HomeMy WebLinkAboutContract 55253 SC No. 55253
FORTWORTH.
ADDENDUM TO SERVICE AGREEMENT
THIS ADDENDUM TO SERVICE AGREEMENT ("Addendum") is made and entered into by and
between the CITY OF FORT WORTH("City"),a home-rule municipal corporation of the State of Texas,
acting by and through its duly authorized representative,and PLANTATION INTERIORS LLC,a Texas
Limited Liability Company("Contractor"),acting by and through its duly authorizedrepresentative.
WHEREAS the City has purchased property commonly known as "100 Energy Way Plaza"
located at 100 Energy Way,Fort Worth, TX 76102(the "Property") from Hertz Fort Worth Energy Way,
LP(the"Seller"); and
WHEREAS, Seller and Contractor are currently parties to an agreement for the provision of
interior landscaping services at the Property on a month-to-month basis(the "Service Agreement")which
is attached hereto as Exhibit A; and
WHEREAS Seller has agreed to assign and City has agreed to assume certain contracts,including
the Service Agreement,relating to the operation of the Property;and
WHEREAS, Contractor consents to the assignment of the Service Agreement to City and
Contractor agrees to the terms and conditions of this Addendum.
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Addendum,City and Contractor hereby agree as follows:
The Addendum to Service Agreement documents shall include the following:
1. This Addendum; and
2. Exhibit A—The Service Agreement(collectively,the"Agreement").
Notwithstanding any language to the contrary in the attached Service Agreement, City and
Contractor hereby stipulate by evidence of execution of this Addendum by a representative of each party
duly authorized to bind the parties hereto,that the parties hereby agree that the provisions in this Addendum
shall be applicable to the Service Agreement as follows:
1. Addendum Controlling.If any provisions of the attached Service Agreement conflict
with the terms herein, are prohibited by applicable law, or conflict with any applicable rule,
regulation or ordinance of City,the terms in this Addendum shall control.
2. References. City and Contractor agree that any references to the Owner in the Service
Agreement shall be construed to mean the City of Fort Worth and that all rights, benefits, duties and
obligations of Owner shall inure to the City as if the Service Agreement were originally executed between
City and Contractor, except to the extent modified by this Addendum. City and Contractor also agree that
all rights,benefits,duties,and obligations of Contractor in the Service Agreement shall inure to Contractor
OFFICIAL RECORD
Addendum to Service Agreement CITY SECRETARY
FT. WORTH, TX
City Secretary Contract No.
as if the Service Agreement were originally executed between City and Contractor, except to the extent
modified by this Addendum. Section 210) of the Service Agreement is hereby deleted and shall have no
force or effect.
3. Term. The Agreement shall become effective upon the signing of the Agreement (the
"Effective Date") and shall expire 30 days after the Effective Date (the "Expiration Date"), unless
terminated earlier in accordance with the provisions of this Agreement. The Agreement shall renew
automatically under the same terms and conditions for successive 30-day periods,each a"Renewal Term,"
unless City or Contractor provides the other party with notice of non-renewal at least 30 days before the
expiration of a Renewal Term or unless terminated as provided herein.
4. Comgensation. City shall pay Contractor in accordance with the fee schedule or pricing
included in the Service Agreement and in accordance with the provisions of this Agreement. In no event
shall the total payment made under this Agreement by City to Contractor exceed the amount of Fifty
Thousand Dollars ($50,000.00) per year. 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.
5. Termination.
a. Convenience. Either City or Contractor may terminate the Agreement at any time
and for any reason by providing the other party with 30 days written notice of termination.
b. Breach. If either party commits a material breach of the Agreement, the non-
breaching Party must give written notice to the breaching party that describes the breach in
reasonable detail. The breaching party must cure the breach ten(10) calendar days after receipt of
notice from the non-breaching party,or other time frame as agreed to by the parties.If the breaching
party fails to cure the breach within the stated period of time, the non-breaching party may, in its
sole discretion, and without prejudice to any other right under the Agreement, law, or equity,
immediately terminate this Agreement by giving written notice to the breaching party.
c. Fiscal Funding Out.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 the Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to the City of any kind whatsoever,except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
d. Duties and Obligations of the Parties. In the event that the 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 the Agreement up to the effective date of termination. Upon
termination of the Agreement for any reason, Contractor shall provide City with copies of all
completed or partially completed documents prepared under the 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.
6. Attorneys'Fees.Penalties.and Liquidated Damages. To the extent the attached Service
Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties or
Addendum to Service Agreement Page 2 of
City Secretary Contract No.
liquidated damages in any amount, City objects to these terms and any such terms are hereby deleted from
the Service Agreement and shall have no force or effect.
7. Law and Venue. The Agreement and the rights and obligations of the parties hereto shall
be governed by,and construed in accordance with the laws of the United States and state of Texas,exclusive
of conflicts of laws provisions. Venue for any suit brought under the Agreement shall be in a court of
competent jurisdiction in Tarrant County, Texas. To the extent the Service Agreement is required to be
governed by any state law other than Texas or venue in Tarrant County,City objects to such terms and any
such terms are hereby deleted from the Service Agreement and shall have no force or effect.
8. Sovereign Immunity.Nothing herein constitutes a waiver of City's sovereign immunity.
To the extent the Service Agreement requires City to waive its rights or immunities as a government entity;
such provisions are hereby deleted and shall have no force or effect.
9. Liability and Indemnification. To the extent the Service Agreement requires City to
indemnify or hold Contractor or any third party harmless from damages of any kind or character, City
objects to these terms and any such terms are hereby deleted from the Service Agreement and shall have
no force or effect.
1. LIABILITY- CONTRACTOR WILL BE LIABLE AND RESPONSIBLE
FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR
PERSONAL INJURY,INCLUDING DEATH, TO ANYAND ALL PERSONS, OFANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT
CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR
INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS,
SERVANTS,EMPLOYEES, CONTRACTORS, ORSUBCONTRACTORS.
2. GENERAL INDEMNIFICATION - CONTRACTOR HEREBY
COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND
CITY, 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
CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
MALFEASANCE OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
3. INTELLECTUAL PROPERTY INDEMNIFICATION —
Contractor agrees to defend, settle, or pay, at its own cost and expense, any claim or
action against City for infringement of any patent, copyright, trade mark, trade
secret, or similar property right arising from City's use of the software and/or
documentation in accordance with this Agreement, it being understood that this
agreement to defend, settle or pay will not apply if City modifies or misuses the
software and/or documentation. So long as Contractor bears the cost and expense of
payment for claims or actions against City pursuant to this section, Contractor will
Addendum to Service Agreement Page 3 of
City Secretary Contract No.
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 will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to
cooperate with Contractor in doing so. In the event City, for whatever reason,
assumes the responsibility for payment of costs and expenses for any claim or action
brought against City for infringement arising under this Agreement, City will have
the sole right to conduct the defense of any such claim or action and all negotiations
for its settlement or compromise and to settle or compromise any such claim;
however, Contractor will fully participate and cooperate with City in defense of such
claim or action.City agrees to give Contractor timely written notice of any such claim
or action,with copies of all papers City may receive relating thereto.Notwithstanding
the foregoing, City's assumption of payment of costs or expenses will not eliminate
Contractor's duty to indemnify City under this Agreement. If the software and/or
documentation or any part thereof is held to infringe and the use thereof is enjoined
or restrained or, if as a result of a settlement or compromise, such use is materially
adversely restricted, Contractor will, at its own expense and as City's sole remedy,
either: (a) procure for City the right to continue to use the software and/or
documentation; or (b) modify the software and/or documentation to make it non-
infringing, provided that such modification does not materially adversely affect
City's authorized use of the software and/or documentation; or (c) replace the
software and/or documentation with equally suitable, compatible, and functionally
equivalent non-infringing software and/or documentation at no additional charge to
City; or(d)if none of the foregoing alternatives is reasonably available to Contractor
terminate this Agreement, and refund all amounts paid to Contractor by City,
subsequent to which termination City may seek any and all remedies available to City
under law.
4. ENVIRONMENTAL INDEMNIFICATION - Contractor does hereby
release,indemnify,reimburse,defend and hold harmless the City of Fort Worth from
and against any and all environmental damages and the violation of any and all
environmental requirements resulting from the cleaning, handling, collection,
transportation,storage and disposal of hazardous waste by contractor resulting in an
act of omission of environmental violation. Environmental Damages shall mean all
claims, judgments, damages, losses, penalties, fines, liabilities (including strict
liability),encumbrances,liens,costs, and expenses of investigation and defense of any
claim, whether or not such claim is ultimately defeated, and of any good faith
settlement or judgment,of whatever kind or nature,contingent or otherwise,matured
or unmatured, foreseeable or unforeseeable, including without limitation reasonable
attorney's fees and disbursements and consultant's fees, any of which are incurred as
a result of handling,collection,transportation,storage,disposal,treatment,recovery,
and/or reuse of waste pursuant to this contract, or the existence of a violation of
environmental requirements pertaining to, and including without limitation:
Damages for personal injury and death, or injury to property or natural resources;
Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories and all other costs in connection with the investigation or remediation of
Addendum to Service Agreement Page 4 of
City Secretary Contract No.
such wastes or violation of environmental requirements including,but not limited to,
the preparation of any feasibility studies or reports of the performance of any
cleanup, remediation, removal, response, abatement, containment, closure,
restoration or monitoring work required by any federal, state or local governmental
agency or political subdivision, or otherwise expended in connection with the
existence of such wastes or violations of environmental requirements, and including
without limitation any attorney's fees, costs and expenses incurred in enforcing this
contract or collecting any sums due hereunder; and liability to any third person or
governmental agency to indemnify such person or agency for costs expended in
connection with the services provided under this agreement.
10. Confidential Information. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. To the extent the Service Agreement requires that City maintain records in violation of
the Texas Public Information Act, City hereby objects to such provisions and such provisions are hereby
deleted from the Agreement and shall have no force or effect.In the event there is a request for information
marked Confidential or Proprietary, City shall promptly notify Contractor. It will be the responsibility of
Contractor to submit reasons objecting to disclosure of the information. A determination on whether such
reasons are sufficient will not be decided by City,but by the Office of the Attorney General of the State of
Texas or by a court of competent jurisdiction.
11. No Boycott of Israel. If Contractor has fewer than 10 employees or this Agreement
is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with
Chapter 2271 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" has the meanings ascribed to those terms in Section 2271 of the Texas
Government Code. By signing this Agreement, 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 Agreement.
12. Immigration Nationality Act. Contractor will verify the identity and employment
eligibility of its employees who perform work under this Agreement,including completing the Employment
Eligibility Verification Form (1-9). Upon request by City, Contractor will provide City with copies of all
1-9 forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Contractor will 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 WILL 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,will have
the right to immediately terminate this Agreement for violations of this provision by Contractor.
13. Right to Audit. Contractor agrees that City shall, until the expiration of three (3) years
after final payment under the Agreement, have access to and the right to examine any directly pertinent
books, documents, papers and records of Contractor involving transactions relating to the Agreement.
Contractor agrees that City shall have access during normal working hours to all necessary Contractor
facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance
with the provisions of this section.City shall give Contractor reasonable advance notice of intended audits.
Addendum to Service Agreement Page 5 of
City Secretary Contract No.
14. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions
(e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via
software such as Adobe Sign.
15. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
16. Force Maeure. City and Contractor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems;restraints or prohibitions by any court,board,department,commission,or agency
of the United States or of any States;civil disturbances;other national or regional emergencies;or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected(collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event,with the reasonableness of such notice to be determined by the City in its sole discretion.The notice
required by this section must be addressed and delivered in accordance with Section 19 of this Agreement.
17. Non-Discrimination Covenant. Contractor, for itself, its personal representatives,
assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees
that in the performance of Contractor's duties and obligations hereunder, it will 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,
CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, CONTRACTOR
AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND
HOLD CITY HARMLESS FROM SUCH CLAIM.
18. Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order,resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Contractor.
Each party is fully entitled to rely on these warranties and representations in entering into this Agreement
or any amendment hereto.
19. Notices. Notices required pursuant to the provisions of this Agreement will 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:
Addendum to Service Agreement Page 6 of
City Secretary Contract No.
To CITY: To CONTRACTOR:
City of Fort Worth Plantation Interiors LLC
Attn: Assistant City Manager 653 Brook Vista Court East
200 Texas Street Waxahachie, TX 75165
Fort Worth,TX 76102-6314 Facsimile:972-293-5353
Facsimile: (817)392-8654
With copy to Fort Worth City Attorney's Office at
same address
(signature page follows)
Addendum to Service Agreement Page 7 of
City Secretary Contract No.
Executed this the day of ,2021.
CITY:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
T - of this contract,including ensuring all
By: Jesus J.Chaoa(Jan26.202108:48CSn performance and reporting requirements.
Name: Jesus J.Chapa
Title: Deputy City Manager
�lCarL tl. Smoot^
Date: By: Alan H.Shuror(Jan 21,202115:14 CST)
Name: Alan Shuror
Approval Recommended: Title: Sr.Administrative Services Manager
Approved as to Form and Legality:
Steve 000M
By: Steve Cooke(Jan 21,2021 17:45 CST)
Name: Steve Cooke
Title: Property Management Director By:
oa�4FORp��a Name: Matthew A.Murray
�y !00000000
Attest: ��o o 0�Oa� Title: Assistant City Attorney
d
P-s 09��
000
o=� Contract Authorization:
(/ 1� M&C: Not required
Bd�� 000ao5 ap
y ��nexpa�. Ordinance No. 24161-04-2020
Name: Mary Kayser
Title: City Secretary
CONTRACTOR:
PLANTATION INTERIORS LLC
B)M rk T�eag e(Jan 21,202114:41 CS-0
Name: Mark Teague
Title: Principal of LLLc
Date: 1-21-21
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Addendum to Service Agreement Page 8 of
City Secretary Contract No.
EXHIBIT A-SERVICE AGREEMENT
Addendum to Service Agreement Page 9 of
SERVICE AGREEMENT
THIS AGREEMENT("Agreement")is made on the Date and effective as of the Effectk e Date by and between(.)tinter and Contrac-
tor(each,a"Party"or collectively,the"Parties').Owner hires Contractor to provide and Contractor agrees to provide the Services
for the Property. For and in consideration of the mutual agreements of the Parties and other good and valuable consideration,the re-
ceipt and sufficiency of which are hereby acknowledged,the Parties,intending to be legally baound,agree as follows:
1. Definitions,
Unless the context otherwise indicates.the following wards or phrases have the respective meanings:
DATE: 8:27;2018 EFFECTIVE 8;27,2018
DATE;
OWNER: hertz Port Worth Energy Way,LP CONTRACTOR: Planation Interiors 11C
ADDRESS: 100 Energy Way ADDRESS: 653 Brook Vista Court lust
Fort Worth,TX 76102 Waxahachie,TX 75165
CONTACT: Name:Shantella I)abl CONTACT: Nance: Mark Teague
Address: 100 Energy Way.Suite 100 Address:Same as above
Fort Worth.TX 76102 Phone: 972-938-0085
Phone: 817-886-3100 Fax:
Fax: N/A Email: mark Tr-platuation-tx,cont
Email: sdatil'a:hertzgroup_cam
TERM: EXHIBITS• A-Scope&Schedule of Work
(check one) A- Compensation
A-General Conditions
Begin Date: $-27i?D18
II
End Date: 8,27.2019(month to niontli)
COMPENSATION: see Exhibit A PROPERTY: Name: lletu Fort Worth Energy Way.LP
(Building Name) Address(es): loo Energy Way
Fort Worth.'I'X 76102
SERVICES: ❑Security ❑Janitorial ❑Landscape 11 Parking/Garage ❑Window Cleaning
See,Exhibit:A Maint. Manag.
❑Snow/ice ❑Uniform Rental Other:Interior Landscaping
Removal
2. Term. 4. Schedule of Service,
Unless terminated,this Agreement shall commence on the Begin Contractor agrees to perform the Work as indicated under
Date,continue for the'Perm.and will automatically he extended "Schedule of Work"on Exhibit A(the"Schedule").
Ibr successive 30-d4y periods after the End Date. 5. Compensation.
3. Scope of Work. Owner agrees to pay Contractor compensation for the Work as
During die Term.Contractor agrees to perl'orm the Services and indicated on Exhibit A(the"Cnmpensatiun").
supply those goods and materials("C.nods')as indicated under
"Scope of Work" on Exhibit A and pursuant to the General 6. Personnel and Contractor Employees.
Conditions, if any, attached as Exhibit A (collectively the (a) Contractor agrees to provide adequate personnel to cause
"Work") in a safe. professional, and competent manner. If the completion of all Work in accordance with the Schedule. All
Goods are supplied as part of the Work,the Goods shall be new such personnel shall be employees,subcontractors or independ-
and unused and shall be suitable for the purposes intended. ent contractors of the Contractor and, in this Agreement, are
referred to collectively as "Personnel' and individually as a
"Contractor Employee'.
1
(b) All Personnel shall he trained and supervised by Con- (b) Contractor shall obtain and shall maintain.at its sole cost
tractor in accordance with accepted industry practices.shall have and expense.al all times during the Tenn, all licenses,permits,
all required licenses and shall adhere to the reasonable rules and and outer authoriztuions from governmental authorities or
regulations as established from time to time by Owner for the hoards,necessary to enable it to perform the Work.
conduct of independent contractors on the Property. Contractor (c) Contractor will diligently safeguard die health and well-
shall provide at all times competent,adequate,and knowledgea- being of all persons on or about the Property,including without
ble supervision of all Work performed at the Property and all limitation all licensees,tenants,guests and invitees of Owner in
Personnel performing or supplying the Work shall be competent. the performance or supplying of the Work. Contractor will
adequate and knowledgeable. In the performance or supplying promptly remove all materials ancf'or equipment and Tools used
of the Work,neither Contractor nor any Personnel shall interfere or expended in the performance (it supplying of the Work
with the operations of Owner on or with respect to the Property. promptly upon the completion thereof,or if applicable upon the
(c) Contractor shall provide all hand tools, specialty tools, completion of the portion of the Work that will be performed or
and equipment(hereiriatfer called the"Tools")for performance supplied at any particular time. During performance or supply-
or supplying of the Work, ing of the Work.Contractor shall take all necessary steps to se-
(d) The Parties agree that Owner shall not have the right to cure the equipment,materials,and Tools used in connection with
supervise, terminate or otherwise discipline any of the Person- die Work to prevent interference with respect to access to and
nel, However.Owner shall have the right to require or ask any use of the Property or the creation of any dangerous conditions
Contractor Employee to leave the Property or cease a particular finr any other persons using the Property.
activity if Owner believes that such Contractor Employee is act- (d) Contractor will ensure that the Personnel will neither
ing or failing to act in a manner that might cause danger to life carry weapons of any type nor be under the influence of intoxi-
or property or is otherwise engaging in conduct that may be un- cants or controlled substances on or about the Property.
lawful or inconsistent with the character and nature of the Prop- S. Insurance and Fidelity Bonds,
erty. Contractor further agrees that Owner shall have the right (a) Owrter may, upon written nonce thereof, require Can-
within 2 days of the Effective Date of Notice to the Contractor,
Con-
to require that any Contractor Employee not he permitted to eii- tractor,at its sole cost and expense,to provide and maintain dar-
ter upon the Property in connection with the performance or big the Term,a fidelity or surety bond in the nninhttum amount
supplying of the Work. of$1.UU0.000,on forms and with bonding companies acceptable
to Owner, under which the bonding company agrees to reim-
(e) Contractor agrees to adhere to Owner's Code of Busi- blase Owner for an)- loss, damage or expense which either of
mess Conduct and Ethics,if any. such parties may suffer or sustain due to the fraud,dishonesty,
(f) Contractor shall use reasonably diligent efforts to verify forgery, theft, larceny, embezzlement, wrongful conversion or
that any Contractor Employee who has access to the Property in abstraction, misapplication. misapprupriation or any other dis-
the performance of the Work does not have any record of crfmi- honest or criminal act or omission of Contractor or Contractor's
nal convictions,other than minor traffic violations. No Contrac- employees or agents. Contractor shall submit such bond to
tor Employee that has any such record shall be admitted to the Owner for approval(irsuch a bond is required hereunder)prior
Property to perform any of the Work without the prior written to the commencement of any Work hereunder.
consent of Owner, Owner reserves the right to independently (b) Contractor and all Personnel who or which are subcon-
verify the background of any such individuals and to require tractors or independent contractors of the Contractor shall,until
Contractor to replace(or require any such Personnel to replace) completion of the Work,procure and maintain at its or their ex-
any Contractor Employee that does not meet the standards set pense. the following insurance coverages with a company or
forth in this Agreement, companies acceptable to Owner that are authorized to do busi-
(g) Contractor shall not,and Contractor shall require that all ness in the jurisdiction in which the Property is located in the
Personnel shall not,disclose any information regarding the oper- following minimum amounts:
ation of die Property,the Owrier's operations therein,the opera- (1) Worker's Cont sensation. Statutory benefits and Jim-
tions of any occupant of the Property or the operations of Owner its which shall.fully comply with Al State and Federal require-
to which Contractor or such Personnel have access through per- ments applying to this insurance; which shall include Broad
fornance of the Work hereunder,and which a reasonable person Form all states and voluntary compensation endorsements.
would consider to be confidential or proprietary. to any third (o) Litt i�IC, errs I.iabilitX. Limits of not less than
parties or use such r hereunder,
for any purposes other than the $i 000 000 per accident,$1.000,000 per disease and$I.000,000
performance of Work hereundd er,except to the extent that Con-
tractor or such Personnel reasonably believes that it is required policy limit on disease,
to do so according to applicable law and promptly notifies Own- (3) Comprehensive Geneta1 i W.hR&. (Including per-
er. sonal injury,owner's and contractor's protective liability,explo-
7. Compliance with Laws;Licensure;Safety. lion, collapse and underground damage liability endorsement
(commonly called X,C and U hazard),products,completed op-
(a) All of the Work shall be performed in accordance with erations. blanket contractual and broad Corm property damage
all applicable Federal. State and local laws. codes, regulations coverage, providing primary (and not contributing) coverage,
and ordinances including. but not limited to the Fair Labor and containing cross-liability and severability of interest clauses)
Standards Act. the State and Federal Occupational Safety and limit ol'I.iahility
Health Acts, and any and all Enviror nental laws. All Work
shall meet or exceed local industry standards and practices. Bodily Iniury $3.000.000 each occurrence
2
S3,000.000 in the aggregate Laws(as defined below), If any claim,action or proceeding is
Property image $3,000,000 each occurrence brought against Owner by reason of any Claims.Contractor up-
$3.000.000 in the aggregate on written demand from Owner shall defend the same at Cntt-
trtctor',,expense by counsel reasonably satisfactory to Owner.
(4) Comprehensive Automobile Liability. (Including 10.Hazardous Materials,
coverage for hired and non-mAmed automobiles; providing pri-
mary (and not contributing) coverage, and containing cross- Contractor shall identify to Owner, in advance of delivery of..
liability and severability of interest clauses) any hazardous Materials incorporated in or associated with the
Work provided hereunder and shall. in any event, use and dis-
pose
Limit of Liability of all such Hazardous Materials utilized. transported.gen-
Bodily Wary S1,000,000 each person crated or released in connection with the Work, to accordance
S1,000,000 each occurrence with all Environmental Laws and any other applicable laws.
Property Damage $1,000,000 each occurrence rules arid regulations. Prior to,and in connection with the deliv-
ery of any hazardous Materials to the Property,the Contractor
(c) Contractors perforining construction work, must also shall complete and deliver to Owner,in accordance with appli-
provide "all risk" builders risk property- insurance for the full cable laws, odes and regulations, a material safety data sheet
replacement cost of the Work on a completed value basis,nam- with respect to such flazardous Materials. 1Iazardous Materi-
ing Owner as a loss payee,as its interest may appear,providing als"shall mean any substance which is controlled,regulated or
primary(and not contributing)coverage,and including a waiver prohibited under airy Environmental Law. "Environmental
of all rights of subrogation against Owner. Law(s)"shall mean any local.State and Federal law relating to
(d) Contractor shall furnish to (honer.before commencing the environment and environmental conditions.
any Work,and annually if applicable,one or snore certificates of 11.Property of the Contractor.
insurance indicating(1)the types and amounts of insurance re-
quired under this Agreement. ('_) the insurance company or All property of any kind,owned,hired,or supplied by the Con-
companies carrying said coverages,(3)the effective and expira- tractor or any Personnel,not intended to he incorporated into or
tion dates of the policies.(4)that Owner,any managing agent of shade a pan of the Work shall be maintained whether off-site or
Owner and their respective corporate affiliates are named as ad- tin-site,at the sole risk of Contractor or such Personnel and no
ditional insureds,(5)that 60 days'advance written notice will be such party shall have the right to look to or]told Owner or any
given to Owner of any material change in or cancellation of a managing agent of Owner responsible in any manner for its
policy and(6)that each carrier of any such insurance waives any safekeeping.
right of subrogation that it may have against Owner with respect 12.1ndependent Contractor.
to any loss covered by such insurance irrespective of tho negli- (a) Contractor shall for all purposes under this Agreement
gence or vvillful misconduct of Owner, any managing agent of be an independent contractor of the Owner and not an agent or
Owner or any of their tenants. contractors, employees, guests, employee of either the Owner or any managing agent of Owner
invitees or agents. and nothing in this Agreement shall be construed as creating any
9. Indemnity. other relationship between the Parties including,but not limited
Contractor shall defend, indemnity. and hold Owner, and its to,a partnership,an agency relationship,or a joint venture. Nei-
directors, officers, employees, agents. contractors (other than ther Contractor nor Contractor's Personnel shall be deemed for
Contractor),invitees,concessionaires and licensees(collectively any purpose to be employees or agents of Owner or any manag-
"Owner's Agents")harmless from and against any and all lia- ing agent of Owner.
bility. loss. claims, demands, damages or expenses, including (b) No Contractor Employee shall be entitled as a result of
attorneys' fees,whether for personal injury,theft,property dam- this Agreement to any of the benefits under any employee bene-
age or otherwise (collectively"Claims')arising from Contrac- fit plan Owner or any managing agent of Owner presently has in
tor's or Contractor's directors,officers.employees. agents,con- effect or may put into effect in the future. Contractor or its Per-
tractors, invitees, concessionaires and licensees (collectively sonnel, as the case may be, shall be solely responsible for the
"Contractor's Agents")performance or non-performance of the paynnent of any salaries, wages, benefits, and other compensa-
Work or from any act or omission(whether negligent or kitten- tion or payments due to any person or entity in connection with
tional)by Contractor or Contractor's Agents in or about the Pro- the Work(other than the payment of the Compensation),witit-
ject, and shall farther defend. indemnify and hold Owner and holding or payment of all applicable Federal. State and local
Owner's Agents harmless from and against any and all Claims personal income taxes, social security taxes, and other payroll
arising froth any breach or default in die performance of any taxes with respect to the employees of Contractor or its Person-
obligation on Contractor's or Contractor's Agents' part to be nel,as well as any taxes or contributions imposed by applicable
performed hereunder,or to the extent caused by the negligence Federal or State unemployment or worker's compensation act(s).
or willful misconduct of Contractor or Contractor's Agents. The Contractor and its Personnel respectively have the sole authority
liability of the Contractor under the foregoing indetmtfty shall and responAbility to hire, tire, and otherwise control their re-
extend to and include any testing, response, and remediatitm spective employees.
costs incurred by Owner or any managing agent of Owner fin 13.Puhlicity;Use of Marks.
connection with a release,discharge or generation of Hazardous Contractor shall not identify,either expressly or by implication,
Materials(as defined below)on,within or in the vicinity of,the
Property by the Contractor or any Personnel in violation of the Owner,any managing agent of Owner or any of their respective
terms of this Agreement or its violation of any Environmental corporate affiliates or use any of their trademarks,trade names,
3
service marks,other proprietary marks.or the Work performed I&.Inspection.
hereunder in any advertising,press releases,publicity matters or Contractor acknowledges that Contractor has inspected the
other promotional materials without die prior written consent of Property and is not aware of any conditions which could ad-
Owner ancUor any managing agent of Owner, versely affect its ability to perform the Work in accordance with
14.Identification Credentials. this Agreement and accepts the Property in its present condition.
Owner. at its sole discretion, may require Contractor and any 19.Default.
Personnel to exhibit identification credentials to gain access to In the event that the Contractor fails to perform any of its obliga-
the Property. Contractor shall cause all of such parties to return tions under this Agreement and such failure continues for 10
all identification credentials to Owner upon the sooner of(a)the days alter the Effective Date of Notice from the Owner describ-
tennination of such party or its employer with respect to the ing such failure, then. in addition to any other rights that die
Work, (b)the End Date. or(c) the date of termination of this Owner may have hereunder to terminate this Agreement.Owner
Agreement. shall have the right to pursue any remedies available at law or in
15.Notices. equily against the Contractor for such failure.
All notices required or permitted under this Agreement shall 20.Terwitiation of Agreement.
be in writing and shall be delivered personally. by recognized (a) This Agreement may be terminated with respect to all or
overnight courier service,or by certified trail,return receipt re- a portion of the Property upon 30 days' written notice from
quested to the Parties' addresses. Either Party may notify die Owner to the Contractor at any time without any cause whatso-
other in writing of a change of address for the purpose of this ever.including. without limitation,Owner's transfer of its own-
Section, which change of address shall he effective on the 101b ership interest in any or all of the Property.
day after the Effective Date of Notice. The term "Effective
Date of Notice'shall mean and refer to(1) in the case of per- (b) in addition,Owner may terminate this Agreement,as it
sonat delivery,the date that a notice is actually delivered to the pertains to any or all of die Property.effective immediately upon
respective Patty's address,(2) in the case of overnight courier giving written notice to Contractor that the(1)Contractor failed
service, I business day after the notice is deposited with such to timely and/or filly perform or supply the Work for any rea-
service for delivery on such following business day,and(3)in son.including.but not limited to labor disputes;(2)the Property
the case of certified mail, the first date of attempted delivery, suffered damage as a result of fire or other casualty.(3)Contrac-
refusai or rejection. tor's employees or their allies picketed any property including
any Property owned and-or managed by Owner or any of its af-
16.Assignment. liliates resulting in the disruption in operation ofsaid Property or
(a) This Agreement, any portion of the Work or the Com- inconvenience to the tenants or occupants thereof,(4)Contractor
pensation shall not be assignable by Contractor without Owner's is in default of this Agreement beyond any applicable notice and
prior written consent. cure provisions;or(5)Owner has transferred or will transfer its
(b) Without its consent but upon written notice to Contrac- interest in the Property. Upon tenmination of the Agreetment and
tor.Owner may assign this Agreement to the transferee of Own- subject to Subsection 21(i).neither party shall have any obligu-
er's interest in any or all of the Property (-Transferee"). in lion to the other beyond the effective date of the termination.
which case, at Owner's election, Contractor shall enter into an (c) In the event this Agreement is terminated with respect to
agreement with the Transferee upon the same terms and condi- a portion,but not all,of the Property,the definition of Property
tions as stated in this Agreement.except that if Property includes and Scope of Services and Compensation set forth in Exhibit A
more than one Building,tie definition of Property Scope of Ser- shall be revised to remove the terminated Property and refer-
viees and Compensation set forth in Exhibit A shall be revised ences to the terminated Property in this Agreement shall be of no
to include only those Buildings in which Owner transferred an further force or effect tiller the effective date of such ternina-
interest to the Transferee. If the Closing Date does not coincide lieu.
with the billing period established in Exhibit A for the trans- (d) If the termination of this Agreement is in connection
ferred property. then Contractor shall prorate any changes for with Owner's transfer of art interest in the Property,then provid-
such month. In the event of any such transfer.Owner shall,Willi ed that Owner has given Contractor written notice of such termi-
respect to each Property transferred,be automatically freed and nation,Owner may specify°that the effective date of termination
relieved of all liability with respect to its performance under this shall not be a specified date,but shall be the date of the closing
Agreement which may accrue from an after the effective date of of such transfer of Owner's interest(the"Closing Date"),sub-
such transfer. jeet to Owner's obligation to promptly notify Contractor of such
17.Lien Claims. closing wh,:n the same occurs.
Contractor shall not create or permit to remain against the 21.0ther.
Property any lien,encumbrance, or Other like charge, either by (a) This Agreement shall be construed and interpreted under
action or inaction of Contractor or any Personnel. Contractor the laws of the state in which die Property is located and venue
shall sign, execute and deliver,or cause to be signed.executed shall lie in the County in which the Property is located. The
and delivered,such partial and L-mal lien waivers with respect to titles of sections and subsections herein have been inserted as a
the Work as Owner shall from time to time require, Contractor matter of convenience of reference only and shall not control or
shall,at its own expense,within 10 days of wTitten notice from affect the meaning or construction of any of the terms or provi-
Owner.cause any liens or other encumbrances placed against the sions of this Agreement. All references to the singular shall in-
Property or any interest therein, arising out of the Work, to be elude the plural,and vice versa.
removed of record or otherwise bonded off.
4
(b) Except as otherwise expressly-provided herein,all rights. (i) The agreements of the Contractor set forth in Section
powers, and privileges conferred hereunder upon the Parties 6(c), 6(d).9, 11. 13, 14.and 17 shall survive the expiration or
shall be etunulative and in addition to those other rights,powers, early termination of the Term.
and remedies hereunder and those available at law or in equity, 0) No parties other than Owner and Contractor shall be en-
All such rights, powers, and remedies may be exercised sepa- titled to rely on any party's performance hereunder or to enforce
rately or at once,and no exercise of any right,power,or remedy the terms and provisions hereof.
shall be construed to be an election of remedies or shall preclude
the future exercise of any or all other rights,powers,and reme- (k) If either Party brings suit against the right of the other to
dies granted hereunder or available at law or in equity,except as recover any sums due under this Agreement,or for any breach of
expressly provided in this Agreement. any provision of this Agreement,or for any other relief under it,
then all costs and expenses of the same, including reasonable
(c) Neither the failure of either Party to exercise any power attorneys'fees and costs,incurred by the prevailing Party in the
given such Party nor to insist upon strict compliance by the other snit shall be paid by the other Party.
Party with its obligations under this Agreement,nor any custonh
or practice of the Parties at variance with the terns of this (t) Owner and Contractor each hereby waive their respec-
Agreement shall constitute a waiver of either Party's right to Live rights to trial by jury of any cause of action,claim,counter-
demand exact compliance with the terms of this Agreement. claim,or cross-complaint in any action,proceeding,andior hear-
ing brought by either Owner against Contractor, or Contractor
(d) This Agreement contains the entire agreement of the Par- against Owner,as to any matter whatsoever arising out of or in
ties with respect to the Property and with respect to the Work, any way connected with this Agreement, the relationship of
and no representations, inducements, promises, or agreements. Contractor and Owner, Contractor's use or occupancy of the
oral or otherwise.between the parties not embodied or incoipo- Project, any claim of injury or damage• or the enforcement of
rated in this Agreement by reference shall be of any force or any remedy under any law,statue,or regulation,emergency or
effect.The parties acknowledge that all prior agreenents,repre- otherwise, now or hereafter in effect. However. Owner and
sentations and negotiations concerning the subject matter of this Contractor agree that this waiver shall not be effective where the
Agreement, or collateral to it, are deemed superseded by the legal effect of such waiver would be to invalidate in whole or in
execution of this Agreement to the extent they are not incorpo- part,or to limit or impair in any manner any policy of insurance
rated in it and that this Agreement shall be deemed to be inte- in force for the benefit of Owner or Contractor or to limit or hit-
grated. The parties further acknowledge that if the terms of this pair any rights,remedies or coverage afforded thereunder.
Agreement conflict with the terms of any exhibits attached here-
to,the terms of this Agreement shall apply. (in)OFAC Certification, Contractor represents that it is not
now and had never been listed or named as,nor has it ever acted
(e) This Agreement shall be binding upon and shall insure to directly or indirectly ter or on behalf or any person, group or
die benefit of the Parties and their respective personal represent- entity or nation named in any Executive Order or by the United
atives,successors,and assigns. States Treasury Department or any other state or federal agency-
(f) No amendment to this Agrecmcnt shall be binding on a as a terrorist, or a "Special Designated National and Blocked
Party unless the amendment is in writing and is executed by the Person," or other banned or blocked person, entity, nation, or
Party against whom enforcement of the amendment is sought. transaction pursuant to any law,order,rule,or regulation that is
(g) Time is of the essence of this Agreement. enforced or administered by the Office of Foreign Assets Con-
(h) This Agreement may be executed in several counter- trol C'OFAC")or any other state or federal agency.
parts,each of which shall be deemed an original,and all such (n) The Lxhibits attached to this Agreement are incorporated
counterparts together shall constitute one and the same instru- in it. In the event of any inconsistency between such Exhibits
ment, and this Agreement,this Agreement shall control.
IN WITNESS WHEREOF,Owner and Contractor.have executed this Agreement under seal as of the day and year rLrst above writ-
ten.
CONTRACTOR: OWNER
PLNfTATm Ilv mRms LLC HERTZ FORT WORTil I NTRGY WAY,LP
Z, ell
Name: ��,f��. � �1� Name: slll��-�f�l✓(�. ��.
Its: !' Its:
4f✓�!i r,�, 1-� 1�,.9'f t G". �,..�
5
EXHIBIT A
SCOPE&SCHEDULE OF WORK
y !
li O�i ]'I.A N'I'ATI()N
UecPn�b:.r a,2i)11
TC C'tnsty DuBois
S.E.Seaman Company
FROM Mark Teague
mantattnn ntrriofl
RC: '=he5apeake interior]ree'nstatlaven
The Followingis a descrrpt€nn of the it tailorTree instaLation and a s;tmrnaiy of the titarjes for the
mstallation of the tars an i dreoratty-contain-ri t4,the Che,apcal,a nr+r,rt-
INSTALLATION:
As i mentioned Ambius w.d be partnering*nth us to pruyade the trees and antallation of the trees and
w;il prov`de insirance cemf'^stes far thµ,pre!ect I wlit be pres,mt thrnutrhaut the instal'
I have rat rested that they f re vide"n wnt nq that thv,,will be responslht,:r^r:;r,�d=maCe to the
propem{drtring!"InSr_' ;.,d tf,t thry i --'.r I,,day guarani"on€fv-(n uE t,:.r;;use they
at-in e000 health when:ista'ed � .r c?,i±er•that they w 1:==,ifl,•thr in,t t,r;pmfess,cnally
The trees will be bro;t%ht in frcr.the:S,�N,,; �,Fir..'-1;w^o pnr v,Se these iafgt?t,,t +:lr«v%, Thr,w.,.
be removed front the truck and brougm it,w,!:•,a Eree doily to the lobby. Thell they w.J Le iiited by
means of a tree gantry loth the tonrar,_ rs T!-e f",n w,ll tn!Crult-cted with whirr n".ilt,+
DECORATIVE CONTAINERS-,
Plantation interiors @s providing the decorative container,wt+,Ch will bit-costuin made f,,r these large
trm arts waif"speclaffy bud!to accommodate the weight. ;❑additran we have had heavy duty casters
aadrtd u them>U we can rotate the trees to wevent Nvm 1,,-!:—r,min,t ,iw sjd,d.,,they
toward the light.A p,ctum of the style and shape of these mmamers is attacr,ea
1
6
PLANTING:
The trees wtf!be Cllrect patted Into a spatial still jr,ix, The biters; Of the . t,rm—H have 1-, r I
Mier to catch any excess water and it can be 59pi.oaed r c')r.if..>;e:r ne: sary that r.P^saner:
into ihr growing medium.ThP ttees will 44.0 have a s;V: v tedsg-),stem Z.;ecad 11. th
rnntalners that will release the water from the bottom ut th rs'-ts to tour:, h.altr,_r i .t
There are,pet'al sense:co th?sr.waterinr sytterns"•-t 'I .rr-Rs;;,te The rL.e t[.*
'Green Product'called Pro(oast Bark which •yr ;.Y;r v:i be.85r:a as iuv_ - -ir.;
THE FOLLOWING IS AN ITEMIZED BREAKDOWN OF THE TREES,ACCESSORIES,SUPPLIES,PREPARAT10%.
DELIVERY AND INSTALLATION ALONG WITH THEIR PRICING:
1/IfiHhY
MI' ��'• C
�.T:
i/Iomy
MT-- ?-
-LL"tr - t«1•[
:;LG85Y
FFt'tla, nEtt."AMTRA :.
u•".,Ltvti'7vCi3 i IIANt+^^t
FOS ALL TREES
MR A" TREES
Al'F
I NB TAt.L VATTRIAL6
,..._
: i Tot-,
PLY�Ir «�V'tr,-•.T::
2
Sell tho attached listed Plaatts tot$20,630.74'and itsa attac hod tistaa eccsas:ary`mitfc.
tot 51 3.203.74'
Gttarga for daiivary and httataliatian is$5,673.45'.
CtWgs for plant preparation is i t20,W0
Fur a total Purchase price of$19,527.9T.
(•)These prices exa:ude taxes
AECORATIVE CONTAINER SPECS,
6 00,^F4848 C)'qC,01;T4PERM STIjARE 48"L A 48';,;X 48",7 •f-•,�t"f
^04,.i
t^ VMt Iy above Mot>sty ilb-e'ten'A,4:, i
M" C£LLA'4E.O'i;Ai"!-nai wwi to cKn®ss to ta•x:to
4;TUP CASTORS FGR PLAN-ERS Cn4848 rs.ra�:aiE°� " 9t
J,�.r]lbs I'tees pws 200 Its of*Her reaatvn't
2 OC C4-363b CARD FF TAPERED SQ,-APE'161*WW x:?
2 00 CASTDR CAS'ORS FJfi FLAN"L4S
t .CitesMaiae q,0- CacrT9D
At y ja ,:mD q deal Cr 02L%ng GY ath9rs
9 tX rrs.,i+t Csl,:Ny C'args C ts330.cf"00( 7 am ntaOatw t try
c:"'ftrs (Ebtfarats,slatldl t0 cnsrx,�al WaiIX'4i d''araa a+1
r l3 f ass 30 rr,-."es
t OQ MBSSa&8 LJ�'r,�0 i-3'.;.prOYid$Ytu VntP'1'4�B3S 6T.4,JC±dt L`IGf 3N2S1
pmv A 90"'dsl.a .t.s rek,_Nd pram to Dv rn w�cat w nt^'
p,.cuq on •lit•r-'tcra:•n::cm+c>s;cA
±0 Lsa0 We Lead WOO 5-8 weeks plan t —k'l time
Moid Set;;p i0 bk'ta CF48,W I:�CF4842
3
8
PRICING FOR CONTAINERS AS SPECIFIED ABOVE S 19,50E.00 r Ti,
PAYMENT TERMS:
A 50%deposit is required In advance and the remainder Is due upon completion.
MAINTENANCE PROGRAM
the Marnte°sanca includes the tol:oK3:tg.
a. `W pettlon of Sri!r*65ture lens s and rc;1:^,r Frr. _.s 1,r_c, ,•y.
':Tsprctinn c:f tip%^A and ff i agr for ios. t•.. �I�,.>' .1 't� .ur,...Y .irT :r,S
:+ vi^tr^:.nr and dnac.ng Grall f6tage,re
t -sne,dra
4. Rotat,a:a ul;.lants,as necessary,relative to a j predominant ght source in order to maintain
mr,t'.ye hiif.e.
S ':titntenanceofore per growing medium nutrientlevels.
r g r,f .n.,n ,�,Nve rciniainrr5 as�ecrssarf t:'leaning ar:i•ar�p ng of piart fniage.shen
x ti to rnhanc:e tFr stir,iramp and prnmctr:tie health of•he plant$
a-;t of pants for p,-,t..r dl;r'asr ay needed
11"' _we—e Re!.,te tt,se:vlcing your account
AJ r:..•.:.-...rS'Insatalr_0 t:i r- 'ge
9
,.-race a I-i-v:udTs r-Eiiar-. 5.; t
xc I xojv.,e are dc;I'r 4.-,.a'tlie irr..jS ar
Price per month f0t maintenance preUgirn T2S,00+T;jx
NOTE: Large trecs.Once ad,)pteo t I the ipdLv- �-i, .I,r;years I ti f
min rig to maintain the chap(,. 11-.rafrt,We t*,j t t f1c1c, n 6ujra'.e,for I!,trrrs aE jtr,
veri costly to est late and hj(g,,Im, 't 3 t-`C, ;,' 1— .1 �r 4drei ":-('F I.Wo'.'"
jjl
charge Just fc^that replac&nPrit. Tm �A -i vr �t,,%tr,rre,'ous over what r
intQriorsuve cor)pantei do wah large tiers in malls and t i'jonv due to them ngreIV
Be aware that It Is not unusual for a ficus tree to drop a percentage of the liiAvos during its Initial
adaptation to its new envfrcnmtnt.This Is"t unusual and WIt Stop at the tree adapts to Its new
location.
Special ServIces:
We Mil Provicle,wnctal[loan-rig and frri,ninj,' I' tries frc'n t"ne tob-t as needed ar.c wi
rpejuir,thr use ctv -r ;, t,f, {.1 1.. - --,-r tt. , r r�to�3 wd dr,p,can, r F, .r,
co we can do a Morp t h 1r0u 9 1,clean. run ri,c f the t r— to r-uv,.their a Li t}.tali iip.i it
1",00+Tow each time
APPROVED:
signat ur
Print Name "C
Date
FORTWORTH
City of Fort Worth Bidder Registration Directions
To register with the City of Fort Worth please follow the below steps
using Internet Explorer:
Note: if you need assistance within the system while completine registration,there is a help icon
for each section.
Step 1 —Access http://fortworthtexas.gov/purchasing/ , use the Supplier
Information box and chose Log In with the City of Fort Worth.
PeopleSoft Supplier Portal
Step 2 — On the right side in the PeopleSoft Supplier Portal — Select
Registration
Step 3 — Select "Register as a Bidder'—Register Now
The field with the asterisks are required.
Step 4 —Under Select Activity Below— select Business or Individual
Step 5 —Under Unique ID(W-9/TINIdentification Number)& Company
Profile:
Enter the following:
a) W-9/TIN Number - no dashes
b) Legal Entity Name — Generally found on line 1 of your
W-9. This name must matched your W-9/TIN number
and be registered with the IRS. To list a DBA use the
additional name field.
Step 6 —Under Profile Questions
*****These fields are not text fields****
FORTWORTH
Complete the following questions by using the calendar and magnifying
glass accordingly for each question. If you are not certain, please answer to
the best of your knowledge.
Step 7 —Under Standard Industry Codes (These codes will used by the City
to notify you for purchasing opportunities so please choose as many
categories that are associated with your company to ensure you will
receive these)
Select the following:
a) SIC Code Type —Use dropdown and select UNSPSC
b) Category Code — Select magnifying glass
c) Lookup Category Code —Under SIC Code Type —
Description change "Begins With" to "Contains" and
input a key word that would be associated to your
company's business. This will give you a listing of the
categories the City has to choose from.
** TIP. The search is recommended to use the "contains field", in order to
search all category codes associated with your business. These are broad
categories
Step 8 —Under Primary Address — Complete the following:
a) Country
b) Address Lines
c) City
d) County
e) Postal
f) State
g) Email ID ( Email Address)
Step 9 —Under Other Addresses — Check any other addresses that
correspond to your business needs, such as if you use a different remit to
address from your primary address.
FORTWORTH
Step 10 —Under Company Contacts— Select the Add Contact, Primary
Contact— Enter the following:
a) First Name
b) Last Name
c) Title — Current Job Title
d) Email ID — Email Address
e) Telephone
f) Fax
g) Contact Type (not a text field, please use the drop down
to select)
Step 11 - Under User Profile Information — Enter the following
a) Requested User ID — Create a Username
Please do not use special characters in the
username such as &,#,$.
b) Enter Description— Current Job Title
c) Language Code
d) Time Zone
e) Currency Code
Step 12 — Review email address - Under Terms and Conditions— Select the
Terms and Agreement Hyperlink - Select the box to accept the Terms
Step 13 — Click Submit