HomeMy WebLinkAboutContract 55658CSC No. 55658
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NON-EXCLUSIVE MOWING SERVICES AGREEMENT
This NON-EXCLUSIVE MOWING 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 New Era Contract Services LLC ("Contractor"), a Texas LLC, acting by and through
Mike Lauderback, its duly authorized representative, each individually referred to as a"party" and
collectively referred to as the "parties."
WHEREAS, City through its Code Compliance Department, contracts for mowing services of
private properties within the City;
WHEREAS, through ITB No. 21-0024, the City solicited bids to award non-exclusive services
agreements to multiple bidders for mowing services on an as-needed basis in the City with an aggregate
amount of up to $400,000.00 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 services to the City; and
WHEREAS, City and Contractor wish to set out terms of Contractor's non-exclusive mowing
services.
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Non-Exclusive ServicesAgreement;
2. Exhibit A— Scope ofServices;
3. Exhibit B— Price Schedule;
4. Exhibit C— City of Fort Worth Bid Solicitation ITB No. 21-0024;
5. Exhibit D— Contractor's Response to City of Fort Warth ITB No. 21-0024;
6. Exhibit E— Verification of Signature Authority;and
7. Exhibit F —Insurance.
A11 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.
SCOPE OF SERVICES.
1.1 Contractar shall provide mowing services under the terms and conditions set forth
under this Agreement. Exhibit "A," - Scope of Services more specifically describes the services
to be provided hereunder.
1.2 Contractor understands and agrees that the City wi11 award non-exclusive purchase
agreements to multiple bidders for services as outlined in City of Fort Worth Bid Solicitation (ITB No.
21-0024) which is attached hereto as Exhibit C, and incorporate herein for all purposes. Contractor
further understands that the aggregate amount of all contracts awarded to multiple contractors under ITB
No. 21-0024 shall be an amount not to exceed $ 400,000.00 per year, and the City makes no
OFFICIAL RECORD
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Page 1 of 71 FT. WORTH, TX
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 21-0024 ("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 Contractor's assignments.
Contractor shall perform the Services in accordance with each Wark 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 the date the Assistant City Manager signs this
Agreement(`Bffective Date") and shall e xp ir e one (1) year from the date the Effective Date ("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 4 renewal period.
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 Four Hundred Thousand U.S. Dollars and No Cents ($400,000.00). City
makes no promise ar guarantee of the total amount of wark that will be assigned to Contractor under this
Agreement. Furthermore, Contractor understands and agrees that the compensation amount is not a
guarantee of compensation payable to the Contractor, rather it is a not to exceed amount. 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-a�propriation 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 a11 City provided data to City in a
machine readable format or other format deemed acceptable to City.
4.4 Non—Performance. Contract may be terminated in the event of non-performance
occurrence as described in section 5 of this agreement.
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NON-PERFORMANCE
5.1. Non-Performin,� Occurrences. Contractar acknowledges that an Incident Report Form
wi11 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
resultin:
a) First Occurrence: When a Contractor fails to perform according to the Agreement and/or
specification, the Code Compliance Department Director or designee, will document in
writing the issues to the Contractar 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 willbe forwarded
to the Purchasing Division.
b) Second Occurrence: If Contractor's performance remains unsatisfactory, the Code
Compliance Department will notify the Purchasing Division. The Purchasing Division wi11
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).
c) 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
6. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
6.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made fu11
disclosure in writing of any existing or potential conflicts of interest related to Contractor services under this
Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Contractor hereby agrees immediately to make full disclosure to Ciry in writing.
6.2 Coniidential Information. Contractor, for itself and its officers, agents and employees, agrees
that it will treat all information provided to it by City ("City Information") as confidential and will not disclose
any such information to a third party without the prior written approval of City.
6.3 Public Information Act. 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. In
the event there is a request for information marked Confidential or Proprietary, City will promptly notify
Contractor. It will be the responsibility of Contractor to submit reasons objecting to disclosure. 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.
6.4 Unauthorized Access. Contractor must store and maintain City Information in a secure
manner and wi11 not allow unauthorized users to access, modify, delete or otherwise corrupt City Information
in any way. Contractor must notify City immediately if the security or integrity of any City Information has
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been compromised or is believed to have been compromised, in which event, Contractor wi11, in good faith,
use all commercially reasonable efforts to cooperate with City in identifying what information has been
accessed by unautharized means and will fully cooperate with City to protect such City Infarmation from
further unauthorized disclosure.
7. 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.
8. 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 offcers, 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 far any and all payment and reporting of taxes on behalf of itself,
and any of its officers, agents, servants, employees or subContractor.
9. LIABILITY ANDINDEMNIFICATION.
9.1 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 THISAGREEMENT.
9.2 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 COSTS,
ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR
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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").
9.3 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 toCity.
9.4 It is agreed with respect to any legallimitations 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 modiiied, the indemnification obligation shall continue in full force and effect.
9.5 Contractar 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 Ciry may be responsiblehereunder.
10. ASSIGNMENT AND SUBCONTRACTING.
10.1 Assienment. 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.
10.2 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.
11. INSURANCE.
Contractor shall abide by the insurance requirements set forth in Exhibit E, which is attached
hereto and incorporated herein for all purposes.
12. COMPLIANCE WITH LAWS. ORDINANCES. RULES ANDREGULATIONS.
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 correctthe violation.
13. NON-DISCRIMINATION COVENANT.
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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.
14. 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 parry, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received
by the other party by United States Mail, registered, return receipt requested, addressed as follows:
To CITY:
To CONTRACTOR:
City of Fort Worth New Era Contract Services LLC
Attn: Valerie Washington, Assistant City Manager Mike Lauderback, Contractor Administrator
200 Texas Street 2335 Decatur Ave
Fort Worth, TX 76102-6314 Fort Worth, TX 76106
Facsimile: (817) 392-8654 Phone: (817) 994-2474
With copy to Fort Worth City Attorney's Office at
same address
15. 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.
16. GOVERNING LAW / VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County, Texas or the United States District Court far the Northern
District of Texas, Fort WorthDivision.
17. SEVERABILITY AND NO WAIVER.
171 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.
17.2 The failure of either pariy 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.
18. SOLE AGREEMENT. AMENDMENTS. CAPTIONS. AND INTERPRETATION.
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18.1 This Agreement, including all attached exhibits, contains the entire understanding and
agreement between City and Contractor, their assigns and successors in interest, as to the matters contained
herein. Any priar or contemporaneous oral ar written agreement is hereby declared null and void to the
extent in conflict with any provision of thisAgreement.
18.2 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.
183 Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of thisAgreement.
18.4 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 thisAgreement.
19. AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES.
19.1 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.
19.2 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.
20. IMMIGRATION NATIONALITYACT.
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-9). Upon
request by City, Contractar 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.
21. 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.
20. FORCE MAJEURE.
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; iires; 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
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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 12 of this Agreement.
21. WARRANTY OF SERVICES
Contractor warrants that its services will be of a high quality and conform to generally prevailing
industry standards. City must give written notice of any breach of this warranty within thirty (30) days from
the date that the services are completed. In such event, at Contractor's option, Contractor wi11 either (a) use
commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or
(b) refund the fees paid by City to Contractor for the nonconforming services.
22. OWNERSHIP OF WORK PRODUCT.
City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation that are created, published, displayed, or produced in conjunction with the services provided
under this Agreement (collectively, "Work Product"). Further, City will be the sole and exclusive owner of
all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable
aspect of the Wark Product will be considered a"work-made-for-hire" within the meaning of the Copyright
Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a
"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Contractor hereby
expressly assigns to City all exclusive right, title and interest in and to the Wark Product, and all copies thereof,
and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City
may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of
retention thereto on the part of City.
23. CHANGE IN COMPANY NAME OR OWNERSHIP.
Contractor must notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records. The president of Contractor or authorized
official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied
with supporting legal documentation such as an updated W-9, documents filed with the state indicating such
change, copy of the board of director's resolution approving the action, or an executed merger or acquisition
agreement. Failure to provide the specified documentation so may adversely impact future invoice payments.
24. PROHiBITiON ON CONTRACTING WITH COMPANiES THAT BOYCOTTISRAEL.
If Contractor has fewer than 10 employees or this Agreement is for less than $100,00, this
section does not apply. 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this 29th day
of Apri� , 2021
(Signature Page to Follow)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
YaCe�ie- Wa�trttz
B�1; Valerie Washington (Apr29,2 113:49 CDT)
Name: Valerie Washington Title:
Assistant City Manager
Date: Apr 29, 2021
APPROVAL RECOMMENDED:
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Chris McAllistcr (Apr26, 20211425 CDT)
Y�
Name: Chris McAllister
Title: Code Compliance Superintendent
ATTEST:
By:
Name: Mary Kayser
Title: City Secretary
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CONTRACTOR:
}�aWq�Gl LqUGIB�bAGK
B�7. Howard Lauderback (Apr26, 202ll427 CDT)
Name: Mike Lauderback
Title: Contract Administratar
Date: Apr 26, 2021
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance and
reporting requirements.
l ,/izG� �`GG(y ����QiL
B Chris McAllister (Apr26, 20211428 CDT)
Y�
Name: Chris McAllister
Title: Code Compliance Superintendent
APPROVED AS TO FORM AND LEGALITY:
CGI�%sto,�G�e��{�rt�iq
B�7: ChristopherA stria(Apr29,202110:18CDT)
Name: Christopher Austria
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 4-6-21 0236
Form 1295: 2021-716758
ATTEST:
By:
Name:
Title:
OFFICIAL RECORD
Non-Exclusive Services Agreement
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
SCOPE OF SERVICES
1) SCOPE
Contractor shall provide all necessary labor, material, and equipment to provide mowing 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, and is
required to submit a firm, fixed cost for all services deliverable under the terms of this Agreement
and Exhibit.
2) EQUIPMENT
a) Contractor shall have available all equipment and material upon arrival at job site orprove
that Contractor has access to all equipment necessary to perform all work outlined in this
Agreement. Failure to do so is cause for rejection of a bid and/or breach ofcontract.
b) Contractor shall provide a list of machinery and equipment that they propose to use in the
execution of the Agreement. See Attachment I, Vendor Qualification Questionnaire. This list
will be used to determine whether or not the bidder can adequately perform the required work.
All equipment the bidder anticipates committing to this contract should be included in the listing.
c) Contractor should have adequate back-up equipment or plan to allow for breakdowns.
d) Insufficient and/or inadequate equipment as determined by the City is cause for rejection ofa
bid. The City reserves the right 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 ofperformance.
e) All equipment shall be in good repair at all times and be operated by a responsibleemployee of
the vendor.
3) CONTRACTOR REQUIREMENTS
a) Contractor must be in good standing with the City of Fort Worth. Contractor will have no
outstanding tickets, warrants or other legal obligation prior to work assignments.
b) Provide list of equipment and maintain listed equipment throughout contract year. Contractor is
subject to inspection by department staff at time of renewal.
4) DEFINITIONS
a) ADEQUATE WORK FORCE: Sufficient equipment, supplies, and personnel to deploy at least
three (3) work crews to three (3) different work sites at the sametime.
b) ALLEY/ALLEYWAYS: A narrow passageway, lane or right-of-way (ROW), especiallyone
running between or behind buildings.
c) CODE COMPLIANCE DEPARTMENT OFFICIAL: The Director of the City of Fort
WorthCode Compliance Department ordesignee.
d) CULTIVATE: To loosen or break the soil around growing plants, or to foster the growth of a plant.
e) EASEMENTS: A right-of-way across a property that may be owned by another or the City.
f) 48 INCH WEEDS: A parcel of land on which at least 75% of the high grass and weeds are 48
inches or greater.
g) GROUNDS MAINTENANCE PROJECT: The area identified and defined in a Code Compliance
ITB 21-0024 PRIVATE PROPERTY MOWING
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work order that describes the work to be completed as described in this Agreement.
h) IMMEDIATE MOW: A request for mowing services to be performed within 24 hoursof notification.
i) IMPROVED PROPERTY: Property that contains a residence, building, or other structure
used for human habitation, or storage of equipment or materials.
j) MEASURING IMPLEMENT: A measuring device approved by the Contract Administrator,
used in photographic evidence, to clearly distinguish the height of the grass/weeds onthe
parcel(s) tobe mowed. See ImageA.
i) All measuring devices shall be inspected and approved by the contract administrator orthe
departmenYs designee within fifteen (15) working days after awarding of the Agreement.
Any replacement device shall be approved prior to the device being used
k) LINEAR FOOT: An area one foot (12") in length by three feet (36") in width
I) PARCEL OF LAND: Lots, tracts, or acres of land that are titled under ownership asprovided
by the Tarrant Appraisal District (TAD) and Tarrant County ownership records.
m) PARKWAYS: The area of public right-of-way located between the curb or edge ofpavement
and the property line.
n) 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.
o) 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. See ImageA.
p) 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.
q) TRASH & LITTER: Any debris within the grounds maintenance project area including, butnot
limited to, paper, plastic, cans, bottles, cardboard, rags, limbs and branches four(4) inches or
smaller in diameter.
r) UNCULTIVATED: Plants, flowers, vegetables, or weeds growing without any external efforts.
s) WARRANT MOWS: Warrants mows must be scheduled with the Warrant Officer and must be
completed within 72 hours of the Courts issuance date. Warrant Officer must be on- site prior to
mowing.
t) WORK ORDER/MOWING TICKET: A Notification of Assignment by which the Code
Compliance Department assigns work to be performed at specific properties having a 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.
u) WORKING DAY: Monday thru Friday, from 8:00 AM to 5:00 PM, excluding holidays.
5) INVOICING REQUIREMENTS
a) 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 departmenYs 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.
b) Department determines that the work was accomplished in accordance with the
terms and specifications of theAgreement.
c) 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
ITB 21-0024 PRIVATE PROPERTY MOWING
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within 30 days from the date of acceptance of work.
d) A properly prepared invoice shall be typewritten or computer printed and shall include:
i) Contractor name, federal tax identification number, address, phone number, invoicenumber,
invoice date, quantities, unit price, and extended cost.
ii) City issued Purchase Ordernumber.
iii) Violation, Tarrant Appraisal District (TAD)number
iv) Date the parcel of land wasmowed.
v) Address and size of the parcel of land mowed.
vi) Bid price for mowing the parcel of land and the total paymentdue.
vii) Unpaid invoices and/or appeals for work performed must be resolved within 14days
of the invoice date. No previous year invoices will be paid after October15th.
viii) All invoices must be submitted within 15 days of approval from Code Compliance
officer.
ix) Incomplete or inaccurate invoices may result in delayed payments, as they shall be
returned to the Vendor for correction andre-submittal.
(1) The Contractor shall submit corrected/revised invoices within seven (7) calendar days
of notification from the City.
e) 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:
i) The Contractor will be notified in writing within twenty (20) working days of the
invoice's approval date of the alleged overpay or erroneous payment and thework
order number, the amount being withheld, and anexplanation.
ii) The Contractor has the right to appeal the forfeiture. The appeal must be received
within fifteen (15) working days upon the date of the DepartmenYsnotification.
iii) The City will reimburse all outstanding payments withheld if the Contractor's
appeal is determined to be valid.
iv) 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
6) PERFORMANCE REQUIREMENTS
a) NOTIFICATION TO CONTRACTOR OF ASSIGNMENT
i) The Code Compliance Department has the sole discretion to determine the assignment of
work orders.
ii) Contractor shall receive notification of their assignments to mow specific parcels of land.
The Contractor will be required to have high-speed access to the Internet in order to
receive and send work orders with attached photographs. Minimum specifications
required are:
ITB 21-0024 PRIVATE PROPERTY MOWING
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(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.
(2) High capacity color printer capable of 200 imprints with map image perday.
(3) WIRELESS READY- ability to accept work orders and send completed work
orders from a mobile wireless device, laptop, or other similarequipment.
iii) 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.
iv) Contractors will be responsible for ensuring and maintaining compatibility with the
Departments system.
v) Code Compliance reserves the right to accept or deny completed work orders
that are submitted by any other means.
b) PERIOD OF PERFORMANCE
i) The Contractor shall mow all assigned parcels of land within five (5) working days of
receipt of a workorder.
ii) 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 identificationsign.
iii) The Contractor shall provide an action plan to catch up on delinquent work orders if:
(1) The number of delinquent work orders exceeds 15% of the total number of
work orders assigned.
(2) Work orders are over five (5) dayslate.
iv) The Contractor shall respond to all correspondence (letters, email, text, etc.) within 24 hours.
v) The Contractor shall resolve all rejected work orders within three (3) workingdays.
vi) Work orders that are not completed within the specified timeframe will be
considered in default.
vii) 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'sdiscretion.
viii) 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.
c) INSPECTION REQUIREMENTS
i) Contractor shall inspect each parcel of land prior to its mowing to identify any special
issues (vectors, animals, locked fences and warrant requirement, etc.).
ii) 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.
iii) If a warrant is required on any portion of the property, no portion of the property
will be mowed until the warrant isobtained.
iv) 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 workorder.
v) If a parcel of land cannot be mowed for any reason, the Contractor shall submit thework
ITB 21-0024 PRIVATE PROPERTY MOWING
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order to Code Compliance within five (5) working days with a statement providing
justification for not completing the work order.
vi) Code Compliance has the sole discretion to determine whether a work order should
have been closed withoutcompletion.
d) PHOTOGRAPHIC EVIDENCE
6.4.1.TheContractor shall:
(1) Take photographs of each parcel of land prior to commencement of work;and
1. Immediately after completion of the work from the same location asthe
before picture.
(2) Use a measuring device as described in section 4(j).
(3) Position the measuring device in the photo to accurately showthe
overall height ofthe grass/weeds on the entire property.
(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 shall remain in
place for the duration of the mow to provide consistent before and after
documentation.
ii) Photographs Shall:
(1) Be in color from a digital camera as described in section 7(a).
(2) Include the same landmarks in both the before and after pictures with the same
angle and scale.
(3) Provide a panoramic view of the property to be mowed.
(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 theproperty.
(5) Legibly show the identification sign on the measuring device with the
information as described in 4(j) See Definitions.
iii) 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.
e) MOWING OPERATION
i) The Contractor does not need to wait to mow if there are personnel on the premises.
Contractors should call Code Compliance officers to have Police Officers to remove any
persons.
ii) The City will provide work orders in measurements of square feet.
iii) The City shall have all large objects such as furniture removed before ordering mowing
service. If there are objects remaining, Contractors should call Code Compliance Officersto
rid the land of any large objects
iv) Contractor shall cut assigned properties upon which weeds, grass and uncultivated
growth exceed height of twelve (12) inches by using any appropriatemeans.
(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.
(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 ofway)
ITB 21-0024 PRIVATE PROPERTY MOWING
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and one hundred (100) feet back from any improved adjoining property.
v) Contractor shall not discharge grass, weeds or debris onto streets, sidewalks, and/orright
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.
(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.
vi) Contractor shall mow or trim, at no additional charge to the City, all:
(1) Right of ways (ROW), easements, and parkways adjoined to the parcel of land.
(2) Around buildings, trees having a diameter greater than two (2) inches, fences,
and obstacles in the right of way (fire hydrants, signs, etc.).
(3) Ditches, dirt mounds, and around vehicles and otherobstacles.
vii) 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.
(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.
viii) The Contractor shall remove all trash and litter as defined in section 4(q), 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 separatecharge
ix) 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.
x) 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 Contractorto
ensure that weeds, grass and uncultivated growth that exceed a height of twelve (12)
inches and meet all terms and specifications of this Agreement.
xi) 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 tomowing.
f) Rejection of Contractor's Work
i) 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.
ii) Work will be rejected and payment denied for work performed that is not in
accordance with , but not limitedto:
(1) Missing or inadequate photographicevidence.
(2) Missing or incomplete workorders.
(3) Mowing of incorrectparcels.
(4) Mowing of only the right-of-way, easements, parkways, or alleyways without
written approval from a Code ComplianceOfficial.
(5) Incomplete or inadequate mowing of assigned workorders.
iii) Contractor's Appeal of Rejected WorkOrders
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 43 of 71
a. Contractor may appeal any rejected work to a Code Compliance Official.
(2) It is the Contractor's responsibility to submit any documentation necessary in support
of the appeal.
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.
g) Point of Contact
i) Contractor shall designate at least one (1) person as Point of Contact with office phone orcell
phone number for accessibility.
ii) Contractor's Point of Contact shall respond to calls or voicemails within one (1) hourduring
normal business hours.
iii) The person designated for this purpose shall be identified in the bid submittals.
iv) Notification of any changes in contact numbers or personnel shall be in writing and emailed to
the Code Compliance ContractAdministrator.
h) Other Provisions
i) 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, maintainingsignals
and open passageways, and protecting the same where exposed.
ii) 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 Administrator via
by phone or email within (2) hours afteroccurrence.
iii) 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.
iv) Contractor shall train sub-contractors or employees to use the safest methods and equipment
available in transporting, mowing, cutting and cleaning operations.
v) All of the Contractor's equipment will be maintained in safe operating condition.
vi) Contractor shall take precautions at all times for protection of person and property. Safety
provision of all applicable laws and ordinances shall be strictlyobserved.
ii) Non-Performing Contractor(s)
i) 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:
a) First Occurrence: When a Contractor fails to perform according to the Agreement and/or
specification, the Code Compliance Department 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.
b) 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"
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 44 of 71
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).
c) 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
ITB 21-0024 PRIVATE PROPERTY MOWING
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IMAGE A
PROPERTY IDENTIFICATION SIGN
Non-Exclusive Services Agreement
Oia x 6' Ht
Page 17 of 25
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 64 of 71
Property Identiii�atian Sign
EXHIBIT B
PRICE SCHEDULE
Prices for each parcel or land or property shall be calculated on the numbers set forth below:
Parcel size of less than 8500 sq ft Parcel size of 8500 sq freet to 1 acre Parcel size greater than 1 acre
$64.00 $64.00 $64.00
Non-Exclusive Services Agreement
Page 18 of 25
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 64 of 71
EXHIBIT C
CITY OF FORT WORTH BID SOLICITATION (ITB NO. 21-0024)
FURT WURTH.
Event ID
CFWOl-21-0024
Event Round
1
Event Name
ITB Private Pro
Start Time
12/09/2020 08:0
CITY OF FORT WORTH BID OFFER
Page I Invited: Event Details
Version
Submit To: City of Fort Worth
Finish Time
O1/07/2021 1
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Event Description
The City of Fort Worth (City) invites participation from qualified bidders to provide an ongoing service for
private property mowing for the Code Department per the attached specifications.
Terms & Conditions
A pre-bid conference will be held at 9:00 AM, Tuesday, December 15, 2020 via WebEx.
Meeting Link: https://fortworthtexas.webex.com/fortworthtexas/j.php?MTID=mfe300ccebc94b282e446bc8235f788aa Join by
Meeting number (access code): 126 503 5339
Meeting password: CjW6dMxp2q8
Join by phone: +1-469-210-7159 United States Toll (Dallas)
Join from a video system or application Dial 1265035339@fortworthtexas.webex.com
FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL IMPACTA POTENTIAL VENDOR'S ABILITY TO SUBMIT A FULLY INFORMED
AND COMPETITIVE BID RESPONSE. ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED.
Questions regarding the bid will be due by end of day Thursday, December 17, 2020.
Invitation for Bid (ITB) Cover Sheet
Bids are solicited for furnishing services 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 and time stamped no later than 1:30 P.M., January 7th 2021, and then
and read publicly via live stream on FortWorthTV around 2:00 P.M. Bids must be submitted in a sealed envelope
WITH THE BID NUMBER AND THE NAME OF THE COMPANY WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the
Purchasing Manager. Bids shall be mailed or hand delivered to the following address:
City of Fort Worth, Purchasing Division,
Attn: Megan Fowler
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. 21-0024 PRIVATE PROPERTY MOWING WITH THE NAME OF THE COMPANY 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 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.
Document List:
1) Cover Sheet
2) Signing Sheet
3) Price/Bid Sheet(s)
4) Part I- Instruction to Bidders
5) Part II - Scope of Services and/or Specifications
6) Part III - Standard Purchasing Terms and Conditions/Draft Contract
7) Part IV -Attachments
7.1)Attachment A- Conflict of Interest Disclosure
7.2)Attachment B- Bidder s Contact Information
7.3)Attachment C- Consideration of Location of Bidder s Principal Place of Business
7.4)Attachment D - Reference Sheet
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 1 of 71
.5)Attachment E- How to Register with the City of Fort Worth
.6)Attachment F - Automated Invoice Processing
.7)Attachment G - No Bid Sheet
.8)Attachment H- Detailed Scope of Services/Specifications
.9)Attachment I - Vendor Qualification Questionnaire
.10)Attachment J- Draft Service Contract
" Documents are hereby incorporated into this Solicitation by reference, with the same force and effect as if they were incorporated in full text. The full text
versions of the' Sections are available on the Internet at the following online address: http://fortworthtexas.gov/purchasing
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 2 of 71
FoRr WoRrH.
CITY OF FORT WO TH BID OFFER
EventlD Page
CFWOl-21-0024 2
Event Round Version
1 1
Event Name
ITB Private Pro ert Mowin
Start Time Finish Time
12/09/2020 08:00:00 CST O1/07/2021 13:30:00 CST
Invited: Event Details
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
ITB Signing Sheet
The undersigned, by his/her signature, represents that he/she is submitting a binding bid and is authorized to
bind the respondent to fully comply with the solicitation document contained herein. The Authorized Person, by
signing and submitting, acknowledges that he/she has received and read the entire document packet sections
defined above including all documents incorporated by reference, and agrees to be bound by the terms therein.
Documents are hereby incorporated into this Solicitation by reference, with the same force and effect as if
they were incorporated in full text. The period for acceptance of this bid will be one hundred and twenty (120) calender days after "
Finish time/End Date Time".
Legal Name and d/b/a:
Address:
City, State, Zip:
Bidder/Supplied ID with City of Fort Wort / Federal ID Number (TIN):
Name of theAuthorized Representative:
Title:
Signature of the Authorized Representative and Date:
Email Address:
Phone Number:
Will agreement be available for Cooperative Agreementuse�? Yes No
(� See Section 11, Cooperative Purchasing of Part II, Scope of Services and/or Specifications )
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 3 of 71
FoRr WoRrH.
CITY OF FORT WORTH BID OFFER
EventlD Page
CFWOl-21-0024 3
Event Round Version
1 1
Event Name
ITB Private Pro ert Mowin
Start Time Finish Time
12/09/2020 08:00:00 CST O1/07/2021 13:30:00 CST
Invited: Event Details
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line Details
Line: 1
Description: Qty Unit UnitPrice Total
Work Orders less than 8,500 sq. ft., 750.00 EA
specifications attached.
Line: 2
Description:
Work Orders greater than 8,500 sq. ft. and
less than one acre, specifications attached
Line: 3
Work Orders greater than or equal to one
acre, rate per acre, specifications attached
1250.00 EA
Qty Unit
300.00 EA
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 4 of 71
UnftPrlce
UnitPrice
Total Bid Amount:
Total
Total
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.
1 � _�_ •� •; _; _ •�
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.
1 ': � �► : ►
A pre-bid conference will be held at 9:00 am on Tuesday, December 15, 2020 via WebEx. 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.
� ; _;_ •� • �
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.
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 5 of 71
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.
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 (ordecimal
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 amountof
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:
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4.9.1 All material submitted to the City becomes public property and is subject tothe
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.
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 inthe
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/purchasinc�/, click on "Automated Clearing House
Setup"
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5.1 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.
5.2 Documents required with Bid: The following documents must be submitted with each
Bid prior to the Due Date:
5.2.1 The completed and signed first page of this document;
5.2.2 The Price Offer in Bid Solicitation Sheet(s); and
5.2.3 Any other document included in the Solicitation requiring completion or execution
by the Bidder.
5.3 Addenda: Receipt of an Addendum must be acknowledged by signing and returningthe
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.
5.4 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 receptionisYs 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, couriercompanies,
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 beconsidered.
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6.1 Modification of Bids: Bids may be modified in writing at any time prior to the Due Date.
6.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided thatthe
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.
7.0 OPENING OF BIDS
The Purchasing Division representative responsible for opening Bids shall personally and publicly
open all Bids timely received, reading each bid aloud.
8.0 EVALUATION FACTORS AND AWARD
8.1 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.
8.2 Award. The Method of Award is detailed in Section 19 in Part III Scope of
Services/Specifications (Note: A bidder will be disqualified if they do not earn at least
50% of the technical points available).
8.3 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.
8.4 Reservations: The City expressly reserves the rightto:
8.4.1 Specify approximate quantities in the Solicitation;
8.4.2 Extend the Solicitation opening date and time;
8.4.3 Consider and accept alternate Bids, if specified in the Solicitation, when most
advantageous to the City;
8.4.4 Waive as an informality, minor deviations from specifications provided theydo
not affect competition or result in functionally unacceptable goods orservices;
8.4.5 Waive any minor informality in any Bid or Solicitation procedure (a minor
informality is one that does not affect the competitiveness of the Bidder);
8.4.6 Add additional terms or modify existing terms in the Solicitation;
8.4.7 Reject a bid because of unbalanced unit prices bid;
8.4.8 Reject or cancel any or all Bids;
8.4.9 Reissue a Solicitation;
8.4.10 Procure any item by other means; and/or
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8.4.11 Award to multiple vendors on a non-exclusive award basis, or primary and
secondary vendors.
9.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS
9.1 Certificates of Insurance: When insurance is required, the successful Bidder must
provide Certificates of Insurance in the amounts and for the coverages required tothe
Purchasing Office within 14 calendar days after notification of award, or as otherwise
required by the Solicitation.
9.2 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.
9.3 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 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.
9.4 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.
10.0 PROTEST PROCEDURE
10.1 Vendors 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.
10.2 The vendor must submit any protest in writing to the Purchasing Manager within 14 days
after the vendor knows, or should have known, of the facts relating to the proposed
action or award.
10.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a
purchasing action through telephone discussions, mail, and email or in person meetings
with the protesting vendor.
10.4 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 vendor of the
right to review by a panel made up of City staff.
10.5 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.
10.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which
the vendor does not agree, the protesting vendor 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 vendor will be instructed to arrive prior to
the start of the City Council meeting and complete a card requesting to speakconcerning
the particular Mayor and Council Communication document (M&C) in question.
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10.6.1 Vendors wishing to speak before the City Council should review the rules for
registering to appear before City Council located at:
http://fortworthtexas.qov/citvsecretarv/info/default.aspx?id=2914 on the City's
website.
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11.1 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.
11.2 If the successful bidder agrees to extend the resulting contract to other governmental
entities, the following shall apply: Governmental entities within utilizing Contracts withthe
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
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PART - III
SCOPE OF SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City) seeks bids to finalize an Agreement for private property
mowing as described herein on an "as needed basis for the Code 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"/"Vendor."
1.2 The term of the Agreement shall be for a one-year (1) period, with four (4) options to
renew for additional one-year periods. Upon the expiration of the Initial Term, the
Agreement shall renew automatically under the same terms and conditions for up tofour
(4) one-year renewal periods which shall expire on completion of total five year duration,
unless City or Vendor 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 / Vendor.
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 withthe
bid.
1.4 Unit prices shall include all costs associated with the specified work, including butnot
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 compliancewith
these requirements.
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The Vendor hereby agrees to provide the City with requirements attached hereto and incorporated
for all purposes incident to this Agreement in Attachment "H", Scope of Services/Specifications,
more specifically describing the services to be provided hereunder.
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3.1 The Vendor 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.
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4.1 The Vendor 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,
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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 Vendor is
required to comply with new policy. Any mandates requiring the City to comply with new
guidelines will also require the Vendor to comply.
5.0 INVOICING REQUIREMENTS
5.1 The City is implementing an automated invoice processing system. Please see
Attachment F for each department's "Go live date" and requirements.
5.2 Till implementing automated invoice:
5.2.1 All invoices should be submitted directly to the requesting department. It is the
responsibility of the Vendor to get the name of the responsible person, telephone
numbers and address of the department's division at the time the service is
requested.
5.2.2 A properly prepared invoice shall be typewritten or computer printed and shall
include the Vendor's name, number and federal tax identification number, invoice
number, address, date, service or item description, unit price, extended cost, and
City issued purchase order number. Incomplete or inaccurate invoices mayresult
in delayed payments, as they shall be returned to the Vendor for correction and
re-submittal.
6.0 UNIT PRICE ADJUSTMENT
6.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the
renewal period but before the effective date of the renewal upon written request fromthe
Vendor.
6.2 The Vendor must submit its price adjustment request, in writing, at least 60 days before
the renewal effective period. The Vendor 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 entiretyand
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 newsolicitation.
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 oferrors
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. Vendor will be reimbursed for
this service at the prior agreement rate(s). Vendor 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 Vendor without a 30 day prior
written notice to the City.
7.0 QUANTITIES
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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 theCity.
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8.1 The Vendor 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 Vendor
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 begrounds
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 Vendor 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 Liabilitylnsurance
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.
8.2.2 Commercial General Liability Insurance including Explosion, Collapse, and
Underground Coverage shall be provided asfollows:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
Coverage shall include but not be limited to the following: premises/operations,
independent vendors, 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 asfollows:
$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.
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8.2.4 The Vendor shall furnish the Purchasing Manager, with a certificate ofinsurance
documenting the required insurance prior to the commencement ofservices.
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 ofcoverage.
8.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth asan
additional insured, as its interests may appear (ATIMA).
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9.1 The City, its officers, employees and servants shall be endorsed as an additional insured
on Vendor's insurance policies excepting employer's liability insurance coverage under
Vendor's workers' compensation insurance policy.
9.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit
must be received before Vendor can begin work. Failure to supply and maintain such
insurance shall be a breach of contract. Vendor shall provide complete copies of all
insurance policies required by this Agreement. Certificates of insurance must besupplied
to:
Financial Management Services Department
Attention: Purchasing Division Bid #21-0024
200 Texas Street, Fort Worth, Texas 76102
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 currentA.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 notexceed
$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 orrisk
retention groups. The City must approve in writing any alternative coverage.
9.7 Workers' compensation insurance policy(s) covering employees of the Vendor 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 costsfor
Vendor's insurance.
9.9 Vendor'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.
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9.10 While the purchase order is in effect, Vendor shall report, in a timely manner, to the
Purchasing Department any known loss occurrence that could give rise to a liabilityclaim
or lawsuit or which could result in a property loss.
9.11 Vendor's liability shall not be limited to the specified amounts of insurance required
herein.
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10.1 Failure of the City to insist in any one or more instances upon performance of any ofthe
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 Vendor'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) inthe
price agreement.
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12.1 Subcontracting of the work under this Agreement will be allowed provided the
subcontractors abide by the performance standards and the Vendor handles their
subcontractors as employees of their company.
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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.
13.2 There may be instances when the Vendor may be asked to accelerate delivery ofan
order(s) due to extenuating circumstances. When this occurs, the Vendor will be
expected to provide this service at no additional cost.
13.3 In the event the Vendor is unable to meet the original delivery date(s), the City mustbe
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
departmenYs Release Number.
13.5 Delivered items that are determined to be defective or not meeting bid specificationsshall
be picked up and replaced by the Vendor, or the Vendor'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 oftoxic
ITB 21-0024 PRIVATE PROPERTY MOWING
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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 Vendor in non-compliance and shall
result in civil or criminal penalties. The Vendor 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 Vendor 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 Vendor 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 Vendor or any supplier at any tier.
14.1.2 Vendor 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 Vendor shall remedy at the Vendor's expense any non-conforming or
defective products or work. In addition, the Vendor shall remedy at Vendor'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 productsfurnished.
14.1.5 The Vendor's warranty with respect to products repaired or replaced will runfor
90 days from date of installation and acceptance of such by the City.
14.1.6 The City of Fort Worth shall notify the Vendor, within a reasonable time afterthe
discovery of any failure, defect, or damage.
14.1.7 If the Vendor 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 Vendor's
expense.
14.1.8 This warranty shall not include failures attributable to accident, fire, ornegligence
on the part of City personnel.
14.2 With respect to all warranties, expressed or implied, from manufacturers, or suppliersfor
work performed and materials furnished under this contract, the Vendorshall:
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
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15.1 The Vendor 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).
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16.1 The Vendor is required to notify the City immediately of any hazardous conditionsand/or
damage to City property.
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17.1 Contract administration will be performed by the City Department. In the event the
Vendor fails to perform according to the terms of the agreement, The Department head or
his/her designee will notify the Vendor, in writing, of its failures. A meeting may be
arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared
giving the Vendor 14 calendar days to cure anydeficiency.
17.2 In the event the Vendor 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 convenienceor
default. If the agreement is terminated for default, the Vendor may be held liable for
excess cost and/or liquidated damages.
17.3 The Vendor 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 Vendor shall immediately stop all
work hereunder and shall immediately cause any and all of its suppliers and sub Vendors
to cease work. Subject to the terms of this agreement, the Vendor 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 Vendor 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 Vendorexceed
the agreement price. The Vendor shall not be reimbursed for any profits which may have
been anticipated, but which have not been earned up to the date oftermination.
: i : �� ; � ��
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 tofulfill
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.
18.1.3 In order to receive bid award consideration, the bidder shall maintain sufficient
resources to fulfill normal City of Fort Worth requirements.
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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. Bids that do not receive 50% or more of the total available points excluding the
points for price will be deemed nonresponsive. The following criteria will be considered to
determine the best value:
19.1.1 Cost of service — Maximum 50 points available
19.1.2 Reputation of the bidder and the bidder's services - Maximum 25 points available
19.1.2.1 Ratings will be based on references provided and relevantexperience
19.1.3 Bidder's past relationship with the City - Maximum 25 points available
19.1.3.1 If no past relationship with the City the vendor will receive a minimum of
12.5 points.
19.2 In order for the City to receive adequate coverage on its requirements as specified inthe
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 Vendor failure or inability to furnish items
within the prescribed time can create emergency situations and impose unnecessary
hardship on both the City as a municipal corporation and the public at large.
20.0 BIDS
20.1 Bidders shall submit the following items with theirbid:
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, AttachmentA;
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 Vendor Qualification Questionnaire, Attachment I;
ITB 21-0024 PRIVATE PROPERTY MOWING
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20.1.8 All items listed in Section 18.0, BidderQualifications;
20.1.9 Scanned copy of all documents listed in paragraph 20.1 in flash drive.
20.2 Failure to submit the items listed in paragraph 20.1 may be grounds for rejection of abid
as non-responsive to the specifications.
21.0 QUESTIONS
21.1 Questions, explanations or clarifications desired by a Vendor regarding any part of the
bid must be requested in writing from the Purchasing Division by end of day Thursday,
December 17, 2020. Interpretations, corrections or changes to the bid made in any other
manner are not binding upon the City, and Vendors shall not rely on such interpretations,
corrections or changes. Oral explanations or instructions given before the award of the
Agreement are not binding.
► •:� : •: . � •► • : _► � : . e •► ��
. ►. . ; . •: ► �� • . ..; • � •; . •
■ ' ■ • ► ► 11 = : • � _ ► � 1l � ► � �
• �
21.2.1 Hand Delivery must be submitted to the Purchasing
21.2.2 Email questions to: FMSPurchasinqResponses(a�fortworthtexas.qov
Please include the bid number, name of the bid and (Megan Fowler) 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: Megan Fowler and Bid NO 21-0024
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 18 of 71
PART - IV
CITY OF FORT WORTH, TEXAS
STANDARD PURCHASING TERMS AND CONDITIONS
� � � •� • ;
The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and sub
vendors who act on behalf of various City departments, bodies or agencies.
� � ► •► • ;
The consultant, Contractor(s), supplier, Contractor(s)or other provider of goods and/or services,
its officers, agents, servants, employees, vendors and sub vendors who act on behalf of the entity
under a contract with the City of Fort Worth.
1 ► • : 11 � � ►
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.
' � '�•■ •� - - ► : •►_ ► : ► •► :_
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 there by 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 XXVI I, Section
16, City of Fort Worth Charter)
�i�i7:7 �7 �:�'�
5.0 No employees of the Buyer or its officers, agents, servants, vendors or sub vendors 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 onlyexceptions
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.
5.1 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.
. 1 ; • - � � � • • �
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.
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 19 of 71
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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.
' 1 � : : 11 _ ► � : _ ► ��7Ci�_��C�7�[ ■ _ :
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 thegoods.
� � • � ;
The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase
change order, or release order.
�i�:7Crl:���7�1�6'i�X��C�]`�
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.
� ': � _::_►
13.1 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. Suchremedies 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
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 20 of 71
from the contract price such commission percentage, brokerage or contingent fee, or
otherwise to recover the full amount thereof.
� � •;•. � _::_► 1
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.
1 _ � �::_►
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.
. � �� � � : ► 3�t���=1���:7
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.
� � _::_► ► ► : ► �� ► • ► •:•• :
17.1 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 thisAgreement.
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
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 21 of 71
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
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.
: � • � ► : . • • � •;. -;•.
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
vendors hereby waives any property interest in such Work Product.
•� ► �•:._
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.
� � �1�[����_r�[�7`I
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.
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 22 of 71
�i���:7���11►/_��C�7�1
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 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.
1 ' ►11 ► � ' •►
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 M IFICATIONS
This contract can be modified or rescinded only by a written agreement signed by both parties.
� . _ : u ►
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 notapply.
.1 � ►
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 ofTexas.
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 23 of 71
�i=I�I�7�»�I�7�►���%]���:7_«t�7:7(+9�
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, vendors and sub-
vendors. The doctrine of respondent superior shall not apply as between Buyer and Seller, its
officers, agents, employees, vendors and sub vendors. Nothing herein shall be construed as
creating a partnership or joint enterprise between Buyer and Seller, its officers, agents,
employees, vendors and sub vendors.
: � _►� ►� �i► •►
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 ORCHARACTER, 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 OREMPLOYEES.
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.
11 _ ►� ► �� _ •►
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.
1 �• • •�;
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.
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 24 of 71
[t�i�►[�]�E�76Y�:71Ji11►1_r�[�7►1
This contract is made and entered into with reference specifically to Chapter 17, Article I II, 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, vendors or sub
vendors, 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 sub vendors herein.
� u�� :_ •► ._ •►_ .
City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing
employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the
identity and employment eligibility of all employees who perform work under this Agreement.
Vendor shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of
all supporting employment eligibility and identity documentation for all employees, and upon
request, provide City with copies of all I-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Vendor 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. Vendor shall provide City with a certification letter that it has complied with
the verification requirements required by this Agreement. Vendor 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 Vendor.
' 1 ■ ■ � ► � ► : • ► 1l ► : Q : 1l ►
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.
i 1 : . • _ �
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 sub vendors 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
sub vendors. 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 sub vendors against Buyer
arising out of Seller's and/or its sub vendor's alleged failure to comply with the above-referenced
laws concerning disability discrimination in the performance of this agreement.
ITB 21-0024 PRIVATE PROPERTY MOWING
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[t�i��]E-91�j��:7�Y�7����[�]`I
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 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.
: 1 • : • . • ► • ► ��7���:7_[��I�C � . • �� ' _ ► 3�:/_�iY�Z'I���il��:7_1=1,
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.
ITB 21-0024 PRIVATE PROPERTY MOWING
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ATTACHMENT-A
•� • � ; � • ;
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or
seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity
(i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire") the person's
affiliation or business relationship that might cause a conflict of interest with the local governmental entity.
By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after
the date the person begins contract discussions or negotiations with the City, or submits an application or
response to a request for proposals or bids, correspondence, or another writing related to potential
agreement with the City. Updated Questionnaires must be filed in conformance with Chapter176.
A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available
at https://www.ethics.state.tx.us/data/forms/conflicUClQ.pdf
If you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have
with the City, state Vendor name in the # 1, use N/A in each of the areas on the form. However, a
signature is required in the #7 box in all cases.
ITB 21-0024 PRIVATE PROPERTY MOWING
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CONFLICT OF INTEREST GIUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questfonnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFlCEUSEONLY
This questionnaire is being filed in aeeordanee with Chapter 176. Loeal Government Code. by a vendor who oafe HMe��en
has a business relationship as defined by Seclion 776.001�1-a) with a Ixal governmenlal entily and the
vendor meets requirements under Sedion 776.006(a).
By law ihis questionnaire must be filed wilh the records adminis�rator of lhe Iocal governmen�al entity not later
than the 71h business day aRer the date the vendor becomes aware ot facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an oNense if the vendor knowingly violates Section 176.006, Local Government Code. An
oflense under Ihls sec6on is a misdemeanor.
� Name of vendor who has a business relationship with local governmental entity.
2 ❑Check thls box It you are fHing an update to a prevlously filed questlonnalre. (The law requires that you fiie an updated
completed quesbonnaire with the appropriale lilfng authonty not laler than the 7th business day after the date on whfch
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name ot local government otticer about whom the Informatlon fs being dlsclosed.
Name of Officer
4 Describe each employment or other business relationship with the local government officer, or a family member of the
otticer, as descrlbed by Sectlon 176.003(a)(2)(A). Also describe any famlly relationship wlth the local government offlcer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
A. Is lhe local government ofticer or a family member o( lhe of(icer receiving or likely to receive taxable income.
other than investment income, irom the vendor?
aYes a No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction
o( the local govemment officer or a family memher of the officer AND the taxable income is not received from the
local govemmental entity?
� Yes � No
5 Descrfbe each employment or buslness relatfonshlp that the vendor named In Section 1 maintains with a corporatlon or
other buslness entlty with respect to whlch the local government otticer serves as an offlcer or dlreCtor, or holds an
ownershlp Interest of one percent or more.
6
� Check this box if the vendor has given the local government officer or a family member of the otticer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7
Signalure of vendor doing business with Ihe governmental entity Date
Form provided by Texas EthiCs Commission www.ethics.state.tx.us Revised 11r30�2015
ITB 21-0024 PRIVATE PROPERTY MOWING
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CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Govemment Code may be found at http:;;�www.statutes.leqis.state.tx.us-
Oocs/LG/htm/LG 176. htm. For easy reference, below are some of the sections cited on this form.
Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties
based on commercial act�vity o( one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local govemmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to lhe public: or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
thal is subject to regular examination by, and reporting to, that agency.
Local Government Code � 176.003(a)(2�(A) and (B1:
(a) A local government o(licer shall (ile a conflicts disclosure statement with respect to a vendor i(:
(2) the vendor:
(A) has an employment or other business relationship wiih the local government o(ficer or a
family member of the officer that resuRs in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental endty and vendor has been executed;
(ii) the local governmental entity is considering entering into a contract with the
vendor:
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than $100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
local Govemment Code 4176.006(al and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government oHicer of that local
governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any
gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(7 ) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a):
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
Form prowded by Texas Ethics Commission www.ethics.state.tx.us Revlsed 17:30r2075
ITB 21-0024 PRIVATE PROPERTY MOWING
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ATTACHMENT — B
BIDDER'S CONTACT INFORMATION
Vendor's Name:
Vendor's Local Address:
Phone: Fax:
Email:
Name of persons to contact when placing an order or billing questions:
Name/Title
Phone:
Email:
Name/Title
Fax:
Phone: Fax:
Email:
Name/Title
Phone: Fax:
Email:
nature Printed Name Date
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ATTACHMENT - C
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 themunicipality.
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.
Do you have a Fort Worth office? If yes, identify address:
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%]
2. Economic Development opportunities resulting from contract.
Number of Fort Worth resident-employees?
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)?
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.
(Company Name) (Date)
(Signature) (Printed Name and Title)
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ATTACHMENT - D
REFERENCE SHEET
Please complete and return this form with your bid.
The Vendor 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
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
Email
2. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
Email
3. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
Email
�
)
�
0
i
�
Fax Number (
Fax Number (
Fax Number (
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 32 of 71
)
)
)
. ■�
. • � • : : � . . • •: � •: .
There are two ways that any business can bid on an event with the City of Fort Worth
1. Access http://fortworthtexas.qov/purchasinq/ and view listed Bids & Requestswithout
registering.
2. Register to become a Bidder (A bidder is someone that wishes to start doing business
with the City of Fort Worth)
To register as a Bidder nlease follow the below stens using,Jnternet Ex Iq orer:
Note: if you need assistance within the system while com Ip eting registration. there is a
hel icon for each section.
Step 1 Access http://fortworthtexas.qov/purchasinq/ and choose Loq In Box under PeopleSoft
Supplier Portal verbiaqe.
PenpleSoft Supplier Pnrtal
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 SelectActivity Below— select Business or Individual
Step 5 Under Unique ID (W-9/TIN Identification 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****
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 choosefrom.
** TIP: The search is recommended to use the "contains field". in order to search
all categ� codes associated with vour business. These are broad categories**
Step 8 Under Primary Address — Complete the following:
ITB 21-0024 PRIVATE PROPERTY MOWING
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a) Country
b) Address Lines
c) City
d) County
e) Postal
f) State
g) Email ID ( Email Address)
Step 9 Under OtherAddresses — Check any other addresses that correspond to your business
needs, such as if you use a different remit to address from your primary address.
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
ITB 21-0024 PRIVATE PROPERTY MOWING
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ATTACHMENT F
AUTOMATED INVOICE PROCESSING
Go live date: 10/28/2019 Go live date: 7/1/2020
PHASE 1 PHASE 2
Business Department Business Department
Unit # Unit #
FW013 FINANCIAL MANAGEMENT SERVICES FW055 AVIATION
FW004 INFORMATION TECHNOLOGY FW002 CITY MANAGERS OFFICE
FW011 CITY SECRETARY
FW007 COMMUNICATION & PUBLIC
ENGAGEMENT
FW008 DIVERSITY & INCLUSION
FW003 PLANNING & DATA ANALYTICS
FW021 PROPERTY MANAGEMENT
Go live date: 3/1/2021 Go live date: 5/1/2021 Go live date: 8/1/2021
PHASE 3 PHASE 4 PHASE 5
Business Business Business
Unit # Department Unit # Department Unit # Department
FW023 CODE FW012 CITY ATTORNEY FW020 TRANSPORTATION
COMPLIANCE & PUBLIC WORKS
FW017 ECONOMIC FW010 CITY AUDITOR FW060 WATER
DEVELOPMENT
FW036 FIRE FW014 HUMAN RESOURCES
FW084 LIBRARY FW019 NEIGHBORHOOD
SERVICES
FW038 MUNICIPAL FW080 PARK & RECREATION
COU RTS
FW035 POLICE FW006 DEVELOPMENT
SERVICES
FW025 PUBLIC EVENTS
Effective "Go live date" for each department stated above, send invoices electronically to our centralized
Accounts Payable department invoice email address: supplierinvoices(c�fortworthtexas.qov. This email
address is not monitored so please do not send correspondence to this email address. The sole purpose
of the supplier invoices email address is to receipt and process supplier invoices.
Please include the following on the subject line of your e-mail: vendor name, invoice number, and PO
number, separated by an underscore (ex: Example, Inc._123456_FW013-0000001234)
To ensure the system can successfully process your invoice in an expedient manner, please adhere to the
following requirements:
• All invoices must be either a PDF or TIFF format.
• Image quality must be at least 300 DPI (dots perinch).
• Invoices must be sent as an attachment (i.e. no invoice in the body of theemail).
• One invoice per attachment (includes PDFs). Multiple attachments per email is
ITB 21-0024 PRIVATE PROPERTY MOWING
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acceptable but each invoice must be a separate attachment.
Please do not send handwritten invoices or invoices that contain handwritten notes.
Dot matrix invoice format is not accepted.
The invoice must contain the following information:
• Supplier Name and Address;
• Remit to Supplier Name and Address, if different;
• Applicable City Department business unit# (i.e. FW013)
• Complete City of Fort Worth PO number (i.e. the PO number must contain all
preceding zeros);
• Invoice number;
• Invoice date; and
Invoices should be submitted after delivery of the goods orservices.
***To prevent invoice processing delays, p/ease do not send invoices by mail �email and please
do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov***
To check on the status of an invoice, please contact the City Department ordering the
goods/services or the Central Accounts Payable Department by email at:
ZZ FIN AccountsPavable(a�fortworthtexas.qov.
If you are unable to send your invoice as outlined above at this time, please send your invoice to our
centralized Accounts Payable department instead of directly to the individual city department. This will allow
the city staff to digitize the invoice for faster processing.
If electronic invoicing is not possible, you may send your paper invoice to:
City of Fort Worth
Attn: FMS Central Accounts Payable
200 Texas Street
Fort Worth, Texas, 76102
The city's goal is to receive 100% of invoices electronically so that all supplier payments are processed
efficiently. To achieve this goal, we need your support!
If you have any questions, please contact the Accounts Payable team at (817) 392-2451 or by email to
ZZ FIN AccountsPavable(a�fortworthtexas.qov.
ITB 21-0024 PRIVATE PROPERTY MOWING
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ATTACHMENT — G
NO BID SHEET
If your firm has chosen not to submit a bid for this procurement, please complete this form and submit to:
Megan Fowler, Buyer
Purchasing Division
City of Fort Worth, 200 Texas Street
Fort Worth, Texas 76102
Fax No. 817-392-8440
E-mail address: FMSPurchasingResponses@fortworthtexas.gov
Please check the items that apply:
� Do not sell the item(s) required.
� Cannot be competitive.
� Cannot meet the Specifications highlighted in the attached Bid.
� Cannot provide Insurance required.
� Cannot provide Bonding required.
� Cannot comply with Indemnification requirements.
� Job too large.
� Job too small.
� Do not wish to do business with the City.
� Other reason.
Company Name:
Authorized Officer or Agent Signature:
Telephone: ( ) FAX Number: ( )
ITB 21-0024 PRIVATE PROPERTY MOWING
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ATTACHMENT H
SCOPE OF WORK/SPECIFICATIONS FOR PRIVATE PROPERTY MOWING
1) SCOPE
The successful bidder(s), hereinafter, "Contractor" shall provide all necessary labor, material, and
equipment to provide mowing 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, and is required to submit a firm, fixed cost for all services deliverable
under the terms of this solicitation.
2) EQUIPMENT
a) Contractor shall have available all equipment and material upon arrival at job site orprove
that Contractor has access to all equipment necessary to perform all work outlined in this
Agreement. Failure to do so is cause for rejection of a bid and/or breach ofcontract.
b) Bidders shall provide a list of machinery and equipment that they propose to use in the
execution of the Agreement. See Attachment I, Vendor Qualification Questionnaire. This list
will be used to determine whether or not the bidder can adequately perform the required work.
All equipment the bidder anticipates committing to this contract should be included in the listing.
c) Bidders should be able to demonstrate adequate back-up equipment or plan to allowfor
breakdowns.
d) Insufficient and/or inadequate equipment as determined by the City is cause for rejection ofa
bid. The City reserves the right 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 ofperformance.
e) All equipment shall be in good repair at all times and be operated by a responsibleemployee of
the vendor.
3) CONTRACTOR REQUIREMENTS
a) Contractor must be in good standing with the City of Fort Worth. Contractor will have no
outstanding tickets, warrants or other legal obligation prior to work assignments.
b) Provide list of equipment and maintain listed equipment throughout contract year. Contractor is
subject to inspection by department staff at time of renewal.
4) DEFINITIONS
a) ADEQUATE WORK FORCE: Sufficient equipment, supplies, and personnel to deploy at least
three (3) work crews to three (3) different work sites at the sametime.
b) ALLEY/ALLEYWAYS: A narrow passageway, lane or right-of-way (ROW), especiallyone
running between or behind buildings.
c) CODE COMPLIANCE DEPARTMENT OFFICIAL: The Director of the City of Fort
WorthCode Compliance Department ordesignee.
d) CULTIVATE: To loosen or break the soil around growing plants, or to foster the growth of a plant.
e) EASEMENTS: A right-of-way across a property that may be owned by another or the City.
f) 48 INCH WEEDS: A parcel of land on which at least 75% of the high grass and weeds are 48
inches or greater.
g) GROUNDS MAINTENANCE PROJECT: The area identified and defined in a Code Compliance
ITB 21-0024 PRIVATE PROPERTY MOWING
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work order that describes the work to be completed as described in this Agreement.
h) IMMEDIATE MOW: A request for mowing services to be performed within 24 hoursof notification.
i) IMPROVED PROPERTY: Property that contains a residence, building, or other structure
used for human habitation, or storage of equipment or materials.
j) MEASURING IMPLEMENT: A measuring device approved by the Contract Administrator,
used in photographic evidence, to clearly distinguish the height of the grass/weeds onthe
parcel(s) tobe mowed. See ImageA.
i) All measuring devices shall be inspected and approved by the contract administrator orthe
departmenYs designee within fifteen (15) working days after awarding of the Agreement.
Any replacement device shall be approved prior to the device being used
k) LINEAR FOOT: An area one foot (12") in length by three feet (36") in width
I) PARCEL OF LAND: Lots, tracts, or acres of land that are titled under ownership asprovided
by the Tarrant Appraisal District (TAD) and Tarrant County ownership records.
m) PARKWAYS: The area of public right-of-way located between the curb or edge ofpavement
and the property line.
n) 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.
o) 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. See ImageA.
p) 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.
q) TRASH & LITTER: Any debris within the grounds maintenance project area including, butnot
limited to, paper, plastic, cans, bottles, cardboard, rags, limbs and branches four(4) inches or
smaller in diameter.
r) UNCULTIVATED: Plants, flowers, vegetables, or weeds growing without any external efforts.
s) WARRANT MOWS: Warrants mows must be scheduled with the Warrant Officer and must be
completed within 72 hours of the Courts issuance date. Warrant Officer must be on- site prior to
mowing.
t) WORK ORDER/MOWING TICKET: A Notification of Assignment by which the Code
Compliance Department assigns work to be performed at specific properties having a 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.
u) WORKING DAY: Monday thru Friday, from 8:00 AM to 5:00 PM, excluding holidays.
5) INVOICING REQUIREMENTS
a) 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 departmenYs 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.
b) Department determines that the work was accomplished in accordance with the
terms and specifications of theAgreement.
c) 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
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 39 of 71
within 30 days from the date of acceptance of work.
d) A properly prepared invoice shall be typewritten or computer printed and shall include:
i) Contractor name, federal tax identification number, address, phone number, invoicenumber,
invoice date, quantities, unit price, and extended cost.
ii) City issued Purchase Ordernumber.
iii) Violation, Tarrant Appraisal District (TAD)number
iv) Date the parcel of land wasmowed.
v) Address and size of the parcel of land mowed.
vi) Bid price for mowing the parcel of land and the total paymentdue.
vii) Unpaid invoices and/or appeals for work performed must be resolved within 14days
of the invoice date. No previous year invoices will be paid after October15th.
viii) All invoices must be submitted within 15 days of approval from Code Compliance
officer.
ix) Incomplete or inaccurate invoices may result in delayed payments, as they shall be
returned to the Vendor for correction andre-submittal.
(1) The Contractor shall submit corrected/revised invoices within seven (7) calendar days
of notification from the City.
e) 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:
i) The Contractor will be notified in writing within twenty (20) working days of the
invoice's approval date of the alleged overpay or erroneous payment and thework
order number, the amount being withheld, and anexplanation.
ii) The Contractor has the right to appeal the forfeiture. The appeal must be received
within fifteen (15) working days upon the date of the DepartmenYsnotification.
iii) The City will reimburse all outstanding payments withheld if the Contractor's
appeal is determined to be valid.
iv) 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
6) PERFORMANCE REQUIREMENTS
a) NOTIFICATION TO CONTRACTOR OF ASSIGNMENT
i) The Code Compliance Department has the sole discretion to determine the assignment of
work orders.
ii) Contractor shall receive notification of their assignments to mow specific parcels of land.
The Contractor will be required to have high-speed access to the Internet in order to
receive and send work orders with attached photographs. Minimum specifications
required are:
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 40 of 71
(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.
(2) High capacity color printer capable of 200 imprints with map image perday.
(3) WIRELESS READY- ability to accept work orders and send completed work
orders from a mobile wireless device, laptop, or other similarequipment.
iii) 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.
iv) Contractors will be responsible for ensuring and maintaining compatibility with the
Departments system.
v) Code Compliance reserves the right to accept or deny completed work orders
that are submitted by any other means.
b) PERIOD OF PERFORMANCE
i) The Contractor shall mow all assigned parcels of land within five (5) working days of
receipt of a workorder.
ii) 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 identificationsign.
iii) The Contractor shall provide an action plan to catch up on delinquent work orders if:
(1) The number of delinquent work orders exceeds 15% of the total number of
work orders assigned.
(2) Work orders are over five (5) dayslate.
iv) The Contractor shall respond to all correspondence (letters, email, text, etc.) within 24 hours.
v) The Contractor shall resolve all rejected work orders within three (3) workingdays.
vi) Work orders that are not completed within the specified timeframe will be
considered in default.
vii) 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'sdiscretion.
viii) 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.
c) INSPECTION REQUIREMENTS
i) Contractor shall inspect each parcel of land prior to its mowing to identify any special
issues (vectors, animals, locked fences and warrant requirement, etc.).
ii) 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.
iii) If a warrant is required on any portion of the property, no portion of the property
will be mowed until the warrant isobtained.
iv) 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 workorder.
v) If a parcel of land cannot be mowed for any reason, the Contractor shall submit thework
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 41 of 71
order to Code Compliance within five (5) working days with a statement providing
justification for not completing the work order.
vi) Code Compliance has the sole discretion to determine whether a work order should
have been closed withoutcompletion.
d) PHOTOGRAPHIC EVIDENCE
6.4.1.TheContractor shall:
(1) Take photographs of each parcel of land prior to commencement of work;and
1. Immediately after completion of the work from the same location asthe
before picture.
(2) Use a measuring device as described in section 4(j).
(3) Position the measuring device in the photo to accurately showthe
overall height ofthe grass/weeds on the entire property.
(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 shall remain in
place for the duration of the mow to provide consistent before and after
documentation.
ii) Photographs Shall:
(1) Be in color from a digital camera as described in section 7(a).
(2) Include the same landmarks in both the before and after pictures with the same
angle and scale.
(3) Provide a panoramic view of the property to be mowed.
(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 theproperty.
(5) Legibly show the identification sign on the measuring device with the
information as described in 4(j) See Definitions.
iii) 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.
e) MOWING OPERATION
i) The Contractor does not need to wait to mow if there are personnel on the premises.
Contractors should call Code Compliance officers to have Police Officers to remove any
persons.
ii) The City will provide work orders in measurements of square feet.
iii) The City shall have all large objects such as furniture removed before ordering mowing
service. If there are objects remaining, Contractors should call Code Compliance Officersto
rid the land of any large objects
iv) Contractor shall cut assigned properties upon which weeds, grass and uncultivated
growth exceed height of twelve (12) inches by using any appropriatemeans.
(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.
(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 ofway)
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 42 of 71
and one hundred (100) feet back from any improved adjoining property.
v) Contractor shall not discharge grass, weeds or debris onto streets, sidewalks, and/orright
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.
(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.
vi) Contractor shall mow or trim, at no additional charge to the City, all:
(1) Right of ways (ROW), easements, and parkways adjoined to the parcel of land.
(2) Around buildings, trees having a diameter greater than two (2) inches, fences,
and obstacles in the right of way (fire hydrants, signs, etc.).
(3) Ditches, dirt mounds, and around vehicles and otherobstacles.
vii) 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.
(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.
viii) The Contractor shall remove all trash and litter as defined in section 4(q), 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 separatecharge
ix) 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.
x) 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 Contractorto
ensure that weeds, grass and uncultivated growth that exceed a height of twelve (12)
inches and meet all terms and specifications of this Agreement.
xi) 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 tomowing.
f) Rejection of Contractor's Work
i) 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.
ii) Work will be rejected and payment denied for work performed that is not in
accordance with , but not limitedto:
(1) Missing or inadequate photographicevidence.
(2) Missing or incomplete workorders.
(3) Mowing of incorrectparcels.
(4) Mowing of only the right-of-way, easements, parkways, or alleyways without
written approval from a Code ComplianceOfficial.
(5) Incomplete or inadequate mowing of assigned workorders.
iii) Contractor's Appeal of Rejected WorkOrders
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 43 of 71
a. Contractor may appeal any rejected work to a Code Compliance Official.
(2) It is the Contractor's responsibility to submit any documentation necessary in support
of the appeal.
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.
g) Point of Contact
i) Contractor shall designate at least one (1) person as Point of Contact with office phone orcell
phone number for accessibility.
ii) Contractor's Point of Contact shall respond to calls or voicemails within one (1) hourduring
normal business hours.
iii) The person designated for this purpose shall be identified in the bid submittals.
iv) Notification of any changes in contact numbers or personnel shall be in writing and emailed to
the Code Compliance ContractAdministrator.
h) Other Provisions
i) 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, maintainingsignals
and open passageways, and protecting the same where exposed.
ii) 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 Administrator via
by phone or email within (2) hours afteroccurrence.
iii) 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.
iv) Contractor shall train sub-contractors or employees to use the safest methods and equipment
available in transporting, mowing, cutting and cleaning operations.
v) All of the Contractor's equipment will be maintained in safe operating condition.
vi) Contractor shall take precautions at all times for protection of person and property. Safety
provision of all applicable laws and ordinances shall be strictlyobserved.
i) Non-Performing Contractor(s)
i) 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:
(1) First Occurrence: When a Contractor fails to perform according to the Agreement and/or
specification, the Code Compliance Department 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.
(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"
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 44 of 71
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).
(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
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 45 of 71
IMAGE A
PROPERTY IDENTIFICATION SIGN
Oia x 6' Ht
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 46 of 71
Property Ideniifi�ation Sign
ATTACHMENT H
Vendor Qualification Questionnaire
1. Date your company was established?
2. What services are provided by your company pertaining to this bid?
3. How many years has your organization been in business under its presentname?
4. List any former names your organization has operated under and the
Time frame.
5. Are you planning on subcontracting the work or utilizing subcontractors to supplement yourexisting
required crews?
6. Please provide a list of most commonly used equipment/materials for private property mowing:
a.
b.
c.
d.
e.
f.
g•
h.
7. Have you ever defaulted on a contract? If so, why were you unable to fulfill the obligation?
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 47 of 71
EXHIBIT D
CONTRACTOR'S RESPONSE TO CITY OF FORT WORTH iTB NO.
21-0024
Non-Exclusive Services Agreement
Page 21 of 25
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 68 of 71
FORT WOR'TH.,
C�TY QF FQRT WORTH BID OFFER
EventlD Page
CFw07-21-0024 1
E�ent Round � Version
1 1 �
Event Name � �
TTB Private Property Mowitlq
Start Time F'inish Tfine
7.2/09/2020 D8:00:00 CST 03/07/2021 13:30:00 CST
Invited: Event Detaiis
Submik To: Ci#y of Fort Worth
PURCi-IASING DEVISION
LOWER �EVEL CITY HALL
20Q TEXAS Si".
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gav
Event Description
The City of Fort Worth (City) invites participation fram quaiified bidders to pro�ide an ongoing service for
pri�ate property mowing fnr the Code Department per ih� attached specifica#ions.
Terms & Condi#ions
A pre-bid conference will be held at 9:b0 AM, Tuesday, December 15, 2020 via WebEx.
Meeting Link: https:llfortwarihtexas.webex.comlfortworthtexaslj.php?MTlp=mfe300ccebc94b282e44fibc8235f788aa Join by
Meeting number (access code): 126 503 5339
Meeting password: CjW6dMxp2q8
Join by phone: +1�469-210-7�59 United Sta#es Toll (Dallas}
Join from a �ideo system or ap�lication Dial 12�5a35339@fortworthiexas.webex.corn
FAILURE TO A77EN�] THE PRE-BID CONFERENCE WI�.L IMPACTA POTENTIAL VENDOR'S ABILITY Tp SUBMITA FULLY INFORMED
ANd COMPETITIVE BI� RESPONSE. ATTENDANCE 1S NOT MA�lDAT'ORY BUT !S STRONGLY ENCOURAGED_
Questians regarding the bicE will be due by end of day T�ursday, December 17, 2020.
In�itation for Bid (ITB} Cover Sheet
Bids are solicited for furnishing services as set forth in this solicitation. Completed Bids including one
executed originaE, ane copy and one USB flash drive containing electranic versians of all bid documents mus#
be recei�ed in the Purchasing Division and time stamped no later than 1:30 P.M., January 7th 2a21, and #hen
and read publicly via live stream on FortWorthTV around 2:00 P.M. Bids mus# be submitted in a sealed enve�ope
WITH THE B!D �UMBER AlVD TNE NAME OF THE CQMPANY WRITTEN QN THE OUTSEqE O� 7H� ENVELOPE, addressed to the
Purchasing Manager. Sids sha11 be mailed or hand delivered to the following address:
City of Fort Worth, Purchasing Division,
Attn: Megan Fowler
Lower Le�el, City Hail, 200 Texas Street, Fort Worth, Texas 76102
Bids delRvered by special courier {i.e. Federal Express, Special Delivery etc.) a�e to be marked an the
outside of the courier s shipping envelope BI� Na. 2�-QQ24 PRIVAT� PROPERTY MOWII�G WITH THE NAME OF THE COMPANY AND
MUST BE RECEIVED BY THE PURCHASiNG OFFICE Al�p TlME STAMPED PRIOh `TO TH� 1:30 DEAf3�INE 1N ORE3ER TO BE
CONSfDERED.
Late bids wi11 be returned or destroyed; they will not be opened nvr considered in the evaluation of the bid. Bids may be withdrawn at any time
priar to the afficia! opening. Bids may not be altered, arr�ended or withdrawn ai#er the official opening. The undersigned agrees, if tine bid is
accepted, to furnish any and all items upon which prices are ofFered, at the price(s) and upon the terms, conditions and scopelspecifications
contained in this docurr�ent. The period for acceptance of this bid will be 90 calendar cEays after the bid opening date.
Document List:
1) Co�er Sheet
2} Signing Sheet
3} PriceBid Sheet(s)
4) Part I- Instruction ta Bidders
5} Part II - Scope of 5ervices andlor Specificaiions
6} Part I!I - Standard Purchasing %rms and ConditionslDraft Cor�iract
7) Part IV -Attachments
7'. �)Attachment A- Conflict af Int�rest Disclasure
7.2)Attachment B- Bidder s Contact Information
7.3)Attachment C- Gonsideration of Location af Bidder s Principal Place of Business
7.4)Attachment D - Reference Shee�
7.5)Attachment E- Fiow to F2egister with the City of Fort Worth
7.6)Attachment F- Automated Invaice Proc�ssing
7.7)Attachment G- No Bid Sheet
7.8)Attachmer�t H- Detailed Scope of ServiceslSp�cifications
7.9)Attachmer�t I- Vendor C�ualification Questionnaire
7.10)Attachment J- Draft Ser�ice Contract
* Documents are hereby incorporated in#o this Solicitation by reference, with the samE forc� and effect as if tMey were incorporated in full text. The fuli tex!
�ersians of #he "' Sections are availabEe on the Internet at #he follawing qnGne address: http:llfortworthtexas.govlpurchasing
1TB 21-DQ2A PRIVAl'E I'�OPERTY MDWING ��! / (
Page 1 af 7'E s f�''j71, ,� [� 7
Fox�r WoR�rH..
CITY OF FORT W�RTH BID 4FFER
EventlD Page
cFwoi-zl-oa24 2
Eyent Roand Version
1 1
Event Name
TTB Pxivate Pro ert Mowin
5tart Time Finish Time
12/09/2020 08:00:00 CST ,__,,,01/07/2621 13:30:00 CST
Invited: Event Details
Submit To: City o# Fort Warth
PURCNASING DIVISI�N
LOWER LEVEL CITY HALL
ZflQ Y��S S�.
�o� wortn rx 7s� 02
United States
Emaik FMSPurchasingResponses@fortworthtexas.gov
ITB Signing Sheet
The undersigned, by hislher signature, represents that he/she is submitting a 6inding bid and is authorized to
hind the respondent to fully compfy with the salicitation document contained herein. The Authorized Person, by
signing and submitting, acknowledges that helshe has received and read the �n#ire doaurnent packet sections
defined abov� including all documents incorparated by reference, and agrees to be bound by the terms therein.
Documents are hereby incorporated into ihis Solicitation by reference, wiih #he sarrte force and �ffe�ct as if
t�ey were incorporated in fu11 text. 7he period for accepiance of this bid wifl i�e one hundred and twenty (120) calender days after "
Finish timelEnd Date Time".
Legal Name and d/bla: NeW Era Contract Services LLC.
Address: 2335 Decatur ave.
c;ty,State,ziP: Fort Wo�th,Tx. 76106
BidderlS�pplied I� with City of Fart Wort 1 Federai ID Number (i[N): $ 4— 4 8 8 2 5 O 1
Name offheAu#horized RePresentative: . Mike �auderback
Tit�e: �ontract Administrator / Field Opps. manager
Signature of the Authorized Representative and Date: _
EmailAddress: deerejohnl@yahoo.com
Phone lvu�nber: 817 9 9 4 2 4 7 4
Will agreernent be a�ailable for Coqparative Agreement use"? Yes X No
("` See Section 11, Cooperative Purchasing of Part II, Scope ofi 5erviees andlor 5pecifications )
ITB 21-0024 PRIVATE F'ROP�RiY MOWING
Page 2 of 71 ���?r
FORT WORTH,
GITY OF FORT 1NaRTH BID OFFER
New �ra Gontract Services LLC.
Invited: E�ent Details
Submit To: City of Fort Worth
PURCF�ASING DIVISIO�i
LOWER LEV�L CiTY HALL
2Q0 TEXAS ST.
Fart Worth TX 7$102
l�nited 5tates
Emai�: FMSPurchasingResponses@fortworthtexas.gov
L�r�e_De#ails
- - . . � , .,,,.,., __ �._�.�.��_�.�,�,,,._.��„ ,.,,,,,
�ane: �
Descri Eton: Q Unit UnitPrEce Totai
Work Orders less than 8,5�0 sq. #t., 750.00 EA
speciflcatipns attached.
�6�.ao �4g,oao.
LEne: 2
Aescrl tion: Unit LlnitPrice Total
Wnrk Orders greater than 8,50Q sq. ft. and '1250.D4 EA �—
less than qne acre, specifications attached �—
���o, aa�
Llne: 3
C]escri tion: UrtEt UnitPrice Tota�
Vklpric prders greater than or equaf to one 300.OD �A
acre, rate per acre, specificaiipns attached
6�.00 $19 200.
7o#al BPd Amo�nt:
!TB 21-Op2�4 PF2iVATE PF2(7pERTY fNOWfH£�
Page 3 of 73 �� �
CONFLICT OF INTEREST QUESTiQNNAIRE ��RM CIQ
For �er�dar dving business with focal governmental entity
ihis quesl3annairc reflects ehenges made to the !aw hy M.6. 23, 84th E�g., AeguEar SessEon. OFFICEE3SEONLY
This questionnaire is heiag filed in accardance wiih Chapler 178, Local Government Code, �y a vendar who pace Reccivad
Yws a business refa4ionship as deiined by &eclion 176.001{1-a� with a local governmental entity and Ihe
vendor meets requirements uader Seclion 976.006{a).
8y lair Fhis question�3afrs must he filed with Ihe records adminis[raror of the local g4vemmental enFity not later
than the 7th business day a#ter lhe date the vendor heComes awara of iac[s thai requise tha statemenl lo be
ffied. See SectEon 176.p06(a-i), Loca! Gavemmenl Code.
A vendor commits an aSfense ii [he vendor knovriogly violafes Sectian 17fi.Q06, Local GoverrtmenF Code. An
of#ense under Ihis sec6nn is a misdemeanor.
3 Name ot vendar who haS a business relatioRship with local governmentat enti[y.
New Era Contract Services LLC.
z
� Check this box 9i yau are iiling an updaYe to a prev3ously fiied questionnaire. (The law requires ihai yau file an updated
completed questiannaire with the appropriale liling auihority not iater than ti�e 7th business day after the date an vrhich
you i�ecame aware that t€�e originaEly filecS questionnaire was inoomplete pr inaccurate.j
a Name of local go�2rnment otticer about who[n the information is heing disClpsed_
- _ �OTle
IVame oi Ofiicer
�❑escrlbe each empEoym�ni ar other business relationsh€p tivith ihe local government offiaer, or a famlly rriember of the
offitar, as described 6y Section i76.003{a)(2�(A). Afs4 descri�e any family reiationship with the EnCal govetnment officer.
Complete suhparts A and B for each employment or husinass relatfonship describecE. A�tach additipnal pages to thRs Form
CI� as necessery.
�01��
A. Is the loaal governmer�l oHicer or a famiiy rtemaer vf ihe vHicer receiving or likely to receiwe taxable income,
ofher thzn investmeni income, irom the vendor?
� Yes � No
B. Is ihe vendor receiving or Silcely to receive taxalale income, other than investsnenY in�ome, irorrt or at the d9section
of the iacal government oRicer or a farr�ily member ot the pificer AND Fhe t2ncable income is not received trom the
local governmenta! entity?
�Yes �Na
5 aescribe each employment ar business relat9onship ihat the vendor named in Section 1 maintains wlth a aorporation or
nther busEness entity wilh respect to which tha locai government oflicer serves as an ottieer or directnr, or hpEds an
owner5hip interest of one percent or more.
�OIIH
6
�ChecR Ihis box if the �endor has given the local govemment oflicer or a family member of ihe o}ficer one or more giFls
as dascribed in Section 175.003(aj(2)(8}, exduding gifis described in Sectian 176.Q43{a-1). N�A
T
� .1l '� i -6-�C?21
igna ure of vend�r doing si ss with fhe govemmental en[iry pa;�
Form provided by Texas Elhics Gammissi tv�vw,ethics.siata.tx_us Revised 11i3Q12015
iTB 21-0024 PRIVATE PROPERTY MOWiiVG
Paga 28 of 71 ��
ATTACHMENT — B
BIDDER'S CONTACT 1NFORMATION
Venc�or's f�ame:. [�ew Era Contract Services LLC.
Vendor'sLocalAddress: 2335 Decatur ave. Fort Wor�h, Tx. 76106
Phone: 817 994 2474 Fax:
�mail: deereiohn�@yahoo.com
Name of persons to contact when placing an order or billing questians:
Name/Title H. Mike Lauderback
Phone: $Z7 994 2474 Fax: _�_
Email: _���z�� ohnl.C�vahoo. com ^
lVam�ITi#Ee
Phane: Fax:
Email:
Name�
Phone:
Email:
Fax:
c
�'' �' H. Mi.ke Lai�derhack
Signature Printed Name
- -2021
Date
ITB 21-4024 PRIVATE PROPERTY MOWING
Page 30 of'71 ��(f-��1� /
� �' G"� 7
ATTACHM�NT - C
CONSIpERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BU5INESS
Section 2-'[4 of the Fart Warth Cocle of 4rdinances authorizes the City Councif, when considering
competitive sealed bids, to er�ter into a contract for certain purchases with a bidder whose principal
place of business is in the corporate fimits of the City of Fort Worth and whose bid is within 3 or 5
percent of the lowest bid, d�pending on the value of the request and goods or services requested,
if the lowest bid is from a business outside the municipality and contracting witf� ihe focal bidder
would pra�ide the best comhination af price and other ecanomic benefits to the municipality.
Requests to be considere� a local business must be submitted on this form with bid packages ta be
considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the
bid or request package.
The For# Worth City Cauncil requires the following information for consideration of iocation of a bidder's
prineipal place of business. Add additional sheets if needed to provide this information.
1. Lacational �ligibility; l�rincipal Place af B�asiness in Fort Worih, Texas.
a. Do you l�ave a Fort Worth affice? If yes, identity address:
2335 Decatur ave.
Fort Worth, Tx. 76106
b, What perceniage ot estimated gross company sales (worldwide) are sales ariginating in Fort
Worth? "Originating in Fort Worth" shall mean �ayabie at the Fort Worth office. [must exceed
�o��o� � a o i
2. Ecanomic Development opportunities resulting frorn cantract.
a. Number of Fort Warth tesident-empfoyees? 9
b. Amount af City of Fort Worth ad �alorem �axes (real and business persortai property} paid by
company (for prior tax year -- Fort V1lorth office or former locatior�, i# Fart Wor#h office is newly-
established)? 2 4.00
Certificakion of informa#ion:
The unciersigned does hereby affirm that t�e informativn supplied is true and correct as of tf�e date
hereof, under penal#y of perjury.
[Vew Era Gontrac� Services LLC. 1-6-2021
� (Company Name} � (Datej
gnature)
H. Mike Lauderback, Cont�act/Field adm.
(Printed Name and Title)
1TB 21-0024 PRIVATE PROPERTY MOWING
Page 31 of 71 ��$� �
ATTACHMENT H
Vendor Quali#icatior� Questionnaire
1. Date your car►�pany was established?
1994=New Era Contract Services // 2020 incorporated as a LLC.
2. What services are �rovided by your company pertaining tn �his bi�?
Mowing of Private property as per bid
3. How many years has your organization been in b�siness �ander its present name?
_L year as__LLG_ %a 35 ears as sole ro ietar„
Y P P � ,. , ., _,_.. ,_
4. List any former names yaur organizat�on has aperat�d under and tt�s
Tirr�e frame.
1994 �0 2019 = New Era Contract Services DBA as sale propietor
5. Are you planning on s�bcontracting the work ar utilizing subcantractors to supplement your existing
required crews? NO
6. Please provide a�ist of most commonly used equipment/materials for private praperty anowing:
a. Trans= ort V�hic,les,,,.cgc_..t„]:,.r.�1�-ers
b. Mow�.ng_Tr�ctors / rnowers
c. Dsgital ,cameras ,.,.,....,,.,..,..,_.....
d, Compu�ers & printers ,
e. Hand held weed wackers
f ineasurin� devices , ^^��
$•_ n1_a_s_tt�___hao��c/ fLt�1 �_nnYainPr�
h. safetv eau�pment
7. Have you ever defau�ted on a contract? If so, why were you unable to ful�ill the obiigation? �Q
ITB 21-0024 PRiVATE PROPERTY lNOWING �j�� C,�
t'age 47 of 71 .�-1'�2�. / �
6 0 �r�
ATTACNMEN`f - D
REF�R�NC� SHEET
Please complste and return this form with your bid.
The Vendar s�al! fumish references �or at least three (3) recent custorr�ers to whorn products andlor
services have been provided that are similar ta thase required by this solicitatian. The City will be the sole
judge of references. F'lease use additional sheets.
1. Company's Name
lVame of Contact
Title af Cantact
Present Address
City, 5tate, Zip Code
Telephone Number
�mail
2. Company's Name
Name of Contact
Tit1e of Contact
Presen# Address
City, 5tate, Zip Code
Telephone Number
�mai1
City of Ft. Worth Code Compliance
Shannon Elder
Asst. Director
818 Missouri ave
Ft. War�h Tx. 76106
( 817 ) 392-6326 Fax Number (-p- )
shannfln,elder@tortwor�htexas.�ov
City of F�. Worth Code Compliance
Kenneth C. Young _
Supervisor
81$ Missouri ave.
Ft. Wor�h, Tx. 75106
( 817 ) 999 8270 Fax iVumber (-0- )
Kenn��h.youn��fortworthtexas.gov
3. Company'sName Former/ City of Ft. Worth Code Compliance
Name of Contact Glenn Neal
Title of Contact tormer cantract administrator
��esentAddress retired 12-16-2020 @ 818 Missouri ave.
City, State, Zip Cade �'t . Wo� th, Tx . 7 6106
7elephone Numb�r NEW( 817 } g2g6224 Fax Number � fl- ) •..� _
Email NEW � Swwinds yahoo.cam
ITB 21-0024 PRIVATE pRqpERTI( NEOWiNG c-
Page 32 of 71 �?�/���
��.� Li'c
: et'Y'F��-#i`.: is.
Si?-_.o�-z��?�;*
N�w Era Gontract Services LLC.
�-6-2021
New Era Contract Servi.ces LLC.
2335 Deca�ur ave.
�'t. Worth, Tx, 76106
81� 994 2474
To Eval.ua�ion Co�nmittee
New Era Cantract Services LLC./ previous�y a sol� proprietorship.
I�ew Era has worked exclusively as a Code Compliance con�racta�
prov�.ding Mowing,Glosures & Nuisance abatmen� s�rvices to the Giiy
af �'t. Worth Cod� Gomplianc� depar��n�nt since 1988.
�7uring our 32 yrs. o.f service we have mowed under many diff�re�tt
speca.iications and satisfact4rly completed the requested mows.
Our resources are our Techs; Adam 2$yrs, De�rance 16yrs. & RiGky
12yzs. = 56 yrs. o� Code experi�nc� plus my 32yrs.
W� also keep an extensive i.nv�.ntary af mowing equipment built special
for the code i.ndustry.
We have attached a reference sheet to the ITB.
I�.hank the Gi�y and the Cade Campiance employees for allowing
N�w E�a ta provide our services for 32yrs. as Service is the anly
Commidity we prov�.d� at New Era.
Thanks,
� � " ��
G '
�
H. M�ke Lau r ck, GontraG'�/Fie�d opps. manager
,, •
EXHIBIT E
VERIFICATION OF SIGNATURE AUTHORITY
New Era Contract Services LLC
Mike Lauderback, Contractor Administrator
2335 Decatur Ave
Fort Worth, TX 76106
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.
Howard Lauderback
Name:
PositionGontract adim. & Field operations Manager
I�owcrrd `au�ferback
Howard Lauderback (Apr26, 20211427 CDT)
Signature
Name:
Position:
Signature
Name:
Position:
Signature
Name#-FoWq�Gl LqU�B�bGIGK
Howard Lauderback (Apr26, 20211427 CDT)
Signature of President / CEO
Other Title:
Date: Apr 26, 2021
Non-Exclusive Services Agreement
Page 22 of 25
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 68 of 71
EXHIBIT F
INSURANCE
The Contractor shall assume a11 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 Ciry 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 iive (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°/o.
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 A1 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 Services Agreement
Page 22 of 25
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 69 of 71
3. The Contractor shall furnish the Purchasing Manager a certi�cate 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.
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 sha11 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. 21-0024
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 ofpremium.
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 warker'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 sha11 not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
Non-Exclusive Services Agreement Page 23 of 25
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 70 of 71
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 Services Agreement
Page 24 of 25
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 71 of 71
CITY COUNCIL AGENDA
DATE: 4/6/2021 REFERENCE **M&C 21-
NO.: 0236
LOG NAME:
CODE: P TYPE: CONSENT PUBLIC
HEARING:
F��T �'4�aRT��
�-
13P21-0024 PRIVATE
PROPERTY MOWING MGF
NO
SUBJECT: (ALL) Authorize Non-Exclusive Service Agreements with Civilian Division, LLC dba GI
Mow, Leon's Landscape Services, LLC, New Era Contract Services, LLC, Presbyterian
Night Shelter of Tarrant County, Inc., Prestige Worldwide Services LLC, and Santos
Chazarreta for Private Property Mowing Services with a Combined Annual Amount Up to
$400,000.00 with a One-Year Initial Term and Authorize Four One-Year Renewal Options
for the Code Compliance Department for the Same Annual Amount
RECOMMENDATION:
It is recommended that the City Council authorize service agreements with Civilian Division, LLC dba
GI Mow, Leon's Landscape Services, LLC, New Era Contract Services, LLC, Presbyterian Night
Shelter of Tarrant County, Inc., Prestige Worldwide Services LLC, and Santos Chazarreta for private
property mowing services for a combined annual amount up to $400,000.00 for a one-year initial term
and authorize four one-year renewal options for the Code Compliance Department for the same
annual amount.
DISCUSSION:
The Code Compliance Department approached the Purchasing Division to purchase private property
mowing services as part of the nuisance abatement division. These services include mowing private
properties that are determined to be in hazardous conditions due to the nature of the lawn. To procure
these services, the Purchasing staff issued an Invitation to Bid (ITB).
The ITB was advertised in the Fort Worth Star-Telegram on Wednesdaysfrom December 9, 2020 to
January 6, 2021. Twenty-six vendors were solicited from the purchasing database system; ten
responses were received. Proposals were scored based on reputation of the bidder, the bidder's
services, the bidder's past relationship with the City, and total cost. If no previous relationship was
established with the City the vendor received half of the total points available for the criteria. The
proposals were reviewed by an evaluation committee consisting of staff from both the Code
Compliance and Property Management Departments. Both the Code Compliance and Property
Management Departments certify that with Civilian Division, LLC dba GI Mow, Leon's Landscape
Services, LLC, New Era Contract Services, LLC, Presbyterian Night Shelter of Tarrant County,
Inc., Prestige Worldwide Services LLC, and Santos Chazarreta meet the requirements stated in the
specifications. Services will be requested based on price and availability. No guarantee was made that
a specific amount of services would be purchased.
An administrative change order or increase may be made by the City Manager up to the amount
allowed by relevant law and the Fort Worth City Code and does not require specific City Council
approval as long as sufficient funds have been appropriated.
Non-Exclusive Services Agreement
Page 25 of 25
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 71 of 71
Each contract may be renewed for up to four one-year terms at the City's sole discretion. This action
does not require specific City Council approval provided that City Council has appropriated sufficient
funds to satisfy the City's obligations during the renewal term.
A waiver of the goal for M/WBE subcontracting requirements was approved by the Office of
Business Diversity, in accordance with the BDE ordinance, because the purchase of goods or
services is from sources where subcontracting or supplier opportunities are negligible.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as previously
appropriated, in the General Fund to support the approval of the above recommendation and
authorize agreements. Prior to any expenditure being incurred, the Code Compliance Department has
the responsibility to validate the availability of funds.
BQN\\
TO
Fund DepiDment Account
FROM
Fund Depart�ment Account
PriD �t Program Activity Year t (Chartf eld � Amount
Project
ID
Submitted for City Manaqer's Office by:
Oriqinatinq Department Head:
Additional Information Contact:
ATTACHMENTS
Non-Exclusive Services Agreement
ITB 21-0024 PRIVATE PROPERTY MOWING
Page 71 of 71
Program Activity Budget Reference #
Year (Chartfield 2)
Jay Chapa (5804)
Valerie Washington (6192)
Reginald Zeno (8517)
Cynthia Garcia (8525)
Megan Fowler (2057)
Amount
Page 26 of 25