 4. Exhibit C—City of Fort Worth Bid Solicitation (ITB No. 19-0061); 5. Exhibit D—Contractor's Response to City of Fort Worth ITB No. 19-0061; 6. Exhibit E—Verification of Signature Authority; 7. Exhibit F—Insurance; and 8. Exhibit G—Fort Worth Code Enforcement Division Boundaries. All Exhibits, 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 the Exhibits 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. 1.1 Contractor shall provide mowing and ground maintenance services of privately owned properties for the City of Fort Worth (City), Code Compliance Department. Exhibit "A," - Scope of Services more specifically describes the services to be provided hereunder. 1.2 Contractor understands and agrees that the City will award non-exclusive purchase agreements to multiple bidders for mowing and grounds maintenance services as outlined in City of Fort Worth Bid Solicitation (ITB No. 19-0061), which is attached hereto as Exhibit C, and incorporated herein for all purposes. Contractor further understands that the aggregate amount of all contracts awarded GOn-Exclusive Mowing and Grounds Maintenance Services Agreement CITY SECRETARY Page G`� S FT. WORTH,Tx to multiple contractors under ITB No. 19-0061 shall be an amount not to exceed $450,000.00 per year, and the City makes no promise or guarantee of the total amount of work that will be assigned to Contractor under this Agreement. Contractor's Response to City of Fort Worth ITB No 19-0061 ("Contractor's Response") is attached hereto as Exhibit D, and incorporate herein for all purposes. 1.3 The City shall issue electronic work orders establishing the assignments to mow specific parcels of land. Contractor shall perform the Services in accordance with each Work Order issued by the City. Except as otherwise specified in this Agreement, the fee for each Work Order shall be based upon the prices included in Exhibit B—Price Schedule. 2. TERM. This Agreement shall begin on May 8th ("Effective Date") and shall expire on September 30, 2019 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). Upon the expiration of the Initial Term, the Agreement may be renewed, at the City's sole discretion, under the same terms and conditions for up to four(4) one-year renewal periods (October 1 to September 30) and for a fifth renewal period which shall expire on completion of a total five year agreement duration. 3. COMPENSATION. City shall pay Contractor in accordance with the provisions of this Agreement and Exhibit B — Price Schedule. Total payment made under this Agreement for the Initial Term and any renewal term by City shall not exceed Fifty Thousand Dollars ($50,000.00). 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. 4. TERMINATION. 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 termination 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. Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page 5. 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. 6. INDEPENDENT CONTRACTOR. 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 shall 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. 7. LIABILITY AND INDEMNIFICATION. 7.1 CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES,INCLUDING,BUT NOT LIMITED TO,PROPERTY LOSS,PROPERTY DAMAGE AND PERSONAL INJURY, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF CONTRACTOR, OR ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, CONTRACTORS, EMPLOYEES, PATRONS, GUESTS, INVITEES, OR PROGRAM PARTICIPANTS. CONTRACTOR HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE AND LOSS AND PERSONAL INJURY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE SERVICES PERFORMED BY CONTRACTOR UNDER THIS AGREEMENT. 7.2 INDEMNIFICATION — CONTRACTOR, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, PROTECT, AND HOLD HARMLESS CITY AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS EMPLOYEES, AND SERVANTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE SERVICES PERFORMED UNDER THIS AGREEMENT BY CONTRACTOR OR ANY OF ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS; (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON THE PART OF CONTRACTOR OR ANY OF ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS; OR (3) BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF CONTRACTOR UNDER THIS AGREEMENT(COLLECTIVELY, "LIABILITIES"). 7.3 If any action or proceeding shall be brought by or against the City in connection with any such liability or claim, Contractor, on notice from City, shall defend such action or proceeding at Contractor's expense,by or through attorneys reasonably satisfactory to City. 7.4 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligations under this Section, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 7.5 Contractor agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages related to Services performed under this Agreement. Contractor agrees to make its officers, representatives, agents, and employees available to City, at all reasonable times, for any statements and case preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder. 8. ASSIGNMENT AND SUBCONTRACTING. 8.1 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. 8.2 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. 9. INSURANCE. Contractor shall abide by the insurance requirements set forth in Exhibit F, which is attached hereto and incorporated herein for all purposes. Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page 10. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS. 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. 11. 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-DISCRIMINATION 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. 12. 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 Corsicana Geranium Garden. Attn: Valerie Washington,Assistant City Manager Ames Purdy, Owner. 200 Texas Street 5708 Cedar Creek Drive Fort Worth,TX 76102-6314 Benbrook, TX 76109 Facsimile: (817)392-8654 Facsimile: 832.437.0700 With copy to Fort Worth City Attorney's Office at same address 13. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 14. 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 Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page 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. 14. SEVERABILITY AND NO WAIVER. 14.1 It is agreed that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision does not materially prejudice either Contractor or City in connection with the right and obligations contained in the valid covenants, conditions or provisions of this Agreement. 14.2 The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 15. SOLE AGREEMENT,AMENDMENTS,CAPTIONS,AND INTERPRETATION. 15.1 This Agreement, including all Exhibits, 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. 15.2 Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may not be modified or amended except upon execution of a written amendment to this Agreement executed by the Assistant City Manager and Contractor and filed with the City Secretary's Office. 15.3 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 15.4 In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party,regardless of the actual drafter of this Agreement. 16. AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES. 16.1 By executing this Agreement, Contractor's agent affirms that he or she is authorized by Contractor or its general partner to execute this Agreement and that all representations made herein with regard to Contractor's identity,address, and legal status are true and correct. 16.2 This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 17. 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 (I- Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page 4 9). Upon request by City, Contractor shall provide City with copies of all I-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. 18. BINDING COVENANTS. Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereunder are declared to be for the benefit of and binding on their respective successors,representatives and permitted assigns, if any. 19. 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 entering 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 , 2019 Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page' 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 this By. d�f� contract,including ensuring all performance and Name: Valerie Washington reporting requirements. Title: 1Assistant City Manager Date: (`' lI� By. ltr:alen Neal APPROVAL RECOMMENDED: Title: Code Compliance Superintendent APPROVED AS TO FORM AND LEGALITY: By: �:g le- a e: e n Neal Title: Code Compliance Super i„tendent By. Name: Matt Murray ATTEST: Title: Assistant City Attorney ?/ CONTRACT AUTHORIZATION: By: M&C: P-12324 at e: Mary Kayser A CART m 1295: Z,Ali-Lkta'Z-5il Title: City Secretary 1-- U` CONTRACTOR: ..�Xp,S ARNES PURDY ATTEST: By: x Name: Ames Purdy By: Title: Owner Name: Title: Date: ®FFIC7AL RECORD CITY SECRETARY Non-Exclusive Mowing and Grounds Maintenance Services Agreement FT. WORTH,TX Page! EXHIBIT A SCOPE OF SERVICES DETAILED SCOPE OF SERVICES/SPECIFICATIONs 1. SCOPE - Contractor shall provide all necessary labor, material, and equipment to provide mowing and specific ground maintenance services of privately owned properties for the City of Fort Worth (City), Code Compliance Department. Contractor is required to meet all specifications listed herein as minimum requirements. 2. EQUIPMENT 2.L Contractor shall have available all equipment and material upon arrival at job site or prove that Contractor has access to all equipment necessary to perform all work outlined in this Agreement. Failure to do so is cause for breach of contract. 2.2. Contract shall, upon request by the City, provide a list of machinery and equipment that they will use in the execution of the Agreement. 2.3. Contractor must have an adequate back-up equipment or plan to allow for breakdowns of equipment. 3. CONTRACTOR REQUIREMENTS 3.1. Contractor must be in good standing with the City of Fort Worth. Contractor must have no outstanding tickets, warrants or other legal obligation prior to work assignments. 3.2. Contractor must provide list of equipment and maintain listed equipment throughout contract year. Contractor shall be subject to inspection by department staff at time of renewal. 4. DEFINITIONS 4.1. ADEQUATE WORK FORCE: Sufficient equipment, supplies, and personnel to deploy at least three (3) work crews to three (3) different work sites at the same time. 4.2. ALLEY/ALLEYWAYS: A narrow passageway, lane or right-of-way (ROW), especially one running between or behind buildings. 4.3. CODE COMPLIANCE DEPARTMENT OFFICIAL: The Director of the City of Fort Worth Code Compliance Department or designee. 4.4. CULTIVATE: To loosen or break the soil around growing plants, or to foster the growth of a plant. 4.5. EASEMENTS: A right-of-way across a property that may be owned by another or the City. Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page 4.6. 48 INCH WEEDS: A parcel of land on which at least 75% of the high grass and weeds are 48 inches or greater. 4.7. GROUNDS MAINTENANCE PROJECT: The area identified and defined in a Code Compliance work order that describes the work to be completed as described in this Agreement. 4.8. IMMEDIATE MOW: A request for mowing services to be performed within 24 hours of notification. 4.9. IMPROVED PROPERTY: Property that contains a residence, building, or other structure used for human habitation, or storage of equipment or materials. 4.10. MEASURING IMPLEMENT: A measuring device approved by the Contract Administrator, used in photographic evidence, to clearly distinguish the height of the grass/weeds on the parcel(s) to be mowed. See Attachment A. 4.10.1. All measuring devices shall be inspected and approved within fifteen (15) working days after awarding of the Agreement. Any replacement device shall be approved prior to the device being used 4.11. LINEAR FOOT: An area one foot (12") in length by three feet (36") in width 4.12. PARCEL OF LAND: Lots, tracts, or acres of land that are titled under ownership as provided by the Tarrant Appraisal District (TAD) and Tarrant County ownership records. 4.13. PARKWAYS: The area of public right-of-way located between the curb or edge of pavement and the property line. 4.14. PRICE DETERMINATION: Work orders will be based on individual TAD account numbers and work completed will be priced as stated in the Mowing Bid Sheet. The square footage for the right of ways, parkways, and easements will not be added into the square footage for the parcel of land. 4.15. PROPERTY IDENTIFICATION SIGN: A sign attached to the measuring device that provides information includes the date the property is mowed, TAD number and violation number. 4.16. RIGHT-OF-WAY (ROW): A narrow length of land, street, roadway, alley, sidewalk, or other property that provides a lawful route that may be used by the public. 4.17. TRASH & LITTER: Any debris within the grounds maintenance project area including, but not limited to, paper, plastic, cans, bottles, cardboard, rags, limbs and branches four(4) inches or smaller in diameter. 4.18. UNCULTIVATED: Plants, flowers, vegetables, or weeds growing without any external efforts. 4.19. WARRANT MOWS: Warrants mows must be scheduled with Warrant Officer and must be completed within 72 hours of the Courts issuance date. Warrant Officer must be on- site prior to mowing. 4.20. WORK ORDER/MOWING TICKET: A Notification of Assignment by which the Code Compliance Department assigns work to be performed at specific properties having a Non-Exclusive Mowing and Grounds Maintenance Services Agreement Pagel valid TAD account number. A work order is considered complete when the property is abated and the Code Compliance Department has received all required documentation. 4.21. WORKING DAY: Monday thru Friday, from 8:00 AM to 5:00 PM, excluding holidays. 5. PERFORMANCE REQUIREMENTS 5.1. Notification to Contractor of Assignment 5.1.1. The Code Compliance Department has the sole discretion to determine the assignment of work orders. Corsicana Geranium Garden will be assigned properties in the North Division, as shown on Exhibit G. 5.1.2. Contractor shall receive notification of their assignments to mow specific parcels of land. The Contractor is required to have high-speed access to the Internet in order to receive and send work orders with attached photographs. Minimum specifications required are: 5.1.2.1. Digital cameras capable of at least 1 mega-pixel with image resolution of 1280 x 1224 that adds date stamp on face of picture. 5.1.2.2. High capacity color printer capable of 200 imprints with map image per day. 5.1.2.3. WIRELESS READY- ability to accept work orders and send completed work orders from a mobile wireless device, laptop, or other similar equipment. 5.1.3. Work orders will be provided to Contractor(s) electronically via the Internet, and Code Compliance will receive the completed work orders, with all required documentation, in the same manner. 5.1.4. Contractors will be responsible for ensuring and maintaining compatibility with the Departments system. 5.1.5. Code Compliance reserves the right to accept or deny completed work orders that are submitted by any other means. 5.2. PERIOD OF PERFORMANCE 5.2.1. The Contractor shall cut all assigned parcels within five (5) working days of receipt of a work order. 5.2.2. The Contractor shall submit completed work orders with all required documentation to the Code Compliance Department within three (3) work days of abatement. Abatement is considered the date required on the property identification sign. 5.2.3. The Contractor shall provide an action plan to catch up on delinquent work orders if. 5.2.3.1.The number of delinquent work orders exceeds 15% of the total number of work orders assigned. 5.2.3.2.Work orders are over five (5) days late. Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page ] 5.2.4. The Contractor shall respond to all correspondence (letters, email, text, etc.) within 24 hours. 5.2.5. The Contractor shall resolve all rejected work orders within three (3) working days. 5.2.6. Work orders that are not completed within the specified timeframe will be considered in default. 5.2.7. Code Compliance Department may take into account unforeseen circumstances, such as weather, etc. to determine if a work order is in default and may extend the default time frame at the Department's discretion. 5.2.8. In the event of default by the Contractor, the City reserves the right to procure the services from other sources and hold the defaulting Contractor responsible for any excess costs. 5.3. INSPECTION REQUIREMENTS 5.3.1. Contractor shall inspect each parcel of land prior to its mowing to identify any special issues (vectors, animals, locked fences and warrant requirement, etc.). 5.3.2. If accessibility to the work to be performed is hindered, Contractor shall immediately report these conditions to the Code Compliance Official prior to commencement of work. 5.3.3. If a warrant is required on any portion of the property, no portion of the property will be mowed until the warrant is obtained. 5.3.4. If vector nesting is encountered, the Contractor may take necessary steps to exterminate the hazard with the approval of a Code Compliance Official. Contractor shall submit invoices relative to such extermination to Code Compliance with the appropriate mowing work order. 5.3.5. If a parcel of land cannot be mowed for any reason, the Contractor shall submit the work order to Code Compliance within five (5) working days with a statement providing justification for not completing the work order. 5.3.6. Code Compliance has the sole discretion to determine whether a work order should have been closed without completion. 5.4. PHOTOGRAPHIC EVIDENCE 5.4.1. The Contractor shall: 5.4.1.1. Take photographs of each parcel of land prior to commencement of work; and immediately after completion of the work from the same location as the before picture. 5.4.1.2. Use a measuring device as described in section 4.10. 5.4.1.3. Position the measuring device to accurately show the overall height of the grass/weeds on the entire property. 5.4.1.4. Use the same measuring device in the before and after photos. The measuring device shall be placed in the grass/weeds to be cut. The device Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page shall remain in place for the duration of the mow to provide consistent before and after documentation. 5.4.2. Photographs Shall: 5.4.2.1. Be in color from a digital camera as described in 5.1.2 5.4.2.2. Include the same landmarks in both the before and after pictures with the same angle and scale. 5.4.2.3. Provide a panoramic view of the property to be mowed. 5.4.2.4. Show the measuring device in each before and after photograph. The before picture will be taken prior to commencement of work that accurately depicts the average overall height of the grass/weeds on the property. 5.4.2.5. Legibly show the identification sign on the measuring device with the information described in 4.15. 5.4.3. Additional photographs shall be taken when the property is over two (2) acres. The before and after photographs shall reflect all portions of the property mowed. 5.5. MOWING OPERATIONS 5.5.1. Contractor shall cut assigned properties upon which weeds, grass and uncultivated growth exceed height of twelve (12) inches by using any appropriate means. 5.5.1.1. On completion of mowing, grass, weeds and uncultivated growth shall be cut to a height no more than four (4) inches and not less than 1'/2 inches. Contractor shall ensure that the property is actually mowed and the vegetation not just pushed over or flattened down. 5.5.1.2. If an assigned work order is a property that is over two (2) acres, the only portion of the property to be cut is that section that is one hundred (100) feet back from the property line or any open public street (inclusive of any public right of way) and one hundred (100) feet back from any improved adjoining property. 5.5.2. Contractor shall not discharge grass, weeds or debris onto streets, sidewalks, and/or right of ways. Cut grass and debris that falls or is thrown by equipment upon the pavement, streets, curb and gutters, sidewalks, or adjacent properties through the action of the work crew shall be removed prior to leaving the project area. 5.5.2.1. Contractor shall arrange to keep sidewalks and roads open for traffic whenever possible. Warning signs and barricades shall be furnished and erected by the Contractor whenever warranted. 5.5.3. Contractor shall mow or trim, at no additional charge to the City all: 5.5.3.1. Right of ways (ROW), easements, and parkways adjoined to the parcel of land. Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page ] 5.5.3.2. Around buildings, trees having a diameter greater than two (2) inches, fences, and obstacles in the right of way (fire hydrants, signs, etc.). 5.5.3.3. Ditches, dirt mounds, and around vehicles and other obstacles. 5.5.4. When mowing a parcel of land identified by the City as being greater than forty- eight (48) inches in height, Contractor shall remove grass clippings and clean the parcel of land after mowing is completed at no additional cost to the City. 5.5.4.1. Removal of cut grass from the properties with vegetation less than 48- inches will not be required, unless otherwise specified by the Code Compliance Department. 5.5.5. The Contractor shall remove all trash and litter as defined in section 4.17, prior to mowing. Trash and litter will be disposed in an approved and lawful manner. The cost of the disposal will be included in the mowing cost of each parcel, not as a separate charge 5.5.6. Work orders deemed "an immediate mow" will be paid at the base price for the parcel plus 20%to compensate for the immediate time requirement. The Director, Superintendent, or Supervisor of the Code Compliance Department may authorize immediate mowing of properties. 5.5.7. Vacant properties that have been identified as having a history of multiple mows may have a work order automatically generated. It is the responsibility of the Contractor to ensure that weeds, grass and uncultivated growth that exceed a height of twelve (12) inches and meet all terms and specifications of this Agreement. 5.5.8. Railroad property, utility easements and property in the trusteeship of the City will not be mowed unless approved by a Code Compliance Official. A cost estimate must be submitted and approved prior to mowing. 5.6. Rejection of Contractor's Work 5.6.1. The City will evaluate completed work utilizing both photographic and visual measures. The Code Compliance Official reserves the right to judge and interpret the quality of the photographs submitted. 5.6.2. Work will be rejected and payment denied for work performed that is not in accordance with Sections 5.3, 5.4 and 5.5 that includes, but not limited to: 5.6.2.1. Missing or inadequate photographic evidence. 5.6.2.2. Missing or incomplete work orders. 5.6.2.3. Mowing of incorrect parcels. 5.6.2.4. Mowing of only the right-of-way, easements, parkways, or alleyways without written approval from a Code Compliance Official. 5.6.2.5. Incomplete or inadequate mowing of assigned work orders. 5.6.3. Contractor's Appeal of Rejected Work Orders 5.6.3.1. Contractor may appeal any rejected work to a Code Compliance Official. Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page 1 5.6.3.2. It is the Contractor's responsibility to submit any documentation necessary in support of the appeal. 5.6.3.3. All final decisions and agreements will be in writing and provided to the Contractor. Rejected work may be redone and new photographic evidence taken and submitted for evaluation at no additional expense to the City. 5.7. Point of Contact 5.7.1. Contractor shall designate at least one (1) person as Point of Contact with office phone or cell phone number for accessibility. 5.7.2. Contractor's Point of Contact shall respond to calls or voicemails within one (1) hour during normal business hours. 5.7.3. The person designated for this purpose shall be identified in the bid submittals. 5.7.4. Notification of any changes in contact numbers or personnel shall be in writing, and faxed (817-392-2249) or hand delivered to the Code Compliance Contract Administrator. 5.8. Other Provisions 5.8.1. Contractor shall secure all permits and licenses imposed by laws and ordinance, pay all charges and fees, and give all notices necessary and incidental to the due and lawful protection of the work regarding the obstruction of streets and driveways, maintaining signals and open passageways, and protecting the same where exposed. 5.8.2. 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 (Phone 817-392-6567 or Fax 817-392-2249) within two (2) hours after occurrence. 5.8.3. Contractor shall be responsible for providing, maintaining and transporting all necessary laborers, equipment, and fuel for its use in connection with the program of mowing described herein. 5.8.4. Contractor shall train sub-contractors or employees to use the safest methods and equipment available in transporting, mowing, cutting and cleaning operations. 5.8.5. All of the Contractor's equipment will be maintained in safe operating condition. 5.8.6. Contractor shall take precautions at all times for protection of person and property. Safety provision of all applicable laws and ordinances shall be strictly observed. 5.9. Non-Performing Contractor(s) 5.9.1. Contractor acknowledges that an Incident Report Form will be used to document issues of non-performance related to this Agreement. Repeated issues of performance of the same type (failure to turn in mowing tickets, refusal of work, etc.) will result in: 5.9.1.1. First Occurrence: When a Contractor fails to perform according to the Agreement and/or specification, the Code Compliance Department Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page ] Director or designee, will document in writing the issues to the Contractor and arrange a meeting to discuss the problem(s). The resolution, as agreed upon by the Code Compliance Department and the Contractor, shall be documented in writing and signed by both parties. A copy of the resolution will be forwarded to the Purchasing Division. 5.9.1.2. Second Occurrence: If Contractor's performance remains unsatisfactory, the Code Compliance Department will notify the Purchasing Division. The Purchasing Division will arrange a meeting to discuss the problem(s) with the Code Compliance Department, the Contractor, and Purchasing Division's designee. The Purchasing Division's designee will attempt to resolve the problem(s) at the Purchasing Division level. The Purchasing Division Designee, as agreed upon by the Code Compliance Department, the Contractor, and the Purchasing Division, will document the resolution in writing. The "Cure Notice" letter will be mailed certified to the Contractor. Once the Contractor has received the certified letter, it will be the Contractor's responsibility to sign the "Cure Notice" letter and return it to the Purchasing Division in a timely manner. Once Purchasing Division receives the signed "Cure Notice", copies will be forwarded to the Code Compliance Department. Once the Code Compliance Department receives the copies of the "Cure Notice" from Purchasing Division the department will begin issuing work orders to the Contractor(s). 5.9.1.3. Third Occurrence: If Contractor's performance remains unsatisfactory, the Purchasing Manager and the Code Compliance Department Director will make a joint determination to cancel the Agreement per terms and conditions of the contract. Purchasing will proceed to obtain a substitute Contractor in accordance with the Purchasing policy. Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page 1 EXHIBIT A Attachment A ATTACHMENT A Property identification Sign 36" Date Mowed 24" TAD No Violation No. 12" 72" 12" Pole Body 2"Die x 6'Ht 12" 1T Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page 1 EXHIBIT B PRICE SCHEDULE Prices for each parcel or land or property shall be calculated on the numbers set forth below: Parcel size of Parcel size less than 8500 Parcel size of 8500 sq. greater than 1 s . feet feet to 1 acre acre $27.50 $55.14 $165.42 Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Page 1 EXHIBIT C CITY OF FORT WORTH BID SOLICITATION(ITB NO. 19-0061) Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page l FORTWORTH. ITB Cover Sheet CITY OF FORT WORTH/ PURCHASING DIVISION INVITATION TO BID NO. 19-0061 MOWING SERVICES FOR PRIVATE PROPERTIES BID CLOSING DATE: FEBRUARY 21, 2019 For further information contact: Sarah Czechowicz, Buyer FAX (817)392-8440; email: FMSPurchasingRes von ses(&-fortworthtexas.gov Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this solicitation. Completed Bids including one executed original, one copy and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., FEBRUARY 21, 2019, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager. YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand deliveredto the following address: City of Fort Worth, Purchasing Division, Lower Level, City Hall, 200 Texas Street, Fort Worth, Texas 76102 Bids delivered by special courier (i.e. Federal Express, Special Delivery etc.) are to be marked on the outside of the courier's shipping envelope "BID No. 19-0061, MOWING SERVICES FOR PRIVATE PROPERTIES" AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed; they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at anytime prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms, conditions and scope/specifications contained in this document. The period for acceptance of this bid will be 90 calendar days after the bid opening date. By signing below, I certify that I have read the attached Terms and Conditions, Instruction to Bidders and the Bid requirements and have agreed to all of the terms, conditions and requirements contained herein. Failure to complete the requested information below will result in resection of your bid. Company Name and Address: Federal ID Number(TIN): Company's Authorized Agent Name and Title Signature: Date: Telephone Number: Email address: Fax Number: Cooperative Purchasing: Should other Governmental entities decide to participate in this contract, would you, the Contractor, agree that all terms, conditions, specifications, and pricing shall apply(see section 11)? Yes No Pre-Bid Conference: A pre-bid conference will be held at 9:30 AM, Tuesday, February 12, 2019, at the Hazel Harvey Peace Center, Room 210 AB, located at 818 Missouri Avenue, Fort Worth, Texas, 76104 Contents: • Part— I : Bid Solicitation/Offer • Part— II : Instruction to Bidders • Part— III : Scope of Services/Specifications • Part— IV : Standard Purchasing Terms and Conditions • Part—V : Attachments Revised 6.25.18cg Page 1 of 1 BID SOLICITATION Printed:02/04/2019 Bid f PENING DATE ANU:TIME: 2/2172019:1:30 00,PM BID: 4timm .1M061 BUYER:Sarah Czechowicz PHONE#: (817)392-2462 DELIVERY REQUIRED:2/6/2019 V Vendor Name: City of Ft Worth N Address: Administration 818 Missouri City,State Zip Code: ?' Fort Worth TX 76104 R T, Item Class-Item Quantity Unit Unit Price Total 4.000 The City of Fort Worth seeks bids from qualified vendors to establish non- exclusive annual agreements to provide mowing services for private owned properties for the Code Compliance Department on an as needed basis in accordance with the specifications.The term of the Agreement shall be for a one-year(1)period,with four(4)options to renew for additional one-year periods. A pre-bid conference will be held at 9:30 AM,Tuesday,February 12,2019, at the Hazel Harvey Peace Center,Room 210 AB,located at 818 Missouri Avenue,Fort Worth,Texas,76104. FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL IMPACT A POTENTIAL VENDOR'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE. ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. 1.000 Work Orders less than 8,500 sq.ft.,per attached specifications. 3900 EA 2.000 Work Orders greater than 8,500 sq.ft.and less than 1 Acre,per attached 4150 EA specifications. 3.000 Work Orders greater than or equal to 1 Acre,per attached specifications. 150 EA Unit of measure(EA)=per acre or portion mowed Ex.$70/Acre x 1.4 Acres mowed=$98 TOTAL: WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 90 DAYS. TERM OF PAYMENT: COMPANY: DELIVERY: SIGNATURE: TELEPHONE NUMBER: NAME AND TITLE: PART- II INSTRUCTION TO BIDDERS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation. Bidders must use a complete Solicitation to prepare Bids. The City assumes no responsibility for any errors or misrepresentations that result from the use of incomplete Solicitations. 1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location and phone number for the Purchasing Division are specified in the advertisement and in the solicitation. 2.0 EXPLANATIONS OR CLARIFICATIONS 2.1 Any explanation, clarification, or interpretation desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division with sufficient time allowed for a written addendum to reach each Bidder before the submission of their Bid. Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.2 Requests for explanations or clarifications may be faxed to the City's Purchasing Division at (817)392-8440. The fax must clearly identify the Buyer's name and the Solicitation number. Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum to all Bidders who have been issued a Solicitation. 2.3 Unauthorized Communications: Bidders' contact regarding this Invitation to Bid (ITB)with employees or officials of the City other than the Purchasing Manager, the Minority and Women Business Enterprise (M/WBE)Office, or as otherwise indicated in the ITB is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Respondent shall have any contact or discussion, verbal or written, with any members of the City Council, City staff or City's consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except as herein provided. Any violation of this prohibition may result in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this ITB. 3.0 PRE-BID CONFERENCE- If a pre-bid conference is held, the time, place, and nature of the conference will be specified on the cover page of the solicitation. Attendance at pre-bid conferences is not mandatory. 4.0 PREPARATION OF BIDS Each Bidder must furnish all information required by a Solicitation on the documents provided. Bids submitted on other than the forms included in the Solicitation shall be considered non-responsive. Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 4.1 Taxes: Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. Bid No. 19-0061 Mowing Services for Private Properties 3 of 54 4.2 Brand Name or Equal: If the Solicitation indicates brand name or"equal" products are acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate those features that render it equal. Final determination of a product as"equal" remains with the City. 4.3 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated, the Bidder shall state its best delivery time. 4.4 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the Bidder's expense and risk, and there tender delivery to the City. Bids offering any other delivery terms are not acceptable and may be cause for rejection. 4.5 Prices: 4.5.1 Bids shall be firm priced offers unless otherwise specified. 4.5.2 Pricing shall be entered on the Bid Sheet in ink. 4.5.3 Totals shall be entered in the "Total Price" column of the Bid Sheet. 4.5.4 In the event of a discrepancy between unit price and extended price, the unit price shall govern. 4.5.5 Prices shall be offered in the Dollars of the United States of America (or decimal fractions thereof). 4.6 Signature: The Bidder must sign each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. 4.7 Bid Security: If a bid security is required for this purchase, the requirement will be reflected in the "Specification"section of the bid package. Cashier's check or an acceptable surety bond in the amount indicated in the Notice to Bidders must be submitted at the time the bid is submitted, and is subject to forfeiture in the event the successful bidder fails to execute the contract documents within 10 calendar days after the contract has been awarded. 4.7.1 To be an acceptable surety on the bond: 4.7.1.1 The name of the surety shall be included on the current Department of the Treasury's Listing of Approved Sureties (Department Circular 570); or 4.7.1.2 The surety must have capital and surplus equal 10 times the amount of the bond. The surety must be licensed to do business in the state of Texas. 4.8 Alternate Bids: Bidders may offer an "equal" product as an alternate bid. Final"approved equal" determination remains with the City. 4.9 Proprietary Information: 4.9.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 4.9.2 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to information that must be disclosed lies with the Texas Attorney General. 4.9.3 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. Bid No. 19-0061 Mowing Services for Private Properties 4 of 54 4.10 Bid Preparation Costs: All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 4.11 Payments:All payment terms shall be "Net 30 Days" unless otherwise specified in the bid document. 4.11.1 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at http://www.fortworthgov.org/purchasing/, click on "Automated Clearing House Setup" 4.12 SUBMISSION OF BIDS 4.13 Bid document: Unless otherwise specified, Bidders are required to submit a signed executed original and one scanned copy in flash drive. Bids must be submitted in a sealed envelope with the bid number written on the outside of the envelope. 4.14 Documents required with Bid: The following documents must be submitted with each Bid prior to the Due Date: 4.14.1 The completed and signed first page of this document; 4.14.2 The Price Offer in Bid Solicitation Sheet(s); and 4.14.3 Any other document included in the Solicitation requiring completion or execution by the Bidder. 4.15 Addenda: Receipt of an Addendum must be acknowledged by signing and returning the Addendum with the Bid if requested or under separate cover prior to the Due Date and Time. Addenda containing bid pricing should be returned in a sealed envelope marked on the outside with the Bidder's name, address, the Solicitation number, and the Due Date and time. 4.16 Late Bids: Bids must be received in the Purchasing Division prior to the Due Date and Time. All Bids received after the Due Date and Time are considered late and will be returned to the Bidder unopened. The time stamp clock on the receptionist's desk in the Purchasing Division is the time of record. It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the Purchasing Division. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies, or any other form of delivery service chosen by the Bidder. Bids delivered to a City location other than the Purchasing Division will not be considered. The Bid must be received by the Purchasing Division and stamped before deadline to be considered. 5.0 MODIFICATION OR WITHDRAWAL OF BIDS 5.1 Modification of Bids: Bids may be modified in writing at any time prior to the Due Date. 5.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the facsimile is signed by the Bidder)at any time prior to the Due Date. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the Due Date. A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the Due Date without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or without modifications, prior to the Due Date. The City may require proof of agency from the person withdrawing a bid. 6.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall personally and publicly open all Bids timely received, reading each bid aloud. 7.0 EVALUATION FACTORS AND AWARD Bid No. 19-0061 Mowing Services for Private Properties 5 of 54 7.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless otherwise specified). However, the City may evaluate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the City. Bids that specify an "all or none"award may be considered if a single award is advantageous. 7.2 Award. The Method of Award is detailed in Section 19 in Part III Scope of Services/Specifications 7.3 Acceptance of Bid: Acceptance of a Bid will be in the form of a Purchase Order or a Contract. Subsequent purchase releases may be issued as appropriate. The contents of a Bid shall become a part of the Contract. Under no circumstances will the City be responsible for Goods or Services provided without an acceptance signed by an Authorized City Representative. 7.4 Reservations: The City expressly reserves the right to: 7.4.1 Specify approximate quantities in the Solicitation; 7.4.2 Extend the Solicitation opening date and time; 7.4.3 Consider and accept alternate Bids, if specified in the Solicitation, when most advantageous to the City; 7.4.4 Waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 7.4.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bidder); 7.4.6 Add additional terms or modify existing terms in the Solicitation; 7.4.7 Reject a bid because of unbalanced unit prices bid; 7.4.8 Reject or cancel any or all Bids; 7.4.9 Reissue a Solicitation; 7.4.10 Procure any item by other means; and/or 7.4.11 Award to multiple Contractors on a non-exclusive award basis, or primary and secondary Contractors. 8.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS 8.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 8.2 Payment and/or Performance Bonds: When Payment and/or Performance Bonds are required,the successful Bidder must provide the bonds, in the amounts and on the conditions required, within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 8.3 Minority Business Enterprise(MBE) Documents: If an MBE goal has been established for the bid, the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within two (2) City business days after the bid opening date, exclusive Bid No. 19-0061 Mowing Services for Private Properties 6 of 54 of the bid opening date, to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 8.4 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution, the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. 9.0 PROTEST PROCEDURE 9.1 Contractors who respond to Invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 9.2 The Contractor must submit any protest in writing to the Purchasing Manager within 14 days after the Contractor knows, or should have known, of the facts relating to the proposed action or award. 9.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing action through telephone discussions, mail, email or in person meetings with the protesting Contractor. 9.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting Contractor of the right to review by a panel made up of City staff. 9.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department, the Purchasing Manager and any other appropriate personnel or employees of the operating department. 9.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the Contractor does not agree, the protesting Contractor will be invited to attend the City Council meeting at which the recommended award is to be presented to the City Council and make known his/her concerns. The protesting Contractor will be instructed to arrive prior to the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document(M&C) in question. 9.6.1 Contractors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: http://fortworthtexas.gov/citysecretary/info/default.aspx?id=2914 on the City's website. 10.0 COOPERATIVE PURCHASING 10.1 Should other governmental entities decide to participate in this contract, bidder, shall indicate in their proposals whether they agree that all terms, conditions, specification, and pricing would apply. 10.1 If the successful bidder agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental entities within utilizing Contracts with the City of Fort Worth shall be eligible, but not obligated, to purchase material/services under this contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Fort Worth shall be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth shall not be responsible for another governmental entity's debts. Each governmental entity shall order its own material/services as needed Bid No. 19-0061 Mowing Services for Private Properties 7 of 54 PART -III SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City)seeks bids to finalize a non-exclusive Agreements for Mowing Services for Private Properties as described herein on an "as needed basis for the Code Compliance Department. The City intends to award multiple agreements to provide full coverage of service for the City. The successful bidder(s), known hereafter as "Contractor"/"Contractor." 1.2 This Agreement shall begin on the date stated in Purchase Order("Effective Date")and shall expire on upcoming September 30th, ("Expiration Date"), unless terminated earlier in accordance with this Agreement("Initial Term"). Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same terms and conditions for up to four(4) one-year renewal periods (October 1 to September 30) and for a fifth renewal period which shall expire on completion of total five year duration, unless City or Contractor provides the other party with notice of non-renewal at least 60 days before the expiration of the Initial Term or renewal period. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor/Contractor. 1.3 Following the award, additional services of the same general category that could have been encompassed in the award of this Agreement, and that are not already on the Agreement, may be added based on the discount bid and price sheet provided with the bid. 1.4 Unit prices shall include all costs associated with the specified work, including but not limited to handling, delivery, fuel charges, fees and certifications fees. No additional charges will be accepted or paid by the City. 1.5 All items supplied resulting from this bid shall be of recent production, unused, and suitable for their intended purpose. 1.6 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 2.0 DETAILED SCOPE OF SERVICES/SPECIFICATIONS The Contractor hereby agrees to provide the City with requirements attached hereto and incorporated for all purposes incident to this Agreement in Attachment "G", Scope of Services/Specifications, more specifically describing the services to be provided hereunder. 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP 3.1 The Contractor shall notify the 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 the company 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 do so may adversely impact future invoice payments. Bid No. 19-0061 Mowing Services for Private Properties 8 of 54 4.0 LAWS, REGULATIONS, AND ORDINANCES 4.1 The Contractor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property. This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency(EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Contractor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Contractor to comply. 5.0 INVOICING REQUIREMENTS 5.1 All invoices should be submitted directly to the requesting department. It is the responsibility of the Contractor to get the name of the responsible person, telephone numbers and address of the department's division at the time the service is requested. The requesting department is required to issue a purchase order number to the Contractor during this process. 5.2 Department determines that the work was accomplished in accordance with the terms and specifications of the Agreement. 5.3 An invoice is considered payable when a Code Compliance officer has completed a visual inspection and determined that the work was accomplished. The City will make payments within 30 days from the date of acceptance of work. 5.3.1 A properly prepared invoice shall be typewritten or computer printed and shall include: 5.3.2 Contractor name, address, phone number, and invoice number. 5.3.3 City issued purchase order number. 5.3.4 Violation, Tarrant Appraisal District(TAD) number and invoice number. 5.3.5 Date the parcel of land was mowed. 5.3.6 Address and size of the parcel of land mowed. 5.3.7 Bid price for mowing the parcel of land and the total payment due. 5.3.8 Unpaid invoices and/or appeals for work performed must be resolved within 14 days of the invoice date. No previous year invoices will be paid after October 15th. 5.4 In the event the City overpays or erroneously pays an invoice, the City reserves the right to seek reimbursement for those payments. The City may withhold future payments in the amount in question to compensate for overpays or erroneous payments provided: 5.4.1 The Contractor is notified in writing within twenty(20)working days of the invoice's approval date of the alleged overpay or erroneous payment and the work order number, the amount being withheld, and an explanation. 5.4.2 The Contractor has the right to appeal the forfeiture. The appeal must be received within fifteen (15)working days upon the date of the Department's notification. 5.4.3 The City will reimburse all outstanding payments withheld if the Contractor's appeal is determined to be valid. 5.4.4 It is the responsibility of the Contractor to institute an accounting system to ensure invoices are not submitted for payment more than one (1) time. Bid No. 19-0061 Mowing Services for Private Properties 9of54 6.0 UNIT PRICE ADJUSTMENT 6.1 The unit prices may be adjusted for increases or decreases in Contractor's cost during the renewal period but before the effective date of the renewal upon written request from the Contractor. 6.2 The Contractor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Contractor shall provide written proof of cost increases with price adjustment request. 6.3 If the City concludes that the rate increase being requested is exorbitant, the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to exercise the renewal option, the Purchasing Division will issue a new solicitation. 6.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs. 6.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. 6.6 Upon expiration of the Agreement term the successful bidder, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the city to re- bid an agreement, not to exceed ninety(90)days. Contractor will be reimbursed for this service at the prior agreement rate(s). Contractor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. 6.7 Goods and/or services shall not be suspended by the Contractor without a 30 day prior written notice to the City. 7.0 QUANTITIES 7.1 The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. 8.0 INSURANCE REQUIREMENTS 8.1 The Contractor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement. The Contractor shall file with the City of Fort Worth Purchasing Division, prior to the commencement of services, a certificate of insurance documenting the following required insurance. 8.1.1 Failure to provide such information within five (5) calendar days may be grounds for Agreement termination. 8.2 Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Contractor to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 8.2.1 Statutory Workers' Compensation Insurance and Employer's Liability Insurance at the following limits: Bid No. 19-0061 Mowing Services for Private Properties 10of54 $100,000 Each Accident $500,000 Disease—Policy limit $100,000 Disease—Each Employee This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers'Compensation Act(Art. 8308— 1.01 et seq. Tex. Rev. Civ. Stat.)and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. 8.2.2 Commercial General Liability Insurance including Explosion, Collapse, and Underground Coverage shall be provided as follows: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Coverage shall include but not be limited to the following: premises/operations, independent Contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. 8.2.3 Auto Liability Insurance shall be provided as follows: $1,000,000 Combined Single Limit Each Accident A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 8.2.4 The Contractor shall furnish the Purchasing Manager, with a certificate of insurance documenting the required insurance prior to the commencement of services. 8.2.5 Policies shall be endorsed to provide the City of Fort Worth a thirty- (30)day notice of cancellation, material change in coverage, or non-renewal of coverage. 8.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear(ATIMA). 9.0 ADDITIONAL INSURANCE REQUIREMENTS 9.1 The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. 9.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be received before Contractor can begin work. Failure to supply and maintain such insurance shall be a breach of contract. Contractor shall provide complete copies of all insurance policies required by this Agreement. Certificates of insurance must be supplied to: Financial Management Services Department Attention: Purchasing Division Bid # 19-0061 200 Texas Street, Fort Worth, Texas 76102 Bid No. 19-0061 Mowing Services for Private Properties 11 of 54 9.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the City a minimum 30 day notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten (10)day notice shall be acceptable in the event of non-payment of premium. 9.4 Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. 9.5 Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 9.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. 9.7 Workers' compensation insurance policy(s)covering employees of the Contractor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 9.8 City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance 9.9 Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 9.10 While the purchase order is in effect, Contractor shall report, in a timely manner, to the Purchasing Department any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. 9.11 Contractor's liability shall not be limited to the specified amounts of insurance required herein. 10.0 PERFORMANCE 10.1 Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Contractor's obligation with respect to such performance shall continue in full force and effect. 11.0 COMPLAINTS 11.1 Complaints processed through the City Purchasing Division are to be corrected within fourteen (14)days of formal notice of complaint. Written response to the Purchasing Division is required. Failure to properly resolve complaints within the fourteen (14)calendar day time period may result in the cancellation of the applicable line item(s) in the price agreement. 12.0 SUBCONTRACTING 12.1 Subcontracting of the work under this Agreement will be allowed but all invoicing, documentation and communication must come from an awarded bidder. 13.0 DELIVERY 13.1 Delivery shall be F.O.B. Destination and all other delivery charges shall be included in the unit price. The person placing the order will provide delivery and billing information. No additional charges for expenses, freight, mileage, time, or similar items will be accepted or paid by the City. Bid No. 19-0061 Mowing Services for Private Properties 12 of 54 13.2 There may be instances when the Contractor may be asked to accelerate delivery of an order(s)due to extenuating circumstances. When this occurs, the Contractor will be expected to provide this service at no additional cost. 13.3 In the event the Contractor is unable to meet the original delivery date(s), the City must be contacted immediately, but prior to the due date, and seek an extension of delivery time. Failure to comply with the delivery terms may be legal grounds for canceling an order(s), or the entire Agreement in accordance with the Termination Clause shown elsewhere in the solicitation. 13.4 Delivery tickets must include the City's Blanket Order Number and the ordering department's Release Number. 13.5 Delivered items that are determined to be defective or not meeting bid specifications shall be picked up and replaced by the Contractor, or the Contractor's designee, at no cost to the City. If the item (s) are not picked up within one (1)week after notification, the item shall become a donation to the City for disposition. 13.6 Material Safety Data Sheets 13.6.1 A Material Safety Data Sheet (MSDS)for each toxic or hazardous substance or mixture containing such substance, pursuant to Revised Statutes Annotated (RSA) Chapter 277-A(277-A), shall accompany each delivery. Delivery of toxic or hazardous substance or mixtures containing such substance without MSDS sheets shall not be accepted. Delivered containers shall be properly labeled pursuant to RSA 277-A. 13.6.2 Failure to submit the required MSDS sheets and/or label each container in accordance with RSA 277-A, shall place the Contractor in non-compliance and shall result in civil or criminal penalties. The Contractor furnishing substances or mixtures subject to RSA 277-A, is responsible for adhering to and being in compliance with this law. Failure to comply with RSA 277-A, shall result in the cancellation of an order. 14.0 WARRANTY 14.1 The Contractor shall provide a warranty to include at a minimum, but not limited to the following: 14.1.1 In addition to any other warranties in this contract, the Contractor warrants that all work and products supplied under this agreement conforms to the agreement requirements and is free from any defect in workmanship, equipment, material, or design furnished by the Contractor or any supplier at any tier. 14.1.2 Contractor agrees to repair or replace promptly, on a one-for-one basis without additional cost to the City of Fort Worth, any and all defective work and products. The City defines "prompt" repair or replacement to be within twenty-four(24) hours after notification by authorized City personnel. 14.1.3 This warranty shall continue for a period of 90 days from date of acceptance of products and work by the City. 14.1.4 The Contractor shall remedy at the Contractor's expense any non-conforming or defective products or work. In addition, the Contractor shall remedy at Contractor's expense any damage to real or personal property owned by the City of Fort Worth, when that damage is the result of a defect of products furnished. 14.1.5 The Contractor's warranty with respect to products repaired or replaced will run for 90 days from date of installation and acceptance of such by the City. Bid No. 19-0061 Mowing Services for Private Properties 13 of 54 14.1.6 The City of Fort Worth shall notify the Contractor, within a reasonable time after the discovery of any failure, defect, or damage. 14.1.7 If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the City of Fort Worth shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. 14.1.8 This warranty shall not include failures attributable to accident, fire, or negligence on the part of City personnel. 14.2 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: 14.2.1 Obtain all warranties that would be obtained in normal commercial practice; 14.2.2 Enforce all warranties for the benefit of the City of Fort Worth. 15.0 SAFETY 15.1 The Contractor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property. This includes, but is not limited to, all licenses, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency(EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality(TCEQ). 16.0 HAZARDOUS CONDITIONS 16.1 The Contractor is required to notify the City immediately of any hazardous conditions and/or damage to City property. 17.0 CONTRACT ADMINISTRATION 17.1 Contract administration will be performed by the City Department. In the event the Contractor fails to perform according to the terms of the agreement, The Department head or his/her designee will notify the Contractor, in writing, of its failures. A meeting may be arranged to discuss the Contractor's deficiencies. A written cure notice may be prepared giving the Contractor 14 calendar days to cure any deficiency. 17.2 In the event the Contractor continues with unsatisfactory performance, the department will promptly notify the Purchasing Manager who will take appropriate action to cure the performance problem(s), which could include cancellation, termination for convenience or default. If the agreement is terminated for default, the Contractor may be held liable for excess cost and/or liquidated damages. 17.3 The Contractor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City. 17.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subContractors to cease work. Subject to the terms of this agreement, the Contractor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the City using its standard record keeping system, have resulted from the termination. However, in no event shall the total of all amounts paid to the Contractor exceed the agreement price. The Bid No. 19-0061 Mowing Services for Private Properties 14of54 Contractor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 18.0 BIDDERS QUALIFICATIONS 18.1 The following information must be submitted as part of the bid package and shall be supplied in the following order: 18.1.1 Bidder's background, services provided and number of years in business. 18.1.2 Bidders shall provide evidence that they are duly qualified and capable to fulfill and abide by the requirements listed herein with the bid.The bidder shall demonstrate its ability to secure and perform the services within the delivery requirements specified herein. The right is reserved to thoroughly inspect and investigate the establishment,facilities, business reputation, and other qualification of any bidder and reject any bid, irrespective of price, if it shall be determined lacking in any of the essentials necessary to assure acceptable standards of performance. 18.1.3 In order to receive bid award consideration, the bidder shall maintain sufficient resources to fulfill normal City of Fort Worth requirements. 18.1.4 Bidders shall provide a reference list of a minimum of three (3) current customers (comparable in size)who the bidder has recently supplied subject item(s)on a continuing basis over a recent twelve (12) month period. 19.0 METHOD OF AWARD 19.1 Bids will be evaluated based on the bidder who offers represents the"best value"to the City. The following criteria will be considered to determine the best value: 19.1.1 Cost of service- Maximum 35 points 19.1.2 Reputation of contractor and services offered in the marketplace—provide three (3) references with similar sized cities—Exhibit A- Maximum 20 points 19.1.3 Quality of bidders services and equipment listed—Exhibit B—List of Machinery and Equipment- Maximum 10 points 19.1.4 Extent to which the services offered meet the City's needs and specifications listed— Maximum 25 points 19.1.5 Bidder's past relationship/performance with the City- Maximum 10 points 19.2 In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards. 19.3 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. 19.4 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 19.5 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself, another municipal corporation of like size, or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Contractor failure or inability to furnish items within the Bid No. 19-0061 Mowing Services for Private Properties 15 of 54 prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. 19.6 Any Bid that does not include a bid for ALL of the locations, items, services on the Bid Solicitation form may be rejected. The bid award will based on a best value model. The evaluation factors listed above will be applied in a comparative manner to all eligible, responsive bids. Award may be made without discussion with Bidders after bids are received. Bids should, therefore, be submitted on the most favorable terms. 19.7 Tentative Schedule of Events: ITB Release Date February 6, 2019 Pre-Proposal Conference February 12 at 9:30 AM (Local Time) Deadline for Questions February 13, 2019 at 5:00 PM (Local Time) Answers Posted February 15, 2019 ITB Due Date February 21, 2019 by 1:30 PM (Local Time) Proposal Evaluations February 21-28, 2019 Recommended Contractor Selection March 7, 2019 Mayor and Council Consideration April 2, 2019 20.0 BIDS 20.1 Bidders shall submit the following items with their bid: 20.1.1 A completed and signed original Invitation to Bid (ITB)form; 20.1.2 A completed and signed original Bid Solicitation form; 20.1.3 A completed and signed original Conflict of Interest Questionnaire, Attachment A; 20.1.4 A completed Bidder's Contact Information Form,Attachment B; 20.1.5 A completed Consideration of Location of Bidder's Principal Place of Business, Attachment C, if applicable; 20.1.6 A completed Reference Sheet, Attachment D; 20.1.7 A completed and signed original List of machinery and Equipment, Attachment E. 20.1.8 A completed and signed original Contractor Contract Information form, Attachment F. 20.1.9 All items listed in Section 18.0, Bidder Qualifications; 20.1.10 Scanned copy of all documents listed in paragraph 20.1 in flash drive. 20.1.11 Three (3)copies of all documents listed in paragraph 20.1. 20.2 Failure to submit the items listed in paragraph 20.1 may be grounds for rejection of a bid as non-responsive to the specifications. 21.0 QUESTIONS 21.1 Questions, explanations or clarifications desired by a Contractor regarding any part of the bid must be requested in writing from the Purchasing Division by 5:00 PM on February 13, 2019 Instructions: Deadline cannot be less than 8 business days before the closing). Interpretations, corrections or changes to the bid made in any other manner are not binding upon the City, and Contractors shall not rely on such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Agreement are not binding. 21.2 IN ORDER FOR THE QUESTION TO BE ANSWERED, ALL QUESTIONS MUST BE HAND DELIVERED OR SENT BY E-MAIL TO THE ADDRESS BELOW OR FAXED TO THE TELEPHONE NUMBER BELOW AND MUST BE IDENTIFIED AS LISTED BELOW: Bid No. 19-0061 Mowing Services for Private Properties 16 of 54 21.2.1 Hand Delivery must be submitted to the Purchasing 21.2.2 Email questions to: FMSPurchasingResponses(a)-fortworthtexas.gov Please include the bid number, name of the bid and (Sarah Czechowicz) in the subject line. Please note, if an e-mail confirming receipt of your e-mail is not received within 1 business day, please contact City of Fort Worth Purchasing at 817-392-2462. 21.2.3 Facsimile: (817) 392-8440, Attention: Sarah Czechowicz and Bid NO 19-0061, Bid No.19-0061 Mowing Services for Private Properties 17of54 PART -IV CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS 1.0 DEFINITION OF BUYER The City of Fort Worth, its officers, agents, servants, authorized employees, Contractors and subContractors who act on behalf of various City departments, bodies or agencies. 2.0 DEFINITION OF SELLER The consultant, Contractor(s), supplier, Contractor(s)or other provider of goods and/or services, its officers, agents, servants, employees, Contractors and subContractors who act on behalf of the entity under a contract with the City of Fort Worth. 3.0 PUBLIC INFORMATION Any information submitted to the City of Fort Worth (the "City') may be requested by a member of the public under the Texas Public Information Act. See TEX. GOV'T CODE ANN. §§ 552.002, 552.128(c) (West Supp. 2006). If the City receives a request for a Seller's proprietary information, the Seller listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Seller believes that its information may not lawfully be released. If Seller does not make arguments or the AG rejects the arguments Seller makes, Seller's information will be released without penalty to the City. 4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land, materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter) 5.0 ORDERS 5.1 No employees of the Buyer or its officers, agents, servants, Contractors or subContractors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the Buyer. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's Purchasing Division will place such orders. 5.2 Acceptance of an order and delivery on the part of the Seller without an approved contract number, purchase order number, or release number issued by the Buyer may result in rejection of delivery, return of goods at the Seller's cost and/or non-payment. 6.0 SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a) Seller's name and address: (b) Consignee's name, address and purchase order or purchase change order number; (c) Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. Bid No. 19-0061 Mowing Services for Private Properties 18of54 7.0 SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 8.0 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 9.0 DELIVERY TERMS AND TRANSPORTATION CHARGES Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for transportation costs in the amount specified in Seller's proposals or actual costs, whichever is lower, if the quoted delivery terms do not include transportation costs; provided, Buyer shall have the right to designate what method of transportation shall be used to ship the goods. 10.0 PLACE OF DELIVERY The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 11.0 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall be responsible for all charges for the return to Seller of any goods rejected as being nonconforming under the specifications. 12.0 INVOICES 12.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order after each delivery. Invoices shall indicate the purchase order or purchase change order number. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's Department and address as set forth in the block of the purchase order, purchase change order or release order entitled "Ship to." Payment shall not be made until the above instruments have been submitted after delivery and acceptance of the goods and/or services. 12.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The Buyer shall furnish a tax exemption certificate upon Seller's request. 13.0 PRICE WARRANTY 13.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller warrants to be no higher than Seller's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the prices contained in Seller's proposals, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without any liability to Seller for breach or for Seller's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 13.2 Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting employees of an established commercial or selling agency that is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount thereof. Bid No. 19-0061 Mowing Services for Private Properties 19 of 54 14.0 PRODUCT WARRANTY Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications, drawings, and descriptions, Buyer's specifications shall govern. 15.0 SAFETY WARRANTY Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense. Where no correction is or can be made, Seller shall refund all monies received for such goods within thirty (30) days after request is made by Buyer in writing and received by Seller. Notice is considered to have been received upon hand delivery, or otherwise in accordance with Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach and cause this contract to terminate immediately. 16.0 SOFTWARE LICENSE TO SELLER If this purchase is for the license of software products and/or services, and unless otherwise agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software. This software is "proprietary" to Seller, and is licensed and provided to the Buyer for its sole use for purposes under this Agreement and any attached work orders or invoices. The City may not use or share this software without permission of the Seller; however Buyer may make copies of the software expressly for backup purposes. 17.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY 17.1 The SELLER warrants that all Deliverables, or any part thereof, furnished hereunder, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes (in this Section each individually referred to as a "Deliverable" and collectively as the "Deliverables,") do not infringe upon or violate any patent, copyrights, trademarks, service marks, trade secrets, or any intellectual property rights or other third party proprietary rights, in the performance of services under this Agreement. 17.2 SELLER shall be liable and responsible for any and all claims made against the City for infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property rights by the use of or supplying of any Deliverable(s) in the course of performance or completion of, or in any way connected with providing the services, or the City's continued use of the Deliverable(s) hereunder. 17.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trade mark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it being understood that this agreement to indemnify, defend, settle or pay shall not apply if the City modifies or misuses the Deliverable(s). So long as SELLER bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, SELLER 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 the City's interest, and City agrees to cooperate with SELLER in doing so. In the event City, for whatever Bid No. 19-0061 Mowing Services for Private Properties 20 of 54 reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under this Agreement, the 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, SELLER shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give SELLER timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall not eliminate SELLER's duty to indemnify the City under this Agreement. If the Deliverable(s), 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, SELLER shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s) with equally suitable, compatible, and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to SELLER, terminate this Agreement, and refund all amounts paid to SELLER by the City, subsequent to which termination City may seek any and all remedies available to City under law. 18.0 OWNERSHIP OF WORK PRODUCT Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes, methods, programs, and manuals that were developed, prepared, conceived, made or suggested by the Seller for the City pursuant to a Work Order, including all such developments as are originated or conceived during the term of the Contract and that are completed or reduced to writing thereafter (the "Work Product") and Seller acknowledges that such Work Product may be considered "work(s) made for hire" and will be and remain the exclusive property of the City. To the extent that the Work Product, under applicable law, may not be considered work(s) made for hire, Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller may have in any Work Product or any tangible media embodying such Work Product, without the necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of its Contractors hereby waives any property interest in such Work Product. 19.0 NETWORK ACCESS The City owns and operates a computing environment and network (collectively the "Network"). If Seller requires access, whether onsite or remote, to the City's network to provide services hereunder, and the Seller is required to utilize the Internet, Intranet, email, City database, or other network application, Seller shall separately execute the City's Network Access Agreement prior to providing such services. A copy of the City's standard Network Access Agreement can be provided upon request. 20.0 CANCELLATION Buyer shall have the right to cancel this contract immediately for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which Buyer may have in law or equity. 21.0 TERMINATION The performance of work or purchase of goods under this order may be terminated in whole or in part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice of Termination" specifying the extent to which performance of work or the goods to be purchased under Bid No. 19-0061 Mowing Services for Private Properties 21 of 54 the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of any other termination rights of Buyer as set forth herein. 22.0 ASSIGNMENT/DELEGATION No interest, obligation or right of Seller, including the right to receive payment, under this contract shall be assigned or delegated to another entity without the express written consent of Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights, interests, or obligations to another entity. The documents that may be requested include, but are not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form W-9 to verify tax identification number, etc. Buyer reserves the right to withhold all payments to any entity other than Seller, if Seller is not in compliance with this provision. If Seller fails to provide necessary information in accordance with this section, Buyer shall not be liable for any penalties, fees or interest resulting therefrom. 23.0 WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration in writing and is signed by the aggrieved party. 24.0 MODIFICATIONS This contract can be modified or rescinded only by a written agreement signed by both parties. 25.0 THE AGREEMENT In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement between Buyer and Seller shall consist of these Standard Terms and Conditions together with any applicable proposal documents published by the Buyer and Seller's Response to such proposal (the "contract documents"). This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a course of performance under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall control. In the event of a conflict between the contract documents, the order of precedence shall be these Standard Terms and Conditions, the Buyer's published proposal documents and the Seller's response. If Buyer and Seller have otherwise negotiated a contract, this Agreement shall not apply. 26.0 APPLICABLE LAW/VENUE This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform Commercial Code" or "UCC" is used. It shall be construed as meaning the Uniform Commercial Code as adopted and amended in the State of Texas. Both parties agree that venue for any litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract shall be governed, construed and enforced under the laws of the State of Texas. 27.0 INDEPENDENT CONTRACTOR(S) Seller shall operate hereunder as an independent Contractor(s) and not as an officer, agent, servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, Contractors and sub- Contractors. The doctrine of respondeat superior shall not apply as between Buyer and Seller, its officers, agents, employees, Contractors and subContractors. Nothing herein shall be construed as creating a Bid No. 19-0061 Mowing Services for Private Properties 22 of 54 partnership or joint enterprise between Buyer and Seller, its officers, agents, employees, Contractors and subContractors. 28.0 LIABILITY AND INDEMNIFICATION, 28.1 LIABILITY - SELLER 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 SELLER, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 28.2 INDEMNIFICATION SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY (ALSO REFERRED TO AS BUYER), ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND 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 SELLER'S BUSINESS, AND ANY RESULTING LOST PROFITS) PERSONAL INJURY, INCLUDING DEATH,TO ANY AND ALL PERSONS, AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF SELLER, ITS OFFICERS, AGENTS, SUBCONTRACTOR(S)S, SERVANTS OR EMPLOYEES. 29.0 SEVERABILITY In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, which agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 30.0 FISCAL FUNDING LIMITATION In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then Buyer will immediately notify Seller of such occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 31.0 NOTICES TO PARTIES Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to have been delivered three (3) business days following the day such notice is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to Purchasing Manager, City of Fort Worth, Purchasing Division, 200 Texas Street, Fort Worth, Texas 76102. Notices to Seller shall be conclusively determined to have been delivered three (3) business days following the day such notice is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to the address given by Seller in its response to Buyer's invitation to proposals. Or if sent via express courier or hand delivery, notice is considered received upon delivery. 32.0 NON-DISCRIMINATION This contract is made and entered into with reference specifically to Chapter 17, Article Ill, Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents, Contractors or subContractors, have fully complied with all provisions of same and that no employee, participant, applicant, Contractor(s)or subContractor(s)has been discriminated against according to the terms of such Ordinance by Seller, its employees, officers, agents, Contractor(s)or subContractors herein. Bid No. 19-0061 Mowing Services for Private Properties 23 of 54 33.0 IMMIGRATION NATIONALITY ACT City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Contractor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Contractor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Contractor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Contractor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 34.0 HEALTH. SAFETY. AND ENVIRONMENTAL REQUIREMENTS Services, products, materials, and supplies provided by the Seller must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and inspections necessary to provide the products or to perform the services hereunder. Seller shall indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall have the right to immediately terminate this Agreement for violations of this provision by Seller. 35.0 RIGHT TO AUDIT Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration of three (3) years after final payment under this contract, and at no additional cost to Buyer, have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents, papers and records of the Seller involving transactions relating to this contract, including any and all records maintained pursuant to Section 31 of this Agreement. Seller agrees that the Buyer shall have access, during normal working hours, to all necessary Seller facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of any copying in accordance with the standards set forth in the Texas Administrative Code. The Buyer shall give Seller reasonable advance written notice of intended audits, but no less than ten (10) business days. 36.0 DISABILITY In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller warrants that it and any and all of its subContractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Seller or any of its subContractors. Seller warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold Buyer harmless against any claims or allegations asserted by third parties or subContractors against Buyer arising out of Seller's and/or its subContractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 37.0 DISPUTE RESOLUTION If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation Bid No. 19-0061 Mowing Services for Private Properties 24 of 54 upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 38.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering 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, Seller certifies that Seller's signature provides written verification to the City that Seller: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. Revised August 31, 2017. Bid No. 19-0061 Mowing Services for Private Properties 25 of 54 EXHIBIT D CONTRACTOR'S RESPONSE TO CITY OF FORT WORTH ITB NO. 19-0061 Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page 20 of 25 FORTWORTH. ITB Cover Sheet CITY OF FORT WORTH/PURCHASING DIVISION INVITATION TO BID NO. 19-0061 MOWING SERVICES FOR PRIVATE PROPERTIES BID CLOSING DATE: FEBRUARY 21, 2019 For further information contact: Sarah Czechowicz, Buyer FAX(817) 392-8440; email: FMSPurchasingResponses0fortworthtexas.ttov Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this solicitation. Completed Bids including one executed original, one copy and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M. FEBRUARY 21 2019 and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager. YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand deliveredto the following address: Ii City of Fort Worth, Purchasi� g Division, Lower Level,City Hall,200 Texas Street, Fort Worth,Texas 76102 Bids delivered by special courier (i.e. Federal Express, Special Delivery etc.) are to be marked on the outside of the courier's shipping envelope "BID No. 19-0061, MOWING SERVICES FOR PRIVATE PROPERTIES" AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be retumed or destroyed.they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms, conditions and scope/specifications contained in this document. The period for acceptance of this bid will be 90 calendar days after the bid opening date. By signing below, I certify that I have read the attached Terms and Conditions, Instruction to Bidders and the Bid requirements and have agreed to all of the terms, conditions and requirements contained herein. Failure to complete the requested information below will result In reiection of your bid. Company Name and Address: 5708 Cedar Creek Dr. Benbrook, TX 76109 Federal ID Number(TIN): 75-1904134 Company's Authorized Agent Name and Title Arnes Purdy / Owner Signature: . , ter. Date:2-15-2019 Telephone Number:281-827-4347 Email address: apu dyjr geraniumgarden.com Fax Number:832-437-0700 Cooperative Purchasing: Should other Governmental entities decide to participate in this contract, would you, the Contractor, agree that all terms, conditions, specifications, and pricing shall apply(see section 11)? Yes X No Pre-Bid Conference: A pre-bid conference will be held at 9:30 AM, Tuesday, February 12, 2019, at the Hazel Harvey Peace Center, Room 210 AB, located at 818 Missouri Avenue, Fort Worth, Texas, 76104 Contents: • Part—i : Bid Solicitation/Offer • Part—II : Instruction to Bidders • Part—III : Scope of Services/Specifications • Part—IV : Standard Purchasing Terms and Conditions • Part—V : Attachments Revised 6.25.18cg Page 1 of 1 BID SOLICITATION Printed.02/04/2019 BID.OPENINQ DATE AND TIME: '2*14018llkl .P 1 BID NUMBER:1,94061 BUYER:Sarah Czechowicz PHONE#: (817)392-2462 DELIVERY REQUIRED:2/6/2019 V Vendor Name: Corsicana Geranium Garden City of Ft Worth Address: 5708 Cedar Creek Dr. k Administration 818 Missouri City,State Zip Code: Benbrook,TX 76109 1�_ Fort Worth TX 76104 Item Class-Item Quantity Unit Unit Price Total 4.000 The City of Fort Worth seeks bids from qualified vendors to establish non- exclusive annual agreements to provide mowing services for private owned properties for the Code Compliance Department on an as needed basis in accordance with the specifications.The term of the Agreement shall be for a one-year(1)period,with four(4)options to renew for additional one-year periods. A pre-bid conference will be held at 9:30 AM,Tuesday,February 12,2019, at the Hazel Harvey Peace Center,Room 210 AB,located at 818 Missouri Avenue,Fort Worth,Texas,76104. FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL IMPACT A POTENTIAL VENDOR'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE. ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. 1.000 Work Orders less than 8,500 sq.ft.,per attached specifications. 3900 EA $27.57 $107,523 2.000 Work Orders greater than 8,500 sq.ft,and less than 1 Acre,per attached 4150 EA $55.14 $228,831 specifications. 3.000 Work Orders greater than or equal to 1 Acre,per attached specifications. 150 EA $165.42 $24,813 Unit of measure(EA)=per acre or portion mowed Ex.$70/Acre x 1.4 Acres mowed=$98 TOTAL: $361,167 WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 90 DAYS. TERM OF PAYMENT: Monthly COMPANY: Corsicana Geranium Garden DELIVERY: EFT SIGNATURE: TELEPHONE NUMBER: 281-827-4347 NAME AND TITLE: Owner CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the taw by KB. 23.94th Leg, Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Covemment Code, Daw Rocavod by a vendor who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes ware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense it the vendor knowingly violates Section 176.006, Local Government Code,An offense under this section is a misdemeanor. f Name of vendor who has a business relationship with local governmental entity. None Check this box 11 you are filling an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the Information in this section Is being disclosed. None Name of Officer This section(item 3 including subparts A, B, C, 6 D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by'Section 176.001(1-a),Local Government Code. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the vendor? 71Yes allo B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? = Yes F-] No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director,or folds an ownership interest of one percent or more? aYes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 2-15-2019 Signature of vendor donw&ness with 4 governmental entity Date Adopted 8/7/2015 Bid No. 19-0061 Mowing Services for Private Properties 28 of 54 ATTACHMENT-C BIDDER'S CONTACT INFORMATION Bidder's Name: Arnes Purdy Bidder's Local Address: 5708 Cedar Creek Dr. Benbrook, Tx 76109 Phone: 281-827-4347 Fax: Email: Apurdyjr@geraniumgarden.com Name of person assigned specifically for this Agreement: Name/Title Ames Purdy Phone: 281-827-4347 Fax: Email: Apurdyjr@geraniumgarden.com Name of persons for renewal information and/or billing questions: Name/Title Ames Purdy/Owner Phone: 281-827-4347 Fax: Email: Apurdyjr@geraniumgarden.com Name/Title Phone: Fax: Email: ' - Ames Purdy 2-15-2019 Signature Printed Name Date Bid No.19-0061 Mowing Services for Private Properties 29 of 54 ATTACHMENT-D CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth,Texas. a. Do you have a Fort Worth office? If yes, identify address: 5708 Cedar Creek Dr. Benbrook TX 76109 b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office [must exceed 50%] 64% 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? 11 b. Amount of City of Fort Worth ad valorem taxes(real and business personal property)paid by company(for prior tax year—Fort Worth office or former location, if Fort Worth office is newly- established)?_ $3800 Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. Corsicana Geranium Garden 2-15-2019 (Company Name) (Date) Y�_e�L Ames Purdy/Owner (Sign ) (Printed Namer and Title) Bid No.19-0061 Mowing Services for Private Properties 30 of 54 ATTACHMENT-E REFERENCE SHEET Please complete and return this form with your bid. The bidder shall furnish references for at least three(3) recent customers to whom products and/or services have been provided that are similar to those required by this solicitation. The City will be the sole judge of references. Please use additional sheets. 1. Company's Name US Navy Name of Contact Charles Thompson Title of Contact Public Work Project Manager Present Address Bldg. 1304, Military Pkwy City, State, Zip Code Fort Worth, Texas, 76127 Telephone Number ( 817 ) 782-7985 Fax Number( } Email charles.d.thompson@navy.mi1 2. Company's Name US Army Corp of Engineers Name of Contact Jason Owen Title of Contact Lake Benbrook: Lake Manager Present Address 7001 Lakeside Dr. City, State,Zip Code Fort Worth, TX 76132 Telephone Number ( 817 )292-2400 Fax Number( ) Email Jason.W.Owen@usace.army.mil 3. Company's Name US Army : Seagoville AFRC Name of Contact John Waters Title of Contact Contractor Liason Present Address 701 W. Simonds Road City, State, Zip Code Seagoville, TX 75159 Telephone Number ( 210) 724-6537 Fax Number( ) Email john.f.waters.ctr@mail.mil Bid No. 19-0061 Mowing Services for Private Properties 31 of 54 FORT EXHIBIT A. REFERENCE SHEET Please Complete and Return This Form with yourbid. The Bidder shall furnish,with the bid, the following information,for at least three(3) recent customers to whom products and/or services have been provided that are similar to those required by this solicitation. ANY NEGATIVE VERIFICATIONS, FAILURE TO VERIFY, OR OTHER PUBLIC INFORMATION MAY RENDER BID NON-AWARDABLE.The City will be the sole judge of references. 1. Project Name Lake Benbrook Mowing Description/Scope of Work(what US Army Corp. of Engineers Mowing at Lake Benbrook: product/service did youprovide: Perpetual lake park and embankment mowing maontenance, Completion Date: May 2017 to Present Was work subcontracted? Yes X No #of Days worked Subcontractor's name: None Project Location(s) Benbrook,Texas Project Manager/Superintendent: Jason Owen Phone: 817-292-2400 Email: Jason.W.Owen@usace.army.mil Contract Amount: $262,339.44 2. Project Name Supplemental Grounds Maintenance Description/Scope of Work(what Tree removal, mowing, and edging of JSRB Navy Air Base for product/service did youprovide: US Navy NAVFAQ Completion Date: July 2015 to May 2018 Was work subcontracted? Yes X No #of Days worked Subcontractor's name: None Project Location(s) Fort Worth, Texas Project Manager/Superintendent: Charles Thompson Phone: 817-782-7985 Email: charies.d.thompson@navy.mil Contract Amount: $274,983.00 3. Project Name Inmate Labor Managment Description/Scope of Work(what Managing inmates mowing and cleaning on naval air station. product/service did youprovide: Completion Date: July 2005 to May 2018 Was work subcontracted? Yes X No #of Days worked Subcontractor's name: None Project Location(s) Fort Worth,Texas Project Manager/Superintendent: Charles Thompson Phone: 817-782-7985 Email: charles.d.thompson@navy.mil Contract Amount: $1.4 Million Bid No. 19-0061 Mowing Services for Private Properties 40 of 54 EXHIBIT B - LIST OF MACHINERY AND EQUIPMENT THE LISTED ITEMS OF MACHINERY AND EQUIPMENT ARE REPRESENTED AS PART OF THIS BID AND ARE AVAILABLE FOR USE IN PERFORMANCE OF THIS BID. 'BEING AVAILABLE" SHALL MEAN THAT THE EQUIPMENT IS OWNED OR UNDER THE CONTROL,THROUGH A LONG TERM LEASE OF AT LEAST ONE YEAR, OF THE BIDDER SUBMITTING THIS BID. UNITS TYPES OF EQUIPMENT 6 John Deere Z930 60 Inch Mowing Decks 6 Kubota 100 HP tractor with 15 ft Rhino Mowers 2 16ft Jacobsen Mowers 4 Chevrolet 3500 ATTACH ADDITIONAL SHEETS AS NEEDED. Number of Crews available for this bid: 3 Personnel per Crew: 3 vendor Name: Corsicana Geranium Garden Arnes Purdy 2-15-2019 Signature t' Printed Name Date Bid No.19-0061 Mowing Services for Private Properties 41 of 54 FORTWORTH. EXHIBIT C—VENDOR CONTACT INFORMATION Vendor's Name: Ames Purdy Vendor's Local Address: 5708 Cedar Creek Dr. Benbrook, Tx 76109 Phone: 281-827-4347 Fax: Email: Apurdyjr@geraniumgarden.com Name of persons to contact when placing an order: Name/Title Ames Purdy Phone: 281-827-4347 Fax: Email: Apurdyjr@geraniumgarden.com Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Ames Purdy 2-15-2019 Signature Printed Name Date Bid No. 19-0061 Mowing Services for Private Properties 42 of 54 CGG , GeraniumGarden.cum Established. 1978 . E CCIAPETENCIE�A PULL SERVICE Corsicana Geranium REWMCES Gardensdscape design. C We specialize in providing Government, Commercial and Residential Landscaping 0Pool Mapnti�,naace, and water feature design, installation, and watmv Features year round maintenance. CGG also provides Government and Commercial Janitorial services. We provide our clients with the best quality service and produce a high Hardscape design quality product at a fair and reasonable patos. decks. price. arbors. wialkways. Company rinaturthot Janitorial Services Corsicana Geranium Gardens PO Box 1871 Corsicana, TX 75151-1871 Arnes Purdy Sr.-Owner Corriplete Program 903-664-4240 maqlagement aEnesOBtranjuin.Rs rden.com e . o Fax: 682.385-9633 CAGE Code: 3W1P2 Horticulturists DUNS: 128061371 Tax ID: 75-1904134 Registered in SAM Floriculturists Sodo-F,conomic fitatus • Graduated 8(a)[Nov.20121 • SSA'S SD8 certified • Minority Owned Small Business Landscape designers and NA10 92do • 661730-Landscaping Services • 561790-Other Services to Buildings and Dwellings • 1iS112-Soil Prep, planting, cultivating • 453110-Florists • 561210-Facilities support services • 561720-Janitorial services 1. Navy-NASJRB Fort Worth.TX: grounds maintenance and janitorial Completed initial 5 year contract on 5-16-13, Servicing facilities by grounds maintenance and janitorial work that ranged from a Guard shack which measured approx. 200sf to a Hanger that measured approx., 30,000sf.Approx. 40 buildings to include the Base Headquarters are cleaned daily. 113 of the facilities have multiple floors. Point of Contact: Charles Thompson p 817-782-7985. Contract # N69450-08-C-3083. 2 Navy-NAS JRB Fort Worth, TX: Currently in 2nd 5 year contract of Grounds maintenance and janitorial. Servicing facilities by grounds maintenance and janitorial work that ranges from a Guard shack which measures approx, 200sf to a Hanger that measures approx. 30,000sf.Approximately 40 buildings to include the Base Headquarters are cleaned daily. 1f3 of the facilities have multiple floors. Point of Contact: Charles Thompson charles.d.thom ,son can vv,rnil 817-782 7985 Contract # N69450-13-C-3073. 3, Waco NOSC-Interim Janitorial Services in 2016. Provided short term interim janitorial service for the NOSC facility. We were recommended by Navy to help out the Waco NOSC while they were in between contracts_Point of Contact: Jennifer Lamar with Divine Imaging larnar jennifePrgmail.com 512.846-0071. ( 3 month interim service) Contract# N6274850367630. 4. US Army Corp of Engineers Lake Benbrook - ground manitenance in 2017 to present. Currently in 2nd year of 4 year contract. This is one lake in a series of DACE lakes and public recreation and camping grounds through out the state of texas that CGG maintains the landscape. Other lakes would aquired are: Ray Roberts Lake, Lewisville Lake, Grapevine Lake, Bardwell Lake, and Canyon Lake. Point of Contact: Jason Owen Jason.W.Owen usae:e.arm ,rnil 817-292-2400 Contract#W9126G-17-0-0030 5. US Army Corp of Engineer Lake Grapevine, Lake Lewisville, Lake Ray Roberts: 3 year contractor of mainly dam embankment and park mowing. CGG is currently in its 2nd year of performance. Point of Contact: Robert Jordan -Jordan, Robert.S.Jordan@usace.army.mil,and Kenneth Myers-kenneth .myers@usace.army.mil. Contract#W9126G-17-P-0152 6, US Army Corp of Engineer Lake Georgetown and Lake Granger: Full park area mowing over 800 acres in addition to 300 acre embankment mowing. Currently in the 1st year of performance Point of Contact: Scott.W.Blank@usace.army.mil Contract#W9126G1BD0018 7. US Army Corp of Engineer Canyon Lake: Mowing of all Parks and Dam Embankments. Point of Contact: Terri Beth Teaschner-Terri.B.Teaschner@usace.army.mil Contract#W9126G18PO146 8. US Army Corp of Engineer Bardwell Lake: Mowing of all Parks and Dam Embankments. Point of Contact: Jeremy Spencer-Jeremy.A.Spencer@usace.army.mil.Contract#W9126G-17-D-0039 p Ittit jo, 1001/o. CGG guarantees to complete all contractual work. EXHIBIT E VERIFICATION OF SIGNATURE AUTHORITY Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page 21 of 25 CORSICANA GERANIUM GARDEN 5708 CEDAR CREEK DRIVE BENBROOK,TX 76109 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: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President/CEO Other Title: Date: Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page EXHIBIT F INSURANCE 1. The Contractor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement. The Contractor shall file with the City of Fort Worth Purchasing Division, prior to the commencement of services, a certificate of insurance documenting the following required insurance 1.1 Failure to provide such information within five (5)calendar days of a request by the City may be grounds for termination of the Agreement. 2. Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Contractor to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 3. Statutory Workers' Compensation Insurance and Employer's Liability Insurance at the following limits: $100,000 Each Accident $500,000 Disease—Policy limit $100,000 Disease—Each Employee This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. 4. Commercial General Liability Insurance including Explosion, Collapse, and Underground Coverage shall be provided as follows: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Coverage shall include but not be limited to the following: premises/operations, independent Contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office(ISO)policy. 2. Auto Liability Insurance shall be provided as follows: $1,000,000 Combined Single Limit Each Accident A commercial business policy shall provide coverage on "Any Auto",defined as autos owned, hired and non-owned. Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page 3. The Contractor shall furnish the Purchasing Manager a certificate of insurance documenting the required insurance prior to the commencement of Services. 4. At each renewal period, Contractor shall furnish the Purchasing Manager and the Contract Manager, with a current certificate of insurance documenting the required insurance within ten (10)days after accepting the renewal. 5. Policies shall be endorsed to provide the City of Fort Worth a thirty- (30) day notice of cancellation, material change in coverage, or non-renewal of coverage. 6. Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear(ATIMA). 7. ADDITIONAL INSURANCE REQUIREMENTS 10.1 The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. 10.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be received before Contractor can begin work. Failure to supply and maintain such insurance shall be a breach of contract. Contractor shall provide complete copies of all insurance policies required by this Agreement. Certificates of insurance must be supplied to: Financial Management Services Department Attention: Purchasing Division Bid No. 19-0061 200 Texas Street Fort Worth, Texas 76102 10.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the City a minimum 30 days' notice of cancellation, non- renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall be acceptable in the event of non-payment of premium. 10.4 Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. 10.5 Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 10.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. 10.7 Workers' compensation insurance policy(s) covering employees of the Contractor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 10.8 City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page 10.9 Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 10.10 While the Agreement is in effect, Contractor shall report, in a timely manner, to the Purchasing Division any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. 10.11 Contractor's liability shall not be limited to the specified amounts of insurance required herein. Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page EXHIBIT G FORT WORTH CODE ENFORCEMENT DIVISION BOUNDARIES Jf(1 t , i 4 i ! a f xt t ' , PMoI Bane �. Patrol Divisions N A � :: EAST -` NORTH ' ( NORrHvvEsr j SOUTH VEn 0 2 4 8 1 WEST sr >��..-..-..._.....�Miles FORT WORTH, Fort Worth Code Enforcement . F„!p W4 x 11 Division and Beat Boundaries Non-Exclusive Mowing and Grounds Maintenance Services Agreement Page