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Home My WebLink AboutContract 50797 bt y61 S 9��r1 ti 'i CITY SECRETARY RECEIVED COWWT NO. MAY 2 9 2018 ST AMENDED AND RESTATED CITY PARKS GROUNDS MAINTENANCE nTy O3 FORT WORTH -+ AGREEMENT 0TY SECRETARY ti C' TH IS FIRST AMENDED AND RESTATED CITY PARKS GROUNDS MAINTENANCE QI 6 8EMENT("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. 15-0039 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$751,089.00 for contracts awarded to the successful bidders; WHEREAS, Contractor was one of the successful bidders awarded a contract to provide non- exclusive mowing and grounds maintenance services to the City; WHEREAS,City issued Purchase Order Number 17-0(3098358 in the name of the Contractor in to perform the services under the Invitation to Bid; WHEREAS,City and Contractor wish to restate the terms of the Agreement; WH ERAS,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; 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: 1. This First Amended and Restated City Parks Grounds Maintenance Agreement 2. Exhibit A—City of Fort Worth Invitation to Bid No. 15-0039(including any addendums) 3. Exhibit B—Contractor's Response to Invitation to Bid No. 15-0039. 4. Exhibit C—Contract Specifications 5. Exhibit D—Insurance All Exhibits attached hereto are incorporated herein and are made a part of this Agreement for all purposes.In the event of any conflict between the Exhibits and the terms and conditions of this Agreement, this Agreement shall control. FO"ICIALECORitiETARY FT. WORTH,TX First Amended and Restated City Parks Grounds Maintenance Agreement Page i of 27 Lawn Patrol Service,Inc. SECTION 2 SCOPE OF WORD 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. 15-0039 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. 15-0039 shall be an amount not to exceed$751,089.00,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 he 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 March 18, 2015 and expire on March 17, 2016 ("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 March 18, 2016 to March 17,2017 and the second renewal from March 18,2017 to March 17,2018. The City and Contractor agree that this Agreement should be renewed for the third renewal period from March 18,2018 to March 17,2019. 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 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. First Amended and Restated City Parks Grounds Maintenance Agreement Page 2 of 27 Lawn Patrol Service,Inc. 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 Mow i ng a.Fort WortliTexas.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 (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"). First Amended and Restated City Parks Grounds Maintenance Agreement Page 3 of 27 Lawn Patrol service,Inc. 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 S 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. First Amended and Restated City Parks Grounds Maintenance Agreement Page of 27 Lawn Patrol Service,Inc. 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 4204 South Freeway, Suite 2200 Fort Worth,Texas 76163 Fort Worth,Texas 76115 With copies to: City Attorney's Office City of Fort Worth 244 Texas Street Fort Worth,Texas 76102 First Amended and Restated City Parks Grounds Maintenance Agreement Page 5 of 27 Lawn Patrol Service,Inc. 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 I5.I It is expressly understood and agreed that Contractor and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representative, agents, servants,officers,contractors,subcontractors,and volunteers. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers,representatives,agents,servants and employees, and Contractor and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that the First Amended and Restated City Parks Grounds Maintenance Agreement Page 5 o£27 Lawn Patrol Service,Inc. 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. 15.2 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 117 GOVERNMENTAL POWERS AND IMMUNITIES 17.1 It is understood that by execution of this Agreement,the City does not waive or surrender any of its governmental powers or immunities. SECTION 18 AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES 18.1 By executing this Agreement, Contractor's agent affirms that he or she is authorized by Contractor or its general partner to execute this Agreement and that all representations made herein with regard to Contractor's identity,address,and legal status are true and correct. 18.2 This Agreement may be executed in several counterparts, each of which will be deemed an original,but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. SECTION 19 SEVERABILITY AND NO WAIVER 19.1 It is agreed that in the event any covenant,condition or provision herein contained is held to be invalid by any court of competent jurisdiction,the invalidity of such covenant,condition or provision shall in no way affect any other covenant, condition or provision does not materially prejudice either Contractor or City in connection with the right and obligations contained in the valid covenants,conditions or provisions of this Agreement. 19.2 The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. First Amended and Restated City Parks Grounds Maintenance Agreement Page 7 of 27 Lawn Patrol Service,Inc. 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, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. First Amended and Restated City Parks Grounds Maintenance Agreement Page 8 of 27 Lawn Patrol Service,Inc. (SIGNATURES ON FOLLOWING PAGE) First Amended and Restated City Parks Grounds Maintenance Agreement rage 9 of 27 Lawn Patrol Service,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 WORTH CONTRACTOR Fernando Costa Name: l-t" Assistant City Manager Title: 4,-e-s Recommended- Rikhard Zavala, Director Par and Recreation Department APPROVED AS TO FORM AND LEGALITY: Richard A. McCracken Assistant City Attorney ATTEST: F��!�r�y ary Kayse C] City Secret * x M&C.- P-11744 ] A . Date: 3117115 Form 1245: NIA Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including all performance and reporting requirements. OFFICIAL RECORD Name: u. X- /l'/Za 'roc-s CITY SECTARY Title: C.bn+ovf C ��.arc� � �w��t FT.WORTH,TX First Amended and Restated City Parks Grounds Maintenance Agreement fte 10o1727 Lawn Patrol Service,Inc. EXHIBIT A CITY OF FORT WORTH INVITATION TO BID NO. 15-0039 First Amended and Restated City Parks Grounds Maintenance Agreement Page l 1 of 27 Lawn Patrol Service,Inc. EXHIBIT B CONTRACTOR'S RESPONSE TO INVITATION TO BID NO. 15-0039 First Amended and Restated City Parks{hounds Maintenance Agreement Page 12 of 27 Lawn Patrol Service,Inc, 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 establishes! 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: I_ 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 sail 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 — ['he time periods established by the City for the mowing season within which all prescribed maintenance activities for each area shall be completed. First Amended and Restated City Parks Grounds Mainlenance Agreement Page 13 of 27 Lawn Patrol Service,Inc. 9. Mowing Height—The setting of mowing equipment to cut grass to a height of two (2) inches for project areas designated for 7-or 14-day mowing Cycles,to a height of three (3)inches for project areas designated for 21-,or more,day mowing Cycles,or as specified by the Contract Manager. 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-Maw Area — An area of land designated for wildflowers, flowers or natural regeneration of native grasses. 13. Ozone Action Days - The period from May i 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 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. First Amended and Restated City Parks Grounds Maintenance Agreement Page I4 of 27 Lawn Patrol Service,Inc. IV. GROUNDS MAINTENANCE AND TRIMMING 1. Contractor shall remove Trash and Litter,mow,edge,and trim every 7, 14,21,28,or 42 days during the Mowing Season,as specified in the Work Order. 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. S. 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. g. 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. First Amended and Restated City Parks Grounds Maintenance Agreement Page 15 of 27 Lawn Patrol Service,Inc. 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. 16. Dead grass should be removed after any herbicide application. 17. Herbicide application must be in compliance with the State of Texas Structural Pest Control Board Laws and Regulations or the Texas Department of Agriculture Laws and Regulations. Contractor, or his/her representative, must have a copy of their pesticide license on file with the Park and Recreation Department Prior to the use of any herbicide. 18. Contractor will receive Mowing Maps and Work Orders outlining Non-Mow Areas. Contractor shall be responsible for informing Contractor's agents and employees of Non- Mow Areas. Contractor shall be responsible for damages to Non-Mow Areas caused by Contractor's agents or employees. 19. Contractor shall use reasonable care to avoid damaging buildings,equipment(including but not limited to irrigation heads and valve boxes), or vegetation on City or any other public or private property. 20. The Contractor shall assess the Project Area to be mowed, prior to starting, and make necessary adjustments to mowing methods in order to avoid cutting or damaging irrigation heads. 21. 1£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(GARB)revision#2 standards. First Amended and Restated City Parks Grounds Maintenance Agreement Page 16 of 27 Lawn Patrol Service,[ne. V. BLOWING OF GRASS/DEBRIS Chapter 12.5,Section 12.5-302,subsection(a)of the City Code provides that a person commits an offense if the person introduces or causes to be introduced into the MS4(Municipal Separate Storm Sewer System) any discharge that is not composed entirely of storm water. Contractor shall not blow grass 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 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. S. 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. First Amended and Restated City Parks Grounds Maintenance Agreement Page l7 of 27 Lawn Patrol Service,Inc. 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 %Z"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 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 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 b"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 CHEEKS 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 First Amended and Restated City Parks Grounds Maintenance Agreement Page 18 of 27 Lawn Patrol Service,Inc. XI. FENCES 1. The Contractor wiii 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 76102 ($17) 392- 6594 for inquiries regarding permit. First Amended and Restated City Parks Grounds Maintenance Agreement Page 19 of 27 Lawn Patrol Service,Inc. 2. The Contractor shall be responsible for providing traffic control while performing Services in accordance with this Agreement, consistent with the provisions set forth in the latest edition of the "Texas Manual on Uniform Traffic Control Devices" and the Texas Transportation Code. 3. The Contractor will not remove any regulatory sign, instructional sign,street name sign, or other sign which has been erected by the City. XVII. WORK ORDERS 1. A Work Order shall consist of a written document, specifying the type of work, Contractor's name,Project Area,maintenance Cycle,beginning and end dates,price to be paid by the City and comments. 2. The Contractor shall not begin work on the Project Area until a Work Order is received by the Contractor from the City. 3. Failure to obtain a Work Order prior to beginning a maintenance Cycle may result in non- payment for work performed. 4. Electronic Work Orders — The City may utilize electronic work orders. ALL CONTRACTORS MUST HAVE THE TECHNOLOGICAL CAPABILITY TO USE THE CITY'S ELECTRONIC WORK ORDER SYSTEM. Contractors will be required to have high-speed access to the Internet in order to receive Work Orders and submit proof of compliance with Work Orders,including photographs of completed work. Minimum specifications required for electronic Work Orders are: a. Digital cameras capable of at least 1 mega-pixel with image resolution of 1280 x 1224 that adds date stamp on the face of the picture. b. A high capacity color printer capable of 200 imprints with map image per day. C. WIRELESS READY- The ability to accept Work Orders and send completed Work Orders from a mobile wireless device,laptop, or other similar equipment. i. Work Orders will be provided to Contractor(s) electronically via the Internet, and the City will receive completed Work Orders from the Contractor,with all required documentation, in the same manner. ii. Contractors will be responsible for ensuring and maintaining compatibility with the City's system. iii. The City reserves the right to accept or deny completed Work Orders that are submitted by any other means. d. CELL PHONE REQUIREMENTS i. Contractor shall have an Android or iPhone cellular telephone. First Amended and Restated City Parks Grounds Maintenance Agreement Page 20 of 27 Lawn Patrol Service,Inc. 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[Os 11,or better,operating system; C. A camera that can take pictures at 12 megapixels and up;and d. A storage capacity of 128 gigabits or more. C. Training—Contractor shall attend mandatory training as scheduled by Contract Manager for the electronic Work Order system. XVIII. SCHEDULING 1. SCHEDULES a. The Contractor shall submit a written Maintenance Schedule for each Project Area Prior to the end of the first mowing Cycle.The City of Fort Worth has the right to require the Maintenance Schedule to be submitted electronically, including through an electronic Work Order system utilized by the City, or by a City approved cell phone application. b. Upon approval by the Contract Manager, the Contractor shall comply with the written Maintenance Schedule throughout the mowing season. The next mowing Cycle Work Order will not be issued until a new written Maintenance Schedule is received for the next mowing Cycle in accordance with subsection a. C. If the Contractor expects to vary from the schedule,the Contractor shall notify the Contract Manager of the variation in advance and specify an alternate Maintenance Schedule.Alternate Maintenance Schedules are subject to approval by the Contract Manager. 2. CHANGES IN SCHEDULES a. The Contract Manager has the authority to alter, cancel, or reassign to another Contractor scheduled mowing Cycles on a week-to-week basis.The changes will be based upon need, weather conditions, and available funding. The Contractor will be notified by email of such changes. b. The City reserves the right to perform grounds maintenance operations during cancelled or altered Cycles. C. The Contract Manager may change the frequency of grounds maintenance Cycles based on maintenance needs. First Arnended and Restated City Parks Grounds Maintenance Agreement Page 21 of 27 Lawn Patrol Service.Inc. 3. COMPLETION SHEETS a. The Contractor must use the most recent format or version of the completion sheet provided by the Contractor Manager at all times. The Contractor will submit daily completions using the new electronic work order system upon implementation by the City. b. The Contractor shall submit each day's completions that are ready for inspection within the first regular work day after the maintenance is completed. 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. XXX. PERFORMANCE 1. Upon issuance of a Work Order, the Contractor shall begin work and shall proceed with all reasonable dispatch to complete it.The Contractor shall maintain the same schedule as the one submitted to the Contract Manager at the beginning of the Mowing Season. 2. The Contractor will be required to maintain all Project Areas assigned during the maintenance Cycles. 3. Inclement Weather may result in the cancellation of a mowing Cycle only if the Contract Manager determines that there was an insufficient time period available during the mowing Cycle for the Services to be performed_ Contractor shall not be paid for any cancelled mowing Cycle. 4. The Contractor may be required to return to maintain specific locations due to Incomplete Work. Any such Call Back must be completed within three (3) calendar days of the request. Failure to complete work identified in the Call Back will result in non-payment for the Incomplete Work. 5. Contractors performing a Call Back within 3 calendar days must complete all items deemed unacceptable in the first inspection of the original scheduled mow. Failure to do so will result in non-payment for Incomplete Work. 6. Contractor will ONLY be paid for work actually completed during the established mowing Cycle,unless due to weather or other valid reason which the Contract Manager has granted an extension to the scheduled mowing Cycle. 7. Failure to complete work in accordance with the approved schedule, Call Back and/or submitted completion sheets within the required timeframes may result in Contractor paying to the City the City's cost in correcting the work or termination of the Agreement. 8. if the City determines that the work is not acceptable and the issue is not resolved within three(3)calendar days of the City's request to correct the work,the City has the right to First Amended and Restated City Parks Grounds Maintenance Agreement Page 22 of27 Lawn Patrol service,Inc. reassign the work to another contractor or perform the work with City personnel. Should the work be assigned to another contractor or completed by City personnel,the Contractor shall pay to the City the City's cost for paying another contractor to perform the work or for City staff to perform the work.Such amounts may be deducted from any invoices paid by the City to Contractor. XX. PHOTOGRAPHIC EVIDENCE I. The Contractor is responsible for providing before and after photographic evidence of all Project Areas completed. Upon implementation of an electronic Work Order system by the City,the photographs must be submitted through the electronic Work Order system. 2. All photographs must be time and date stamped. 3. Inspection reports documenting incomplete Work or poor performance will have photographic evidence attached. The Contractor's response will include photos of the precise location of the corrected work, framed with the same background as the original inspection photograph. 4. Failure to provide photographic evidence upon request will result in non-payment for the service location until proper photographic evidence is submitted to the City. XXI. POINT OF CONTACT 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 CFWMowing@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. Hirst Amended and Restated City Parks Grounds Maintenance Agreement PW 23 of 27 Lawn Patrol Suvice,Inc. 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 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. First Amended and Restated City Parks Grounds Maintenance Agreement Page 24 of 27 Lawn Patrol Service,Inc. 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. First Amended and Restated City Parks Grounds Maintenance Agreement Page 25 of 27 Lawn Patrol Service,Inc. 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. 15-0039 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: V11 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. First Amended and Restated City harks Grounds Maintenance Agreement Pne26 ol'27 Lawn Patrol service,Inc. 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. First Amended and Restated City Parks Grounds Maintenance Agreement Page 27 of 27 Lawn Patrol Service,Inc, FORTWORTH. ADDENDUM TO INVITATION TO BID NO. 15-0039 CITY PARKS GROUNDS MAINTENANCE CITY OF FORT WORTH PURCHASING DIVISION ADDENDUM NO. 2 DATE ISSUED: JANUARY 27, 2015 INVITATION TO BID NUMBER(ITB): 15-0039 BID OPENING DATE: JANUARY 29, 2015 (UNCHANGED) ITB No. 15-0039, issued January 27, 2015, is hereby amended as follows: 1. The price sheets for "East District Parks" were replaced and changed to read "East District Parks Revised". *The revised price sheets are included as part of Addendum 2.* All other terms and conditions remain unchanged. kpo�4�16� Marilyn Jackson PURCHASING SUPERVISOR .... -- ...... By the signature affixed below, Addendum No. 2 is hereby incorporated into and made part of the above referenced Invitation to Bid. COMPANY NAME: SIGNATURE: NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. CO pO U m N Z W W U w Y CO Q H m CN CO N V W uj O 0 e6 W (nap CO Z Q ? 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) § / w ƒ 0 0 Cl) w (D w k _j0 0 CO z I § - = z o = e e u Cl) z \ 0 < w 2 m m LU LU ± Cl) = = m 0 2 0 § 2 ± m < 9 - j \ § ± h < 2 ƒ LU w ± e e 4 ± 2 ¥ _ ƒ e E 0 0 0 / ƒ 0 § § / / « E z = z g g \ \ j \ ) / i CO w § 5 § o / § < ± < § §_ k 2 m / i � w w § 0 \ ® § 4 / a / k w \ o } 0 0 a e CN i p Z m CO w o \ o \ R 0 u LO w ) ) i w G z j _ < § E E 8 < + 0 z < < < = < < 0 4 w z z N z , e o = = I w e > & § w Cl) Cl) % % \ / o ¥ CO co \ Z E L f Z j u w0 e § 5 = < k � \ � E g m / \ \ } \ E - e 2 ] w C) e \ \ W \ C } < \ CO \ 9 8 § § < � ^ k ~ G 0 § Of / C) E 0< m w ƒ 0 § § / / \ e o = c @ ® E o Cl) \ \ 0 co LL > E 2 z z 1 & ■ § k / 0 ® « ƒ j $ 2 0 m ® < E i § 06 Of § \ \ ) 06 0 � \ C Cl) z \ z \ I w / _ § 0 z § ) -i k < z o _ o E \ \ < I < « m m p I m § z Q w w 0 ƒ w ® 0 z d d j j } j } z \ J v v / / / / § f \ j LU q 2 2 2 0 ® of � 2 K v a a a Cl) w 0 w $ � « 0 2 2 2 2 w / CO § a § Z F- z_ § e \ 0 \ E 0 m ° k 0 0 0 0 Ir z k \ E :20 � �_ 9 g j Cl)2 ± Q � m Q Q Q Oct ± e e 4 ± 2 U ° LU ® « o 0 0 0 / ƒ / § § § / 2 Q 2 ) v 2 co \ \ / \ ) / i \ w < ƒ 2 � C4 CV e « = E � « w R R R R R 0 \ 0 / 2 \ \ § 5 \ 2 § 0 0 0 0 0 o « 0 0 0 0 0 2 \ § i / { § \ § j j ° k k R R R R R \ \ § C) z < < < ? 00 0 < 2 0 0 z z z z z m z e o = _ = w N E m M w w m m C141 �LU �< , �CO o 0 �LU § E § \ CO Lu w / e § 5 = < k < E g m / \ Ll I \ } \ E - e 2 Of / ] w o e \ \ W \ § } \ \ < \< ƒ\ of \ 0 § \ 0 ± Ir * c C) E § < Lu o E ƒ w = o = 0 e 0 = w @ CO o \ \ \ § co \ j j \ \ m 0 < § i 0 U) U) F- P O § ) 1 / U k S S \ J < / §_ CO ƒ o z � q5 CO § C k / � K k k 2 e w i = z z \ \ m -i k z K K + < e < \ / \ co b < 2 U) U) LU Q 0 - e ƒ E i � w w 5 j 0 0 / U) � d d C) Cl) \ § w § 0 z x 06 v v � U u 2 0 { i q J 0 2 0 ± ƒ a co U) 0 0 0 3 3 / w ƒ e 0m LU z_ z_ 2 0 i Z i - = -i � k k k Cl) o = 0 e / o o >- O O O Q Q m 5 E \ § w + + O co 0� - LU \ Cl)- LL Z / LU LL CO � � o 0 0 ± e _ co Cl) Cl) LU / \ / \ \ § \ § « m o a w Z < » ¥ / < \ CO 0 « R R R R _ ) R §d� tSSSSSo ]\ J J 3 3 Q e ' ® 2 9 b m L L L L L k k F- \ § \ § \ } } j / § § § § § o = - FORTWORTH. CITY OF FORT WORTH/PURCHASING DIVISION INVITATION TO BID NO. 15-0039 CITY PARKS GROUNDS MAINTENANCE BID CLOSING DATE: January 29, 2015 For further information contact: Cristina Camarillo, Buyer FAX(817)392-8440 cristina.camarillo(dfortworthtexas.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.,January 29, 2015, 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 LAwAr Ph4roevo, xmG N-� .o. Bok 33[7 a qSF'I 1 X '7 1 3 Signature: Federal ID Number(TIN)or 5 a q / Name and Title(Typed or Printed) Social Security Number and Legal K+60m _ Ae ; Company Name LAWA.1 .44rO Se!UJ1Za _rAJ C Date ( — Telephone Number B/ 7- 493- 9a-73 Fax Number 81?-00'L9 3—`f 7(0 9 Email address: b 1Aco Sevc)/' . CD K-t Cooperative Purchasing: Should other Governmental Entities decide tb 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, JD, CPPB Purchasing Manager Page 1 of 2 BID SOLICITATION Printed:01/06/2015 BIDOPENINGp_►TEND�TIME; 1129 2Qa15� 0 0 PM . BIDMMBER- 0,039 BUYER:Cristina Camarillo PHONE#: (817)392-8355 ext. DELIVERY REQUIRED:1/29/2015 EVendor Name: I—Au0n.1 ,Pa+Ib� S City of Ft Worth N Address: 4200 South Freeway,Suite 2200 D P� goy. 3 30 S p FORT WORTH TX 76115-1499 City,State Zip Code: �I W TL I q- -1ln l(.0 a T O Item Class-Item Quantity Unit Unit Price Total 1.000 The City of Fort Worth seeks bids from qualified vendors to establish an annual agreement for mowing at multiple locations for the Parks and Community Services Department per the attached specifications.The term of the agreement shall be for a one-year(1)period,with four(4)options to renew for additional one-year periods. A pre-bid conference will be held at 9:00 AM,Wednesday,January 14, 2015,at the Greenbriar Community Center located at 5200 Hemphill Street, Fort Worth,Texas,76115. FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL IMPACT A POTENTIAL VENDOR'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE.ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. ONE(1)SET OF AERIAL MAPS PER CONTRACTOR MAY BE PICKED UP AT CITY OF FORT WORTH,PURCHASING DIVISION,IN THE LOWER LEVEL OF THE MUNICIPAL BUILDING,1000 THROCKMORTON ST,FORT WORTH,TEXAS 76102 FROM 9:00 A.M. TO 4:00 P.M.,MONDAY THROUGH WEDNESDAY. SUBMIT PRICES ON THE BID LOCATION AND DETAILED PRICE FORM LOCATED WITHIN THE BID PACKAGE.ALSO,INCLUDE OVERALL TOTAL FOR EACH SECTION ON THE BID SOLICITATION SHEET. 2.000 North District Parks,per attached specifications. 1 EA a {DD Annual Cost A+Annual Cost B+Annual Cost C+Annual Cost D+ Annual Cost E=Total Annual Cost 3.000 East District Parks,per attached specifications. 1 EA �, D Annual Cost F+Annual Cost G+Annual Cost H+Annual Cost I+Annual Cost J=Total Annual Cost 4.000 South District Parks,per attached specifications. 1 EA ot Oslo Annual Cost E+Annual Cost F+Annual Cost G+Annual Cost H=Total Annual Cost 5.000 South District Libraries and Community Centers,per attached 1 EA specifications. Annual Cost C+Annual Cost D=Total Annual Cost Page 2 of 2 BID SOLICITATION Printed:01/06/2015 BID-OPENINGf.DATE,AND TIME: 1 X29-120151 30X--. 1 ��.� ? BID IUMBER:15-OID39 '. BUYER:Cristina Camarillo PHONE#: (817)392-8355 ext. DELIVERY REQUIRED:1/29/2015 V Vendor Name: S City of Ft Worth E H N Address: I' 4200 South Freeway,Suite 2200 p p FORT WORTH TX 76115-1499 O City,State Zip Code: R T O Item Class-Item Quantity Unit Unit Price Total 6.000 West District Parks,per attached specifications. 1 EA r)—7,C) Annual Cost E+Annual Cost F+Annual Cost G+Annual Cost H=Total Annual Cost 7.000 West District Libraries and Community Centers,per attached 1 EA specifications. Annual Cost C+Annual Cost D=Total Annual Cost TOTAL: j 'l q 9 2 CQ WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 60 DAYS. WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 60 DAYS. TERM OF PAYMENT: COMPANY: LA�sv�- P'A-M DELIVERY: SIGNATURE: TELEPHONE NUMBER: NAME AND TITLE: s EQUIPMENT LIST 2001-F350 Ford Pickup/Own-Y/Miles-227,131/Primary-P 2001- 1500 Dodge Ram/Own-Y/Miles-218,001/Primary-P 2001- 2500 Dodge Ram/Own-Y/Miles-176,319/Primary-P 2003-F150 Ford Pickup/Own-Y/Miles-152,103/Primary-P 2006- GMC 3500 Diesel/Own-Y/Miles-41,351/Primary-P 2007- GMC 3500 Diesel/Own-Y/Miles-44,273/Primary-P 2006-2500 GMC Box Van/Own-Y/Miles-82,318/Primary-P 2008-GMC 1500 Pickup/Own-Y/Miles-39,286/Primary-P 2007- GMC 2500 Pickup/Own-Y/Miles-23,439/Primary-P 2009-GMC 2500 Diesel/Own-Y/Miles-31,217/Primary-P 2006-2500 GMC Pickup/Own-Y/Miles-176,319/Primary-P 2006- Isuzu 3500 Box Van/Own-Y/Miles-76,330/Primary-P 2008-Ford Ranger/Own-Y/Miles-55,000/Primary-P 2007-F250-Own-77,000 Miles 2005-F250-Own-67,000 Miles 2005-F250-Own-64,000 Miles 2001-Dodge Ram 2500-Own-33,000 Miles 2007 Isuzu Box—Own-64,371 Miles 2010-Ford Ranger-Own-90,001 Miles 2009-Dodge 2500-Own-95,131 Miles 2009-Irrigation Van-Own-101,213 Miles (6)-60" Gravely Zero Turn Mowers/Own-Y/Primary-P (2)-72" Gravely Zero Turn Mowers/Own-Y/Primary-P (4)-52" Gravely Zero Turn Mowers/Own-Y/Primary-P (5)-2009-920A John Deere Zero Turn Mowers/Own-Y/Miles-317/Primary-P (1)-48" Gravely Zero Turn Mower/Own-Y/Primary-P (60)-Stihl Trimmers/Own-Y/Primary-P (12)-Stihl Edgers/Own-Y/Primary-P (1)-2009-6100D John Deere Tractor w/15' cutter/Own-Y/Miles-3 9 1/Primary-P (1)-2009-5083 John Deere Tractor w/15' cutter/Own-Y/Miles-225/Primary-P (1)-2006-5403 John Deere Tractor w/7' cutter/Own-Y/Miles-827/Primary-P (1)-2007-4105 John Deere Tractor w/6' cutter/Own-Y/Miles-673/Primary-P (2)-2012-4105 John Deere Tractor w/6" cutter/Own-Y/225 Hrs. (3)-20 FT. Gooseneck Trailers/Own-Y/Primary-P (1)-Dump Trailer/Own-Y/Primary-P (9)-Landscape Trailers/Own-Y/Primary-P (2)-200 Gallon Herbicide Sprayer/Own-Y/Primary-P (1)-2007 F-350 Flatbed/Own-Y/63,000 Miles/Primary (1)-2010 John Deere 5093 Tractor with 15ft cutter/Own-Y/Primary-P (1) Zero Turn 72"Diesel 997 (1) Toro 4000 D 11 Ft. B atwing (1) Perma Green Fertilizer Spreader (1) 2008 4 X 4 John Deere Gator (SRT ORTH� ATTACHMENT 5-VENDOR CONTACT INFORMATION Vendor's Name: LA t,,si P&�k✓O \ S-C-eu < Ge, _� C- Vendor's Local Address: Q31 Q pAr-L�tf c, ,D✓i,dG Wax-�^-i lZl —ICQ l 3 Phone: R1-1- `f�:3- AD.-73 Fax: 81 -1 Z9-9- 47C�"1 Email:__ T� IALJ^Q,*+Yb I gC✓t�l Le. fork Name of persons to contact when placing an order: Name/Title_ �✓Ll LCM.`� P�-� 5 Ae Phone: I "1—$a-'a- 03 I Fax: 8 L 1 - 29 3 - L+'7 (ten( Email: TO-'-!l Dl a�..or� a l Se�v�2 e . Co ►^� Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Signature Printed Name Date ITB No. 15-0039, City Parks Ground Maintenance Page 39 of 41 w � � >-cm \ � z � ~ kms � z U � � e il (J) O 9 Q R o % ) § E - � a � IP 0 O @ z777e Q z d \ § / w of v 0 Mnz r w / \ \k \ w � � k 0 O . 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LO It N F-N 04O U Cti1 X W W X v J J r V V N W W V o W W W J �U" p 0 0 J J V Y fn U U V U V Q }LLI L) 00 N J Y >- N N V vLU w w13 Q Q a 0 C7 V Y Q Y 0 C7 C7 G J w N W } Q W W N w w D 0 0 0 r N U r N N N Q m = W � �' d U' � � �' G' Y U V >. p U V V I- F- I- F-- 0 - F- H z g o a Q o o a s o 0 0 CO) 0 0 J v Q p W J O v a a v v v v v v O z O 00 ¢ z O O z z z z z z w :I N U O 5 F- F- > IDI Pi Pi I D CO � � N M V 0 �l LO 4-- 0 L 0) m + CD U U U) Q Q U Z Z Q a a D v) z O W W ZQ U J U V + Q V U LL H ZZ x x O z et o U Q W w O J J z ~ C) U •'.• } } + 11 D W = N co U) U) J J V U > F- z zz > > Q Z C7 x � FORT WORTH.: CITY OF FORT WORTH /PURCHASING DIVISION INVITATION TO BID NO. 15-0039 CITY PARKS GROUNDS MAINTENANCE BID CLOSING DATE: January 29, 2015 For further information contact: Cristina Camarillo, Buyer FAX(817) 392-8440 cristina.camarillo(&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., January 29, 2015, 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, JD, CPPB Purchasing Manager FORT WORTH,: 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 The City of Fort Worth prefers to make vendor payments by direct deposit to vendors' checking/savings accounts or by procurement credit card. The direct deposit process is called Automated Clearing House Transfer (ACH). Advantages of ACH are: Gives vendors use of the funds one business day AFTER the transfer has taken place. Vendors receive an e-mail showing the invoices being paid by the transfer. Invoices approved for payment by 3:00 p.m. will be transferred same day and will reach the vendors' bank accounts by the next business day. To register for ACH service please visit http://fortworthtexas.gov/purchasinq/, click on the link titled "Automated Clearing House Setup", download, complete and submit the two ACH forms. To register for credit card invoice payments, please contact Jack Dale, Purchasing Manager, by email at iack.daleafortworthtexas.gov. ITB No. 15-0039, City Parks Ground Maintenance Page 2 of 41 Page 1 of 2 BID SOLICITATION Printed: 01/06/2015 BID OPENING DATE AND TIME: 1/29/2015 1:30:00 PM BID NUMBER: 15-0039 BUYER:Cristina Camarillo PHONE#: (817)392-8355 ext. DELIVERY REQUIRED: 1/29/2015 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 vendors to establish an annual agreement for mowing at multiple locations for the Parks and Community Services Department per the attached specifications.The term of the agreement shall be for a one-year(1)period,with four(4)options to renew for additional one-year periods. A pre-bid conference will be held at 9:00 AM,Wednesday,January 14, 2015,at the Greenbriar Community Center located at 5200 Hemphill Street, Fort Worth,Texas,76115. FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL IMPACT A POTENTIAL VENDOR'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE.ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. ONE(1)SET OF AERIAL MAPS PER CONTRACTOR MAY BE PICKED UP AT CITY OF FORT WORTH, PURCHASING DIVISION, IN THE LOWER LEVEL OF THE MUNICIPAL BUILDING, 1000 THROCKMORTON ST, FORT WORTH,TEXAS 76102 FROM 9:00 A.M. TO 4:00 P.M.,MONDAY THROUGH WEDNESDAY. SUBMIT PRICES ON THE BID LOCATION AND DETAILED PRICE FORM LOCATED WITHIN THE BID PACKAGE.ALSO, INCLUDE OVERALL TOTAL FOR EACH SECTION ON THE BID SOLICITATION SHEET. 2.000 North District Parks, per attached specifications. 1 EA Annual Cost A+Annual Cost B+Annual Cost C+Annual Cost D+ Annual Cost E=Total Annual Cost 3.000 East District Parks,per attached specifications. 1 EA Annual Cost F+Annual Cost G+Annual Cost H +Annual Cost I +Annual Cost J=Total Annual Cost 4.000 South District Parks, per attached specifications. 1 EA Annual Cost E+Annual Cost F+Annual Cost G+Annual Cost H =Total Annual Cost 5.000 South District Libraries and Community Centers, per attached 1 EA specifications. Annual Cost C+Annual Cost D=Total Annual Cost Page 2 of 2 BID SOLICITATION Printed: 01/06/2015 BID OPENING DATE AND TIME: 1/29/2015 1:30:00 PM BID NUMBER: 15-0039 BUYER:Cristina Camarillo PHONE#: (817)392-8355 ext. DELIVERY REQUIRED: 1/29/2015 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 6.000 West District Parks,per attached specifications. 1 EA Annual Cost E+Annual Cost F+Annual Cost G+Annual Cost H =Total Annual Cost 7.000 West District Libraries and Community Centers, per attached 1 EA specifications. Annual Cost C+Annual Cost D=Total Annual Cost TOTAL: WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 60 DAYS. WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 60 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. 15-0039, City Parks Ground Maintenance Page 5 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. 15-0039, City Parks Ground Maintenance Page 6 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. 15-0039, City Parks Ground Maintenance Page 7 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; ITB No. 15-0039, City Parks Ground Maintenance Page 8 of 41 8.4.10 Procure any item by other means; and/or 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. 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: http://fortworthtexas.gov/citysecretary/info/default.aspx?id=2914 on the City's website. Revised February 21, 2013 ITB No. 15-0039, City Parks Ground Maintenance Page 9 of 41 SPECIFICATIONS FOR CITY PARKS 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 services for the City of Fort Worth (City). Contractor is required to meet all specifications listed herein as minimum requirements, and is required to submit firm, fixed unit costs for all services deliverable under the terms 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. 1.2 PRE-BID CONFERENCE -A pre-bid conference will be held at 9:00 AM, Wednesday, January 14, 2015, at the Greenbriar Community Center located at 5200 Hemphill Street, Fort Worth, Texas, 76115. 1.2.1 Bidders are responsible for familiarizing themselves with the work to be performed and should inspect ALL locations prior to the pre-bid conference and prior to submitting bids in order to be fully aware of the scope of the services required. Failure to inspect the jobsites will not relieve the successful bidder(s) from performing in accordance with the strict intent and meaning of the specifications at the awarded bid price. There will be no additional cost to the City of Fort Worth. 1.2.1.1 One set of maps per Contractor will be available for pick-up, Monday through Wednesday from 9:00 am to 4:00 pm at: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth, Texas 76102 1.2.2 FAILURE TO ATTEND THE PRE-BID CONFERENCE MAY IMPACT A BIDDER'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE, ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. 1.3 EQUIPMENT 1.3.1 Contractor shall have available all equipment and material upon arrival at job site or prove that Contractor has access to all equipment necessary to perform all work outlined in this Agreement. Failure to do so is cause for rejection of a bid and/or breach of contract. ITB No. 15-0039, City Parks Ground Maintenance Page 10 of 41 1.3.2 Bidders shall provide a list of machinery and equipment that they propose to use in the execution of the Agreement. See Attachment 2. This list will be used to determine whether or not the bidder can adequately perform the required work. All equipment the bidder anticipates committing to this contract should be included in the listing. 1.3.3 Bidder should be able to demonstrate adequate back-up equipment or plan to allow for breakdowns. 1.3.4 Insufficient and/or inadequate equipment as determined by the City of Fort Worth Parks and Community Services Department (PACS) is cause for rejection of a bid. PACS reserves the right to thoroughly inspect and investigate the establishment, facilities, business reputation, and other qualification of any bidder and reject any bid, irrespective of price, if it shall be determined lacking in any of the essentials necessary to assure acceptable standards of performance. 1.3.5 All equipment shall be in good repair at all times and be operated by a responsible employee. 1.4 BID GUARANTEE- Bids shall be accompanied by a bid guarantee in one of the following forms: 1.4.1 CERTIFIED CHECK; CASHIERS CHECK; OR SURETY BOND (ATTACHMENT 4) IN THE AMOUNT OF NOT LESS THAN FIVE PERCENT (5%) OF THE COST OF THE TOTAL ANNUAL BID, FAILURE TO SUBMIT THE BID GUARANTEE SHALL RESULT IN BID BEING NON-RESPONSIVE. 1.4.2 The bidder agrees to forfeit their bid guarantee to the City when he/she receives notice of the acceptance of the bid, and fails to execute the contract and fails to furnish a satisfactory performance bond within TEN (10)WORKING DAYS after receiving said notice. 1.4.3 All cashier checks will be returned to bidders after an award has been made by the City Council. 1.5 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. 1.6 PERFORMANCE- Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect. 1.7 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. 1.8 UNIT PRICE ADJUSTMENT 1.8.1 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. ITB No. 15-0039, City Parks Ground Maintenance Page 11 of 41 1.8.2 At the time the City exercise the renewal options, the Contractor may request a rate adjustment in an amount not to exceed the current Producer Price Index (PPI) rate of the original contract rate price or subsequent renewal rate price. 1.8.3 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. 1.8.4 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. 1.8.5 Prices bid shall remain firm for each one-year term of the Agreement. 1.8.6 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. 1.8.7 For no reason shall the Contractor suspend services without giving a thirty (30) day prior written notice to the Purchasing Manager. 1.9 INVOICES 1.9.1 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 purchase order number to the contractor during the process. 1.9.2 A properly prepared invoice shall be typewritten or computer printed and shall consist of the Contractors name, invoice#, address, date, mowing cycles completed (including the cycle number), date of cycles i.e. 6/1-6/14, project areas, unit cost per project area, City issued purchase order, release number and total cost. Incomplete or inaccurate invoices may result in delayed payments, as they shall be returned to the Contractor for correction and re-submittal. 1.9.3 The Contractor shall submit corrected/revised invoices within seven (7) calendar days of notification from the City. 1.10 SUBCONTRACTING - No subcontracting allowed without prior written permission from the respective City Department. 1.11 METHOD OF AWARD 1.11.1 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. 1.11.2 In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards. 1.11.3 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. 1.11.4 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or timely complete agreements of a similar nature. ITB No. 15-0039, City Parks Ground Maintenance Page 12 of 41 1.12 BIDS- Bidders are responsible for familiarizing themselves with the work to be performed under the agreement resulting from this bid. 1.12.1 Bidders shall submit the following items with their bid: 1.12.1.1 A completed and signed original Invitation to Bid (ITB) form. 1.12.1.2 A completed and signed original Bid Solicitation form. 1.12.1.3 Completed and signed originals of all addendums issued. 1.12.1.4 A completed and signed original Conflict of Interest Questionnaire, Attachment 1. 1.12.1.5 A completed and signed original List of Machinery& Equipment, Attachment 2. 1.12.1.6 A completed and signed original Reference Sheet, Attachment 3. 1.12.1.7 A completed and signed original Contact Information Form, Attachment 5. 1.12.1.7 A copy of all documents listed in section 1.12.1. 1.12.2 Failure to submit the items listed in section 1.12.1 may be grounds for rejection of a bid as non-responsive to the specifications. 1.13 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 bid opening date. 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: 1.13.1 Cristina Camarillo, Buyer, cristina.camarilloa-fortworthtexas.gov 1.13.2 City of Fort Worth Purchasing Division Attention: Cristina Camarillo 1000 Throckmorton Street Fort Worth, Texas 76102 1.13.3 Facsimile: (817) 392-8440, Attention: Cristina Camarillo 1.13.4 Questions of a substantial nature will be addressed in an addendum, posted on the City's Purchasing Web page for all interested parties. 2.0 GENERAL CONTRACT REQUIREMENTS 2.1 PERFORMANCE BOND -A performance bond is required within TEN (10)WORKING DAYS after award of an Agreement. The performance bond shall equal 5% of the total annual cost. See Attachment 4 for sample of required bond. 2.1.1 Example: Total Annual Cost=$100,000.00 x .05 = $5,000.00 (Amount of Performance Bond) ITB No. 15-0039, City Parks Ground Maintenance Page 13 of 41 2.2 INSURANCE 2.2.1 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. 2.2.1.1 Failure to provide such information within five (5) calendar days may be grounds for agreement termination. 2.2.2 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%. 2.2.3 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. 2.2.4 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 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. 2.2.5 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. 2.2.6 The Contractor shall furnish the Purchasing Manager, with a certificate of insurance documenting the required insurance prior to the commencement of services. 2.2.7 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. ITB No. 15-0039, City Parks Ground Maintenance Page 14 of 41 2.2.8 Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear(ATIMA). 2.3 ADDITIONAL INSURANCE REQUIREMENTS 2.3.1 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. 2.3.2 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 polices required by this Agreement. Certificates of insurance must be supplied to: Financial Management Services Department Attention: Purchasing Division ITB No. 15-0039 1000 Throckmorton Street Fort Worth, Texas 76102 2.3.3 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. 2.3.4 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. 2.3.5 Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 2.3.6 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. 2.3.7 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. 2.3.8 City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 2.3.9 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. 2.3.10 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. 2.3.11 Contractor's liability shall not be limited to the specified amounts of insurance required herein. ITB No. 15-0039, City Parks Ground Maintenance Page 15 of 41 3.0 TIME TO COMPLETE WORK 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 Administrator at the beginning of the mowing season. The Contractor will be required to maintain all project areas assigned during the maintenance cycles for each project area. Inclement weather may result in the cancellation of a mowing cycle, only if the Contract Administrator determines that there was an insufficient time period during the entire mowing cycle available for the services described to be performed. It shall be presumed that the Contractor can perform said services at the minimum rate of 25 acres per day per project area. 4.0 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. 5.0 DESCRIPTION/SPECIFICATIONIWORK STATEMENT This document references the Fort Worth Street Guide and Directory, 2010 MAPSCO. 6.0 SCOPE OF WORK 6.1 The work covered by these specifications consists of specific grounds maintenance services at specified parks, Community Centers, boulevards/medians/traffic islands and other City properties within each project area as required by established maintenance schedule. Contractor shall be responsible for removing all litter, mowing all areas, edging, all curbs and sidewalks, trimming all turf along pavement, including expansion cracks extending two feet onto the pavement, curbs and around or on signs, posts, guard rails, sidewalks, other obstacles and for removing all trash & litter from the site. Litter/trash includes, but is not limited to, other plastic, cans, tires, bottles, cardboard, rags, limbs and branches, rocks, and other similar solid materials and foreign debris which are not intended to be present as part of the landscape. 6.2 THE PROCESS OF BLOWING GRASS CLIPPING 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: "Any thing 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. 6.3 DEFINITIONS 6.3.1 GROUNDS MAINTENANCE PROJECT AREA shall refer to specific geographic area(s)of the City designated to receive specified grounds maintenance services. ITB No. 15-0039, City Parks Ground Maintenance Page 16 of 41 6.3.2 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. CONTRACTOR SHALL SUBMIT A WRITTEN MAINTENANCE SCHEDULE FOR EACH PROJECT AREA PRIOR TO THE END OF THE FIRST MOWING CYCLE. UPON 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 OF THE VARIATION IN ADVANCE 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. 6.3.3 CONCURRENT shall refer to all mowing, trimming, and litter 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 have 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. 6.3.4 CONTRACT ADMINISTRATOR shall mean the duly authorized representative of the Parks and Community Services Department who shall monitor the contractor's performance. 6.3.5 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 safety or satisfactorily that is in a manner that will not rut up or cause any damage to the turf. 6.3.6 OZONE ACTION DAYS shall refer to 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 TXDOT highway information boards. 6.3.6.1 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. 6.3.7 TRASH AND LITTER shall mean any and all 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, 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 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 litter and shall be removed. An acceptably policed area that is considered neat and clean shall be free of such trash and litter. Any illegal dumping should be reported to the Contract Administrator. An illegal dump site will be defined as a pile of debris larger than 3 cubic yards or about the size of a refrigerator or Volkswagen Beatle. ITB No. 15-0039, City Parks Ground Maintenance Page 17 of 41 6.3.8 TRIMMING shall be completed around buildings, facilities, hard surfaces, playgrounds, backstops, tennis courts, poles, trees and any other structure where weeds or grasses tend to grow. 6.3.9 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. 6.3.9.1 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. 6.3.9.2 THE CONTRACTOR OR HIS/HER REPRESENTATIVE MUST HAVE A COPY OF THEIR PESTICIDE LICENSE ON FILE WITH THE PARKS AND COMMUNITY SERVICES DEPARTMENT PRIOR TO THE USE OF ANY HERBICIDE. 6.3.9.3 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. 6.3.10 EDGING will be around all hard surfaces i.e. parking lots, and walkways. 6.3.11 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 7 or 14-day 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 contract termination. 6.3.12 MOWING SEASON typically refers to the time period beginning in March and ending when terminated by the Parks and Community Services Department. Usually, the season will end the latter part of November or after the first hard freeze. 6.3.13 MAINTENANCE AND BILLING CYCLE shall refer to 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 area shall be completed. 6.3.14 CLUMPED GRASS CUTTINGS (Wind Rows) shall refer to any accumulation of cut grass that on the day the mowing occurs exceeds six (6) inches in height. These clumps are typically found in areas where mowing equipment has turned, reversing directions. 6.4 GROUNDS MAINTENANCE AND TRIMMING 6.4.1 Contractor shall remove all litter/trash, mow, edge and trim, all turf areas EVERY 7, 14, 21, 28 or 42 days during the mowing season as specified on the work order. ITB No. 15-0039, City Parks Ground Maintenance Page 18 of 41 6.4.2 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. 6.4.3 Contractor shall use reasonable care to avoid damaging buildings, equipment and vegetation on City or any other public or private property. This includes, but is not limited to irrigation heads, fences, mailboxes, etc. The Contractor must assess the area to be mowed prior to starting and make necessary adjustments not to cut or damage irrigation heads. 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 from the contract price. 6.4.4 Contractor shall maintain sharp blades on all mowing equipment so as to cleanly cut, not tear, the blades of grass. All grass shall be cut at a height of two (2) inches on the 7 and 14-day cycle sites; and three (3) inches on the 21-day or more, cycle sites. Upon completion, a mowed area shall be free of clumped grass cuttings and tire tracks and ruts from equipment. Turf shall be cut in a manner so as not to scalp turf or leave areas of uncut grass. Care shall be taken to prevent discharge of grass clippings onto any paved surface such as streets, curbs and gutters, parking lots, sidewalks, concrete pads, creeks, lakes or ponds and/or onto adjacent properties. Any material so discharged shall be removed prior to leaving the project area. The Contractor shall dispose of all trash and litter at an off-site location procured by the Contractor at her/his sole cost and expense. 6.4.5 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. 6.4.6 All vegetation in cracks, seams, and joints of paved areas such as sidewalks, 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. The use of herbicides to control such growth may be permitted with the prior written approval of the Contract Administrator and in accordance with all applicable State laws and regulations. Tennis courts and basketball hardstands will be maintained free of all weeds and unwanted growth. 6.5 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. ITB No. 15-0039, City Parks Ground Maintenance Page 19 of 41 6.5.1 ASSESSMENT OF DAMAGES TO TREES DURING GROUNDS MAINTENANCE OPERATIONS: 6.5.1.1 The Contractor will check trees in the contract area before contract work begins, any damage will be noted and reported to the Contract Administrator. 6.5.1.2 The Contract Administrator will conduct random checks of the trees during the Agreement period. 6.5.1.3 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. 6.5.1.4 Damages shall be documented by memo to the City Forester with copy to contract file and the Contractor. 6.5.1.5 Contractor may have the option of replacement or payment for severely damaged tress at a location to be designated by PACS. Replacement shall be made on caliber inch per caliper inch basis with a minimum size of replacement tree of 2" in caliper. The 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 PACS at a rate of$200.00 per caliper. 6.5.1.6 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 PACSD, 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. 6.5.1.7 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. ITB No. 15-0039, City Parks Ground Maintenance Page 20 of 41 6.6 REMOVAL OF GRASS CLIPPINGS- Removal of cut grass from turf areas will not be required, unless otherwise specified by the Contract Administrator. Cut grass and debris that falls or it thrown by equipment upon the pavement, streets, curb, gutter, sidewalks, or adjacent properties through the action of the crew shall be removed prior to leaving the project area. 6.7 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 %inch nor will they be cut back from the edge of walks, trails, drives or curbs more than %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. 6.8 HAZARDOUS CONDITIONS-The Contractor is required to notify the Contract Administrator immediately of any hazardous conditions and/or damage to City property. 6.9 HARD SURFACE MEDIANS end caps or traffic islands within or adjacent to the contracted area, which are not specifically identified in these specifications, shall be deemed to be a part of the contracted area. 6.10 CONCURRENT CONTRACTS - In the event that any one Contractor is awarded contracts for mowing more than one project area, he/she shall proceed with work simultaneously in all areas awarded. 6.11 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. 6.12 STREET USE PERMIT 6.12.1 The Contractor will be required to obtain a "Street Use Permit" prior to starting work. Contact Aaron Long at (817) 392-8742. 6.12.2 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. 6.12.3 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. ITB No. 15-0039, City Parks Ground Maintenance Page 21 of 41 6.13 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 PARKS AND COMMUNITY SERVICES DEPARTMENT 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. 6.14 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 contract termination. 7.0 AWARD 7.1 The following are the areas that are part of the Agreement: 7.1.1 East District Parks (EDP) 7, 14, 21, 28 Day Mowing Cycles 7.1.2 West District Parks (WDP) 14, 21, 28 Day Mowing Cycles 7.1.3 West District Libraries & Community Centers (WD L& CC) 14 and 21 Day Mowing Cycles 7.1.4 South District Parks (SDP) 14, 21, 28 Day Mowing Cycles 7.1.5 South District Libraries & Community Centers (SDL & CC) 14 and 21 Day Mowing Cycles 7.1.6 North District Parks (NDP) 14, 21, 28, 42 Day Mowing Cycles 7.2 The City reserves the right to award agreements in any location combinations as best meets the City's needs. 7.3 Bidders should not expect to be awarded a combination of locations that includes both SDP and NDP. Low bidders on both a NDP and SDP combination will be allowed to choose which one they would like to be awarded. 8.0 INSPECTION AND ACCEPTANCE 8.1 Contract Administrator will be responsible for making inspections, monitoring the Contractor's activities and ensuring the work is performed in accordance with the Agreement specifications. The Contract Administrator shall record, process and submit all pertinent information to the Agreement file for determination of termination of Agreement or for non-renewal. Copies of documents related to inadequate performance will be submitted to the Purchasing Department. 8.1.1 In the event the Contractor fails to perform according to the terms of this Agreement, the Department head or his/her designee will notify the Contractor, in writing, of its failures. 8.1.2 The City reserves the right to terminate this Agreement, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Payment to the Contractor will be based on actual quantities of work performed and accepted by the City. ITB No. 15-0039, City Parks Ground Maintenance Page 22 of 41 8.2 A work order will consist of a written document specifying type of work, contractor name, project area, maintenance cycle, beginning and ending date, and comments. A work order is issued on the beginning date of each mowing cycle. The contractor shall not begin work on the project area until a work order is received. The work order shall be considered complete when all work in the project area has been inspected and approved by the Contract Administrator. Both the Contract Administrator and Contractor indicating agreement with the information shown on the work order including any comments noted by the Contract Administrator will then sign the work order. The completed work order sheets shall be attached to the monthly invoices verifying work performed. It is mandatory that all work orders be signed after completion of each cycle before a new work order may be issued. Failure to obtain a work order prior to beginning a maintenance cycle can result in non-payment for work performed. 8.3 Mowing cycles will begin on or about March 9, 2015 unless an earlier date is required. All cycles excluding monthly (30 or 31 days) will end on Sunday and work orders will be issued no later than the subsequent Monday, or before. 9.0 CONTACT-Contractor shall email each day's completions that are ready for inspection to the Contract Administrator. This will be accomplished the first regular work day after the maintenance is completed. Failure to contact the assigned Contract Administrator on the next regular work day after work is completed on an area can result in liquidated damages and may lead to the termination of the Agreement. 9.1 Contractor shall designate at least one (1) person as Point of Contact with office phone or cell phone number and email for accessibility. 9.2 Contractor's Point of Contact shall respond to calls, voicemails and emails within one (1) hour during normal business hours. 9.3 The person designated for this purpose shall be identified in the bid submittals. 9.4 Notification of any changes in contact numbers or personnel shall be in writing, and faxed (817-392-8440) or hand delivered to the Contract Administrator. 10.0 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). NOTE: FAILURE TO MEET THE CONTRACT REQUIREMENTS ON MORE THAN ONE OCCASION WITHIN THE PRESCRIBED MAINTENANCE SCHEDULE MAY RESULT IN THE TERMINATION OF THE CONTRACT AND DEMAND UPON THE CONTRACTOR'S BONDING COMPANY TO COMPLETE THE CONTRACT. 11.0 DELIVERIES AND PERFORMANCE 11.1 NOTE: THE CONTRACT ADMINISTRATOR HAS THE AUTHORITY TO CANCEL SCHEDULED MOWING CYCLES ON A WEEK-TO-WEEK BASIS.THE CANCELLATION WILL BE BASED UPON NEED, PREVAILING WEATHER CONDITIONS AND AVAILABLE FUNDING. 11.2 THE CONTRACTOR WILL BE NOTIFIED OF ANY CANCELLATIONS. THE CITY RESERVES THE RIGHT TO PERFORM GROUNDS MAINTENANCE OPERATIONS DURING CANCELED CYCLES. 11.3 THE CONTRACT ADMINISTRATOR MAY CHANGE THE FEQUENCY OF GROUNDS MAINTENANCE CYCLES FROM 28-DAY TO 14-DAY CYCLES OR 14 TO 21 DAYS. ITB No. 15-0039, City Parks Ground Maintenance Page 23 of 41 11.4 THE CONTRACTOR MAY BE REQUIRED TO RETURN TO MAINTAIN SPECIFIC LOCATIONS DURING CANCELLED CYCLES OR AFTER REGULAR SEASON MOWING HAS ENDED. ANY SUCH CALL BACK WORK SHALL BEGIN WITHIN TWO (2)WORKING DAYS OF THE REQUEST TO PERFORM WORK AND SHALL BE COMPLETED IN A TIMELY MANNER. ITB No. 15-0039, City Parks Ground Maintenance Page 24 of 41 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. ITB No. 15-0039, City Parks Ground Maintenance Page 25 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. ITB No. 15-0039, City Parks Ground Maintenance Page 26 of 41 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 Seller warrants that the goods or services do not infringe upon or violate any United States patent, copyright, or trade secret. Seller will defend at its expense any action against Buyer or Buyer as licensee to the extent that it is based on a claim that goods used or services provided used within the scope of the license hereunder infringe upon a United States patent, copyright or trade secret, and Seller will pay any and all costs and damages finally awarded against Buyer or Buyer as licensee in such actions which is attributable to such claim. Should the products or services become, or in Seller's opinion be likely to become, the subject of any claim of infringement, Seller shall either: (a) procure for Buyer the right to continue to use the goods or services; or (b) modify the goods or services to make them non-infringing, provided that such modification does not materially adversely affect Buyer's authorized use; or (c) replace the goods or services with equally suitable, compatible, and functionally equivalent non-infringing goods or services at no additional cost to the Buyer; or (d) if none of the foregoing alternatives is reasonably available to Seller, terminate this agreement and refund to Buyer the payments actually made to Seller under this agreement. ITB No. 15-0039, City Parks Ground Maintenance Page 27 of 41 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. 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. ITB No. 15-0039, City Parks Ground Maintenance Page 28 of 41 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 respondent superior shall not apply as between Buyer and Seller, its officers, agents, employees, vendors and subvendors. Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, its officers, agents, employees, vendors and subvendors. 28.0 INDEMNIFICATION /LIABILITY SELLER COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS, AND DEFEND BUYER, ITS OFFICERS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS OR CLAIMS FOR DAMAGES OR INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS OR PROPERTY, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH ANY NEGLIGENT ACT, OMISSION, ANY ACT OR OMISSION TRIGGERING STRICT LIABILITY, THE VIOLATION OF ANY LAW OR REGULATION, OR INTENTIONAL CONDUCT ON THE PART OF THE SELLER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBVENDORS, AND SELLER DOES HEREBY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR INJURIES, CLAIMS OR SUITS FOR DAMAGES TO PERSONS OR PROPERTY, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, OCCURRING DURING OR ARISING OUT OF THE PEFORMANCE OF THIS CONTRACT AS A RESULT OF ANY NEGLIGENT ACT, OMISSION OR INTENTIONAL CONDUCT ON THE PART OF THE SELLER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBVENDORS. ITB No. 15-0039, City Parks Ground Maintenance Page 29 of 41 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 Forth 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. 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. ITB No. 15-0039, City Parks Ground Maintenance Page 30 of 41 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. 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 13, 2012 ITB No. 15-0039, City Parks Ground Maintenance Page 31 of 41 ATTACHMENT 1 —Conflict of Interest Disclosure Statement and Form CONFLICT OF INTEREST DISCLOSURE REQUIREMENT 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. ITB No. 15-0039, City Parks Ground Maintenance Page 32 of 41 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local aFFICEUSEDNLY Government Code by a perscn doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor Name of person doing business with local governmental entity. 2 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 September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or Inaccurate.) 2-J Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Amended 0 1;13.+-006 ITB No. 15-0039, City Parks Ground Maintenance Page 33 of 41 CONFLICT OF INTEREST QUESTIONNAIRE FORM CICS For vendor or other person doing business with local governmental entity Page 2 51 Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only if the answer to A,B,or C is YES.) This section, item 5 including subparts A, B, C & D. must be completed for each officer with whom the filer has affiliation or business relationship. 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 from the filer of the questionnaire? Yes F-1 No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? F] Yes E-1 No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? F] Yes E-1No D. Describe each affiliation or business relationship. i' Describe any other affiliation or business relationship that might cause a conflict of interest. Signature of person doing business with the governmental entity Date Amended 011131200E ITB No. 15-0039, City Parks Ground Maintenance Page 34 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: Vendor Name: Signature Printed Name Date ITB No. 15-0039, City Parks Ground Maintenance Page 35 of 41 FORTWORTH, ATTACHMENT 3 - REFERENCE SHEET Please Complete and Return This Form with your bid. The Bidder shall furnish, with the bid, the following information, for at least three (3) recent customers to whom products and/or services have been provided that are similar to those required by this solicitation. ANY NEGATIVE VERIFICATIONS, FAILURE TO VERIFY, OR OTHER PUBLIC INFORMATION MAY RENDER BID NON-AWARDABLE. The City will be the sole judge of references. 1. Project Name Description/Scope of Work (what product/service did you provide: Completion Date: Was work subcontracted? Yes No # of Days worked Subcontractor's name: Project Location(s) Project Manager/Superintendent: Phone: Email: Contract Amount: 2. Project Name Description/Scope of Work (what product/service did you provide: Completion Date: Was work subcontracted? Yes No # of Days worked Subcontractor's name: Project Location(s) Project Manager/Superintendent: Phone: Email: Contract Amount: 3. Project Name Description/Scope of Work (what product/service did you provide: Completion Date: Was work subcontracted? Yes No # of Days worked Subcontractor's name: Project Location(s) Project Manager/Superintendent: Phone: Email: Contract Amount: ITB No. 15-0039, City Parks Ground Maintenance Page 36 of 41 ATTACHMENT 4— PERFORMANCE BOND (SURETY) THE STATE OF TEXAS § COUNTYOF TARRANT § PERFORMANCE BOND (SURETY) KNOW ALL MEN BY THESE PRESENTS: That we ; 1) (2) of hereinafter called Principal, and (3) a corporation called Owner, in the penal sum of: ($ ) Dollars in lawful money of the United States of America, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by the presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the day of A. D. 20 , for Grounds Maintenance service in Project Area(s), a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein, such Grounds Maintenance Service being hereinafter referred to as the "work". NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specifications, and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received, hereby stipulated and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. ITB No. 15-0039, City Parks Ground Maintenance Page 37 of 41 IN WITNESS WHEREOF, this instrument is executed in six counterparts each copy of which shall be deemed an original, this the day of A. D., 20 PRINCIPAL (4) ATTEST: BY: (Principal) Secretary (Address) (City/State/Zip Code) (S EAL) (Address) S u rety BY: (Attorney-in-fact) (5) ATTEST: (Surety) Secretary (S EAL) Witness as to Surety NOTE: Date of Bond must not be prior to date of Contract 1) Correct name of contractor 2) A Corporation, a Partnership or an Individual, as case may be 3) Correct name of Surety 4) If Contract is Partnership all Partners should execute bond 5) A true copy of Power of Attorney shall be attached to bond by Attorney-in Fact. ITB No. 15-0039, City Parks Ground Maintenance Page 38 of 41 FORT WORTH. ",,I ATTACHMENT 5—VENDOR CONTACT INFORMATION Vendor's Name: Vendor's Local Address: Phone: Fax: Email: Name of persons to contact when placing an order: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Signature Printed Name Date ITB No. 15-0039, City Parks Ground Maintenance Page 39 of 41 ATTACHMENT 6 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. 15-0039, City Parks Ground Maintenance Page 40 of 41 NO BID SHEET Cristina Camarillo, Buyer Purchasing Division Fax No. 817-392-8440 E-mail address: cristina.camarilloa-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. 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\ w ¥ CO M 0 \ \ \ w >- / e z E = o = o E / { \ j \ / / § \ \ } j \ CO j § \ Cl) 0 < Cl) 0 < n o E fr 0 < Cl) E ƒ § § < / \ e o = c @ ® E < o Cl) /\ fr 0 co c 00 0 of g e 2- LL Cl) m z ¥ \ jz \ \ \ § w i R < § E m o / § ® i 5 w z \ \ \ Cl) \ e I z z e 2 ® I w E _ m z § m —i k / < z g E <o <E _ ± \ m / % § z z ¥ § CO \ Cl) } 0 < I i 2 LL ± o k ƒ o r o LU 0 w C6 0 k o @ ± L « LL E \ f 0 § Cl) \ § P \ § Z a e < 2 w § \ 0 \ m m 0 m m Cl) = = m e 0 < w j \ \ \ \ -, -1 0 0 § C \ 2 F- LU < < z o = ± _ u u U 2 m o = z G e o g a a Q 2 ± 0 « ) e 0 e = w E § LU z o o _j ± < o « w C) » ¥ Cl) k \ j § ) \ $ § § E n a 2 / � \ Cl) w 0 / / t { § / 0 Q j \ 0 2 § C14 « a / e i Q { § § § / < S S k k \ \ § z < < < ? 0 \ z z 0 < z 0 0 C14 z e o = = I w m M N u m M w w Q o q �Lu ¥ \ < ) o ® m z h E \ _ z % I / / / / R m e Z = _ < COa < < = m m \ § / / 7 < \ } % \ \ wo 9 / / > R m e ± ƒ m z - \ w ¥ m � / \ \ \ w >- / e z E = o = o E { j \ / / §I 1 / \ 0 �: \ C z ] < \ \ of \ jF F \ § < 0 / o E § < [ co u o E _ = o _ < t e o = w @ ® E < o \ \ \ LL > co E 2 z 1 & ■ § CO / / \ « OctCO LU m o \ j j § q D ® ® m m 0 < § \ \ 0 ad 2 0 z \ \ @ / / % < w R o z Oct « k _ § 0 z z 2 \ \ k k o k k § ƒ \ \ \ Q g i i \ % w ® w § _j - U)LU LU XLU L LU LU o - \ ƒ i Cl) z o o � � 5 j i 4 Cl) « � o o j % y § § z § m w Cl) m m x � v v Lu j } R U LU d C'4 x x x o @ ± � « a a a © m o 0 0 / \ i § 0 0 0 0 LU � z_ z_ z_ / i z I Z = 2 z_ 2 z_ 2 o k k k o o ^ / k k k k k O O O z \ § - w k O O O O o Cl) § \ m 0 < 0 m §± z w E LU z \ \ } j Q o 0 Oct 0 2 T T- co < o « o � C14 C14 j % § % \ / w \ L � � Oct m o o w C) g ¥ / < e m « R R R R R R R R R F- < ± < � § § / w Cl) Cl) Cl) Cl) Cl) m m m Cl) m 0 \ ® § / x 0 S S S S S S S S S S a e w p Z m m w Q e - 2 2 2 m < R R R R R R R R R R { \ § § z < < < ? / z z z z z z z z z z C,4 z e o = = I w P IZ) Z) « m Q o �Lu �UL 0 �= � - ¥ CO < ) o co ® m § h E \ _ < % I / / / z R m e Z = _ < a < < = m CO \ § /CO / 7 < \ z Of % 0 \ \ % / / > R m e Of ƒ m z - \ 5 ¥ CO / \ \ \ S >- / e z E = o = o E / { \ j \ / / § \ C z CO Of < 0 \ 0- Ir \ j \ 0 < 0 0 o E § < CO E u o E _ = o 2 _ < 0 e o 2 = c @ ® E < o \ \ \ § co \ § 0 0 \ 2 0 � ) § i 0 \ § \ \ � CO o \ CO � z 2 / / \ 2 z § 2 -i k + o E \ \ \ + Q) 0 § \ i E C) Cl) 5 j / / Cl) O \ § ® 0 0 z Ld LL \ u 2 § { i g < 0 Cl) < I-- 0 3 C) w = e o Cl) \ § / \ \ � � cn _ e < Q Q z z § \ D 0 < � Cl) LL Z Of L \ \ / CO � ± e Cl)� Cl)� LU / \ / \ \ § \ O O 2 } \ \j \ K Z M z § \ Cl) k z e « o � \ \ d w / } j § \ 2 2 0 \ / \ 2 0 ƒ ƒƒ § Q Q � co 0 v 4 � o � . m 0 U -i v Ll Q m \ - Q U Lu X44 ® z U z § / E ƒ / U = § ƒ z h / � iD m � o \ \ 0 \ 0 I0zj U e � U) @ I z m o 0 0 0 0 0 0 0 = U) 9 i = � 9 m e g e = R I y e r « w c w $ \ m n w6 / ® ® i § « LO \ \ \ § a. / � % J 7 $ 0 z e \ � a) w G o o w w I z m ± z o fr \ / T- \ w co ƒ / o0 $ y ® = eew % -10 m O LU k \ k _ 2 � LU 0 z j m \ Of a \ DE k / \ \ \ n } z LU z E z m i \ E \ § \ / \ \ $ LU 0 �_ $ I = = z0 � z � < O O R o < / \ fr< d f / 4 O % 4 % m \ / LU w 2 a 2 \ \ k k \ / \ LO me - C) Of k E z K k o- ƒ < w w ƒ F— < \ { § * ° ° @ o w 2 D z e � � = O O O d O c c U- n # �Lo = w = c lit O O Fcmq O O O O O O O O O O O O ' O co O O O Iq O O � O O O M �C? � N CO Iq O CO In M co O o0 N N O N N O � U') N O O O m c O 00 O m It CD O co � C4 CD m co O N o co a0 w a U LL LL Q O o w > w ~ o z > 2 m w w w U U z J Q U (D > w o z CO w H w z = w z o 0 w z Cn 0 Y W U) Q U) O > Cl) W O U) Cl) = J J U z0 Z:i 2 _ OJ U z w z z H J Y z H O O z U m U F- H O U O w O Of Q O Q Q w D W o w Cl) LL U) F- a z U c� o DE 3 _ I— U O LO I,- LO m LO O LO O O O I— O O O In O N M M O O In N LO O O I— N co O O Cfl LO In ItM LO co � N co co co It co � I,- M CO N (fl I,- N Ict V) Y a `S T Y Y Q d 0 Y Ixa Y Cn m a a d Y z w � Q O o Q W W J W Y m w J0-1 Q a Y W O U) Q O m U) O U Q J 0 = T- z Q _ 2 Q af z a m z a 0 U z 2 2 z XW LwL Z J OU J m J J W W W O Q W W w z 9 z w W Q D O O O O U- 2 2 Y Y Y J J 2 z d d Of � � 0� O N M In CO OD O O N M �Lo Cfl r— N N N N N N N N CD 0 0 0 0 o O O m O O O o_ O I� O O M : O Cl? M M d' LO O O L r O 00 M LO O ti M LL Y Y p W_ Q p W 2 C7 LO o O 0 a) 0 O O rn I O 0 0 O 00 O O O O M 0) l4 U) O Of U m OU ww w p W Y p Of 0 O Z F- W Q (D OfU O0~ O Q Z m m Y Z Z W W Z_ U Z W W Q 3: Of > Y 2 U) U m =0 C) O O O ON O O O O O O O 00 O O (n O CO O N O M I- I,- M N 00 M O W O Nt r- N N I- � Mm J U ULO to � LLI W U) z Y U } � J W Y a a Y Q Y H ~ a a W U a O W W W 2 w 0 U W Q W Q Q cn Ofa p w Q W W O W J U r H U W p Z = p 2 CN w Z U O U = _ U) U) a w Q O Z O a o O H H 0 U U W w J Z p a O Z w O O U r- c~n vii � � 3: 3: > > > 04 o o -W) z a 00 O O N N M 'e � N M 'It LO N N M M M M M M a m C) 0 0 Ln o o L r o Cfl I. On o q Lq co N It M O LO CO N N co r ui (D LO N M 00 O m O O 00 O Z� l4 p a J � w O W O (� > 2 2 O U Z Of U U U J p Z U) J CO J 9 0Z Q m O Z z z = Q IQI m J Q V Q II (A p Z Y w H Q p U) U U L0 � Na. U n N I� U h K W W x v r U U o0 www w w J J Y CO } U) a J J U U LL1 U N w N Y U } } 0 } Q Qa Q a W J U U r r Q F- o (D U Y Q Y D a C7 r J w N W Q W W co W W 00 D D D N z Q o a Q o o Q Q o 0 0 0 0 0 J J U a 0 W J O U J J U U U U U U 00 Z Q p Z O O Z Z Z Z Z Z � F- CN N U d 5 > CO I,- N M U D Q m U o w Il LO 0 LO 0 0) co + N N U H U U CO) O U > > J z z a D rn u u Z O U) w Q U U U + Q U U LL Z rn Z x x O a v o U Q J w w° J J Z ~_ a + II 0 o W 2 N co CO) CO) v � U U J J U U > Z Z > Z Z a a J w k C) U § \ > CO r U \ m S a 0 2 _ o n _ g § q d d d q _ _ IL R m > w LL _ CD m a) 0) 2 2 G a) m LU § A 0 u = R / k 0-m Q k 0 � 2 z / � LL L � o k o § a LU ° $ 2 6 ? 2 = z ® « § 0 E / w � m 0 LU > E — 9 I z 2 § § ca M 2 = § ) _ _ MLU / k § § \ < 2 k k § < 2 < < < 0 k ° ° 2 0 m [ § 2 § 2 § _ § m w LU § § 0 � S F- LL w m LU m M < o < uj < k < M < < z < k = o 2 0 0 2 E § u E § E � u © E G u o z w o (D ( E � u E n E o u E « u co z w w « _ _ m _ m n m m _ m n Co n m -1 0 w w < k_ � ) z ) -i 2 ) m k F- zi � k K 2 2 z § B § k z \ LU LU § _ m 0 z F- cn z 0 § � o mZ _ § S I « � 2 q u S q � z m 0 u z w F- a o 0 § § § 0 3 z 2 2 2 CO) Cl) o w z _ Q z z z o = 2 G a b w « o « « « k k � _ m 2 K z z % § § ® z § LLJ o w Q ? B X a § = o w 0 0 § — o £ 0 = LU 0 0 0 ® w w w 0 u 0 = u m = m 0 m = k k u w CM n _ n co I, co v 0 r CO z p o U =U r } U r CO Q � Z O U U U U W U Q IL a o � LU 5 M W C7 �/ N JLU W LU U x m m W F- LU p m 0 J co N N 0 J Z a z moQ Z o a U a W U Q J 0 x - H umi Z o m 0 F- LU 0 LL LL, ~ Z � U 0 u LU t7 U Q ui H F- K F m w 0a F- ~ a M U a U U U) LU LU0 M 3: Oct Q U H J O O U > > N o o Z Z ? 0 O M z woZ � W � a Q Q Z � CM3 ~ ~ ¢ to to Z W U o m Z w w a z ? m J Qz pr r U U + W J J J z 0 r co V V U U Q U ~ Q W W J J cn z Z Q v O w U U X X O Z a Q m a w3: U U Q m V Z m U LU — U H H Z F- O Q z z Cl)O O a O Q (7 U w Q O U U U U LO a z z Q H H Z Q O Z N LU C) w � > > > > a 06 Q m U D § 4 0 0 0w jz oCO e w � \ -i w e o = ® Q ez \ ^ § < C)0 0 ° 0 i C) i 4 § \ 2E I- 0 Cl) / w § / \ } {_ \ C) 0 < § ¥ E = 2 ± § $ k § J e o = = - 00 i } ƒ \ wC) EEee e � § / § \ � § z _j Cl) o § / � of of » CO i ] \ ) wC) e21m / k \ L >— z � h \ C) ƒ \ z < \ \ / c § 'T w § o = o c o = 0 0 0 0 0 0 E z ± - ± e g f m 9 = m a a = m o r- 0 » J o e < < g o _ = 6 § a c e d d d 6 a 2 / i § / a < ^ I 0 0 ± ± e § 'T w§ o = o = o = 0 0 00 0 0 z 0 0 ± - ± 0 0 # a 9 = m a a = m o r- w \:::) k \ ƒ k J od 6 § a c e 0 0 0 6 a I = § 2 e0Ez e 2 E ƒ = e > o o > w = ± e a m e = r r a = g g g z E 2 _ E z w w = 1 w I w w e » of < g< Ir @j0w § zw< z Cl) Cl) Cl) / } @ o \ E Cl) Cl) Cl) e m e ¥ 0 1 w = i } i } Cl) e ± ¥ o ± % 0 C / 0 I U U U ) j 0 w i j \ < ° ± o E E w \ w z o 2 e C) _ < Cl) o I e e e 2 z w j o > i \ { § \ } / / } $ / 2 2 4 i § \ ƒ w * z \ \ \ / \ \ \ \ \ ) \ 2 § 0 < » = w w 04 w 5 5 z m 0 § < ± � U) 0 0 = co w P— 0 Cl) j / \ k 7 / � 0Cl) - � C) j � § \ \ / § \ � _ w < \ \ C6 \ -i -1 § \ \ opo E = o a J J o � / / x < Cl) z LU D \ < < \ Cl) / w 0 0 \ Cl) \ § $ 0 i Cl) 0 co co w ® w \ / a / e i § Cl) Cl) \ � i / = z z § j > o [ o LO Cl)] § § § § ƒ ? / k ƒ < ) < i i % 0 } \ \ 4 J e < o c w = < < 0 0 0 0 o e o o E m �,q �Lo = �r- _ = o § 4 0 0 0w jz oCO e w � \ -i w e o = ® Q ez \ ^ § < C)0 0 0 0 w C) i 4 § \ 2E I- 0 Cl) / w § / \ } {_ \ C) § C6 J e o = = - 00 i } ƒ \ § ) / EEee e � § / § \ � § z _j 0 o § / � ƒ ± e ) I » Cl) i ] \ ) wC ) e21m / k \ L >— Cw \ C)ƒ \ z < \ \ / W co 0 Cl) Cl) o z = 0 0 0 = 0 0 0 0 0 o a E z ± - ± e ¥ � g z z 0 g m o � 0 9 0 J o e < < g o = d a 5 K 0 a : w m w m c / i § / � < ^ � 0 0 ± ± e CO CO § o / = 0 0 0 = o o / o = o 2 G 0 ± - ± e # 9 z z m g m o 9 9 D \ k \ < 0 J d a a G 2 a e w m w m I = § 2 e0Ez a \ % k / § 2 $ \ j 0 / & I % § 4 E 2 _ r w w w = _ I = w z = w » ± e E _ \ <CO \ \ w LL z \ L 0 w k } E ± E ® z z @ $ � » / \ % ± > Cl)\ z ± 0 ± LL < 0 o < Cl) ± o e e ± = E & / / Cl) w < 0 E K 2 Cl) } 0 < } 0 / co u \ \ \ } } Cl) 0 0 < w \_ < 0 w Cl) < w \ } m § _ ± o ± o ± m ± o m m m j / w k § co m o = 4 0 0 � z o c o @ g ° § 8 2 § ? § 2 0 § ° } /_ R 0 < r § = m a = _ = w § 0 C) LL \ E / { q / \ } jk z eui m2 / § \ o Ir LL Ir 2 \ \ \ \ - jj \ 0 \ \ § - < < ir § z 0 < Cl) w § ƒ § / § / Cl) 4 co - z / f i / < Cl) 4 § § < m o w m w Q o G < o z o aee E � mmM < 0 0 E z § E o § ± LO ] § § \ ± ƒ ? \ < / 2 0 4 E E < ± m 2 / / \ 4 J e < / c w � o § j / ) § § § / E Of § 4 0 0 0w jz oCO e e � \ -j ƒ e o = ® Q ez \ ^ § < C)0 0 ° 0 i h i 4 § \ 2E I CO / 0w § / \ } {_ \ \ N \ 0 k § ui ¥ co § $ k § J e o = = - $ ¥ m / i } ƒ \ § ) EEee e � § / § \ � § ] \ § § o § / � ƒ ± e ) I » Cl) i ] \ ) \ \ / e21m c') -i >— z C h \ � ƒ \ z < \ \ 0wz § � ] § \ @ S E \ S E 9 ) \ § \ § �Of � \ \ Lfj d e e = d e d § CD 0 0 of of eC) a- D § 'T § § 0 00 0 = o o r m 2000 ± - ± e » c z = @ z o DCk \ < 04 3 a e a o d e0 % ƒ a— z e0Ez = e 2 E < z e E o z U ¥ U- w 9e § - p @ p p J r-- C) 5 Cl) mj ± w < 0 $ keh z Cl) z ƒ ¥ Cl) / Cl) e $ Cl) 0 § § Cl) Cl) Cl) 0 j } 0 } C) z Cl) o E Q E e E ± I z z o ± � \ \ \ Cl) \ z } \ \ \ Cl) j / w k § r = » o m = z LO m z m CN } / co 0k k ) G @ § G m § \ 0 dLL \ E � \ -j m 0 / \ 333 � Z ¥ � = co 0 _ z eui U LU LU § \ \ EE § ° « 0 0 Ir % co U) u < < = = C6 z U j \ \ � \ � § § 2 E w ) \ k k < Cl) k \ � L / < - } I 0 = ƒ § / 2 = me m � � z = E o z z_ o e u m m 55 = \ � � « ° ° e ¥ e ± o & « o o o w m w Q } E z = E § I u u D dee E � mm � < Cl) z e e 4 rm � 2 � ± m m@ o « E E \ / \ 2k / \ / \ j \ / } / / § / k § § N \ m @ R CN - z _j 0 o 0 / ƒ of » Cl) i ] \ ) \ \ / e21m / k \ L >— z C) � h \ C ƒ \ zCID < 0 \ / wz §' T ]§ Ro % § k \ j / k / i § CS/ < ^ a_ 0 0 ± ± eC) 0- D § � § § o = z o 0 0 © 0 0 2000 ± - ± e @ 9 = o m o _ D \ k \ < o f m a d a a e R I 1 d d I = § 2 IF- 0Ez I 1w \ 2 % k / 2 § § § 0 § 2 _ 2 r z = w < < @ j 0 ) < zw< Cl) / j 01w Of Cl) Ir w < \ 0 ± 0 z U \ ) 0 I i 0 \ o ± o z / \ \ Cl) § \ ) \ ) \ / \ ƒ w * z \ \ \ \ \ \ \ / 2 0 < _ _ » » » _ 0 dLL \ E P f -j U) / 5333 Z E � 0- c � O zewi � LU LU m m2 \ / § \ 0 U U ) / % ± � § U) 5 2 2 v / i \ W -iQ U_ � a O a ) \ § \ � § / § \ ± � Cl) 2 C) Cr = o = 4 ± e « C _ « CM < e < � zgRw Cl) E e = w I w U) co m j \ ) \ \ § � \ \ \ § cr \ � S D - S LO co \ \ \ } § 0 } - \ 0 z K § ) K § \ 4 J e < o c w = � Cl) § 5 § w 5 N E w M 1-71 , - 7 m � z = � Q o § 4 0 0 0w jz oCO e e � \ -i ƒ e o = ® Q ez \ ^ § < C)0 0 ° e i 0 i 4 § \ 2E I Cl) / � w § � 00 \ } { _ \ C) 0 < § � ¥ E = 2 ± o § $ k § J e o = = - $ ¥ m Ir co § ) / EEee e F- § / § \ � § ] \ § § o 0 / ƒ of » \ i ]e < \ \ / e21m CO 000w C)>- 'q Ch \ 0 ƒ \ W co z < \ \ 0 0 §e w Ro % < < C) 0 k / i § / 0 < ^ o 0 0 ± ± eo = = §eTw Do � § } N \ \ ƒ 0 § 2 ® / i ) ) 99 \ (n < g < q mj ± w w U of \ \ \ � 0 0 k ± 0ii = « « 2 / 4Eco / z z M \ C) < Cl) K z z � co Cl) U) 2 \ ƒ fr C6 0 U 2 2 U � -iw o = 2R 0 0 0 0 § f � v 2 x 0 0 ¥ / / { q § p o / $ a + \ \ 0 § § IL \ \ / / U) U) 0 � e = = m « u 5 5 5 5 -i -i -i LU Ew C/) § 0 z m \ \ \ \ >- + § z ± o o \ 0 0 0 0 0 0 0 0 0 ± Q % ± ® § a LU u ƒ < z = CO m « w = e e e o 0 0 o m e / % z z k J § § \ a 04 CM n O k \ / § \ § EK < e < � zSR � e e w e w w w w = me C/) C) 0 k m m m m m m m m F 5 � ± o Cl) Cl) w Q / / / / S S S S / \ / § \ ƒ m < « E E E E E E E E \ E e e = _ ƒ ? 0 0 z z z z z z z z 2 4 J e < o c w w = _ _ _ M M M M « « m Q o w U- o = _ � co 2 2 0 k U ° § v � § ® k U B S - � § q 2 ■ q ■ CD d d w 4 k 2 § 2 § 2 m Jill 4- M M m 0 w ? _ _ I (D 3: 9 � z E I a R Z F- LU w 0 � 0 L)0 § Oct LU 0 o a ? 0 z 2 K Lu § U) \ F- §m o m < m R R z 2 o � / m m ° o aw LU F- CO 0 a z S S " _ M m LL < z « F 0 2 -J / m § z \ < ) LU < z k ® k k -1 0 0 2 m E E o f E 2 z 2 Cl) § 0 U) 0 2 E E L « E 0 \ § LL w° 2 2 § f j w C', w / / w K K 0 k w z w § z E m E § q E § " � m § z f w F— « _ _ m n m n _ CO Oct LU D -i z §_ �LLJ ) ) § Q z - 2 ) � ® L + ¥ Z 2 � f o � + F- w 6 2 LU k >- K F-� U d * x § z § ° 0 w z § § w E LU k � � F- L § z z m LU M � \ � § U) U) U) U § z 2 z z § 0 Cl) q U) 2 0 0 O 0 « 6 w « � � > w « o 0 0 0 « z z « ° w w 0 « R R R R © w e a - - u z z G o w z � = o x « « o o w w = o o z z z z z w w w u u 0 w u w « N n _ 1< 1 m Q a w City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/17/2015 DATE: Tuesday, March 17,2015 REFERENCE NO.: **P—[1744 LOG NAME: 13P 15-0039 CITY PARKS GM CC 5101EECT: Authorize Purchase Agreements with Lawn Patrol Service Inc.,and Whitmore &Sons,Inc.,to Provide Grounds Maintenance and Mowing Services for City Departments in a Combined Amount Up to$751,089.00 for the First Year(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize purchase Agreements with Lawn Patrol Service Inc., and Whitmore&Sons, Inc., to provide grounds maintenance and mowing services for City Departments in a combined amount up to$751,089.00 for the first year. DISCUSSION: The Parks and Community Services Departments will use these Agreements to provide grounds maintenance and mowing services at City facilities,parks,and other areas to control vegetation. 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 vendors to remove debris and grass clippings from street curbs and gutters after providing the grounds maintenance.The ITB divided the scope of work into geographical sections. Staff certified that the lowest responsive, responsible bidder by section is being recommended for award. No guarantee was made that a specific amount of these services will be purchased. The participating departments have included sufficient resources in their budgets to acquire these services on an as—needed basis.During the first year of the Agreements, the departments estimate purchases in the amount of $182,056.00 from Lawn Patrol Services Inc.,and the amount of$418,813.(X0 from Whitmore&Sons, Inc. The remaining amount of$150,220.00 is requested to ensure that as parks are added, funding for grounds maintenance will be available. PRICE ANALYSIS—The unit prices are an average of 16 percent higher than current Agreement pricing awarded in February 2013 (M&C P-11492)due to the prior contractor's underbidding of the service cost which resulted in non—renewal of the contract combined with additional parks being added to the scope of work.Staff reviewed the prices and determined the prices to be fair and reasonable. BID ADVERTISEMENT—This bid was advertised in the Fort Worth Star—Te legram on January 8,2015, January 14,2015,January 21,2015 and January 29,2015.The Purchasing Division solicited 249 vendors from the purchasing vendor database. A pre—bid conference was held on January 14,2015.Six responses were received. BID TABULATION— I-awn Scott Smith Whitmore& MG Lawn and Sons Landscape Services Landscape Lawn and Services Maintenance Tree North District Parks $233,135.98 $252,170.00 No Bid $234,910.14 A WARD $103,010.83 010.83 East District Parks $151,771.20 $167,680.00 $150,695.00 No Bid 1 WAD South District Parks $193,000,93 $217,571,90 No Bid No Bid ARD South District Libraries and 119 $20'5$0.00 No bid $21,630.00 No Bid Community Centers AWARD r1 West District Parks $161,202.08 $148,070.00 $160,835.00 $166,750.25 AHAW West District Libraries and Community Centers $4,200.00 No Bid $5,460.(]0 $5,407.71 WAI±'D MIWBE OFFICE —A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M1WBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. ADMINISTRATIVE CHANGE ORDER—An administrative change order or increase may be made by the City Manager in an amount up to$50,000,00 and does not require specific City Council approval as long as sufficient funds have been appropriated, AGREEMENT TERM—Upon City Council's approval,these Agreements shall begin on March 18,2015 and expire on March 17,2016. RENEWAL OPTIONS—These 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 INFORMA11ON: The approval of this action provides purchasing authority up to the$751,089.00,as specified.The Financial Management Services Director certifies that funds are available in the current operating budget,as appropriated,of the Parks and Community Services Department and that prior to an expenditure being made, the Parks and Community Services Department has the responsibility to validate the availability of funds. BQN115-00391CC TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submittedjur CityManayer's Office by: Susan Alanis (8180) Origollatiog DgUarlmentAaron Bovos (2379) Jack Dale (8357) Additional Information Crjntart: Cristina Camarillo (8355) ATTACHMENTS 1.BID TAB 15-0039.pd 2.EPLS 15-0039.pdf 3.WAIVER 15-0039.12df