HomeMy WebLinkAboutContract 58092CSC No. 58092
VENDOR SERVICES AGREEMENT
Landsca�e Irragatian Services
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 and C. Green
Scaping, LP. {"Vendor"}, a Texas, and acting by and through its duly authorized representative, each
individually referred to as a"party" and collectively referred to as the "parties."
AGREEMENT DOCUMENT�:
This Agreement and supporting documents shall inciude the following:
1. Exhibit A— Scope of Services;
2. Exhibit B— Price Schedule;
3. Exhibit C— Verification af Signature Au#hority Form and;
4. Exhibit D— Insurance Require�nents.
Exhibits A, B, C and D, which are attached hereto and incorporated herein, are made a part of this
Agreemetzt for all purposes. In the event af any cai�flict between the terms and canditions of E�ibits A, B
or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this
Agreement shall control.
1. SCOPE OF SERVICES.
Vendor shall perform repairs, inspections, replacementlremoval of exisiing in-ground and above-
ground ]andscape irrigation systems and hardscape on behalf ofthe Water Department. Exhibit "A," - Scope
of Services more speci�cally describes the services to be pravided hereunder.
2. TERM.
This Agreement shall begin on the Effective Date, as established herein, and shall expire one year
after completion of the Services, unless terminated earlier in accordance Hrith this Agreement. City shall
have tne option, in its sole discretian, to renew tl�is Agreement under the same terms and conditions, for up
to iive (5) one-year renewa] options.
COMI'ENSATION.
City shall pay Vendor in accordance with the fee schedule of Vendor persomlel who perform
services under this Agreement in accordance with the provisions of this Agreement and Exhibit "B," — Arice
Schedule. Total payrrtent made under this Agreement shall be in the amount of 5ixty Thousand Dollars
($64,000.00). Vendor shall not perforn} any additional services or bill for expenses incurred %r City not
specified by this Agreement ui�less City req�ests and approves u7 writing the additional costs for such
services. City shall not be liable for any additional expenses of Vendor not specified by thrs Agreement
unless City first approves such expenses in writing.
4. TERMINATION.
4.1. Writte�� Notice. City ar Vendor ir�ay ter�ninate this Agreement at any ta�ne and for any
reasan by providing the other party with 30 days' written notice of termination.
OFFICIAL RECORD
Vendor Services Agreement (ae��.9.072�)
CITY SECRETARY
FT. WORTH, TX
4.2 Non-a�ropriation af Funds. In #i�e event no funds or insufficient funds are appropriated
hy City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which apprppriations were
received without penalry ar 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 ter�ninated prior
io the Expiration Date, City shall pay Vendor far services actually rendered up to the effective date of
termination and Vendor shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date af terinination. Upon terminatipn of tllis Agreement for any
reasor�, Vendor shall provide City with copies of al] completed ar partially completed cEocuments prepared
under t3�is Agreement. In the event Vendor has received access to City liifonnation or data as a rec�uirement
ta perform services hereunder, Vendor shall return a1l City provided data to City in a machine readable
format or other format deemed acceptable to City.
5. DTSCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure oi Conflicts. Vendor hereby warrants to City that Ve�idor has tnade full
disc{osure in writing of any existing or potential conflicts of interest related to Vendar's services under this
Agreement. I�ti the event that any conflicts of interest arise after the Effective Date oF this Agreement,
Vendor hereby agrees immediafely to make f�tll d�sclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its of�'icers, agents and employees, agrees
that it shall treat al] information provided to it by City ("City Information") as conficEentia] and shal! not
disclose at}y s�ch information to a third part}r without the prior writterl approval of City.
5.3 Unauthorized Access. Vendor sha[1 store and maintain City ]nforrnation in a secure manner
and shall nat allow unauthorized users to access, modify, delete or otherwise corrupt City lnformation in
any ��vay. Vendor shal! notify City i�nmediately if the security or integrity of any City Infonnation has been
compromised or is believed ta have been compromised, in w[�ich event, Vendor shaEE, in good faith, use ail
comrnercially reasonable efforts ta cooperate with City in identifying what information has been accessed
by unauthorized means and sha[I iufly coaperate with City to protect such City Information from further
unauthorized disclosure.
6. RIGHT TO AUDIT.
Vendor agrees that Ci#y shall, unti] the expiration of three (3) years after final payment under this
contract, or the fnal conclusion of any audit cointnenced 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 lirnited to, all electronic recorcEs, af Vendor involving transactions relating to this Agreement at no
additional cost to City. Vendor agrees that City shall have access during nonnal worl�ing hours to all
necessary Vendor facilities and shall be provided adequate and appropriate wor[� space in order to conduct
audits in co�npliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Vendar shall operate as an independent coniractor as to
a]] rights and privileges and work performed under this Agreement, and not as agent, representative or
employee of City. 5ubject to and in accordance witl� the conditians artd provisions of #his Agreement,
Vencior Services Agreement (2ev 9 072�) Page 2 of 13
Vendor shail have the exclusive right to control the details of its operatior�s and activities and be solely
responsible far the acts and omissions of its officers, agents, servants, employees, consultants and
subcontractors. Vendor acknowledges that the doctrine of respvndeat superaor shall not apply as between
City, its officers, agents, servants and employees, and Ven�ar, its officers, agents, employees, servants,
Vendors and subcontractors. Vendor further agrees that nothing herein shall be construed as tl�e creation
of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no
��ay be considered a caemployer or a joint employer of Vendor or any officers, agents, servants, employees
or subcor�tractor of Vendor. Neither Vendor, raor any officers, agents, servants, employees or subcontractor
of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and ]iable
for any and all payment a»d reporting of taxes on behalf of itself, anci any of its officers, agents, servants,
employees or subcontractor.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PR4PERTY DAMAGE .AND/OR PERSONAL INJURY, INCLUDING
DEATH, TQ ANY AND ALL PERSQNS, OF ANY KIND DR CHARACTER, WHETHER REAL OR
ASSERTED, TD THE EXTENT CAUSED BY THE NEGLIGENT ACT(SJ OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS QFFICERS, AGENTS,
SERVANTS' OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBYCOVENANTSAND AGREES
TO INDEMNIFY, HOLD HARMLESSAND DEFEND CITY, ITS QFFICERS, AGENTS, SERVANTS
AND EMPLOYEES, FR4MAND AGAINSTANYAND ALL CLAIMS OR LAWSUITS OFANYKIND
OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PRDPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINES'S AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TOANYAND
ALL PERSONS, ARISING OUT OF DR IN CONNECTION WITH THIS AGREEMENT, TD THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
VENDOR, ITS OFFICERS, AGENTS, SER vANTS OR EMPLOYEES.
8.3 1'NTELLEC�"UAL PROPERTY tNDEMNIFICATION — Vendor agrees to defend,
settle, ar pay, at its own cost and expense, any claim or action agai�st City for infringement oi any
patent, copyright, trade mark, trade secret, or similar properfy right arising from C'rty's nse of the
software and/or documentatian in accordance with this Agreement, it being anderstood that this
agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or
documentation. So long as Vendor bears the cost and expense of payme�t for claims ar actions against
City pursuant to this section, Vendor shall have the right to conduct the defense of any such claim or
action and all negotiat'rans for its settlement or camproinise and to settle or cornpromise any such
clairt►; however, City shal� have the right to fully parti�ipate 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 anci expenses for any claim or action brought against City for infringement arising under this
Agreement, City shall have the sole right to conduct the defense of any such claim or action and all
negotiations for its settlement or coropromise and to settle or compromise any such claim; however,
Ve�dor shall fully participate and cooperate with CiTy in defense of sueh ciaim or action. City agrees
to give Vendor timely ►�vritten notice of any snch 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 shail not eliminate Vendor's duty to indemnify City under this Agreement. If the softrvare
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or
Vendor 5ervices Agreemecit {Rcv.9.o7.z�) Page 3 oi 13
restrained or, if as a result of a settlement ar connpromise, such use is materially adversely resEricted,
Vendor shall, at its own expense and as City's sole remedy, either: (a) praeure fox Ciky the right to
continue to use the saftware and/or dacumentation; or (b) rnodify tne sofrivare and/or documentation
to make it non-infringing, provided that such modifcation does not materialEy adversely affect
City's authorized use of the software and/or documentation; or (c) replace the software andlor
documentation with equally suitable, compatible, and functionally eguivalent non-infringing
sofhi�are andlor documentatian at no additiona[ charge to City; or (d) if none of the foregoing
alternatives is reasonably availab�e to Vendor terminate this Agreement, and refund all amounts paid
to Vendar by City, subseguent to which termi�ation City may seek any and all remedies available to
City under law.
4. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assi ng ment. Vendor shall not assign or subcontract any of its primary duties, obligations
or rights under this Agreement without the priar written consent of City. If City grants consent to an
assRg�az�aent, the assignee shall execute a written agreemeni with City and Vendor under which the assignee
agrees to be bound by the duties and obligaiions of Vendor ui�der this Agreer�ent. Vendor and Assignee
shall be jointly liable for all obligations of Vendor under tl�is Agree�nent prior to tEie effective date of the
assignm ent.
9.2 Subcontract. If City grants consent to a subcontract far primary duties, such subcontractor
shall execute a written agree�nen# with Vendor referencing this Agreement under which subcontractor shall
agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor shall provide City with a iully executed copy of any such subcontraci.
10. INSURANCE.
Insurance requirements are found on Exllibit D.
11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Vendor agrees that in ihe performance of its obligatians hereunder, it shall comply with all
a�plicable federal, state and local lati�s, ordinances, r�les and regulations and that any wark it produces in
cot�nection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. lf City notifies Vendar of any violation of such Eaws, ordinances, rules
ar regulafions, Vendor shall immediately desist fro�n and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Vendor, far itself, its personal representatives, assigns, subcontractors and successors ii� interest,
as part of the coilsideration herein, agrees t11at in t13e perfonnance of Vendor's duiies 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 VENDOR, ITS PERSONAL
REPRESENTATNES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST,
VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY
AND HOI.D CITY HARMLESS FROM SUCH CLAIM.
I3. NOTICES.
Vendor Services Agreement (Re� 9.07.2�) Page 4 of 13
Notices required pursuant to the provisions of this Agreement slaall be conclusively determined to
have been delivered when (1} hand-delivered to the other party, i�s agents, employees, servants or
representatives, (2) delivered by electronic means with confirmation of the trar�smission, or (3) received by
the other party by United States Mail, registered, return receipt requested, addressed as follows:
To CITY:
7'a VENDOR:
City of Fort Warth C. Green Scaping, Ll'.
Attn: Dana Burghdoff, Assistant City Manager Curtis Green, Vice President
200 Texas Street 240] Handiey Ederville Rd.
Fort Worth, TX 761 �2-6314 Fort Worth, Texas 76l 18
�'acsimile: ($l7) 392-8654 Facsimile: 8i7-577-9299
With copy to Fort Worth City At�orney's Office at
same address
14. SOLICITATI4N O�' EMT'LOYEES.
Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of
one year after its termination, solicit for employment or employ, whether as employee or independent
contractor, any person who is or has been employed by the other during the term of this Agreement, withaut
the prior written consent of the person's err�ployer. Notwithstanding the foregoing, this provision shall not
�PP1Y to an empioyee of either party wE�o responds to a genera] solicitation of advertisement of employment
by either party.
15. GOVERNMENTAL POWERS.
It is ��nderstoad and agreed that hy execution of this Agreement, City does not wai�e or surre�der
any of its governmenta] powers ar immunities.
1G. NQ WAIVER.
The failure of City or Vendor ta insist upon the perfonr�ance of any term or provision of this
Agreement oc• to exercise any right granted herein shall not co�stitute a waiver of City's or Vendors
respective rigilt to insist upo�1 apprapriate perfarmance or to assert any such right on any future occasion.
l 7. G�VERNING LAW / V�NUE.
This Agreement sha11 be construed in accordance with the laws of the State of Texas. If any actio�i,
whether real or asserted, at la��� or in equity, is b�ought pursuant to this Agreement, venue for such action
shall lie in state caur�s located in Tarrant County, Texas or the United States District Court for the Nortl��rn
District of Texas. Fart Worth Division.
I8. SEVERABILITY.
If any provision of this A�reement is held io be invafid, illegal or uilenforceable, ihe validi#y,
legality and enforceability of the remaining provisions shall j�at �n any way be affected or impaired.
14. FORCE MAJEURE.
Vendor Services Agreement (xe��.9A721) Page 5 of 13
City and Vendor shall exercise their best efforts to meet their respective duties and obEigations as
set forth in this Agreement, but shall not be held liabie for any delay or omission in perfarmance due to
force majeure ar other causes beyond the�r reasonable control, including, but not limited to: acts of the
public enemy, fires, strikes, �ockouts, natura] disasters, wars, riots, material or labor restrictions by any
governmental authority, andlor any ather similar causes.
20, HEADINGS N�T CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement, and are not intended to de�ne or lirr�it tl�e scope of any peovision of this Agreement.
21. REVIEW OF COUNSEL.
The parties acicnowEedge that each party and its counsel have reviewed and revised this Agreement
and tk�at the normal rules of construction to the eifect that any ambiguities are to be resolved against tl3e
drafting party shail not be employed in tlae interpretation of this Agree2nent including its.
22. AMENDMENTSI MODIFICATiONSI �XTENSIONS.
No amendment, modification, or extension of this Agreement shali be binding upon a party hereto
unless set forth in a w�ritten instrument, which is executed by an autk�orized representative of each par[y.
23. ENTIR�TY OF AGRE�MENT.
This Agreement, including its E�chibits, 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
conterrtparaneous ora] or writte�z agreement is hereby dec3ared nul] and void to the extent in conflict with
any pravision of thas Agreement.
24. COUNTERPARTS.
7'his Agreement may be executed "n1 one ar more counterparts and each counterpart shall, for all
purposes, be deemed ar� original, but aE] such counterparts shall together constitute one and the same
instrumen#.
25. WARRANTY OF SERVICES.
Vendor warrants t3�at its services will be of a i�igla quality and canfoam to generally prevailing
industry standards. City must give written notice of any breach of this warranty within thirty {30) days from
the date thai the services are campleted. In such e�ent, at Vendor's optian, Vendar shall either {a) use
commercially reasanab]e 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 nonconfor�ning services.
26. �MMIGRATION NATIONAL�TY ACT.
Ve�ldor shall verify ihe identity ai�d employment eligibility of its employees who perform work
under this Agreement, inctuciing completing the Employment Eligibility Verification Farm (1-9). Upon
request by Ciiy, Vendor shall provide City with copies af all i-9 forms and supporting eligibikity
c�ocumentatian for each emplo��ee w110 performs work unde3- this Agreesnent. Vendor shall adl�ere to all
Vendor Services Agreement (�te.�.9.07 2l� Page 6 of 13
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 perforna such services. VENDOR
SHALL INDEMN�FY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITTES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR,
VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Vendor, shal[ have the right to immedia#ely terminate this Agreement for �iolations of this
provision by Vendor.
27. OWN�RSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, wprk papers, procedures, guides, and
dacumentation, created, published, displayed, andlor produced in conjunction witli ti}e services provided
under this Agreement (collectively, "Worf� Product"). Further, City shall be the sole and exclusive owner
of al] copyright, patent, trademark, trade secr�t and other proprietary rights in and to the Work Product.
O���nership of the Work Product shall inure to the be�iefit 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 Aroduct shalf be considered a"work-made-for-hire" within the meaning
of the Copyright Act of 197b, as amended. lf and to the extent such Work Product, or any part thereof, is
not considered a"worl�-made-for-hire" within the meanin� of the Copyrigbt Act of 1976, as amended,
Vendor hereby expressly assigns to City all exclusive right, tifle 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 ar obtain, without further consideration, free from any claim, ]ien for
balance due, or rights of retention thereto on tk�e part of City.
28. SIGNATURE AUTHOR�TY.
The person signing this A�reement hereby warranis that he/sl�e has the legal autl�ority 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 authorizatio�l oftne entity. This Agreement and any amendme��t hereto,
�nay be executed by any autl�orized representative of Vendor whose name, title and sYgnature is affixed on
the Verification of Signature Authority Form, which is attached hereto as Exhibit "C". Each party is fully
entitled ta rely on these warranties and representations in enterir�� into this Agreement or any arr�endment
]�ereto.
29. CHANGE IN COMPANY NAME OR OWN�RSHIP.
Vendor shal] notify City's PurcF�asing Manager, in writing, of a company name, ownership, or
address change faE• the purpose of maintaining updated City recards. The president of Vendor ar authorized
o#'ficial must si�n the ]etter. A letter indicating changes in a company name or ownership must be
accompanied �vith supporting ]egaE documevtation 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 agreemeni. Failure to provide the specifed documentation so may adv�rsely impact
future invoice payments.
30. PROHIB�TION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL.
Vez�►dor unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas
Government Cade, if Vendor has ] 0 or more full time-empioyees and the contract value is $] 40,000 or
more, the City is prol�ibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that ii: {1) does �7ot boycptt Israel; and (2} wi]]
Vendor Services Agreenlent �Re�.4.o72�� Page 7 of 13
not boycott lsrael during the term of the cantract. The terms "baycott Israel" and "company" shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Govemment Code. By signing this
contract, Ve�dor certifies that Vendor's signature provides writte�► veri�cation to the City tl�at if
Chapter 2271, Texas Government Code applies, Vendor: (1} does not boycott Israel; and (2) will not
hoycott Israel during the term of the contract.
31. PROHIBITION ON BOYCOTTING ENERGY COMPANIES.
Vendor acknawledges thai in accordance with Chapter 2274 of [he Texas Government Code-(as
added by Acts 2021, 87th Leg., R.S., S.B. ]3, § 2}, the City is prohibited from eE�tering into a contract for
goods oe services that has a value of $100,400 ar more, ��laich wiJl be paid wlially or partly frorn public
funds of the City, with a company (with 10 ar more full-time employees} unless the contract contains a
written verification fram the co�npany that it: (1 } does not boycoft energy companies; and (2) will not
boycott energy companies during the term of t�e contract. The terms "boycott energy company" and
"com�any" have the meaning ascribed to those terms by C�apter 2274 of #he Texas Government Code (as
added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government
Code is ap�lieable to this Agreement, by signi�g this Agreement, Vendor certiiEes ihat Vendor's
signature provides written verification to the City that Ve�dor: (1) does not boycott energy
companies; and (2} will not boycott energy companies during the term of this Agreement.
32. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION
INDUSTRTES.
Vendor acknowledges that except as otherwise provided by Claapter 2274 ofthe Texas Government
Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prahibited from entering into a
contract for goods or services That has a value of $i 00,000 or more ���hich �vili be paid wliolly or partly from
pubiic funds of the City, with a company (with 10 or more ful]-time employees) unless the contract contains
a written verifcation from the company that it: (1) does not have a practice, policy, guidance, or directive
that discriminates against a fireann entity or fireann trade association; and (2) will not discriminate during
the term of the contract against a firearrn eEltity or frearm trade associatiocl. The terms "discriminate,"
"firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274
of the Texas Govern�nen# Code (as added by Acts 202 t, 87fh Leg., R.S., S.B. l9, § 1). To the extent that
Chapter 2274 0#' the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that Vendar: (1)
does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
�rear�m trade association; and (2) will not discriminate against a iirearm entity or firearm trac3e
association d�ring the term of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as oi
the date subscribed by the City's Assistant City Ma�lager ("Effective Date").
{signature page a�zd exhibits follow)
Vendor Services A��eement (uc.� 9_0�.2�) Page 8 af 13
ACCEPTED AND AGREED:
C[TY OF FORT WORTH:
VENDOR:
Dana Burghdoff (Sep 1:
$y: Name:
Title:
Date:
202Z 11:45 CDT)
Dana Burghdoff
Assistant City Manager
APPROVAL RECOMMEN�7ED:
< �L2.Gd .tDi,Gy'G�iL ,�
��. ChristopherHard (Sep9,20220959CDT)
Name: Chr-is Harder
Title: Water Di�•ector
ATTEST:
TAnnetf�e S. Goodall
By: Jannette 5. Goodall (Sep 12, 202213:46 CDT)
Nai�e: Jannettc; Goodall
Title: City Secreta�y
y: Name: Curtis J. Green
Title: Vice Preside�t
Date:
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APPROVED AS TO FORM AND LEGALITY
�
B�I . D$lack (Sep 12, 202210:55 CDT)
Name: Doug �lack
Title: Sr. Assistant City Attorney
CONTRACT AUTHORIZATION:
�Yi&C: 22-0610
DATE: 8-23-2022
1295:2022-916909
CONTRACT CON1Pl.,I.A\CE VIANAGER:
8y siai�in� [ acknowledge that l am the person
res�ocisible for the moniYoring ai�d administration of
this contract. including ensuring all performance and
reporting requirements.
By,: � U �.1,e�¢.�
%
Nan�e: Regina Jones
Title: Conu•act Comp3iance Specialist
OFFICIAL RECORD
Vendor Services Agreemei�t �a��-.�.07 ai)
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
SCOPE OF SERVICES
Vendo�• Serrices Agreement — Fxhibii A(Reti�.) n7.21} Page 10 of I3
PART 2- SCOPE OF SERVICE$ ANp10R SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Wor#h (City) seeks bids to �inalize an agreement to pro�ide Landscape
Irrigatian Ser�ices for the Wa#er Departmeni on an "as-needed" basis in accorcfance
with t�e specifications. Prospective responding bidders should ensure they down4oad all
attachments for complete responses and undersianding af the agreement the City
intends to award from this salicitation. The successful bidder(s}, known hereafter as
"Contractor"I"Vendor."
12 This Agreement shall begin upon award or execution of the City Secretary Contract
("Effecti�e Date") and shall expire on upcoming September 3flth, {°Expiration Date"),
unless terminated earlier in accordance with this Agreement ("Initial Term"). Upon the
expiration of the Initial 7erm, the Agreement shali renew automatically Under the same
terms and conditians for up to fi�e (5) one-year renewal periods {October 1 to
September 30), unless City or Coniractor pro�ides the aiher party with notice of non-
renewal at least 60 days before #he expiration of the �nitial Term or renewal period.
Howe�er, if funds are noi appropriated, the City may cancel the Agreement 30 calendar
days after pro�iding written natification to the ContractorNendor.
1.3 Following the award, additional goodslservices of the same general category that could
ha�e been encompassed in the award of tfiis Agreement, and that are r�ot already on
the Agreement, may be added based on the discount bid and price sheet provided with
the bid.
1.4 Unii prices shall include al! costs associated with the specified work, including but not
limited to handling, deli�ery, fuel charges, fees and certifications fees. NO ADDITIQNAL
CHARGES WILL BE ACCEPTED OR F'Alfl BY THE CITY.
1.5 Any material andlor servic�s under this co�tract shafl be pro�ided where irrigation
equipment andlor lines are damaged by City worlc crews during other construction,
repair and installation projects, locations are generally, but not limited ta:
1.5.1 City ownedloperated facilities;
1.5.2 Right-Of-Ways;
1.5.3 Storm water channels;
1.5.4 Citizens' homes, and;
'f.5.5 Industrial area5.
1.6 The Ci#y reser�es the right to add or remove departments and locations at the City's
discretion.
1.7 Any material andlar services that ha�e bee� omitted from this scope of service that are
clearly necessary or in conformance shall be considered a requirement althaugh not
directly specified or called #or in the scope of services.
1.8 7he submission ofi a bid by the bidder shal! be considered evidence o# compliance with
these requireme�ts.
1.9 The awarded �endor(s) shall pro�ide material and/or services of �ariaus types and sizes
to include all necessary components to corrtplete t�e installation or repairs.
ITB 22-0143
Landscape Irrigation Services
Page 15 of 35
2.0 DEFINITIONS
2.1 Department Cantract Manager- City of Fort Worth employee assigned to manage the
compliance, oversight andlor adrninistration of the cantract or project for their
department of �mployment.
2.2 Designee - a City of Fort Worth employee assigned by the Department Contract
Manager to assist with the compliance, o�ersight andlor administration of the contract or
Project.
2.3 Service Call - A call out for work where the Vendor shall suppiy a worker to perform a
service.
2.4 Non-Emergency Call - A call out for ser�ices in which the Vendor must contact the City
of Fort Worth point of contact within one (1) hour to schedule a date and time for
ser�ices.
2.5 Emergency Call - A call out for services in which the Vendor must contact the City of
Fort Warth paint of contact within one (1) hour and respond to the job site within two (2)
hours from the time of the contact cafl.
2.6 Price Adjustment means an unplanned or unanticipated change, upward or downward,
#rom the established contract price that is supportecf by dert�onstrated Price Adjustment
Justification. A req�est for a Price Adjustmeni must be initiated by the Vendor. Price
Adjus#ments sha�l not be allowed more frequentiy than once Quarterly. It is within the
sole discretion of ihe City to determine whether an adjustment is necessary andbr
acceptable.
2.7 Price Adjustment Justification means dacumentation supporting a requested Price
AcEjustment and showing an objecti�ely verifiiabl� basis for a change in price due to the
documented impact of economic conditions on labor, equipment, or materials.
Examples of possible Price Adjustment Justificatian include, but are not limited to, cost
indexes, andlor updated supplier price sheets. It is within the sole discretion of the City
to determine whether Price Adjustment Justification is sufficient andlor acceptabfe.
2.8 Quarterly means the City's Fiscal year quarters, being each of the three (3) month
periods the first of which begins October 1. Quarter (Q} 1: October 1— December 31;
Q2: ,lan 1— March 31; Q3P: April 1— June 30; Q4: July 1— Sept�mber 30.
2.9 iCEQ - Texas Commission on En�ironmental Quality.
2.10 Qualified HelperlHelper/Crew - Irrigation worker not licensed by TCEQ helping a
licensed tecf� and or irrigator
2.'i 1 Licensed Irrigation Worker {Licenses Irrigator} - Fully licensed by TCEQ and can sell,
design, cansult, ins#a�i, maintain, alter, repair, or service an irrigation system, including
the connection of s�ch system to a private or public, raw or potable water supply or any
water supply. This includes water wells in unincorporated areas of the state.
2.'[2 Irrigation iech - Licensed by TCEQ as a Licensed Technician who can connect a
landscape irrigation system to a water supply, including installing a backflow prevention
de�ice; and may maintain, alter, rePair, senrice, or direct the instailation of an irrigation
systern under the super�ision of a licensed irrigator.
IiB 22-0143
Landscape Irrigation Services
Page �6 of 35
3.0 TENTATIVE SCHEDULE QF �1lENTS
TASK DATE TIME
Release Date Wednesday, June 22, 2022
Pre-Bid Conference Wednesday, June 29, 2022 3:OOPM (Local Time)
Dead[ine for Questions Tuesday, July 5, 2022 S:OOPM (Local Time)
Answer Deadfine Friday, July 8, 2022 5:OOPM (Local Time)
ITB Due Date Thursday, JuEy �4, 2022 1:30PM (Local Time}
Recommended Vendor Selection July 2022
Mayor and Council Consideratian August 2022
4.0 CHANGE IN COMPANY NAME OR OWNERSHIP
4.1 The Vendor shall notify the Cify's Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated Cify records. The
president of the comPany ar authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supportir�g 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 ihe aciion, or an executed
merger or acquisition agreement. Failure to do so may ad�ersely impact future invoice
payments.
5.0 BUSINESS EQUITY PROVISIOI�S
5.1 A wai�er of the goal for �usiness Equity subcontracting requirement is approved by the
DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of
goods or services is from sources where subcontracting or supplier opportunities are
negligible.
6.Q ME7HOD OF AWARD
fi.1 Bids will be evalueted based upon bids recei�ed from a respo�sive and responsible
bidder complying with ail o# the pro�isions of the solicitation, provided the bid price is
reasonab{e, and presents the best value to the City and it is in the best interest of the
City to accept it.
6.1.1 A responsi�e b�dder is defined to be one who submits a compfeted bid packet
within tF�e stated time deadline and in accordanc� with the bid specification.
6.1.2 A responsible bidder is defir�ec� to be ane who demonstraies via responses to the
selection criteria hislher ability to successf�lly deliver the supplies, equipment, or
services being procured.
6.2 Bids that da not recei�e 50% or more of the total a�ailable points, excluding the points
for p�ice, will be deemed non-responsi�e.
6.3 The following criteria will be used io determine the best �alue:
17B 22-0143
Landscape Irrigation Servfces
Page 17 of 35
6.3.� Cost of Service — maximum �0 points
6.3.2 �idder's quaiifications and references related to the scope of work — maximum
25 points
6.3.3 Bidder's ability ta meet the City's timeframes requested in this bid — rrtaximum 20
points
6.3.4 Bidder's ability to mee# tl�e City needs — maximum '[ 5 points
6.4 The e�aluation factors listed above will be applied in a cor�parati�e manner to all
eligible, responsi�e bids. Award may be made without discussion with Bidders after bids
are recei�ed. Bicfs shouEd, therefore, be su6mitted on the most fa�orable terms.
6.5 In order for the City to recefve adequate co�erage on its requirements as specified in the
solicitation, the City reserves the right to malce multiple awards.
6.6 The City reserves the right to accept or reject in whole or in part aRy ar aEl bids received
and to mak� an award ort the basis of individual item, combination of items, or o�erall
bid, as it is deemed in the best interest of the City. The City also reser�es the right to
reject the bid of a bidder who has pre�iausly failed to perform pro�erly or compleie an
time agreements of a similar nature.
6.7 ihe City reserves and shafl be free to exercise the right to e�afuate 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 ta be in tl�e 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 corporatian and the public at
la rge.
6.8 The e�aluation factors listed above will be applied in a comparative manr�er to all
eligible, responsi�e bids. Award may be made without discussion with Bidders af#er bids
are recei�ed. Bids should, therefore, be submit#ed on the mast fa�orable terms.
6.9 If A#tachment B, Conside�ation of Location of Bidder's Principal Place of Business, is
completed by any Bidder, the City wilf review the Attachment to determine whether Local
Preference will appiy to the award.
6.10 The Ciiy also rese�ves the right to reject the bid of a bidder who has pre�iously failed to
perForm properly or complete an time agreements of a similar nature.
7.0 VENDOR REQEJIREM�NTS IN ORDER FOR BlD TO BE EVALUATED
In order for the bid to be e�afuated the Vendor shall;
7.1 Ha�e a minimum of 5(five) years of experience providing landscape irrigation services,
similar or related to the Scope of Ser�ices.
7.2 Ha�e and operate a full-time, permanent business address with the ability to be reached
by email and telephone.
7.3 Maintain an adequate number of employees ficensedlcertified by the Texas Commission
an En�ironmental Quality (TCEQ), fo satisfactory perform scheduled, non-emergency
and emergancy ser�ices twe�ty-four hours per day, 365 days per year; who are skilled,
ITB 22-0143
Landscape Irrigation Services
Page 18 of 35
responsible persons; who in manner and character are suitable ta a business
administeri�g ta the type of patronage expected of a City Contractor.
7.4 Have acc�ss to all manufaetured brands to ensure new parts are compatible with
existing systems.
7.5 Meet requirements iisted in Part 2, section 8.0 and 9.0.
8.0 VENDOR RESPQN5IBILITIES
The Vendor shall:
8.1 Provide labor, toals and equipment necessary to perForm irrigation repair.
$2 Deleted from bid document p�r Addendum 1 issued June 30, 2422 as it is not
applicable.
8.3 Deleted from bid document per Addendum 1 issued June 3Q, 2022 as it is not
applicai�fe.
8.4 Pro�ide services on an as-needed basis, unless �equested otherwise by Department
Contract Manager or designee. Services will then be recei�ed as specifieci by the City
an the Purchase Order.
8.5 Provide a list of parts, materials and equipmeni with th� invoice.
8.6 PerForm services in a professional and workman-like manner. Be responsible and fiable
for the safety, injury and health of its working personnel while its contract workers are
delivering serviceslmaterials.
8.7 Provide ser�ices 24 hours se�en days a week, including City observed holidsys and
respond to non-emergency and emergency service calls when requested.
8.8 Supply all items andlor mater'tals �nder t�e agreement(s) resulting from this bid shall be
new, unused, of recent manufiacture, and suitable for their ir�tended purpose.
8.9 Notify the Department Contract Manager or designee immediately if the Contractar
encounters unforeseen conditions which impacts the work, which could not initially be
evaluated.
8.10 The Department Contract Manager or designee shall have the right to appro�e or
disapprove any and all substitutions.
8.11 Pro�ide a report to the Department Go�tract Manager ar designee describing the work
perFormed ancE the materials used ta complete the services.
8.12 Provide before and after photos of the workljobsite to ihe City for their records.
8.13 PerForm aEl work shall be in accardance with the latest edition of afl applicable Local,
State, and Federal Laws, Codes and Regufations.
8.13.1 Contractor shall be responsible fior obtaining all required permits.
8.13.2 Cantractor shail ha�e work ins�ected by proper of#icials upon completion.
8.1�4 Prove to the City that ihey are duly qualified and capable to fu[fill and abide by the
requirements listed herein.
ITB 22-0143
Landscape Irrigation Services
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8.15 Provide landscape irrigation ser�ices that meet or exceeds ihe speci#ications and
complies with the standards and E�est practices set by TCEQ for this type of services.
8.16 Pro�ide cost estimates to the Division within fhe Water Department ardering the
services.
8.16.1 Estimates do not have to be exact; howe�er, they should reflect a realistic dollar
amo�nt camparable to the work requestedlneeded.
8.16.1.1 If estimates for repair parts exceed $'{,OQ0.00, City Departments
reserve the right to purchase parts frorn current annual agreements for
irrigation parts if the cost is less.
8.16.2 All estimates shall be itemized to show labor costs, maierials and parts costs,
including rental of toals or equipment necessary to camplete the scope of work.
8.16.2.1 Materials and parts costs shall b� detailed separately.
8.18.3 If there is an increase in an estimate ciue to unforeseen conditions, Vendor shall
obfain written notification firom the Department authorized emp[oyee to proceed.
8.17 Provide detailed invoices when requesiing payment for materia[s uti3ized while
completing the City project, such as, but not limited #o rental of tools andlor equipment,
parts and materials.
8.17.1 Cost shall be charged to ihe City based on the mark-up percentage listed on the
bid solicitation page.
8.'k7.2 Vendor must pro�ide proof af cost with all in�oices thaf list item charges.
9.0 DELIVERY andlor PICF(-UP
The Vendor shall:
9.1 If the City requests non-emergency ser�ice, the Vendor rnust contact requestor within
one {1) hour ta schedufe a date and time far services.
9.2 If the City requests immediatelemergency se�ice, the Vendor must contact requestor
within one (1) hour and respond to the job site w9thin two (2} hour of time ofi the call.
9.3 If applicable, deli�er orders for the Fort Worth Water Department, Field bperations,
located at 16�8 11fh A�enue, Fort Worth, TX, 76102 during normal working hours
8:OOAM through 5:OOPM, Monday through Friday, unless otherwise requested by the
Depar#ment Contract Manager or designee.
9.4 Not deli�er orders on City obser�ed holidays:
9.4.� New Year's
9.4.2 Martin Luther King
9.4.3 Memorial Day
9.4.4 Juneteenth
9.4.5 J uly 4th
irs 22-a�as
Landscape Irrigation Services
Page 20 af 35
9.�4.6 Labor Day
9.4.7 Thanksgi�ing Thursday and the following Friday
9.4.8 Christmas
9.5 Understand deli�ery locations will normally be within the City of Fort Worth, Texas; and
shall be made to the focation requested by the Department Contract Manager or
designee.
9.6 Deli�er order(s) F.O.B pestination and ali otf�er delivery charges shall be included in the
unit price. The person placing the order will pro�ide delivery and billing information. No
additional charges for expenses, freight, mileage, time, ar similar items will be accepted
or paid by the City. There may be instances when the Vendor may be askad to
accelerate deli�ery of an arder(s) due to extenuating circumstances. When this occurs
and there is an additional cast, the Vendor must recei�e written approval frorr�
Department Contract Manag�r in order to order the materials. If written approval is not
rec�iv�d from the Department Contract Manager, City shall not be liable for any costs.
9.7 Uncierstand in t�e event the Vendor is unable to meet the originsl deli�ery dat�(s), the
Department Contract Manager of ciesignee rnust be contacted immediately, but prior to
the due date, and seek an extension of deli�ery 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.
9.8 Understand deii�ered products that are determined to be defecti�e or not meeting bid
specifications shal� be picked up and replaced withir� twenty-�our (2�#) hours by the
Vendor, or the Vendor's designee, at no cost to the City. If the product(s) are not picked
up within one (1) week afiter notification, the product(s) shall become a donation to the
City for disposition.
10.0 WARRANTY
10.1 Vendor shall not limit or exclude any express or implied warranties and any atte�npt to
do so shall render this cantract �oidable at the o�tion of Buyer. Vendor warrants that the
goods fumished will conform to Buyer's specifications and descriptians listed in the
proposal in�itation, and the sample(s) fumishec! by Ver�dor, if any. In the e�ent of a
conflict between Buyer's specificatians, and descriptions, Buyer's specifica#ions shall
govern.
10.2 The City shall r�otify the Vendor, within a reasonable period of time after tha disco�ery of
any failure, defect or damage.
10.3 With respect to all warranties, express�d or impiied, from manufacturers, or suppliers for
work performed and materials furnished under this contract, the Vendor shall:
10.3.1 Obtain all warranties that would be obtained in narmal commercial �ractice;
10.3.2 Enfarce all warranties for the benefit of the City of Fort Worth.
10.4 This warranty shall not include failures attributable to accicfent, fire, or negligence on the
part of Ci#y personnel.
ITB 22-0'f43
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Page 21 of 35
10.5 Vendor shall:
10.5.1 Understand all related material shall carry the standard warranty of the
manufacturer.
10.5.2 Understand warranties shall �ae ef#ective on the date of acceptance of tF�e
product(s} by the City.
10.5.3 Rem�dy at the Vendor's expense any non-conformir�g or defective products. The
warranty sha11 continue for a period of ninety (90) days from the date of
acceptance of the products by the City.
10.5.4 Understand that t�e Vendor's warranty with respect to products repaired or
replaced will continue for nineiy (90) days from the daie of installatior� and
acceptance of such by the City.
10.5.5 Understand if the Vendar fails to remedy any failure, defect or damage within
reasonable time afiter receipt of notice, the City shall ha�e the right to replace,
repair or otherwise remedy the failure, defect or damage at the expense of the
Vencior.
10.5.5.1 A reasonable time shall be defiined as the time frame agreed upon by
Vendor and the D�partment Contract Manager or designee, and shall
be documented in writing and signed by both part�es.
11.0 LAWS, REGULATIONS, AND ORDINANCES
11.1 The Vendor shall be responsible far meeting all Federal: laws, ordinances and
regulations; 5tate: laws, ordinance and r�gulations; County: laws, ordinances and
regulations; and City: laws, ordinances, and regulations for safety of people,
er��ironment, and property. This includes, but is not limited to, all Federal, State, County,
and City Agencies, Administrations and Commissions such as the En�ironmental
Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and
the Texas Commission on En�ironmental Quality (TCEQ). In the event any law,
regulation or ordinance becomes effective after the start of this Agreement, the Vendar
is required to comply with new �oiicy. Any rr�andates requiring the City to cornply with
new guidelines will also require the Vendor to comply.
12.0 iNVQIClNG REQUIREMENTS
The City of Fort Worth has begun implemeniing an automaied invoicing system.
12.1 The Contractor shall send invoices electronically to our centralized Accounts f�ayable
department in�aice email address: supplierir��oices@fortworthtexas.gov. This email
adciress is not monitored so please do not send correspondence to thEs err�ail address.
The sole purpo5e of the supplier invoices email addr�s5 is to receipt and pracess
supplier in�oices.
12.2 Please include the fallawing on the subject line of your e-maiL �endor name, in�oice
number, and PO nurr�ber, separated by an underscore (ex: Example,
1 nc._123456_FW013-OOOQ041234)
12.3 To ensure the system can successfully process your in�oice in an expedient manner,
please adhere to the following requirements:
• All in�oices must be either a PDF or TIFF format.
ITB 22-0143
Landscape Irrigation Services
Page 22 ot 35
• Image quality must be at least 300 DPI (dots per inch).
. Invoices must be sent as an attachment (i.e. no invoice in the body o# the emai!).
• One invaice per attachment (includes PDFs). Multiple attachments per email is
accep#able but each in�oice must be a separate attachmeni.
� Please do not send handwrit#en invoices or invoices that contain handwritten notes.
• Dot matrix in�aice format is noi accepied.
• The in�oice must contain ihe following inforrnation:
• Supplier Name and Address;
• Remit to Supplier Name and A�dress, if different;
• Applicable City Department business unit# (i.e. FWQ13};
• Complete Cify of For# Worth PO number (i.e. the PO number must contain all
preceding zeras};
• In�oice number;
• Invoice date; and
• Invoices should be submitted after deli�ery of the goods ar ser�ices.
12.�4 To prevent invoice pracessing delays, please do not send invoices by mail and email
and please do nof send the same invoice more than once by email to
supplierinvoices@fortworthtexas.gov. To check on ihe siatus of an in�oice, please
contact the City Department ordering the goods/services or the Central Accounts
Payable Department by email at: ZZ_FIN_AccountsPayable@fortworthtexas.gov.
'f2.5 If you are unable to send your in�oice as outlined above at this kime, please senc! your
invoice to our centralized Accounts Payable department instead of directly to the
indi�idual city department. This will alEow the city staff to digitize the invoice for faster
processing.
12.6 If electronic invoicing is not possible, you may send your paper invoice to:
Ci#y of Fart Worth
Attn: FMS Central Accounts Payable
200 Texas Street
Fort Worth, Texas, 76102
i2.7 Tf�e City's goal is to receive 100% of ir�voices electronically so thaf all supplier
payrr�ents are processed efficiently. To achie�e this goal, we need th� Contractor's
support.
92.8 !f Contractor has any quesfions, please contact the Accounts Payable team at (817)
392-2451 or by email to ZZ_FIN AccountsPayable@fortworthtexas.go�.
'l2.S Cantractor shell not include Federal, State of City sales tax in its invaices. City shall
furnish a tax exemption certificate upon Vendor's request.
13.0 11NIT PRICE ADJ[JSTMENT
'E 3.1 Vendor may request a Price Adjustment based on Price Adjustment Verification up to
o�e time Quarterly. Price Adjustment rr3eans an unplanned ar unanticipated change,
upward or downward, from fhe esiablished contract price that is supported by
demonstrated Price Adjustment Justification. A request far a Price Adjustment must be
initiated by the Vendor. Price Adjustments shall not be allowed rr►ore frequently than
once Quarterly. It is within the sole discretion of the City to determine whether an
adjustment is necessary andlar acceptable.
ITB 22-0143
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Page 23 of 35
EXHIBIT B
PRIC� SCHEDULE
Ve�tdor Se�vices Agreement — Exhibit S(xev 9 �72 �} Pabe 11 of 13
FORT W4RTH..
�r REVISED BID SOLfCfI'ATION
Event ID Page invited: PU6LEC EVENT DETAILS
CFkOi-22-0143 3
Event Round Version Submit To: Cl#y pf FOrt Worth
1 2 FINANCIAL MANACEMEN7 SERVICES
Event kame FINANCE - Purchasing
1'rs Landsca e zrri at3on sezVices 200 Texas 5t. (Lower Le�el, South)
S#art 7ime Finish Time Fprt Worth iX 7fi102
06 z2 zoz2 08:06:00 cnT o� i4 2oz2 13:3D:00 cDz Unifed States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 1
Descri tion: Q Unit llnitPrice Total
.........,.,r.,,,..,,..R E[tAOVED ...............«....
� �
�ine: 2
Descri tion: f2 Unit UnitPrice Total
QUALIFIED CREW 1 HELPER 350.00 HR �
during Normal Business Hours
Monday through Friday 7:00ANi-S;OOPM $37.00 �� Z,g�J�.��
Line: 3
Descr_iption: Qty
LIC�NSE� LANDSCAPE IRRIGA70R 200.OQ
During Normal Business Hours
Monday thro�gh Friday 7:ODAM-5:�OPN�
_ Unit UnitPrice Total
HR
�68.Oq $13,6Q0.00
l.ine: 4
�escripiion: Q lJnit LlnitPrice Tota3
LICENSED IRRIGATfON TECH 150.00 HR
During Normal Business Hours
Mpnday through Friday 7:00Ai,I-5:OOPM �rJ' 3.flQ �%,�rjq.�Q
Line: 5
DesCri tion: Q Unit ilnitPrice Tofal
QUALIFIED CREWIHELPER tioa.00 HR
Dtltside Normal 8usiness Holirs
Monday through Friday 5:01PM-6:53AhI �4$.�� $4,$Q�.��
Line: 6
Descri tion: Q Unit UnitPriee Tatal
LICENSED LANDSCAPE IRR[GATOR 'f05.04 HR
Outside Normai Business Hours
Monday through Friday 5:09 PM-6:59AM �B�.Q� �i9,2�4.Q�
Line: 7
Descri tion: Q Unit UnitPrice Total
LICENSEQ IRRIGATIOIV 7ECH '100.00 HR
Qutside Normal 6usiness Hours Q �
Monday lhrough Friday 5:01PM-6:59AM y��g.�� i ��,9DO.QQ
Line: 8
pescription: .__. 4ty U�it UnitPrice Total
QUALIFIED CREW 1 HELPER SOA4 HR �
Ciry pbserved Holfdays $4$.Oa �
� $2,400.00�
ITB 22-0143
Landscape ]rrigaiion Sen�ices
Page 3 of 35
Foxx V4'oRxx.
��'�'� REV�SED BiD S4L1CfTATIQN
�vent 4D Page Invited: PUBLIC �VENT UETAILS
CFWO1-22-0143 q
Event Round Version 5ubmit To: Clty Of Fort Wofih
1 2 FINANCIAL MA�iAGEMEN7 SERVICES
E�ent kame F1lVANCE - Purchasing
ITB Landsca e zrriaation 5ervzces 20p Texas St. (�ower Levet, South)
StartTime Finish Time FOri Worth TX 76t02
06 22 2022 08_00:00 CDT 07 14 2022 13:30:00 CpT United 5tates
EmaiR: FMSPurchasingResponses@fortworthtexas.gov
Line: 9
Aescription: ,Qtx ,.__ Unit UnitPrice Total
LfCENSED LANDSCAPE IRRIGATOR 100.00 HR �
City D6served Holidays
�$$.0� $8,8��_��
Ll�e: 10
bescription: ___ Qty_ _ Unif UnitPrice Total
LICEI�lSE�7 IRRIGATEaN 7�CH 50.00 HR �
City Observed Holidays
$69.p0 $3,450.04
Line: 11
Descri�tion: Qty Unit UnitPrite TotaE
SERVICE CA�L - Non-Emergency 25.00 EA -`- �
buring Normal Business Haurs
Monday ihraugh Friday 7:Q0AM-5:DOPM �T �O.�a �3,rJpQ.Q�
Line_ 'f2
Descri tion: ,Q�_______ Unit UniiPrice Total
SERVICECALL-Non-�mergency 50.00 EA
Outside Normal Business Hflurs
Monday through Friday 5:91 PIIR-6:59AM � ��O.DO ��,��a.�d
Line: 13
�escription: _ Qt�r Unit UnitPrice Total
SERVIGE CALL - Non-Emergency 25A0 EA
Saturday and Sunday
��40.00 �3,�oo.ao
Line: 14
Descri tion: Q Unit ilnitPrice Tatal
SERVICE CALL - Non-Emergency 1.00 EA
City Observed Holidays �'� 4�.�� �� 4Q.�Q
Line: '15
�escription: __ _ Qty Unit UnitPrice Tota]
SEF2VICE CALL - Emergency 1.00 EA
During Normal Business Fiours �
Monday through Friday 7:OOAM-5:OOPM �� �d.ad � � 4Q.Q�
Line: 16
DescripYipn: __ Q Unit UnitPrice Total
SERVIGE CALL- Emergency �.00 EA
�utside Norma! Business Hours
Monday through Friday 5:01 PM-6:58AM $140.00 ;$14Q.OD
Line: 17
Descri tion: Q Un9t UnitPrice 'fotal
SERVICE CALL - Emergency 1.D0 EA
Saturday and Sunday ^�_---- -. � I�� 4�.�n I
' $140.00 i
tTa z2-aia3
Lcndscape hrrigation Services
Page 4 of 35
FORT WORTH:
�'r REVISED B!D SQL�CITATION
Event ED Page fnvited: PiIBLEC EVEN� pETAfLS
CFWOl-22-0143 5
Event Round Version Submit io: City of FpTt Worth
1 Z FINANCiAL MANAGEMENT SERVICES
Event Name FI�f,4j+JCE - Purchasing
ITB Landsca e Irri ation Services 200 Texas Si. (Lower Level, South)
Start Time Finish Time Fort WDrth TX 761 Q2
06 zz zoss os:oa:oc cDT oa �a �a�2 13:30:40 CBT iJnited Sfates
Emai1: FMSPurchasingResponses@fortwprthtexas.gov
Line: 18
pescription: Qtv ilnit UnitPrice iotal
5ERVICE CALL - Emergency � � � � 1.00 � EA —
City Observed Holidays
$140A0 $140.00
Line: 19
Qescri tion: Q Unit llnitPrice Total
QUALIFIED CREW 1 HELPER 1.00 HR
Saturday and Sunday $48 O� �, �$ �O
Line: 20
Description: Qtv Unit llnitPrice Total
LICENSEp LANDSCAPE lRRIGATOR 1.00 � HR
Saiurday and Sunday ��$.�Q �$$,00
Line: 21
Descri tion: Q Unit llnitPriCe Total
�ICENSED IRRIGA710N TECH 1.04 HR ��
Seturday and Sunday
, $fi9.00 � $�g.0 j
Line: 22
pescri tion: Q Unit UniYPrice Total
Miscellaneous Parts, Materials, Toofs and Equipment 1D00.00 EA
Rental Cosi plus a%(percentage) Markup.
C�uantity lisied is the estimated annual cost. ��.� 5 $1, � 50.00
An example of the total to be Ifsted on this line item is
$1 D00 +$1 D6 (9U°% MARKUP) _$1100. Fata! Bid Amount:
�ss, � ��.oa
A t�id of "0" will be interpreted by the City as a no-charge (iree) item and ih� City will not expect to pay for
that item. A bid af "no bid" or no response (space left i�lan�c} will be interpreted by the City that the Diferer
does not wish io bid on that item. Be advisecf, a"no bid" ar no response may be considered as non-
respansive and may result in disqualification ofithis bid.
Services not lis#ed abvve will be offered at a discount of O.�a % of contractor's cost.
(5ervices may be added on an as needed basis ihroughout the life at the agreement, therefore, Ehe bidder
shail 5ubmit a price fist for all availabl� items with t#�eir bir! submittaf}
fTB 22-0'f43
Landscape Irrigation Serolces
�age 5 oi 35
EXHIBIT C
VERIFICATION O� S�GNATURE AUTHORITY
Vendor here6y agrees to provide City with independent audit basic financia] statements, but also the fair
presentation af the financia] statements of individual fiinds.
Execution of this Signature Verification Form {"Form") hereby certifies that the follawing itldividuals
and/or positions have the authority to legally bind Vendor and to execute any agreement, ame��dment or
change order on behalf of Vendor. Sucii binding autharity has bee�1 granted by proper order, resolucion,
ordinance or otl�er authorization of Vendor. Ci#y is fully entitled to rely or� tiae warranky and representation
set farth in this Form in eiltering into any agreement or amendment with Vendor. Vendor will submit an
updated Form within te�� (]0) business days if there are any changes to the signatory autliority. City is
ent�tled to rely on any current executed Fom� unti] it receives a revised Form that has beer� properly executed
by Vendor.
l. Name: 'rj�#�ljt' ('��
Position: )7�.K
�l �
� i nature
2. Name: �'i �%�+�
Pasition: ���liA�l"�
Sigz�ature �� �
3. Narne: �,i�u� G4fr/�,�W.+�I��fit.
Position: ��,.�
� , _�� h � �
Signature
Na�11e: _ � 1���„—���Z
/
Signature bf Pre�d�t 1 CEO
Other Tit[e:'� j"LL�J L�,��
�
Date: �
Vendor Services Agreement —Exhibii C(Re� 9 o72t) Page 12 of 13
EXHIBIT D
INSURANCE
Vendor Services Agreement —�xhibit D(ae�.9.o�.zt� Page l.3 of 13
DATE:Tuesday, August 23, 2022 REFERENCE NO.: **M&C 22-0610
LOG NAME: 13P ITB 22-0143 LANDSCAPE IRRIGATION SERVICES MC WATER
SUBJECT:
(ALL) Authorize Non-Exclusive Purchase Agreements with North Texas Hydromulching and Landscape
Services, LLC and C.Green Scaping, LP for Landscape Irrigation Services for the Water Department in a
Combined Annual Amount not to Exceed $146,000.00, and Authorize Five One-Year Renewals Options in
the Amount of $175,200.00 for the First Renewal, $210,240.00 for the Second Renewal, $252,288.00 for
the Third Renewal, $302,746.00 for the Fourth Renewal and $363,295.00 for the Fifth Renewal
RECOMMENDATION:
It is recommended that the City Council authorize non-exclusive purchase agreements with North Texas
Hydromulching and Landscape Services, LLC and C.Green Scaping, LP for landscape irrigation services
for the Water Department in a combined annual amount not to exceed $146,000.00 and authorize five one-
year renewals options in the amount of $175,200.00 for the first renewal, $210,240.00 for the second
renewal, $252,288.00 for the third renewal, $302,746.00 for the fourth renewal and $363,295.00 for the
fifth renewal.
DISCUSSION:
The Water Department approached the Purchasing Division to procure landscape irrigation services.The
services will be used where irrigation equipment and/or lines are damaged by City work crews during
other construction, repair and installation projects on City owned/operated facilities, right-of-ways, storm
water channels, citizen's homes, and industrial areas.
In order to procure these services, staff issued an Invitation to Bid (ITB). ITB No. 22-0143 consisted of
detailed specifications outlining service expectations and performance. No guarantee was made that the
City would purchase specific quantities. This bid was advertised in the Fort Worth Star-Telegram on June
22, 2022, June 29, 2022, July 6, 2022 and July 13, 2022. The City received three (3) responses.
An evaluation panel consisting of representatives of the Water and Transportation and Public Works
departments reviewed and scored the submittals using Best Value criteria. The individuals scores were
averaged for each criteria and the final scores are listed in the table below.
Bidders Evaluation Criteria
a b c d Total Score Rank
North Texas
Hydromulch &
Landscape Services,
LLC
15.00 12.00 9.00 40.00 76.00 1
C.Green Scaping, LP 13.33 10.00 8.00 21.73 53.06 2
Lawn Patrol Service,
Inc. 14.17 10.67 9.00 0.00 33.84 3
City of Fort Worth, Texas
Mayor and Council Communication
Bed Value criteria:
a. Bidder’s qualifications and references related to the scope of work;
b. Bidder’s ability to meet the City’s timeframes requested in this bid;
c. Bidder’s ability to meet the City needs;
d. Cost of Service.
After evaluation, the panel concluded that North Texas Hydromulching and Landscape Services, LLC and
C.Green Scaping, LP presented the best value for the City. Therefore, the panel recommends that Council
authorize this agreement to North Texas Hydromulching and Landscape Services, LLC and C.Green
Scaping, LP. Based on the user department anticipated usage, staff recommends multiple non-exclusive
agreements be awarded to the listed vendors to ensure demands are met in a timely manner. Under these
non-exclusive agreements, departments will order services according to lowest cost and availability. Staff
certifies that the recommended vendors bid met specifications.
Due to market volatility caused by supply chain disruptions, it may be necessary to increase the total
compensation for each annual renewal term. Therefore, it is recommended that Council authorize a total
compensation increase for the renewal terms, if exercised, of 20\% each year. The total compensation for
the initial term of the contracts shall not exceed $146,000.00, $175,200.00 for the first renewal,
$210,240.00 for the second renewal, $252,288.00 for the third renewal, $302,746.00 for the fourth renewal
and $363,295.00 for the fifth renewal.
FUNDING: The maximum amount allowed under this agreement for the initial term will be $146,000.00,
however the actual amount used will be based on the need of the department and available budget. The
annual department allocation for this agreement is:
Department
Estimated
Annual
Amount
Account Name
Water $ 146,000.00 5330201 - Other Contractual Services
Funding is budgeted in the Water Department rollup within the Water and Sewer Fund.
DVIN-BE: A waiver of the goal for Business Equity subcontracting requirement is approved by the
DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods or services
is from sources where subcontracting or supplier opportunities are negligible.
ADMINISTRATIVE CHANGE ORDER: 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.
AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and
expire on September 30, 2022.
RENEWAL OPTIONS - The Agreement may be renewed for five (5) one-year renewal periods (October
1st to September 30th). This action does not require specific City Council approval provided that the City
Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as previously
appropriated, in the Water and Sewer Fund to support the approval of the above recommendation and
award of the agreement. Prior to any expenditure being incurred, the Water Department has the
responsibility to validate the availability of funds.
BQN\\
TO
Fund Department
ID Account Project
ID ProgramActivity Budget
Year
Reference # (Chartfield
2)Amount
FROM
Fund Department
ID Account Project
ID ProgramActivity Budget
Year
Reference # (Chartfield
2)Amount
Reginald Zeno (8517)
Dana Burghdoff (8018)
Anthony Rousseau (8338)
Christopher Harder (5020)
Cynthia Garcia (8525)
Maria Canoura (2526)
FUND IDENTIFIERS (FIDs):
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. 1295 - C.Green Scaping Certificate 100940095.pdf (CFW Internal)
2. 1295 - North Texas Hydromulch & Landscape Service.pdf (CFW Internal)
3. 13P 22-0143 LANDSCAPE IRRIGATION SERVICES MC WATER.docx (CFW Internal)
4. 22-0143 WAIVER landscapeIrrigationServices GV_signed.pdf (CFW Internal)
5. BU060 - FID_TABLE_FOR_IRRIGATION_SERVICES 8-1-22R.xlsx (CFW Internal)
6. SAMs - C.Green Scaping LP - not found.pdf (CFW Internal)
7. SAMs - North Texas Hydromulch & Landscape Services - not found.pdf (CFW Internal)
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