HomeMy WebLinkAboutContract 51111 CITY SECRETARY
CONTRACT NO, S 1 0 1 -
FIRST AMENDED AND RESTATED GROUNDS MAINTENANCE AT SOUTH AND WEST
TRAFFIC DIVIDERS AGREEMENT
THIS FIRST AMENDED AND RESTATED GROUNDS MAINTENANCE AT SOUTH
AND WEST TRAFFIC DIVIDERS AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH("City"),a home-rule municipal corporation of the State of Texas,
acting by and through its duly authorized representative,and LAWN PATROL SERVICE,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. 16-0293 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$395,530.00 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 16-00094852 and 17-00100211 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 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:
5 6 7 — SECTION I
9T CONTRACT o ACT DOCUMENTS
y �O The contract documents shall include the following:
v%
Q5 1. This First Amended and Restated Grounds Maintenance at City Locations Agreement
1* o��aF[[ � 2. Exhibit A--City of t=ort Worth Invitation to Bid No. 16-0293 (including any addendums)
3. Exhibit B—Contractor's Response to Invitation to Bid No. 15-
,�
, Exhibit C—Contract Specifications OFFICIAL RECORD
G 8 V 17, 5. Exhibit D—Insurance CITY SECRETARY
FT.WORTH,Tx
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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. 16-0293 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. 16-0293 shall be an amount not to exceed $395,530.00,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 August 3, 2016 and expire on August
2, 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 August 3, 2017 to
August 2,2018. City and Contractor agree to exercise the second renewal from August 3,2018 to August
2,2019.
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 shalt 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
4240 South Freeway,Suite 2200
Fort Worth,TX 76115
CFWMowin FortWorthTexas. ov
4.4 The City may complete a visual inspection of the Work to verify that it was completed in
accordance with this Agreement. City agrees to pay all invoices for accepted work within 30 day of
receiving the invoice. The City will only pay for work that is completed in accordance with the terms and
specification contained in this Agreement. Contractor shall not be paid for any Incomplete Werk 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 (1) RELATING TO THE
SERVICES PERFORMED UNDER THIS AGREEMENT BY CONTRACTOR OR ANY OF ITS
OFFICERS,REPRESENTATIVES,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS;(2)
BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY
OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT
OR OMISSION ON THE PART OF CONTRACTOR OR ANY OF ITS OFFICERS,
REPRESENTATIVES,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS;OR(3)BY ANY
BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF CONTRACTOR
UNDER THIS AGREEMENT(COLLECTIVELY,"LIABILITIES").
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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 Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any
time during the term of the Agreement, the Fort Worth City Council fails to appropriate funds sufficient
for the City to fulfill its obligations under this Agreement, the City may terminate the portion of the
Agreement regarding such obligations to be effective on the later of(i)ninety(90)calendar days following
delivery by the City to Agreement of written notice of the City's intention to terminate or(ii)the last date
for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this
Agreement.
8.4 Other Remedies_ Any termination of this Agreement as provided in this Agreement will
not relieve Contractor from paying any sum or sums due and payable to City under this Agreement that
remains unpaid and due at the time of termination,or any claim for damages then or previously accruing
against Contractor under this Agreement. Any such termination will not prevent City from enforcing the
payment of any such sum or sums or claim for damages by any remedy provided for by law, or from
recovering damages from Contractor for any default under the Agreement. All City's rights,options, and
remedies under this Agreement will be construed to be cumulative,and not one of them is exclusive of the
other. City may pursue any or all such remedies or any other remedy or relief provided by law,whether
or not stated in this Agreement. No such termination shall relieve City from any obligation it may have to
Contractor hereunder and City may pursue any and all rights and remedies or relief provided by law,
whether or not stated in this Agreement.
SECTION 9
LICENSES AND PERMITS
9.1 Contractor shall, at its sole expense, obtain and keep in effect all licenses and permits
necessary for its operations.
SECTION 10
NOTICES
10-1 All notices required or permitted under this Agreement may be given to a party personally
or by mail,addressed to such party at the address stated below or to such other address as one party may
from time to time notify the other in writing. Any notice so given shall be deemed to have been received
when deposited in the United States mail so addressed with postage prepaid:
CITY: CONTRACTOR:
City of Fort Worth Lawn Patrol Service, Inc.
Park and Recreation Director PO Box 330895
4200 South Freeway, Suite 2200 Fort Worth,Texas 76163
Fort Worth,Texas 76115
With copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth,Texas 76102
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and
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth,Texas 76102
Or to such other address as such party may hereafter designate by notice in writing addressed and mailed
or delivered to the other party hereto.
SECTION 11
NONDISCRIMINATION
11.1 Contractor shall not engage in any unlawful discrimination based on race, creed, color,
national origin, sex, age, religion, disability, marital status, citizenship status, sexual 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 shal l 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
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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 shal I 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 15
AMENDMENTS,CAPTIONS,AND INTERPRETATION
15.1 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.
15.3 In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or
against any party, regardless of the actual drafter of this Agreement.
SECTION 17
GOVERNMENTAL POWERS AND IMMUNITIES
17,1 It is understood that by execution of this Agreement,the City does not waive or surrender
any of its governmental powers or immunities.
SECTION 18
AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES
18.1 By executing this Agreement, Contractor's agent affirms that he or she is authorized by
Contractor or its general partner to execute this Agreement and that all representations made herein with
regard to Contractor's identity,address,and legal status are true and correct.
18.2 This Agreement may be executed in several counterparts, each of which will be deemed
an original,but all of which together will constitute one and the same instrument. A signature received via
facsimile or electronically via email shall be as legally binding for all purposes as an original signature.
SECTION 19
SEVERABILITY AND NO WAIVER
19.1 It is agreed that in the event any covenant,condition or provision herein contained is held
to be invalid by any court of competent jurisdiction,the invalidity of such covenant,condition or provision
shall in no way affect any other covenant, condition or provision does not materially prejudice either
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Contractor or City in connection with the right and obligations contained in the valid covenants,conditions
or provisions of this Agreement.
19.2 The failure of either party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to
insist upon appropriate performance or to assert any such right on any future occasion.
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 C'ontractor'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, shall have the right to immediately terminate this
Agreement for violations of this provision by Contractor.
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IN WI'T'NESS WHEREOF, the parties have executed this Agreement in multiples in Tarrant
Counly,'Texas.
EXECUTED to be effective on the dates set forth in Section 3.
CITY OF FORT WORTH CONTRACTOR
La#n Patrol Service In
T
Fernando Cotita Name:
Assistant City Manager Title: y r
Recommended:
I chard Zavala,Director
P k&Recreation Department
APPROVED AS TO FORM AND LEGALITY:
Rtchard A.McCracken
Assistant City Attorney
Al"'ES' C. FDI�T
A
a Kayser
C'ily Se crctary r
M&C: P-11907 k'XAS
Date:812116
form 1295:2016-R 1 S03
Contract Compliance Manager:
By signing,I acknowledge that l am the person responsible for
the monitoring and administration of this contract,including all
performance and reporting requirements.
C
'1'i i lc: C'o+� 7�" f' Cv►rt,Pl. c�` ,spe�.a rS f
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
EXHIBIT A
CITY OF FORT WORTH INVITATION TO BID NO. 16-0293
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EXHIBIT B
CONTRACTOR'S RESPONSE TO INVITATION TO SID NO. 16-0293
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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).
iI. DEFINITIONS
The Following terms as used in this Agreement shall have the meanings assigned to them:
1. Call Back. —When a Contractor is requested to return to a Project Area to correct
Incomplete Work.
2. Chemical Trimming - The use of an herbicide (such as Roundup and/or an
approved equal containing a pre-emergent, such as Surf LAN or an approved
equal) as an alternative to the physical removal or cutting of plant material from
areas to be trimmed.
3. Clumped Grass Cuttings - Any accumulation of cut grass that, on the day of
mowing,exceeds six(6)inches in height.These clumps are typically found in areas
where mowing equipment has turned,reversing directions.
4. Contract Manager — The duly authorized representative of the Park and Recreation
Department,who shall monitor the Contractor's performance.
5. Cycle— Each time period in the mowing schedule for the mowing season. Each
time period is defined by a beginning and ending date,during which all prescribed
maintenance activities for each Project Area shall be completed.
6. Inclement Weather-Any rainy/wet weather, or when the condition of the soil is
such that the rutting of property will occur and cutting of grass cannot be
accomplished safely or in a manner that will not rut up or cause any damage to the
turf.
7. Incomplete Work-The failure of Contractor to perform the Services in accordance
with this Agreement.
S. 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 (2)
inches for project areas designated for 7-or 14-day mowing Cycles,to a height of three
(3)inches for project areas designated for 21-,or more,day mowing Cycles,oras 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 31st (Ozone
Season)of each year when ozone levels are critical. These days are determined by
the Texas Natural Resource Conservation Commission and are announced via
television,radio,and TX DOT highway information boards.
14. Project Area—The specific geographic area(s)of the City designated to receive specific
grounds maintenance services.
15. Trash and Litter—Any debris within a Project Area including, but not limited to, paper,
plastic,cans,bottles(including broken glass),cardboard,rags,bottle tops,tires,limbs and
branches 4 inches or smaller in diameter, rocks, and other similar solid materials and
foreign debris which is not intended to be present as part of the landscape.This is inclusive
of the entire Project Area, including streets, sidewalks, curbs, hillsides, ditches, creeks,
etc. In accordance with City Ordinance,garage sale signs found in median areas are also
considered Trash and Litter.
III. EQUIPMENT
I. 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 atter 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.
S. 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.
IL 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 6 A.M. and 10 A.M. on
Ozone Action Days,unless the equipment uses propane,diesel,or compressed natural gas
as a fuel source,or meets California Air Resources Board(CARE)revision#2 standards.
V. BLOWING OF GRASSfDEBRIS
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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 '/,inch,nor cut back from the edge of
walks,trails,drives,or curbs more than 1/4 inch. All concrete sidewalks,trails,curbs,walking paths,and
steps must be mechanically edged,exposing the concrete surface.The Contractor may use a disc edger on
a mower or similar device to edge the median as long as the produced edge meets the standard set forth in
this section. All materials dislodged by edging shall be removed from the site or blown back onto grass
areas,as to leave a clean appearance.Concrete sidewalks shall be edged on both sides.
VII. TREES AND SHRUBS
No pruning of any tree shall be permitted, unless specified otherwise in this Agreement. Broken
limbs or tree debris,along with any trash or litter,shall be removed from ornamental flower and planting
beds, as well as from the entire Project Area during each mowing Cycle. Mulch rings shall be reshaped
prior to leaving a Project Area when dislodged by mowing equipment. Failure to replace damaged trees
shall be considered a breach of this Agreement and the Contractor shall be assessed for damages. Slight or
moderate damages to trees will result in assessment of damages.
VIII. ASSESSMENT OF DAMAGES FOR DAMAGE TO TREES
1, The Contractor will check trees in the Project Area before work begins and report any
damage to trees to the Contract Manager.
2. The Contract Manager will conduct random checks of the trees during the Term of the
Agreement.
3. A check of all trees may be made by the City prior to the end of the Term or Renewal
Term.City Forester,Contract Manager,and Contractor shall attend the inspection.
4. Damages shall be documented by memo to the City Forester with a copy to the contract
file and the Contractor.
5. The Contractor may have the option of replacement or payment for severely damaged trees
at a location to be designated by the Park and Recreation Department. Replacement shall
be made on caliper inch per caliper inch basis,with a minimum size replacement tree of 2
inch in caliper. The Contractor shall be responsible for the planting, watering,mulching,
and maintenance of replacement trees for a period not less than two years.
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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 1/3 trunk circumference,
or breaking of limbs less than 2" in diameter, or limbs less than 1/3 trunk caliper,
whichever is less; $300.00 for each instance of moderate damage to the tree(s), which in
the opinion of the City Forester contribute to the poor health and reduced longevity of the
tree,examples include, but are not limited to, scaling of the trunk into the cambial layer
greater than 2" but less than 1/3 of the trunk circumference, or breaking of limbs more
than 2"in diameter but less than 1/3 caliper. Severe damage or removal of trees is subject
to the payment of damages in the amount of$200.00 per diameter inch of trees removed
or damaged for trees less than 30", $400.00 per diameter inch of trees greater than 30".
Severe damage or removal shall include,but is not limited to,scarring of the trunk to the
cambial layer greater than 1/3 trunk circumference, uprooting or causing a tree to lean,
damage to a scaffolding branch greater than 1/3 trunk caliper.Branches shall be measured
at the point of attachment or at the lateral to which the branch would be pruned back
according to the ANSI standards.Trees greater than 6" in caliper shall be measured using
diameter at breast height(DBH). 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,LADES,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
1. The Contractor will use care when mowing or edging around fences.This includes metal,
wood or other material fence.Grass must be directed away from fence,but does not have
to be caught or removed from the Project Area.
2. The Contractor will check fences in the Project Area before contract work begins. Any
damage Contractor discovers shall be documented and reported to the Contract Manager
by the Contractor.
3. The Contract Manager will conduct random checks of the fences during the contract
period.
4. Damages shall be documented by memo to the Contract Manager with a copy to the
contract file and the Contractor.
5. The Contractor may have the option of replacement or payment for severely damaged
fences as determined in cooperation with Risk Management, Contract Manager and the
fence owner.
XII. HAZARDOUS CONDITIONS
The Contractor is required to notify the Contract Manager immediately of any hazardous
conditions and/or damage to City property.
XIII. HARD SURFACE MEDIANS
End caps or traffic islands within or adjacent to the Project Area, which are not specifically
identified in these specifications,shall be deemed to be a part of the Project Area where Contractor shall
perform Services.
XIV. CONCURRENT CONTRACTS
In the event that any one Contractor is awarded contracts for mowing more than one Project Area,
the Contractor shall proceed with work simultaneously in all areas awarded.
XV. SUPERVISION OF WORK CREW
Contractor shall provide supervision of all work crews while performing work under this
Agreement. On-site supervision is not required as long as communication equipment is provided, which
enables the work crew to communicate with a project supervisor at all times. Each work crew shall have a
designated person on the work site that has the authority to respond to inquiries about work details or
priorities.
XVI. STREET USE PERMIT
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 76142($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
I. A Work Order shall consist of a written document, specifying the type of work,
Contractor's name,Project Area,maintenance Cycle,beginning and end dates,price to be
paid by the City and comments.
2. The Contractor shall not begin work on the Project Area until a Work Order is received
by the Contractor from the City.
3. Failure to obtain a Work Order prior to beginning a maintenance Cycle may result in non-
payment for work performed.
4. Electronic Work Orders — The City may utilize electronic work orders. ALL
CONTRACTORS MUST HAVE THE TECHNOLOGICAL CAPABILITY TO
USE THE CITY'S ELECTRONIC WORK ORDER SYSTEM. Contractors will be
required to have high-speed access to the Internet in order to receive Work Orders
and submit proof of compliance with Work Orders,including photographs of completed
work. Minimum specifications required for electronic Work Orders are-
a. Digital cameras capable of at least 1 mega-pixel with image resolution of 1280
x 1224 that adds date stamp on the face of the picture.
b. A high capacity color printer capable of 200 imprints with map image per day.
C. WIRELESS READY-The ability to accept Work Orders and send completed
Work Orders from a mobile wireless device,laptop, or other similar equipment.
i. Work Orders will be provided to Contractor(s) electronically via the
Internet, and the City will receive completed Work Orders from the
Contractor,with all required documentation,in the same manner.
ii. Contractors will be responsible for ensuring and maintaining
compatibility with the City's system.
iii. The City reserves the right to accept or deny completed Work Orders
that are submitted by any other means.
d. CELL PHONE REQUIREMENTS
i. Contractor shall have an Android or iPhone cellular telephone.
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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 12.8 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 notitied 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.
G. Contractor will ONLY be paid for work actually completed during the established mowing
Cycle,unless due to weather or other valid reason which the Contract Manager has granted
an extension to the scheduled mowing Cycle.
7. Failure to complete work in accordance with the approved schedule, Call Back and/or
submitted completion sheets within the required timeframes may result in Contractor
paying to the City the City's cost in correcting the work or termination of the Agreement.
8. If the City determines that the work is not acceptable and the issue is not resolved within
three(3)calendar days of the City's request to correct the work,the City has the right to
reassign the work to another contractor or perform the work with City personnel. Should
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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. Ali photographs must be time and date stamped.
3. Inspection reports documenting Incomplete Work or poor performance will have
photographic evidence attached. The Contractor's response will include photos of the
precise location of the corrected work, framed with the same background as the original
inspection photograph.
4. Failure to provide photographic evidence upon request will result in non-payment for the
service location until proper photographic evidence is submitted to the City.
XXI. POINT OF CONTACT
1. For accessibility,the Contractor shall designate at least one(1)person as Point of Contact
with a current office phone number or cell phone number and an E-mail address.
2. The Contractor's Point of Contact shall respond to calls, voicemails,and E-mails within
one(1)hour during normal business hours.
3. The person designated as the Point of Contact shall be identified in the bid submittals.
4. Notification of any changes in contactor's contact number or personnel shall be emailed
to CF WMowi ngaFortWorthTexas.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.
5. In the event the Contractor accepts the On-Call Mowing work,Contractor will be issued
a Work Order for the On-Call area identifying the work to be performed,the number of
times performance is required and the agreed upon price.
6. No one contractor is granted exclusive rights to On-Call Mowing projects or have first
rights of refusal in the event service is requested again.
7. Contractors cannot fail to perform on their currently contracted mow Cycle in order to
perform On-Call Mowing projects.
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
I. 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(ATIMA),
10. ADDITIONAL INSURANCE REQUIREMENTS
10.1 The City, its officers,employees and servants shall be endorsed as an additional insured
on Contractor's insurance policies excepting employer's liability insurance coverage
under Contractor's workers' compensation insurance policy.
10.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit
must be received before Contractor can begin work. Failure to supply and maintain such
insurance shall be a breach of contract. Contractor shall provide complete copies of all
insurance policies required by this Agreement.Certificates of insurance must be supplied
to:
Financial Management Services Department
Attention: Purchasing Division Bid No. I5-0039
240 Texas Street
Fort Worth,Texas 76102
10.3 Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein. Each insurance policy
shall be endorsed to provide the City a minimum 30 days' notice of cancellation, non-
renewal,and/or material change in policy terms or coverage. A ten (10)day notice shall
be acceptable in the event of non-payment of premium.
10.4 Insurers must be authorized to do business in the State of Texas and have a current A.M.
Best rating of A: VII or equivalent measure of financial strength and solvency.
10.5 Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
10.5 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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FORTWORTH.
"I"',
CITY OF FORT WORTH/PURCHASING DIVISION
INVITATION TO BID NO. 16-0293
GROUNDS MAINTENANCE AT SOUTH AND WEST TRAFFIC DIVIDERS
BID CLOSING DATE: June 23, 2016
For further information contact: Cristina Camarillo, Buyer
FAX(817) 392-8440 cristina.camarillo(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., June 23, 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 refection 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
C- I
P.t', 13c�x 3 3 o 8-t-S R-,m T�c Cot 3 Signature:
Federal ID Number(TIN)or S-2.q 1,2110 Name and Title(Typed or Printed)
Social Security Number and Legal Pli5,G(
Company Name Date 10- Z Z-
Telephone Number n --en
Fax Number$t-1.aqg, (o cl Email address: OI\ 2 �te �
Cooperative Purchasing: Should other Governmental Entiti s 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
Page 1 of 1
BID SOLICITATION
Printed:06/06/2016
BID OPENING DATE AND TIME:
6123/20161:30:00 PM
BID NUMBER: 16-0293
BUYER:Cristina Camarillo
PHONE#: (817)392-8355 ext.
DELIVERY REQUIRED:6/23/2016
VVendor Name: H City of Ft Worth
E L L> A+,-7I It
th Freeway,Suite 2200
N Address: 4200 Sou
D 33r->8q.5' 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 grounds maintenance at South and West District Traffic
Dividers 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
4.000 WEST DISTRICT TRAFFIC DIVIDERS,PER ATTACHED 1 EA C 3
SPECIFICATIONS.
UNIT COST=TOTAL COST FROM PRICE SHEET,ATTACHMENT 5,
PAGE 32-36.
5.000 SOUTH DISTRICT TRAFFIC DIVIDERS,PER ATTACHED 1 EA
SPECIFICATIONS.
UNIT COST=TOTAL COST FROM PRICE SHEET,ATTACHEMENT 5,
PAGE 37-42.
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. 1
TERM OF PAYMENT: COMPANY: LAWS � GC
DELIVERY: SIGNATURE:
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FORTWORTH.
ATTACHMENT 3—CONTRACTOR CONTACT INFORMATION
Contractor's Name: �r4 L 1 NL
Contractor's Local Address:T-o, �x � 12)9 3
Phone:S V, - L4?.3 . TO 3 Fax: B Q• o��3 • �1 ��
Email:Tnru C)`C(L,-)ngajYD( Yvi CP r-ong
Name of persons to contact when placing an order:
Name/Title f) CvY1 2
Phone: 7) J Fax: 29
3 41 CO 9
Email 1�Y1�-1 �Ctuyn x(--1 1 sC-r ice • COWS
Name/Title i ' Q Cl o rnt 2
Phone:eo 7 ' Z2-1 3 Fax: ECT 2 9 3 4D
Email: C Qlurt D ,SPr1ii/P LOW)
Name/Title
Phone: Fax:
Email:
Signature Printed Namj Date
ITB No. 16-0293, Ground Maintenance at South and West Traffic Dividers
Page 30 of 43
LA-
CONFLICT OF INfiERERfi �UESTI�NNAIRE
FORM CIO
l
Far vendor doing bels mss with local glNefrmrlemal enitry
t 0FRCEusEON Y
This qursdlonnaft ralkcts ct®ngr■w&to it* tow bf KA 44..94111 Leg-"[W 809511011.
Tiltisquesbotvrtaire is being i lad in arca dance,with iGhapfer 175,Laval goverment Bodo. er sa3w 4
hg awen who Ms a business reWiovtshipde road bar Se�i3n 176-001{i a;ownh ala+tal
go%wrimenlal enAby and are wencbr nsee4s%9jiremeres under ion 176:>tjE4ati.
By bw this quecAiamnaire tntst be filedwith the ret*adminis=r cl the loc 1pNerrs-rtental
entity not laerihom 1he71h businim day cher the date lhewendar becomes ware of facts
that require the sme-mm to be filed. Soe Sloth m 176.01)6j;&"I?,Lacs]Govesmmemt God3..
A vendor commits an offense if the %,mdv knowingly Violates Section 176.036, Local
Gawernmemt Code-An oflemse undertffis section is,a rmsdemeanar.
tj we til venclorwho thus a buallnresa d�tl9hlpwlth lata governmental endty.
Iv
s Check Ws box II you are 1IIing n updahe to a plevlotOY fl*d gue9tlottnalre
(The law rsciwires that you file an updated r:ompleted cirmstionnoire with the appropriate filim awl,coHlY ncl,
later than the 7th bLmrew day whler the+date on which you bec,ane aware that the wimraliv filed questionnaire was
i-raampfete:or ina€scura".l
?J Rattle of local governmern alNcer about whom the InFormratlon In thls section Is being&gclo9€rd.
Name of t)ifr er
This 5ec6crn ahem 2 including subparts A.t3,C,3 Dl mall be completed for each a(ficerwitr wt5xn the'iendor her an
employmort or mer business relationship as defined bf Sminn 1703.0011 1-al, Local Giceiemrnert Dods. Attach additional
panes to be Form CIO as rmcessarj.
A. Is the kxal plowermert officer non-od in,this seabon recaiviN cr Ikx y to reaeim to oble 6xnne, other Shan irroe+sbnenl
incanne,tom dws vendor?
Yes F--jNo
B. Is the wandorreceivi or lkely in receive b xaNe iirmme.,a hor dean inreMmentrrome,Iran cr at She directior,ce.tho Ic,:al
poo mwwril.officer named in this mction AND the iaxallo iicone is not recaiwed hum$he Isocal go emme"A entity?
�Ym F--jNo
D. Is the alar of this gLmsionnaire employed by a corspccation or other itwsiness enti3R-with reser Ic-which the local
Weerrwwrit alficer ares as an cAker cr dirmlor.cc holds an ownership ingest of one went or rnore?
i
Yes F--j No
D.Uescril"each cnrovj"rit or busrwss and larrily rolalionship with the kcal prymrnwro officer named in thin Dnlan.
v
., 5tpmtuta of,moo,dory noces Kilo the�� na!t�l artihd �ak
lYci�ctad rs''7i�Y'`�•
ITB No. 16-0293, Ground Maintenance at South and West Traffic Dividers
Page 28 of 43
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: Q Personnel per Crew:
Contractor Name: Llux)11 ? Ct rl L -
�►�-n-�r�v,� ZZ—I Le
Signature Printed Name Date
ITB No. 16-0293, Ground Maintenance at South and West Traffic Dividers
Page 29 of 43
tiAw
p�TRp
Lawn Patrol Service, Inc.
P.O. Box 330895
Fort Worth,TX 76163
EQUIPMENT LIST
VEHICLES
2001- F350 Ford Pickup, Miles 227,131
2001- 1500 Dodge Ram, Miles 218,001
2001- 2500 Dodge Ram, Miles 176,319
2003- F150 Ford Pickup, Miles 41,351
2006- GMC 3500 Diesel, Miles 44,273
2007- GMC 3500 Diesel, Miles 44,273
2006- 2500 GMC Box Van, Miles 82,318
2008-GMC 1500 Pickup, Miles 39,286
2007- GMC 2500 Pickup, Miles 23,439
2009-GMC 2500 Diesel, Miles 31,217
2006- 2500 GMC Pickup, Miles 176,319
2006- Isuzu 3500 Box Van, Miles 76,330
2008-Ford Ranger Truck, Miles 55,000
2007-F250 Ford Pickup, Miles 77,000
2005-F250 Ford Pickup, Miles 67,000
2005-F250 Ford Pickup, Miles 64,000
2001-2500 Dodge Ram, Miles 33,000
2003- GMC Box Van, Miles 99,126
2007- F350 Flatbed Truck, Miles 52,365
ZERO TURNS
(6)-60" Gravely Zero Turn Mowers
(2)-72" Gravely Zero Turn Mowers
(4)-52" Gravely Zero Turn Mowers
(3)-2009-920A John Deere Zero Turn Mowers
(1)-34" Gravely Zero Turn Mower
(1 ) Zero Turn 72" Diesel 997
TRACTORS
(1)-2009-6100D John Deere Tractor w/15' cutter, Hours 391
(1 )-2009-5083 John Deere Tractor w/15' cutter, Hours 225
(1)-2006-5403 John Deere Tractor w/7' cutter, Hours 827
(1 )-2007-4105 John Deere Tractor w/6' cutter, Hours 673
Phone 817.423.2273 Fax 817.293.4769 www.lawnpatrolservice.com
Continue...
(2)-2012-4105 John Deere Tractor w/6' cutter, Hours 225
(1 )-2010-5093 John Deere Tractor w/ 15ft cutter, Hours 847
(1 ) Toro 4000 D 1 1 Ft. Batwing, Hours 218
TRAILERS
(4)-20 FT. Gooseneck Trailers
(1 )-Dump Trailer
(13)-Landscape Trailers
OTHER EQUIPMENT
(30)-Stihl Trimmers
(5)-Stihl Edgers
(1 )-200 Gallon Herbicide Sprayer
y;X*--!Yj
Lawn Patrol Service, Inc.
P.O. Box 330895
Fort Worth,TX 76163
REFERENCES
Kristoffer Rasmussen
4200 South Freeway Suite 2200
Fort Worth, TX 76115
817-392-5741 (office) 817-392-5724 (fax)
City of Fort Worth Parks & Recreation-Contract Compliance Specialist
Right of Ways/Parks
Kristoffer.rasmussen@fortworthtexas.gov
Darich LeVan
Transportation and Public Works Department
Storm Water Management Division
City of Fort Worth
1000 Throckmorton St. Rm. G14b
Fort Worth, TX 76102
817.392.7654 (Office)
817.718.4734 (Cell)
Darich.LeVan@fortworthtexas.aov
Toby Crabtree
Field Operations Supervisor
Bridge and Guardrail Division
City of Fort Worth, Texas
Office: (817) 392-5127
Cell: (817) 994-7473
E-mail: toby.crabtree@fortworthtexas.aov
Phone 817.423.2273 Fax 817.293.4769 www.lawnpatrolservice.com
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:
1J o 34
b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort
Worth? "Origi,abbinpFgtWorth" shall mean payable at the Fort Worth office. [must exceed
2. Economic Development opportunities resulting from contract.
240
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 oformer location, if Fort Worth office is
newly-established)? 5500 SE:
1–
of information:
The undersigned does hereby affirm that the information supplied is true and correct as of the
date hereof, under penalty of perjury.
�,�(1 i �►4'f�OL i%1ZV l C 10C . LP
(Company Name) (Da e)
An-0121� 0_bUt eW - D,���
Signature) (Printed Nam4 and Title)
ITB No. 16-0293, Ground Maintenance at South and West Traffic Dividers
Page 31 of 43
FORT WORTH.:
CITY OF FORT WORTH /PURCHASING DIVISION
INVITATION TO BID NO. 16-0293
GROUNDS MAINTENANCE AT SOUTH AND WEST TRAFFIC DIVIDERS
BID CLOSING DATE: June 23, 2016
For further information contact: Cristina Camarillo, Buyer
FAX (817) 392-8440 cristina.camarillo(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., June 30, 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. 16-0293, Ground Maintenance at South and West Traffic Dividers
Page 2 of 43
Page 1 of 1
BID SOLICITATION
Printed: 06/06/2016
BID OPENING DATE AND TIME:
6/23/2016 1:30:00 PM
BID NUMBER: 16-0293
BUYER:Cristina Camarillo
PHONE#: (817)392-8355 ext.
DELIVERY REQUIRED:6/23/2016
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 grounds maintenance at South and West District Traffic
Dividers 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.
4.000 WEST DISTRICT TRAFFIC DIVIDERS, PER ATTACHED 1 EA
SPECIFICATIONS.
UNIT COST=TOTAL COST FROM PRICE SHEET,ATTACHMENT 5,
PAGE 32-36.
5.000 SOUTH DISTRICT TRAFFIC DIVIDERS, PER ATTACHED 1 EA
SPECIFICATIONS.
UNIT COST=TOTAL COST FROM PRICE SHEET,ATTACHEMENT 5,
PAGE 37-42.
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. 16-0293, Ground Maintenance at South and West Traffic Dividers
Page 4 of 43
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/212016
DATE: Tuesday, August 2, 2916 REFERENCE NO.: **P-11907
LOG NAME: 13P16-0293 GROUNDS MAINTENANCE CC PARKS
SUBJECT:
Authorize Purchase Agreement for Grounds Maintenance at South and West Traffic Dividers with Lawn
Patrol Service, Inc., in the Amount of$395,539.00 for the First Year for the Park and Recreation
Department(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize a Purchase Agreement for grounds maintenance at
South and West Traffic Dividers with Lawn Patrol Service, Inc., in the Amount of$395,539.00 for the first
year for the Park and Recreation Department.
DISCUSSION:
The Park and Recreation Department(PARD)will use this Agreement to provide grounds maintenance at
the South and West District traffic dividers.
The Invitation to Bid 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 clippings from street curbs and gutters after providing the grounds maintenance.
The west district will be maintained on a 21-day cycle based on weather conditions. The south district will
be maintained on a seven and 21-day cycle based on weather conditions.
The City has 13 other contracts for grounds maintenance and mowing services. Eleven of those contracts
are administered by PARD. Services are included at the following locations: alleys, the Business
Assistance Center, community centers, the Hazel Harvey Peace Center for Neighborhoods, libraries,
Meacham International Airport, medians, parking lots, parks, pump stations, roundabouts, street corners,
sewer lift stations, traffic dividers, water tanks and water treatment facilities at an annual cost of
approximately $2,600,990.00. The Alley Maintenance Agreement is administered by the Transportation
and Public Works Department, the Airport Agreement is 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 first
year of the Agreement, the department estimates purchases in the amount of$316,424.90 from Lawn
Patrol Services, Inc. The remaining amount of$79,106,00 is requested to ensure that as locations and
services are added, funding for grounds maintenance will be available.
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 June 8, 2016, June
Logname: 13P 16-0293 GROUNDS MAINTENANCE CC PARKS Page 1 of 2
15, 2016 and June 22, 2016. The Purchasing Division solicited 252 vendors from the purchasing vendor
database. Three responses were received.
BID TABULATION - Please see the attached bid tabulation.
MIWBE OFFICE -A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
Purchasing Division and approved by the MIWBE Office, in accordance with the BDE Ordinance, because
the purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible. Additionally, Lawn Patrol Service, Inc., is a certified M/WBE firm.
AGREEMENT TERM - Upon City Council's approval, these Agreements shall begin on August 3, 2016
and expire on August 21 2017.
RENEWAL OPTIONS - The Agreements may be renewed for up to four additional one-year terms at the
City's option. This action does not require specific City Council approval provided that the City Council
has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION 1 CERTIFICATION:
The Director of Finance certifies that funds are available within the existing appropriations of the Park and
Recreation Department and prior to an expenditure being made, the Park and Recreation Department has
the responsibility to validate the availability of funds.
BQN116-02931CC
FUND IDENTIFIERS (FIDS):
TO _
Fun Department ccoun Project ctivity Budget Reference# moun
!D - ID Pro-gram_ ` _ �- Year (Chartfield 2)
FROM
Fund Department ccoun Project Program ctivity Budget Reference# moun
l
I❑ ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Oriainatina Department Head: Aaron Bovos (8517)
Jack Dale (8357)
Additional Information Contact: Cristina Camarillo (8355)
ATTACHMENTS
1. 16-0293 EPLS.odf (CFW internal)
2. 16-0293 Waiver.pdf (CFW Internal)
3. BID TAB 16-0293.pdf (Public)
4. Form 1295.pdf (Public)
5. PACSD-16-00353107.2df (CFW Internal)
Logname: 13P16-0293 GROUNDS MAINTENANCE CC PARKS Page 2 of 2