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HomeMy WebLinkAboutContract 50699 CITY SECRETARY CONTRACT NO, NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES AGREEMENT THIS NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"),a home-rule municipal corporation of the State of Texas,acting by and through its duly authorized representative, and LAWN PATROL SERVICE, a Texas INC, acting by and through its duly authorized representative("Contractor"). WHEREAS, City, through its Park and Recreation Department ("Park Department"), contracts for mowing and grounds maintenance services within the City; WHEREAS, through ITB No. 18-0145 the City solicited bids to award non-exclusive services agreements to multiple bidders for mowing and grounds maintenance services on an as-needed basis in the City with an aggregate amount of$800,358.00 for contracts awarded to the successful bidders; WHEREAS, Contractor was one of the successful bidders awarded a contract to provide non- exclusive mowing and grounds maintenance services to the City; WHEREAS,City and Contractor wish to set out terms of Contractor's non-exclusive mowing and grounds maintenance services; NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement,City and Contractor hereby agree as follows: SECTION 1 CONTRACT DOCUMENTS The contract documents shall include the following: 1. This Non-Exclusive Mowing and Grounds Maintenance Services Agreement 2. Exhibit A—Contract Specifications 3. Exhibit B—City of Fort Worth Bid Solicitation ITB No. 18-0145. 4. Exhibit C—Contractor's Response to City of Fort Worth ITB No. 18-0145. 5. Exhibit D—Insurance All Exhibits attached hereto are incorporated herein and are made a part of this Agreement for all purposes. In the event of any conflict between the Exhibits and the terms and conditions of this Agreement,this Agreement shall control. SECTION 2 SCOPE OF WORK 2.1 Contractor shall provide mowing and grounds maintenance services ("Services") to the City in accordance with the Contract Specifications set forth in Exhibit A, which is attached hereto and incorporated herein for all purposes. PM 2.2 Contractor understands and agrees that the City will award non-exclusive purchase agreements to multiple bidders for mowing and grounds maintenance services as outlined in City of Fort Worth Bid Solicitation ITB No. ed hereto as p, 9.4� C� Exhibit B, and incorporated herein for all purpose .4Ctr�6tpr�Lw erstands that � o� �G G Ai. 1iO rl- 00° CITY 30CRETARY or � J -Exclusive Contract Mowing and Grounds Maintenance Services Agreement Page 1 ol'27 1 Lc g'�' FT.WORTH, ][ the aggregate amount of all contracts awarded to multiple contractors under ITB No. 18- 0145 shall be in the amount of$800,358.00,and the City makes no promise or guarantee of the total amount of work that will be assigned to Contractor under this Agreement. Contractor's Response to City of Fort Worth ITB No. 18-0145{"Contractor's Response"} is attached hereto as Exhibit C,and incorporate herein for all purposes. 2.3 The City shall issue a written work order establishing the locations,schedule, and fee to be paid to the Contractor for each Project Area to be completed by Contractor("Work Order"). Contractor shall perform the Services in accordance with each Work Order issued by the City. The City may issue an amended Work Order to address any changes in the work to be performed after a Work Order has been issued. Except as otherwise specified in this Agreement,the fee established in each Work Order shall be based upon the prices submitted by Contractor in Contractor's Response. SECTION 3 TERM OF AGREEMENT 3.1 Term. The term of this Agreement shall begin on April 23, 2018 and expire on April 22, 2019, unless terminated earlier in accordance with the provisions of this Agreement.This Agreement may be renewed for four additional four-year periods upon written agreement of the City and Contractor. SEC'T'ION 4 INVOICES AND PAYMENT 4.1 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. 4.2 Contractor shall submit type written or computer printed invoices to the City which include the Contractor's name, address and telephone number, and identify the service location,the agreed price for the Project Area contained in the Work Order,and the City's issued purchase order and release number. Contractor shall submit all invoices to the City within two(2)weeks of completing the work. 4.3 Contractor shall submit all invoices to: Operations Contract Management Attention:Contract Mowing Park and Recreation Department City of Fort Worth 4200 South Freeway,Suite 2200 Fort Worth,TX 76115 CF W M ow ing�7a,FortW orthTexas.gov 4.4 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 Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 2 of 27 dates for each mowing Cycle. The City shall notify Contractor of any error in an invoice no later than the 21`day after the date the City receive the invoice. SECTION 5 LIABILITY AND INDEMNIFICATION 5.1 CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY, OF ANY KIND OR CHARACTER,WHETHER REAL OR ASSERTED,TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF CONTRACTOR, OR ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, CONTRACTORS, EMPLOYEES, PATRONS, GUESTS, INVITEES, OR PROGRAM PARTICIPANTS. CONTRACTOR HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, INCLUDING,BUT NOT LIMITED TO,PROPERTY DAMAGE AND LOSS AND PERSONAL INJURY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE SERVICES PERFORMED BY CONTRACTOR UNDER THIS AGREEMENT. 5.2 INDEMNIFICATION —CONTRACTOR, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, PROTECT, AND HOLD HARMLESS CITY AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS EMPLOYEES, AND SERVANTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES(INCLUDING,BUT NOT LIMITED TO,COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE SERVICES PERFORMED UNDER THIS AGREEMENT BY CONTRACTOR OR ANY OF ITS OFFICERS, REPRESENTATIVES,AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS; (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON THE PART OF CONTRACTOR OR ANY OF ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS; OR (3) BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF CONTRACTOR UNDER THIS AGREEMENT(COLLECTIVELY, "LIABILITIES"). 5.3 If any action or proceeding shall be brought by or against the City in connection with any such liability or claim, Contractor, on notice from City, shall defend such action or proceeding at Contractor's expense, by or through attorneys reasonably satisfactory to City. 5.4 Ct is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligations under this Section, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations,and as so modified, the indemnification obligation shall continue in full force and effect. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 3 of 27 5.5 Contractor agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury,death,or damages related to Services performed under this Agreement. Contractor agrees to make its officers,representatives,agents,and employees available to City,at all reasonable times,for any statements and case preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder. SECTION 5 INSURANCE RE UIREMENTS 6.1 Contractor shall abide by the insurance requirements set forth in Exhibit D, which is attached hereto and incorporated herein for all purposes. SECTION 7 AUDIT 7.1 Contractor agrees that the City shall, until the expiration of three (3) years after the termination or expiration of this Agreement,have access to and the right to examine any directly pertinent books, documents, papers, and records of Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Contractor reasonable advance notice of intended audits. 7.2 Contractor further agrees to include in any contractor and subcontractor agreements hereunder a provision to the effect that the contractor and subcontractors agree that the City shall, until the expiration of three(3)years after the expiration or termination of the contract or subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of such contractor or subcontractor involving transactions of the contract or subcontract,and further that City shall have access during normal working hours to all contractor and subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give the contractor and subcontractor reasonable advance notice of intended audits. SECTION 8 TERMINATION 8.1 Termination forConvenience. This Agreement may be terminated without cause by the City upon delivery of written notice to Contractor. This Agreement may be terminated without cause by the Contractor thirty(30)days after delivery to the City of written notice of such intent to terminate. 8.2 Termination for Cause.Unless stated elsewhere in this Agreement,Contractor shall be in default under this Agreement if Contractor breaches any term or condition of this Agreement and such breach remains uncured after ten(1 Q)calendar days following receipt of written notice from the City referencing this Agreement. 8.3 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason,at any time during the term of the Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement,the City may terminate the portion of the Agreement regarding such obligations to be effective on the Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreernent 4 of 27 iaterof(i)ninety(90)calendar days following delivery by the City to Agreement of written notice of the City's intention to terminate or(ii)the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 8.4 Other Remedies. Any termination of this Agreement as provided in this Agreement will not relieve Contractor from paying any sum or sums due and payable to City under this Agreement that remains unpaid and due at the time of termination, or any claim for damages then or previously accruing against Contractor under this Agreement. Any such termination will not prevent City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law,or from recovering damages from Contractor for any default under the Agreement. All City's rights,options,and remedies under this Agreement will be construed to be cumulative,and not one of them is exclusive of the other. City may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Agreement. No such termination shall relieve City from any obligation it may have to Contractor hereunder and City may pursue any and all rights and remedies or relief provided by law, whether or not stated in this Agreement. SECTION 9 LICENSES AND PERMITS 9.1 Contractor shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for its operations. SECTION 10 NOTICES 10.1 All notices required or permitted under this Agreement may be given to a party personally or by mail,addressed to such party at the address stated below or to such other address as one party may from time to time notify the other in writing.Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: CONTRACTOR: City of Fort Worth Lawn Patrol Service,Inc. Park and Recreation Director PO Box 330895 4200 South Freeway,Suite 22GO Fort Worth,TX 76163 Fort Worth,Texas 76115 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth,Texas 76102 Or to such other address as such party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. SECTION 11 NONDISCRIMINATION 11.1 Contractor shall not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 5 of 27 orientation or any other prohibited criteria in any employment decisions relating to this Agreement, and Contractor represents and warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall comply with all applicable laws and regulations in any employment decisions. SECTION 12 VENUE AND CHOICE OF LAW 12.1 Contractor and City agree that this Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement,venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas—Fort Worth Division. SECTION 13 THIRD-PARTY RIGHTS AND ASSIGNMENTS 13.1 The provisions and conditions of this Agreement are solely for the benefit of the City and Contractor,and any lawful assign or successor of Contractor,and are not intended to create any rights,contractual or otherwise,to any other person or entity. 13.2 Contractor agrees that it will not subcontract or assign all or any part of its rights,privileges or duties hereunder without the prior written consent of the City, and any attempted subcontract or assignment of same without such prior consent of the City shall be void. SECTION 14 BINDING COVENANTS 14.1 Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereunder are declared to be for the benefit of and binding on their respective successors,representatives and permitted assigns, if any. SECTION 15 INDEPENDENT CONTRACTOR I5.1 It is expressly understood and agreed that Contractor and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Contractor and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that the City shall in no way be considered a Co-employer or a Joint employer of Contractor or any employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers of Contractor. Neither Contractor, nor any officers, agents, servants, employees or subcontractors of Contractor shall be entitled to any employment benefits from the City. Contractor shall be responsible and liable for any and all payment and Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 6 of 27 reporting of taxes on behalf of itself, and any of employees, representative, agents, servants,officers,contractors,subcontractors,and volunteers. SECTION 16 AMENDMENTS CAPTIONS AND INTERPRETATION 16.1 Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may not be modified or amended except upon execution of a written amendment to this Agreement executed by the Assistant City Manager and Contractor and filed with the City Secretary's Office. 15.2 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 15.3 In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party,regardless of the actual drafter of this Agreement. SECTION 17 GOVERNMENTAL POWERS AND IMMUNITIES 17.1 It is understood that by execution of this Agreement,the City does not waive or surrender any of its governmental powers or immunities. SECTION 18 AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES 18.1 By executing this Agreement, Contractor's agent affirms that he or she is authorized by Contractor or its general partner to execute this Agreement and that all representations made herein with regard to Contractor's identity, address, and legal status are true and correct. 18.2 This Agreement may be executed in several counterparts,each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. SECTION 19 SEVERABILITY AND NO WAIVER 19.1 It is agreed that in the event any covenant,condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision does not materially prejudice either Contractor or City in connection with the right and obligations contained in the valid covenants,conditions or provisions of this Agreement. 19.2 The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 7 of 27 SECTION 24 COMPLIANCE WITH LAWS 20.1 This Agreement is subject to all applicable federal,state and local laws,ordinances,rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances,as amended. 20.2 If City notifies Contractor or any of its officers, agents, employees, contractors, or subcontractors,of any violation of such laws,ordinances,rules or regulations,Contractor shall immediately desist from and correct the violation. SECTION 21 SOLE AGREEMENT 21.1 This Agreement, including any exhibits attached hereto and any documents incorporated herein,contains the entire understanding and agreement between the City and Contractor, and any lawful assign and successor of Contractor,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. SECTION 22 PROHIBITION ON BOYCOTTING ISRAEL 22.1 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor. (I)does not boycott Israel,and{Z} will not boycott Israel during the term of the contract. SECTION 23 IMMIGRATION NATIONALITY ACT 23.1 Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form(I-9). Upon request by City,Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor,shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 8 of 27 (SIGNATURES DIY FOLLOWING PAGE) Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 9 of 27 - f FN WITNESS WHEREOF the parties havc executed this Agreement in multiples in Tarrant County,Texas. EXECUTED to be effective on the date set Forth in Section 2. CITY OF FORT WORTH CONTRACTOR ` bPLuj 4�af�t3 St e�v� Cet S I Fernando Costa Raine: Assistant City Manager Tide: . pw�s, Recommended. R hard Zavala,Director P k and Recreation Department APPROVED AS TO FORM AND LEGALITY: Richard A.McCracken Assistant City Attorney ATTEST: OF F D ]• �.Jk -Mary Kayser City S.ecre ° mc: Q- fZl9 �XAS Date: 't In 1 Form 1295: Z0116 -S3 alt? Contract Complianee Manager: By signing, I acknowledge that 1 am the person respansible for the monitoring and administration of this contract,including all OIFFICIN.RECORD performance and reporting requirements. CITY SECRETARY �. FT.WORTH,Tx Name:Z;oe-1,01-a-.0- Title. taTitle. C cmf� ��..Lra/ -c.6 Non,Exclusivc Contract Mowing and Grounds MaWrnance Services Agr:ccment lU or�7 EXHIBIT A CONTRACT SPECIFICATIONS I. SCOPE OF WORK The Services shall consist of specific grounds maintenance activities at specified parks, community centers, boulevards, medians, traffic islands,and other City properties within each Project Area,as required by an established Maintenance Schedule.The Contractor is responsible for mowing all areas, removing all trash and litter from each Project Area, edging all curbs and sidewalks,and trimming all turf along pavement(including expansion cracks extending two (2) feet onto the pavement, curbs,on or around signs, posts, guard rails,sidewalks,and other obstacles). II. DEFINITIONS The Following terms as used in this Agreement shall have the meanings assigned to them: 1. Call Back. —When a Contractor is requested to return to a Project Area to correct Incomplete Work. 2. Chemical Trimming — 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. 3. Clumped Crass Cuttings — Any accumulation of cut grass that, on the day of mowing,exceeds six(5)inches in height.These clumps are typically found in areas where mowing equipment has turned, reversing directions. 4. Contract Manager — The duly authorized representative of the Park and Recreation Department,who shall monitor the Contractor's performance. 5. Cycle—Each time period in the mowing schedule for the mowing season. Each time period is defined by a beginning and ending date,during which all prescribed maintenance activities for each Project Area shall be completed. d. Inclement Weather—Any 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 safely or in a manner that will not rut up or cause any damage to the turf. 7. Incomplete Work—The failure of Contractor to perform the Services in accordance with this Agreement. 8. Maintenance Schedule— The time periods established by the City for the mowing season within which all prescribed maintenance activities for each area shall be completed. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 1 I of 27 9. Mowing Height—The setting of mowing equipment to cut grass to a height of two (2) inches for project areas designated for 7-or 14-day mowing Cycles,to a height of three (3)inches for project areas designated for 2 l-,or more,day mowing Cycles,oras specified by the Contract Manager. 10. Mowing Map—A geographical map or images showing designated areas where mowing should occur for each Project Area. 11. Mowing Season — The time period typically beginning in March and ending in late November as determined annually by the Park and Recreation Department. Note: Typically the mowing season will begin when high grass and weeds begin and the mowing season will end the latter part of November or after the first hard freeze. 12. Non-Mow Area — An area of land designated for wildflowers, flowers or natural regeneration of native grasses. 13. Ozone Action Days - The period from May 1st through October 31st (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 TX DDT highway information boards. 14. Project Area--The specific geographic area(s)of the City designated to receive specific grounds maintenance services. 15. Trash and Litter—Any debris within a Project Area including, but not limited to, paper, plastic,cans,bottles(including broken glass),cardboard,rags,bottle tops,tires,limbs and branches 4 inches or smaller in diameter, rocks, and other similar solid materials and foreign debris which is not intended to be present as part of the landscape.This is inclusive of the entire Project Area, including streets, sidewalks, curbs, hillsides, ditches, creeks, etc. In accordance with City Ordinance,garage sate signs found in median areas are also considered Trash and Litter. III. EQUIPMENT 1. Contractor shall have available all necessary equipment and materials upon arrival at a Project Area to perform the Services in this Agreement. 2. All equipment shall be in good repair at all times and be operated by responsible employees. 3. Contractor shall maintain sharp blades on all mowing equipment to cleanly cut, not tear, the blades of grass. 4. Contractor shall not store equipment on property owned by the City. Contractor shall remove all equipment from each Project Area immediately after completing the mowing and grounds maintenance. IV. GROUNDS MAINTENANCE AND TRIMMING 1. Contractor shall remove Trash and Litter,mow,edge,and trim every 7, 14,21,28,or 42 days during the Mowing Season,as specified in the Work Order. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 12 of 27 2. Contractor shall remove all Trash and Litter from the entire Project Area,prior to initiating any mowing. Failure to remove Trash and Litter prior to mowing will result in the Contractor being required to return to the site and remove all new Trash and Litter,as well as all Trash and Litter that was mowed over. Any paper,cans, or bottles (cut or broken) found during maintenance operations shall be completely removed from the Project Area immediately prior to proceeding with the maintenance of other areas.All Trash and Litter shall be disposed of by the Contractor at an off-site location procured by the Contractor at his/her sole expense. Contractor shall remove all garage sale signs and sales signs that are located in median or right of way areas. 3. Any areas that have been mowed must have Trash and Litter removed the same day the mowing occurs and mowed grass shall be blown or swept off of all curbs, gutters, sidewalks,trails,and other hard surfaces. 4. Contractor shall report any illegal dumping, no later than the next business day after its discovery,to the Contract Manager. 5. All grass shall be cut at the proper Mowing Height. The Contract Manager may make changes in the Mowing Height requirements. 6. Mowing below the proper Mowing Heights may result in scalping. The City may terminate this Agreement for Contractor's failure to mow at the proper Mowing Height. Contractor shall pay all costs to repair damage caused by improper Mowing Heights. 7. Upon completion, a mowed Project Area shall be free of Clumped Grass Clippings, windrows,and tire/track ruts from equipment.Turf shall be cut in a manner as to not scalp turf or leave areas of uncut grass. 8. Removal of cut grass from turf areas will not be required, unless otherwise specified by the Contract Manager.Care shall be taken to prevent discharge of grass clippings onto any surface, such as streets, curbs, gutters, parking lots, sidewalks, concrete pads, creeks, lakes, ponds,or adjacent properties- 9. Any materials discharged shall be removed prior to leaving the Project Area. 10. All structures,trees,poles,tables,signs,fences,and shrub beds,are to be trimmed closely, where applicable. All trimming must be completed on the same day as all mowing operations. Special care shall be taken when trimming around trees, as to not inflict damage to the bark of trees. It. Trim guards should be used on line trimmers when working around trees and ornamental shrubs.All trimming shall be accomplished maintaining the required Mowing Height. 12. Trimming can be reduced by chemical edging,with prior written approval of the Contract Manager. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreernenl 13 of 27 13. Chemical trimming will not be acceptable for the edging of curbs or concrete sidewalks or trails. Chemical trimming for the edging to 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. 14. All vegetation in cracks, seams, and joints of paved areas such as sidewalks, medians, curbs, gutters (two (2) feet out from the curb), and driveways shall be cut down to the pavement surface during the completion of each mowing Cycle,where applicable. 15. Tennis courts and basketball hardstands shall be maintained free of all weeds and unwanted growth. The use of herbicides to control such growth is permitted, with prior written approval of the Contract Manager and in accordance with all applicable state laws and regulations. I6. Dead grass should be removed after any herbicide application. 17. 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. Contractor, or hislher representative, must have a copy of their pesticide license on file with the Park and Recreation Department Prior to the use of any herbicide. Is. Contractor will receive Mowing Maps and Work Orders outlining Non-Mow Areas. Contractor shall be responsible for informing Contractor's agents and employees of Non- Mow Areas. Contractor shall be responsible for damages to Non-Mow Areas caused by Contractor's agents or employees. 19. Contractor shall use reasonable care to avoid damaging buildings, equipment (including but not limited to irrigation heads and valve boxes), or vegetation on City or any other public or private property. 20. The Contractor shall assess the Project Area to be mowed, prior to starting, and make necessary adjustments to mowing methods in order to avoid cutting or damaging irrigation heads. 21. If the Contractor's failure to use reasonable care causes damage to any property, the Contractor shall replace or repair the damage, within 72 hours of notification, at no expense to the City. if the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost,which may be deducted from payments made to the Contractor, 22. Contractors are not to use any motorized equipment between b A.M. and 10 A.M. on Ozone Action Days,unless the equipment uses propane,diesel,or compressed natural gas as a fuel source,or meets California Air Resources Board(CARS)revision#2 standards, V. BLOWING OF GRASSIDEBRIS Chapter 12.5,Section 12.5-302,subsection(a)of the City Code provides that a person commits an offense if the person introduces or causes to be introduced into the MS4(Municipal Separate Storm Sewer System) any discharge that is not composed entirely of storm water. Contractor shall not Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 14 of27 blow grass clippings and other debris into creeks,lakes,ponds,or the adjoining street or roadway, or against fence lines. Mowing should be accomplished by discharging grass away from streets, parking lots,or other roadways.Any grass clippings deposited onto the sidewalk,fence line,gutter, or roadway, must be removed. Sidewalks, gutters, and roadways must be clean or have the appearance of being swept. V1. EDGING Edging of sidewalks,driveways,and curbs,shall be accomplished so that grass and weeds neither extend over the edge of the walks,trails,drives,or curbs more than '/a inch,nor cut back from the edge of walks, trails, drives, or curbs more than 114 inch. All concrete sidewalks, trails, curbs, walking paths, and steps must be mechanically edged, exposing the concrete surface. The Contractor may use a disc edger on a mower or similar device to edge the median as long as the produced edge meets the standard set forth in this section.All materials dislodged by edging shall be removed from the site or blown back onto grass areas,as to leave a clean appearance.Concrete sidewalks shall be edged on both sides. Vlll. TREES AND SHRUBS No pruning of any tree shall be permitted, unless specified otherwise in this Agreement. Broken limbs or tree debris,along with any trash or litter,shall be removed from ornamental flower and planting beds, as well as from the entire Project Area during each mowing Cycle. Mulch rings shall be reshaped prior to leaving a Project Area when dislodged by mowing equipment. Failure to replace damaged trees shall be considered a breach of this Agreement and the Contractor shall be assessed for damages.Slight or moderate damages to trees will result in assessment of damages. VCII. ASSESSMENT OF DAMAGES FOR DAMAGE TO TREES I. The Contractor will check trees in the Project Area before work begins and report any damage to trees to the Contract Manager. 2. The Contract Manager will conduct random checks of the trees during the Term of the Agreement. 3. A check of all trees may be made by the City prior to the end of the Term or Renewal Term.City Forester,Contract Manager,and Contractor shall attend the inspection. 4. Damages shall be documented by memo to the City Forester with a copy to the contract file and the Contractor. 5. The Contractor may have the option of replacement or payment for severely damaged trees at a location to be designated by the Park and Recreation Department. Replacement shall be made on caliper inch per caliper inch basis,with a minimum size replacement tree of 2 inch in caliper. The Contractor shall be responsible for the planting, watering, mulching, and maintenance of replacement trees for a period not less than two years. G. Any tree that does not survive the two year established period shall be compensated for by the Contractor to the Park and Recreation Department at a rate of$204.40 per caliper inch. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 15 of 27 7. Damages shall be assessed at a rate of. $100.00 for each instance of slight damage to the tree(s),this is damage that may heal,examples include, but are not limited to,scaling of the trunk into the cambial layer%"to 2"in width, but less than 113 trunk circumference, or breaking of limbs less than 2" in diameter, or limbs less than 113 trunk caliper, whichever is less; $300.00 for each instance of moderate damage to the trees),which in the opinion of the City Forester contribute to the poor health and reduced longevity of the tree, examples include, but are not limited to, scaling of the trunk into the cambial layer greater than 2" but less than 113 of the trunk circumference, or breaking of limbs more than 2"in diameter but less than 113 caliper.Severe damage or removal of trees is subject to the payment of damages in the amount 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,scarring of the trunk to the cambial layer greater than 113 trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch greater than 113 trunk caliper.Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back according to the ANSI standards.Trees greater than 5"in caliper shall be measured using diameter at breast height(DBH). In addition to any penalties or damages assessed by the Park and Recreation Department,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 removed due to damage caused by the Contractor shall be removed by the Forestry Section Tree Removal Contractor at the Mowing Contractor's expense. 8. Failure to replace or pay for damaged trees shall result in a breach of contract and the Contractor will be automatically assessed damages.Damages as described herein shall be deducted from payments otherwise due to the Contractor. IX. FOUNTAIN FEATURES AND SWIMMING POOLS 1. Edging shall be done in such a manner as to keep clippings out of water features. All clippings and trash must be removed from water features. 2. Maintenance at all fountain features will require turf areas to be mowed with grass catching equipment.If the Contractor fails to use grass catching equipment,the Contractor shall pay to the City the costs incurred by the City to clean up the site,including City staff time. The City may deduct these costs from any payments to the Contractor. X. PONDS,LAKES,AND CREEKS 1. The Contractor will use care when mowing or edging around lakes, ponds, and creeks. Grass must be directed away from water,but does not have to be caught or removed from the area. 2. The Contractor shall pay to the City the costs incurred by the City to remove grass from ponds, lakes and creeks,including City staff time.The City may deduct these costs from payments to the Contractor Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 16 of 27 XL FENCES 1. The Contractor will use care when mowing or edging around fences.This includes metal, wood or other material fence. Grass must be directed away from fence,but does not have to be caught or removed from the Project Area. 2. The Contractor will check fences in the Project Area before contract work begins. Any damage Contractor discovers shall be documented and reported to the Contract Manager by the Contractor. 3. The Contract Manager will conduct random checks of the fences during the contract period. 4. Damages shall be documented by memo to the Contract Manager with a copy to the contract file and the Contractor. 5. The Contractor may have the option of replacement or payment for severely damaged fences as determined in cooperation with Risk Management, Contract Manager and the fence owner. XII. HAZARDOUS CONDITIONS The Contractor is required to notify the Contract Manager immediately of any hazardous conditions and/or damage to City property. XIII. HARD SURFACE MEDIANS End caps or traffic islands within or adjacent to the Project Area, which are not specifically identified in these specifications,shall be deemed to be a part of the Project Area where Contractor shall perform Services. XIV. CONCURRENT CONTRACTS In the event that any one Contractor is awarded contracts for mowing more than one Project Area, the Contractor shall proceed with work simultaneously in all areas awarded. XV. SUPERVISION OF WORK CREW Contractor 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. XVI. STREET USE PERMIT I. The Contractor will be required to obtain a "Street Use Permit" prior to starting work. Contact Parkway Services Division_ 200 Texas Street, Fort Worth TX 76102(817) 392- 6594 for inquiries regarding permit. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 17of27 2. The Contractor shall be responsible for providing traffic control while performing Services in accordance with this Agreement, consistent with the provisions set forth in the latest edition of the "Texas Manual on Uniform Traffic Control Devices" and the Texas Transportation Code. 3. The Contractor will not remove any regulatory sign, instructional sign,street name sign, or other sign which has been erected by the City. XVII. WORK ORDERS 1. A Work Order shall consist of a written document, specifying the type of work, Contractor's name,Project Area,maintenance Cycle,beginning and end dates,price to be paid by the City and comments. 2. The Contractor shall not begin work on the Project Area until a Work Order is received by the Contractor from the City. 3. Failure to obtain a Work Order prior to beginning a maintenance Cycle may result in non- payment for work performed. 4. Electronic Work Orders -- The City may utilize electronic work orders. ALL CONTRACTORS MUST HAVE THE TECHNOLOGICAL CAPABILITY TO USE THE CITY'S ELECTRONIC WORK ORDER SYSTEM. Contractors will be required to have high-speed access to the Internet in order to receive Work Orders and submit proof of compliance with Work Orders,including photographs of completed work. Minimum specifications required for electronic Work Orders are: a. Digital cameras capable of at least 1 mega-pixel with image resolution of 1280 x 1224 that adds date stamp on the face of the picture. b. A high capacity color printer capable of 200 imprints with map image per day. C. WIRELESS READY- The ability to accept Work Orders and send completed Work Orders from a mobile wireless device,laptop, or other similar equipment. i. Work Orders will be provided to Contractor{s} electronically via the Internet, and the City will receive completed Work Orders from the Contractor,with all required documentation,in the same manner. ii. Contractors will be responsible for ensuring and maintaining compatibility with the City's system. iii. The City reserves the right to accept or deny completed Work Orders that are submitted by any other means. d. CELL PHONE REQUIREMENTS L Contractor shall have an Android or iPhone cellular telephone. ii. All cellular telephones used for contracted mowing shall have: Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 18 of 27 a. An active internet and data plan able to support up to 10 gigabytes of data per month; b. An Android 8 or IOs 11,or better,operating system; C. A camera that can take pictures at 12 megapixels and up; and d. A storage capacity of 128 gigabits or more. C. Training—Contractor shall attend mandatory training as scheduled by Contract Manager for the electronic Work Order system. XVIII, SCHEDULING 1. SCHEDULES a. The Contractor shall submit a written Maintenance Schedule for each Project Area Prior to the end of the first mowing Cycle. The City of Fort Worth has the right to require the Maintenance Schedule to be submitted electronically, including through an electronic Work Order system utilized by the City, or by a City approved cell phone application. b. Upon approval by the Contract Manager, the Contractor shall comply with the written Maintenance Schedule throughout the mowing season.The next mowing Cycle Work Order will not be issued until a new written Maintenance Schedule is received for the next mowing Cycle in accordance with subsection a. C. If the Contractor expects to vary from the schedule,the Contractor shall notify the Contract Manager of the variation in advance and specify an alternate Maintenance Schedule.Alternate Maintenance Schedules are subject to approval by the Contract Manager. 2. CHANGES IN SCHEDULES a. The Contract Manager has the authority to alter, cancel, or reassign to another Contractor scheduled mowing Cycles on a week-to-week basis.The changes will be based upon need, weather conditions, and available funding. The Contractor will be notified by email of such changes. b. The City reserves the right to perform grounds maintenance operations during cancelled or altered Cycles. C. The Contract Manager may change the frequency of grounds maintenance Cycles based on maintenance needs. 3. COMPLETION SHEETS a. The Contractor must use the most recent format or version of the completion sheet provided by the Contractor Manager at all times. The Contractor will submit daily Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 19 of 27 completions using the new electronic work order system upon implementation by the City. b. The Contractor shall submit each day's completions that are ready for inspection within the first regular work day after the maintenance is completed. C. Failure to submit an approved version of the completion sheet or obtain approval for any delay from the assigned Contract Manager on the next regular work day after work is completed will result in the Contractor not being paid for the work performed. XIX. PERFORMANCE 1. Upon issuance of a Work Order,the Contractor shall begin work and shall proceed with all reasonable dispatch to complete it.The Contractor shall maintain the same schedule as the one submitted to the Contract Manager at the beginning of the Mowing Season. 2. The Contractor will be required to maintain all Project Areas assigned during the maintenance Cycles. 3. Inclement Weather may result in the cancellation of a mowing Cycle only if the Contract Manager determines that there was an insufficient time period available during the mowing Cycle for the Services to be performed. Contractor shall not be paid for any cancelled mowing Cycle. 4. The Contractor may be required to return to maintain specific locations due to Incomplete Work. Any such Call Back must be completed within three (3) calendar days of the request. Failure to complete work identified in the Call Back will result in non-payment for the Incomplete Work. 5. Contractors performing a Call Back within 3 calendar days must complete all items deemed unacceptable in the first inspection of the original scheduled mow. Failure to do so will result in non-payment for Incomplete Work. 6. Contractor will ONLY be paid for work actually completed during the established mowing Cycle,unless due to weather or other valid reason which the Contract Manager has granted an extension to the scheduled mowing Cycle. 7. Failure to complete work in accordance with the approved schedule, Call Back and/or submitted completion sheets within the required timeframes may result in Contractor paying to the City the City's cost in correcting the work or termination of the Agreement. 8. If the City determines that the work is not acceptable and the issue is not resolved within three(3)calendar days of the City's request to correct the work,the City has the right to reassign the work to another contractor or perform the work with City personnel. Should the work be assigned to another contractor or completed by City personnel,the Contractor shall pay to the City the City's cost for paying another contractor to perform the work or for City staff to perform the work.Such amounts may be deducted from any invoices paid by the City to Contractor. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 20 of 27 XX. PHOTOGRAPHIC EVIDENCE I. The Contractor is responsible for providing before and after photographic evidence of all Project Areas completed. Upon implementation of an electronic Work Order system by the City,the photographs must be submitted through the electronic Work Order system. 2. All photographs must be time and date stamped. 3. Inspection reports documenting Incomplete Work or poor performance will have photographic evidence attached. The Contractor's response will include photos of the precise location of the corrected work, framed with the same background as the original inspection photograph. 4. Failure to provide photographic evidence upon request will result in non-payment for the service location until proper photographic evidence is submitted to the City. XXI. POINT OF CONTACT I. For accessibility,the Contractor shall designate at least one(1)person as Point of Contact with a current office phone number or cell phone number and an E-mail address. 2. The Contractor's Point of Contact shall respond to calls, voicemails, and E-mails within one(1)hour during normal business hours. 3. The person designated as the Point of Contact shall be identified in the bid submittals. 4. Notification of any changes in contactor's contact number or personnel shall be emailed to Cf�WMowin r aFortWorth'l'exas.�-,ov or hand delivered to the Contract Manager within 3 business days of the change. XXII. ON-CALL MOWING To keep the quality of mowing in the City of Fort Worth at a sufficient level, and to address the failure of mowing contractors to perform adequately,the City will have areas needing complete or spot mowing on an individual or reoccurring basis. In order to provide mowing contractors with additional work, the City will provide selected contractors the opportunity to take on these additional projects. 1. The City may request Contractor to mow on-call mowing areas at pricing equivalent to comparable areas in Contractor's awarded contract or prices submitted by Contractor in the bid solicitation. 2. Contract Manager will approve contractor's submitted price for the job before work begins. 3. Pricing exceeding Contractor's comparable Project Areas or solicitation pricing must be approved by the Contract Manager. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 21 of 27 4. Contractor has the right to decline or accept On-Call Mowing work. 5. In the event the Contractor accepts the On-Call Mowing work,Contractor will be issued a Work Order for the On-CalI area identifying the work to be performed,the number of times performance is required and the agreed upon price. b. No one contractor is granted exclusive rights to On-Call Mowing projects or have first rights of refusal in the event service is requested again. 7. Contractors cannot fail to perform on their currently contracted mow Cycle in order to perform On-Call Mowing projects. 8. Should a scheduling conflict arise between the On-Call project and a previously contracted mow area,contractor must notify Contract Manager immediately and decline the On-Call proj ect_ XXIII. MEETINGS Contactor will attend mandatory informational meetings scheduled by Contract Manager to support City of Fort Worth mowing initiatives. Non-Exclusive Contract Mowing and Grounds Maintenanec Services Agreement 22 of27 EXHIBIT B CITY OF FORT WORTH BID SOLICITATION{ITBIRFP NO. Rion-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 23 of 27 EXHIBIT C CONTRACTOR'S RESPONSE TO CITY OF FORT WORTH ITBIRFP NO. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 24 of27 EXHIBIT D INSURANCE 1. The Contractor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement. The Contractor shall file with the City of Fort Worth Purchasing Division, prior to the commencement of services, a certificate of insurance documenting the following required insurance 1.1 Failure to provide such information within five(5)calendar days of a request by the City may be grounds for termination of the Agreement. 2. Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City.In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage,and the City desires the Contractor to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 3. Statutory Workers'Compensation Insurance and Employer's Liability Insurance at the following limits: $100,000 Each Accident $500,000 Disease—Policy limit $100,000 Disease—Each Employee This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers'Compensation Act(Art.8308—1.01 et seq.Tex.Rev.Civ. Stat.)and minimum policy limits for Employers' Liability of$100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and$100,000 per disease per employee. 4. Commercial General Liability Insurance including Explosion, Collapse, and Underground Coverage shall be provided as follows: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Coverage shall include but not be limited to the following: premisesloperations, independent Contractors, products/completed operations, personal injury,and contractual liability. Insurance shall be provided on an occurrence basis,and as comprehensive as the current Insurance Services Office(ISD)policy. 5. Auto Liability Insurance shall be provided as follows: $1,000,000 Combined Single Limit Each Accident A commercial business policy shall provide coverage on"Any Auto",defined as autos owned, hired and non-owned. 6. The Contractor shall furnish the Purchasing Manager a certificate of insurance documenting the required insurance prior to the commencement of Services. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 25 of 27 7. At each renewal period, Contractor shall furnish the Purchasing Manager and the Contract Manager, with a current certificate of insurance documenting the required insurance within ten (10)days after accepting the renewal. 8. Policies shall be endorsed to provide the City of Fort Worth a thirty- (30) day notice of cancellation,material change in coverage,or non-renewal of coverage. 9. Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear(ATIMA). la. ADDITIONAL INSURANCE REQUIREMENTS 10.1 The City, its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. 10.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be received before Contractor can begin work. Failure to supply and maintain such insurance shall be a breach of contract. Contractor shall provide complete copies of all insurance policies required by this Agreement.Certificates of insurance must be supplied to: Financial Management Services Department Attention:Purchasing Division Bid No. 200 Texas Street Fort Worth,Texas 76102 10.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the City a minimum 30 days' notice of cancellation, non- renewal,and/or material change in policy terms or coverage. A ten(10)day notice shall be acceptable in the event of non-payment of premium. 10.4 Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency. 10.5 Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 10.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. 10.7 Workers'compensation insurance policy(s)covering employees of the Contractor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 10.8 City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 10.9 Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 264€27 10,10 While the Agreement is in effect, Contractor shall report, in a timely manner, to the Purchasing Division any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. 10.11 Contractor's liability shall not be limited to the specified amounts of insurance required herein. Non-Exclusive Can tract Mowing and Grounds Maintenance Services Agreement 27 of 27 Offrriai site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoR`^� RIII COUNCIL ACTION: Approved on 4/17/2018 DATE: 4/17/2018 REFERENCE **P-12190 LOG NAME: 13P18--0145 GROUNDS NO.: MAINTENANCE JC PACSD CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Non-Exclusive Agreements with Scott Landscape Maintenance, Inc., Abescape Group LLC, Greener Pastures Landscape, Inc., and Lawn Patrol Service, Inc., for Grounds Maintenance and Mowing Services for Parks, Libraries, Community Centers, and Other City Facilities in an Annual Amount Up to $800,358.00 and Authorize Four Annual Renewal Options for All City Departments(ALL COUNCIL DISTRICTS) --- -.-........-. W _.� .....-. _..-.._..__.. ..-....- __......-.- - - RECOMMENDATION: It is recommended that the City Council authorize execution of non-exclusive Agreements with Scott Landscape Maintenance, Inc., Abescape Group LLC, Greener Pastures Landscape, Inc., and Lawn Patrol Service, Inc., for grounds maintenance and mowing services for Parks, Libraries, Community Centers, and other City facilities in an annual amount up to $800,358.00 and authorize four annual renewal options for all City Departments. DISCUSSION: The Park and Recreation Department approached the Purchasing Division to finalize annual Agreements for grounds maintenance and mowing services throughout the City of Fort Worth. In order to procure these services, Staff issued an Invitation to Bid (ITB) to 278 related vendors. The ITB consisted of detailed specifications listing the frequency, quality, and type of mowing and grounds maintenance to be performed at each location. The Bid was advertised in the Fort Worth Star-Tel ram on February 7, 2018, February 14, 2018, February 21, 2018, and March 7, 2018. The City received four bids. See attached Bid Tabulation. Staff recommends awarding one-year, non-exclusive Agreements to Scott Landscape Maintenance, Inc., Abescape Group LLC, Greener Pastures Landscape, Inc., and Lawn Patrol Service, Inc. along with four one-year options to renew. No guarantee was made that a specific amount of these services will be purchased. The bid amount for the Park and Recreation Department's annual requirements is $750,358.00, an additional $50,000.00 is requested to ensure that as parks are added, funding for grounds maintenance will be available. The proposed contract would allow the unit price to be increased so long as the City approves the increase. In addition, an administrative change order or increase may be made by the City Manager in the amount up to$50,000,00 and does not require specific City Council approval as long as sufficient funds have been appropriated. MANBE OFFICE-Greener Pastures Landscape, Inc., is in compliance with the City's Business Diversity Ordinance by committing to 15 percent MANBE participation on this project. The City's MANBE goal on this project is 15 percent.Additionally, Greener Pastures Landscape, Inc., is a certified MIWBE. Lawn Patrol Service, Inc., is in compliance with the City's Business Diversity Ordinance by committing to 15 percent MIWBE participation on this project. The City's MANBE goal on this project is 15 percent. Additionally, Lawn Patrol Service, Inc., is a certified MIWBE. Abescape Group LLC, is in compliance with the City's Business Diversity Ordinance by committing to three percent MIWBE participation and documenting good faith effort. Abescape Group LLC, identified several MANBE subcontracting and supplier opportunities. However,the MIWBE's contacted in the areas identified did not submit the lowest bids. The City's MIWBE goal on this project is 15 percent. Scott Landscape Maintenance, Inc., is in compliance with the City's Business Diversity Ordinance by documenting good faith effort. Scott Landscape Maintenance, Inc., identified several MfWBE subcontracting and supplier opportunities. However, the MIVVBE's contacted in the areas identified did not submit the lowest bids. The City's MIVVBE goal on this project is 15 percent. Upon City Council approval, the Agreement shall begin upon execution of the Agreement and shall end one year from that date. FISCAL INFORMATIONICERTIFICATION: The approval of this action provides purchasing authority up to $800,358.00 as specified. The Director of f=inance certifies that funds are available in the current operating budget, as appropriated and that prior to an expenditure being made, the participating department has the responsibility to validate the availability of funds. BQNI18-01451JC TO Fund Department Account Project ProgramActivity Budget Reference# Amount ID ID Year Chartfseld Z FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield Z Submitted for City Manager's Office by: Fernando Costa (6122) Originating De artment Head: Aaron Bovos (8517) Additional Information Contact: Jeff Cope (8313) Cynthia Garcia (8525) ATTACHMENTS Detail Bid Tab.oddf Form 1295.pdf mm Ly Bid Tab.pdf CERTIFICATE OF INTERESTED PARTIES FORM 195 i of l Complete Nos.A-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos-1,2.3.5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-330471 Lawn Patrot Service,Inc. Fort Worth,TX United Slates Date Filed: 2 Name of governmental entity-or state agency that is a party to the contract for whish the form is 0312612018 being filed. City of Fort Worth Date Ackn ed e 3 Provide the identification number used by the governmental entity or state agency to track or identify the ccntr t,and provide a description of the services,goods,or other properly to be provided under the contract. 18-0145 Parks,Library,Community Center and City Facilities Ground Maintenance Mature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only It there is NO Interested Party. ❑ x 6 UNSWORN DECLARATION / r� My name is rw �(�'C.s� , and my date of birth Is My address is m c� r' f1 i7��i^ j A�a�c _ _ � �D��� (slsee} (city) (state) (zip code) (Country) I declare under penalty of perjury that the foregoing is true and correct. Executed in_ �I7- _ _County, State of Tip[ on the A2day of M 4 20 (manih) (year) signature of aufttor€zed agent of contrac s entity (Declarant) Farms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 x • � Jurat Certificate State of County of Subscribed and sworn to(or affirmed)before me on this day of 4- 20-aby Notary Signiurw"K,/ A ' .s:F � •'ofsrEOF1y� 410 Description of Attached Document T �1e a ocument Document Date Number of Pages Signer(s)QtherTF.an Named Above f uwimaun oc-:ash Exhibit B -City of Forth Worth Bid Solicitation ITB No. 18-0142 FORTWORTH. CITY OF FORT WORTH PURCHASING DIVISION INVITATION TO BID NO. 18-0142 SEALED BIDS FOR GROUNDS MAINTENANCE OF RIGHT OF WAYS BID OPENING DATE: MARCH 8, 2018 For further information contact: Jeff Cope, Senior Buyer FAX(817)392-8440; FMSPurchasingResponses(&fortworthtexas.gov INSTRUCTIONS TO BIDDERS Bids are solicited for furnishing the merchandise, supplies, services and/or equipment set forth in this Solicitation. Completed Bids (one executed original and one USB drive) must be received in the Purchasing Office by 1:30 P.M., March 8, 2018, and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Bids must be returned in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager, City of Fort Worth and have the bid number, closing date, and company name clearly marked on the outside envelope. Bids should be mailed or hand delivered to the followina address: Purchasing Division, Lower Level, Municipal Building 200 Texas Street Fort Worth, Texas 76102 *Bids to be delivered by special courier(i.e. Federal Express, Special Delivery etc.) are to be marked "BID MUST BE DELIVERED TO PURCHASING DIVISION BEFORE 1:30 P.M." in order to be considered. Late bids will be returned; they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at anytime prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications. The period for acceptance of this bid will be 90 calendar days after the bid opening date unless the bidder submits a different date.(_days). I have read and agreed with the attached Terms and Conditions, Instruction to Bidders and the Invitation to Bid requirements. Failure to complete the requested information below may result in rejection of your bid. Principal Place of Business (Defined as at least having one permanent active business office and employee located inTexas) Company Name and Address Company's Authorized Agent Signature: Federal ID Number (TIN)or Name and Title (Typed or Printed) Social Security Number and Legal Telephone Number Date: Fax Number Email address: Cooperative Purchasina: Should other Governmental Entities decide to participate in this contract,would you,the Vendor, agree that all terms, conditions, specifications, and pricing would apply? Yes No If you, the bidder checked "Yes", the following will apply: Governmental entities utilizing Inter-Governmental Contracts with the City of Fort Worth will be eligible, but not obligated, to purchase material/services under this contract(s) awarded as a result of this solicitation. All purchases by Governmental Entities otherthan the City of Fort Worth will be billed directly to that Governmental Entity and paid by that Governmental Entity. The City of Fort Worth will not be responsible for another Governmental Entity's debts. Each Governmental Entity will order its own material/services as needed. Jack Dale, JD,CPPO Purchasing Manager FORTWORTH. HOW TO REGISTER WITH THE CITY OF FORT WORTH => Visit fortworthtexas.gov => Click on Departments => Choose Become A Vendor => Review Terms & Conditions => Click 1 Accept These Terms to proceed => At next screen, click No, 1 Want to Register => Click Register =>The first registration pop-up asks for your Federal ID#or Social Security Number and your company name. The company name MUST be the proper organization name and the same as on invoices you would present for payment to the City of FortWorth. => Follow through the screens by clicking Continue/Save at the bottom of each screen. The Iastscreen will ask for your commodities (products and/or services that can be provided to the City). This information is used to send quotes/bid opportunities to you by email and is also required in orderto keep your account active. => Enter a keyword search for unknown commodity codes (example:janitorial) => An email address is required to register online => If you selected "Certified Minority" you will be requested to provide a copy of your Minority/Woman Owned Business certification => Email a copy of your company's IRS W-9 form to the City's vendor registration administrator at PurchasingBSOa-fortworthtexas.gov. Your registration will not be activated until a completed W-9 is received and verified. Completed W-9s may also be faxed to the vendor registration administrator at 817-392-7254. Congratulations, you've registered!! You will receive an email with your registration confirmation. For any changes/edits to your vendor profile please email the vendor registration administrator at Pu rchasina BSO(&fortworthtexas.aov. The City of Fort Worth prefers to make vendor payments by direct deposit to vendors' checking/savings accounts or by procurement credit card. The direct deposit process is called Automated Clearing House Transfer (ACH). Advantages of ACH are: • Gives vendors use of the funds one business day AFTER the transfer has taken place. • Vendors receive an e-mail showing the invoices being paid by the transfer. • Invoices approved for payment by 3:00 p.m.will be transferred same day and will reach the vendors' bank accounts by the next business day. To register for ACH service please visit http://fortworthtexas..qov/purchasinq/, click on the link titled "Automated Clearing House Setup", download, complete and submit the two ACHforms. To register for credit card invoice payments, please contact Jack Dale, Purchasing Manager, by email at iack.dalea-fortworthtexas.gov. ITB 18-0142 Grounds Maintenance of Right of Ways Page 2 of 86 Page 1 of 1 BID SOLICITATION Printed: 02/05/2018 BID OPENING DATE AND TIME: 3/8/2018 1:30:00 PM BID NUMBER: 18-0142 BUYER:Jeff Cope PHONE#: (817)392-8313 V Vendor Name: S City of Ft Worth E H N Address: 1 4200 SOUTH FREEWAY D p STE 2200 O City, State Zip Code: FORT WORTH TX 76115 R T O Item Class-Item Quantity Unit Unit Price Total 1.000 The City of Fort Worth seeks bids from qualified vendors to establish an annual agreement for Right of Way maintenance for the Park and Recreation Department per the attached specifications.The term of the agreement shall be for a one-year period,with four options to renew for additional one-year periods. A Pre-Bid conference will be held at 10:00 AM,Wednesday, February 14, 2018,at the Park&Recreation Department Conference Room 1 located at 4200 South Freeway, Fort Worth,Texas,76114. Conference call number 1-650-479-3208-Access Code 625 429 518 FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL IMPACT A POTENTIAL VENDOR'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE.ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. SUBMIT PRICES ON THE BID LOCATION AND DETAILED PRICE FORM LOCATED WITHIN THE BID PACKAGE.ALSO, INCLUDE OVERALL TOTAL FOR EACH SECTION ON THE BID SOLICITATION SHEET. 2.000 Grounds Maintenance for South West right of way locations,per attached 1 EA specifications. Enter Grand Total Annual Cost from grounds maintenance locations price sheet. TOTAL: WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 90 DAYS. TERM OF PAYMENT: COMPANY: DELIVERY: SIGNATURE: TELEPHONE NUMBER: NAME AND TITLE: ITB 18-0142 Grounds Maintenance of Right of Ways Page 3 of 86 CITY OF FORT WORTH PURCHASING DIVISION INSTRUCTION TO BIDDERS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation. Bidders must use a complete Solicitation to prepare Bids. The City assumes no responsibility for any errors or misrepresentations that result from the use of incomplete Solicitations. 1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location and phone number for the Purchasing Division are specified in the advertisement and in the solicitation. 2.0 EXPLANATIONS OR CLARIFICATIONS 2.1 Any explanation, clarification, or interpretation desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division with sufficient time allowed for a written addendum to reach each Bidder before the submission of their Bid. Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.2 Requests for explanations or clarifications may be faxed to the City's Purchasing Division at (817) 392-8440. The fax must clearly identify the Buyer's name and the Solicitation number. Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum to all Bidders who have been issued a Solicitation. 2.3 Unauthorized Communications: Bidders' contact regarding this Invitation to Bid (ITB) with employees or officials of the City other than the Purchasing Manager, the Minority and Women Business Enterprise (M/WBE) Office, or as otherwise indicated in the ITB is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Respondent shall have any contact or discussion, verbal or written, with any members of the City Council, City staff or City's consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except as herein provided. Any violation of this prohibition may result in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this ITB. 3.0 PRE-BID CONFERENCE If a pre-bid conference is held, the time, place, and nature of the conference will be specified on the cover page of the solicitation. Attendance at pre-bid conferences is not mandatory. 4.0 PREPARATION OF BIDS Each Bidder must furnish all information required by a Solicitation on the documents provided. Bids submitted on other than the forms included in the Solicitation shall be considered non- responsive. Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 4.1 Taxes: Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. ITB 18-0142 Grounds Maintenance of Right of Ways Page 4 of 86 4.2 Brand Name or Equal: If the Solicitation indicates brand name or"equal" products are acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal" remains with the City. 4.3 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated, the Bidder shall state its best delivery time. 4.4 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the Bidder's expense and risk, and there tender delivery to the City. Bids offering any other delivery terms are not acceptable and may be cause for rejection. 4.5 Prices: 4.5.1 Bids shall be firm priced offers unless otherwise specified. 4.5.2 Pricing shall be entered on the Bid Sheet in ink. 4.5.3 Totals shall be entered in the "Total Price" column of the Bid Sheet. 4.5.4 In the event of a discrepancy between unit price and extended price, the unit price shall govern. 4.5.5 Prices shall be offered in the Dollars of the United States of America (or decimal fractions thereof). 4.6 Signature: The Bidder must sign each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. 4.7 Bid Security: If a bid security is required for this purchase, the requirement will be reflected in the "Specification" section of the bid package. Cashier's check or an acceptable surety bond in the amount indicated in the Notice to Bidders must be submitted at the time the bid is submitted, and is subject to forfeiture in the event the successful bidder fails to execute the contract documents within 10 calendar days after the contract has been awarded. 4.7.1 To be an acceptable surety on the bond: 4.7.1.1 The name of the surety shall be included on the current Department of the Treasury's Listing of Approved Sureties (Department Circular 570); or 4.7.1.2 The surety must have capital and surplus equal 10 times the amount of the bond. The surety must be licensed to do business in the state of Texas. 4.8 Alternate Bids: Bidders may offer an "equal" product as an alternate bid. Final "approved equal" determination remains with the City. 4.9 Proprietary Information: 4.9.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 4.92 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to information that must be disclosed lies with the Texas Attorney General. 4.9.3 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. ITB 18-0142 Grounds Maintenance of Right of Ways Page 5 of 86 4.10 Bid Preparation Costs: All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 4.11 Payments: All payment terms shall be "Net 30 Days" unless otherwise specified in the bid document. 4.11.1 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at http://www.fortworthgov.org/departments/, click on "Automated Clearing House Setup" 5.0 SUBMISSION OF BIDS 5.1 Copies: Unless otherwise specified, Bidders are required to submit a signed executed original and one scanned copy in flash drive. Bids must be submitted in a sealed envelope with the bid number written on the outside of the envelope. 5.2 Documents required with Bid: The following documents must be submitted with each Bid prior to the Due Date: 5.2.1 The completed and signed first page of this document; 5.2.2 The Price Offer in Bid Solicitation Sheet(s); and 5.23 Any other document included in the Solicitation requiring completion or execution by the Bidder. 5.3 Addenda: Receipt of an Addendum must be acknowledged by signing and returning the Addendum with the Bid if requested or under separate cover prior to the Due Date and Time. Addenda containing bid pricing should be returned in a sealed envelope marked on the outside with the Bidder's name, address, the Solicitation number, and the Due Date and time. 5.4 Late Bids: Bids must be received in the Purchasing Division prior to the Due Date and Time. All Bids received after the Due Date and Time are considered late and will be returned to the Bidder unopened. The time stamp clock on the receptionist's desk in the Purchasing Division is the time of record. It is the sole responsibility of the Bidder to ensure timely delivery of the Bid. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies, or any other form of delivery service chosen by the Bidder. 6.0 MODIFICATION OR WITHDRAWAL OF BIDS 6.1 Modification of Bids: Bids may be modified in writing at any time prior to the Due Date. 6.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the facsimile is signed by the Bidder) at any time prior to the Due Date. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the Due Date. A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the Due Date without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or without modifications, prior to the Due Date. The City may require proof of agency from the person withdrawing a bid. 7.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall personally and publicly open all Bids timely received, reading each bid aloud. 8.0 EVALUATION FACTORS AND AWARD 8.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless otherwise specified). However, the City may evaluate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most ITB 18-0142 Grounds Maintenance of Right of Ways Page 6 of 86 advantageous to the City. Bids that specify an "all or none" award may be considered if a single award is advantageous. 8.2 Award: The City will award contracts to the bidder whose offer represents the "lowest responsible bidder"or"best value"to the City, price and other factors considered. The specific award strategy and evaluation factors will be stated in the specifications included in this ITB. 8.2.1 The following criteria may be considered to determine the best value (see section 252.043 of the Texas Local Government Code): 8.2.1.1 Purchase Price; 8.2.1.2 Reputation of the bidder and of the bidder's goods or services; 8.2.1.3 Quality of the bidder's goods or services; 8.2.1.4 Extent to which the goods or services meet the City's needs; 8.2.1.5 Bidder's past relationship with the City; 8.2.1.6 Impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations employing persons with disabilities; 8.2.1.7 Total long-term cost to the City to acquire the bidder's goods or services; and 8.2.1.8 Any relevant criteria specifically listed in the request for bids or proposals. 8.2.2 Total long-term cost may include specification conformance, delivery requirements, the life expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value, warranties and other factors contributing to the overall acquisition cost of the product/services. 8.3 Acceptance of Bid: Acceptance of a Bid will be in the form of a Purchase Order or a Contract. Subsequent purchase releases may be issued as appropriate. The contents of a Bid shall become a part of the Contract. Under no circumstances will the City be responsible for Goods or Services provided without an acceptance signed by an Authorized City Representative. 8.4 Reservations: The City expressly reserves the right to: 8.4.1 Specify approximate quantities in the Solicitation; 8.4.2 Extend the Solicitation opening date and time; 8.4.3 Consider and accept alternate Bids, if specified in the Solicitation, when most advantageous to the City; 8.4.4 Waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 8.4.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bidder); 8.4.6 Add additional terms or modify existing terms in the Solicitation; 8.4.7 Reject a bid because of unbalanced unit prices bid; 8.4.8 Reject or cancel any or all Bids; 8.4.9 Reissue a Solicitation; 8.4.10 Procure any item by other means; and/or ITB 18-0142 Grounds Maintenance of Right of Ways Page 7 of 86 8.4.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors. 9.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS 9.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 9.2 Payment and/or Performance Bonds: When Payment and/or Performance Bonds are required, the successful Bidder must provide the bonds, in the amounts and on the conditions required, within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 9.3 Minority Business Enterprise (MBE) Documents: If an MBE goal has been established for the bid, the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within five (5) City business days after the bid opening date, exclusive of the bid opening date, to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 9.4 Certificate of Interested Parties Form 1295: The successful bidder is required to complete online and notarize the Certificate of Interested Parties Form 1295 and the form must be submitted to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at htti)s://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. 10.0 PROTEST PROCEDURE 10.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 10.2 The vendor must submit any protest in writing to the Purchasing Manager within 14 days after the vendor knows, or should have known, of the facts relating to the proposed action or award. 10.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing action through telephone discussions, mail, email or in person meetings with the protesting vendor. 10.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting vendor of the right to review by a panel made up of City staff. 10.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department, the Purchasing Manager and any other appropriate personnel or employees of the operating department. 10.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the vendor does not agree, the protesting vendor will be invited to attend the City Council meeting at which the recommended award is to be presented to the City Council and make known his/her concerns. The protesting vendor will be instructed to arrive prior to the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document (M&C) in question. 10.6.1 Vendors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: htti)://fortworthtexas.gov/citysecretary/info/default.asl)x?id=2914 on the City's website. Revised January 4, 2016 ITB 18-0142 Grounds Maintenance of Right of Ways Page 8 of 86 SPECIFICATIONS FOR GROUNDS MAINTENANCE OF RIGHT OF WAYS 1.0 SPECIFICATIONS—The City of Fort Worth seeks bids from qualified vendors to establish an annual agreement for Right of Ways on an as needed basis in accordance with the specifications. 1.1 The successful Bidder(s), hereinafter, "Contractor" shall provide all necessary labor, material, tools, equipment, supervision, transportation, insurance, and all other ancillary items/services necessary for grounds maintenance. In order to provide a safe environment for the citizens and visitors of Fort Worth, an Agreement for grounds maintenance will be awarded to the Bidder(s) which offer the best value to the City. 1.2 Unit prices shall include all associated grounds maintenance services, not limited to, fuel, travel and/or mileage charges. No additional charges will be accepted or paid by the City. 1.3 Following the award, additional services of the same general category that could have been encompassed in the award of this Agreement, and that are not already on the Agreement, may be added. 2.0 SCOPE 2.1 See attached Non-Exclusive Mowing and Grounds Maintenance Services Agreement, Attachment F. 2.2 See attached Maps, Attachment H. 3.0 PRE-BID CONFERENCE -A Pre-Bid conference will be held at 10:00 AM, Wednesday, February 14, 2018, at the Park & Recreation Department Conference Room 1 located at 4200 South Freeway, Fort Worth, Texas, 76114. Conference call number 1-650-479-3208 -Access Code 625 429 518 3.1 Bidders are responsible for familiarizing themselves with the work to be performed prior to submitting bids in order to be fully aware of the scope of the services required. Failure to familiarize with the work to be performed will not relieve the successful bidder(s) from performing in accordance with the strict intent and meaning of the specifications at the awarded bid price. There will be no additional cost to the City of Fort Worth. 3.2 FAILURE TO ATTEND THE PRE-BID CONFERENCE MAY IMPACT A BIDDER'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE, ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. 4.0 EVALUATION CRITERIA 4.1. The evaluation matrix below assigns a numerical weighting that each criteria will be given based on maximum score of 100 points. The Contractor(s)will be selected by the City based on a best value model. The evaluation factors below will be applied in a comparative manner to all eligible, responsive bids. Award may be made without discussion with Bidders after bids are received. Bids should, therefore, be submitted on the most favorable terms. Evaluation Factors Total Cost 35 points Past performance with the City of Fort Worth 15 points Adequate and qualified personnel resources based on manager/owner's 10 points experience, number of crews, persons per crew, and adequate plan to mobilize additional crews as needed. Attachment J—Company Information ITB 18-0142 Grounds Maintenance of Right of Ways Page 9 of 86 Prior contracts with City of Fort Worth, Park and Recreation Department for 10 Points comparable scope, types, and size of inventory serviced presented in this bid. Equipment meets or exceeds specifications for mowing areas involved 10 Points Attachment E- List of Machinery and Equipment Technology meets or exceeds work order specifications for the contract 5 Points Attachment I —Technology Capability Minority/Women Business Enterprise (M/WBE) diverse goal 15 Points 5.0 BID GUARANTEE- Bids shall be accompanied by a bid guarantee in one of the following forms: 5.1 CERTIFIED CHECK; CASHIERS CHECK; OR SURETY BOND (ATTACHMENT 4) IN THE AMOUNT OF NOT LESS THAN FIVE PERCENT (5%) OF THE COST OF THE TOTAL ANNUAL BID, FAILURE TO SUBMIT THE BID GUARANTEE SHALL RESULT IN BID BEING NON-RESPONSIVE. 5.2 The bidder agrees to forfeit their bid guarantee to the City when he/she receives notice of the acceptance of the bid, and fails to execute the contract and fails to furnish a satisfactory performance bond within TEN (10)WORKING DAYS after receiving said notice. 5.3 All cashier checks will be returned to bidders after an award has been made by the City Council. 6.0 PERFORMANCE BOND 6.1 PERFORMANCE BOND-A performance bond is required within TEN (10) WORKING DAYS after award of an Agreement. The performance bond shall equal 5% of the total annual cost. See Attachment 4 for sample of required bond. Example: Total Annual Cost= $100,000.00 x .05 = $5,000.00 (Amount of Performance Bond) 7.0 QUANTITIES-The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. 8.0 PERFORMANCE- Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect. 9.0 UNIT PRICE ADJUSTMENT 9.1 The unit prices may be adjusted for increases or decreases in Contractor's cost during the renewal period but before the effective date of the renewal upon written request from the Contractor. At the time the City exercise the renewal options, the Contractor may request a rate adjustment in an amount not to exceed the current Producer Price Index(PPI) rate of the original contract rate price or subsequent renewal rate price. 9.2 The Contractor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Contractor shall provide written proof of cost increases with price adjustment request. ITB 18-0142 Grounds Maintenance of Right of Ways Page 10 of 86 9.3 If the City concludes that the rate increase being requested is exorbitant, the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to exercise the renewal option, the Purchasing Division will issue a new solicitation. 9.4 Prices bid shall remain firm for each one-year term of the Agreement. 9.5 Prices offered shall be used for bid analysis and for agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. 9.6 For no reason shall the Contractor suspend services without giving a thirty(30)day prior written notice to the Purchasing Manager. 10.0 LAWS, REGULATIONS, AND ORDINANCES The Contractor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinances, and regulations for safety of people, environment, and property. This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency(EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality (TCs, ordinance and regulations; County: laws, ordinances and regulations; and City: EQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Contractor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Contractor to comply. 11.0 SUBCONTRACTING- No subcontracting allowed without prior written permission from the respective City Department 12.0 METHOD OF AWARD 12.1 Any bid that does not include a bid for ALL of the locations in line items two through seven on the Bid Solicitation form may be rejected. The bid award will based on a best value model. The evaluation factors listed above will be applied in a comparative manner to all eligible, responsive bids. Award may be made without discussion with Bidders after bids are received. Bids should, therefore, be submitted on the most favorable terms. 12.2 In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards. 12.3 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as the City deems it to be in its best interest. 12.4 Tentative Schedule of Events ITB Release Date February 7, 2018 Pre-Proposal Conference February 14, 2018 10:00 AM (Local Time) Deadline for Questions February 19, 2018 5:00 PM (Local Time) ITB Due Date March 8, 2018 by 1:30 PM (Local Time) Proposal Evaluations March 9-16, 2018 Recommended Vendor Selection March 16, 2018 Mayor and Council Approval April 17, 2018 ITB 18-0142 Grounds Maintenance of Right of Ways Page 11 of 86 13.0 BIDS - Bidders are responsible for familiarizing themselves with the work to be performed under the agreement resulting from this bid. 13.1 Bidders shall submit the following items with their bid: 13.2 A completed and signed original Invitation to Bid (ITB) form. 13.3 A completed and signed original Bid Solicitation form. 13.4 Completed and signed originals of all addendums issued. 13.5 A completed and signed original Conflict of Interest Questionnaire, Attachment A. 13.6 A completed and signed original Vendor Contact Information, Attachment B 13.7 A completed and signed original Reference Sheet, Attachment C. 13.8 A completed and signed original Consideration of Location of Bidder's Place of Business, Attachment D. 13.9 A completed and signed original List of Machinery& Equipment, Attachment E. 13.10 A completed and signed original M/WBE Goal, Attachment F. 13.11 A completed and signed original Grounds Maintenance Locations Price Sheet, Attachment G. 13.12 A completed and signed original Technology Capability, Attachment I. 13.13 A Completed and singed original Company Information, Attachment J. 13.14 A copy of all documents listed in paragraph 13.0. 13.15 Failure to submit the items listed in paragraph 13.0 may be grounds for rejection of a bid as non-responsive to the specifications. 14.0 QUESTIONS—Questions, explanations or clarifications desired by a bidder regarding any part of the bid must be requested in writing from the Purchasing Division not less than five businessdays before the bid opening date. Interpretations, corrections or changes to the bid made in anyother manner are not binding upon the City, and bidders shall not rely on such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Agreement are not binding. Request can be send to the following: 14.1 Jeff Cope, Senior Buyer, MSPurchasinciResponses6d�fortworthtexas.gov 14.2 City of Fort Worth Purchasing Division Attention: Jeff Cope 200 Texas Street Fort Worth, TX 76102 14.3 Facsimile: (817) 392-8440, Attention: Jeff Cope ITB 18-0142 Grounds Maintenance of Right of Ways Page 12 of 86 CITY OF FORT WORTH, TEXAS STANDARD PURCHASING TERMS ANDCONDITIONS 1.0 DEFINITION OF BUYER The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and subvendors who act on behalf of various City departments, bodies or agencies. 2.0 DEFINITION OF SELLER The consultant, Contractor(s), supplier, Contractor(s)or other provider of goods and/or services, its officers, agents, servants, employees, vendors and subvendors who act on behalf of the entity under a contract with the City of FortWorth. 3.0 PUBLIC INFORMATION Any information submitted to the City of Fort Worth (the "City") may be requested by a member of the public under the Texas Public Information Act. See TEX. GOVT CODE ANN. §§ 552.002, 552.128(c) (West Supp. 2006). If the City receives a request for a Seller's proprietary information, the Seller listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Seller believes that its information may not lawfully be released. If Seller does not make arguments or the AG rejects the arguments Seller makes, Seller's information will be released without penalty to the City. 4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land, materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter) 5.0 ORDERS 5.1 No employees of the Buyer or its officers, agents, servants, vendors or subvendors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the Buyer. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's Purchasing Division will place such orders. 5.2 Acceptance of an order and delivery on the part of the Seller without an approved contract number, purchase order number, or release number issued by the Buyer may result in rejection of delivery, return of goods at the Seller's cost and/or non-payment. 6.0 SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a)Seller's name and address: (b)Consignee's name, address and purchase order or purchase change order number; (c) Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided. ITB 18-0142 Grounds Maintenance of Right of Ways Page 13 of 86 Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 7.0 SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 8.0 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 9.0 DELIVERY TERMS AND TRANSPORTATION CHARGES Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for transportation costs in the amount specified in Seller's proposals or actual costs,whichever is lower, if the quoted delivery terms do not include transportation costs; provided, Buyer shall have the right to designate what method of transportation shall be used to ship thegoods. 10.0 PLACE OF DELIVERY The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 11.0 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall be responsible for all charges for the return to Seller of any goods rejected as being nonconforming under the specifications. 12.0 INVOICES 12.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order after each delivery. Invoices shall indicate the purchase order or purchase change order number. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's Department and address as set forth in the block of the purchase order, purchase change order or release order entitled "Ship to." Payment shall not be made until the above instruments have been submitted after delivery and acceptance of the goods and/or services. 12.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The Buyer shall furnish a tax exemption certificate upon Seller's request. 13.0 PRICE WARRANTY 13.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller warrants to be no higher than Seller's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the prices contained in Seller's proposals, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without any liability to Seller for breach or for Seller's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Buyer may have in law or equity. ITB 18-0142 Grounds Maintenance of Right of Ways Page 14 of 86 13.2 Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting employees of an established commercial or selling agency that is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount thereof. 14.0 PRODUCT WARRANTY Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications,drawings, and descriptions, Buyer's specifications shall govern. 15.0 SAFETY WARRANTY Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense. Where no correction is or can be made, Seller shall refund all monies received for such goods within thirty (30) days after request is made by Buyer in writing and received by Seller. Notice is considered to have been received upon hand delivery, or otherwise in accordance with Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach and cause this contract to terminate immediately. 16.0 SOFTWARE LICENSE TO SELLER If this purchase is for the license of software products and/or services, and unless otherwise agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software. This software is "proprietary"to Seller, and is licensed and provided to the Buyer for its sole use for purposes under this Agreement and any attached work orders or invoices. The City may not use or share this software without permission of the Seller; however Buyer may make copies of the software expressly for backup purposes. 17.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY 17.1 The SELLER warrants that all Deliverables,or any part thereof, furnished hereunder, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes (in this Section each individually referred to as a "Deliverable" and collectively as the "Deliverables,")do not infringe upon or violate any patent, copyrights, trademarks, service marks, trade secrets, or any intellectual property rights or other third party proprietary rights, in the performance of services under this Agreement. 17.2 SELLER shall be liable and responsible for any and all claims made against the City for infringement of any patent, copyright,trademark,service mark, trade secret, or other intellectual property rights by the use of or supplying of any Deliverable(s) in the course of performance or completion of, or in any way connected with providing the services, or the City's continued use of the Deliverable(s)hereunder. ITB 18-0142 Grounds Maintenance of Right of Ways Page 15 of 86 17.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trade mark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it being understood that this agreement to indemnify, defend, settle or pay shall not apply if the City modifies or misuses the Deliverable(s). So long as SELLER bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, SELLER shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with SELLER in doing so.In the event City,for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under this Agreement, the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, SELLER shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give SELLER timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall not eliminate SELLER's duty to indemnify the City under this Agreement. If the Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, SELLER shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s) with equally suitable, compatible, and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to SELLER, terminate this Agreement, and refund all amounts paid to SELLER by the City, subsequent to which termination City may seek any and all remedies available to City under law. 18.0 OWNERSHIP OF WORK PRODUCT Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes, methods, programs, and manuals that were developed, prepared, conceived, made or suggested by the Seller for the City pursuant to a Work Order, including all such developments as are originated or conceived during the term of the Contract and that are completed or reduced to writing thereafter (the "Work Product") and Seller acknowledges that such Work Product may be considered "work(s) made for hire"and will be and remain the exclusive property of the City. To the extent that the Work Product, under applicable law, may not be considered work(s) made for hire, Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller may have in any Work Product or any tangible media embodying such Work Product, without the necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own ITB 18-0142 Grounds Maintenance of Right of Ways Page 16 of 86 name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of its vendors hereby waives any property interest in such Work Product. 19.0 NETWORK ACCESS The City owns and operates a computing environment and network (collectively the "Network"). If Seller requires access, whether onsite or remote, to the City's network to provide services hereunder, and the Seller is required to utilize the Internet, Intranet, email, City database, or other network application, Seller shall separately execute the City's Network Access Agreement prior to providing such services. A copy of the City's standard Network Access Agreement can be provided upon request. 20.0 CANCELLATION Buyer shall have the right to cancel this contract immediately for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which Buyer may have in law or equity. 21.0 TERMINATION The performance of work or purchase of goods under this order may be terminated in whole or in part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice of Termination" specifying the extent to which performance of work or the goods to be purchased under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of any other termination rights of Buyer as set forth herein. 22.0 ASSIGNMENT/DELEGATION No interest, obligation or right of Seller, including the right to receive payment, under this contract shall be assigned or delegated to another entity without the express written consent of Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights, interests, or obligations to another entity. The documents that may be requested include, but are not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form W-9 to verify tax identification number, etc. Buyer reserves the right towithhold all payments to any entity other than Seller, if Seller is not in compliance with this provision. If Seller fails to provide necessary information in accordance with this section, Buyer shall not be liable for any penalties, fees or interest resulting therefrom. 23.0 WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration in writing and is signed by the aggrieved party. 24.0 MODIFICATIONS This contract can be modified or rescinded only by a written agreement signed by both parties. 25.0 THE AGREEMENT In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement between Buyer and Seller shall consist of these Standard Terms and Conditions together with any applicable proposal documents published by the Buyer and Seller's Response to such proposal ITB 18-0142 Grounds Maintenance of Right of Ways Page 17 of 86 (the "contract documents"). This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a course of performance under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall control. In the event of a conflict between the contract documents, the order of precedence shall be these Standard Terms and Conditions, the Buyer's published proposal documents and the Seller's response. If Buyer and Seller have otherwise negotiated a contract, this Agreement shall not apply. 26.0 APPLICABLE LAW/VENUE This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform Commercial Code" or "UCC" is used. It shall be construed as meaning the Uniform Commercial Code as adopted and amended in the State of Texas. Both parties agree that venue for any litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract shall be governed, construed and enforced under the laws of the State of Texas. 27.0 INDEPENDENT CONTRACTOR(S) Seller shall operate hereunder as an independent Contractor(s)and not as an officer,agent, servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, vendors and sub- vendors. The doctrine of respondeat superior shall not apply as between Buyer and Seller, its officers, agents, employees, vendors and subvendors. Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, its officers, agents, employees, vendors and subvendors. 28.0 LIABILITY AND INDEMNIFICATION, 28.1 LIABILITY - SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF SELLER, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 28.2 INDEMNIFICATION - SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY (ALSO REFERRED TO AS BUYER), ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO SELLER'S BUSINESS, AND ANY RESULTING LOST PROFITS) PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF SELLERS, ITS OFFICERS, AGENTES, SUBCONTRACTOR(S)S, SERVANTS OR EMPLOYEES. ITB 18-0142 Grounds Maintenance of Right of Ways Page 18 of 86 29.0 SEVERABILITY In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, which agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 30.0 FISCAL FUNDING LIMITATION In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then Buyer will immediately notify Seller of such occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 31.0 NOTICES TO PARTIES Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to have been delivered three (3) business days following the day such notice is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to Purchasing Manager, City of Fort Worth, Purchasing Division, 200 Texas Street, Fort Worth, Texas 76102. Notices to Seller shall be conclusively determined to have been delivered three (3) business days following the day such notice is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to the address given by Seller in its response to Buyer's invitation to proposals. Or if sent via express courier or hand delivery, notice is considered received upon delivery. 32.0 NON-DISCRIMINATION This contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents, vendors or subvendors, have fully complied with all provisions of same and that no employee, participant, applicant, Contractor(s)or subContractor(s)has been discriminated against according to the terms of such Ordinance by Seller, its employees, officers, agents, Contractor(s)or subvendors herein. 33.0 IMMIGRATION NATIONALITY ACT City actively supports the Immigration &Nationality Act(INA)which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement.Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision byVendor. 34.0 HEALTH, SAFETY, AND ENVIRONMENTAL REQUIREMENTS Services, products, materials, and supplies provided by the Seller must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and inspections necessary to provide the products or to perform the services hereunder. Seller shall indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall have the right to immediately terminate this Agreement for violations of this provision bySeller. ITB 18-0142 Grounds Maintenance of Right of Ways Page 19 of 86 35.0 RIGHT TO AUDIT Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration of three (3) years after final payment under this contract, and at no additional cost to Buyer, have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents, papers and records of the Seller involving transactions relating to this contract, including any and all records maintained pursuant to Section 31 of this Agreement. Seller agrees that the Buyer shall have access, during normal working hours, to all necessary Seller facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of any copying in accordance with the standards set forth in the Texas Administrative Code. The Buyer shall give Seller reasonable advance written notice of intended audits, but no less than ten (10) business days. 36.0 DISABILITY In accordance with the provisions of the Americans With Disabilities Act of 1990(ADA), Seller warrants that it and any and all of its subvendors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Seller or any of its subvendors. Seller warrants it will fully comply with ADA's provisions and any other applicablefederal, state and local laws concerning disability and will defend,indemnify and hold Buyer harmless against any claims or allegations asserted by third parties or subvendors against Buyerarising out of Seller's and/or its subvendor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 37.0 DISPUTE RESOLUTION If either Buyer or Seller has a claim,dispute,or other matter in question for breach of duty,obligations, services rendered or any warranty that arises under this Agreement, the parties shall firstattempt to resolve the matter through this dispute resolution process. The disputing party shall notifythe other party in writing as soon as practicable after discovering the claim, dispute, or breach. Thenotice shall state the nature of the dispute and list the party's specific reasons for such dispute.Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort,either through email, mail, phone conference, in person meetings, or other reasonable means toresolve any claim, dispute, breach or other matter in question that may arise out of, or in connectionwith this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date ofreceipt of the notice of the dispute, then the parties may submit the matter to non-binding mediationupon written consent of authorized representatives of both parties in accordance with the IndustryArbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties cannot resolve the dispute through mediation,then either partyshall have the right to exercise any and all remedies available under law regarding the dispute. 38.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTTISRAEL Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the companythat it:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company'shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Seller certifies that Seller's signature provides written verification to the City that Seller: (1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. Revised August 31,2017 ITB 18-0142 Grounds Maintenance of Right of Ways Page 20 of 86 ATTACHMENT A—CONFLICT OF INTEREST QUESTIONNAIRE Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, use N/A in each of the areas on the form. However, a signature is required in the#4 box in all cases. ITB 18-0142 Grounds Maintenance of Right of Ways Page 21 of 86 CONFLICT OF INTEREST QUESTIONNAIRE FORM CLQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE U`=E."-N-Y This questionnaire is being filed in accordance with Chapter 176,Local Govemment Code, Data Reco,Med by a vendorwho has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.DID 6(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the data the vendor becomes aware of facts that require the statementtc be filed. See Section 176.006(a-1),Local Government Code, A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Govemment Code.An offense under this section is a misdemeanor. -IJ Name of venriorwho has a business relationship with local governmental entity. 21 L Check this box If you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appiopria a filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this sectlon is being disclosed. Name of Officer This section {item 3 including subparts A, B. C, & D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIO as necessary_ A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? F] Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes F� No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more? F7Yes = No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 Signature of vendor doing business with the governmental entity Date Adopted 8f712415 ITB 18-0142 Grounds Maintenance of Right of Ways Page 22 of 86 FORT WORTH. ATTACHMENT B—VENDOR CONTACT INFORMATION Vendor's Name: Vendor's Local Address: Phone: Fax: Email: Name of persons to contact when placing an order: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Signature Printed Name Date ITB 18-0142 Grounds Maintenance of Right of Ways Page 23 of 86 ATTACHMENT C - REFERENCE SHEET Vendor's shall furnish the following information with their bid, for at least three (3) current customers to whom subject services were provided that are similar to the requirements stipulated in this Request for Quotes. 1. Company's Name Name of Contact_ Title of Contact: Present Address City, State, Zip Code Telephone No. Fax No. Email Address: Type of Services Provided: 2. Company's Name Name of Contact_ Title of Contact: Present Address City, State, Zip Code Telephone No. Fax No. Email Address: Type of Services Provided: 3. Company's Name Name of Contact Title of Contact: Present Address City, State, Zip Code Email Address: Telephone No. Fax No. Type of Services Provided: ITB 18-0142 Grounds Maintenance of Right of Ways Page 24 of 86 ATTACHMENT D -CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas. a. Do you have a Fort Worth office? If yes, identify address: b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed 50%] 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? b. Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by company (for prior tax year— Fort Worth office or former location, if Fort Worth office is newly- established)? Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. (Company Name) (Date) (Signature) (Printed Name and Title ) ITB 18-0142 Grounds Maintenance of Right of Ways Page 25 of 86 ATTACHMENT E - LIST OF MACHINERY AND EQUIPMENT THE LISTED ITEMS OF MACHINERY AND EQUIPMENT ARE REPRESENTED AS PART OF THIS BID AND ARE AVAILABLE FOR USE IN PERFORMANCE OF THIS BID. 'BEING AVAILABLE"SHALL MEAN THAT THE EQUIPMENT IS OWNED OR UNDER THE CONTROL, THROUGH A LONG TERM LEASE OF AT LEAST ONE YEAR, OF THE CONTRACTOR SUBMITTING THISBID. UNITS TYPES OF EQUIPMENT ATTACH ADDITIONAL SHEETS AS NEEDED ITB 18-0142 Grounds Maintenance of Right of Ways Page 26 of 86 ATTACHMENT F - M/WBE Goal BUSINESS DIVERSITY ENTERPRISE (BDE) ORDINANCE PROVISION: The City of Fort Worth implemented the Business Diversity Enterprise (BDE) Ordinance to reflect the City's availability and disparity study findings. All proposers shall note that it is the policy of the City to ensure the full and equitable participation of Minority/Women Business Enterprises (M/WBEs) in the procurement of services $50,000 or more. This Request for Proposal consists of an MAA/BE goal. The Minority/Women Business Enterprise (M/WBE) diverse goal is 15%. The information shall be submitted with the proposal and shall include: ■ The company name, address, point of contact, email address, office and fax telephone numbers of the MAA/BE subcontractors and suppliers; ■ A detailed description of the work to be performed or supplied by each M/WBE; ■ The tier level, i.e., 1St 2nd 3rd etc. (if other than 1St tier, the plan must clearly identify the firm name and tier from whom the MAA/BE firm will be receiving payment) ■ The sub-contract value or percentage of work for each MAA/BE participant; ■ State the MAA/BE percentage level of commitment achieved; and ■ Provide the same identification information for all non-MAA/BE participants It is important to note that only MAA/BE subcontractors and suppliers that perform a commercially useful function may count towards the 15% MAA/BE diverse goal. If the Proposer is certified as a DBE, MBE, SBE or WBE firm, it is not permissible to count itself or its subsidiary-owned companies towards the established goal; the goal represents subcontracting opportunities. Proposers must obtain M/WBE listings from the City of Fort Worth's MAA/BE Office at (817) 392-2674 or email mwbeoffice(aD-fortworthtexas.gov. This will ensure that Proposers are acknowledging M/WBE firms currently certified by the North Central Texas Regional Certification Agency (NCTRCA) or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth at the time proposals are submitted, in order for the participation to be counted towards the established diverse goal. The firms must be located in the City's six (6) county geographic marketplace that includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Also note if a firm is DBE certified that reflects minority ownership and meets the criteria's stated, it may count towards the goal. If an Offeror (regardless of certification status or if a non-D/M/W/MBE), however, forms a joint venture with one or more M/WBEs, the M/WBE joint venture percentage participation will be counted towards the established goal. The appropriate City of Fort Worth Joint Venture form must be submitted for review and ITB 18-0142 Grounds Maintenance of Right of Ways Page 27 of 86 approval in order for it to be counted. The City of Fort Worth strongly encourages joint ventures. If Offeror failed to meet the stated M/WBE goal, in part or in whole, then a detailed explanation must be submitted to explain the Good and Honest Efforts your firm made to secure M/WBE participation. Failure to submit the M/WBE participation information or the detailed explanation of the proposer's Good and Honest Efforts to meet or exceed the stated M/WBE goal, may render the proposal non-responsive. The M/WBE commitment will be part of the final weighted selection criteria. ITB 18-0142 Grounds Maintenance of Right of Ways Page 28 of 86 FORT WORTH City of Fort Worth Minority/Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR OFFERORS APPLICATION OF POLICY If the total dollar value of the contract is $50,000 or more, then a M/WBE subcontracting goal is applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises (M/WBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. M/WBE PROJECT GOALS The City's M/WBE goal on this project is % of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts $50,000 or more where a M/WBE subcontracting goal is applied, Offerors are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 1. Meet or exceed the above stated M/WBE goal through M/WBE subcontracting participation, or 2. Meet or exceed the above stated M/WBE goal through M/WBE Joint Venture participation, or; 3. Good Faith Effort documentation, or; 4. Prime Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Purchasing Division, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the M/WBE documentation in person to the appropriate employee of the purchasing division and obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. A faxed and/or emailed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is received no later than 2:00 p.m., on the second City business day met or exceeded: after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day Utilization Form, if participation is less than after the bid opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day Utilization Form, if no MBE participation: after the bid opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received no later than 2:00 p.m., on the second City business day perform all subcontracting/supplier work: after the bid opening date, exclusive of the bid opening date. 5. Joint Venture Form, if goal is met or received no later than 2:00 p.m., on the second City business day exceeded: after the bid opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICATION PERIOD OF THREE YEARS. Any questions, please contact the M/WBE Office at(817)212-2674. ITB 18-0142 Grounds Maintenance of Right of Ways Page 29 of 86 FORT WORTH City of Fort Worth Minority/Women Business Enterprise M/WBE Subcontractors/Suppliers Utilization Form OFFEROR COMPANY NAME: Check applicable block to describe Offeror PROJECT NAME: M/W/C11 NON-M/W/DBE BID DATE City's M/WBE Project Goal: Offeror's M/WBE Project Commitment: PROJECT NUMBER Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MAA/BE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications. M/WBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of bid or the business has a Significant Business Presence in the Marketplace. Marketplace is the geographic area of Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties. Prime contractors must identify by tier level of all subcontractors/suppliers. Tier: means the level of subcontracting below the prime contractor/consultant i.e. a direct payment from the prime contractor to a subcontractor is considered 1 st tier, a payment by a subcontractor to its supplier is considered 2nd tier. The prime contractor is responsible to provide proof of payment of all tiered subcontractors identified as a MAA/BE and counting those dollars towards meeting the contract committed goal. ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency (NCTRCA) or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. If hauling services are utilized, the Offeror will be given credit as long as the MAA/BE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MAA/BE may lease trucks from another M/WBE firm, including M/WBE owner-operated, and receive full MAA/BE credit. The MAA/BE may lease trucks from non-MAA/BEs, including owner-operated, but will only receive credit for the fees and commissions earned by the MAA/BE as outlined in the lease agreement. ITB 18-0142 Grounds Maintenance of Right of Ways Page 30 of 86 Foxe Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. MM/BE firms are to be listed first, use additional sheets if necessary. Please note that only certified M/WBEs will be counted to meet an M/WBE goal. NCTRCA N SUBCONTRACTOR/SUPPLIER ° Company Name T n Detail Detail Address i M W M Subcontracting Supplies Dollar Amount Telephone/Fax e B B VY Work Purchased Email r E E B Contact Person E El El El ITB 18-0142 Grounds Maintenance of Right of Ways Page 31 of 86 FORTWORTH Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs. MM/BE firms are to be listed first, use additional sheets if necessary. Please note that only certified MAA/BEs will be counted to meet an M/WBE goal. NCTRCA N SUBCONTRACTOR/SUPPLIER ° Company Name T n Detail Detail Address i M W M Subcontracting Supplies Dollar Amount Telephone/Fax e B B VY Work Purchased Email r E E B Contact Person E El El El El E ITB 18-0142 Grounds Maintenance of Right of Ways Page 32 of 86 FoR_�H Total Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ The Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office through the submittal of a Request for Approval of Change/Addition form. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The Offeror shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed MAA/BE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MAA/BE(s) and any special arrangements with MAA/BEs. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The Offeror agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the M/WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of the contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature Title Contact Name/Title(if different) Company Name Telephone and/or Fax Address E-mail Address City/State/Zip Date ITB 18-0142 Grounds Maintenance of Right of Ways Page 33 of 86 FORT WORTH City of Fort Worth Minority/Women Business Enterprise Specifications Prime Contractor Waiver Form OFFEROR COMPANY NAME: Check applicable block to describe prime PROJECT NAME: M/W/DBE NON-MM/DBE BID DATE City's M/WBE Project Goal: Offeror's M/WBE Project Commitment: PROJECT NUMBER % % If both answers to this form are YES, do not complete ATTACHMENT 1 C (Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1 C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Purchasing Division no later than 2:00 p.m., on the second City business day after bid opening, exclusive of the bid opening date,will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this NO project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s) on this contract, the payment thereof and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract and may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature Title Contact Name(if different) Company Name Phone Number Fax Number Address Email Address City/State/Zip Date ITB 18-0142 Grounds Maintenance of Right of Ways Page 34 of 86 FORT WORTH City of Fort Worth Minority/Women Business Enterprise M/WBE Good Faith Effort Form OFFEROR COMPANY NAME: Check applicable block to describe Offeror PROJECT NAME: M/W/DBE NON-MM/DBE BID DATE City's M/WBE Project Goal: Offeror's M/WBE Project Commitment: PROJECT NUMBER % If the Offeror did not meet or exceed the M/WBE subcontracting goal for this project, the Offeror must complete this form. If the Offeror's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the Offeror will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 11 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation of the facts or intentional discrimination by the Offeror. Failure to complete this form, in its entirety with supporting documentation, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS) On all projects, the Offeror must list each subcontracting and or supplier opportunity regardless of tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities ITB 18-0142 Grounds Maintenance of Right of Ways Page 35 of 86 2.) Obtain a current (not more than two (2) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. Yes Date of Listing No 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes (If yes,attach M/wBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Yes (If yes,attach list to include name of M/wBE firm, ep rson contacted, phone number and date and time of contact.) No 5.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by facsimile (fax), exclusive of the day the bids are opened? Yes (If yes,attach list to include name of M/wBE firm,fax number and date and time of contact. In addition, if the fax is returned as undeliverable,then that"undeliverable confirmation" received must be printed directly from the facsimile for proper documentation. Failure to submit confirmation and/or"undeliverable confirmation" documentation may render the GFE non-responsive.) No 6.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by email, exclusive of the day the bids are opened? Yes (If yes,attach email confirmation to include name of M/wBE firm,date and time. In addition, if an email is returned as undeliverable,then that"undeliverable message" receipt must be printed directlyfrom the email system for proper documentation. Failure to submit confirmation and/or"undeliverable message" documentation may render the GFE non-responsive.) No NOTE: The four methods identified above are acceptable for soliciting bids, and each selected method must be applied to the applicable contract. The Offeror must document that either at least two attempts were made using two of the four methods or that at least one successful contact was made using one of the four methods in order to be deemed responsive to the Good Faith Effort requirement. NOTE: The Offeror must contact the entire M/WBE list specific to each subcontracting and supplier opportunity to be in compliance with questions 3 through 6. 7.) Did you provide plans and specifications to potential M/WBEs? Yes No 8.) Did you provide the information regarding the location of plans and specifications in order to assist the M/WBEs? Yes No ITB 18-0142 Grounds Maintenance of Right of Ways Page 36 of 86 9.) Did you prepare a quotation for the M/WBEs to bid on goods/services specific to their skill set? Yes (If yes,attach all copies of quotations.) No 10.) Was the contact information on any of the listings not valid? Yes (If yes,attach the information that was not valid in order for the M/WBE Office to address the corrections needed.) No 11.)Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the Offeror wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the Offeror will provide for confidential in-camera access to an inspection of any relevant documentation by City personnel. Please use additional sheets, if necessaty, and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance shall create a material breach of ITB 18-0142 Grounds Maintenance of Right of Ways Page 37 of 86 contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Printed Signature Title Contact Name and Title (if different) Company Name Phone Number Fax Number Address Email Address City/State/Zip Date ITB 18-0142 Grounds Maintenance of Right of Ways Page 38 of 86 FORT WORTH CITY OF FORT WORTH M/WBE Joint Venture Eligibility Form All questions must be answered;use"NIA"ifnot applicable. Name of City project: A joint venture form must be completed on each project RFP/Bid/Purchasing Number: 1.Joint venture information: Joint Venture Name: Joint Venture Address: (If applicable) Telephone: Facsimile: E-mail address: Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the joint venture M/WBE firm Non-Nt WBE name: firm name- Business Address: Business Address: City,State,Zip: City,State,Zip: Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular Certification Status: E-mail address Name of Certifying Agency: 2. Scope of work performed by the Joint Venture: Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE: ITB 18-0142 Grounds Maintenance of Right of Ways Page 39 of 86 3.What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4.Attach a copy of the joint venture agreement. 5.List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement) Profit and loss sharing: Capital contributions,including equipment: Other applicable ownership interests: 6.Identify by name,race,sex and firm those individuals (with titles)who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating --------------------------------------------------------------- b. Marketing and Sales --------------------------------------------------------------- c. Hiring and Firing of management personnel --------------------------------------------------------------- d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the MBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's BDE Ordinance. ITB 18-0142 Grounds Maintenance of Right of Ways Page 40 of 86 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore,the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits,interviews with owners and examination of the books,records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts. ---------- ----------------------------------------------------------------------------------------------------------- Name of M/WBE turn Name of non-M/WBE fain Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Title Title Date Date Notarization State of County of On this day of ,20 before me appeared and to me personally known and who,being duly sworn,did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public Print Name Notary Public Signature Commission Expires (seal) ITB 18-0142 Grounds Maintenance of Right of Ways Page 41 of 86 ATTACHMENT G NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES AGREEMENT THIS NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES AGREEMENT("Agreement")is made and entered into by and between the CITY OF FORT WORTH ("City"),a home-rule municipal corporation of the State of Texas,acting by and through its duly authorized representative, and , a Texas (enter entity type), acting by and through its duly authorized representative("Contractor"). WHEREAS, City, through its Park and Recreation Department ("Park Department"), contracts for mowing and grounds maintenance services within the City; WHEREAS,through(ITB/RFP No. the City solicited bids to award non-exclusive services agreements to multiple bidders for mowing and grounds maintenance services on an as-needed basis in the City with an aggregate amount of for contracts awarded to the successful bidders; WHEREAS, Contractor was one of the successful bidders awarded a contract to provide non- exclusive mowing and grounds maintenance services to the City; WHEREAS,City and Contractor wish to set out terms of Contractor's non-exclusive mowing and grounds maintenance services; NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement,City and Contractor hereby agree as follows: SECTION 1 CONTRACT DOCUMENTS The contract documents shall include the following: 1. This Non-Exclusive Mowing and Grounds Maintenance Services Agreement 2. Exhibit A—Contract Specifications 3. Exhibit B—City of Fort Worth Bid Solicitation(ITB/RFP No. ) 4. Exhibit C—Contractor's Response to City of Fort Worth ITB/RFP No. 5. Exhibit D—Insurance All Exhibits attached hereto are incorporated herein and are made a part of this Agreement for all purposes.In the event of any conflict between the Exhibits and the terms and conditions of this Agreement, this Agreement shall control. SECTION 2 SCOPE OF WORK 2.1 Contractor shall provide mowing and grounds maintenance services ("Services") to the City in accordance with the Contract Specifications set forth in Exhibit A, which is attached hereto and incorporated herein for all purposes. 2.2 Contractor understands and agrees that the City will award non-exclusive purchase agreements to multiple bidders for mowing and grounds maintenance services as outlined in City of Fort Worth Bid Solicitation(ITB/RFP No. ),which is attached hereto as Exhibit B,and incorporated herein for all purposes. Contractor further understands that the aggregate amount of all contracts awarded to multiple contractors under(ITB.RFP No. ) shall be in the amount of and ITB 18-0142 Grounds Maintenance of Right of Ways Page 42 of 86 the City makes no promise or guarantee of the total amount of work that will be assigned to Contractor under this Agreement. Contractor's Response to City of Fort Worth ITB/RFP No. ("Contractor's Response")is attached hereto as Exhibit C,and incorporate herein for all purposes. 2.3 The City shall issue a written work order establishing the locations, schedule, and fee to be paid to the Contractor for each Project Area to be completed by Contractor("Work Order"). Contractor shall perform the Services in accordance with each Work Order issued by the City. The City may issue an amended Work Order to address any changes in the work to be performed after a Work Order has been issued. Except as otherwise specified in this Agreement,the fee established in each Work Order shall be based upon the prices submitted by Contractor in Contractor's Response. SECTION 3 TERM OF AGREEMENT 3.1 Term. The term of this Agreement shall begin on and expire on ("Term"), unless terminated earlier in accordance with the provisions of this Agreement. This Agreement may be renewed for additional year periods upon written agreement of the City and Contractor. SECTION 4 INVOICES AND PAYMENT 4.1 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. 4.2 Contractor shall submit type written or computer printed invoices to the City which include the Contractor's name,address and telephone number,and identify the service location,the agreed price for the Project Area contained in the Work Order, and the City's issued purchase order and release number. Contractor shall submit all invoices to the City within two(2)weeks of completing the work. 4.3 Contractor shall submit all invoices to: Operations Contract Management Attention: Contract Mowing Park and Recreation Department City of Fort Worth 4200 South Freeway, Suite 2200 Fort Worth,TX 76115 CF WMowingkFortWorthTe xas.g_ov 4.4 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. SECTION 5 LIABILITY AND INDEMNIFICATION ITB 18-0142 Grounds Maintenance of Right of Ways Page 43 of 86 5.1 CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES,INCLUDING,BUT NOT LIMITED TO,PROPERTY LOSS,PROPERTY DAMAGE AND PERSONAL INJURY, OF ANY HIND OR CHARACTER, WHETHER REAL OR ASSERTED,TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF CONTRACTOR, OR ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, CONTRACTORS, EMPLOYEES, PATRONS, GUESTS, INVITEES, OR PROGRAM PARTICIPANTS. CONTRACTOR HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE AND LOSS AND PERSONAL INJURY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE SERVICES PERFORMED BY CONTRACTOR UNDER THIS AGREEMENT. 5.2 INDEMNIFICATION — CONTRACTOR, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, PROTECT, AND HOLD HARMLESS CITY AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS EMPLOYEES, AND SERVANTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS,LIABILITIES,DAMAGES,LOSSES,LIENS,CAUSES OF ACTION,SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, HIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE SERVICES PERFORMED UNDER THIS AGREEMENT BY CONTRACTOR OR ANY OF ITS OFFICERS,REPRESENTATIVES,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS;(2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON THE PART OF CONTRACTOR OR ANY OF ITS OFFICERS, REPRESENTATIVES,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS;OR(3)BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF CONTRACTOR UNDER THIS AGREEMENT(COLLECTIVELY, "LIABILITIES"). 5.3 If any action or proceeding shall be brought by or against the City in connection with any such liability or claim, Contractor, on notice from City, shall defend such action or proceeding at Contractor's expense,by or through attorneys reasonably satisfactory to City. 5.4 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligations under this Section, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations,and as so modified,the indemnification obligation shall continue in full force and effect. 5.5 Contractor agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages related to Services performed under this Agreement. Contractor agrees to make its officers, representatives, agents, and employees available to City, at all reasonable times, for any statements and case preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder. SECTION 6 INSURANCE REQUIREMENTS 6.1 Contractor shall abide by the insurance requirements set forth in Exhibit D, which is attached hereto and incorporated herein for all purposes. ITB 18-0142 Grounds Maintenance of Right of Ways Page 44 of 86 SECTION 7 AUDIT 7.1 Contractor agrees that the City shall, until the expiration of three (3) years after the termination or expiration of this Agreement,have access to and the right to examine any directly pertinent books, documents, papers, and records of Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Contractor reasonable advance notice of intended audits. 7.2 Contractor further agrees to include in any contractor and subcontractor agreements hereunder a provision to the effect that the contractor and subcontractors agree that the City shall,until the expiration of three (3)years after the expiration or termination of the contract or subcontract,have access to and the right to examine any directly pertinent books,documents,papers,and records of such contractor or subcontractor involving transactions of the contract or subcontract, and further that City shall have access during normal working hours to all contractor and subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give the contractor and subcontractor reasonable advance notice of intended audits. SECTION 8 TERMINATION 8.1 Termination for Convenience. This Agreement may be terminated without cause by the City upon delivery of written notice to Contractor. This Agreement may be terminated without cause by the Contractor thirty(30)days after delivery to the City of written notice of such intent to terminate. 8.2 Termination for Cause.Unless stated elsewhere in this Agreement, Contractor shall be in default under this Agreement if Contractor breaches any term or condition of this Agreement and such breach remains uncured after ten (10) calendar days following receipt of written notice from the City referencing this Agreement. 8.3 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any time during the term of the Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate the portion of the Agreement regarding such obligations to be effective on the later of(i)ninety(90)calendar days following delivery by the City to Agreement of written notice of the City's intention to terminate or(ii)the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 8.4 Other Remedies. Any termination of this Agreement as provided in this Agreement will not relieve Contractor from paying any sum or sums due and payable to City under this Agreement that remains unpaid and due at the time of termination, or any claim for damages then or previously accruing against Contractor under this Agreement. Any such termination will not prevent City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Contractor for any default under the Agreement. All City's rights,options,and remedies under this Agreement will be construed to be cumulative,and not one of them is exclusive of the other. City may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Agreement. No such termination shall relieve City from any obligation it may have to Contractor hereunder and City may pursue any and all rights and remedies or relief provided by law, whether or not stated in this Agreement. ITB 18-0142 Grounds Maintenance of Right of Ways Page 45 of 86 SECTION 9 LICENSES AND PERMITS 9.1 Contractor shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for its operations. SECTION 10 NOTICES 10.1 All notices required or permitted under this Agreement may be given to a parry personally or by mail, addressed to such parry at the address stated below or to such other address as one parry may from time to time notify the other in writing. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: CONTRACTOR: City of Fort Worth Park and Recreation Director 4200 South Freeway, Suite 2200 Fort Worth,Texas 76115 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth,Texas 76102 Or to such other address as such parry may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. SECTION 11 NONDISCRIMINATION 11.1 Contractor shall not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement,and Contractor represents and warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall comply with all applicable laws and regulations in any employment decisions. SECTION 12 VENUE AND CHOICE OF LAW 12.1 Contractor and City agree that this Agreement shall be construed in accordance with the laws of the State of Texas. If any action,whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement,venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas—Fort Worth Division. SECTION 13 THIRD-PARTY RIGHTS AND ASSIGNMENTS ITB 18-0142 Grounds Maintenance of Right of Ways Page 46 of 86 13.1 The provisions and conditions of this Agreement are solely for the benefit of the City and Contractor, and any lawful assign or successor of Contractor, and are not intended to create any rights, contractual or otherwise,to any other person or entity. 13.2 Contractor agrees that it will not subcontract or assign all or any part of its rights,privileges or duties hereunder without the prior written consent of the City, and any attempted subcontract or assignment of same without such prior consent of the City shall be void. SECTION 14 BINDING COVENANTS 14.1 Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereunder are declared to be for the benefit of and binding on their respective successors,representatives and permitted assigns,if any. SECTION 15 INDEPENDENT CONTRACTOR 15.1 It is expressly understood and agreed that Contractor and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representative, agents, servants,officers, contractors, subcontractors,and volunteers. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers,representatives,agents,servants and employees, and Contractor and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that the City shall in no way be considered a Co-employer or a Joint employer of Contractor or any employees, representative,agents,servants,officers,contractors,subcontractors,and volunteers of Contractor.Neither Contractor,nor any officers, agents, servants, employees or subcontractors of Contractor shall be entitled to any employment benefits from the City. Contractor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees,representative,agents, servants, officers,contractors, subcontractors,and volunteers. SECTION 16 AMENDMENTS, CAPTIONS,AND INTERPRETATION 16.1 Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may not be modified or amended except upon execution of a written amendment to this Agreement executed by the Assistant City Manager and Contractor and filed with the City Secretary's Office. 16.2 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 16.3 In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party,regardless of the actual drafter of this Agreement. SECTION 17 GOVERNMENTAL POWERS AND IMMUNITIES ITB 18-0142 Grounds Maintenance of Right of Ways Page 47 of 86 17.1 It is understood that by execution of this Agreement,the City does not waive or surrender any of its governmental powers or immunities. SECTION 18 AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES 18.1 By executing this Agreement, Contractor's agent affirms that he or she is authorized by Contractor or its general partner to execute this Agreement and that all representations made herein with regard to Contractor's identity,address,and legal status are true and correct. 18.2 This Agreement may be executed in several counterparts, each of which will be deemed an original,but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. SECTION 19 SEVERABILITY AND NO WAIVER 19.1 It is agreed that in the event any covenant,condition or provision herein contained is held to be invalid by any court of competent jurisdiction,the invalidity of such covenant,condition or provision shall in no way affect any other covenant, condition or provision does not materially prejudice either Contractor or City in connection with the right and obligations contained in the valid covenants,conditions or provisions of this Agreement. 19.2 The failure of either parry to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. SECTION 20 COMPLIANCE WITH LAWS 20.1 This Agreement is subject to all applicable federal, state and local laws,ordinances,rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. 20.2 If City notifies Contractor or any of its officers, agents, employees, contractors, or subcontractors, of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation. SECTION 21 SOLE AGREEMENT 21.1 This Agreement, including any exhibits attached hereto and any documents incorporated herein, contains the entire understanding and agreement between the City and Contractor, and any lawful assign and successor of Contractor,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. SECTION 22 PROHIBITION ON BOYCOTTING ISRAEL 22.1 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2)will ITB 18-0142 Grounds Maintenance of Right of Ways Page 48 of 86 not boycott Israel during the term of the contract. The terms "boycott Israel" and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1)does not boycott Israel; and(2) will not boycott Israel during the term of the contract. SECTION 23 IMMIGRATION NATIONALITY ACT 23.1 Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. (SIGNATURES ON FOLLOWING PAGE) ITB 18-0142 Grounds Maintenance of Right of Ways Page 49 of 86 IN WITNESS WHEREOF, the parties have executed this Agreement in multiples in Tarrant County,Texas. EXECUTED to be effective on the date set forth in Section 2. CITY OF FORT WORTH CONTRACTOR Susan Alanis Name: Assistant City Manager Title: Recommended. Richard Zavala,Director Park and Recreation Department APPROVED AS TO FORM AND LEGALITY: Richard A.McCracken Assistant City Attorney ATTEST: Mary Kayser City Secretary M&C: Date: Form 1295: Contract Compliance Manager: By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract,including all performance and reporting requirements. Name: Title: ITB 18-0142 Grounds Maintenance of Right of Ways Page 50 of 86 EXHIBIT A CONTRACT SPECIFICATIONS I. SCOPE OF WORK The Services shall consist of specific grounds maintenance activities at specified parks, community centers, boulevards, medians, traffic islands, and other City properties within each Project Area, as required by an established Maintenance Schedule. The Contractor is responsible for mowing all areas, removing all trash and litter from each Project Area, edging all curbs and sidewalks, and trimming all turf along pavement (including expansion cracks extending two (2) feet onto the pavement, curbs, on or around signs, posts, guard rails, sidewalks, and other obstacles). II. DEFINITIONS The Following terms as used in this Agreement shall have the meanings assigned to them: 1. Call Back. —When a Contractor is requested to return to a Project Area to correct Incomplete Work. 2. Chemical Trimming — 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. 3. Clumped Grass Cuttings — Any accumulation of cut grass that, on the day of mowing,exceeds six(6)inches in height.These clumps are typically found in areas where mowing equipment has turned,reversing directions. 4. Contract Manager — The duly authorized representative of the Park and Recreation Department,who shall monitor the Contractor's performance. 5. Cycle — Each time period in the mowing schedule for the mowing season. Each time period is defined by a beginning and ending date,during which all prescribed maintenance activities for each Project Area shall be completed. 6. Inclement Weather—Any 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 safely or in a manner that will not rut up or cause any damage to the turf. 7. Incomplete Work—The failure of Contractor to perform the Services in accordance with this Agreement. 8. Maintenance Schedule— The time periods established by the City for the mowing season within which all prescribed maintenance activities for each area shall be completed. ITB 18-0142 Grounds Maintenance of Right of Ways Page 51 of 86 9. Mowing Height—The setting of mowing equipment to cut grass to a height of two (2) inches for project areas designated for 7- or 14-day mowing Cycles, to a height of three (3)inches for project areas designated for 21-,or more,day mowing Cycles,or as specified by the Contract Manager. 10. Mowing Map—A geographical map or images showing designated areas where mowing should occur for each Project Area. 11. Mowing Season — The time period typically beginning in March and ending in late November as determined annually by the Park and Recreation Department. Note: Typically the mowing season will begin when high grass and weeds begin and the mowing season will end the latter part of November or after the first hard freeze. 12. Non-Mow Area — An area of land designated for wildflowers, flowers or natural regeneration of native grasses. 13. Ozone Action Days - The period from May Ist through October 31st (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 TX DOT highway information boards. 14. Project Area—The specific geographic area(s)of the City designated to receive specific grounds maintenance services. 15. Trash and Litter—Any debris within a Project Area including, but not limited to, paper, plastic,cans,bottles(including broken glass),cardboard,rags,bottle tops,tires,limbs and branches 4 inches or smaller in diameter, rocks, and other similar solid materials and foreign debris which is not intended to be present as part of the landscape.This is inclusive of the entire Project Area, including streets, sidewalks, curbs, hillsides, ditches, creeks, etc. In accordance with City Ordinance, garage sale signs found in median areas are also considered Trash and Litter. III. EQUIPMENT 1. Contractor shall have available all necessary equipment and materials upon arrival at a Project Area to perform the Services in this Agreement. 2. All equipment shall be in good repair at all times and be operated by responsible employees. 3. Contractor shall maintain sharp blades on all mowing equipment to cleanly cut,not tear, the blades of grass. 4. Contractor shall not store equipment on property owned by the City. Contractor shall remove all equipment from each Project Area immediately after completing the mowing and grounds maintenance. IV. GROUNDS MAINTENANCE AND TRIMMING 1. Contractor shall remove Trash and Litter,mow,edge,and trim every 7, 14,21,28,or 42 days during the Mowing Season,as specified in the Work Order. ITB 18-0142 Grounds Maintenance of Right of Ways Page 52 of 86 2. Contractor shall remove all Trash and Litter from the entire Project Area,prior to initiating any mowing. Failure to remove Trash and Litter prior to mowing will result in the Contractor being required to return to the site and remove all new Trash and Litter,as well as all Trash and Litter that was mowed over. Any paper, cans, or bottles (cut or broken) found during maintenance operations shall be completely removed from the Project Area immediately prior to proceeding with the maintenance of other areas.All Trash and Litter shall be disposed of by the Contractor at an off-site location procured by the Contractor at his/her sole expense. Contractor shall remove all garage sale signs and sales signs that are located in median or right of way areas. 3. Any areas that have been mowed must have Trash and Litter removed the same day the mowing occurs and mowed grass shall be blown or swept off of all curbs, gutters, sidewalks,trails,and other hard surfaces. 4. Contractor shall report any illegal dumping,no later than the next business day after its discovery,to the Contract Manager. 5. All grass shall be cut at the proper Mowing Height. The Contract Manager may make changes in the Mowing Height requirements. 6. Mowing below the proper Mowing Heights may result in scalping. The City may terminate this Agreement for Contractor's failure to mow at the proper Mowing Height. Contractor shall pay all costs to repair damage caused by improper Mowing Heights. 7. Upon completion, a mowed Project Area shall be free of Clumped Grass Clippings, windrows,and tire/track ruts from equipment.Turf shall be cut in a manner as to not scalp turf or leave areas of uncut grass. 8. Removal of cut grass from turf areas will not be required, unless otherwise specified by the Contract Manager.Care shall be taken to prevent discharge of grass clippings onto any surface, such as streets, curbs, gutters, parking lots, sidewalks, concrete pads, creeks, lakes,ponds,or adjacent properties. 9. Any materials discharged shall be removed prior to leaving the Project Area. 10. All structures,trees,poles,tables,signs,fences,and shrub beds,are to be trimmed closely, where applicable. All trimming must be completed on the same day as all mowing operations. Special care shall be taken when trimming around trees, as to not inflict damage to the bark of trees. 11. Trim guards should be used on line trimmers when working around trees and ornamental shrubs.All trimming shall be accomplished maintaining the required Mowing Height. 12. Trimming can be reduced by chemical edging,with prior written approval of the Contract Manager. ITB 18-0142 Grounds Maintenance of Right of Ways Page 53 of 86 13. Chemical trimming will not be acceptable for the edging of curbs or concrete sidewalks or trails. Chemical trimming for the edging to 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. 14. All vegetation in cracks, seams, and joints of paved areas such as sidewalks, medians, curbs, gutters (two (2) feet out from the curb), and driveways shall be cut down to the pavement surface during the completion of each mowing Cycle,where applicable. 15. Tennis courts and basketball hardstands shall be maintained free of all weeds and unwanted growth. The use of herbicides to control such growth is permitted, with prior written approval of the Contract Manager and in accordance with all applicable state laws and regulations. 16. Dead grass should be removed after any herbicide application. 17. 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. Contractor, or his/her representative, must have a copy of their pesticide license on file with the Park and Recreation Department Prior to the use of any herbicide. 18. Contractor will receive Mowing Maps and Work Orders outlining Non-Mow Areas. Contractor shall be responsible for informing Contractor's agents and employees of Non- Mow Areas. Contractor shall be responsible for damages to Non-Mow Areas caused by Contractor's agents or employees. 19. Contractor shall use reasonable care to avoid damaging buildings, equipment (including but not limited to irrigation heads and valve boxes), or vegetation on City or any other public or private property. 20. The Contractor shall assess the Project Area to be mowed, prior to starting, and make necessary adjustments to mowing methods in order to avoid cutting or damaging irrigation heads. 21. If the Contractor's failure to use reasonable care causes damage to any property, the Contractor shall replace or repair the damage, within 72 hours of notification, at no expense to the City. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost,which may be deducted from payments made to the Contractor. 22. Contractors are not to use any motorized equipment between 6 A.M. and 10 A.M. on Ozone Action 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. V. BLOWING OF GRASS/DEBRIS Chapter 12.5, Section 12.5-302,subsection(a)of the City Code provides that a person commits an offense if the person introduces or causes to be introduced into the MS4(Municipal Separate Storm Sewer System) any discharge that is not composed entirely of storm water. Contractor shall not blow grass ITB 18-0142 Grounds Maintenance of Right of Ways Page 54 of 86 clippings and other debris into creeks, lakes, ponds, or the adjoining street or roadway, or against fence lines. Mowing should be accomplished by discharging grass away from streets, parking lots, or other roadways. Any grass clippings deposited onto the sidewalk, fence line, gutter, or roadway, must be removed. Sidewalks,gutters,and roadways must be clean or have the appearance of being swept. VI. EDGING Edging of sidewalks,driveways,and curbs, shall be accomplished so that grass and weeds neither extend over the edge of the walks,trails,drives,or curbs more than 1/4 inch,nor cut back from the edge of walks,trails,drives,or curbs more than 1/4 inch. All concrete sidewalks,trails,curbs,walking paths,and steps must be mechanically edged,exposing the concrete surface.The Contractor may use a disc edger on a mower or similar device to edge the median as long as the produced edge meets the standard set forth in this section. All materials dislodged by edging shall be removed from the site or blown back onto grass areas,as to leave a clean appearance.Concrete sidewalks shall be edged on both sides. VII. TREES AND SHRUBS No pruning of any tree shall be permitted, unless specified otherwise in this Agreement. Broken limbs or tree debris,along with any trash or litter, shall be removed from ornamental flower and planting beds, as well as from the entire Project Area during each mowing Cycle. Mulch rings shall be reshaped prior to leaving a Project Area when dislodged by mowing equipment. Failure to replace damaged trees shall be considered a breach of this Agreement and the Contractor shall be assessed for damages. Slight or moderate damages to trees will result in assessment of damages. VIII. ASSESSMENT OF DAMAGES FOR DAMAGE TO TREES 1. The Contractor will check trees in the Project Area before work begins and report any damage to trees to the Contract Manager. 2. The Contract Manager will conduct random checks of the trees during the Term of the Agreement. 3. A check of all trees may be made by the City prior to the end of the Term or Renewal Term. City Forester,Contract Manager,and Contractor shall attend the inspection. 4. Damages shall be documented by memo to the City Forester with a copy to the contract file and the Contractor. 5. The Contractor may have the option of replacement or payment for severely damaged trees at a location to be designated by the Park and Recreation Department. Replacement shall be made on caliper inch per caliper inch basis,with a minimum size replacement tree of 2 inch in caliper. The Contractor shall be responsible for the planting,watering, mulching, and maintenance of replacement trees for a period not less than two years. 6. Any tree that does not survive the two year established period shall be compensated for by the Contractor to the Park and Recreation Department at a rate of$200.00 per caliper inch. 7. Damages shall be assessed at a rate of. $100.00 for each instance of slight damage to the tree(s),this is damage that may heal, examples include,but are not limited to, scaling of ITB 18-0142 Grounds Maintenance of Right of Ways Page 55 of 86 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 the tree(s),which in the opinion of the City Forester contribute to the poor health and reduced longevity of the tree, examples include, but are not limited to, scaling of the trunk into the cambial layer greater than 2" but less than 1/3 of 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 the payment of damages in the amount 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, scarring of the trunk to the cambial layer greater than 1/3 trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch greater than 1/3 trunk caliper.Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back according to the ANSI standards. Trees greater than 6"in caliper shall be measured using diameter at breast height(DBH). hi addition to any penalties or damages assessed by the Park and Recreation Department,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 removed due to damage caused by the Contractor shall be removed by the Forestry Section Tree Removal Contractor at the Mowing Contractor's expense. 8. Failure to replace or pay for damaged trees shall result in a breach of contract and the Contractor will be automatically assessed damages.Damages as described herein shall be deducted from payments otherwise due to the Contractor. IX. FOUNTAIN FEATURES AND SWIMMING POOLS 1. Edging shall be done in such a manner as to keep clippings out of water features. All clippings and trash must be removed from water features. 2. Maintenance at all fountain features will require turf areas to be mowed with grass catching equipment.If the Contractor fails to use grass catching equipment,the Contractor shall pay to the City the costs incurred by the City to clean up the site,including City staff time. The City may deduct these costs from any payments to the Contractor. X. PONDS,LAKES,AND CREEKS I. The Contractor will use care when mowing or edging around lakes, ponds, and creeks. Grass must be directed away from water,but does not have to be caught or removed from the area. 2. The Contractor shall pay to the City the costs incurred by the City to remove grass from ponds, lakes and creeks, including City staff time. The City may deduct these costs from payments to the Contractor XI. FENCES 1. The Contractor will use care when mowing or edging around fences.This includes metal, wood or other material fence. Grass must be directed away from fence,but does not have to be caught or removed from the Project Area. ITB 18-0142 Grounds Maintenance of Right of Ways Page 56 of 86 2. The Contractor will check fences in the Project Area before contract work begins. Any damage Contractor discovers shall be documented and reported to the Contract Manager by the Contractor. 3. The Contract Manager will conduct random checks of the fences during the contract period. 4. Damages shall be documented by memo to the Contract Manager with a copy to the contract file and the Contractor. 5. The Contractor may have the option of replacement or payment for severely damaged fences as determined in cooperation with Risk Management, Contract Manager and the fence owner. XII. HAZARDOUS CONDITIONS The Contractor is required to notify the Contract Manager immediately of any hazardous conditions and/or damage to City property. XIII. HARD SURFACE MEDIANS End caps or traffic islands within or adjacent to the Project Area, which are not specifically identified in these specifications, shall be deemed to be a part of the Project Area where Contractor shall perform Services. XIV. CONCURRENT CONTRACTS In the event that any one Contractor is awarded contracts for mowing more than one Project Area, the Contractor shall proceed with work simultaneously in all areas awarded. XV. SUPERVISION OF WORK CREW Contractor 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. XVI. STREET USE PERMIT 1. The Contractor will be required to obtain a "Street Use Permit' prior to starting work. Contact Parkway Services Division: 200 Texas Street,Fort Worth TX 76102 (817) 392- 6594 for inquiries regarding permit. 2. The Contractor shall be responsible for providing traffic control while performing Services in accordance with this Agreement, consistent with the provisions set forth in the latest edition of the "Texas Manual on Uniform Traffic Control Devices" and the Texas Transportation Code. ITB 18-0142 Grounds Maintenance of Right of Ways Page 57 of 86 3. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. XVII. WORK ORDERS 1. A Work Order shall consist of a written document, specifying the type of work, Contractor's name,Project Area,maintenance Cycle,beginning and end dates,price to be paid by the City and comments. 2. The Contractor shall not begin work on the Project Area until a Work Order is received by the Contractor from the City. 3. Failure to obtain a Work Order prior to beginning a maintenance Cycle may result in non- payment for work performed. 4. Electronic Work Orders — The City may utilize electronic work orders. ALL CONTRACTORS MUST HAVE THE TECHNOLOGICAL CAPABILITY TO USE THE CITY'S ELECTRONIC WORK ORDER SYSTEM. Contractors will be required to have high-speed access to the Internet in order to receive Work Orders and submit proof of compliance with Work Orders,including photographs of completed work. Minimum specifications required for electronic Work Orders are: a. Digital cameras capable of at least 1 mega-pixel with image resolution of 1280 x 1224 that adds date stamp on the face of the picture. b. A high capacity color printer capable of 200 imprints with map image per day. C. WIRELESS READY- The ability to accept Work Orders and send completed Work Orders from a mobile wireless device,laptop, or other similar equipment. i. Work Orders will be provided to Contractor(s) electronically via the Internet, and the City will receive completed Work Orders from the Contractor,with all required documentation,in the same manner. ii. Contractors will be responsible for ensuring and maintaining compatibility with the City's system. iii. The City reserves the right to accept or deny completed Work Orders that are submitted by any other means. d. CELL PHONE REQUIREMENTS i. Contractor shall have an Android or iPhone cellular telephone. ii. All cellular telephones used for contracted mowing shall have: a. An active internet and data plan able to support up to 10 gigabytes of data per month; b. An Android 8 or IOs 11, or better,operating system; ITB 18-0142 Grounds Maintenance of Right of Ways Page 58 of 86 C. A camera that can take pictures at 12 megapixels and up; and d. A storage capacity of 128 gigabits or more. C. Training— Contractor shall attend mandatory training as scheduled by Contract Manager for the electronic Work Order system. XVIII. SCHEDULING 1. SCHEDULES a. The Contractor shall submit a written Maintenance Schedule for each Project Area Prior to the end of the first mowing Cycle. The City of Fort Worth has the right to require the Maintenance Schedule to be submitted electronically, including through an electronic Work Order system utilized by the City, or by a City approved cell phone application. b. Upon approval by the Contract Manager, the Contractor shall comply with the written Maintenance Schedule throughout the mowing season. The next mowing Cycle Work Order will not be issued until a new written Maintenance Schedule is received for the next mowing Cycle in accordance with subsection a. C. If the Contractor expects to vary from the schedule,the Contractor shall notify the Contract Manager of the variation in advance and specify an alternate Maintenance Schedule.Alternate Maintenance Schedules are subject to approval by the Contract Manager. 2. CHANGES IN SCHEDULES a. The Contract Manager has the authority to alter, cancel, or reassign to another Contractor scheduled mowing Cycles on a week-to-week basis.The changes will be based upon need, weather conditions, and available funding. The Contractor will be notified by email of such changes. b. The City reserves the right to perform grounds maintenance operations during cancelled or altered Cycles. C. The Contract Manager may change the frequency of grounds maintenance Cycles based on maintenance needs. 3. COMPLETION SHEETS a. The Contractor must use the most recent format or version of the completion sheet provided by the Contractor Manager at all times. The Contractor will submit daily completions using the new electronic work order system upon implementation by the City. b. The Contractor shall submit each day's completions that are ready for inspection within the first regular work day after the maintenance is completed. ITB 18-0142 Grounds Maintenance of Right of Ways Page 59 of 86 C. Failure to submit an approved version of the completion sheet or obtain approval for any delay from the assigned Contract Manager on the next regular work day after work is completed will result in the Contractor not being paid for the work performed. XIX. PERFORMANCE 1. Upon issuance of a Work Order,the Contractor shall begin work and shall proceed with all reasonable dispatch to complete it.The Contractor shall maintain the same schedule as the one submitted to the Contract Manager at the beginning of the Mowing Season. 2. The Contractor will be required to maintain all Project Areas assigned during the maintenance Cycles. 3. Inclement Weather may result in the cancellation of a mowing Cycle only if the Contract Manager determines that there was an insufficient time period available during the mowing Cycle for the Services to be performed. Contractor shall not be paid for any cancelled mowing Cycle. 4. The Contractor may be required to return to maintain specific locations due to Incomplete Work. Any such Call Back must be completed within three (3) calendar days of the request. Failure to complete work identified in the Call Back will result in non-payment for the Incomplete Work. 5. Contractors performing a Call Back within 3 calendar days must complete all items deemed unacceptable in the first inspection of the original scheduled mow. Failure to do so will result in non-payment for Incomplete Work. 6. Contractor will ONLY be paid for work actually completed during the established mowing Cycle,unless due to weather or other valid reason which the Contract Manager has granted an extension to the scheduled mowing Cycle. 7. Failure to complete work in accordance with the approved schedule, Call Back and/or submitted completion sheets within the required timeframes may result in Contractor paying to the City the City's cost in correcting the work or termination of the Agreement. 8. If the City determines that the work is not acceptable and the issue is not resolved within three (3) calendar days of the City's request to correct the work,the City has the right to reassign the work to another contractor or perform the work with City personnel. Should the work be assigned to another contractor or completed by City personnel,the Contractor shall pay to the City the City's cost for paying another contractor to perform the work or for City staff to perform the work. Such amounts may be deducted from any invoices paid by the City to Contractor. XX. PHOTOGRAPHIC EVIDENCE ITB 18-0142 Grounds Maintenance of Right of Ways Page 60 of 86 1. The Contractor is responsible for providing before and after photographic evidence of all Project Areas completed. Upon implementation of an electronic Work Order system by the City,the photographs must be submitted through the electronic Work Order system. 2. All photographs must be time and date stamped. 3. Inspection reports documenting Incomplete Work or poor performance will have photographic evidence attached. The Contractor's response will include photos of the precise location of the corrected work, framed with the same background as the original inspection photograph. 4. Failure to provide photographic evidence upon request will result in non-payment for the service location until proper photographic evidence is submitted to the City. XXI. POINT OF CONTACT 1. For accessibility,the Contractor shall designate at least one(1)person as Point of Contact with a current office phone number or cell phone number and an E-mail address. 2. The Contractor's Point of Contact shall respond to calls, voicemails, and E-mails within one (1)hour during normal business hours. 3. The person designated as the Point of Contact shall be identified in the bid submittals. 4. Notification of any changes in contactor's contact number or personnel shall be emailed to CFWMowingkFortWorthTexas.gov or hand delivered to the Contract Manager within 3 business days of the change. XXII. ON-CALL MOWING To keep the quality of mowing in the City of Fort Worth at a sufficient level, and to address the failure of mowing contractors to perform adequately, the City will have areas needing complete or spot mowing on an individual or reoccurring basis. In order to provide mowing contractors with additional work,the City will provide selected contractors the opportunity to take on these additional projects. 1. The City may request Contractor to mow on-call mowing areas at pricing equivalent to comparable areas in Contractor's awarded contract or prices submitted by Contractor in the bid solicitation. 2. Contract Manager will approve contractor's submitted price for the job before work begins. 3. Pricing exceeding Contractor's comparable Project Areas or solicitation pricing must be approved by the Contract Manager. 4. Contractor has the right to decline or accept On-Call Mowing work. ITB 18-0142 Grounds Maintenance of Right of Ways Page 61 of 86 5. In the event the Contractor accepts the On-Call Mowing work,Contractor will be issued a Work Order for the On-Call area identifying the work to be performed,the number of times performance is required and the agreed upon price. 6. No one contractor is granted exclusive rights to On-Call Mowing projects or have first rights of refusal in the event service is requested again. 7. Contractors cannot fail to perform on their currently contracted mow Cycle in order to perform On-Call Mowing projects. 8. Should a scheduling conflict arise between the On-Call project and a previously contracted mow area,contractor must notify Contract Manager immediately and decline the On-Call project. XXIII. MEETINGS Contactor will attend mandatory informational meetings scheduled by Contract Manager to support City of Fort Worth mowing initiatives. ITB 18-0142 Grounds Maintenance of Right of Ways Page 62 of 86 EXHIBIT D INSURANCE 1. The Contractor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement. The Contractor shall file with the City of Fort Worth Purchasing Division, prior to the commencement of services, a certificate of insurance documenting the following required insurance 1.1 Failure to provide such information within five (5) calendar days of a request by the City may be grounds for termination of the Agreement. 2. Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City.In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Contractor to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 3. Statutory Workers' Compensation Insurance and Employer's Liability Insurance at the following limits: $100,000 Each Accident $500,000 Disease—Policy limit $100,000 Disease—Each Employee This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act(Art. 8308—1.01 et seq.Tex.Rev.Civ. Stat.)and minimum policy limits for Employers' Liability of$100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and$100,000 per disease per employee. 4. Commercial General Liability Insurance including Explosion, Collapse, and Underground Coverage shall be provided as follows: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Coverage shall include but not be limited to the following: premises/operations, independent Contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis,and as comprehensive as the current Insurance Services Office (ISO)policy. 5. Auto Liability Insurance shall be provided as follows: $1,000,000 Combined Single Limit Each Accident A commercial business policy shall provide coverage on "Any Auto",defined as autos owned, hired and non-owned. 6. The Contractor shall furnish the Purchasing Manager a certificate of insurance documenting the required insurance prior to the commencement of Services. ITB 18-0142 Grounds Maintenance of Right of Ways Page 65 of 86 7. At each renewal period, Contractor shall furnish the Purchasing Manager and the Contract Manager, with a current certificate of insurance documenting the required insurance within ten (10)days after accepting the renewal. 8. Policies shall be endorsed to provide the City of Fort Worth a thirty- (30) day notice of cancellation,material change in coverage,or non-renewal of coverage. 9. Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear(ATIMA). 10. ADDITIONAL INSURANCE REQUIREMENTS 10.1 The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. 10.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be received before Contractor can begin work. Failure to supply and maintain such insurance shall be a breach of contract. Contractor shall provide complete copies of all insurance policies required by this Agreement. Certificates of insurance must be supplied to: Financial Management Services Department Attention: Purchasing Division Bid No. 200 Texas Street Fort Worth,Texas 76102 10.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the City a minimum 30 days' notice of cancellation, non- renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall be acceptable in the event of non-payment of premium. 10.4 Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. 10.5 Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 10.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. 10.7 Workers' compensation insurance policy(s)covering employees of the Contractor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 10.8 City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 10.9 Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. ITB 18-0142 Grounds Maintenance of Right of Ways Page 66 of 86 10.10 While the Agreement is in effect, Contractor shall report, in a timely manner, to the Purchasing Division any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. 10.11 Contractor's liability shall not be limited to the specified amounts of insurance required herein. 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ALL CONTRACTORS MUST HAVE THE TECHNOLOGICAL CAPABILITY TO USE THE CITY'S ELECTRONIC WORK ORDER SYSTEM. Contractors will be required to have high-speed access to the Internet in order to receive Work Orders and submit proof of compliance with Work Orders, including photographs of completed work. Please answer yes or no for each question below: Mowing crew access to digital cameras capable of at least 1 mega-pixel with image resolution of 1280 x 1224 that adds date stamp on the face of the picture. Yes. No Admin access to high capacity color printer capable of 200 imprints with map image per day. Yes. No Mowing crew and Admin ability to accept work orders and send completed work orders from a mobile wireless device, laptop, or other similar equipment. Yes. No Mowing Crew access to Android or iPhone cellular telephone, active internet and data plan able to support up to 10 gigabytes of data per month, camera that can take pictures at 12 megapixels and storage capacity of 128 gigabits or more Yes. No Print Name Signature Date ITB 18-0142 Grounds Maintenance of Right of Ways Page 84 of 86 ATTACHMENT J — COMPANY INFORMATION Company's Name: Company's Corporate Address: Company's Local Office Address: Phone: Fax: E-mail: Monitored 24/7 Emergency Contact Phone Number: Normal hours of operation: Weekdays Weekends Name of Designated Manager for this Agreement: Manager's contact information(phone and email): Manager's dates of employment with company: Manager's years of grounds maintenance: Manager's years of supervisory experience with company: Number of year's company has provided established mowing services_ Number of crews Number of persons per crew _ Number of skilled labor Number of non-skilled labor Are you able to mobilize additional crews as needed__Yes_ No Explain (use more paper if needed) Print Name Signature Date ITB 18-0142 Grounds Maintenance of Right of Ways Page 85 of 86 NO BID SHEET FOR BID NO: 18-0142 Jeff Cope, Senior Buyer Purchasing Division (817)392-8313 Fax No. (817)392-8440 E-mail address:ieff.cope(cDfortworthtexas.gov If your firm has chosen not to submit a bid for this procurement, please complete this form and submit to: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 Please check the items that apply: aDo not sell the item(s)required. aCannot be competitive. aCannot meet the Specifications highlighted in the attached Bid. aCannot provide Insurance required. aCannot provide Bonding required. aCannot comply with Indemnification requirements. aJob too small. aDo not wish to do business with the City. aOther reason. _ Company Name: Authorized Officer or Agent Signature:_ Telephone: ( ) FAX Number: ( ) ITB 18-0142 Grounds Maintenance of Right of Ways Page 86 of 86 FORT WORTH, ADDENDUM TO INVITATION TO BID NO. 18-0142 GROUNDS MAINTENANCE OF RIGHT OF WAYS FOR PARK&RECREATION DEPARTMENT CITY OF FORT WORTH PURCHASING DIVISION ADDENDUM NO. 1 DATE ISSUED: FEBRUARY 20, 2018 INVITATION TO BID NUMBER(ITB): 18-0142 BID OPENING DATE: March 8, 2018 (UNCHANGED) ITB No. 18-0142, issued February 7, 2018, is hereby amended as follows: 1. Add previous bid tab Attachment K for Bid No. 18-0142 2. Changed Non-Exclusive Mowing and Grounds Maintenance Services Agreement to Attachment H. 3. Changed Section 14.1 email address to FMSPurchasingResponses(ailfortworthtexas.gov and added ieff.cope(cDfortworthtexas.gov. All other terms and conditions remain unchanged. Je 'Cope SENIOR BUYER ................................................................................ By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above referenced Invitation to Bid. COMPANY NAME: SIGNATURE: NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. FoRTWoRTH, ADDENDUM TO INVITATION TO BID NO. 18-0142 GROUNDS MAINTENANCE OF RIGHT OF WAYS FOR PARK& RECREATION DEPARTMENT CITY OF FORT WORTH PURCHASING DIVISION ADDENDUM NO. 2 DATE ISSUED: MARCH 5,2018 INVITATION TO BID NUMBER(ITB): 18-0142 BID OPENING DATE: March 8,2018 (UNCHANGED) ITB No. 18-0142, issued February 7, 2018, is hereby amended as follows: 1. Add Miles for the following.locations on Grounds Maintenance Location Price Sheet, Attachment G: a. Location No. 12-700-800 Berry b. Location No. 46—4100 Cockrell c. Location No. 144— 10, 10 0-10800 Race/Forest Hill Everman d. Location No. 145-Rancho Verde Pkwy to Posada e. Location No. 184— 11300 Tiger Trail f. Location No. 186—2400 University g. Location No. 187—717 Verna Trail All other terms and conditions remain unchanged. Jeff Cope SENIOR BUYER ................................................................................ By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above referenced Invitation to Bid. COMPANY NAME: SIGNATURE: NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. — Exhibit C-Contractor's Response to City of Fort Worth ITB No. 18-0142 FORTWORTH® CITY OF FORT WORTH PURCHASING DIVISION INVITATION TO BID NO.18-0142 SEALED BIDS FOR GROUNDS MAINTENANCE OF RIGHT OF WAYS BID OPENING DATE: MARCH 8, 2018 For further information contact: Jeff Cope, Senior Buyer FAX(817)392-8440; FMSPurchasin-qResponsesMortworthtexas.gov INSTRUCTIONS TO BIDDERS Bids are solicited for furnishing the merchandise, supplies, services and/or equipment set forth in this Solicitation. Completed Bids (one executed original and one USB drive) must be received in the Purchasing Office by 1:30 P.M., March 8,2018,and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Bids must be returned in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager, City of Fort Worth and have the bid number, closing date, and company name clearly marked on the outside envelope.oid§— should be mailed or hand delivered to the foilowina address: Purchasing Division, Lower Level, Municipal Building 200 Texas Street Fort Worth,Texas76102 *Bids to be delivered by special courier(i.e.Federal Express,Special Delivery etc.)are to be marked "BID MUST BE DELIVERED TO PURCHASING DIVISION BEFORE 1:30 P.M.': in order to be considered.Late bids will be returned;they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered,amended or withdrawn after the official opening.The undersigned agrees, if the bid is accepted,to furnish any and all items upon which prices are offered, at the price(s)and upon the terms and conditions contained in the specifications.The period for acceptance of this bid will be 90 calendar days after the bid opening date unless thebidder submits a different date.(_days). I have read and agreed with the attached Terms and Conditions, Instruction to Bidders and the Invitation to Bid requirements.Failure to complete the requested information below may result in rejection of your bid. Principal Place of Business(Defined as at least havingone permanent active business office and employee located inTexas) Compan Name and Address Company's Authorized Agent hkkAO n,\ Il"k nc Signature: Federal ID Number(TIN)or'15..9 2110 Name and Title (Typ d) Social Security Number and Legal (� ✓q e,�� Telephone Number Date: Fax Number .'L &% to Email address: Cooperative Purchasina: Should other Governmental Entities decide to participate in this contract,would you,the Ven or,agree that all terms,conditions,specifications,and pricing would apply? Yes V No If you,the bidder checked"Yes",the following will apply: Governmental entities utilizing Inter-Governmental Contracts with the City of Fort Worth will be eligible, but not obligated, to purchase material/services under this contract(s)awarded as a result of this solicitation. All purchases by Governmental Entities other than the City of Fort Worth will be billed directly to that Governmental Entity and paid by that Governmental Entity.The City of Fort Worth will not be responsible for another Governmental Entity's debts. Each Governmental Entity will order its own material/services as needed. Jack Dale,JD,CPPO Purchasing Manager Page 1 of 1 BID SOLICITATION Printed:02/05/2018 BID,.OPr=NING,DATE ANDiTIME .,y ti 31812018440-00 PM'4'' .BIDNUII�BER, 0 �� BUYER:Jeff Cope PHONE#: (817)392-8313 E Vendor Name:Letwei •6-6 1 �� `• H City of Ft Worth ND Address: PO. 3W8 5 P STE 2004200 TH FREEWAY OR City,State Zip Code: I 3 T FORT WORTH TX 76115 O Item Class-Item Quantity Unit Unit Price Total 1.000 The City of Fort Worth seeks bids from qualified vendors to establish an annual agreement for Right of Way maintenance for the Park and Recreation Department per the attached specifications.The term of the agreement shall be for a one-year period,with four options to renew for additional one-year periods. A Pre-Bid conference will be held at 10:00 AM,Wednesday,February 14, 2018,at the Park&Recreation Department Conference Room 1 located at 4200 South Freeway,Fort Worth,Texas,76114.Conference call number 1-650-479-3208-Access Code 625 429 518 FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL IMPACT A POTENTIAL VENDOR'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE.ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. SUBMIT PRICES ON THE BID LOCATION AND DETAILED PRICE FORM LOCATED WITHIN THE BID PACKAGE.ALSO,INCLUDE OVERALL TOTAL FOR EACH SECTION ON THE BID SOLICITATION SHEET. v 2.000 Grounds Maintenance for South West right of way locations,per attached 1 EA 2� o 10 o specifications. Enter Grand Total Annual Cost from grounds maintenance locations price sheet. TOTAL: �C WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED'AT THE PRICES �SIHOWN.QUOTE TERM OF PAYMENT: MUST BE HELD FIRM FOR PERIOD OF90 DAYS. COM ANY: l�IiVn PL1.11 V &nA%CP) Ir- DELIVERY: -Y7 SIGNATURE: TELEPHONE NUMBER: NAME AND TITLE: (71� ITB 18-0142 Grounds Maintenance of Right of Ways Page 3 of 86 Wb1 Q ADDENDUM TO INVITATION TO BID NO.18-0142 GROUNDS MAINTENANCE OF RIGHT OF WAYS FOR PARK&RECREATION DEPARTMENT CITY OF`FORT WORTH PURCHASING DIVISION ADDENDUM NO.1 DATE ISSUED: FEBRUARY 20,2018 INVITATION TO BID NUMBER(ITB): 18-0142 BID OPENING DATE: March 8,2018(UNCHANGED) ITB No. 18-0142, issued February 7,2018, is hereby amended as follows: 1. Add previous bid tab Attachment K for Bid No. 18-0142 2. Changed Non-Exclusive Mowing and Grounds Maintenance Services Agreement to Attachment H. 3. Changed Section 14.1 email address to FMSPurchasingResponses cOfortworthtexas.gov and added jeff.cope(,fortworthtexas.goy. All other terms and conditions remain unchanged. �Je Cope SENIOR BUYER son rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrirrrrrrrrr■ By the signature affixed below,Addendum No. 1 is hereby incorporated into and made part of the above referenced Invitation'to Bid. 1 COMPANY NAME: LGS,v rx �u ` 0,::)ef-\.I1 W VIC. - SIGNATURE: NOTE: Company name and signature must same as on the original bid documents. Failure to return this form with your sealed bid may con ' to goo ds for rejection of your offer. ADDENDUM TO INVITATION TO BID NO.18-0142 GROUNDS MAINTENANCE OF RIGHT OF WAYS FOR PARK&RECREATION DEPARTMENT CITY OF FORT WORTH PURCHASING DIVISION ADDENDUM NO.2 DATE ISSUED: MARCH 5,2018 INVITATION TO BID NUMBER(ITB): 18-0142 BID OPENING DATE: March 8,2018 (UNCHANGED) ITB No. 18-0142, issued February 7, 2018, is hereby amended as follows: 1. Add Miles for the following.locations on Grounds Maintenance Location Price Sheet, Attachment G: a. Location No. 12-700-800 Berry b. Location No.46—4100 Cockrell c. Location No. 144—10, 10 0-10800,Race/Forest Hill Everman d. Location No. 145=Rancho Verde Pkwy to Posada e. Location No. 184—11300 Tiger Trail f. Location No. 186—2400 University - g. Location No. 187—717 Verna Trail All other terms and conditions remain unchanged. Jeff Cope SENIOR BUYER ■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr■ By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above referenced Invitation to Bid/. - D COMPANY NAME: L ,�>" SIGNATURE. NOTE: Company name and signatureust be the sa on the original bid documents. Failure to return this form with your sealed bid may cons i u e grounds for rejection of your offer. � 0 1 of W A ,� t �� O O/ cL t; en a O O Ln D n .4 -1 m m m n m 0) m N N to m m m n N rn m ono. n4 m m LD Ol (1) 00 C31N 1- N N N m z n v`n c v v m v �n m Z v n � J LU 00 N 00 m M m N NLn Ol n n n ~ N m n0 m0 M ~ n n n �nl. 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LL Y cw° m c c O c o E w o o m o m c a) o m O w Z _ Y N � O ov �� =0 ;S c aoi �+ NL° w �' E a) J �a ,.� N O N O C 3 0 F O Q O mp Q Q o o. c °oo c o d o m m f� Ea L � ° ._ oo c m � m �' L 2 C � u a c 0 o a o m p N a) =as aLord °yo00 E o � oo�m a?) m NoN .Y Qp aN �o av r_L w Q) o nO N Y J O o•O N E -6od Z � Fo E - o c E N° Co w y c cu N E0 m v v ► W n w _ m F ul coca l6 Loy O -p-p O L ` N u) w inU F— o p N al y (D ymv wE Np Yeo oLm � (` coa -p CO jO LO N O 0 p a) �W O O O O � W F- W Z Z 0 O W W W 0 t� h J J W W W Q Z Z U m m m O O p uW, Q W 3 L W p m v � J 7 Q Z � ZZZ W U) o Q w O O V J yo U) 7 7 Q E v 00 `r o 0 0 z �' O cq V o0 � O O u M Lq N N ~ C o0 A rn in a` in C 0 .0 (D ^ W O O N cn V (' m E o> rn rn o 0 0 0 0 0 C N N N N N N J Z t SGN 1c G 't Alc- CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code, Del,Received by a vendorwho has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filedwith the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. 1J Name of vendor who has a business rel tlonship with local governmental entity. N �- 2 Check this box if you are filing all update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the Information In this section Is being disclosed. Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the vendor? ElYes F-1 No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? E-Iyes E-1 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more? F-1 Yes E-1 No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 Signa vendor doing twsln tth the go mental entity Date Adopted 817/2015 ITB 18-0142 Grounds Maintenance of Right of Ways Page 22 of 86 FORTWORTH, ATTACHMENT B-VENDOR CONTACT INFORMATION Vendor's Name: nn SCPInc . Vendor's Local Address: 312. VN ✓ (JIL 2 �� Phone: 4Z3.ZZ25 Fax: RI-?• 2C13• 4-71e-/ Email: bu . to n4 Name of per ns o contact when placing an order- Name/Title ytq 0)11 — pay at Phone: l] . Fax: 1 Email: lawn eoro'cP . Name/Title MOM AliM 6Virr ✓`es '' Phone: 91-)- Z 3 Fax: 01 ' 21? ' 43 o, Email: a� I I Name/Title lv a. C-iome-z- 1 eY' Phone: O [' Q3. 7. -�) Fax: sm •Z"t'J ' Email: I ]til Signature Printed Nam Date ITB 18-0142 Grounds Maintenance of Right of Ways Page 23 of 86 ATTACHMENT C -REFERENCE SHEET Vendor's shall furnish the following information with their bid,for at least three(3)current customers to whom subject services were provided that are similar to the requirements stipulated in this Request for Quotes. 1. Company's Name 3:ue A cwC� Name of Contact Title of Contact: Present Address City, State,Zip Code Telephone No. Fax No. Email Address: Type of Services Provided: 2. Company's Name Name of Contact Title of Contact: Present Address City, State,Zip Code Telephone No. Fax No. Email Address: Type of Services Provided: 3. Company's Name Name of Contact Title of Contact: Present Address City, State,Zip Code Email Address: Telephone No. Fax No. Type of Services Provided: ITB 18-0142 Grounds Maintenance of Right of Ways Page 24 of 86 Lawn Patrol Service, Inc. P.O. Box 330895 Fort Worth, TX 76163 4�, wit til �o w References JonEric D. Eubanks City of Fort Worth Neighborhood Liaison Neighborhood Services 1000 Throckmorton St. Fort Worth, TX 76102 Phone: 817-392-5815 Cell Phone: 682-201-8848 E-Mail: Jon Eric.Eubanks(cD-fortworthtexas.gov Denise Davenport-Ford City of Fort Worth Contractor Inspector Park and Recreation Department 4200 South Freeway, Suite 2200 Fort Worth, TX 76115 Phone (817) 392-5478 E-Mail: Denise.Dave nporta-fortworthtexas.gov Randy Villarreal City of Arlington Park Services Supervisor Mail Stop 36-0100 1000 W. Bardin Rd. Arlington, TX 76017 Phone (817) 459-6211 Fax (817) 557-1626 E-Mail: Randy.Villarreal(aD-arlingtontx.gov Phone 817.423.2273 Fax 817.293.4769 www.lawnpatrolservice.com ATTACHMENT D-CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth,Texas. a. Do you have a Fort Worth office? If yes, identify address: �s ��12 w mob✓ `fy- (Q( �3 ZF b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Woo all mean payable at the Fort Worth office. [must exceed 50%] "69P. 2. Economic Development opportunities resulting from contract. f� a. Number of Fort Worth resident-employees? �y b. Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by company(for prior tax year—Fort Worth office or former location, if Fort Worth office is newly- established)? Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. (Company Name) (Date) Si nature) (Printeb Name and Iritle) ITB 18-0142 Grounds Maintenance of Right of Ways Page 25 of 86 ATTACHMENT E -LIST OF MACHINERY AND EQUIPMENT THE LISTED ITEMS OF MACHINERYAND EQUIPMENT ARE REPRESENTED AS PART OF THIS BID AND ARE AVAILABLE FOR USE IN PERFORMANCE OF THIS BID."BEING AVAILABLE"SHALL MEAN THAT THE EQUIPMENT IS OWNED OR UNDER THE CONTROL,THROUGH A LONG TERM LEASE OF AT LEAST ONE YEAR, OF THE CONTRACTOR SUBMITTING THISBID. UNITS TYPES OF EQUIPMENT ATTACH ADDITIONAL SHEETS AS NEEDED ITB 18-0142 Grounds Maintenance of Right of Ways Page 26 of 86 Lawn Patrol Service, Inc. P.O. Box 330895 Fort Worth,TX 76163 'Q�v=c���✓4 W EQUIPMENT LIST VEHICLES 2001- F350 Ford Pickup, Miles 227,131 2001- 1500 Dodge Ram, Miles 218,001 2001- 2500 Dodge Ram, Miles 176,319 2003- F150 Ford Pickup, Miles 41,351 2006- GMC 3500 Diesel, Miles 44,273 2007- GMC 3500 Diesel, Miles 44,273 2006- 2500 GMC Box Van, Miles 82,318 2008-GMC 1500 Pickup, Miles 39,286 2007- GMC 2500 Pickup, Miles 23,439 2009-GMC 2500 Diesel, Miles 31,217 2006- 2500 GMC Pickup, Miles 176,319 2006- Isuzu 3500 Box Van, Miles 76,330 2008-Ford Ranger Truck, Miles 55,000 2007-F250 Ford Pickup, Miles 77,000 2005-F250 Ford Pickup, Miles 67,000 2005-F250 Ford Pickup, Miles 64,000 2001-2500 Dodge Ram, Miles 33,000 2003- GMC Box Van, Miles 99,126 2007- F350 Flatbed Truck, Miles 52,365 ZERO TURNS (6)-60" Gravely Zero Turn Mowers (2)-72" Gravely Zero Turn Mowers (4)-52" Gravely Zero Turn Mowers (3)-2009-920A John Deere Zero Turn Mowers (1)-34" Gravely Zero Turn Mower (1 ) Zero Turn 72" Diesel 997 TRACTORS (1 )-2009-6100D John Deere Tractor w/15' cutter, Hours 391 (1 )-2015-5083 John Deere Tractor w/15' cutter, Hours 225 (1 ) 2015-5083 John Deere Tractor w/15' cutter, Hours 300 Phone 817.423.2273 Fax 817.293.4769 www.lawnpatrolservice.com Continue... (1)-2006-5403 John Deere Tractor w/7' cutter, Hours 827 (1)-2007-4105 John Deere Tractor w/6' cutter, Hours 673 (2)-2012-4105 John Deere Tractor w/6' cutter, Hours 225 (1)-2010-5093 John Deere Tractor w/ 15ft cutter, Hours 847 (1) Toro 4000 D 1 1 Ft. Batwing, Hours 40 (1) Toro 4000 D 1 1 Ft. Batwing, Hours 218 TRAILERS (4)-20 FT. Gooseneck Trailers (1)-Dump Trailer (13)-Landscape Trailers OTHER EQUIPMENT (50)-Stihl Trimmers (10)-Stihl Edgers (1)-200 Gallon Herbicide Sprayer I ATTACHMENT I—TECHNOLOGY CAPABILITY Electronic Work Orders—The City may utilize electronic work orders.ALL CONTRACTORS MUST HAVE THE TECHNOLOGICAL CAPABILITY TO USE THE CITY'S ELECTRONIC WORK ORDER SYSTEM.Contractors will be required to have high-speed access to the Internet in order to receive Work Orders and submit proof of compliance with Work Orders, including photographs of completed work. Please answer yes or no for each question below: Mowing crew access to digital cameras capable of at least 1 mega-pixel with image resolution of 1280 x 1224 that adds date stamp on the face of the picture. Yes. No Ad*access to high capacity color printer capable of 200 imprints with map image per day. Yes. No Mowing crew and Admin ability to accept work orders and send completed work orders from a mobile WY01ess device, laptop, or other similar equipment. Yes. No Mowing Crew access to Android or iPhone cellular telephone, active internet and data plan able to support up to 10 gigabytes of data per month, camera that can take pictures at 12 megapixels and storage capacity of 128 gigabits or more Yes. No I Print Name Q L4 le Signature Date ITB 18-0142 Grounds Maintenance of Right of Ways Page 84 of 86 ATTACHMENT J —COMPANY INFORMATION Company's Name: ?g6 fo Selrw'ce,, Joe Company's Corporate Address: q LY- (Ck I Company's Local Office / [� Address: 31 Z 1� I�(/ �✓ /�• r I �b 3 1 Phone• ZZV Fax: 0(1 23. 1 7 ��' I�.j,23• _ _ `1� 1 LPf E-mail• * lawh0pl�If lP' CDItiI Monitored 2417 Emergency Contact Phone Number: S)7 '2 2Z- V J(5 Q Normal hours of operation: .UAM- r)'WP'q'll deekdays QS ed Weekends Name of Designated Manager for this Agreement: Manager's contact information(phone and email): 81 '? D 3 t 5 Manager's dates of employment with company: /Q Ct.9 Manager's years of grounds maintenance: Manager's years of supervisory experience with company: rZs. Number of year's company has provided established mowing services rt Number of crews 1 l) Number of persons per crew �OD Number of skilled labor Number of non-skilled labor L/57- Are Are you able to mobilize additional crews as needed Yes No Explain (use more paper if needed) Print Name 1 Signature Date 7�� ITB 18-0142 Grounds Maintenance of Right of Ways Page 85 of 86 FORT WORTH City of Fort Worth Minority/Women Business Enterprise M/WBE Subcontractors/Suppliers Utilization Form I FERO COMPANY NAME: Check applicable block to describe iCeOfferor PROJECT NAME: n� M/W/DBE T NON-M/W/DBE BID DATE tlants M010t94Pat lws -3 g Ik % City's MIWBE Project Goal: O or's MIWBE Project Co mitment: PROJECT NUMBER 15- % % 1 S - b t`-VZ Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications. MMBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of bid or the business has a Significant Business Presence in the Marketplace. Marketplace is the geographic area of Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties. Prime contractors must identify by tier level of all subcontractors/suppliers. Tier: means the level of subcontracting below the prime contractor/consultant i.e. a direct payment from the prime contractor to a subcontractor is considered 1St tier, a payment by a subcontractor to its supplier is considered 2nd tier. The prime contractor is responsible to provide proof of payment of all tiered subcontractors identified as a M/WBE and counting those dollars towards meeting the contract committed goal. ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency(NCTRCA)or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. If hauling services are utilized, the Offeror will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operated, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operated, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. ITB 18-0142 Grounds Maintenance of Right of Ways Page 30 of 86 FORT�WORT_H Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. M/WBE firms are to be listed first, use additional sheets if necessary. Please note that only certified M/WBEs will be counted to meet an M/WBE goal. NCTRCA N SUBCONTRACTOR/SUPPLIER ° Company Name T n Detail Detail Address i Subcontracting Supplies Telephone/Fax e B B M VY Work Purchased Dollar Amount Email r E E B Contact Person E Rpt C;ue l � 1 'D,�bvio�s' I nc - 45-7 341)2-5 $1-1Zlog- a lD ❑ ❑ ❑ ❑ ❑ ❑ ITB 18-0142 Grounds Maintenance of Right of Ways Page 31 of 86 FORTH Offerors are required to identify ALL subcontractors/suppliers, regardless of status;i.e.,Minority,Women and non-M/WBEs. M/WBE firms are to be listed first, use additional sheets if necessary. Please note that only certified M/WBEs will be counted to meet an M/WBE goal. NCTRCA N SUBCONTRACTOR/SUPPLIER ° Company Name T n Detail Detail Address i Subcontracting Supplies M W M Dollar Amount Telephone/Fax e B B VY Work Purchased Email r E E B Contact Person E El E El El El E] ITB 18-0142 Grounds Maintenance of Right of Ways Page 32 of 86 FoR�H Total Dollar Amount of M/WBE Subcontractors/Suppliers $ �7 5140 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ The Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office through the submittal of a Request for Approval o Change/Addition form. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The Offeror shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s) and any special arrangements with M/WBEs. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The Offeror agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the M/WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts.will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of the contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1)year. Authorize lgnature Prin ed Signature PY�s�dev� Title Contact Name/Title(if different) LAWA -PaW .� \Ce' nc . - P. (�►1�X423 zt. 3 F.C$��) `��3 u�ig Company Name Telephone and/or Fax UZ -PavK-Oew, )r- n e Ck" aero ;ce. wI.-A Address E-mail Address �D4 \do15 3 - 7_ k g City/State/Zip Date ITB 18-0142 Grounds Maintenance of Right of Ways Page 33 of 86 Q A, Xt I-W 4-A S cl L) +Z U) 4-o T, ® ° 61 LLJ CU c 0 CIO c: L) cn F >l ;,w CN co LL 0 0 m Q0 co co m C) CD E -0 a) r- tj U- m 4-j- �kbr� V�rj yj 4.0 6o C T— T 12-0 U) t e z A RECEIVED 03/06/2018 08:39AM Mar-06-2018 08:11 AM State Farm Companies 13096228064 114 DID OR PROPOSAL BOND 5tateFerm STATE FARM FIRE AND CASUALTY COMPANY BLOOM1NGYON,ILLINOIS KNOW ALL PERSONS 13Y THESE PRESENTS,THAT WE, LAWN pATROL SERVICE as principal,and STATE FARM PINE AND CASUALTY COMPANY,a Corporation organized under the laws of the State of Illinois and licensed to do business In the State of TUAs, ,as surety,are held and firmly bound unto CITY OF FORT WORTH as obligee,In the penal sum of FIVE PERC13NT 150 OF 310 AMOUNT _ DOLLARS(3 ------------L ) ,lawful money of the United States of Americo,for the payment of which,well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors and assigns,Jointly and severally,firmly by these presents. SIGNED,sealed and dated this BTH day of raAReH 1203.8 WHEREAS the sold principal Is herewith submitting proposal for LAW9 MAINTENANCE, MOWING, TRIMMINO NOW,THEREFORE,If the Obligee shell accept the bid of the principal within the period specified tharaln for acceptance (81) days if no period is speclflsd) and the principal shall enter Into a contract with the said Obliges In accordance with the terms of said bid and give bond for the faithful performance thereof within the period specified (30 days tf no period to specified);or If the Prinalpol shall,-In the case of failure to do so, Indemnify the Obllgaa against any We the Obligee may suffer directly arising by reason of such failure, not to exceed the penalty of this bond, then this obligation shall be null and void;otherwise to remain In full force and effect. LAWN HATROL OMMCE INC STATE FARM FIRE AND CASUALTY COMPANY By `x'1!1,1'A.'1 �: l'1!!-1/10 AnamapindaG P84M 100500 13770M 48.0040% -i y RECEIVED 03/06/2018 08:39AM Mar-06-2018 08:11 AM State Farm Companies 13096228064 314 Power of Attorney STATE FARM FiRE AND CASUALTY COMPANY KNOW ALL PERSONS BY THESE FRE8ENT8:That STAN FARM FIRE AND CASUALTY COMPANY,an Illinois corporetlon,with Iia principal office in Bloomington,Illinois,does hereby constitute and appoint:Eugina Brent.Amanda J.Clifton,Pamela Chancellor,Julle Fohrman,Kim Filter,Mark Flnk,Julie Freed,Mstthsw J.Gibbons,Jay W.H[endron,John R.Horton,Jeanette Hughes,Jwry Jacek,Susan K Johnson,Connie a.Knox,Leann Larnmel,Christine Moodonnell,Lori McDowell,Thomas P.Miller,Mellsaa L.Mortis,VW Redman,Suzanne M.Robertson,Alice 8ahular,Holdl Simmons,Maldt Stevens, Steven M.Straub,Perry'hcy.Kathy J.Welker,Karen weber,Kodi Yoder of BlocminoWn,Illinois Its true and lawful Attorney(,)-in-Fact,to make,execute. aaal and deliver for,and on Its behalf as surely,any and all bonds,underiskings or other wrlings obligatory in the nature of a bond as follows: Any such obligatkm in any amount This appointment Is made under and by the authority of a resolution which was passed by the`Exeautive Committee of the Board of Directors of State Form Fire and Casualty Company on the 81'day of September,2017,as is duly authorized by the Board of Directors In Artiale II,Section 6 of the By-Laws of the Company,which resolution Is: Resolved,that the Off)eer of the Company who works regularly with surety bonds is hereby authorized to appoint and empower any representative of the Company or other parson or persons as Attomey-In-Fact to execute on behalf of Ilia Company any bonds, undertakinea,policies,contracts of Indemnity or other writings obligatory in the nature of a bond,which the Company might execule through Its officers,and affix the seal of the Company thereto,Any sold execution of such documents by an Attorney-In-Fscf shall be as binding upon the Company as Uthey had been duly executed and acknowledged by the regularly elected or appointed officers of the Company.Any ANomey-In-Fact,so appointed,may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved,that the signature of any Ofioer of tho Compere+notid above and the seal of the Company may be affixed by feosimlle on an power of attorney granted,and the signature of the-any O cer of the Company noted above,and the seal of the Company may be off xed by facsimile to any oarlltloats of e�nnyy ouch power irid any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Orly,:etich power so executed and sealed and certificate so executed and sealed shall,with respect to any bond or undertaking to which It Is ajtiaohed,continue to be valid and binding on the Company. IN WITNESS THEREOF.,STATE FARM FIRE AND CASUALTY COMPANY hes caused this instrument to be signed by Ire Assistant Secretary Treasuter,apd itF Cbrporate Beal to be affixed this fie day of September,2417. This APPOINTMEW SHALL CEASE AND TERMINATE AUTOMATICALLY AS OF DECEMBER 31,2021,UNLESS SOONER REVOKED AS PROVIDED, s►!t!„ �, STATE FARM FIRE AND;7LTY COMPANY !f f Z�pP'*oAA is�t e�.,,....,.,AC 0. John Fj; n•Acslstent Secretaryace r r STATE OF ILLINOIS to 4. COUNTY OF MCLEAN On this 0 day of September,2017,before me personally elmsoh to me known,who being duly swum,did depose and say that he Is Assistant Seoretery Treasurer of STATE FARM FIRE AND CASUALTYr CL��the corporation described in and whlch executed the above Instrument, that he knows the seal of sold ocrporsUon;that the seal afllxed 10 sold instrument is such Corporate Seal.and that he executed sold Instrument on behalf of the corparatlon by autharity at his office under the 9y-Laws of sold corporation. o�FiC ALSEAL k+ouar�ria' ut:o�s 4'�' otary Public I,gt;oaksh�.fmbpr t."to,2Qi1 My commission explres August 30,2021 CERTIFICATE I,the undersigned Assistant Secretary Treasurer of STATE FARM FIRE AND CASUALTY COMPANY,do hereby certify that the original Power of Attorney of which the foMgolng le a true and conal cagy,is In full force and effect and hes not been revoked and the reoolutione as get forth are now in force, Signed end sealed steldomington,Illinois,Dated this a� day of R� `•� — — �f�p�weAa,1 5 Susan K,Johrteon iotantTreasurer If you have a question concerning the validity of this Power of Attorney,coli(309)709-2000, FONDQVIA Printed in U.S,A, (09-0e-2017} RECEIVED 03/06/2018 08:39AM Mar-06-2018 08:11 AM State Farm Companies 13096228064 2/4 ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS se. county of�� ' 9T1EVENS , In and for Bald county in the state aforesaid, do hereby certify that MLESSA L. MQRRae ,Attorney-in•Fact of STATE FARM FIRE AND CASUALTY GOMPANY of Siaomingtan, Illinola, a corporation duly organized and existing under the INA of the state of Illinois,personally know to me to be the same pereon whose name[a aubsoNhad to the foregoing instrument as Att,omay-In-Fact of STATE FARM FIRE AND CASUALTY COMPANY, appeared before me this day in person and acknowledged that he/ahe signed and dellvered the said instrument as his/her and State Farm Fire and Casualty Company's free and voluntary act for the uses and purposes therein set forth. Given under my hand and afficial seal thio OTH day of MARCH ole My commisslon Expires __ BCH 12 021 Year Notaryslgnetur. - -- i r-!i'•� !A EXHIBIT D INSURANCE 1. The Contractor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement. The Contractor shall file with the City of Fort Worth Purchasing Division, prior to the commencement of services, a certificate of insurance documenting the following required insurance 1.1 Failure to provide such information within five (5) calendar days of a request by the City may be grounds for termination of the Agreement. 2. Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City.In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Contractor to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 3. Statutory Workers' Compensation Insurance and Employer's Liability Insurance at the following limits: $100,000 Each Accident $500,000 Disease—Policy limit $100,000 Disease—Each Employee This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act(Art. 8308—1.01 et seq.Tex.Rev.Civ. Stat.) and minimum policy limits for Employers' Liability of$100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and$100,000 per disease per employee. 4. Commercial General Liability Insurance including Explosion, Collapse, and Underground Coverage shall be provided as follows: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Coverage shall include but not be limited to the following: premises/operations, independent Contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis,and as comprehensive as the current Insurance Services Office (ISO)policy. 5. Auto Liability Insurance shall be provided as follows: $1,000,000 Combined Single Limit Each Accident A commercial business policy shall provide coverage on "Any Auto",defined as autos owned, hired and non-owned. 6. The Contractor shall furnish the Purchasing Manager a certificate of insurance documenting the required insurance prior to the commencement of Services. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 24 of 26 7. At each renewal period, Contractor shall furnish the Purchasing Manager and the Contract Manager, with a current certificate of insurance documenting the required insurance within ten (10)days after accepting the renewal. 8. Policies shall be endorsed to provide the City of Fort Worth a thirty- (30) day notice of cancellation,material change in coverage,or non-renewal of coverage. 9. Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear(ATIMA). 10. ADDITIONAL INSURANCE REQUIREMENTS 10.1 The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. 10.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be received before Contractor can begin work. Failure to supply and maintain such insurance shall be a breach of contract. Contractor shall provide complete copies of all insurance policies required by this Agreement. Certificates of insurance must be supplied to: Financial Management Services Department Attention: Purchasing Division Bid No. 200 Texas Street Fort Worth,Texas 76102 10.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the City a minimum 30 days' notice of cancellation, non- renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall be acceptable in the event of non-payment of premium. 10.4 Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. 10.5 Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 10.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. 10.7 Workers' compensation insurance policy(s)covering employees of the Contractor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 10.8 City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 10.9 Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 25 of 26 10.10 While the Agreement is in effect, Contractor shall report, in a timely manner, to the Purchasing Division any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. 10.11 Contractor's liability shall not be limited to the specified amounts of insurance required herein. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 26 of 26