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HomeMy WebLinkAboutContract 56180 City Secretary Contract No. Click or tap here to enter text. CSC No.56180 FORTWORTH. "I'll VENDOR SERVICES AGREEMENT This VENDOR 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 its duly authorized Assistant City Manager,and Integrated Landscape Services LLC. ("Vendor"), a Texas Limited Liability Company and acting by and through its duly authorized representative, each individually referred to as a"party"and collectively referred to as the "parties." 1. Scope of Services.Mowing and Grounds Maintenance ("Services"), which are set forth in more detail in Exhibit"A,"attached hereto and incorporated herein for all purposes. 2. Term. This Agreement begins on upon the signing of the vendor service agreement by an Assistant City Manager if the City ("Effective Date") and expires on September 30, 2022 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option,in its sole discretion,to renew this Agreement under the same terms and conditions,for up to 5 one- year renewal option(s)(each a"Renewal Term"). 3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed FIFTEEN THOUSAND Dollars ($15,000.00). Vendor will 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 will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder,City will notify Vendor of such occurrence and this Agreement will 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 will pay Vendor for services actually rendered up to the effective date of termination and Vendor will 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, Vendor will provide City with copies of all OFFICIAL RECORD Vendor Services Agreement CITY SECRETARY FT. WORTH, TX completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information.Vendor,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. 5.3 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 Vendor.It will be the responsibility of Vendor 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. 5.4 Unauthorized Access.Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised,in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Rieht to Audit. Vendor agrees that City will,until the expiration of three (3)years after final payment under this Agreement,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 Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendor will 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, Vendor will 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, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be Vendor Services Agreement Page 2 of 12 construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City.Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself,and any of its officers,agents, servants,employees,contractors,or contractors. 8. Liability and Indemnification. 8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,SERVANTSAND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR EITHER PROPERTYDAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCL UDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS, AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however,Vendor will fully participate and cooperate with City in defense of such claim or action.City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely Vendor Services Agreement Page 3 of 12 restricted,Vendor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible,and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d)if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. Assignment and Subcontracting. 9.1 Assignment. Vendor will 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 will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000- Each Occurrence $2,000,000- Aggregate (b) Automobile Liability: $1,000,000- Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle"will be any vehicle owned,hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Vendor Services Agreement Page 4 of 12 Employers' liability $100,000- Bodily Injury by accident;each accident/occurrence $100,000- Bodily Injury by disease; each employee $500,000- Bodily Injury by disease;policy limit (d) Professional Liability(Errors&Omissions): ❑ Applicable ❑N/A $1,000,000- Each Claim Limit $1,000,000- Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims-made,and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees,officers,officials,agents,and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery)in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City.Ten (10) days' notice will be acceptable in the event of non-payment of premium.Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas.All insurers must have a minimum rating of A-VII in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws,Ordinances,Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it will 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 Vendor Services Agreement Page 5 of 12 comply with all applicable federal, state and local laws, ordinances,rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors,subcontractors,and successors in interest,as part of the consideration herein,agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or(3)received by the other party by United States Mail,registered,return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Integrated Landscape Services LLC.] Attn: Assistant City Manager Selece Gathings, Owner 200 Texas Street 701 Plaza Drive Fort Worth,TX 76102-6314 Fort Worth,TX 76140 Facsimile: (817) 392-8654 Facsimile: n/a With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Employees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination,solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing,this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 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. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law/Venue. This Agreement will 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 Vendor Services Agreement Page 6 of 12 Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems;restraints or prohibitions by any court,board,department,commission,or agency of the United States or of any States;civil disturbances;other national or regional emergencies;or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected(collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance,as soon as reasonably possible after the occurrence of the Force Majeure Event,with the reasonableness of such notice to be determined by the City in its sole discretion.The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A,B,and C. 22. Amendments/Modifications/Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes,be deemed an original,but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor 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 Vendor's option, Vendor will 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 Vendor for the nonconforming services. 25. Immigration Nationality Act. Vendor must 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,Vendor will provide City with copies of all I-9 Vendor Services Agreement Page 7 of 12 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. 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 Work 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,Vendor hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product,and all copies thereof,and in and to the copyright,patent,trademark,trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim,lien for balance due,or rights of retention thereto on the part of City. 27. Signature Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity. This Agreement and any amendment hereto,may be executed by any authorized representative of Vendor.Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Company Name or Ownership. Vendor 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 Vendor 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. 29. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel" and "company"has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the Agreement. 30. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original Vendor Services Agreement Page 8 of 12 signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions (e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via software such as Adobe Sign. 31. Entirety of Agreement. This Agreement contains the entire understanding and agreement between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. (signature page follows) Vendor Services Agreement Page 9 of 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of By: ValsrieWashington(Aug 16,202112:30 CDT) this contract,including ensuring all performance and ii??Name: Valerie Washington reporting requirements. Title; Assistant City Manager Date; Aug 16,2021 20 By: Name: Alan Girton APPROVAL RECOMMENDED: Title: Sr. IT Solutions Manager APPROVED AS TO FORM AND LEGALITY: By. Name: Kevin Gunn oovn�n� Title: IT Solutions Director ��°FORr �d By: P1. ° °0�pdd Name: Taylot Paris ATTEST: p ° 0 �v0 0 Title: Assistant City Attorney P� o o 4 °Opp°°°°° CONTRACT AUTHORIZATION: azi nEXp5a4 M&C: NIA By: Form 1295: NIA Name: Ron Gonzales,Acting City Secretary Title: City Secretary VENDOR: Integrate Land e Serv' s LLC. By: Name: S ce Gathings Title: er Date: [INSERT MONTH, A ,AND YEAR] OFFICIAL RECORD CITY SECRETARY Vendor Services Agreement FT. WORTH, TX Exhibit A 1.0 SCOPE-GROUNDS MAINTENANCE The Vendor is responsible for providing grounds maintenance and/or litter pickup at specified City locations within each project areas as required by the established maintenance schedule. Vendor is responsible for mowing all areas;edging all curbs and sidewalks,trimming all turf along pavement,including expansion cracks extending two (2)feet onto the pavement,curbs and around or on signs,post,guard rail, sidewalks,other obstacles and for removing all trash and litter from each site. 1.1 Areas to be serviced _fit: w JL r 7,14 f North Beach(inside Water Facility) 4705 Ray White Road,Fort Worth,TX 76248 • 21 Day Cycle,approximately 4500 square feet. • Pull weeds around and under Radio Communication Tower,Generator, and Structure 0 Treat Weeds on Graveled areas. i 4 •r PS Eagle Mountain(inside Water Facility) 6869 Bowman Roberts Road,Fort Worth,TX 76179 • 21 day cycle (May - September 14), approximately 7700 square feet • Pull weeds around and under Radio Communication Tower,Generator, and Structure • Cut grass around and under Radio Communication Tower, Generator, and Structure • Edging around any curbed areas • Treat Weeds on Graveled areas • Blow and remove grass and leaf debris around front entrance 4 7W it S � . z k Bridge St. (inside Water Facility) 6401 Bridge Street, Fort Worth, TX 76112 • 21 day cut schedule, approximately. 2700 square feet • Pull weeds around and under Radio Communication Tower,Generator,and Structure • Cut grass around and under Radio Communication Tower, Generator, and Structure • Edging around any curbed areas • Treat Weeds on Graveled areas 0 Blow and remove grass and leaf debris around front entrance e; k 4 Telecom and DFS Buildings(inside Water Facility) 1515 1 lth Avenue,Fort Worth,TX 76102 • 21 day cut schedule, approximately 5800 square feet • Cut grass/weeds around the IT Telcom, DFS, and Holly Storage building • Edging around any curbed areas • Blow and remove grass and leaf debris around the 1515 building +I # r *00 e Y Rolling Hills(inside Water Facility) 2500 SE Loop 820,Fort Worth,TX 76140 • 21 day cut schedule, approximately 9500 square feet • Cut grass/weeds around and under Radio Communication Tower, ATT Fenced area, and Structure • Treat Weeds on Graveled areas 2.0 VENDOR REQUIREMENTS 2.1 Vendor shall have available all equipment and material upon arrival at job site or prove that Vendor has access to all equipment necessary to perform all work outlined in this agreement.Failure to do so is cause for breach of contract. 2.3 Vendor should be able to demonstrate adequate back-up equipment or plan to allow for breakdowns. 2.5 All equipment shall be in operating condition at all times and be operated by responsible employee. 3.0 MAINTENANCE SCHEDULE AND LIQUIDATED DAMAGES 3.1 The Contract Administrator has the authority to cancel scheduled maintenance cycles on a week to week basis. The cancellation will be based upon need, prevailing weather conditions and available funds. 3.1.1 The Vendor will be notified of any cancellations. The City reserves the right to perform grounds maintenance operations during cancelled cycles. 4.0 ADDITIONAL VENDOR REQUIREMENTS 4.1 GROUNDS MAINTENANCE PROJECT AREA shall refer to specific geographic area(s)of the City designated to receive specified grounds maintenance services. 4.2 MAINTENANCE SCHEDULE shall mean the time periods established by the City for the mowing season within which all prescribed maintenance activities for each area shall be completed. 4.3 CONCURRENT shall refer to all mowing, trimming, and trash removal on any given item being completed on the same day. Should a given area be too large to complete in a single day, any areas that have been mowed must be trimmed, and trash removed on the same day the mowing occurs. 4.4 CONTRACT ADMINISTRATOR shall mean the duly authorized representative of the City Department who shall monitor the Vendor's performance within the regions he/she is assigned. 4.5 INCLEMENT WEATHER shall mean rainy/wet weather or when the condition of the soil is such that the rutting of property will occur and cutting of grass cannot be accomplished satisfactorily. 4.6 OZONE ACTION DAYS shall refer to the period from May 1st through October 31 st(Ozone Season) of each year, when ozone levels are critical. These days are determined by the Texas Natural Resource Conservation Commission and are announced via television,radio,and Texas Department of Transportation highway information boards. Contractors are not to use any motorized equipment between the hours of 6 a.m. and 10 a.m. on these days, unless the equipment uses propane, diesel or compressed natural gas as a fuel source or meets California Air Resources Board(CARB)revision 92, standards. 4.7 MOWING SEASON typically refers to the time period beginning in March and ending when terminated by the Contract Administrator. Usually, the season will end the latter part of November or after the first hard freeze. 4.8 TRASH AND LITTER shall mean any debris within the grounds maintenance project area including, but not limited to furniture, appliances, tires, construction material, paper, plastic, cans,bottles(including broken glass),cardboard,rags,limbs and branches smaller than four(4) inches in diameter, rocks, and other similar solid materials and foreign debris which is not intended to be present as part of the landscape. Any illegal dumping should be reported to the Contract Administrator.An illegal dump site will be defined as a pile of debris larger than three (3) cubic yards or the size of are refrigerator. Defined as a pile of debris larger than three (3) cubic yards or the size of a refrigerator. 4.9 TRIMMING shall refer to the cutting or removal of all plant life adjacent to any structure such as a fence line,pole, guy wire, sign, guard rail sidewalk and curb where weeds or grasses tend to grow. 4.10 MOWING HEIGHT shall refer to the setting of mowing equipment to cut grass to a height of two(2)inches for project areas designated for seven(7)or 14day mowing cycles, and to a height of three (3) inches for project areas designated for 21 or more day mowing cycles. The Contract Administrator may make changes in the height requirements. Mowing below the heights stated above may result in liquidated damages when turf is damaged, e.g., scalping occurs. Repeated damage to turf may result in agreement termination. 4.11 CHEMICAL TRIMMING shall refer to the use of an herbicide(such as Roundup and/or an approved equal containing a pre-emergent such as Surf LAN or an approved equal) as an alternative to the physical removal or cutting of plant material from areas to be trimmed. HERBICIDE APPLICATION MUST BE IN COMPLIANCE WITH THE STATE OF TEXAS STRUCTURAL PEST CONTROL BOARD LAWS AND REGULATIONS OR THE TEXAS DEPARTMENT OF AGRICULTURE LAWS AND REGULATIONS.THE VENDOR MUST HAVE A COPY OF THEIR PESTICIDE LICENSE ON FILE WITH THE CONTRACT ADMINISTRATOR PRIOR TO THE USE OF ANY HERBICIDE. NOTE: CHEMICAL TRIMMING WILL NOT BE ACCEPTABLE FOR THE EDGING OF CURBS OR CONCRETE SIDEWALKS OR TRAILS. CHEMICAL EDGING OF ASPHALT SIDEWALKS IS ALLOWED; HOWEVER, EDGED/TREATED AREA SHALL NEVER EXTEND FARTHER THAN 4" PAST THE EDGE OF THE ASPHALT SIDEWALK, AND ALL DEAD GRASS/WEEDS MUST BE REMOVED. 4.12 EDGING of sidewalks, driveways and curbs, where applicable, shall be accomplished so that grass and weeds do not extend over the edge of the walks,trails,drives or curbs more than'/4 inch nor will they be cut back from the edge of walks,trails,drives or curbs more than '/4 inch.All concrete sidewalks,trails,curbs,walking paths and steps must be mechanically edged exposing concrete surface. The Vendor may use a disc edger on a mower or similar device to edge medians so long as the produced edge meets the standard set forth,above.All material dislodged by edging shall be removed from the site or blown back onto grass areas so as to leave a clean appearance. Concrete sidewalks shall be edged on both sides. VENDOR SHALL REMOVE ALL TRASH AND LITTER FROM THE ENTIRE AREA PRIOR TO INITIATING ANY MOWING OF THE TURF AREA. Failure to remove litter/trash prior to mowing will result in the Vendor being required to return to site and remove all new litter/trash as well as all mowed litter/trash.Any papers,cans,or bottles cut or broken during maintenance operations shall be completely removed from the site immediately prior to proceeding with the maintenance of other areas. All trash and litter shall be disposed of by the Vendor at an off-site location procured by the Vendor at his/her sole expense. 4.13 Vendor will use reasonable care to avoid damaging any City or private property, especially fences, mailboxes, etc. in rights-of-way'. If the Vendor's failure to use reasonable care causes damage to any property, the Vendor shall replace or repair the damage at no expense to the City. If the Vendor fails or refuses to make such repair or replacement, the Vendor shall be liable for the cost,which may be deducted by the Contract Administrator.Cut grass and debris that falls or is thrown by equipment upon the pavement, streets, curb and gutters,sidewalks,driveways,or adjacent properties through the action of the work crew,shall be removed prior to leaving the project area. 4.14 The process of blowing grass clippings and other debris into the adjoining street or roadway will not be permitted. Mowing should be accomplished by discharging grass away from the street,parking lot or other roadways,i.e.towards the center portion of the median or park. Should grass clippings be deposited onto the sidewalk,gutter or roadway,they must be swept and removed or blown back onto the grass in the median,traffic divider or park.Gutters, sidewalks and roadways must provide a clean surface or the appearance of being swept. This is in accordance with City Code: 12.5-302, paragraph A: "Anything that is not storm water that goes into storm drain is an illicit discharge."Blowing of grass clippings into creeks,lakes or ponds is also prohibited. 4.15 REMOVAL OF GRASS CLIPPINGS -Removal of cut grass from turf areas will not be required, unless otherwise specified by the Contract Administrator. Cut grass and debris that falls or it thrown by equipment upon the pavement, streets, curb, gutter, sidewalks, or adjacent properties through the action of the crew shall be removed prior to leaving the project area.The Contract shall not leave clumped grass cuttings. 4.16 HAZARDOUS CONDITIONS - The Vendor is required to notify the Contract Administrator immediately of any hazardous conditions and/or damage to city property. 4.17 SUPERVISION OF WORK CREW - Vendor shall provide supervision of all work crews while performing work under this Agreement. On-site supervision is not required as long as communication equipment is provided which enables the work crew to communicate with a project supervisor at all times. Each work crew shall have a designated person on the work site that has the authority to respond to inquiries about work details or priorities. 4.18 Vendor shall email each day's completions that are ready for inspection to the Contract Administrator.This will be accomplished the first regular work day after the maintenance 4.19 MOWING AND GROUNDS MAINTENANCE FOR RADIO SITES is completed. Failure to contact the assigned Contract Administrator on the next regular work day after work is completed on an area can result in liquidated damages and may lead to the termination of the Agreement. 4.20 TIME TO COMPLETE WORK-Vendor shall submit a written maintenance schedule based on 21-day cycles for each project area prior to the end of the first mowing cycle.Upon written approval by the Contract Administrator, the Vendor will maintain this schedule throughout the mowing season. The second mowing cycle work order will not be issued until the written schedule is received.If Vendor expects to vary from the schedule,the Vendor shall notify the Contract Administrator immediately of the variation and specify an alternate completion schedule. Note: Vendor will be paid only for work actually accomplished during the established mowing cycle, unless due to weather or other valid reason the Contract Administrator has granted an extension to the scheduled mowing cycle. 4.21 PROTECTION OF FENCES, TREES, PLANTS AND SOIL ON PRIVATE PROPERTY-All property along and adjacent to the Vendor's operations including fences, lawns,yards, shrubs,trees,etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work.No direct payment will be made for this item, and it shall be considered incidental to this Agreement. 4.22 All structures,trees,poles,tables,signs,fences,and shrub beds are to be trimmed closely, where applicable. Special care shall be given to trimming around trees so as not to inflict damage to the bark of the trees. Trim guards should be used on line trimmers when working around trees and ornamental shrubs. All trimming shall be accomplished maintaining the required 2" or 3" cutting height depending on project area and cycle frequency. ALL TRIMMING MUST BE ACCOMPLISHED CONCURRENTLY WITH MOWING OPERATIONS.Trimming can be reduced by chemical edging,with prior written approval of the Contract Administrator. 4.23 TREES AND SHRUBS NO PRUNING OF ANY TREE SHALL BE PERMITTED, UNLESS SPECIFIED OTHERWISE IN THESE SPECIFICATIONS Trash and litter shall be removed from ornamental flower and planting beds during each mowing cycle.Mulch rings shall be reshaped prior to leaving project site when dislodged by mowing equipment. Severe damage to trees will result in replacement or compensation of trees by the Vendor. Failure to replace damaged trees shall be considered a breach of contract and Vendor shall be assessed for damages. Slight or moderate damages to trees will result in assessment of damages. ASSESSMENT OF DAMAGES TO TREES DURING GROUNDS MAINTENANCE OPERATIONS. The Vendor will check trees in the contract area before contract work begins, any damage will be noted and reported to the Contract Administrator. The Contract Administrator will conduct random checks of the trees during the contract period. 4.23.1 A check of all trees may be made at the end of the contract period. City of Fort Worth Forester, Contract Administrator, and Vendor will attend the inspection. 4.23.2 Damages shall be documented by memo to the City Forester with copy to contract file and the Vendor. 4.23.3 Vendor may have the option of replacement or payment for severely damaged tress at a location to be designated by PACS. Replacement shall be made on caliber inch per caliper inch basis with a minimum size of replacement tree of 2" in caliper. The Vendor shall be responsible for the planting, watering, mulching and maintenance of replacement trees for a period of not less than 2 years.Any tree that does not survive the 2-year established period shall be compensated for by the Vendor to PACS at a rate of$200.00 per caliper inch. 4.23.4 Damages shall be assessed at a rate of: $100.00 for each instance of slight damage to tree(s),this is damage that may heal;examples include but are not limited to scaling of the trunk into the cambial layer'/2"to 2"in width but less than 1/3 trunk circumference or breaking of limbs less than 2"in diameter or limbs less than 1/3 trunk caliper whichever is less; $300.00 for each instance of moderate damage to tree(s) which in the opinion of the City Forester contribute to the poor health and reduced longevity of the tree examples would include but are not limited to scaling of the trunk into the cambial layer greater than 2"but less than 1/3 the trunk circumference or breaking of limbs more than 2"in diameter but less than 1/3 caliper. Severe damage or removal of trees is subject to penalty of$200.00 per diameter inch of trees removed or damaged for trees less than 30", $400.00 per diameter inch of trees greater than 30". Severe damage or removal shall include but is not limited to scaring of the trunk to the cambial layer greater than 1/3 the trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch greater than 1/3 of trunk caliper. Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back to according to American National Standards Institute (ANSI) standards. Trees greater than 6" in caliper shall be measured using diameter at breast height (DBH). In addition to any penalties or damages assessed by City, trees severely damaged or removed shall also be subject to fines and penalties of the Tree Conservation Ordinance of the Fort Worth Zoning Code. Trees that must be remove due to damage caused by the Vendor shall be removed by the Forestry Section Tree Removal Vendor at the Mowing Vendor's expense. 4.23.5 Failure to replace or pay for damaged trees shall result in a breach of contract and the Vendor will be automatically assessed damages. Damages as described herein shall be deducted from payments otherwise due to the Vendor Exhibit B Description Price per cycle North Beach Mowing-21 DAY Cycle-Appx.4500 sq. ft. $50.00 Pull weeds around and under Radio Communication Tower, Generator, and Structure,Treat Weeds on Graveled areas Eagle Mountain mowing-21 DAY Cycle-Appx. 7700 sq. ft. $72.00 Pull weeds around and under Radio Communication Tower,Generator, and Structure,Treat Weeds on Graveled areas Edge curbed area,Blow and remove grass and leaf debris around front entrance Bridge St.Mowing -21 Day Cycle—Appx. 2700 sq. ft. Pull Weeds around $64.40 and under Radio Communication Tower,generator, structure,treat weeds on graveled areas,trim and remove vines/bushes growing into fence Telecom and DFS Buildings mowing-21 DAY Cycle-Appx. 5800 $57.39 sq. ft. Pull weeds around the IT Telecom,DFS,and Holly Storage building,Edge around any curbed areas,Blow and remove grass and leaf debris around the 1515 building Rolling Hills mowing-21 DAY Cycle-Appx. 9500 sq. ft.pull weeds $43.40 around and under Radio Communication Tower,ATT Fenced area, and Structure,Treat Weeds on Graveled areas Eagle Mountain mowing- 14 DAY Cycle-Appx. 7700 sq ft-(MAY - $64.16 SEPTEMBER ONLY)Pull weeds around and under Radio Communication Tower,Generator, and Structure,Treat Weeds on Graveled areas Edge curbed area,Blow and remove grass and leaf debris around front entrance Invoices and Payment 1. Contractor shall submit printed invoice to the City which include the Contractor's name,address and telephone number,and identify the service location with the agreed price, and the City's issued purchase order number. Contractor shall submit all invoices to the City within two (2) weeks of completing the work. Contractor shall address all invoices to: City of Fort Worth,IT Solutions Department Attn: IT Finance 200 Texas Street Fort Worth,TX 76102 Email: Suftplierinvoices&fortworthtexas. og_v 2. The City may complete a visual inspection of the Work to verify that it was completed in accordance with this Agreement. City agrees to pay all invoices for accepted work within 30 day of receiving the invoice. The City will only pay for work that is completed in accordance with the terms and specification contained in this Agreement. Contractor shall not be paid for any Incomplete Work or for failure to complete a location within the Cycle dates for each mowing Cycle. The City shall notify Contractor of any error in an invoice no later than the 21 St day after the date the City receive the invoice. 3. The City shall pay Contractor the fees established in each Work Order in accordance with the provisions of this Agreement. Contractor shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional services. The City shall not be liable for any additional expenses of Contractor not specified by this Agreement.