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�jjE*WST AMENDED AND RESTATED GROUNDS MAINTENANCE AT THE EAST DISTRICT
AGREEMENT
THIS FIRST AMENDED AND RESTATED GROUNDS MAINTENANCE AT THE EAST
DISTRICT 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 WHITMORE& SONS INC.,a Texas Corporation,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 Invitation to Bid No. 16-0328,the City solicited bids to award non-exclusive
services agreements to multiple bidders for mowing and grounds maintenance services in the City with an
aggregate amount of$145,611.00 for the first year 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 issued Purchase Order Numbers 16-00095454 and 18-00101117 in the name of
the Contractor to perform the services under the Invitation to Bid;
WHEREAS,City and Contractor wish to restate the terms of the Agreement;
WHEREAS, City will be implementing an Electronic Work Order System and City and
Contractor wish to amend the Agreement to include provisions relating to the Electronic Work Order
System;
WHEREAS,due to changes in state law and the City's processes, City and Contractor wish to
amend the Agreement to include those changes;
WHEREAS,City and Contractor previously agreed to extend the Agreement for the first renewal
term;
WHEREAS, City and Contractor desire to renewal the Agreement for a portion of the second
renewal term;
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Agreement,City and Contractor hereby agree to Amend and Restate the Agreement as follows:
SECTION 1
CONTRACT DOCUMENTS
The contract documents shall include the following:
I. This First Amended and Restated Grounds Maintenance at the East District Agreement
2. Exhibit A—City of Fort Worth Invitation to Bid No. 16-0328 (including any addendums)
3. Exhibit B—Contractor's Response to Invitation to Bid No. 16-0328
4. Exhibit C—Contract Specifications
5. Exhibit D—Insurance
First Amended and Restated Grounds Maintenance at the East district AgreemenEFT.WORTH,
RECsDR t of 26
Whitmore 1;r sons Inc. RETARY
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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 Exhibits A,B and C, which are attached hereto and incorporated herein for all
purposes. To the extent there is any conflict between the Contract Specifications contained in Exhibit C
and the specifications for performing the Services contained in Exhibit A, the provisions in Exhibit C
shall control.
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 Invitation to Bid {"ITB"}No. 16-0328 attached hereto as Exhibit A, and incorporated herein for
all purposes. Contractor further understands that the aggregate amount of all contracts awarded to multiple
contractors under ITB No. 16-0328 shall be an amount not to exceed$145,611.00,and the City makes no
promise or guarantee of the total amount of work that will be assigned to Contractor under this Agreement.
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 September 14, 2016 and expire on
September 13, 2017 (`Term"), unless terminated earlier in accordance with the provisions of this
Agreement. This Agreement may be renewed for up to four(4)additional one-year periods upon written
agreement of the City and Contractor.
City and Contractor have previously agreed to exercise the first renewal from September 14,2017
to September 13,2018. City and Contractor agree to exercise a portion of the second renewal term from
September 14,2018 to October 31,2018.
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.
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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
C F W Mowing @FortWorthTexas.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 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 (I) 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").
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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 obtain and maintain insurance in accordance with the insurance
requirements set forth in Exhibit D,which is attached hereto and incorporated herein for all purposes. To
the extent of a conflict between the insurance provisions contained in Exhibit D and the insurance
provisions contained in Exhibit A,the provisions contained in Exhibit D shall control.
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.
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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 FundingOut. 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.
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 Whitmore&Sons, Inc.
Park and Recreation Director 1501 Baccarac Court
4200 South Freeway,Suite 2200 Euless,Texas 76040
Fort Worth,Texas 76115
With copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth,Texas 76102
First Amended and Restated Grounds Maintenance at the East District Agreement Page 5 of 26
Whitmore&Sons Inc.
and
City Manager's Office
City of Fort Worth
204 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 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
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
First Amended and Restated Grounds Maintenance at the East District Agreement Page 6 of 26
Whitmore&sons Inc.
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
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 IS
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
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Whitmore&Sons Inc.
Contractor or City in connection with the right and obligations contained in the valid covenants,conditions
or provisions of this Agreement.
1.9.2 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.
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
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(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
(1-9). Upon request by City, Contractor shall provide City with copies of all 1-9 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, shalt have the right to immediately terminate this
Agreement for violations of this provision by Contractor.
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Whitmore&Sons Inc.
IN WITNESS WHEREOF, the parties have executed this Agreement in multiples in Tarrant
County,Texas.
EXECUTED to be effective on the dates set forth in Section 3.
CITY OF FORT WORT CONTRACTOR
Whitmore&Sons,Inc.
ernando Costa Na
Assistant City Manager Title:
Recommended
Trk0
d Zavala,Director
&.Recreation Department
APPROVED A5 TO FORM AND LEGALITY:
Richard A. McCracken
Assistant City Attorney
ATTEST: FOR?-Ix
-.%C)
J'a Kayser
City Secreta
M&C: P-1 1930
Date:9113115 k
Form 1295:2415-101532
Contract Compliance Manager:
By signing,i acknowledge that 1 am the person responsible for
the monitoring and administration of this contract,including all
performance and reporting requirements. OFFICIAL RECORD
CITY 3ECRr;TARy
FT,WORTH,TX
ame:
Title: e7s'�e ` CG•a..JIG*�.� �� .t�"
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EXHIBIT A
CITY OF FORT WORTH INVITATION TO BID NO. 16-0328
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EXHIBIT B
CONTRACTOR'S RESPONSE TO INVITATION TO BID NO.16-0328
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EXHIBIT C
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).
it. 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.
S. 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.
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9. Mowing Height—The setting of mowing equipment to cut grass to a height of two (Z)
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.
14. 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 1 st through October 31 st (Ozone
Season)of each year when ozone levels are critical.These days are determined by
the Texas Natural Resource Conservation Commission and are announced via
television,radio,and 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
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I. 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.
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.
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12. Trimming can be reduced by chemical edging,with prior written approval of the Contract
Manager.
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.
15. 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 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(CARB)revision#2 standards.
V. BLOWING OF CRASS/DEBRIS
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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
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 '/4 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.
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 shalt 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.
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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
the trunk into the cambial layer 1/2"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 6"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
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XI. FENCES
I. The Contractor will use care when mowing or edging around fences. This includes metal,
wood or other material fence.Crass 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
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(S 17)392-
6594 for inquiries regarding permit.
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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 ofcompleted
work. Minimum specifications required for electronic Work Orders are:
a. Digital cameras capable of at least 1 mega-pixel with image resolution of 1284
x 1224 that adds date stamp on the face of the picture.
b. A high capacity color printer capable of 204 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 iFhone cellular telephone.
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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 IDs 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.
e. 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
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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.
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.
S. 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
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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
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 on
the same day the photographed Project Area was mowed.Uploading Work Order system
photographs at a later date,other than the day it was completed,will not be considered as
evidence for payment.
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 )-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 CFWMowingcr,FortWorthTexas.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.
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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.
S. 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 perforin on their currently contracted mow Cycle in order to
perform On-Call Mowing projects.
S. 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.
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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.
5. The Contractor shall furnish the Purchasing Manager a certificate of insurance documenting the
required insurance prior to the commencement of Services.
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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(AT1MA).
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. 16-0328
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: Vll 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.
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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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FORT WORTH :
CITY OF FORT WORTH /PURCHASING DIVISION
INVITATION TO BID NO. 16-0328
EAST DISTRICT GROUNDS MAINTENANCE
BID CLOSING DATE: JULY 21, 2016
For further information contact: Cristina Camarillo, Buyer
FAX (817) 392-8440 cristina.cam ariIIo(a-)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 (1) executed original and one (1) copy) must be received in the
Purchasing Office by 1:30 P.M., July 21, 2016, and then publicly opened and read aloud at 2:00 P.M. in
the Council Chambers. Bids must be returned in a sealed 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 following address:
Purchasing Division, Lower Level, Municipal Building
1000 Throckmorton 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 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 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 resection of your
bid. Principal Place of Business (Defined as at least having one permanent active business office and
employee located in Texas).
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
Company Name Date
Telephone Number
Fax Number Email address:
Cooperative Purchasing: 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 Vendor checked "Yes", the following will apply: Governmental entities within Tarrant County
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 C.P.M., CPPO
Purchasing Manager
FORT TH.
HOW TO REGISTER WITH THE CITY OF FORT WORTH
=> Visit www.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 Fort Worth.
=> Follow through the screens by clicking Continue/Save at the bottom of each screen. The last
screen 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
order to keep your account active.
=> Enter a key word 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
PurchasingBSO(a�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
PurchasinciBSO(cDfortworthtexas.gov
ITB No. 16-0328, East District Grounds Maintenance
Page 2 of 41
Page 1 of 1
BID SOLICITATION
Printed: 06/29/2016
BID OPENING DATE AND TIME:
7/21/2016 1:30:00 PM
BID NUMBER: 16-0328
BUYER:Cristina Camarillo
PHONE#: (817)392-8355 ext.
DELIVERY REQUIRED:7/21/2016
V Vendor Name: S City of Ft Worth
E H
N Address: 1 4200 South Freeway, Suite 2200
D p FORT WORTH TX 76115-1499
O City, State Zip Code:
R T
O
Item Class-Item Quantity Unit Unit Price Total
1.000 The City of Fort Worth seeks bids from qualified contractors to establish an
agreement for east district grounds maintenance for the Park and
Recreation Department per the attached specifications.
SUBMIT PRICES ON THE PRICE SHEET,ATTACHMENT 5, LOCATED
WITHIN THE BID PACKAGE.ALSO, INCLUDE OVERALL TOTAL FOR
EACH SECTION ON THE BID SOLICITATION SHEET.
2.000 EAST DISTRICT MAINTENANCE,21 DAY, PER ATTACHED 1 EA
SPECIFICATIONS.
UNIT COST=TOTAL COST FROM PRICE SHEET,ATTACHMENT 5,
PAGE 32-33.
3.000 EAST DISTRICT MAINTENANCE,7 DAY, PER ATTACHED 1 EA
SPECIFICATIONS.
UNIT COST=TOTAL COST FROM PRICE SHEET,ATTACHMENT 5,
PAGE 32-33.
4.000 EAST DISTRICT POLICE FACILITIES, 14 DAY, PER ATTACHED 1 EA
SPECIFICATIONS. UNIT COST=TOTAL COST FROM PRICE SHEET,
ATTACHMENT 5, PAGE 34-35.
5.000 EAST DISTRICT POLICE FACILITIES,28 DAY, PER ATTACHED 1 EA
SPECIFICATIONS. UNIT COST=TOTAL COST FROM PRICE SHEET,
ATTACHMENT 5, PAGE 34-35.
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:
CITY OF FORT WORTH PURCHASING DIVISION
INSTRUCTIONS TO BIDDER
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 No. 16-0328, East District Grounds Maintenance
Page 4 of 41
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 No. 16-0328, East District Grounds Maintenance
Page 5 of 41
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" under"Auctions and Vendor Information"
5.0 SUBMISSION OF BIDS
5.1 Copies: Unless otherwise specified, Bidders are required to submit an executed
original and one (1) copy of the Bid.
5.2 Documents required with Bid: The following documents must be submitted with each
Bid prior to the Due Date:
5.2.1 The signed Offer and Award Sheet;
5.2.2 The Bid Sheet; 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, telegraphically, 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 confirm the time and
announce the Bid opening. The representative shall then personally and publicly open all Bids
timely received, reading each bid aloud.
ITB No. 16-0328, East District Grounds Maintenance
Page 6 of 41
8.0 EVALUATION FACTORS AND AWARD
8.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless
otherwise specified). However, the City may evaluate and award the Contract for any
item or group of items shown on the Solicitation, or any combination deemed most
advantageous to the City. Bids that specify an "all or none" award may be considered if a
single award is advantageous.
8.2 Award: The City will award contracts to the bidder whose offer represents the "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 No. 16-0328, East District Grounds Maintenance
Page 7 of 41
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 No. 16-0328, East District Grounds Maintenance
Page 8 of 41
SPECIFICATIONS FOR EAST DISTRICT GROUNDS MAINTENANCE
1.0 NOTICE TO BIDDERS
1.1 SCOPE-The successful bidder(s), hereinafter, "Contractor"shall provide all necessary
labor, material, and equipment to provide grounds maintenance and litter/trash removal
for the City of Fort Worth, (City)for an annual agreement, and subsequent renewal
periods in strict accordance with the terms, conditions, and provisions of this solicitation.
1.1.1 The term of the Agreement shall be for a one-year(1) period, with four (4)
options to renew for additional one-year periods, provided there is no change in
price from the original bid and service continues to be satisfactory. However, if
funds are not appropriated, the City may cancel the agreement 30 calendar days
after providing written notification to the successful bidder(s).
1.1.2 Unit prices shall include all associated grounds maintenance costs, not limited to,
fuel, travel and/or mileage charges. No additional charges will be accepted or
paid by the City.
1.1.3 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 GROUNDS MAINTENANCE
2.1 The Contractor is responsible for providing grounds maintenance at specified
project areas as required by the established maintenance schedule. Contractor is
responsible for mowing all areas; edging all curbs and sidewalks, trimming all turf along
pavement, including expansion cracks extending two (2)feet onto the pavement, curbs
and around or on signs, post, guard rail, sidewalks, other obstacles and for removing all
trash and litter from each site.
2.2 DEFINITIONS
2.2.1 GROUNDS MAINTENANCE PROJECT AREA shall refer to specific geographic
area(s) of the City designated to receive specified grounds maintenance
services.
2.2.2 MAINTENANCE SCHEDULE shall mean the time periods established by the
City for the mowing season within which all prescribed maintenance activities for
each area shall be completed.
2.2.3 CONCURRENT shall refer to all mowing, trimming, and trash removal on any
given item being completed on the same day. Should a given area be too large
to complete in a single day, any areas that have been mowed must be trimmed,
and trash removed on the same day the mowing occurs.
2.2.4 CONTRACT ADMINISTRATOR shall mean the duly authorized representative of
the City Department who shall monitor the Contractor's performance within the
regions he/she is assigned.
2.2.5 INCLEMENT WEATHER shall mean rainy/wet weather or when the condition of
the soil is such that the rutting of property will occur and cutting of grass cannot
be accomplished satisfactorily.
ITB No. 16-0328, East District Grounds Maintenance
Page 9 of 41
2.2.6 OZONE ACTION DAYS shall refer to the period from May 16t through October
316t(Ozone Season) of each year, when ozone levels are critical. These days
are determined by the Texas Natural Resource Conservation Commission and
are announced via television, radio, and Texas Department of Transportation
highway information boards. Contractors are not to use any motorized equipment
between the hours of 6 a.m. and 10 a.m. on these days, unless the equipment
uses propane, diesel or compressed natural gas as a fuel source or meets
California Air Resources Board (CARB) revision #2, standards.
2.2.7 MOWING SEASON typically refers to the time period beginning in March and
ending when terminated by the Contract Administrator. Usually, the season will
end the latter part of November or after the first hard freeze.
2.2.8 TRASH AND LITTER shall mean any debris within the grounds maintenance
project area including, but not limited to furniture, appliances, tires, construction
material, paper, plastic, cans, bottles (including broken glass), cardboard, rags,
limbs and branches smaller than four(4) inches in diameter, rocks, and other
similar solid materials and foreign debris which is not intended to be present as
part of the landscape. Any illegal dumping should be reported to the Contract
Administrator. An illegal dump site will be defined as a pile of debris larger than
three (3) cubic yards or the size of a refrigerator.
2.2.9 TRIMMING shall refer to the cutting or removal of all plant life adjacent to any
structure such as a fence line, pole, guy wire, sign, guard rail sidewalk and curb
where weeds or grasses tend to grow.
2.2.10 MOWING HEIGHT shall refer to the setting of mowing equipment to cut grass to
a height of two (2) inches for project areas designated for seven (7) or 14day
mowing cycles, and to a height of three (3) inches for project areas designated
for 21 or more day mowing cycles. The Contract Administrator may make
changes in the height requirements. Mowing below the heights stated above may
result in liquidated damages when turf is damaged, e.g., scalping occurs.
Repeated damage to turf may result in agreement termination.
2.2.11 CHEMICAL TRIMMING shall refer to the use of an herbicide (such as Roundup
and/or an approved equal containing a pre-emergent such as Surf LAN or an
approved equal) as an alternative to the physical removal or cutting of plant
material from areas to be trimmed. HERBICIDE APPLICATION MUST BE IN
COMPLIANCE WITH THE STATE OF TEXAS STRUCTURAL PEST CONTROL
BOARD LAWS AND REGULATIONS OR THE TEXAS DEPARTMENT OF
AGRICULTURE LAWS AND REGULATIONS. THE CONTRACTOR MUST
HAVE A COPY OF THEIR PESTICIDE LICENSE ON FILE WITH THE
CONTRACT ADMINISTRATOR PRIOR TO THE USE OF ANY HERBICIDE.
NOTE: CHEMICAL TRIMMING WILL NOT BE ACCEPTABLE FOR THE
EDGING OF CURBS OR CONCRETE SIDEWALKS OR TRAILS. CHEMICAL
EDGING OF ASPHALT SIDEWALKS IS ALLOWED; HOWEVER,
EDGED/TREATED AREA SHALL NEVER EXTEND FARTHER THAN 4" PAST
THE EDGE OF THE ASPHALT SIDEWALK, AND ALL DEAD GRASS/WEEDS
MUST BE REMOVED.
ITB No. 16-0328, East District Grounds Maintenance
Page 10 of 41
2.2.12 EDGING of sidewalks, driveways and curbs, where applicable, shall be
accomplished so that grass and weeds do not extend over the edge of the walks,
trails, drives or curbs more than '/4 inch nor will they be cut back from the edge of
walks, trails, drives or curbs more than '/4 inch. All concrete sidewalks, trails,
curbs, walking paths and steps must be mechanically edged exposing concrete
surface. The Contractor may use a disc edger on a mower or similar device to
edge medians so long as the produced edge meets the standard set forth,
above. All material dislodged by edging shall be removed from the site or blown
back onto grass areas so as to leave a clean appearance. Concrete sidewalks
shall be edged on both sides.
2.2.13 INCOMPLETE WORK shall refer to mowing areas missed, edging and trimming
not performed, grass clippings left on hard surfaces, reduction of the mow area,
trash and litter not removed. The contract administrator will document any
incomplete work and notify the contractor via email. The contractor will have 24
hours, from notification, to complete the incomplete work and email supporting
photos. If the work is not completed in 24 hours the contractor must request an
extension from the contract administrator before the 24 hour period expires.
Incomplete work that is not addressed or completed will be removed from the
cycle invoice and not approved for payment. Failure to meet the contract
requirements on more than one occasion within the prescribed maintenance
schedule may result in the termination of the agreement and demand upon the
contractors bonding company to complete the contract.
2.3 CONTRACTOR SHALL REMOVE ALL TRASH AND LITTER FROM THE ENTIRE
AREA PRIOR TO INITIATING ANY MOWING OF THE TURF AREA. Failure to remove
litter/trash prior to mowing will result in the Contractor being required to return to site and
remove all new litter/trash as well as all mowed litter/trash. Any papers, cans, or bottles
cut or broken during maintenance operations shall be completely removed from the
site immediately prior to proceeding with the maintenance of other areas. All trash and
litter shall be disposed of by the Contractor at an off-site location procured by the
Contractor at his/her sole expense.
2.4 Contractor will use reasonable care to avoid damaging any City or private property,
especially fences, mailboxes, etc. in right-of-ways. If the Contractor's failure to use
reasonable care causes damage to any property, the Contractor shall replace or repair
the damage 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
by the Contract Administrator. Cut grass and debris that falls or is thrown by equipment
upon the pavement, streets, curb and gutters, sidewalks, driveways, or adjacent
properties through the action of the work crew, shall be removed prior to leaving the
project area.
2.4.1 FOUNTAIN FEATURES & SWIMMING POOLS 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, HE OR
SHE MAY BE ASSED LIQUIDATED DAMAGES OF A MINIMUM OF $100.00
PER INCIDENT UP TO THE ACTUAL COST TO THE CITY TO CLEAN UP THE
SITE. Edging shall be done to keep clippings out of water features. Clippings
and trash must be removed ensuring that none gets into water features.
2.4.2 PONDS, LAKES AND CREEKS 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 area. Failure to comply may result
in liquidated damages of$100.00 per incident. Repeated violations may result in
Agreement termination.
ITB No. 16-0328, East District Grounds Maintenance
Page 11 of 41
2.5 The process of blowing grass clippings and other debris into the adjoining street or
roadway will not be permitted. Mowing should be accomplished by discharging grass
away from the street, parking lot or other roadways, i.e. towards the center portion of the
median or park. Should grass clippings be deposited onto the sidewalk, gutter or
roadway, they must be swept and removed or blown back onto the grass in the median,
traffic divider or park. Gutters, sidewalks and roadways must provide a clean surface or
the appearance of being swept. This is in accordance with City Code: 12.5-302,
paragraph A: "Anything that is not storm water that goes into storm drain is an illicit
discharge." Blowing of grass clippings into creeks, lakes or ponds is also prohibited.
2.6 Removal of cut grass from turf areas will not be required, unless otherwise specified by
the Contract Administrator. Cut grass and debris that falls or is thrown by equipment
onto the pavement, streets, curb, gutter, sidewalks, or adjacent properties through the
action of the crew shall be removed prior to leaving the project area. The Contract shall
not leave clumped grass cuttings.
2.7 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.
2.8 The Contractor will be required to obtain a "Street Use Permit" prior to starting work.
Contact Parkway Services at (817) 392-6594.
2.8.1 The Contractor shall be responsible for providing traffic control during the
construction of this project consistent with the provisions set forth in the "Latest
Edition Texas Manual on Uniform Traffic Control Devices for Street and
Highways" issued under the authority of the "State of Texas Uniform Act
Regulating Traffic on Highways"' codified as Article 6701d Vernon's Civil
Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31.
2.8.2 The Contractor will not remove any regulatory sign, instructional sign, street
name sign, or other sign which has been erected by the City. If it is determined
that a sign must be removed to permit required maintenance, the Contractor shall
contact the Transportation and Public Works Department, Signs and Markings
Division at phone number (817)392-7738, to remove the sign. In the case of
regulatory signs, the Contractor must replace the permanent sign with temporary
sign meeting the requirement of the above reference manual and such temporary
sign must be installed prior to the removal of the permanent sign. If the
temporary sign is not installed correctly or if it does not meet the required
specifications, the permanent sign shall not be left in place until the temporary
sign requirements are met. When work is completed to the extent that the
permanent sign can be re-installed, the Contractor shall again contact the Signs
and Markings Division to re-install the permanent sign and shall leave his
temporary sign in place until such re-installation is completed.
2.9 Contractor shall email each day's completions and photos of completed work that are
ready for inspection to the Contract Administrator. This will be accomplished the first
regular work day after the maintenance is completed. Failure to contact the assigned
Contract Administrator on the next regular work day after work is completed on an area
may result in liquidated damages and may lead to the termination of the Agreement.
Contractor will take photos of completed work. Contractor will label by location and time
and date stamp each photo and store them in a drop box or cloud based storage and
access will be provided to the contract administrator.
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2.10 Contractor shall submit a written maintenance schedule for each project area prior to the
end of the first mowing cycle. Upon written approval by the Contract Administrator, the
Contractor will maintain this schedule throughout the mowing season. The second
mowing cycle work order will not be issued until the written schedule is received. If
Contractor expects to vary from the schedule, the Contractor shall notify the Contract
Administrator immediately of the variation and specify an alternate completion schedule.
Note: Contractor will be paid only for work actually accomplished during the established
mowing cycle, unless due to weather or other valid reason the Contract Administrator has
granted an extension to the scheduled mowing cycle.
2.11 All property along and adjacent to the Contractor's operations including fences, lawns,
yards, shrubs, trees, etc shall be preserved or restored after completion of the work to a
condition equal or better than existed prior to start of work. No direct payment will be
made for this item, and it shall be considered incidental to this Agreement.
2.12 All structures, trees, poles, tables, signs, fences, and shrub beds are to be trimmed closely,
where applicable. Special care shall be given to trimming around trees so as not to inflict
damage to the bark of the trees. Trim guards should be used on line trimmers when working
around trees and ornamental shrubs. All trimming shall be accomplished maintaining the
required 2"or 3"cutting height depending on project area and cycle frequency. ALL
TRIMMING MUST BE ACCOMPLISHED CONCURRENTLY WITH MOWING
OPERATIONS. Trimming can be reduced by chemical edging, with prior written approval of
the Contract Administrator.
2.13 TREES AND SHRUBS NO PRUNING OF ANY TREE SHALL BE PERMITTED, UNLESS
SPECIFIED OTHERWISE IN THESE SPECIFICATIONS Trash and litter shall be
removed from ornamental flower and planting beds during each mowing cycle. Mulch
rings shall be reshaped prior to leaving project site when dislodged by mowing
equipment. Severe damage to trees will result in replacement or compensation of trees
by the Contractor. Failure to replace damaged trees shall be considered a breach of
contract and Contractor shall be assessed for damages. Slight or moderate damages to
trees will result in assessment of damages.
2.14 ASSESSMENT OF DAMAGES TO TREES DURING GROUNDS MAINTENANCE
OPERATIONS
2.14.1 The Contractor will check trees in the contract area before contract work begins,
any damage will be noted and reported to the Contract Administrator.
2.14.2 The Contract Administrator will conduct random checks of the trees during the
contract period.
2.14.3 A check of all trees may be made at the end of the contract period. City Forester,
Contract Administrator, and Contractor will attend the inspection.
2.14.4 Damages shall be documented by memo to the City Forester with copy to
contract file and the Contractor.
2.14.5 Contractor may have the option of replacement or payment for severely
damaged tress at a location to be designated by PARD. Replacement shall be
made on caliber inch per caliper inch basis with a minimum size of replacement
tree of 2" in caliper. The contractor shall be responsible for the planting,
watering, mulching and maintenance of replacement trees for a period of not less
than 2 years. Any tree that does not survive the 2 year established period shall
be compensated for by the contractor to PARD at a rate of $200.00 per caliper
inch.
ITB No. 16-0328, East District Grounds Maintenance
Page 13 of 41
2.14.6 Damages shall be assessed at a rate of: $100.00 for each instance of slight
damage to tree(s), this is damage that may heal; examples include but are not
limited to scaling of the trunk into the cambial layer 1/2" to 2" in width but less than
1/3 trunk circumference or breaking of limbs less that 2" in diameter or limbs less
that 1/3 trunk caliper whichever is less; $300.00 for each instance of moderate
damage to tree(s) which in the opinion of the City Forester contribute to the poor
health and reduced longevity of the tree examples would include but are not
limited to scaling of the trunk into the cambial layer greater than 2" but less than
1/3 the trunk circumference or breaking of limbs more than 2" in diameter but
less than 1/3 caliper. Severe damage or removal of trees is subject to penalty of
$200.00 per diameter inch of trees removed or damaged for trees less that 30",
$400.00 per diameter inch of trees greater than 30". Severe damage or removal
shall include but is not limited to scaring of the trunk to the cambial layer greater
than 1/3 the trunk circumference, uprooting or causing a tree to lean, damage to
a scaffolding branch greater than 1/3 of trunk caliper. Branches shall be
measured at the point of attachment or at the lateral to which the branch would
be pruned back to according to ANSI standards. Trees greater than 6" in caliper
shall be measured using diameter at breast height (DBH). In addition to any
penalties or damages assessed by PARD, 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.
2.14.7 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.
3.0 MAINTENANCE SCHEDULE AND LIQUIDATED DAMAGES- Failure on the part of the
Contractor to maintain the required maintenance schedule or meet contract specifications may
result in liquidated damages. Assessment may be as much as two hundred fifty dollars ($250.00)
per day in liquidated damages for incomplete work in the project area; until all work is completed
(liquidated damages will not exceed the total dollars for the incomplete project location, per
cycle).
3.1 NOTE: FAILURE TO MEET THE CONTRACT REQUIREMENTS ON MORE THAN
ONE OCCASION WITHIN THE PRESCRIBED MAINTENANCE SCHEDULE MAY
RESULT IN THE TERMINATION OF THE AGREEMENT.
3.2 The Contract Administrator has the authority to cancel scheduled maintenance cycles on
a week to week basis. The cancellation will be based upon need, prevailing weather
conditions and available funds.
3.2.2.1 The Contractor will be notified of any cancellations. The City reserves the right to
perform grounds maintenance operations during cancelled cycles.
4.0 INVOICING REQUIREMENTS
4.1 All invoices should be submitted directly to the requesting department. It is the
responsibility of the Contractor to get the name of the responsible person, telephone
numbers and address of the department at the time the service is requested.
The requesting department is required to issue a release number to the Contractor
during this process.
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4.2 A properly prepared invoice shall be typewritten or computer printed and shall include the
Contractor's name and federal tax-identification number, invoice number, address, date,
location and service description, unit price, extended cost, City issued purchase order
and release number. Incomplete or inaccurate invoices may result in delayed payments,
as they shall be returned to the Contractor for correction and re-submittal.
4.3 The Contractor shall submit corrected/revised invoices within seven (7) calendar days of
notification from the City.
4.4 Unpaid invoices and/or appeals for service performed throughout the fiscal year
(October 1 -September 30) must be resolved within 30 days of the City's new fiscal year.
No previous year invoices will be paid after October 30th.
4.5 It is the responsibility of the Contractor to institute an accounting system to ensure
invoices are not submitted for payment more than one (1)time.
5.0 INSURANCE REQUIREMENTS
5.1 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 within five (5) calendar days of notification.
5.2 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%.
5.2.1 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.
5.2.2 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 vendors, products/completed operations, personal injury, and
contractual liability. Insurance shall be provided on an occurrence basis, and as
comprehensive as the current Insurance Services Office (ISO) policy.
ITB No. 16-0328, East District Grounds Maintenance
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5.2.3 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.
5.2.4 The Contractor shall furnish the Purchasing Manager, with a certificate of
insurance documenting the required insurance prior to the commencement of
services.
5.2.5 Policies shall be endorsed to provide the City of Fort Worth a thirty- (30) day
notice of cancellation, material change in coverage, or non-renewal of coverage.
5.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an
additional insured, as its interests may appear(ATIMA).
6.0 ADDITIONAL INSURANCE REQUIREMENTS
6.1 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.
6.2 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 ITB# 16-0328
1000 Throckmorton Street
Fort Worth, Texas 76102
6.3 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.
6.4 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.
6.5 Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
6.6 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.
6.7 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.
6.8 City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
ITB No. 16-0328, East District Grounds Maintenance
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6.9 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.
6.10 While the purchase order is in effect, Contractor shall report, in a timely manner, to the
Purchasing Department any known loss occurrence that could give rise to a liability claim
or lawsuit or which could result in a property loss.
6.11 Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
7.0 LAWS, REGULATIONS, AND ORDINANCES-The Contractor shall be responsible for meeting
all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County:
laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of
people, environment, and property. This includes, but is not limited to, all Federal, State, County,
and City Agencies, Administrations and Commissions such as the Environmental Protection
Agency (EPA), Occupational Safety and Health Administration (OSHA), and the Texas
Commission on Environmental Quality(TCEQ). In the event any law, regulation or ordinance
becomes effective after the start of this Agreement, the 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.
8.0 UNIT PRICE ADJUSTMENT
8.1 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.
8.2 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.
8.3 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.
8.4 Prices bid shall remain firm for each one-year term of the agreement.
8.5 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.
8.6 For no reason shall the Contractor suspended services without giving a thirty(30)day
prior written notice to the Purchasing Manager.
9.0 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.
10.0 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 Contractor's
obligation with respect to such performance shall continue in full force and effect.
11.0 COMPLAINTS- Complaints processed through the City Purchasing Division are to be corrected
within fourteen (14) days of formal notice of complaint. Written response to the Purchasing
Division is required. Failure to properly resolve complaints within the fourteen (14) calendar day
time period may result in the cancellation of the applicable line item(s) in the price agreement.
ITB No. 16-0328, East District Grounds Maintenance
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12.0 HAZARDOUS CONDITIONS-The Contractor is required to notify the City immediately of any
hazardous conditions and/or damage to City property.
13.0 METHOD OF AWARD
13.1 Bids will be evaluated based on the lowest responsive and responsible bidder complying
with all of the provisions of the solicitation, provided the bid price is reasonable, and it is
in the best interest of the City to accept it.
13.2 The City reserves the right to reject the bid of a bidder who has previously failed to
perform properly or complete on time agreements of a similar nature.
13.3 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.
14.0 BIDS—Bidders are responsible for familiarizing themselves with the work to be performed under
the agreement resulting from this bid.
14.1 Bidders shall submit the following items with their bid:
14.1.1 A completed and signed original Invitation to Bid (ITB) form.
14.1.2 A completed and signed original Bid Solicitation form.
14.1.3 Completed and signed originals of all addendums issued.
14.1.4 A completed and signed original Conflict of Interest Questionnaire, Attachment 1.
14.1.5 A completed and signed original List of Machinery& Equipment, Attachment 2.
14.1.6 A completed and signed original Vendor Contact Information form, Attachment 3.
14.1.7 Completed Price Sheets, Attachment 5.
14.1.8 A copy of all documents listed in paragraph 1.14.1.
14.2 Failure to submit the items listed in paragraph 1.14.1 may be grounds for rejection of a
bid as non-responsive to the specifications.
15.0 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 (5) business
days before the closing. Interpretations, corrections or changes to the bid made in any other
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:
15.1 Cristina Camarillo, Buyer, cristina.camarilloafortworthtexas.gov
15.2 City of Fort Worth Purchasing Division
Attention: Cristina Camarillo
1000 Throckmorton Street
Fort Worth, Texas 76102
15.3 Facsimile: (817) 392-8440, Attention: Cristina Camarillo
15.4 Questions of a substantial nature will be addressed in an addendum, posted on the City's
Purchasing Web page for all interested parties.
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CITY OF FORT WORTH, TEXAS
STANDARD PURCHASING TERMS AND CONDITIONS
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, supplier, vendor 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 Fort Worth.
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.
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.
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Page 19 of 41
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 bid. Buyer agrees to reimburse Seller for transportation costs in
the amount specified in Seller's bid 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 the goods.
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 bid 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 bid, 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.
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.
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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 bid 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.
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
ITB No. 16-0328, East District Grounds Maintenance
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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
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.
ITB No. 16-0328, East District Grounds Maintenance
Page 22 of 41
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 to withhold all payments to
any entity other than Seller, if Seller is not in compliance with this provision. If Seller fails to
provide necessary information in accordance with this section, Buyer shall not be liable for any
penalties, fees or interest resulting therefrom.
23.0 WAIVER
No claim or right arising out of a breach of this contract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration in writing and is signed by the aggrieved party.
24.0 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 bid documents published by the Buyer and Seller's Response to such bid (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 bid 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 VENDOR
Seller shall operate hereunder as an independent vendor 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.
ITB No. 16-0328, East District Grounds Maintenance
Page 23 of 41
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 SELLER, ITS
OFFICERS, AGENTS, SUBCONTRACTORS, SERVANTS OR EMPLOYEES.
29.0 SEVERABILITY
In case any one or more of the provisions contained in this agreement shall for any reason, be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this agreement, which agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
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, 1000 Throckmorton 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 bid. 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, vendor or subvendor has been discriminated against according to the terms
of such Ordinance by Seller, its employees, officers, agents, vendor or subvendors herein.
ITB No. 16-0328, East District Grounds Maintenance
Page 24 of 41
33.0 IMMIGRATION NATIONALITY ACT
The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which includes
provisions addressing employment eligibility, employment verification, and nondiscrimination.
Seller shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Seller 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 Seller with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Seller shall
establish appropriate procedures and controls so that no services will be performed by any
worker who is not legally eligible to perform such services. Seller shall provide Buyer with a
certification letter that it has complied with the verification requirements required by this
Agreement. Seller shall indemnify Buyer from any penalties or liabilities due to violations of this
provision. Buyer shall have the right to immediately terminate this Agreement for violations of this
provision by Seller.
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 by Seller.
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 applicable federal, state and
local laws concerning disability and will defend, indemnify and hold Buyer harmless against any
claims or allegations asserted by third parties or subvendors against Buyer arising 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.
ITB No. 16-0328, East District Grounds Maintenance
Page 25 of 41
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 first
attempt to resolve the matter through this dispute resolution process. The disputing party shall notify
the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The
notice shall state the nature of the dispute and list the party's specific reasons for such dispute.
Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort,
either through email, mail, phone conference, in person meetings, or other reasonable means to
resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection
with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of
receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation
upon written consent of authorized representatives of both parties in accordance with the Industry
Arbitration Rules of the American Arbitration Association or other applicable rules governing
mediation then in effect. If the parties cannot resolve the dispute through mediation, then either party
shall have the right to exercise any and all remedies available under law regarding the dispute.
Revised November 20, 2014
ITB No. 16-0328, East District Grounds Maintenance
Page 26 of 41
ATTACHMENT 1 —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 No. 16-0328, East District Grounds Maintenance
Page 27 of 41
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. 28, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code, Dt� Rw,*,ad
by avendorwho has abusiness 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 fi led w ith th a recc rd s 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.
1 Name of vendorwho has a business relationshlp wlth local governmental entity.
21 H 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 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 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?
Yes 71 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 AN L)the taxable income is not received from the local governmental entity?
= Yes = No
G. 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?
= Yes = No
D. Describe each employment or business and family relationship with the local government officer named in this sectio.
4
Signature of vendor doing business with the governmental entity Date
Adopted 8J7lM 5
ITB No. 16-0328, East District Grounds Maintenance
Page 28 of 41
ATTACHMENT 2 - 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 BIDDER SUBMITTING THIS BID.
UNITS TYPES OF EQUIPMENT
ATTACH ADDITIONAL SHEETS AS NEEDED.
Number of Crews available for this bid: Personnel per Crew:
Contractor Name:
Signature Printed Name Date
ITB No. 16-0328, East District Grounds Maintenance
Page 29 of 41
FORTWORTH.
ATTACHMENT 3—CONTRACTOR CONTACT INFORMATION
Contractor's Name:
Contractor'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 No. 16-0328, East District Grounds Maintenance
Page 30 of 41
ATTACHMENT 4
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 No. 16-0328, East District Grounds Maintenance
Page 31 of 41
ATTACHMENT 5— PRICE SHEETS
EAST❑IST R ICT TRAF FIC DIVIDERS- 21 DAY FREQUENCY
THE MAINTENANCE WILL INCLUDE LITTER REMOVAL,
MOWING,EDGING,TRIMMING AND BLOWING OF ALL CLIPPINGS
FROM THE CURB AND STEET_ EXPANSION CRACKS W ILL BE TRIMMED
UNIT COST IS THE COST FOR DOING THE REQUIRED MAINTENANCE ONE TIME_
LOCATION ADDRESS MAPSCO MILES TD 21 DAY UNIT COST
7 AMERICAN BLVU 460❑AMERICAN BLVD.FROM FAA BLVD_TO EU LESS
CITY LIMFFS ACROSS HWY 183_ 561 0.4
2 ANDERSON BLVD 680D ANDERSON SOUTH FROM JOHN T.WHITE
66T 0.1 2
3 S.BEACH ST_ 210D BEACH ST TO 300 S BEACH ST.THE GRASS SLOPES
ALONG BEACH E LANCASTER OVERPASS 78A,E 211
4 E.BERRY 25OD E_BERRY AT 390D MITCHELL BLVD_
78W 0.1 5
5 E.BERRY 235❑E_BERRY AT 230D E_BERRY S-
785 0.1 4
6 BLUE RIDGE 565D BLUE RIDGE&1650 WEILER
65Y 0.1 7
7 BURCHILL 300❑BURCHILL S_ATBURCHILL N.
78P 0.1 1
8 BURCHILL 260D BURCHILL AT CHRISTINE
76N 0.1 7
9 COLE 490D COLE AT 10013 COLE CT_
91P G_7 7
10 COLLARD BOO COLI_ARDAT 32D0 VICKERY
78K 0.1 3
11 COOKS LANE 170D COOKS AT BRENTWOOD STAIR TO 85D AT JOHN T_
WHITE 87B 0.8 14
12 CRAIG 60OD CRAIG AND RICH
79H 0.1 1
13 DOTTIE LYNN PKWY 320D DOTTIE LYNN PKWY
811 G-8 1
14 EASTCHASE PKWY 20OD EASTCHASE AT MEADOWBROOK DR.TO RANOOL
MILL 01B 12 12
15 ELLIS RANCH TR. 440D ELLIS RANCH AT 21 G0 KIN GSDALE
910 G_1 1
16 ELMWOOD 210D ELMWOOD AND MCCURDY
77R G_7 1
17 FM157 40OD S_PIPELINETO TRE RR BRIDGE
55T 0.7
18 GLEN GARDEN 260❑GLEN GARDEN AT 4200 HEATHER TRAIL
78W 0.1 1
19 GLEN GARDEN 300 N_GLEN GARDEN AT 42D❑MITCHELL BLVU.
78W 0.1 1
20 GLEN PARK 5044 GLEN PARK
92G 0.0 1
21 JOHN T_WHITE 88OD JOHN T W HITE TO LOOP 320
66-1 3.0 19
22 E_LANCASTER 1701 E LANCASTER AT RIVERSIDE❑R_TO LOOP 82D
INCLU DE ALL G RASSY AREAS AT 8201NTERC HAN G E 77C 50
23 LUCAS CIR 1832 LUCAS CIR
79R 0.1 1
24 MANSFIELD HWY 230D MANSFIELD HWY AT GLEN EDEN TO THE 41❑0
BLOCK AT MILLER INCLUDE ALL TD AT INTERSECTIONS
CONCRETE MEDIANS INCLUDED_ 91 H,93N 2.2 11
25 MEADOWBROOK BLVD 850D MEADOWBROOK BLVD AT EAST CHASE TO VILLAGE
CREEK_INCLUDES TD AT RAN DOL MILL AND
MEADOWBROOK BLVD. 67X OSB 1
26 MEADOWBROOK DR_ 600❑MEADOWBROOK UR AT LOOP 8201 ON THE HE
SIDE AND 1 ON THE SW SIDE 790 0.7 9
27 MILLER AVE 130D MILLER TO 1DUO MILLER TD INCLUDES THE ONES
ON BOTH SIDES OF ROSEDALE AND AT THE RR TRACKS_
78M 02 4
28 MITCHELL BLVD 180D MTTC H EL BLVD BETWEEN BEACH&MADDOX&
MEDIANS ON BEACH,AVE J&MIFCH ELL BOTH CO N RETE
AND PAVED ARE INCLUDED PLUS TD AT AVE J AND
BEACH_ 78N 0.1
29 MITCHELL BLVD 450D MITCHELL BLVD AT 3100 MECCA ENDS AT COLLINS
ST.INCLUDES PAVED MEDIAN AREAS,PLANTING AREAS
AND TR IAN G LE BOU NO ED BY COLLIN,WFFC H FTA,AND
MITCHELL 92B 0.1
30 MONTERREY STUD MONTERREY AND 57130 DANCIGER
79C 0.1 1
37 POST OAK TRINITY BLVD SOUTH TO COMPLETION
56S U.3 7
32 PRESTON 36013 PRESTON AT 51 SO E.BERRY
79K 0.1 7
33 E.ROSEDALE 800-190D 035 TO US 287
77K 13
34 E.ROSEDALE 540D STALCUPTO ARLINGTON CITY LIMIT SIGN
79L 18 14
35 E ROSEDALE STREETSCAPE HWY 287 TO MILLER AVE TRAFFIC DIVIDERS AND ROW
ALONG THIS CORRIDOR_ 77R 2 1
36 SAHARA CIR 4366 SAHARA
91L GA 1
37 STALCUP 240D STALC UP AT 54DO RAMEY
79D G_7 1
38 TENISON DR 570D TENISON DR FROM ROSEDALE TO 59D0 HAMPSHIRE
S. 79M 0.4 6
39 THRALL COURT 2308 THRALL COURT
78P 0.1 7
ITB No. 16-0328, East District Grounds Maintenance
Page 32 of 41
40 TR INFFY BLVD 10300 TRINITY BLVD FROM GREENBELT TO SH360
6aA 55
41 TRINFIYBLVD 750DMED[AN WEST 0FI-820
66A 0.1
42 EAST LOOP 820 NB SR SE CORNER OF EAST LOOP 820 AT 66D BRENTWOOD
STAIR 66W 0.1 1
43 VAUGHN,BERRY,HWY 287 330D VAUGHN,BERRY,HWY 287 ON SW CORNER OF E.
BERRY.INCLUDES ROW UNDER HWY.287 78T 0.1 1
44 E VICKERY IDOD E VICH ERY AT ILLINOIS
77F 0.1 1
45 E.VICKERY 130D E VICKERY AT VIRGINIA
TTG 0.1 1
46 E.VICKERY 1700 E VICKERY AT HATTIE
77G 0.1 1
47 YOLANDA 1700 YOLANDA AT 5700 JACQUELINE
79C 0.1 1
21 DAY UNIT COST
21 DAY UNIT COST X 14 CYCLCES=ANNUAL COST A
ROUNDABOUT AND PLANTER BED GROUND MAINTENANCE 7 DAY FREQUENCY
BEDS AND LANDSCAPE PLANTS WILL BE MAINTAINED WEED AND TRASH FREE. ALL HARD
SURFACES W ILL BE!SEPT CLEAN OF DEBRIS AND LANDSCAPING MATERIALS.
1 �EROSEDALEROUNDABOUTS AT MITCHELL BLVD AND S AYERS AVE
AND PLANTER BEDS 78J,78L 0.1 2
7 DAY UNrr COST X 62 CYCLES=ANNUAL COST B
ANNUAL COST A+ANNUAL COST B=TOTAL
ITB No. 16-0328, East District Grounds Maintenance
Page 33 of 41
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Page 36 of 41
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ITB No. 16-0328, East District Grounds Maintenance
Page 37 of 41
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Page 38 of 41
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Page 40 of 41
NO BID SHEET
Cristina Camarillo, Buyer
Purchasing Division
Fax No. 817-392-8440
E-mail address: cristina.camarillo(a)fortworthtexas.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
1000 Throckmorton Street
Fort Worth, Texas 76102
{or fax to above address}
Please check the items that apply:
Do not sell the item(s) required.
Cannot be competitive.
Cannot meet the Specifications highlighted in the attached Bid.
Cannot provide Insurance required.
Cannot provide Bonding required.
Cannot comply with Indemnification requirements.
Job too large.
Job too small.
Do not wish to do business with the City.
Other reason.
Company Name:
Authorized Officer or Agent Signature:
Telephone: ( ) FAX Number: ( )
ITB No. 16-0328, East District Grounds Maintenance
Page 41 of 41
FORT WORTHO
CITY OF FORT WORTH/PURCHASING DIVISION
INVITATION TO BID NO. 16-0328
EAST DISTRICT GROUNDS MAINTENANCE
BID CLOSING DATE:JULY 21, 2016
For further information contact: Cristina Camarillo, Buyer
FAX (817) 392-8440 cristina.camarillo(cD-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(1)executed original and one (1) copy)must be received in the
Purchasing Office by 1:30 P.M.,July 21, 2016, and then publicly opened and read aloud at 2:00 P.M. in
the Council Chambers. Bids must be returned in a sealed 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 following address:
Purchasing Division, Lower Level, Municipal Building
1000 Throckmorton 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 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 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 resection of your
bid. Principal Place of Business(Defined as at least having one permanent active business office and
employee located in Texas).
Comp ny Name and Address mpany's Aut prized Agent
w
Signature:
Federal ID Number( IN)or Name an Title(Type d)
Social Security Number and Legta
Company Name Date
Telephone Number
Fax Number j - - Email address:
Cooperative Grchasin : Should other Governmental Entities decide to participate in this contract,
would youe Vendor, agree that all terms, conditions, specifications, and pricing would apply?
Yes No
If you, the Vendor checked"Yes", the following will apply: Governmental entities within Tarrant County
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 C.P.M., CPPO
Purchasing Manager
Page 1 of 1
BID SOLICITATION
Printed: 06/29/2016
BID OPENING DATE AND TIME:
7/21/2016 1130:00 PM
BID NUMBER: 16-0328
BUYER:Cristina Camarillo
PHONE#: (817)392-8355 ext.
DELIVERY REQUIRED:7/21/2016
EVendor Name: 1 H City of Ft Worth
N Address. / j;, 4200 South Freeway,Suite 2200
D p FORT WORTH TX 76115-1499
O City,State Zip Code
R T
0
Item Clas - m Quantity Unit Unit Price T
Total
1.000 The City of Fort Worth seeks bids from qualified contractors to establish an
agreement for east district grounds maintenance for the Park and
Recreation Department per the attached specifications.
SUBMIT PRICES ON THE PRICE SHEET,ATTACHMENT 5,LOCATED
WITHIN THE BID PACKAGE.ALSO,INCLUDE OVERALL TOTAL FOR
EACH SECTION ON THE BID SOLICITATION SHEET.
2.000 EAST DISTRICT MAINTENANCE,21 DAY,PER ATTACHED 1 EA � �g �a
SPECIFICATIONS. —�
UNIT COST=TOTAL COST FROM PRICE SHEET,ATTACHMENT 5,
PAGE 32-33.
3.000 EAST DISTRICT MAINTENANCE,7 DAY,PER ATTACHED 1 EA ?,�do
SPECIFICATIONS. T
UNIT COST=TOTAL COST FROM PRICE SHEET,ATTACHMENT 5,
PAGE 32-33.
4.000 EAST DISTRICT POLICE FACILITIES,14 DAY,PER ATTACHED 1 EA T �06
SPECIFICATIONS.UNIT COST=TOTAL COST FROM PRICE SHEET,
ATTACHMENT 5,PAGE 34-35.
5.000 EAST DISTRICT POLICE FACILITIES,28 DAY,PER SPECIFICATIONS.UNIT COST=TOTAL COST FROM PRICE ES1 EA
SHEET,
ATTACHMENT 5,PAGE 34-35.
J16y�d� �
TOTAL:
WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE
MUST BEHE D FIRM FOR PERIOD OF 90 DAYS. \
TERM OF PAYMENT: ' COMPANY: l
DELIVERY: SIGNATURE:
TELEPHONE NUMBER: SOL'Y( NAME AND TITLE: ��
ATTACHMENT 5-PRICE SHEETS
EAST DISTRICT TRAFFIC DIVIDERS- 21 DAY FRED UENCY
THE h4AINTENANCE WILL INCLUDE LITTER REMOVAL.
MOWII'J;3,EDGING,TRIMMING,AND BLOWING OF ALL CLIPPIIIG.S
FROM THE CURB ANN 5TEET_ EXPANSION CRACKS WILL BE TRIMMED
UNIT COST IS THE COST FOR DOING THE REQUIRED MAINTE*DANCE ONE TIME.
LOCATION ADDRESS MAPSCO MILES TD 21 DAY UNIT COST
1 AMERICAN BLVD 4600 AMERICAN BLVD-FROM FAA.BLVD.TO EULESS
C IT'i LIMITS ACROSS HWY 183. 56J 0.4
2 ANDERSON BLVD 6800.ANDERSON SOUTH FROM JOHN T_'r'.'HITE
sBr 0.'1
3 S_BEACH S.T. 210D BEACH ST TO 30D S BEACH ST-THE GRASS SLOP ES
ALONG BEACH E LANCASTER OVERPASS 713A.E 20
4 E BERR`! 2500 E.BERRY AT 3900 MITCHELL BLVD.
5 E.BERRY 2350E.BEP.RY AT 2300 E.BERRY S.
785 O.1 4
6 BLUE RIDGE =.0'S0 BLUE RIDGE 3.3650 WEILER ,) t�
7 BURCHILL 3000 BURCHILL S.AT BURCHILL N.
76P 0=1 1
6 BURCHILL 2660 BURCHILL AT CHRISTINE
_ 7EN O.1 1 L�
4 COLE 430D COLEAT 1000 C+_)LE CT.
10 COLLARD 6nG Cr-ILLARD.AT 3200 VICKERY
76K 0.1 3
11 COCKS LANE 1700 t;;;iOK`,AT BRENTWOOD STAIR TO 550 AT JOHN T. �� / 6-0(�
-
.31B 0.8 14
12 CRAIG 5000 CRAIG AND RICH
79H 0.1 f
13 DOT TIE LYNN PKWV 3207 D-DTTIF LYNN PKW,
811 0,5 T
14 EA.STCHASE PKWI 2000 EA`_�TCF=.A. =AT MEADOV4BROOK DR.TO RAWDOL
F.+<•ILL •81B 1.2 f2 •(f4./
15 ELLIS RANCH TR. 4400 ELLIS RAFIC.H AT:!IOL KMGSDALE ' ,r
810 O.1 1 �U
16 ELM-.l.'0GD 2160 ELMWOOD AND MCCU,ROY
77R 0.1 1 /V) /id"77V1
17 FA4157 4000 S_PIPELINE TO TRE RR BRIDGE + p a
55T 07 Uo
16 -3LEN t3ARDEN 2600 GLEN GARDEN AT 4200 HEATHER TRAIL
76W 0.1 1
IE GLEN GARDEN 300 N.f3LEN GARDEN AT 4200 MITCHELL BL`/D'
7811.' O.1 3 LW
20 GLEN PARK 5044 GLEN PARK
92G 0.0 1 4
21 JOHf-1 T.V•JHITE 8800 JOHN T.VHrTE TO LOOP 8220 $/06,0
,7}y, q
+GT 3.0 15 7 zo
22 E LAI'ICASTER '1701 E LANCASTER AT RIVERSIDE DR.TO LOOP 820 �P ,OT
INCtIJDE ALL C.RAS.SY AREAS AT 220 INTERCHANGE 77C 5.0 V
3 LUCAS CIR 1,932 LUCAS UiR ,y/;.
79R OA I
24 MANSFIELD H"l Y 2300 MANSFIELD'W Y AT GLEL7 EDEN TO THE 4100
BLOCK AT MILLER INCLUDE ALL TD AT ENTFRSECTSOtJ
CONCRETE MEDIANS INCLUDED_ 91H-93id 2.2 11
MEADOWSROOK BLI D 8500 MEADO'WBROOK BLVD AT EAST CHASE TO';1LLAGE
CREEk._INCLUDES TD AT RANDCIL MILL A14D
MEADOWBROOX BLVD. 67X O.P i �((/(,!I
26 McADOWBROOK 6R. 6000 MEADOVti6ROOK DR 9,T LOOP,820 1 ON THE NE / I�G.�
SIDE AND I ON THE SW SIDE 79D 07 9
27 MILLER AVE 1.360 MILLER TO ID00 MILLER 4 TD INCLUDES THE 01IES
ON BC+T.H SIDES C.F RrJ SEUALE AND Al THE RR TRACKS-.
78N7 0.2 47F fJ
26 MITCHELL BLVD 1800 1`417CHEL BLVD BETWEEN BEACH 5 MADDO.>Y,
MEDIALIS ON BEACH,AVE J&MITCHELL BOTH CONRETE
AND PAVED ARE INCLUDED PLUS TD ATA 'E J AND
BEACH. TEN 0.1 LL1
29 MITCHELL BL`.'D 4500 MITCHELL BLVD AT 31GO MECCA ENDS.AT COLLINS
37.INCLUDES PAVED MEDIAN ARE.nS,PLANTING AREAS
Al ID TRIA.NGLE BOIJffDED BY COLI IN,YJII^_.HIT:1,AND
MITCHELL 9^B 0.1 V1/
30 'JONTERREY 5700 MONTERREY AND 5700 DANCIGER
79C 0.1 1 P 1(/D
31 POSTOAK TRJNITY BLVD SO"TH TO COMPLETION
56S 0.3 t
32 PRESTON 3,600 PRESTONAT 5350 E.BERRY 0
7 1 i Vl 1 0e)
5Y. .
33 E.ROSEDALE 600-1900 V35 TO US 287
77K +.3 YY- 7 rC✓v
33 EROSEDALE 5400 STALCUP TO ARLINGTON CITY LIMIT 3161E 79L 1,8 14
35 E ROSEDA,LE STREETSCAPE HWY 287 TO MILLER.AVE TRAFFIC:DIVIDERS ANO ROW � �1®�
ALONG'THIS CORR=DOR. 77R 2 1
313 SAHARA CIF 4366 SAHARA
91L O.t 1 �+
37 STALCUP 2400 STALCUP AT.5400 RAMEY y'
7x30 O.1 i (/Ll
38 TENISON DR S7CrO TEN,SOTI OR FROM RC>SEDALET0-5900 H APSHIRE t
7W OA 6
39 THRALL COURT 2306 THRALL COURT
7RP O.1 1
ITB No. 16-0328, East District Grounds Maintenance
Page 32 of 41
I
7
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40 TRINITY BLVD 10300 TRINITY BLVD FROM GREENBELT TO SH360
68A 55 �� �UJ•�L7
41 TRINITY BL`v'D 7500 MEDIAN'NEST OF 1-820
66A 0.171146
42 EAST LOOP 820 NB SR SE CORNER OF EAST LOOP 820 AT 6£,0 BRENTWOOD
STAIR 6 ' 0.1 1 ��
43 VA.UGHN,BERRY,HWY 287 3.300`AUGHN,BERRY,HWY 2.87 ON SW CORNER OF E_
BERRY_INCLUDES ROW UNDER HWY-287 78T 0.'1 1
44 E VICKERY 1000 E VICHERY AT ILLINOIS
77F 0.1 1 � �•�
45 E.+;ICKERY 1300 E VICKERYAT VIRGINIA 77G 0-1 1
46 E.V ICKERY 1700 E VICKERY A7 HATTIE QQ
77G 0.1 1 y 1
47 YOLANDA. 17DO YOLAND.A AT 5700 JACOUEL1NE
78C 0.1 1 1 7&1 �O
21 DAY UNIT COST
21 DAY UNIT COST X 14 CYCLCES=AtINUAL COST Aj GG(J,pb
ROUNDABOUT AND PLANTER BED GROUND MAIfJTEtlA110E 7 DAY FREQUENCY
BEDS AND LANDSCAPE PLANETS WILL BE MA.NTAINED WEED AND TRASH FREE. ALL HARD
SURFACES WILL BE KEPT CLEAN OF DEBRIS AND LANDSCAPING MATERIALS.
1 E ROSEDALE ROUNDABOUTS AT MITCHELL BLVD AND S AVERS AVE
AND PLANTER BEDS 73 I.76L 0.1 2
7 DAY UNIT COST X 52 CYCLES=ANNUAL COST B
ANNUAL COST A+ANNUAL COST B=TOTAL
ITB No. 16-0328, East District Grounds Maintenance
Page 33 of 41
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FORTWORTH.
ATTACHMENT 3—CONTRACTOR CONTACT INFORMATION
Contractor's Name: 4 S1 n C c '
Contractor's Local Address: `
Phone: Fax:
Email:
Name of persons to contact when placing an order:
Name/Title (�� � (�� �_
Phone: Fax:
Email ,
Name/Title ��1 SYS Ac_� ) "C
Phone: Fa 1 1(Z
Email:
Name/TitleCk
Phone: 1' Fax: 1• �'�, � 1 �j�'�
Email
Signat a Panted Name Date
ITB No. 16-0328, East District Grounds Maintenance
Page 30 of 41
ATTACHMENT 2 -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 BIDDER SUBMITTING THIS BID.
UNITS TYPES OF EQUIPMENT
Dom )UL
�-
�:A % Aatc � P (A n�
ATTACH ADDITIONAL SHEETS AS NEEDED.
Number of Crews available for this bid: Personnel per Crew:
Contractor
am
- - - I (
Sign rinted Name Date
ITB No. 16-0328, East District Grounds Maintenance
Page 29 of 41
f
Welcome View M&C
Waller Newman
v i4 IS p,Print tQ Create New From Go to Routing
dome this M&C MSC Finalized
-
M&Cs ..
Reports COUNCIL ACTION: Approved on 9113/2016
City Secretary
Help
Adminlstratlon 5 attachments found.
Search M&C
M&C Log Name v
Search GENERAL INFORMATION: O
DATE: Tuesday,September 13,2016 REFERENCE NO.: "13-11930
H&CLepend LOG NAME: 13P16.0328 EAST DISTRICT MOWING CC PRD
-Print Preview
Print to SUBJECT:
® -Microsoft Authorize purchase Agreement for Grounds Maintenance at the East District with Whitmore&Sons,Inc.,
word® In the Amount of 5145,611.00 for the Park and Recreation Department(ALL COUNCIL DISTIR fCTS)
_Print Direct to
Printer
-Print to PDF RECOMMENDATION:
41* Go To it is recommended that the City Council authorize a Purchase Agreement for grounds maintenance a:the
Attachments East District with WhHmore&Sons,Inc.,irr the amount of$145,611.00 for the Park and Recreation
Department.
DISCUSSION:
The Park and Recreation Department(PARD)will use this Agreement to provide grounds maintenance at
the East District traffic dividers and City facilities.
The Invitation to Bid[ITB]consisted of detailed specifications listing the frequency,quality,and type of
mowing and grounds maintenance to be performed at each location. The specifications require the
vendor to remove debris and grass dippings from street curbs and gutters after providing the grounds
maintenance.
The East Disfricl wlff be maintained ort a 7-day,14-day,21-day and 28-d ay cycle based on weather
conditions.
The City has 13 other contracts for grounds maintenance and moWng services. Eleven of those contracts
are administered by PARD. Services are included at the following[orations alleys,the Business
Assistance Center,community centers,the Hazel Harvey Peace Center for Neighborhoods,libraries,
Meacham Intemational Airport,medians,paridng lots,parks,pump stations,roundabouts,street corners,
sewer lift stations,!raft dividers,water tanks,and water treatmeM facilities at an annual cost of
approximately S2,600,000.00. The Afley Maintenance Agreement is administered by the Transporlation
and Public Works Department;the Airport Agreement is currently administered by the Aviation
Department;and the Water and Sewer Facilities Agreements are administered by the Water Department.
No guarantee was made that a specific amount of these services would be purchased. During the fast
year of the Agreement,the department estimates purchases in the amount of$116,489.00 from Whitmore
&Sons,Inc. The remaining amount of$29,122.00 is requested to ensure that as locations and services
are added,funding for grounds maintenance will be available.
Although WCD Enterprises,LLC,submitted a hid,the vendor requested that their hid be withdrawn.
PRICE ANALYSIS-The requirements of previous Agreements have been changed for this
Agreement. Therefore,there is no direct relationship to compare the unit prices. Staff reviewed the
pricing and found pricing to be fair and reasonable.
BID ADVERTISEMENT-This bid was advertised in the Fort Worth Star-Telegram on July 6,2016,Juty
13,2016,and July 20,2016. The Purchasing Division solicited 252 vendors from the purchasing vendor
database;five responses were received.
810 TABULATION-Please see the attached bid tabulation.
Mf BE OFFICE-A waiver of the goal for MBEISBE subcontracil ng requirements was requested by the
Purchasing Division and approved by the MIWBE Office,in accordance with the BOE Ordinance,because
the purchase of goods or services is from sources where subcontracting or supplier opWunilies are
negligible.
AGREEMENT TERM-Upon City CoundI's approval,these Agreements shall begin on Septem her 14,
2016 and expire on September 13,2017.
RENEWAL OPTIONS-The Agreements may be renewed for up to four additional one-year terms at She
City's option. This action does not require specific City Council approval provided that the City Council
has appropriated sufficient funds to satisfy the Cityls obligations during the renewal term.
FISCAL INFORMATION I CERTIFICATIOTF-
The Director of Finance certifies that funds are available within the existing appropriations of the Park and
Recreation Depsnment and prior to an expenditure being made,the Park and Recreation Department has
the responsibility to validate the availability of funds.
BQW16.03281CC
Page 1 of 2
FUND IOENTIFIERS[FIDS]:
TO
Fund Department Account Project ProgramActivity Budget Reference#F Amount
ID ID Year (Chartfield 2)
FRO
Fund Department Account Project ProgramActivity Budget Reference# Amount
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's OHtce by-. Susan Alanis (8180)
Orinlnatina Department Head: Aaron Davos (8517)
Jack Dale (8357)
Additional Information Contact: Cristina Camarillo (8355)
ATTACHMENTS
1. DID TAB 16-0328.01 (Public)
2. EPLS 16-0320.Gdf (CFW Intemal)
3. Form.129 , 1 (Public)
4. PACSD-16-00351994.0 (CMInternal)
5. Waiver 1 G0328.odF (CMInternal)
10/3/2010
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