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HomeMy WebLinkAboutContract 51432 �12 2U 0 CONTRAC Na a 2��18 Crams,0, wo, NON-EXCLUSIVE MOWING AND RIGHT OF WAY MAINTENANCE SERVICES AGREEMENT THIS NON-EXCLUSIVE MOWING AND RIGHT OF WAY MAINTENANCE SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"),a home-rule municipal corporation of the State of Texas,acting by and through its duly authorized representative, and Abescape Group, a Texas LLC, acting by and through its duly authorized representative("Contractor'). WHEREAS, City, through its Park and Recreation Department ("Park Department"), contracts for mowing and Right of Way maintenance services within the City; WHEREAS, through ITB No.18-0360 the City solicited bids to award non-exclusive services agreements to multiple bidders for mowing and Right of Way maintenance services on an as-needed basis in the City with an aggregate amount of$820,485.00 for contracts awarded to the successful bidders; WHEREAS, Contractor was one of the successful bidders awarded a contract to provide non- exclusive mowing and Right of Way maintenance services to the City; WHEREAS,City and Contractor wish to set out terms of Contractor's non-exclusive mowing and Right of Way maintenance services; NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement,City and Contractor hereby agree as follows: SECTION I CONTRACT DOCUMENTS The contract documents shall include the following: i. This Non-Exclusive Mowing and Right of Way Maintenance Services Agreement 2. Exhibit A—Contract Specifications 3. Exhibit B—City of Fort Worth Bid Solicitation ITS No. 18-0360 4. Exhibit C—Contractor's Response to City of Fort Worth ITB No. 18-0360. 5. Exhibit D—Insurance All Exhibits attached hereto are incorporated herein and are made a part of this Agreement for all purposes.In the event of any conflict between the Exhibits and the terms and conditions of this Agreement, this Agreement shall control. SECTION 2 SCOPE OF WORK 2.1 Contractor shall provide mowing and Right of Way maintenance services("Services")to the City in accordance with the Contract Specifications set forth in Exhibit A, which is attached hereto and incorporated herein for all purposes. 2.2 Contractor understands and agrees that the City will award non-exclusive purchase agreements to multiple bidders for mowing and Right of Way maintenance services as outlined in City of Fort Worth Bid Solicitation ITB No. 18-0360, which is attached hereto as Exhibit B, and incorporated herein for all purposes. Contractor further understands that the aggregate amount of all co acts awarded Nan-Exclusive Contract Mowing and Right of Way Maintenance Services Agreerr P FICIAL.RECORD Page 1 of 27 CITY SECRETARY FT, WORTH,T% to multiple contractors under ITB No. 18-0360 shall be in the amount of $820,485.00, and the City makes no promise or guarantee of the total amount of work that will be assigned to Contractor under this Agreement. Contractor's Response to City of Fort Worth ITB No. 18-0360("Contractor's Response") is attached hereto as Exhibit C,and incorporate herein for all purposes. 2.3 The City shall issue a written work order establishing the locations, schedule, and fee to be paid to the Contractor for each Project Area to be completed by Contractor("Work Order"). Contractor shall perform the Services in accordance with each Work Order issued by the City. The City may issue an amended Work Order to address any changes in the work to be performed after a Work Order has been issued. Except as otherwise specified in this Agreement,the fee established in each Work Order shall be based upon the prices submitted by Contractor in Contractor's Response. SECTION 3 TERM OF AGREEMENT 3.1 Term. The term of this Agreement shall begin on October 8,2018 and expire on October 7, 2019 ("Term"), unless terminated earlier in accordance with the provisions of this Agreement. This Agreement may be renewed for four additional one year periods upon written agreement of the City and Contractor. SECTION 4 INVOICES AND PAYMENT 4.1 The City shall pay Contractor the fees established in each Work Order in accordance with the provisions of this Agreement. Contractor shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional services. The City shall not be liable for any additional expenses of Contractor not specified by this Agreement. 4.2 Contractor shall submit type written or computer printed invoices to the City which include the Contractor's name,address and telephone number,and identify the service location,the agreed price for the Project Area contained in the Work Order, and the City's issued purchase order and release number. Contractor shall submit all invoices to the City within two(2)weeks of completing the work. 4.3 Contractor shall submit all invoices to: Operations Contract Management Attention:Contract Mowing Park and Recreation Department City of Fort Worth 4200 South Freeway, Suite 2200 Fort Worth,TX 76115 CFWMowin&@FortWorthTexas.gov 4.4 The City may complete a visual inspection of the Work to verify that it was completed in accordance with this Agreement. City agrees to pay all invoices for accepted work within 30 day of receiving the invoice. The City will only pay for work that is completed in accordance with the terms and specification contained in this Agreement. Contractor shall not be paid for any Incomplete Work or for failure to complete a location within the Cycle dates for each mowing Cycle. The City shall notify Contractor of any error in an invoice no later than the 21"day after the date the City receive the invoice. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 2 of 27 SECTION 5 LIABILITY AND INDEMNIFICATION 5.1 CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES,INCLUDING,BUT NOT LIMITED TO,PROPERTY LOSS,PROPERTY DAMAGE AND PERSONAL INJURY, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF CONTRACTOR, OR ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, CONTRACTORS, EMPLOYEES, PATRONS, GUESTS, INVITEES, OR PROGRAM PARTICIPANTS. CONTRACTOR HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE AND LOSS AND PERSONAL INJURY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE SERVICES PERFORMED BY CONTRACTOR UNDER THIS AGREEMENT. 5.2 INDEMNIFICATION — CONTRACTOR, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, PROTECT, AND HOLD HARMLESS CITY AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS EMPLOYEES, AND SERVANTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS,LIABILITIES,DAMAGES,LOSSES,LIENS,CAUSES OF ACTION,SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE SERVICES PERFORMED UNDER THIS AGREEMENT BY CONTRACTOR OR ANY OF ITS OFFICERS,REPRESENTATIVES,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS;(2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON THE PART OF CONTRACTOR OR ANY OF ITS OFFICERS, REPRESENTATIVES,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS;OR(3)BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF CONTRACTOR UNDER THIS AGREEMENT(COLLECTIVELY,"LIABILITIES") 5.3 if any action or proceeding shall be brought by or against the City in connection with any such liability or claim, Contractor, on notice from City, shall defend such action or proceeding at Contractor's expense,by or through attorneys reasonably satisfactory to City. 5.4 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. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 3 of 27 SECTION 6 INSURANCE REQUIREMENTS 6.1 Contractor shall abide by the insurance requirements set forth in Exhibit D, which is attached hereto and incorporated herein for all purposes. SECTION 7 AUDIT 7.1 Contractor agrees that the City shall, until the expiration of three (3) years after the termination or expiration of this Agreement,have access to and the right to examine any directly pertinent books, documents, papers, and records of Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Contractor reasonable advance notice of intended audits. 7.2 Contractor further agrees to include in any contractor and subcontractor agreements hereunder a provision to the effect that the contractor and subcontractors agree that the City shall,until the expiration of three(3)years after the expiration or termination of the contract or subcontract, have access to and the right to examine any directly pertinent books,documents,papers,and records of such contractor or subcontractor involving transactions of the contract or subcontract, and further that City shall have access during normal working hours to all contractor and subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give the contractor and subcontractor reasonable advance notice of intended audits. SECTION 8 TERMINATION 8.1 Termination for Convenience. This Agreement may be terminated without cause by the City upon delivery of written notice to Contractor. This Agreement may be terminated without cause by the Contractor thirty(30)days after delivery to the City of written notice of such intent to terminate. 8.2 Termination for Cause. Unless stated elsewhere in this Agreement,Contractor shall be in default under this Agreement if Contractor breaches any term or condition of this Agreement and such breach remains uncured after ten (10) calendar days following receipt of written notice from the City referencing this Agreement. 8.3 Fiscal Funding Out. Notwithstanding anything to the contrary, if,for any reason, at any time during the term of the Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate the portion of the Agreement regarding such obligations to be effective on the later of(i)ninety(90)calendar days following delivery by the City to Agreement of written notice of the City's intention to terminate or(ii)the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 8.4 Other Remedies. Any termination of this Agreement as provided in this Agreement will not relieve Contractor from paying any sum or sums due and payable to City under this Agreement that remains unpaid and due at the time of termination,or any claim for damages then or previously accruing against Contractor under this Agreement. Any such termination will not prevent City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Contractor for any default under the Agreement. All City's rights,options,and remedies under this Agreement will be construed to be cumulative,and not one of them is exclusive of the Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 4 of 27 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 Abescape Group LLC Park and Recreation Director 1440 Coronel 4200 South Freeway,Suite 2200 EI Paso,TX 79928 Fort Worth,Texas 76115 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth,Texas 75102 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. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 5 of 27 SECTION 13 THIRD-PARTY RIGHTS AND ASSIGNMENTS 13.1 The provisions and conditions of this Agreement are solely for the benefit of the City and Contractor, and any lawful assign or successor of Contractor, and are not intended to create any rights, contractual or otherwise,to any other person or entity. 13.2 Contractor agrees that it will not subcontract or assign all or any part of its rights,privileges or duties hereunder without the prior written consent of the City, and any attempted subcontract or assignment of same without such prior consent of the City shall be void. SECTION 14 BINDING COVENANTS 14.1 Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereunder are declared to be for the benefit of and binding on their respective successors,representatives and permitted assigns, if any. SECTION 15 INDEPENDENT CONTRACTOR 15.1 It is expressly understood and agreed that Contractor and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representative, agents, servants,officers,contractors,subcontractors,and volunteers. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers,representatives,agents,servants and employees, and Contractor and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that the City shall in no way be considered a Co-employer or a Joint employer of Contractor or any employees, representative,agents,servants,officers,contractors,subcontractors,and volunteers of Contractor.Neither Contractor, nor any officers, agents,servants,employees or subcontractors of Contractor shall be entitled to any employment benefits from the City. Contractor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself,and any of employees,representative,agents,servants, officers,contractors,subcontractors,and volunteers. SECTION 16 AMENDMENTS,CAPTIONS,AND INTERPRETATION 15.1 Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may not be modified or amended except upon execution of a written amendment to this Agreement executed by the Assistant City Manager and Contractor and filed with the City Secretary's Office. 15.2 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 15.3 In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party,regardless of the actual drafter of this Agreement. Non-Exclusive Contract Mowing and Right of Way Maintenance Serviees Agreement 6 of 27 SECTION 17 GOVERNMENTAL POWERS AND IMMUNITIES 17.1 It is understood that by execution of this Agreement,the City does not waive or surrender any of its governmental powers or immunities. SECTION 18 AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES 18.1 By executing this Agreement, Contractor's agent affirms that he or she is authorized by Contractor or its general partner to execute this Agreement and that all representations made herein with regard to Contractor's identity,address,and legal status are true and correct. 18.2 This Agreement may be executed in several counterparts,each of which will be deemed an original,but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. SECTION 19 SEVERABILITY AND NO WAIVER 19.1 It is agreed that in the event any covenant,condition or provision herein contained is held to be invalid by any court of competent jurisdiction,the invalidity of such covenant,condition or provision shall in no way affect any other covenant, condition or provision does not materially prejudice either Contractor or City in connection with the right and obligations contained in the valid covenants,conditions or provisions of this Agreement. 19.2 The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 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. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 7 of 27 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 I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not Iegally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor,shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 8 of 27 (SIGNATURES ON FOLLOWING PAGE) Nan-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 9 oF27 IN WITNf;SS WHEREDI', the parties have executer! this A-greement in r»ultiples in Tarrant C01a11ty,Texas. EXECUTED to be effective on the date set forth in Section 2. CITY OF FORT WORTH CONTRACTOR Fernando ossa Name: ..- /�J 4✓ Assistant City Manager Title: Recoinmunded: j nd 7�tvala, Directarnd Recreation Department APPROVED AS TO FORM AND LEGALITY: 1�ichard A. McCracken Assistant City Attorney ATTEST: ry ayser City Secretary �k Tp,. M&C: -122 3 Date: Form 1295: Contract Compliance Manager: By signing, I acknowledge that [ am the person responsible taz• the monitoring and administration of this contract, including all performance and reporting requirements. Name: OFFICIAL RECORD Titre: [fit fi��e.t Ctj► �v% " , !f f C14TY SECRETARY F3 WORTH,TX Non-I Accu-sive Contract Niu.yin g Lind Right or Wa} Mainrrnancc Services Agi ecmL;lit 1{)ur27 EXHIBIT A CONTRACT SPECIFICATIONS I. SCOPE OF WORK The Services shall consist of mowing and Right of Way maintenance activities at specific geographic areas, city streets(both rural and neighborhood),boulevards,medians,traffic islands, and other City properties within each Project Area, as required by an established Maintenance Schedule. The Contractor is responsible for mowing all areas, removing all trash and litter from each Project Area, edging all curbs and sidewalks, and trimming all turf along pavement (including expansion cracks extending two(2)feet onto the pavement,curbs,on or around signs, posts,guard rails,sidewalks,and other obstacles). H. DEFINITIONS The Following terms as used in this Agreement shall have the meanings assigned to them: 1. Call Bach — When a Contractor is requested to return to a Project Area to correct Incomplete Work. 2. Chemical Trimming — The use of an herbicide (such as Roundup and/or an approved equal containing a pre-emergent, such as Surf LAN or an approved equal) as an alternative to the physical removal or cutting of plant material from areas to be trimmed. 3. Clumped Grass Cuttings — Any accumulation of cut grass that, on the day of mowing,exceeds six(6)inches in height.These clumps are typically Found in areas where mowing equipment has turned,reversing directions. 4. Contract Manager — The duly authorized representative of the Park and Recreation Department,who shall monitor the Contractor's performance. 5. Cycle— Each time period in the mowing schedule for the mowing season. Each time period is defined by a beginning and ending date,during which all prescribed maintenance activities for each Project Area shall be completed. 6. Inclement Weather—Any rainy/wet weather, or when the condition of the soil is such that the rutting of property will occur and cutting of grass cannot be accomplished safely or in a manner that will not rut up or cause any damage to the turf. 7. Incomplete Work—The failure of Contractor to perform the Services in accordance with this Agreement. 8. Maintenance Schedule— The time periods established by the City for the mowing season within which all prescribed maintenance activities for each area shall be completed. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement l 1 of 27 9. Mowing Height—The setting of mowing equipment to cut grass to a height of two (2) inches for project areas designated for 7-or 14-day mowing Cycles,to a height of three (3)inches for project areas designated for 21-,or more,day mowing Cycles,or as specified by the Contract Manager. I4. Mowing Map—A geographical map or images showing designated areas where mowing should occur for each Project Area. 11. Mowing Season -- The time period typically beginning in March and ending in late November as determined annually by the Park and Recreation Department. Note: Typically the mowing season will begin when high grass and weeds begin and the mowing season will end the latter part of November or after the first hard freeze. 12. Non-Mow Area — An area of land designated for wildflowers, flowers or natural regeneration of native grasses. 13. Ozone Action Days - The period from May 1 st through October 31st (Ozone Season)of each year when ozone levels are critical.These days are determined by the Texas Natural Resource Conservation Commission and are announced via television,radio,and TX DOT highway information boards. 14. Project Area—The specific geographic area(s)of the City designated to receive specific mowing and Right of Way maintenance services. 15. Right of Way(RDW)—A narrow length of land,street,roadway,alley,sidewalk,or other property that provides a lawful route that may be used by the public. 16. 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 L Contractor sham 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. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 12 of 27 IV. 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. 9. Any materials discharged shall be removed prior to leaving the Project Area. 10. All structures,trees,poles,tables,signs,fences,and shrub beds,are to be trimmed closely, where applicable. All trimming must be completed on the same day as all mowing operations. Special care shall be taken when trimming around trees, as to not inflict damage to the bark of trees. H. 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. Non-Exclusivc Contract Mowing and Right of Way Maintenancc Services Agreement 13 of 27 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. Dead grass should be removed after any herbicide application. 16. 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. 17. 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. 18. 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. 19. 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. 20. If the Contractor's failure to use reasonable care causes damage to any property, the Contractor shall replace or repair the damage, within 72 hours of notification, at no expense to the City. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost,which may be deducted from payments made to the Contractor. 21. Contractors are not to use any motorized equipment between 6 A.M. and 10 A.M. on Ozone Action Days,unless the equipment uses propane,diesel,or compressed natural gas as a fuel source,or meets California Air Resources Board(CARB)revision#2 standards. V. BLOWING OF GRASSIDEBRIS Chapter 12.5,Section 12.5-342,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 Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement I4 of 27 roadways. Any grass clippings deposited onto the sidewalk, fence line, gutter, or roadway, must be removed. Sidewalks,gutters,and roadways must be clean or have the appearance of being swept. VI. EDGING Edging of sidewalks,driveways,and curbs,shall be accomplished so that grass and weeds neither extend over the edge of the walks,trails,drives,or curbs more than 1/4 inch,nor cut back from the edge of walks,trails,drives,or curbs more than 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. 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, Non-Exelusive Contract Mowing and Right of Way Maintenance Services Agreement 15 of 27 whichever is less;$300.00 for each instance of moderate damage to the trees),which in the opinion of the City Forester contribute to the poor health and reduced longevity of the tree,examples include, but are not limited to, scaling of the trunk into the cambial layer greater than 2" but less than 113 of the trunk circumference, or breaking of limbs more than 2"in diameter but less than 113 caliper.Severe damage or removal of trees is subject to the payment of damages in the amount of$200.00 per diameter inch of trees removed or damaged for trees less than 30", $400.00 per diameter inch of trees greater than 30". Severe damage or removal shall include,but is not limited to,scarring of the trunk to the cambial layer greater than 113 trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch greater than 113 trunk caliper.Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back according to the ANSI standards.Trees greater than 6"in caliper shall be measured using diameter at breast height(DBH). In addition to any penalties or damages assessed by the Park and Recreation Department,trees severely damaged or removed shall also be subject to fines and penalties of the Tree Conservation Ordinance of the Fort Worth Zoning Code. Trees that must be removed due to damage caused by the Contractor shall be removed by the Forestry Section Tree Removal Contractor at the Mowing Contractor's expense. $. Failure to replace or pay for damaged trees shall result in a breach of contract and the Contractor wi)I be automatically assessed damages.Damages as described herein shall be deducted from payments otherwise due to the Contractor. IX. FOUNTAIN FEATURES AND SWIMMING POOLS I. 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 arty payments to the Contractor. X. PONDS,LAKES,AND CREEKS I. The Contractor will use care when mowing or edging around lakes, ponds, and creeks. Grass must be directed away from water,but does not have to be caught or removed from the area. 2. The Contractor shall pay to the City the costs incurred by the City to remove grass from ponds, lakes and creeks, including City staff time. The City may deduct these costs from payments to the Contractor XI. FENCES 1. The Contractor Will use care when mowing or edging around fences.This includes metal, wood or other material fence.Grass must be directed away from fence,but does not have to be caught or removed from the Project Area. Non-Exclusive Contract Mowing and Right of Way Maintenance Iervices Agreement 16 of 27 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 he deemed to be a part of the Project Area where Contractor shall perform Services. XIV. CONCURRENT CONTRACTS In the event that any one Contractor is awarded contracts for mowing more than one Project Area, the Contractor shall proceed with work simultaneously in all areas awarded. XV. SUPERVISION OF WORK CREW Contractor shall provide supervision of all work crews while performing work under this Agreement. On-site supervision is not required as long as communication equipment is provided, which enables the work crew to communicate with a project supervisor at all times.Each work crew shall have a designated person on the work site that has the authority to respond to inquiries about work details or priorities. XVI. STREET USE PERMIT 1. The Contractor will be required to obtain a "Street Use Permit" prior to starting work. Contact Parkway Services Division: 200 Texas Street,Fort Worth TX 76142(817)392- 6544 for inquiries regarding permit. 2. The Contractor shall be responsible for providing traffic control while performing Services in accordance with this Agreement, consistent with the provisions set forth in the latest edition of the "Texas Manual on Uniform Traffic Control Devices" and the Texas Transportation Code. 3. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 17 o€27 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 O rders and submit proof of compliance with Work Orders, including photographs of completed work. Minimum specifications required for electronic Work Orders are: a. Digital cameras capable of at least 1 mega-pixel with image resolution of 1280 x 1224 that adds date stamp on the face of the picture. b. A high capacity color printer capable of 200 imprints with map image per day. C, WIRELESS READY- The ability to accept Work Orders and send completed Work Orders from a mobile wireless device, laptop, or other similar equipment. i. Work Orders will be provided to Contractor(s) electronically via the Internet, and the City will receive completed Work Orders from the Contractor,with all required documentation, in the same manner. ii. Contractors will be responsible for ensuring and maintaining compatibility with the City's system. iii. The City reserves the right to accept or deny completed Work Orders that are submitted by any other means. d. CELL PHONE REQUIREMENTS i. Contractor shall have an Android or iPhone cellular telephone. ii. All cellular telephones used for contracted mowing shall have: a. An active internet and data plan able to support up to 10 gigabytes of data per month; b. An Android 8 or IOs 11,or better,operating system; C. A camera that can take pictures at 12 megapixels and up;and d. A storage capacity of 128 gigabits or more. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 18 of 27 e. Training—Contractor shall attend mandatory training as scheduled by Contract Manager for the electronic Work Order system. XVIII. SCHEDULING E 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 1N 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 mowing and Right of Way maintenance operations during cancelled or altered Cycles. C. The Contract Manager may change the frequency of mowing and Right of Way maintenance Cycles based on maintenance needs. 3. COMPLETION SHEETS a. The Contractor must use the most recent format or version of the completion sheet provided by the Contractor Manager at all times. The Contractor will submit daily completions using the new electronic work order system upon implementation by the City. b. The Contractor shall submit each day's completions that are ready for inspection within the first regular work day after the maintenance is completed. 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 Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 19 of 27 after work is completed will result in the Contractor not being paid for the work performed. XIX. PERFORMANCE 1. Upon issuance of a Work Order, the Contractor shall begin work and shall proceed with all reasonable dispatch to complete it.The Contractor shall maintain the same schedule as the one submitted to the Contract Manager at the beginning of the Mowing Season. 2. The Contractor will be required to maintain all Project Areas assigned during the maintenance Cycles. 3. Inclement Weather may result in the cancellation of mowing Cycle only if the Contract Manager determines that there was an insufficient time period available during the mowing Cycle for the Services to be performed. Contractor shall not be paid for any cancelled mowing Cycle. 4. The Contractor may be required to return to maintain specific locations due to Incomplete Work. Any such Call Back must be completed within three (3) calendar days of the request. Failure to complete work identified in the Call Back will result in non-payment for the Incomplete Work. 5. Contractors performing a Call Back within 3 calendar days must complete all items deemed unacceptable in the first inspection of the original scheduled mow. Failure to do so will result in non-payment for Incomplete Work. 6. Contractor will ONLY be paid for work actually completed during the established mowing Cycle,unless due to weather or other valid reason which the Contract Manager has granted an extension to the scheduled mowing Cycle. 7. Failure to complete work in accordance with the approved schedule, Call Back and/or submitted completion sheets within the required timeframes may result in Contractor paying to the City the City's cost in correcting the work or termination of the Agreement. 8. If the City determines that the work is not acceptable and the issue is not resolved within three(3)calendar days of the City's request to correct the work, the City has the right to reassign the work to another contractor or perform the work with City personnel. Should the work be assigned to another contractor or completed by City personnel,the Contractor shall pay to the City the City's cost for paying another contractor to perform the work or for City staff to perform the work.Such amounts may be deducted from any invoices paid by the City to Contractor. XX. PHOTOGRAPHIC EVIDENCE 1. The Contractor is responsible for providing before and after photographic evidence of all Project Areas completed. Upon implementation of an electronic Work Order system by the City,the photographs must be submitted through the electronic Work Order system. 2. All photographs must be time and date stamped. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 20of 27 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 convected 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())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 perforin adequately, the City will have areas needing complete or spot mowing on an individual or reoccurring basis. In order to provide mowing contractors with additional work,the City will provide selected contractors the opportunity to take on these additional projects. 1. The City may request Contractor to mow on-call mowing areas at pricing equivalent to comparable areas in Contractor's awarded contract or prices submitted by Contractor in the bid solicitation. 2. Contract Manager will approve contractor's submitted price for the job before work begins. 3. Pricing exceeding Contractor's comparable Project Areas or solicitation pricing must be approved by the Contract Manager. 4. Contractor has the right to decline or accept On-Call Mowing work. 5. In the event the Contractor accepts the On-Call Mowing work,Contractor will be issued a Work Order for the On-Call area identifying the work to be performed,the number of times performance is required and the agreed upon price. 6. No one contractor is granted exclusive rights to On-Call Mowing projects or have first rights of refusal in the event service is requested again. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 21 of 27 7. Contractors cannot fail to perform on their currently contracted mow Cycle in order to perform On-Call Mowing projects. H. 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 mandatary informational meetings scheduled by Contract Manager to support City of Fort Worth mowing initiatives. Won-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 22 of27 EXHIBIT B CITY OF FORT WORTH BID SOLICITATION ITB NO, 18-4360 Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 23 of 27 EXHIBIT C CONTRACTOR'S RESPONSE TO CITY OF FORT WORTH ITB NO. 18-0350. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 24 of 27 EXHIBIT D INSURANCE I. The Contractor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement. The Contractor shall file with the City of Fort Worth Purchasing Division, prior to the commencement of services, a certificate of insurance documenting the following required insurance 1.1 Failure to provide such information within five(5)calendar days of a request by the City may be grounds for termination of the Agreement. 2. Policies shall have no exclusions by endorsements which nullify the required lines of coverage, not 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: $1,040,000 Each Occurrence $2,000,004 Annual Aggregate Coverage shall include but not be limited to the following: premises/operations, independent Contractors, productslcompleted 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. b. The Contractor shat i furnish the Purchasing Manager a certificate of insurance documenting the required insurance prior to the commencement of Services. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 25 of27 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.]8-0360 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: V[I or equivalent measure of financial strength and solvency. 10.5 Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 10.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. 10.7 Workers'compensation insurance policy(s)covering employees of the Contractor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 10.8 City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 10.9 Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 26 of 27 10.10 While the Agreement is in effect, Contractor shall report, in a timely manner, to the Purchasing Division any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a properly loss. 10.11 Contractor's liability shall not be limited to the specified amounts of insurance required herein. Non-Exclusive Contract Mowing and Rigid of Way Maintenance Services Agreement 27 of 27 Exhibit B—City of Fort Worth Bid Solicitation ITB No. 18-0360 FORT WORTH,,. CITY OF FORT WORTH /PURCHASING DIVISION INVITATION TO BID NO. 18-0360 GROUNDS MAINTENANCE OF RIGHT OF WAYS BID CLOSING DATE: AUGUST 16, 2018 For further information contact: Senior Jeff Cope, Senior Buyer FAX (817) 392-8440; email: FMSPurchasingRes ponses(&fortworthtexas.ciov Bids are solicited for furnishing services set forth in this solicitation. Completed Bids including one executed original, one copy and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., August 16, 2018, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager. YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address: City of Fort Worth, Purchasing Division, Lower Level, City Hall, 200 Texas Street, Fort Worth, Texas 76102 Bids delivered by special courier (i.e. Federal Express, Special Delivery etc.) are to be marked on the outside of the courier's shipping envelope "BID No. 18-0360 GROUNDS MAINTENANCE OF RIGHT OF WAYS" AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed; 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, conditions and scope/specifications contained in this document. The period for acceptance of this bid will be 90 calendar days after the bid opening date. By signing below, I certify that I have read the attached Terms and Conditions, Instruction to Bidders and the Bid requirements and have agreed to all of the terms, conditions and requirements contained herein. Failure to complete the requested information below will result in resection of your bid. Company Name and Address: Federal ID Number (TIN): Company's Authorized Agent Name and Title Signature: Date: Telephone Number: Email address: Fax Number: Cooperative Purchasing: Should other Governmental entities decide to participate in this contract, would you, the Vendor, agree that all terms, conditions, specifications, and pricing shall apply(see section 11)? Yes No Pre-Bid Conference: A pre-bid conference will be held at 3:00 PM, Tuesday July 24, 2018, at the Park & Recreation Department Conference Room 2 located at 4200 South Freeway, Fort Worth, Texas, 76114. Contents: • Part— I : Bid Solicitation/Offer • Part— II : Instruction to Bidders • Part— III : Scope of Services/Specifications • Part— IV : Standard Purchasing Terms and Conditions • Part—V : Attachments Revised 6.25.18cg Page 1 of 1 BID SOLICITATION Printed: 07/17/2018 BID OPENING DATE AND TIME: 8/16/2018 1:30:00 PM BID NUMBER: 18-0360 BUYER:Jeff Cope PHONE#: (817)392-8313 V Vendor Name: S City of Ft Worth E H N Address: 1 4200 SOUTH FREEWAY D p STE 2200 O City, State Zip Code: FORT WORTH TX 76115 R T O Item Class-Item Quantity Unit Unit Price Total 2.000 The City of Fort Worth seeks bids from qualified vendors to establish an annual agreement for Right of Way maintenance for the Park and Recreation Department per the attached specifications.The term of the agreement shall be for a one-year period,with four options to renew for additional one-year periods. A Pre-Bid conference will be held at 3:00 PM,Tuesday,July 24,2018,at the Park&Recreation Department Conference Room 2 located at 4200 South Freeway, Fort Worth,Texas,76114. FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL IMPACT A POTENTIAL VENDOR'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE.ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED.SUBMIT PRICES ON THE BID LOCATION AND DETAILED PRICE FORM LOCATED WITHIN THE BID PACKAGE.ALSO, INCLUDE OVERALL TOTAL FOR EACH SECTION ON THE BID SOLICITATION SHEET. 3.000 Grounds Maintenance for North East and South West right of way 1 EA locations,per attached specifications. Enter Grand Total Annual Cost from grounds maintenance locations price sheet,Attachment K. TOTAL: WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 90 DAYS. TERM OF PAYMENT: COMPANY: DELIVERY: SIGNATURE: TELEPHONE NUMBER: NAME AND TITLE: 18-0360- Grounds Maintenance of Right of Ways Page 2 of 88 PART- II INSTRUCTION TO BIDDERS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation. Bidders must use a complete Solicitation to prepare Bids. The City assumes no responsibility for any errors or misrepresentations that result from the use of incomplete Solicitations. 1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location and phone number for the Purchasing Division are specified in the advertisement and in the solicitation. 2.0 EXPLANATIONS OR CLARIFICATIONS 2.1 Any explanation, clarification, or interpretation desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division with sufficient time allowed for a written addendum to reach each Bidder before the submission of their Bid. Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.2 Requests for explanations or clarifications may be faxed to the City's Purchasing Division at (817) 392-8440. The fax must clearly identify the Buyer's name and the Solicitation number. Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum to all Bidders who have been issued a Solicitation. 2.3 Unauthorized Communications: Bidders' contact regarding this Invitation to Bid (ITB) with employees or officials of the City other than the Purchasing Manager, the Minority and Women Business Enterprise (M/WBE) Office, or as otherwise indicated in the ITB is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Respondent shall have any contact or discussion, verbal or written, with any members of the City Council, City staff or City's consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except as herein provided. Any violation of this prohibition may result in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this ITB. 3.0 PRE-BID CONFERENCE- A pre-bid conference is being held, the time, place, and nature of the conference is 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. Revised 6.25.18cg 18-0360 -Grounds Maintenance of Right of Ways Page 3 of 88 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. 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. Revised 7.11.18cg 18-0360 -Grounds Maintenance of Right of Ways Page 4 of 88 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. 4.9.2 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. 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/purchasinq/, click on "Automated Clearing House Setup" 5.0 SUBMISSION OF BIDS 5.1 Bid document: Unless otherwise specified, Bidders are required to submit a signed executed original and one scanned copy in flash drive. Bids must be submitted in a sealed envelope with the bid number written on the outside of the envelope. 5.2 Documents required with Bid: The following documents must be submitted with each Bid prior to the Due Date: 5.2.1 The completed and signed first page of this document; 5.2.2 The Price Offer in Bid Solicitation Sheet(s); and 5.2.3 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 to the Purchasing Division. 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. Bids delivered to a City location other than the Purchasing Division will not be considered. The Bid must be received by the Purchasing Division and stamped before deadline to be considered. Revised 7.11.18cg 18-0360 -Grounds Maintenance of Right of Ways Page 5 of 88 6.0 MODIFICATION OR WITHDRAWAL OF BIDS 6.1 Modification of Bids: Bids may be modified in writing at any time prior to the Due Date. 6.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the facsimile is signed by the Bidder) at any time prior to the Due Date. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the Due Date. A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the Due Date without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or without modifications, prior to the Due Date. The City may require proof of agency from the person withdrawing a bid. 7.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall personally and publicly open all Bids timely received, reading each bid aloud. 8.0 EVALUATION FACTORS AND AWARD 8.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless otherwise specified). However, the City may evaluate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most 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 Method of Award is detailed in Section 19 in Part III Scope of Services/Specifications 8.3 Acceptance of Bid: Acceptance of a Bid will be in the form of a Purchase Order or a Contract. Subsequent purchase releases may be issued as appropriate. The contents of a Bid shall become a part of the Contract. Under no circumstances will the City be responsible for Goods or Services provided without an acceptance signed by an Authorized City Representative. 8.4 Reservations: The City expressly reserves the right to: 8.4.1 Specify approximate quantities in the Solicitation; 8.4.2 Extend the Solicitation opening date and time; 8.4.3 Consider and accept alternate Bids, if specified in the Solicitation, when most advantageous to the City; 8.4.4 Waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 8.4.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bidder); 8.4.6 Add additional terms or modify existing terms in the Solicitation; 8.4.7 Reject a bid because of unbalanced unit prices bid; 8.4.8 Reject or cancel any or all Bids; 8.4.9 Reissue a Solicitation; 8.4.10 Procure any item by other means; and/or Revised 7.11.18cg 18-0360 -Grounds Maintenance of Right of Ways Page 6 of 88 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 two (2) City business days after the bid opening date, exclusive of the bid opening date, to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 9.4 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution, the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. 10.0 PROTEST PROCEDURE 10.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 10.2 The vendor must submit any protest in writing to the Purchasing Manager within 14 days after the vendor knows, or should have known, of the facts relating to the proposed action or award. 10.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing action through telephone discussions, mail, email or in person meetings with the protesting vendor. 10.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting vendor of the right to review by a panel made up of City staff. 10.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department, the Purchasing Manager and any other appropriate personnel or employees of the operating department. 10.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the vendor does not agree, the protesting vendor will be invited to attend the City Council meeting at which the recommended award is to be presented to the City Council and make known his/her concerns. The protesting vendor will be instructed to arrive prior to the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document (M&C) in question. Revised 7.11.18cg 18-0360 -Grounds Maintenance of Right of Ways Page 7 of 88 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. 11.0 COOPERATIVE PURCHASING 11.1 Should other governmental entities decide to participate in this contract, bidder, shall indicate in their proposals whether they agree that all terms, conditions, specification, and pricing would apply. 11.2 If the successful bidder agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental entities within utilizing Contracts with the City of Fort Worth shall 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 shall be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth shall not be responsible for another governmental entity's debts. Each governmental entity shall order its own material/services as needed Revised 7.11.18cg 18-0360 -Grounds Maintenance of Right of Ways Page 8 of 88 PART- III SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City)seeks bids to finalize a non-exclusive Agreements for Grounds Maintenance of Right of Ways as described herein on an "as needed basis for the Park & Recreation Department. The City intends to award multiple agreements to provide full coverage of service for the City. The successful bidder(s), known hereafter as "Contractor"/"Vendor." 1.2 The term of this Agreement shall begin on the date stated in Purchase Order("Effective Date") and shall expire one year from the effective date, unless terminated earlier in accordance with the provisions of this Agreement. This Agreement may be renewed for four additional one year periods upon written Agreement of the City and Contractor. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor/Vendor. 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 based on the discount bid and price sheet provided with the bid. 1.4 Unit prices shall include all costs associated with the specified work, including but not limited to handling, delivery, fuel charges, fees and certifications fees. No additional charges will be accepted or paid by the City. 1.5 All items supplied resulting from this bid shall be of recent production, unused, and suitable for their intended purpose. 1.6 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 2.0 DETAILED SCOPE OF SERVICES/SPECIFICATIONS The Vendor hereby agrees to provide the City with requirements attached hereto and incorporated for all purposes incident to this Agreement in Attachment "L", Scope of Services/Specifications and Attachment "Maps", more specifically describing the services to be provided hereunder. 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP 3.1 The Vendor shall notify the City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. Revised 7.11.18cg 18-0360 -Grounds Maintenance of Right of Ways Page 9 of 88 4.0 LAWS, REGULATIONS, AND ORDINANCES 4.1 The Vendor 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 Vendor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Vendor to comply. 5.0 INVOICING REQUIREMENTS 5.1 All invoices should be submitted directly to the requesting department. It is the responsibility of the Vendor to get the name of the responsible person, telephone numbers and address of the department's division at the time the service is requested. 5.2 A properly prepared invoice shall be typewritten or computer printed and shall include the Vendor's name, number and federal tax identification number, invoice number, address, date, service or item description, unit price, extended cost, and City issued purchase order number. Incomplete or inaccurate invoices may result in delayed payments, as they shall be returned to the Vendor for correction and re-submittal. 6.0 UNIT PRICE ADJUSTMENT 6.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the renewal period but before the effective date of the renewal upon written request from the Vendor. 6.2 The Vendor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Vendor shall provide written proof of cost increases with price adjustment request. 6.3 If the City concludes that the rate increase being requested is exorbitant, the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to exercise the renewal option, the Purchasing Division will issue a new solicitation. 6.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs. 6.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. 6.6 Upon expiration of the Agreement term the successful bidder, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the city to re-bid an agreement, not to exceed ninety(90)days. Vendor will be reimbursed for this service at the prior agreement rate(s). Vendor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. 6.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice to the City. Revised 7.11.18cg 18-0360 -Grounds Maintenance of Right of Ways Page 10 of 88 7.0 QUANTITIES 7.1 The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. 8.0 OMITTED 9.0 OMITTED 10.0 PERFORMANCE 10.1 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. 11.0 COMPLAINTS 11.1 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. 12.0 SUBCONTRACTING 12.1 No subcontracting of the work under this Agreement will be allowed without written permission from the City. 13.0 OMITTED 14.0 OMITTED 15.0 SAFETY 15.1 The Vendor 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 licenses, 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). 16.0 HAZARDOUS CONDITIONS 16.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to City property. 17.0 CONTRACT ADMINISTRATION 17.1 Contract administration will be performed by the City Department. In the event the Vendor fails to perform according to the terms of the agreement, The Department head or his/her designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. Revised 7.11.18cg 18-0360 -Grounds Maintenance of Right of Ways Page 11 of 88 17.2 In the event the Vendor continues with unsatisfactory performance, the department will promptly notify the Purchasing Manager who will take appropriate action to cure the performance problem(s), which could include cancellation, termination for convenience or default. If the agreement is terminated for default, the Vendor may be held liable for excess cost and/or liquidated damages. 17.3 The Vendor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City. 17.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole convenience. In the event of such termination, the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subVendors to cease work. Subject to the terms of this agreement, the Vendor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the City using its standard record keeping system, have resulted from the termination. However, in no event shall the total of all amounts paid to the Vendor exceed the agreement price. The Vendor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 18.0 BIDDERS QUALIFICATIONS 18.1 The following information must be submitted as part of the bid package and shall be supplied in the following order: 18.1.1 Bidder's background, services provided and number of years in business. 18.1.2 Bidders shall provide evidence that they are duly qualified and capable to fulfill and abide by the requirements listed herein with the bid. The bidder shall demonstrate its ability to secure and perform the services within the delivery requirements specified herein. 18.1.3 In order to receive bid award consideration, the bidder shall maintain sufficient resources to fulfill normal City of Fort Worth requirements. 18.1.4 Bidders shall provide a reference list of a minimum of three (3) current customers (comparable in size) who the bidder has recently supplied subject item(s) on a continuing basis over a recent twelve (12) month period. 18.1.5 10% M/WBE Participation is the Goal - provide details with evidence. 19.0 METHOD OF AWARD 19.1 Bids will be evaluated based on the bidder who offers represents the "best value" to the City. The following criteria will be considered to determine the best value: 19.1.1 Cost of service - Maximum 35 points available 19.1.2 Past performance with the City of Fort Worth. - Maximum 15 points available 19.1.3 Adequate and qualified personnel resources based on manager/owner's experience, number of crews, persons per crew, and adequate plan to mobilize additional crews as needed, Attachment I —Company Information - Maximum 10 points available Revised 7.1 L 18cg 18-0360 -Grounds Maintenance of Right of Ways Page 12 of 88 19.1.4 Prior contracts with City of Fort Worth, Park and Recreation Department for comparable scope, types, and size of inventory serviced presented in this bid. - Maximum 15 points available 19.1.5 Equipment meets or exceeds specifications for mowing areas involved, Attachment G- List of Machinery and Equipment. - Maximum 10 points available 19.1.6 Technology meets or exceeds work order specifications for the contract, Attachment H —Technology Capability- Maximum 5 points available 19.1.7 Minority/Women Business Enterprise (M/WBE)diverse goal, Attachment J - Maximum 10 points available 19.2 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. 19.3 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. 19.4 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 19.5 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself, another municipal corporation of like size, or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. 19.6 Any bid that does not include a bid for ALL of the locations on the Bid Solicitation form may be rejected. The bid award will based on a best value model. The evaluation factors listed above will be applied in a comparative manner to all eligible, responsive bids. Award may be made without discussion with Bidders after bids are received. Bids should, therefore, be submitted on the most favorable terms. 19.7 Tentative Schedule of Events ITB Release Date July 18, 2018 Pre-Proposal Conference July 24, 2018 3:00 PM (Local Time) Deadline for Questions August 3, 2018 1:00 PM (Local Time) ITB Due Date August 16, 2018 by 1:30 PM (Local Time) Proposal Evaluations August 17-24, 2018 Recommended Vendor Selection August 24, 2018 Mayor and Council Approval September 18, 2018 20.0 BIDS 20.1 Bidders shall submit the following items with their bid: 20.1.1 A completed and signed original Invitation to Bid (ITB) form; 20.1.2 A completed and signed original Bid Solicitation form; 20.1.3 Completed and signed originals of all addendums issued. 20.1.4 A completed and signed original Conflict of Interest Questionnaire, Attachment A; Revised 7.11.18cg 18-0360 -Grounds Maintenance of Right of Ways Page 13 of 88 20.1.5 A completed Bidder's Contact Information Form, Attachment B; 20.1.6 A completed Consideration of Location of Bidder's Principal Place of Business, Attachment C, if applicable; 20.1.7 A completed Reference Sheet, Attachment D; 20.1.8 A completed and signed original List of Machinery& Equipment, Attachment G. 20.1.9 A completed and signed original Technology Capability, Attachment H. 20.1.10 A Completed and singed original Company Information, Attachment I. 20.1.11 A completed and signed original M/WBE Goal, Attachment J. 20.1.12 A completed and signed original Grounds Maintenance Locations Price Sheet, Attachment K. 20.1.13 All items listed in Section 18.0, Bidder Qualifications; 20.1.14 Scanned copy of all documents listed in paragraph 20.1 in flash drive. 20.2 Failure to submit the items listed in paragraph 20.1 may be grounds for rejection of a bid as non-responsive to the specifications. 21.0 QUESTIONS 21.1 Questions, explanations or clarifications desired by a Vendor regarding any part of the bid must be requested in writing from the Purchasing Division by August 3, 2018 at 1:00 PM (Local Time). Interpretations, corrections or changes to the bid made in any other manner are not binding upon the City, and Vendors shall not rely on such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Agreement are not binding. 21.2 IN ORDER FOR THE QUESTION TO BE ANSWERED, ALL QUESTIONS MUST BE HAND DELIVERED OR SENT BY E-MAIL TO THE ADDRESS BELOW OR FAXED TO THE TELEPHONE NUMBER BELOW AND MUST BE IDENTIFIED AS LISTED BELOW: 21.2.1 Hand Delivery must be submitted to the Purchasing 21.2.2 Email questions to: FMSPurchasingRes ponsesa-fortworthtexas.gov Please include the bid number, name of the bid and Jeff Cope in the subject line. Please note, if an e-mail confirming receipt of your e-mail is not received within 1 business day, please contact City of Fort Worth Purchasing at 817-392-2462. 21.2.3 Facsimile: (817) 392-8440, Attention: Jeff Cope and Bid NO 18-0360 Revised 7.1 L 18cg 18-0360 -Grounds Maintenance of Right of Ways Page 14 of 88 PART—V ATTACHMENTS ATTACHMENT-A 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. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Vendor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the #4 box in all cases. Revised 7.11.18cg 18-0360 -Grounds Maintenance of Right of Ways Page 15 of 88 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. ", 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code, Date RacaAred by avendorwho has abusiness relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filedwith the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts thatreq uirethestatementtobefiled. See Section 176.006(a-1),Local Govern ment Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. 1 Name of vendorwho has a business relatlonshlp wlth local governmental entity. 21 H Check this box if you are filing an update to a previously filed questionnaire. {The law requires that you file an updated completed questionnaire with the appropria_e filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information In this section is being disclosed. Name of Officer This section {item 3 including subparts A, B. C, & D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIO as necessary_ A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes 71 No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? = Yes = No G. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more? = Yes = No D. Describe each employment or business and family relationship with the local government officer named in this section. d Signature of vendor doing business with the governmental entity Data Adapted 8!7!2015 Revised 7.11.18cg 18-0360 -Grounds Maintenance of Right of Ways Page 16 of 88 ATTACHMENT- B BIDDER'S CONTACT INFORMATION Bidder's Name: Bidder's Local Address: Phone: Fax: Email: Name of person assigned specifically for this Agreement: Name/Title Phone: Fax: Email: Name of persons for renewal information and/or billing questions: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Signature Printed Name Date Revised 7.11.18cg 18-0360 -Grounds Maintenance of Right of Ways Page 17 of 88 ATTACHMENT-C 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) Revised 7.1 L 18cg 18-0360 -Grounds Maintenance of Right of Ways Page 18 of 88 ATTACHMENT- D REFERENCE SHEET Please complete and return this form with your bid. The bidder shall furnish references 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. The City will be the sole judge of references. Please use additional sheets. 1. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number ( ) Email 2. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number( ) Email 3. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number ( ) Email Revised 7.11.18cg 18-0360 -Grounds Maintenance of Right of Ways Page 19 of 88 ATTACHMENT- E HOW TO REGISTER WITH THE CITY OF FORT WORTH I Visit FORTWORTHTEXAS.GOV Scroll to the purple section at bottom of page Under Business, click Contractors Click Register as a Contractor(right side under BuySpeed Online) After reading, click Next step Review Contractor Terms & Conditions Agree to the terms and click Next Page Click Register Enter your Tax ID# (or Social Security Number), Company Name, Country and Email Address; click Submit. The company name entered MUST be the same as the invoice you would present for payment to the City of Fort Worth. Complete all required information under each tab; be sure to Save & Continue at the bottom of your screen before proceeding to the next tab. o Categories & Certifications tab —a current W9 form is required before your Contractor account can be activated. Don't forget to fax or email to purchasingbsoa-fortworthtexas.gov or(817) 392-1982!! o Summary tab—Verify that all information is accurate and there are no RED Validation Errors at the top of your screen. If you do have errors, you will not be able to proceed until all info is completed. Click Complete Registration Congratulations, you've registered!! You will receive an email with your registration confirmation after you have submitted your W9. For any changes/edits to your Contractor profile please email the Contractor registration administrator at PurchasingBSOafortworthtexas.gov The City of Fort Worth prefers to make Contractor payments by direct deposit to Contractors' checking/savings accounts or by procurement credit card. The direct deposit process is called Automated Clearing House Transfer (ACH). Advantages of ACH are: Gives Contractors use of the funds one business day AFTER the transfer has taken place. Contractors 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 Contractors' bank accounts by the next business day. To register for ACH service please visit http://fortworthtexas..qov/purchasinq/, click on the link titled "Automated Clearing House Setup", download, complete and submit the two ACH forms. Revised 7.11.18cg 18-0360 -Grounds Maintenance of Right of Ways Page 20 of 88 ATTACHMENT—F NO BID SHEET (Please complete this form, only if, your firm has chosen not to submit a bid) Jeff Cope, Senior Buyer Purchasing Division Fax No. 817-392-8440 E-mail address: FMSPurchasingResponsesa-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 200 Texas Street Fort Worth, Texas 76102 {or fax to above address} Please check the items that apply: 0 Do not sell the item(s) required. 0 Cannot be competitive. 0 Cannot meet the Specifications highlighted in the attached Bid. 0 Cannot provide Insurance required. 0 Cannot provide Bonding required. 0 Cannot comply with Indemnification requirements. 0 Job too large. 0 Job too small. 0 Do not wish to do business with the City. 0 Other reason. Company Name: Authorized Officer or Agent Signature: Telephone: ( ) FAX Number: ( ) Revised 7.11.18cg 18-0360 -Grounds Maintenance of Right of Ways Page 21 of 88 ATTACHMENT G - 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 ALONG TERM LEASE OF AT LEAST ONE YEAR,OF THE CONTRACTOR SUBMITTING THIS BID. UNITS TYPES OF EQUIPMENT ATTACH ADDITIONAL SHEETS AS NEEDED Revised 7.1 L 18cg 18-0360 -Grounds Maintenance of Right of Ways Page 22 of 88 ATTACHMENT H — TECHNOLOGY CAPABILITY Electronic Work Orders — The City may utilize electronic work orders. ALL CONTRACTORS MUST HAVE THE TECHNOLOGICAL CAPABILITY TO USE THE CITY'S ELECTRONIC WORK ORDER SYSTEM. Contractors will be required to have high-speed access to the Internet in order to receive Work Orders and submit proof of compliance with Work Orders, including photographs of completed work. Please answer yes or no for each question below: Mowing crew access to digital cameras capable of at least 1 mega-pixel with image resolution of 1280 x 1224 that adds date stamp on the face of the picture. Yes No Admin access to high capacity color printer capable of 200 imprints with map image per day. Yes No Mowing crew and Admin ability to accept work orders and send completed work orders from a mobile wireless device, laptop, or other similar equipment. Yes No Mowing Crew access to Android or iPhone cellular telephone, active internet and data plan able to support up to 10 gigabytes of data per month, camera that can take pictures at 12 megapixels and storage capacity of 128 gigabits or more Yes No Print Name Signature Date Revised 7.11.18cg 18-0360 -Grounds Maintenance of Right of Ways Page 23 of 88 ATTACHMENT I—COMPANY INFORMATION Company's Name: Company's Corporate Address: Company's Local Office Address: Phone: Fax: E-mail: Monitored 24/7 Emergency Contact Phone Number: Normal hours of operation: Weekdays Weekends Name of Designated Manager for this Agreement: Manager's contact information (phone and email): Manager's dates of employment with company: Manager's years of grounds maintenance: Manager's years of supervisory experience with company: Number of year's company has provided established mowing services Number of crews Number of persons per crew Number of skilled labor Number of non-skilled labor Are you able to mobilize additional crews as needed Yes No Explain (use more paper if needed) Print Name Signature Date Revised 7.11.18cg 18-0360 -Grounds Maintenance of Right of Ways Page 24 of 88 Attachment J — Business Diversity Enterprise (BDE) Ordinance Provision The City of Fort Worth implemented the Business Diversity Enterprise (BIDE) Ordinance to reflect the City's availability and disparity study findings. All proposers shall note that it is the policy of the City to ensure the full and equitable participation of Minority/Women Business Enterprises (M/WBEs) in the procurement of services $50,000 or more. This Request for Proposal consists of an M/WBE goal. The Minority/Women Business Enterprise (M/WBE) diverse goal is 10%. The information shall be submitted with the proposal and shall include: • The company name, address, point of contact, email address, office and fax telephone numbers of the M/WBE subcontractors and suppliers; • A detailed description of the work to be performed or supplied by each M/WBE; • The tier level, i.e., 1 st, 2nd, 3rd, etc. (if other than 1 st tier, the plan must clearly identify the firm name and tier from whom the M/WBE firm will be receiving payment) • The sub-contract value or percentage of work for each M/WBE participant; • State the M/WBE percentage level of commitment achieved; and • Provide the same identification information for all non-M/WBE participants It is important to note that only M/WBE subcontractors and suppliers that perform a commercially useful function may count towards the 10% M/WBE diverse goal. If the Proposer is certified as a DBE, MBE, SBE or WBE firm, it is not permissible to count itself or its subsidiary-owned companies towards the established goal; the goal represents subcontracting opportunities. Proposers must obtain M/WBE listings from the City of Fort Worth's M/WBE Office at (817) 212-2674 or email mwbeoffice(acfortworthtexas.gov. This will ensure that Proposers are acknowledging M/WBE firms currently certified by the North Central Texas Regional Certification Agency(NCTRCA) or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth at the time proposals are submitted, in order for the participation to be counted towards the established diverse goal. The firms must be located in the City's six(6) county geographic marketplace that includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Also note if a firm is DBE certified that reflects minority ownership and meets the criteria's stated, it may count towards the goal. If an Offeror (regardless of certification status or if a non-D/M/W/MBE), however, forms a joint venture with one or more M/WBEs, the MM/BE joint venture percentage participation will be counted towards the established goal. The appropriate City of Fort Worth Joint Venture form must be submitted for review and approval in order for it to be counted. The City of Fort Worth strongly encourages joint ventures. If Offeror failed to meet the stated M/WBE goal, in part or in whole, then a detailed explanation must be submitted to explain the Good and Honest Efforts your firm made to secure M/WBE participation. Failure to submit the M/WBE participation information or the detailed explanation of the proposer's Good and Honest Efforts to meet or exceed the stated M/WBE goal, may render the proposal non-responsive. The M/1\/BE commitment will be part of the final weighted selection criteria. 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= a w \ \ j \ \ \\r - - w w w w LU LU LU < < 7 § § § § < ± }LU } s s s s CO z e \ \ \ \ § § § § j § §ƒ § ƒ §§ § § 0 < 0 p / / E E K E 2 0 -i T — § a ) L) R7 L Cl) a = § d d d d d d d d § 2 u 2 z u z 0 \ / / E / F-: / u LU \ u § / \ z \ L \ co § 2 \ < \ 7 / z < 0 \ J o e 0 z § o co F- z = u z ± $_ B / / u \ ƒ \ 0 L) < 0 u 2 e 2 Cl) \ e z = 4 £ 2 o u z u e o E_ 0 / \ \ \ j \ z / 0 « m G % ® < ) $ 0 § § j 'IT \ } § o Co t = m = z r co co m o 0 0 / o f / £ n Q } ± e ƒ r e e o _ o ) § S / / \ 9 §_ L § / 2 0 2 = / 1 \ z » z LU u of � § § z § 4 = 0 ® § ± e Ro � 0 u ® § LL L O } u o / _ § ± o § , } § j E § / 0 j 0 § / \ / 0 c § / § z 00 = < o \ \ 7 § m 0 4 7 ± 7 u \§ \ § 4 4 § 0 § Ru 00 0 < ± o o@ o ± o 0z U) u = ± = ± m = _ _ LU « z F- LU w � G G G Cl) @? _ \ \ \ \ \ \ \G w a r �T m # of@ § § LU 0 § < \ \ 6 § j LU< z § j / / j Cl) e § \ / § Z § Z § j u j § j / j / } 0 < 0 7 2 Cl) 7 g @ 2 S 0 -i T - § a ) L) R7 L Cl) a a a a a § d d a d d d d d § } 0 / j s / § z / LU _ < % 0 % \ co a. \ e } _ ® ° � \ / 6 \ � \ E e z j 0 j y 0 § / 00^ (D/ § / j 6 § / § / o \ g 0 }< R 0 � § t i 2 < a 0 ± u o ¥ k z g 0 0 ± = e 2 n E § E § § \ LL2 / 2 \ _ ¥ j Cl) o u < co Cl) } \ _ § / § / 1 _ \ Of = 2 o G LU 2 = / 0 ¢ / 0 LU§ LU LU � \ @ m ƒ = 7 § 2 0 } \ § f \ _ § Cl) 0 0 r u ® = o 0 / 7 < §4 §2 \ 0 0 0 0 0 0 0 0 ± 2 _ LU « z F- LU w � ° G § $ / \ - \ \G - \g g= - i < § § LU LU LU\ \/ \\ LL 3 F- = = e = Of m m 0 co ± o = u u ± } } \ i i ƒ ƒ \ 0 § z 3 @ E / Cl) 7 g @ 0 T - § a ) L) R7 L Cl) a Cl) a r § LLe = u LU < f \ \ M / z j § z LU L < / \ / ZM ® \ ? / o / $ / a e z u � � 2 LU < z / ƒ w} ± z \ \ * 0 j \ / \ ol LU 2 / z \ 0 ƒ /§ / \ $ LU < 0- / um < < t § \ \ §_ \ / § 5 § \ 2 ƒ § § \ < j / k0 Cl) < > � c) / \ o LL § \ } ) § z ) _ 00 < e < Cot § § z j § j < _ ± Of §o 00 = e o ± ± = 2n § Cl) L \ \ \ j k \ e 2 = _ � < 2 $ Cl) 2 2g 2E EE n1 ® 2 o oz o orae 7 0 / ƒ ƒ j ƒ LL Cr § Cl) u Cl) § ± § § } k } O Cl) Cl) Cl) \ CO000 \ § 0 §\ \ \ § / ƒ / Cl) § ® \ § / ® / § § 2 § 3 \ 4 Cl) 4 4 4 § 4 4 o o EE o u o 0 00 o o ± e ± u 4 � 7 = m = < LU « z F- LU w \ G \ \ \ \ \ \ \ \ \ \ \ it . § § § § / \ Of z 0 \ \ \ § Cl) § \ Cl) ± j § § § § 2 < \ \ ƒ \ / 0 \ \a z \ @ \ Cl) \ L) @ 0 -i T - § a ) L) R7 L Cl) a a g d a d d d d d § � e u co LU 6 co / z 0 Lij LU i ° LU ^ z Z0 m \ ue * g <i § / Of @ z z z § _ ƒ § @ e z = 0 E 6 m ƒ 2 g ƒ m z \ \ \ 04 \ \ \ c 0 0 s u g z e / a. / / \ j \ / 0 \ 0 ± z _ _ § ¥ g u g § z u G 2 = u 2E < 0 m § Of z ° < } 0 0 E 0 g u / } e u ± o ± z u 0 o E _ < e < t F _ ® / ) = 4 / / } 3 E e = z o U) z 0 \ m L / 0 0 \ < \ } § t 0 * 4 < _ ± < e o e o c e = = z u < k ƒ 2 % 2 0 e z - ƒ © o £ n z e o \ / j ƒ i j < j 0 E \ 9 \ m e z o o m n 1 C) m mee = - _ § / / 0 / \ o E / of } \ i j § § < Cl) / / 0 -1 / O = m ® _ § 7 { = 3 7 < - \ j § \ _ = e 2 _ § ± _ _ \ / 2 e = 0 o e u = 7 7 u o _ § / z ƒ § ® _ ® 4 \ Of 442 4 Ru 4jj Of } 4 0 0 0 � 0 00 oCl) ± o = o z _ < zo LU « z F- LU w � G E G & & 2 = \ \ \ \ \ \m m w a r a = c m § \ 6 6 / \ \ \ j 0 \ \ \ \ \ \ co 0 } } / < < < < 0 < 0 e e e m = _ _ _ Of _ Of 0 F- � / (D \ / } / � / u � 0 � T - § a ) L) R7 L Cl) g = a _ § � d d d d e d LU ƒ LO § Of / ® I? = $ * 0 ^ 0 z \ i z} ƒ/ 2 g @ 0< E j / < § a u ® Ra \ § } < z \ § < z m 0 LU / x >- dk co LU = _ ± $ § / Cl) 0 a. \ � \ \ \ § u o z t C) < < L) � Cl) 5 LU LUz � ± 2 u < u e < E Cl) � / FD 4 / / LL 0 / G « LU = ± § u u < 0 e % u k \ \ � \ Cl) § \ / 00 v \ ƒ § } § } ƒ ® / Co / § \ ¥ / \^ Cl) i0 E ƒ § t ® e < 6 u 0- LU E £ E ± 2 ± ± ± \ } } ± \ _ / \ / d 13 � / z } \ ƒ § \ 00 = = 0 / 0- 0 = e e o u z 2 o Cl) LL 2E ? \ =/ _ Cl) Lu §� \ ) / Cl) \ ƒ § j § j / } Cl) 0 Cl) O § ƒ / \ o ± = u 4 0 ƒ u , 0 ¥ 0 2 ± o < u = 2 _ = Cl) z 2 < * = Cl) e Cl) z }} 0 4 ƒ z LU LUƒ 0 1 o = _ = o e < e u e Cl) Cl) \ 4 4 4 4 < 4 } 4 0 4 § 4 0 00 o u o = o ± 0 0 0 C) LU « z LU LU c am }\ Cl) = _ \ / \ \ \ \\ Cl) # LU § E § /< z LU \ ± e { CO § LU< \ } \ -j z \ \ j eu ƒ / I � / } i i } \ \ 0 z / / 0 \ / / u 0 � T - § a ) L) R7 L Cl) a o �T a r § d d d d d d e d Li z § j / / of / } / 2 ƒ Of ® } ƒ 5 / ) \ \ \ § 0 of / < \ / E / R ƒ / } j / { \ \ / 0j§ j © § 0 % C \ / \ / § i / iLu0 LU < z < § ƒ g j j4 / / § / j § / } n § j k / Of / \ \ § / � \ 0 ) j co $_ a. 0 } / E § < os o emu § ze § e 0 \ § \ \ / \ \ / Z § Of LL Cl) / / 0 \ \ z \ / / 0 § § 2 / § d z \ \ / / / § i / / \ \ a } \ ƒ jm t ± e �Lu � @ \ _ 0 � Co< \ / LU ® § 2Ezy So v ƒ } § j j 2 $ L / 23:o 0 LU § § 00 0 § 2 \ < 2 6 / / 2 Of tea / \ § / k } e j § ± LU r) _ * Lu \ / \ { © Of/ LU \ 2 § 0M < LU \ / 0z \ \ \ / \ \ \ _ \ LU LU oLo f Co \ � u < o o0 o = 4 § ƒ } = 0- § i � 2 § / Of � 0 0 ° § 7 g_ ° mLLJoe / § / § § } 7 ba § / LU U § / § \ L < _ < 7 Co e § z = z 7 200 = < Re 0 c = _ © § = = o = _ U) LLJL §u 2 U) \ of § 4 Of f-- \ § Zg \ / � == Cl) § § / i ƒ 0 i § § § / § a { ® \ OfLCO ƒ \ 40 0 4 44 4 40 4 4j \j LU < } §\ o ± 0 00 0 0 ± 0 ± o o ± og % RIo 2 _ 2 22 Of 2 _ 2 _ 2 2 < mm < o4m LU « z F- LU w LU } � 2 G G/ G w w 0 r— \ \ @ G \ G/ / E @ / 7 $ \ R / / / § § } u § \ \ \ 2 Cl) j / of F.- @ @ @ ± \ \ \ ° CO 0 0 0 \ j j j ) j § L) z § j j j j j j j L) 0 � T - § a ) L) R7 L § } } } } }LU a Cl) C) \ u § \ d § � k © 3 < ƒ / < = u o \ < 0 }_ /\ \ e § < k � 2 § 4 \ j o » 2 \ = _ § m = n z og § § j \ < ® 2 Z i LU LU oLU e \ a / z ƒ ¥ e } u = % L) � � � \ \ o j § 2 Cl) e § o z@ 7 § \ j / / } § j j \ E O j < t § { m u o 7 4 / e < = 6 § § / = z 7 j \ = 2 } ) < Co § of / k 4 0 /0 0 z / § \ k 0 LL o < o u = o0 o £ z LU < Ez 0 § a- \ / 4 ®0 co 6 4 0 L \ } < § LU j u / 0 } / < \ e 0 ® / j § of = z = < o z j e { a § E § oz LU / > c) O z o � m z = z = ® / ƒ u « u � \ ƒ ƒ o \ LU \ \ / \ \ 06� o \ z g 0 \ u u m = \ of < \ of _ = 2 ® \ / \ 0 0 \ \ z § = \ 0 C) ± o ± 0 00 < 0 0 oeg oe � = m ± o m mm LU « z F- LU w � \ w / / / \ \ \ \ * / 2 of § § 6 / § § § § 0 \ of \ \ w e e e u 0 A 0 A j o § § § < § < / < / \ 0 § F.- j0 j / § \ \ \ \ \ L) 0 -i T - § a ) L) R7 L Cl) a m a § d d d d d d d § \ O \ LU / e § a R \ § 0 0 k 0 Of z \ 0 0 § >z z ® -i z / G = 0 u L) m + LU\ / \ = z e m § 0 \ » / ° E 0 \ \ k ƒ \ / t \ / j\ /< \ z C a 0 ) § 2 / j / § t 12 ƒ LL § g \ ¥ ¥ o t 0 ± = m_ £ § 0 j / / \ { k \ LU 0 i ) / \ \ 0 n 1 @ e = Of d = z / § 0 \ \ LU LL \ j $ Cl)LU k LU LU LU LL 0 0 0 co o q 2 g § § m m m e e N mz o /LU \ § / \ \ \ \ E co z 0 @ m = o z 0 ƒ ƒ § / / / a 0 z \ e e § z 0 / 0 0 0 0 § 0 0LU LU 0 ± 0 m LL m LU « z F- LU w _ \ / \ /\\ \ \ \ j - \ §m Cl) a a w Fit - / / / / / / § / / / / / / Of 0 0 0 0 0 0 0 \ 0 F- r- \ / 0) / / / / } L) 0 � T - § a ) L) R7 L Cl) p a a c = r a § � d d d d d d d � / C § Lij z 7 \ U) a e L § 4 0 E u z \ \ \ \ { 2 U) ƒ $ & 0 /0 / 0 § 2 \ § LU \ \2 0 4 m z e = ^ E z 0 \ \ §f 0 ® 0 / § 0 / 0 E / v 0 § / ® } § 4- 3:§ o = e \ § k § j 7 @ j ® 0 a E E © § 4 \ k \ 4 ± } z § co \ § 0 / / \ U § 7 / ƒ / LL o LL 0 = o = o ± o ƒ ± e \ § § j / § u o / O 2 0 0 0 0 _ ± 2 , o = @ 7 7 7 L 7 0 / of z \ r \ 0 e / m e m § i j / § § \ ƒ § \ \ 0 \ 0 a 0 0 0 0 0 LU LL U) LU « z F- LU wr j \ \ \ j \ L? r r r a \ \ \ \ \ \ \ \ it y § LU Of Of 0 w k >- / LU » » j \ z 4 4 $ \ \ { \ } \ \ \ \ j \ j 0 L) z / / r- / 0) / \/ 04L) 0 -i T - § a ) L) R7 L Cl) w a a a a r § d d d d d d d d ¥ 0 _ = a m 0 z j \ \ j j < \ $ 2 < 0 0 / / j / / \ = G o @ j z \7 o ¢ \ k < / § o u } 0 o ± / / \ 4 = m < \ \ / § 4 j\ \ \ n 0 < 0 \ § J =z E e 2 / LL 7< a m / E 7 a 0 a = m e u § / § § e z o 0 § E t § j 0 § j \ \ \ \ \ 2 o m u o /ƒ Of z a E z 0 § § % / ®06 E G § t 0 0 F- / < < 0 \ § � 0 § 00 0 § L) / o /* ƒ c ± § § e ® § 4- 0 / > / ® < 0 < LU 0 ° _ u zz u zz = o $ r ) j k \ / \ f \ j / \ \ \ I o 4 ± m / m z 0 0 _ 2 i i / \ 2E § 2 0 E / < / } Roo u } u } 00 0 _ _ § / 7 = _ > _ © e ± 2 § § 4 ® z 7 § u LU 0 = G = o < u o O 7 u \ e § 0 7 ƒ o c ƒ , LU = ± 7 0 j � 3: i j \ \ G / 0 \ S / \ ® < m ° u c o z < / / 0 i § § / 4 = ƒ 4 a \ 4 RcE 4 4 / / 4 < \ 4 46 § 0 o o o < ± 00 00 oz o 2 ± _ _ 2 leo 2 ± m2 2u = LU « z F- LU w CO \ / G G j \ \ \G E E G w w w = r- 0 0 0 0 0 0 0 0 0 - F- } } } } } } } } § § \ \ . \ \ \ \ \ \ of 0 w o o o 0 0 0 0 0 0 6 s § § § § § § _ _ > _ _ _ _ _ _ CO § § 2 § _ § _ § _ § _ § _ § _ 0 < z / / / / \ / 0) / L) 0 � T - § a ) L) R7 L Cl) a m a a § d d d d d d d d 0 } u / o § \ § § $ § / ƒ< z § \ \ \ \ } ¢ a of z j § } O § C) co $ 0 2 0 @ _ _ E 0 LL e m e = / j � / LL § < \ j $ j §LU z / m \ 4 = u = 2 ° \ j 5 2 _ § z \ o o < \ § / t 0 u \ § j 6 z = ± o = « 4 R LL = j LU 0L)§ o u j m o z a = / \ } Co4- m $ § \ -1o z m § / k e ® Of 0 } / / §_ £ o m ° L _ E o j / ± o /_ / Of k \ m 5 ® Of © § n 1 < _ Of _ < 2 0 _ o = _ \ \ 0 LL < u ƒ z / o = 0 2 § § / § 7 0 j / O 7 7 u ° ® ± o ' = I I G ® ƒ § LL ® ± 2 \ Of 0 < § a § 4 u = u Cl) __ e e o / z / Co 4 < m 0 ® § \ 0 0 § j 0 < < 0 \\ \ � § z � = u ± _ LU « z F- LU w @ G G G G G I g § / \ Cl) G \ \ \ \ \ G ? / $ & G\ @ @ c § it � ^ ± \ j j § 0 CO \ 0 \ LU Of k § \ § \ \ \ 0 L) z \ / / / / / \ / L) 0 � T - § a ) L) R7 L Cl) % a a g 6 a d d d d § LL � 0 0 / 0 \ LL = u o Of z = z 7 0 2 \ co < \ \ \ \ o \ / � e 4 § z � \ } / } § z O \ 2 / ƒ § § a ƒ § / a < e ± \ } e = t § / ) 0 z o u o / o g 2 Cl) o \ \ / ƒ r 2 z / k § / } E @ \ > m = = m z t \ \ \ j / § 2 ) 2 Cl) = � § z 0 § / § = u = o LU 2 o m 2 o } o ¥ o ƒ / u o u u @ 2 = o = E _ A ® ® E § z § k/ c § \ co LL co } \ § = § n 1 ± o u = e m a 0 E Cl2 0 § o o ® _ of = u 04 7 c m e o e / § § ƒ \ § O g LL Of ± z ® < ' U) 7 ° o z m z u 7 0 U) u z o = o m = / < \ LU ? ƒ 4 / 4 \ LU = 7 = / e o = o < _ \ 4 0 0 \ \ § 0 \ \ \ } 0 = m = e e e m LU « z F- LU � / o � 8 G \ / \ G 3 / \ \\ G \ \ 00 / # § 5 U 0 > \ \ \ \ \ ± U) ± u LU _ _ _ _ _ k / / of N \ \ \ \ / § § § z z z z z $ § 0 L) z 0) / \ / / / / / u 0 � T - § a ) L) R7 L Cl) m Cl) m d d d d04 d � � � < e o_ z a z § k ƒ \ Of§ i 0 Of 0 0 2 0 0 o n § / ± / c P: < \ / \ \ \ = z G j 0 § � \ jLU / / 2 § / * < J \ } 6 E \ / d i j 0 0 u 2 § / \ o / 0 / d 3 0 Of o ° © \ e \ § f = e 0 e m o 0 e z 0- \ u § § o § o z _ } i 4 K £ o ƒ 5 2 o / z § 0 / \ / / 9 n1 ° § / < < 0 \ 0 U) \ ) ƒ / ƒ § ƒ Of< § 0 }§ u° u O 0 ® LL LL LL � /LL \ U / k = 4 u § m = u m Cl) __ 7 u =_ u o 0 } a ® = 4 / ® 4 \ \ ® § \ 4 4 § 0 § j \ j 4 / § § § § = LU « z F- LU w � o o G @ 8 2 / g o c \ \ \ \ \ \ \ \ it Of i §§ Of §§ § \ 0 j z < \ \ \ w _ ± = o z \ u u u \ CO of j CO $ / ° / § / / 0 z \ 0 O 0 O 0 O 0 L) z \ / f / \ / / / L) 0 -i T - § a ) L) R7 L Cl) a r r �T w d / e d d d 0 \ < § j } \ 0 _ _ < ± = o 4 g } §_ / u / § / ® a } ? < g 0 0 § o < e \ jJ ® + \ \ \ � \ Of } j § j / \ \ \ § \ a_ � / < � 0 LU k o ± 72 _ � \ } / \ / \ ) \ \ § \ § __ z e m ± ± = 2 z 2 / z \ \ 0 2 \ z O Of § \ƒ j 0 § / j \ §Of / § t \ / \ o \ \ 0 j § \ \ \ 0 u § § = 7 } ® c ° 0 § / } 27 e4 ± o LU ® E = e u j e u I = u / z £ 2a � / Of § ° / } / uz � u � _ 0 � 4 n1 co \ j \ k LU=of \ \ LU \ § < \ i 7 _ = e 0 § ƒ / m 2 ƒ \Lu 0 LU § § \ LU \ LU \ z \ \ ƒ / ƒ \ / \ E / \ \ a j \ o § } § \ < ® < 0 o < e 0 z ® � � @ \ C) LULU u = LU LU± uz 7 0 = ® © u \ / \ 00 00 LL 00 < 00 \ \ / 0 2 _ 2 ± 2e � e u ± z = um = LU « z F- LU LU w \ j � G G - /G @ / _ = E \ 6 E 2 \ \ C \ \ # § z z z z § z § z § z § § \ z z z z 0 z / z / z / LU u u u u m u m u m u m = 2 ± = 2 ± = 2 ± = 2 ± Cl) § 6 § 6 § 6 § 6 § j \ § j \ § j \ § j \ o ± o ± o ± o ± o ± ± o ± ± o ± ± o ± ± 0 L) z / / } / } / \ / L) 0 -i T - § a ) L) R7 L Cl) _ a w a § d d d d d d d § _ z Of / � 2 o < � E LU n 0/ / \ / LU 0 \ 0 § } \ § g o ¥2 g 0 ¢ E z z u e $ = z t 2 ) / { 0 / o o = ± = e e \ \ \ j § 0 o z u r / < 0 0 ® o u u £ r § 0 § / ® 0 § _ / k \ ® }* i E § 0 co r Of G } L / o ® u ® © _ _ LL = z ® o ^ _ 0 0 \ § § \ § j =o ƒ /E } 2 7 0 ƒ / / \ = P = ƒ m ® m m a o 0 § \ § § § \ \ § \ 7 > / 7 7 4 § § ƒ 6 \ $ 4 \ § 4 4 4 4 \ / § § § / § § } LU « z F- LU w � G G G G G L @ 2 Cl 'IT 2 \ \ \ \ \ ^ \ G \ 2 E § G \ $ & \ # z § j z z F- o u g o 0 co co \ LU cc \ \ § § 0 0-1 § of 0 z j § j2 0 0 < o ± z ± z e < o ± ± 0 02 i 0- i ƒ i ƒ 0 § z Cl) } / / \ / } \ 0 � T - § a ) L) R7 L Cl) a m r r m a a r § d d d d d d d a 0 0 0 6 7 / 0 § Of 0 Of m \ § 0 0 \ \ m LU LL z z Of < 0 n _ ) � / a \ \ § Of C) C) § / z \ \ Cl) Of < E = u = 2 § § \ \ % 0 * E < e e § « \ / / / \ z 0 ƒ ¥ e m m \ o / z i \ \ § \ z } \ \ \ e u < Lo § § 0 of \ j < \ \ ± ± m = e § 0 \ 0- $ 0 0 § § § j < 7 j ƒ ƒ 4 ƒ ƒ ƒ ± 0 i § § § § j § 0 O 0 7 7 7 7 L \ j \ < 2 / / / a / § 4 7 6 LU o = 0 / 0 0 0 § 0 0 0 0 ± m _ _ LU « z F- LU LU F- / \ \ Cl) / Cl) Cl) o o 0 o o 0 0 \ o r o o a / / ) ) \ \ \ \ LU # z F- ) ) ) ) ) f § z z z « z « z « \ _ 0 z } } } } } \ 6 E 6 E 6 \ } \ \ 0 0 E E E ) 0 \§ \ \ \ \ \ \ \z 0 -i T - § a ) L) R7 L Cl) a a a �T f 2 a d d d d dg d § � Of / \ C)LU / \ 2 / y § co j C) 0 ƒ § < § g e 0 0 e o z / z of \ / 0 u } >- $ z § § <t § \$ 0 } \ 2 LU 2 § j z z j/ 4- LU = t 2 j \ j * 2 3 00 L E 0 / ƒ \ 3 \ e e = i j 2 / \ \ 4 E A o £ r \§ j k\ // LU / � 6 n1 § § f/ \ LU° 2 z = 0 ® } LU 0 LO } u = _ 0 LU } m ƒ / / ) \ § § / j 0 § \ � _ , ± 7 70 0 / § } 2E a L _ / ƒ e ® c R oZ § e zo j \ Cl) U) \ ® ƒ j 7 § § E 4 00 \ LU o e 0 0 0 §< 0 0< 0 } 0 LU = u _ _ LU « z F- LU w _ G / g \ G G G \ G G\ § G & / $ \ @ G LU < j U) ) @ LU 9 ° LzU z * _ F \ . \ \ 0 \ \ § / ƒ i ƒ ƒ ƒ } / ) ) 0 F- c o - a m �T r = L) z G § § § § § § § 0 -i T - § a ) L) R7 L Cl) r a a r § a a d d d d d d @ . \ ¥ _ _ / § j § / 0 / § ® ƒ § \ / \ § \ § 7 i } § % § \ U §\ / Of 0 LU j u § 0-0 LUU) LL = m LL E} { oa / z Of 0 \ / \ 5 / j / } \ ° \ § / j ) \ E < \ a. \ \ c 4 \ _ / 0 < § 0 e C) z u § ± ± Cl)� / \ / \ j ) \ / \ < j E 0 ) / { / i / / 1 j § t \ ¢ z 4 0 u u § § E E o « _ 0 ƒ / ƒ 0 z 2 \ ± _ = o § / 9 § 2 \ E 0 2 bLU ( \ \ \ . 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D 4 \ 40 \ § / 4 4 © 4 § 000 0 LU o ± < u _ 0 0z 02 ± = m 4 � = u ± � � \ � ± LU « z F- LU w _ CO \ / \ \ G I? = o a \ \ \ \ \ / \ / r = 00 'IT00 a it § § § § § LU 2 2 / / / ± § § � § 0 0 \ \ \ 0 § § 2 2 20 j ) j ) j j j j of ± 6 0 w w = c o a m z § § § R § R R R 0 -i T - § a ) L) R7 L Cl) a �T a g d d d d d § � § o \ \ z / _ ¥00 Lij = < o § o ° u ® a C) 3 % / \ LuOf \ � Z \ LU = j ± z § = § 2 ± \ 0 o z 2of § / ƒ E iJ / Lu / oz ee e ¥ u mzg e = @ ± LU LU mo _ _ e = z \ § \ / / \ � 6 z cLU o / 0 0 0 = z 2 ± o . 4 ± F u ± < Z z § ° M = m LU LL $ B § E / ® ƒ jG3 0 - t e_0 Of 2 L) u } _ ® \ uu © § G zz Cl) \ § LU ƒ + < } < / / ± j co e 0 0 - § e \ 22 o \ ± / ƒ z ƒ LL SEE _ 2 t F- e o mx ez � 0LU ® m Se z e < u 0 e u = < ± _ _ � ± a = o o 0 § / £ of b } aj / / § / } } § t g o z u = j ± o ¥ ± o m mE7 ± i = Cojo $ / 7 o = O § 2 of u LU euz = * ± eo < * � r of _ = ± z m = < ee < � o ± o u = u e ® _ < uem = ± n co z = < _ _ LL = mom ouu n1 2 LU 7 ° o ° ® ± ® = k u0- / 7 z 0 ± e u < = _ � = o e 0 } / / 0 L coo 0z4 ± K = ± ƒ § ¥ \ u co ƒ = o 0 0 } ƒ / ® E co § ® 7 e § \ \ m LL, = ƒ ƒ / } / Lu $ j / ƒ / § / � } 2 § § \ \ m u ® z § Z eee u2 Cl) 7 7 < o § § § § / j § LU § § » 0 \ e e Ri 4 4 / 4 § / 4 \ } 4 / / 00 u 0 0 = o = o < e 0Eo § § m m = m Boz LU « z F- LU w � G G G w = 04w \ \ \ - \ \ j \§= w w 't (D = LO # § § § § § LU F.- / / / / / o \ / LU § F- ± e ± e ± e of of zu � LU > 0 > 0 > 0 > 0 > 0 \ \ C, § 0LU 0 < ± 6 ± 6 ± 6 ± 6 ± 6 ± = ±w ± ± of 0 § j j \ \z j j j \ 0 T - § a ) L) R7 L Cl) - = a = _ a § d d d d d d d d of 0 � § 4 } ® § 5 = k u g < 2 Of\ 0 /1 L \ LU m z \ j m \ \ § \ � } \ \ / / < § / \ \ LU / ƒ E z \ < / \ \ ± § \ / \ ) \ § u t L) 0 = g g U) z § z & 0 ® % 0 < / § LU ® of o * ® o z 4 = _ o u ± ± = e 0111 E LU _ = u o = = E * k j 0 0 0 z § 0 \ \ \ \ o o ± ± _ 00 0 0 LU 0 � 0 \ § 0 Z m ± Z uw 0 or k § o § / / Z ƒ -i § uLo g eE e o E § / < / j z 0 j / § _ 2 _ / = e a _ § 4 n 1 m e - * _ mo 0 < u 0 m 0 < _ / s ƒ § 0 } E 0 u E / ƒ of § 0 z § z 0 § § 0 O = d 0 ± u =_ ¢ 7 =_ LL _ ± , G / a \ § a o = a / a / 2 * I u = = Cl) / « 0 4 0 of 0 0 G 0 7 0 m 4 = a u = u z = m = _ \ 4 / 4 § / 4 00- 4 4 § 4 \ o ± o o u o ± 0 00 0 0 2 _ 2 _ _ 2 _ 2 2 _ 2 m LU « z F- LU w \ \ G \ a _ G \\ 6 \ G G G 2 2 § 2 G / @ E # u u u m F- u \ z z z m \ \ / \ \ \ \ / } § \ \ < z z z < < } y \ \ \ ƒ } co § } } 0 § z Cl) \ \ \ \ \ \ \ 0 -i T - § a ) L) R7 L Cl) Cl) r r = = a § d d d d d a d d < 6 = _ $ e Of < of< \ / \ \ § \ ° 7 zm z @ Rz / \ 00 Of 00 / � / // / § % < § j \ c) \ 7 u < e = @ 2 ± 0 g §_ E ƒ j } \ % / \ ® ® } \ U) \ § 0 § § j / \ \ n 0 / z 0 § 0 \ @ / 4 / co a d C) = E (D < j § / \ Of 0 0 0 LU / o < \ Cl) } z z i ) \ ® E 2 o LL LU Lo LU ^ 0 § m E LU = m 2 \ Of § / o § _ _ ± _ 0 } \ 0 0 / § j 0 o \ ¥ ¥ _ / ° 0 // 0 / ƒ / } 5 j 0 Co 4- 0 ® o < ± u m o < _ ± o c 0 < §LU § / < § \ z j < § r co § E j \ of ? LU § / 0 O co 2 0 e o 2 o = z e u n 1 0 / o m ± ± o \ kE \ ® 7 Lu = _ _ _ ± ± e u ¥ § 2 = / < j / j § / neo � / e i / / - � � } L � } } / 7 0 = - ® zLL aj 7 = @ ± LL = m \ LU e } 0 - 0 § 3 / 0 of < 0 \ o \ = j \ _ = u o mu \ z2 z ± m ƒ m 7u / 7 § 4 \ 4z 000 42J Re 4 § / � § § § 0 L 0 = = 0 � 00 0 0u0 0 oz � = amm = = e = m LU « z F- LU w \ G G G G G J & g @ E g G G \ \ G \ \ \ & § E E / § ER \ \ \ \ < u e 2 = u u ƒ ƒ } _ LU Of E E ¥ ¥ ¥ E / \ \ \ \ § \ ƒ } } \ j \ I e < _ _ _ _ < < z < u U) m = m = m = 0 § \ \ \ \\ \z § \ 0 -i T - § a ) L) R7 L Cl) = w Cl) § e d d d d d 0 { Jz eLU � { Lu 4 �Co \ / / \ } LU of \ D- C') LL 0 \ < /\ O / / j ^ � § = z § 0 u / 0 0 LL U \ ƒ ƒ 2 LU \ ° § } ƒ _ 0 0 \ z0 \ \ / c $ § k 0 < z_ \ 0 \ LL of \ \ \ / E § a \ / e a. LULU Of 0 o / § of LU < $ $ < t \ / / ® Z G \ O 2 ± ± u = > z 2 Cl) ƒ § Cl) ƒ = 0 2 @ \ 4 0 ® � 6 0 ° t k U) -:i < � } $ � Of § 0 3E L \ ) / § / } 2 j o < e = o Q ¥ g ± < < u u z u e Cl) ( \ i § m _ » = / § LU k ± u0 ± ƒ / e Cl) Q ƒ } / £ r E Cl) LL 0 4> 0 ƒ E ® � Cl) 0) z c = _ ƒ 4 \ § § � ƒ / _ / ƒ n1 eJu 2 � - 0 0 e o 7 LL LU o \ ® / u u / _ ± _ 0 � ® § Z ) 0 § < / / CO LU g § z j / _ ± u = O § $ 0 % &§ / < D \ § ƒ � Z § ƒ gu / p / 0 of Of LO = < z z 0 \ = o e LL Of 0 0 0 = m ƒ 4 § 4 3: <4 ƒ 4 4 / 4 4 ozo o < zo =o = o om o 0 � 4 < < Of ± s LU « z LU LU \ CO \ / \ j L? w a g o\ \ \ \ \ ° G / LO r Cl) a c c c 2 Of z / \ \ I u u / \ / \ _ _ / k / k / § / z § { { A LU < � / § / § / / / \ \ \ / 0 / z \ \ \ \ \ \ \ \ 0 -i T - § a ) L) R7 L Cl) c a r o r- 0 0 ƒ § 0 \ Of < \ 0 / \ \ § \ LL LU \ z / / § n 02 z e 0 / L 9 < u LU e 0 t § \ j \ \ ƒ 2 a 0 / 0 \ Of E § K 0 = LL 4 / 0 ƒ \ ® § / E ) / § / \ / / 7 / G Co t ± o u < = u z Cl) o 0 u m ¥ < e e o 2 £ r \ 0 < \ of � / / / 1 ƒ § 0 < 0 _ } / } m ± u ± _ / 2 \ / 2 \ / / / e = o Q = o o 0 o = O 7 ƒ / 7 ƒ ƒ 7 = 7 = e < = u u = < _ CD \ / \ 0 0 / � / 7 7 Cl) \ < � = z $ @ i \ e e ± z z4 Of § § § § « z \ § \ ƒ § LU « z F- LU LU F- \ \ \ Cl) / / / G 6 $ 6 3 c c 0\ \ \ §c= 2 \ \ \ \ \ \ \ \ LU I = _ _ _ _ _ _ _ w Ee Ee EA EA EA e_ e e_ e e_ e CO z m z m z m z m z m2 § z § z § § / § / § / § / § / § f § f § f § / \ \\ \ Cl)z \ \ \ 0 � T - § a ) L) R7 L Cl) - R a r -1 a e Cl)r a d d § (D \ \ a z o (D U) 0 @ z < u { e § m ° _ § \b / § / / < < § Q § \ / / { = j © jOf LL COLU c co \ / 0 / \ � j \ 0 LU LU ) � / i \ EOff / / a \ ® Of u = L = u2 Z / ƒ 0 G § ® 77 ) n § $ § LL LU 2U) \ 0 z / _ \ = 4 $ a. } C) ? \ urE _ } 0 t § / § j \ CO / 2 § } ƒ \ \ § j { J / z © 0Z § j = E £ § � � » jam - ƒ / \ o t eu o § \ \ \ \ / \ \ \ \ / § \ z / § E § 2 \ 2 / § // } § § \ / \ \ ( \ j < } m / } § QC) \ u@ o % £ r § o o ® § 4 CO 2j4 § u / < e \ e e Co LU 2E z = = � / ± m m u z z § ± ee u z < 0 §LU / _ § ® \ u3 ° E _ < LU j = 00 = 2 = ± o * a e = oma ® o -1 0 0 § § � a < § _ j } 0 j / CoU _ ¢ § 2 } g / \ § � � § - § \ } 0 ƒ / j \ / u = zz = me = _ = ma u c _ � e = ems \ e / § o0z uZ 2E ± Cl) } @ / { i � jj 3: \ § j / \ U) m Roe 4 ± e 4 ± m 4 ± ± m < 2 c = o c = = 00 \ o § o = u LU 4 � mz 2ou 2z = 2 = zo 4 LU « z F- LU w w � 2 g LU \/2 @ 2 3 6 \ 2 \ \ \ \ \ \ # z z LU LU LU * LU < \ j } j } \ \ � \ p u / \ j < 0 < 0 \ \ \ \ § e = e \ 4 ± 4 ± 4 Ro 4 = § § \ \z \ \ \ \ \ \ 0 -i T - § a ) L) R7 L Cl) Cl) a a o a § d d d - e 0 < \ 0 U) < & LU 0 k LU \ / Lu L � \ U) u LU \ / U) ® % / LU \ � § / 2 a m = 0 / / $ 0 § / \ \ / [ 4 } g 4 / \ 0 % 0 0 LL@ / ± } § } < _ f §_ 0 < 0- Cl) 2 \ ) / \ 2 \ ® j 2 z < u_ m o \ / < \ / 4- 0 ) \ ® - z = = \ LU / 3 \ 0 § 0 § / § / § } { \ « Z z Co t ® \ m 0 of \ / \ 0 3 2 § ƒ 0 § z 4 0 § \ o z 00 0 � _ \ j \ Of 0 n o 0 0 0 0 \ § § §_ m / } o } Of Of 7 ® 0 2 U) E LL LU / 0 e § 7 0 § u § m g O Of e o 7 7 7 ¢ = u o U) = e = ¥ w c U) § u ¥ m R o ± < Cl) § ® 0 ? § \ R \ z \ 4 � = e 0 / j 0 0 0 0 0 0 � m ± _ _ LU « z w § \ F- = _ » / _ 0 0 \ 0 \ \ / \ \ \ / / j \ 2 § { o ) ) ) \ § } ) i 4 / 40 40 § � / / \ \ \ E \ E \ E e E E E z_ \ \ \ \ \ % \ % \ % \ § § z \ \ \ \ \ \ \ \ 0 � 9 � § a ) L) R7 L E a Cl) % w Cl) d d d dd d co L) -i § _ L) >- L k » U < / E a x 0 2 LL R w § 4 7 0 LU Cl) / / z Cl) L) ° e z >- w LU LU § u 0 \ \ § / § LU 40 w a 2 < / 0 CD _ 2 u u R n 0z LU C) 0 / / F- LU $ E z LU > § 0 0 t j \ / ƒ 2 Cl) LU E* \ >z \ ° } z z g u = § _ ƒ z < 0 z I = e m « t o m < 2 e ±< < m o < 0 2 } // 2 z LU § $ 0 m LUD } Z } a \ § 0 k \ co } � \ k o u � _ 2 z o ao _ < _ < _ ± E Of 2 \ / $ j / / %_ / n 1 U = 0 7 } LULU c7 u2 § _ _ __ o =_ u =_ ¥ ± e § ® 3 ® ® CO LL ¥ 2 ¥ z 2 O § < F § § / } 0 \ = u ± 4 § 4 = LL CO c e u ® u x u ± § § Cl) § § / § 5 § ) Cl) Cl) 00 \ ± = e ¥ _ \ /\ \ \ \ \ j j LU « z F- LU w � G o G w / m \ / \ \ \ \ 0 0 : o § § § > z z ] j ® > > > > * 7 & § } / / / / \ 3 ® c / 60 / 0 / 0 0 < E \ \ j \ j \ j \ \ C) 0 \ \ \/ z \ \ \ 0 -i ATTACHMENT— L DETAILED SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 See attached Non-Exclusive Mowing and Right of Way Maintenance Services Agreement, Attachment N. 1.2 See Attached Right of Way Maps, Attachment M. 2.0 PRE-BID CONFERENCE -A Pre-Bid conference will be held at 3:00 PM, Tuesday, July 24, 2018, at the Park& Recreation Department Conference Room 2 located at 4200 South Freeway, Fort Worth, Texas, 76114. 2.1 Bidders are responsible for familiarizing themselves with the work to be performed prior to submitting bids in order to be fully aware of the scope of the services required. Failure to familiarize with the work to be performed will not relieve the successful bidder(s) from performing in accordance with the strict intent and meaning of the specifications at the awarded bid price. There will be no additional cost to the City of Fort Worth. 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. 3.0 PERFORMANCE BOND 3.1 PERFORMANCE BOND -A performance bond is required within TEN (10) WORKING DAYS after award of an Agreement. The performance bond shall equal 5% of the total annual cost. See Attachment 4 for sample of required bond. Example: Total Annual Cost = $100,000.00 x .05 = $5,000.00 (Amount of Performance Bond) Revised 7.1 L 18cg 18-0360 - Grounds Maintenance of Right of Ways Page 62 of 88 Attachment N—Non-Exclusive Mowing and Right of Way Maintenance Services Agreement NON-EXCLUSIVE MOWING AND RIGHT OF WAY MAINTENANCE SERVICES AGREEMENT THIS NON-EXCLUSIVE MOWING AND RIGHT OF WAY MAINTENANCE SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"),a home-rule municipal corporation of the State of Texas,acting by and through its duly authorized representative,and , a Texas (enter entity type), acting by and through its duly authorized representative ("Contractor"). WHEREAS, City, through its Park and Recreation Department ("Park Department"), contracts for mowing and Right of Way maintenance services within the City; WHEREAS,through(ITB/RFP No. the City solicited bids to award non-exclusive services agreements to multiple bidders for mowing and Right of Way maintenance services on an as-needed basis in the City with an aggregate amount of for contracts awarded to the successful bidders; WHEREAS, Contractor was one of the successful bidders awarded a contract to provide non- exclusive mowing and Right of Way maintenance services to the City; WHEREAS,City and Contractor wish to set out terms of Contractor's non-exclusive mowing and Right of Way maintenance services; NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement,City and Contractor hereby agree as follows: SECTION 1 CONTRACT DOCUMENTS The contract documents shall include the following: 1. This Non-Exclusive Mowing and Right of Way Maintenance Services Agreement 2. Exhibit A—Contract Specifications 3. Exhibit B—City of Fort Worth Bid Solicitation(ITB/RFP No. ) 4. Exhibit C—Contractor's Response to City of Fort Worth ITB/RFP No. 5. Exhibit D—Insurance All Exhibits attached hereto are incorporated herein and are made a part of this Agreement for all purposes.hi the event of any conflict between the Exhibits and the terms and conditions of this Agreement, this Agreement shall control. SECTION 2 SCOPE OF WORK 2.1 Contractor shall provide mowing and Right of Way maintenance services("Services")to the City in accordance with the Contract Specifications set forth in Exhibit A, which is attached hereto and incorporated herein for all purposes. 2.2 Contractor understands and agrees that the City will award non-exclusive purchase agreements to multiple bidders for mowing and Right of Way maintenance services as outlined in City of Fort Worth Bid Solicitation(ITB/RFP No. ), which is attached hereto as Exhibit B, and incorporated herein for all purposes. Contractor further understands that the aggregate amount of all Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement Page 1 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 63 of 88 contracts awarded to multiple contractors under(ITB.RFP No. ) shall be in the amount of and the City makes no promise or guarantee of the total amount of work that will be assigned to Contractor under this Agreement. Contractor's Response to City of Fort Worth ITB/RFP No. ("Contractor's Response")is attached hereto as Exhibit C,and incorporate herein for all purposes. 2.3 The City shall issue a written work order establishing the locations, schedule, and fee to be paid to the Contractor for each Project Area to be completed by Contractor("Work Order"). Contractor shall perform the Services in accordance with each Work Order issued by the City. The City may issue an amended Work Order to address any changes in the work to be performed after a Work Order has been issued. Except as otherwise specified in this Agreement,the fee established in each Work Order shall be based upon the prices submitted by Contractor in Contractor's Response. SECTION 3 TERM OF AGREEMENT 3.1 Term. The term of this Agreement shall begin on and expire on ("Term"), unless terminated earlier in accordance with the provisions of this Agreement. This Agreement may be renewed for additional year periods upon written agreement of the City and Contractor. SECTION 4 INVOICES AND PAYMENT 4.1 The City shall pay Contractor the fees established in each Work Order in accordance with the provisions of this Agreement. Contractor shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional services. The City shall not be liable for any additional expenses of Contractor not specified by this Agreement. 4.2 Contractor shall submit type written or computer printed invoices to the City which include the Contractor's name,address and telephone number,and identify the service location,the agreed price for the Project Area contained in the Work Order, and the City's issued purchase order and release number. Contractor shall submit all invoices to the City within two(2)weeks of completing the work. 4.3 Contractor shall submit all invoices to: Operations Contract Management Attention: Contract Mowing Park and Recreation Department City of Fort Worth 4200 South Freeway, Suite 2200 Fort Worth,TX 76115 CFWMowingkFortWorthTexas.g_ov 4.4 The City may complete a visual inspection of the Work to verify that it was completed in accordance with this Agreement. City agrees to pay all invoices for accepted work within 30 day of receiving the invoice. The City will only pay for work that is completed in accordance with the terms and specification contained in this Agreement. Contractor shall not be paid for any Incomplete Work or for failure to complete a location within the Cycle dates for each mowing Cycle. The City shall notify Contractor of any error in an invoice no later than the 21 st day after the date the City receive the invoice. SECTION 5 LIABILITY AND INDEMNIFICATION Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 2 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 64 of 88 5.1 CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES,INCLUDING,BUT NOT LIMITED TO,PROPERTY LOSS,PROPERTY DAMAGE AND PERSONAL INJURY, OF ANY HIND OR CHARACTER, WHETHER REAL OR ASSERTED,TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF CONTRACTOR, OR ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, CONTRACTORS, EMPLOYEES, PATRONS, GUESTS, INVITEES, OR PROGRAM PARTICIPANTS. CONTRACTOR HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE AND LOSS AND PERSONAL INJURY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE SERVICES PERFORMED BY CONTRACTOR UNDER THIS AGREEMENT. 5.2 INDEMNIFICATION — CONTRACTOR, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, PROTECT, AND HOLD HARMLESS CITY AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS EMPLOYEES, AND SERVANTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS,LIABILITIES,DAMAGES,LOSSES,LIENS,CAUSES OF ACTION,SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, HIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE SERVICES PERFORMED UNDER THIS AGREEMENT BY CONTRACTOR OR ANY OF ITS OFFICERS,REPRESENTATIVES,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS;(2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON THE PART OF CONTRACTOR OR ANY OF ITS OFFICERS, REPRESENTATIVES,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS;OR(3)BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF CONTRACTOR UNDER THIS AGREEMENT(COLLECTIVELY, "LIABILITIES"). 5.3 If any action or proceeding shall be brought by or against the City in connection with any such liability or claim, Contractor, on notice from City, shall defend such action or proceeding at Contractor's expense,by or through attorneys reasonably satisfactory to City. 5.4 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligations under this Section, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations,and as so modified,the indemnification obligation shall continue in full force and effect. 5.5 Contractor agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages related to Services performed under this Agreement. Contractor agrees to make its officers, representatives, agents, and employees available to City, at all reasonable times, for any statements and case preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder. SECTION 6 INSURANCE REQUIREMENTS 6.1 Contractor shall abide by the insurance requirements set forth in Exhibit D, which is attached hereto and incorporated herein for all purposes. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 3 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 65 of 88 SECTION 7 AUDIT 7.1 Contractor agrees that the City shall, until the expiration of three (3) years after the termination or expiration of this Agreement,have access to and the right to examine any directly pertinent books, documents, papers, and records of Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Contractor reasonable advance notice of intended audits. 7.2 Contractor further agrees to include in any contractor and subcontractor agreements hereunder a provision to the effect that the contractor and subcontractors agree that the City shall,until the expiration of three (3)years after the expiration or termination of the contract or subcontract,have access to and the right to examine any directly pertinent books,documents,papers,and records of such contractor or subcontractor involving transactions of the contract or subcontract, and further that City shall have access during normal working hours to all contractor and subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give the contractor and subcontractor reasonable advance notice of intended audits. SECTION 8 TERMINATION 8.1 Termination for Convenience. This Agreement may be terminated without cause by the City upon delivery of written notice to Contractor. This Agreement may be terminated without cause by the Contractor thirty(30)days after delivery to the City of written notice of such intent to terminate. 8.2 Termination for Cause.Unless stated elsewhere in this Agreement, Contractor shall be in default under this Agreement if Contractor breaches any term or condition of this Agreement and such breach remains uncured after ten (10) calendar days following receipt of written notice from the City referencing this Agreement. 8.3 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any time during the term of the Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate the portion of the Agreement regarding such obligations to be effective on the later of(i)ninety(90)calendar days following delivery by the City to Agreement of written notice of the City's intention to terminate or(ii)the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 8.4 Other Remedies. Any termination of this Agreement as provided in this Agreement will not relieve Contractor from paying any sum or sums due and payable to City under this Agreement that remains unpaid and due at the time of termination, or any claim for damages then or previously accruing against Contractor under this Agreement. Any such termination will not prevent City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Contractor for any default under the Agreement. All City's rights,options,and remedies under this Agreement will be construed to be cumulative,and not one of them is exclusive of the other. City may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Agreement. No such termination shall relieve City from any obligation it may have to Contractor hereunder and City may pursue any and all rights and remedies or relief provided by law, whether or not stated in this Agreement. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 4 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 66 of 88 SECTION 9 LICENSES AND PERMITS 9.1 Contractor shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for its operations. SECTION 10 NOTICES 10.1 All notices required or permitted under this Agreement may be given to a parry personally or by mail, addressed to such parry at the address stated below or to such other address as one parry may from time to time notify the other in writing. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: CONTRACTOR: City of Fort Worth Park and Recreation Director 4200 South Freeway, Suite 2200 Fort Worth,Texas 76115 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth,Texas 76102 Or to such other address as such party may hereafter designate by notice in writing addressed and mailed or delivered to the other parry 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 Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 5 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 67 of 88 13.1 The provisions and conditions of this Agreement are solely for the benefit of the City and Contractor, and any lawful assign or successor of Contractor, and are not intended to create any rights, contractual or otherwise,to any other person or entity. 13.2 Contractor agrees that it will not subcontract or assign all or any part of its rights,privileges or duties hereunder without the prior written consent of the City, and any attempted subcontract or assignment of same without such prior consent of the City shall be void. SECTION 14 BINDING COVENANTS 14.1 Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereunder are declared to be for the benefit of and binding on their respective successors,representatives and permitted assigns,if any. SECTION 15 INDEPENDENT CONTRACTOR 15.1 It is expressly understood and agreed that Contractor and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representative, agents, servants,officers, contractors, subcontractors,and volunteers. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers,representatives,agents,servants and employees, and Contractor and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that the City shall in no way be considered a Co-employer or a Joint employer of Contractor or any employees, representative,agents,servants,officers,contractors,subcontractors,and volunteers of Contractor.Neither Contractor,nor any officers, agents, servants, employees or subcontractors of Contractor shall be entitled to any employment benefits from the City. Contractor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees,representative,agents, servants, officers,contractors, subcontractors,and volunteers. SECTION 16 AMENDMENTS, CAPTIONS,AND INTERPRETATION 16.1 Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may not be modified or amended except upon execution of a written amendment to this Agreement executed by the Assistant City Manager and Contractor and filed with the City Secretary's Office. 16.2 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 16.3 In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party,regardless of the actual drafter of this Agreement. SECTION 17 GOVERNMENTAL POWERS AND IMMUNITIES Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 6 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 68 of 88 17.1 It is understood that by execution of this Agreement,the City does not waive or surrender any of its governmental powers or immunities. SECTION 18 AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES 18.1 By executing this Agreement, Contractor's agent affirms that he or she is authorized by Contractor or its general partner to execute this Agreement and that all representations made herein with regard to Contractor's identity,address,and legal status are true and correct. 18.2 This Agreement may be executed in several counterparts, each of which will be deemed an original,but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. SECTION 19 SEVERABILITY AND NO WAIVER 19.1 It is agreed that in the event any covenant,condition or provision herein contained is held to be invalid by any court of competent jurisdiction,the invalidity of such covenant,condition or provision shall in no way affect any other covenant, condition or provision does not materially prejudice either Contractor or City in connection with the right and obligations contained in the valid covenants,conditions or provisions of this Agreement. 19.2 The failure of either parry to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. SECTION 20 COMPLIANCE WITH LAWS 20.1 This Agreement is subject to all applicable federal, state and local laws,ordinances,rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. 20.2 If City notifies Contractor or any of its officers, agents, employees, contractors, or subcontractors, of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation. SECTION 21 SOLE AGREEMENT 21.1 This Agreement, including any exhibits attached hereto and any documents incorporated herein, contains the entire understanding and agreement between the City and Contractor, and any lawful assign and successor of Contractor,as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. SECTION 22 PROHIBITION ON BOYCOTTING ISRAEL 22.1 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2)will Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 7 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 69 of 88 not boycott Israel during the term of the contract. The terms "boycott Israel" and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1)does not boycott Israel; and(2) will not boycott Israel during the term of the contract. SECTION 23 IMMIGRATION NATIONALITY ACT 23.1 Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. (SIGNATURES ON FOLLOWING PAGE) Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 8 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 70 of 88 IN WITNESS WHEREOF, the parties have executed this Agreement in multiples in Tarrant County,Texas. EXECUTED to be effective on the date set forth in Section 2. CITY OF FORT WORTH CONTRACTOR Susan Alanis Name: Assistant City Manager Title: Recommended. Richard Zavala,Director Park and Recreation Department APPROVED AS TO FORM AND LEGALITY: Richard A.McCracken Assistant City Attorney ATTEST: Mary Kayser City Secretary M&C: Date: Form 1295: Contract Compliance Manager: By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract,including all performance and reporting requirements. Name: Title: Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 9 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 71 of 88 EXHIBIT A CONTRACT SPECIFICATIONS I. SCOPE OF WORK The Services shall consist of mowing and Right of Way maintenance activities at specific geographic areas, city streets (both rural and neighborhood),boulevards,medians, traffic islands, and other City properties within each Project Area, as required by an established Maintenance Schedule. The Contractor is responsible for mowing all areas, removing all trash and litter from each Project Area, edging all curbs and sidewalks, and trimming all turf along pavement (including expansion cracks extending two(2) feet onto the pavement, curbs, on or around signs, posts, guard rails, sidewalks, and other obstacles). II. DEFINITIONS The Following terms as used in this Agreement shall have the meanings assigned to them: 1. Call Back. —When a Contractor is requested to return to a Project Area to correct Incomplete Work. 2. Chemical Trimming — The use of an herbicide (such as Roundup and/or an approved equal containing a pre-emergent, such as Surf LAN or an approved equal) as an alternative to the physical removal or cutting of plant material from areas to be trimmed. 3. Clumped Grass Cuttings — Any accumulation of cut grass that, on the day of mowing,exceeds six(6)inches in height.These clumps are typically found in areas where mowing equipment has turned,reversing directions. 4. Contract Manager — The duly authorized representative of the Park and Recreation Department,who shall monitor the Contractor's performance. 5. Cycle— Each time period in the mowing schedule for the mowing season. Each time period is defined by a beginning and ending date,during which all prescribed maintenance activities for each Project Area shall be completed. 6. Inclement Weather—Any rainy/wet weather, or when the condition of the soil is such that the rutting of property will occur and cutting of grass cannot be accomplished safely or in a manner that will not rut up or cause any damage to the turf. 7. Incomplete Work—The failure of Contractor to perform the Services in accordance with this Agreement. 8. Maintenance Schedule— The time periods established by the City for the mowing season within which all prescribed maintenance activities for each area shall be completed. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 10 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 72 of 88 9. Mowing Height—The setting of mowing equipment to cut grass to a height of two (2) inches for project areas designated for 7- or 14-day mowing Cycles, to a height of three (3)inches for project areas designated for 21-,or more,day mowing Cycles,or as specified by the Contract Manager. 10. Mowing Map—A geographical map or images showing designated areas where mowing should occur for each Project Area. 11. Mowing Season — The time period typically beginning in March and ending in late November as determined annually by the Park and Recreation Department. Note: Typically the mowing season will begin when high grass and weeds begin and the mowing season will end the latter part of November or after the first hard freeze. 12. Non-Mow Area — An area of land designated for wildflowers, flowers or natural regeneration of native grasses. 13. Ozone Action Days - The period from May Ist through October 31st (Ozone Season) of each year when ozone levels are critical. These days are determined by the Texas Natural Resource Conservation Commission and are announced via television, radio, and TX DOT highway information boards. 14. Project Area—The specific geographic area(s)of the City designated to receive specific mowing and Right of Way maintenance services. 15. Right of Way(ROW) A narrow length of land,street,roadway,alley,sidewalk,or other property that provides a lawful route that may be used by the public. 16. Trash and Litter—Any debris within a Project Area including, but not limited to, paper, plastic,cans,bottles(including broken glass),cardboard,rags,bottle tops,tires,limbs and branches 4 inches or smaller in diameter, rocks, and other similar solid materials and foreign debris which is not intended to be present as part of the landscape.This is inclusive of the entire Project Area, including streets, sidewalks, curbs, hillsides, ditches, creeks, etc. In accordance with City Ordinance, garage sale signs found in median areas are also considered Trash and Litter. III. EQUIPMENT 1. Contractor shall have available all necessary equipment and materials upon arrival at a Project Area to perform the Services in this Agreement. 2. All equipment shall be in good repair at all times and be operated by responsible employees. 3. Contractor shall maintain sharp blades on all mowing equipment to cleanly cut,not tear, the blades of grass. 4. Contractor shall not store equipment on property owned by the City. Contractor shall remove all equipment from each Project Area immediately after completing the mowing and grounds maintenance. IV. MAINTENANCE AND TRIMMING Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 11 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 73 of 88 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. 5. All grass shall be cut at the proper Mowing Height. The Contract Manager may make changes in the Mowing Height requirements. 6. Mowing below the proper Mowing Heights may result in scalping. The City may terminate this Agreement for Contractor's failure to mow at the proper Mowing Height. Contractor shall pay all costs to repair damage caused by improper Mowing Heights. 7. Upon completion, a mowed Project Area shall be free of Clumped Grass Clippings, windrows,and tire/track ruts from equipment.Turf shall be cut in a manner as to not scalp turf or leave areas of uncut grass. 8. Removal of cut grass from turf areas will not be required, unless otherwise specified by the Contract Manager.Care shall be taken to prevent discharge of grass clippings onto any surface, such as streets, curbs, gutters, parking lots, sidewalks, concrete pads, creeks, lakes,ponds,or adjacent properties. 9. Any materials discharged shall be removed prior to leaving the Project Area. 10. All structures,trees,poles,tables,signs,fences,and shrub beds,are to be trimmed closely, where applicable. All trimming must be completed on the same day as all mowing operations. Special care shall be taken when trimming around trees, as to not inflict damage to the bark of trees. 11. Trim guards should be used on line trimmers when working around trees and ornamental shrubs.All trimming shall be accomplished maintaining the required Mowing Height. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 12 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 74 of 88 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. Dead grass should be removed after any herbicide application. 16. 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. 17. 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. 18. 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. 19. 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. 20. If the Contractor's failure to use reasonable care causes damage to any property, the Contractor shall replace or repair the damage, within 72 hours of notification, at no expense to the City. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost,which may be deducted from payments made to the Contractor. 21. Contractors are not to use any motorized equipment between 6 A.M. and 10 A.M. on Ozone Action Days,unless the equipment uses propane,diesel,or compressed natural gas as a fuel source,or meets California Air Resources Board(CARB)revision 92 standards. V. BLOWING OF GRASS/DEBRIS Chapter 12.5, Section 12.5-302,subsection(a)of the City Code provides that a person commits an offense if the person introduces or causes to be introduced into the MS4(Municipal Separate Storm Sewer System) any discharge that is not composed entirely of storm water. Contractor shall not blow grass 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 Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 13 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 75 of 88 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 1/4 inch. All concrete sidewalks,trails,curbs,walking paths,and steps must be mechanically edged,exposing the concrete surface.The Contractor may use a disc edger on a mower or similar device to edge the median as long as the produced edge meets the standard set forth in this section. All materials dislodged by edging shall be removed from the site or blown back onto grass areas,as to leave a clean appearance.Concrete sidewalks shall be edged on both sides. VII. TREES AND SHRUBS No pruning of any tree shall be permitted, unless specified otherwise in this Agreement. Broken limbs or tree debris,along with any trash or litter, shall be removed from ornamental flower and planting beds, as well as from the entire Project Area during each mowing Cycle. Mulch rings shall be reshaped prior to leaving a Project Area when dislodged by mowing equipment. Failure to replace damaged trees shall be considered a breach of this Agreement and the Contractor shall be assessed for damages. Slight or moderate damages to trees will result in assessment of damages. VIII. ASSESSMENT OF DAMAGES FOR DAMAGE TO TREES 1. The Contractor will check trees in the Project Area before work begins and report any damage to trees to the Contract Manager. 2. The Contract Manager will conduct random checks of the trees during the Term of the Agreement. 3. A check of all trees may be made by the City prior to the end of the Term or Renewal Term. City Forester,Contract Manager,and Contractor shall attend the inspection. 4. Damages shall be documented by memo to the City Forester with a copy to the contract file and the Contractor. 5. The Contractor may have the option of replacement or payment for severely damaged trees at a location to be designated by the Park and Recreation Department. Replacement shall be made on caliper inch per caliper inch basis,with a minimum size replacement tree of 2 inch in caliper. The Contractor shall be responsible for the planting,watering, mulching, and maintenance of replacement trees for a period not less than two years. 6. Any tree that does not survive the two year established period shall be compensated for by the Contractor to the Park and Recreation Department at a rate of$200.00 per caliper inch. 7. Damages shall be assessed at a rate of. $100.00 for each instance of slight damage to the tree(s),this is damage that may heal, examples include, but are not limited to, scaling of the trunk into the cambial layer %2"to 2"in width,but less than 1/3 trunk circumference, or breaking of limbs less than 2" in diameter, or limbs less than 1/3 trunk caliper, Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 14 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 76 of 88 whichever is less; $300.00 for each instance of moderate damage to the tree(s),which in the opinion of the City Forester contribute to the poor health and reduced longevity of the tree, examples include, but are not limited to, scaling of the trunk into the cambial layer greater than 2" but less than 1/3 of the trunk circumference, or breaking of limbs more than 2"in diameter but less than 1/3 caliper. Severe damage or removal of trees is subject to the payment of damages in the amount of$200.00 per diameter inch of trees removed or damaged for trees less than 30", $400.00 per diameter inch of trees greater than 30". Severe damage or removal shall include,but is not limited to, scarring of the trunk to the cambial layer greater than 1/3 trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch greater than 1/3 trunk caliper.Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back according to the ANSI standards. Trees greater than 6"in caliper shall be measured using diameter at breast height(DBH). In addition to any penalties or damages assessed by the Park and Recreation Department,trees severely damaged or removed shall also be subject to fines and penalties of the Tree Conservation Ordinance of the Fort Worth Zoning Code. Trees that must be removed due to damage caused by the Contractor shall be removed by the Forestry Section Tree Removal Contractor at the Mowing Contractor's expense. 8. Failure to replace or pay for damaged trees shall result in a breach of contract and the Contractor will be automatically assessed damages.Damages as described herein shall be deducted from payments otherwise due to the Contractor. IX. FOUNTAIN FEATURES AND SWIMMING POOLS 1. Edging shall be done in such a manner as to keep clippings out of water features. All clippings and trash must be removed from water features. 2. Maintenance at all fountain features will require turf areas to be mowed with grass catching equipment.If the Contractor fails to use grass catching equipment,the Contractor shall pay to the City the costs incurred by the City to clean up the site,including City staff time. The City may deduct these costs from any payments to the Contractor. X. PONDS,LAKES,AND CREEKS 1. The Contractor will use care when mowing or edging around lakes, ponds, and creeks. Grass must be directed away from water,but does not have to be caught or removed from the area. 2. The Contractor shall pay to the City the costs incurred by the City to remove grass from ponds, lakes and creeks, including City staff time. The City may deduct these costs from payments to the Contractor XI. FENCES 1. The Contractor will use care when mowing or edging around fences.This includes metal, wood or other material fence. Grass must be directed away from fence,but does not have to be caught or removed from the Project Area. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 15 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 77 of 88 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. XIL 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 perforin 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. XVL STREET USE PERMIT 1. The Contractor will be required to obtain a "Street Use Permit' prior to starting work. Contact Parkway Services Division: 200 Texas Street, Fort Worth TX 76102 (817) 392- 6594 for inquiries regarding permit. 2. The Contractor shall be responsible for providing traffic control while performing Services in accordance with this Agreement, consistent with the provisions set forth in the latest edition of the "Texas Manual on Uniform Traffic Control Devices" and the Texas Transportation Code. 3. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 16 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 78 of 88 XVIL WORK ORDERS 1. A Work Order shall consist of a written document, specifying the type of work, Contractor's name,Project Area,maintenance Cycle,beginning and end dates,price to be paid by the City and comments. 2. The Contractor shall not begin work on the Project Area until a Work Order is received by the Contractor from the City. 3. Failure to obtain a Work Order prior to beginning a maintenance Cycle may result in non- payment for work performed. 4. Electronic Work Orders — The City may utilize electronic work orders. ALL CONTRACTORS MUST HAVE THE TECHNOLOGICAL CAPABILITY TO USE THE CITY'S ELECTRONIC WORK ORDER SYSTEM. Contractors will be required to have high-speed access to the Internet in order to receive Work Orders and submit proof of compliance with Work Orders,including photographs of completed work. Minimum specifications required for electronic Work Orders are: a. Digital cameras capable of at least 1 mega-pixel with image resolution of 1280 x 1224 that adds date stamp on the face of the picture. b. A high capacity color printer capable of 200 imprints with map image per day. C. WIRELESS READY- The ability to accept Work Orders and send completed Work Orders from a mobile wireless device,laptop, or other similar equipment. i. Work Orders will be provided to Contractor(s) electronically via the Internet, and the City will receive completed Work Orders from the Contractor,with all required documentation,in the same manner. ii. Contractors will be responsible for ensuring and maintaining compatibility with the City's system. iii. The City reserves the right to accept or deny completed Work Orders that are submitted by any other means. d. CELL PHONE REQUIREMENTS i. Contractor shall have an Android or iPhone cellular telephone. ii. All cellular telephones used for contracted mowing shall have: a. An active internet and data plan able to support up to 10 gigabytes of data per month; b. An Android 8 or IOs 11,or better,operating system; C. A camera that can take pictures at 12 megapixels and up; and Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 17 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 79 of 88 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 perforin mowing and Right of Way maintenance operations during cancelled or altered Cycles. C. The Contract Manager may change the frequency of mowing and Right of Way maintenance Cycles based on maintenance needs. 3. COMPLETION SHEETS a. The Contractor must use the most recent format or version of the completion sheet provided by the Contractor Manager at all times. The Contractor will submit daily completions using the new electronic work order system upon implementation by the City. b. The Contractor shall submit each day's completions that are ready for inspection within the first regular work day after the maintenance is completed. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 18 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 80 of 88 C. Failure to submit an approved version of the completion sheet or obtain approval for any delay from the assigned Contract Manager on the next regular work day after work is completed will result in the Contractor not being paid for the work performed. XIX. PERFORMANCE 1. Upon issuance of a Work Order,the Contractor shall begin work and shall proceed with all reasonable dispatch to complete it.The Contractor shall maintain the same schedule as the one submitted to the Contract Manager at the beginning of the Mowing Season. 2. The Contractor will be required to maintain all Project Areas assigned during the maintenance Cycles. 3. Inclement Weather may result in the cancellation of a mowing Cycle only if the Contract Manager determines that there was an insufficient time period available during the mowing Cycle for the Services to be performed. Contractor shall not be paid for any cancelled mowing Cycle. 4. The Contractor may be required to return to maintain specific locations due to Incomplete Work. Any such Call Back must be completed within three (3) calendar days of the request. Failure to complete work identified in the Call Back will result in non-payment for the Incomplete Work. 5. Contractors performing a Call Back within 3 calendar days must complete all items deemed unacceptable in the first inspection of the original scheduled mow. Failure to do so will result in non-payment for Incomplete Work. 6. Contractor will ONLY be paid for work actually completed during the established mowing Cycle,unless due to weather or other valid reason which the Contract Manager has granted an extension to the scheduled mowing Cycle. 7. Failure to complete work in accordance with the approved schedule, Call Back and/or submitted completion sheets within the required timeframes may result in Contractor paying to the City the City's cost in correcting the work or termination of the Agreement. 8. If the City determines that the work is not acceptable and the issue is not resolved within three (3) calendar days of the City's request to correct the work,the City has the right to reassign the work to another contractor or perform the work with City personnel. Should the work be assigned to another contractor or completed by City personnel,the Contractor shall pay to the City the City's cost for paying another contractor to perform the work or for City staff to perform the work. Such amounts may be deducted from any invoices paid by the City to Contractor. XX. PHOTOGRAPHIC EVIDENCE 1. The Contractor is responsible for providing before and after photographic evidence of all Project Areas completed. Upon implementation of an electronic Work Order system by the City,the photographs must be submitted through the electronic Work Order system. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 19 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 81 of 88 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 CFWMowinR&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. 2. Contract Manager will approve contractor's submitted price for the job before work begins. 3. Pricing exceeding Contractor's comparable Project Areas or solicitation pricing must be approved by the Contract Manager. 4. Contractor has the right to decline or accept On-Call Mowing work. 5. hi 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. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 20 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 82 of 88 6. No one contractor is granted exclusive rights to On-Call Mowing projects or have first rights of refusal in the event service is requested again. 7. Contractors cannot fail to perform on their currently contracted mow Cycle in order to perform On-Call Mowing projects. 8. Should a scheduling conflict arise between the On-Call project and a previously contracted mow area,contractor must notify Contract Manager immediately and decline the On-Call project. XXIII. MEETINGS Contactor will attend mandatory informational meetings scheduled by Contract Manager to support City of Fort Worth mowing initiatives. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 21 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 83 of 88 EXHIBIT B CITY OF FORT WORTH BID SOLICITATION(ITB/RFP NO._) Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 22 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 84 of 88 EXHIBIT C CONTRACTOR'S RESPONSE TO CITY OF FORT WORTH ITB/RFP NO. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 23 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 85 of 88 EXHIBIT D INSURANCE 1. The Contractor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement. The Contractor shall file with the City of Fort Worth Purchasing Division, prior to the commencement of services, a certificate of insurance documenting the following required insurance 1.1 Failure to provide such information within five (5)calendar days of a request by the City may be grounds for termination of the Agreement. 2. Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City.In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Contractor to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 3. Statutory Workers' Compensation Insurance and Employer's Liability Insurance at the following limits: $100,000 Each Accident $500,000 Disease—Policy limit $100,000 Disease—Each Employee This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act(Art. 8308—1.01 et seq.Tex.Rev.Civ. Stat.)and minimum policy limits for Employers' Liability of$100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and$100,000 per disease per employee. 4. Commercial General Liability Insurance including Explosion, Collapse, and Underground Coverage shall be provided as follows: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Coverage shall include but not be limited to the following: premises/operations, independent Contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis,and as comprehensive as the current Insurance Services Office (ISO)policy. 5. Auto Liability Insurance shall be provided as follows: $1,000,000 Combined Single Limit Each Accident A commercial business policy shall provide coverage on "Any Auto",defined as autos owned, hired and non-owned. 6. The Contractor shall furnish the Purchasing Manager a certificate of insurance documenting the required insurance prior to the commencement of Services. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 24 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 86 of 88 7. At each renewal period, Contractor shall furnish the Purchasing Manager and the Contract Manager, with a current certificate of insurance documenting the required insurance within ten (10)days after accepting the renewal. 8. Policies shall be endorsed to provide the City of Fort Worth a thirty- (30) day notice of cancellation,material change in coverage,or non-renewal of coverage. 9. Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear(ATIMA). 10. ADDITIONAL INSURANCE REQUIREMENTS 10.1 The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. 10.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be received before Contractor can begin work. Failure to supply and maintain such insurance shall be a breach of contract. Contractor shall provide complete copies of all insurance policies required by this Agreement. Certificates of insurance must be supplied to: Financial Management Services Department Attention: Purchasing Division Bid No. 200 Texas Street Fort Worth,Texas 76102 10.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the City a minimum 30 days' notice of cancellation, non- renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall be acceptable in the event of non-payment of premium. 10.4 Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. 10.5 Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 10.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. 10.7 Workers' compensation insurance policy(s)covering employees of the Contractor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 10.8 City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 10.9 Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 25 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 87 of 88 10.10 While the Agreement is in effect, Contractor shall report, in a timely manner, to the Purchasing Division any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. 10.11 Contractor's liability shall not be limited to the specified amounts of insurance required herein. Non-Exclusive Contract Mowing and Right of Way Maintenance Services Agreement 26 of 26 18-0360 - Grounds Maintenance of Right of Ways Page 88 of 88 FORD1WORTH. City +of Fort Worthh 1 ADDENDUM TO THE INVITATION TO BID GROUNDS MAINTENANCE OF RIGHT OF WAYS CITY OF FORT WORTH PURCHASING DIVISION ADDENDUM NO. 1 DATE ISSUED: AUGUST 8, 2018 INVITATION TO BID NUMBER: 18-0360 ORIGINAL ITB SUBMISSION DATE: AUGUST 16,2018 (Unchanged) Addendum No. 1, dated August 7,2018 is hereby amended to incorporate in full text the following provisions: 1. Revised Attachment K- ROW Grounds Maintenance Location Price Sheet. 2. Add Attachment M - Right of Ways Part 6. 3. Questions and Answers received at the pre-proposal conference and email are hereby incorporated, in fill text, pages 1-2 All other terms and conditions remain the same. Bidders are required to acknowledge this addendum by signature and submit with original proposals. All oth rms and conditions remain the same. Cynthiaarcia ASSISTANT DIRECTOR By the signature affixed below,Addendum No. 1 is hereby incorporated into and made part of the above referenced Invitation to Bid. COMPANY NAME: SIGNATURE: NOTE: Company name and signature must be the same as on the proposal documents. Questions and Answers (Q&A) for City of Fort Worth RFP 18-0360 GROUNDS MAINTENANCE OF RIGHT OF WAYS Q1. If company is a designated DBE (Disadvantaged Business Enterprise),will the company still be required to contact other MBE companies in the Fort Worth area? Al. M/WBE subcontractors and suppliers that perform a commercially useful function may count towards the 10% M/WBE diverse goal. If the Proposer is certified as a DBE, MBE, SBE or WBE firm, it is not permissible to count itself or its subsidiary-owned companies towards the established goal; the goal represents subcontracting opportunities. Please contact the MWBE office at (817) 212-2674 or email mwbeoffice@fortworthtexas.gov and request a listing to verify if the company is a minority owned business. Q2. Will a bid bond or payment& performance bonds be required for this solicitation? A2. A bid or payment bond is not required for this solicitation. A performance bond is required and is due ten working days after award of an Agreement.The performance bond shall equal 5%of the total annual cost of your bid. Q3. Is a list of companies that attended the pre-bid conference available? A3. TIBH/Redirection Opportunities, Greener Pastures Landscape, GI-Mow, The Ashelyn Group LLC., and Smart Landscape Concepts contractors attended the pre-bid conference. Q4. Is a previous bid tab available for the grounds of Right of Ways that shows the cost for the year? A4. Lawn Patrol Service Inc. bid amount was$168,413.00 Mean Green and Landscape LLC. bid amount was$208,850.00 ITB 18-0360 Grounds Maintenance of Right of Ways Addendum No. 1 Page 2 of 2 Exhibit C - Contractor's Response to City of Fort Worth ITB No. 18-0360. FORTWORTH. CITY OF FORT WORTH/PURCHASING DIVISION INVITATION TO BID NO, 18-0360 GROUNDS MAINTENANCE OF RIGHT OF WAYS BID CLOSING DATE: AUGUST 16, 2018 For further information contact: Senior Jeff Cope, Senior Buyer FAX (817) 392-8440; email: FMSPurchasin Res onses fortworthtexas. ov Bids are solicited for furnishing services set forth in this solicitation. Completed Bids including one executed original, one copy and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing-Division by 1:30 P.M. August 16 2018 and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager. YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address: City of Fort Worth, Purchasing Division, Lower Level, City Hall, 200 Texas Street, Fort Worth,Texas 76102 Bids delivered by special courier (i.e. Federal Express, Special Delivery etc) are to be marked on the outside of the courier's.shipping envelope "BID No. 18-0360 GROUNDS MAINTENANCE OF RIGHT OF WAYS" AND, MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. ' Late bids will be returned or destroyed; 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, conditions and scope/specifications contained in this document The period for acceptance of this bid will be 90 calendar days after the bid opening date. By signing below, I certify that I have read the attached Terms and Conditions, Instruction to Bidders and the Bid requirements and have agreed to all of the terms, conditions and requirements contained herein. Failure to complete the requested information below will result in refection of your bid. Company Name and Address: Nwscaoe Grasko , LLC- 7111 A C Z Federal ID Number(TIN): $1. ZA616 Company's Authorized gent Name and Title fix" Signature: 4 Date: Z t Telephone Number: $19.a'6270�- Email address: Fax Number:R1-:2 •(2q+g Cooperative Purchasing: Should other Governmental entities decide to participate in this contract, would you, a Vendor, agree that all terms, conditions, specifications, and pricing shall apply(see section 11)? Yes No Pre-Bid Conference: A pre-bid conference will be held at 3:00 PM, Tuesday July 24, 2018, at the Park & Recreation Department Conference Room 2 located at 4200 South Freeway, Fort Worth, Texas, 76114. Contents: • Part— I : Bid Solicitation/Offer Part—II : Instruction to Bidders • Part—III : Scope of Services/Specifications • Part—IV : Standard Purchasing Terms and Conditions • Part—V :Attachments Revised 6.25.18eg Page 1 of 1 BID SOLICITATION _ Printed:07/17/2018 BID OPENING DATE AND TIME: 8/16/2018 1:30:00 PM BID NUMBER: 18-0360 BUYER:Jeff Cope PHONE#: (817)392-8313 V Vendor Name: S City of Ft Worth E H N Address: 1 4200 SOUTH FREEWAY D p STE 2200 0 City,State Zip Code: FORT WORTH TX 76115 A T Item Class-Item Quantity Unit Unit Price Total 2.000 The City of Fort Worth seeks bids from qualified vendors to establish an annual agreement for Right of Way maintenance for the Park and Recreation Department per the attached specifications.The term of the agreement shall be for a one-year period,with four options to renew for additional one-year periods. A Pre-Bid conference will be held at 3:00 PM,Tuesday,July 24,2018,at the Park&Recreation Department Conference Room 2 located at 4200 South Freeway,Fort Worth,Texas,76114. FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL IMPACT A POTENTIAL VENDOR'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE.ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED.SUBMIT PRICES ON THE BID LOCATION AND DETAILED PRICE FORM LOCATED WITHIN THE BID PACKAGE,ALSO,INCLUDE OVERALL TOTAL FOR EACH SECTION ON THE BID SOLICITATION SHEET. 3.000 Grounds Maintenance for North East and South West right of way 1 EA locations,per attached specifications.Enter Grand Total Annual Cost from grounds maintenance locations price sheet,Attachment K. 1 TOTAL: WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN QUOTE MUST BE HELD FIRM FOR PERIOD OF 90 DAYS. TERM OF PAYMENT: COMPANY: LLC DELIVERY: SIGNATURE: L� TELEPHONE NUMBER: NAME AND TITLE: A b,. e�e" g 7- -562- 762-2 18-0360-Grounds Maintenance of Right of Ways Page 2 of 88 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE LOSE ONLY This questionnaire is feeing filed in accordance with Chapter 176,Local Government Coda, Date aacWgd by a vendorwho has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filedwith the records administrator of the local governmental entily not later than the 71h business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Loral Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. f Name of vendor who has a business relationship with local governmental entity. I Df 2 Check this x f yo re filing a update to a previously tiled gllestionnafre. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the Information In this section Is being disclosed. Name of Officer This section(item 3 including subparts A, B, C, & D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a),Local Government Code. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receivVKj or likely to receive taxable income,other than investment income,from the vendor? ElYes F-1No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes F� No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more? Yes F—] No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 2 sig re of vendor doing business with the governmental entity pate Adopted 81712015 Revised 7.11.18cg 18-0360-Grounds Maintenance of Right of Ways Page 16 of 88 ATTACHMENT-B BIDDER'S CONTACT INFORMATION Bidder's Name: SLG ro U Rev r Bidder's Local Address: Pt �0�+ ► &AT.� 1 Phone: U• 91 - 5.5 Fax: Email: cjA Name of person assigned specifically for this Agreement: Nameaitle drl k o Phone: 1 r Fax: - r Email: q/119 Sabeseg ro 1 Name of persons for renewal information and/or billing questions: Name/Title_�Vq Dia ii Phone: 21 ]. X sir Fax. -2 3 — Z Email: NamefTitle Phone: Fax: Email: ;ature"__ Printed Name Date Revised 7.11.18cg 18-0360-Grounds Maintenance of Right of Ways Page 17 of 88 ATTACHMENT-C 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 op 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? "Ori inating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed 50%] x —_ 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? Six 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 loeatiory_if Fort Worth ice is newly- established)? wrt w 4 -1- ot 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. Aesc G�_ SLCy (Company Name) (Date) /1� 4&roL k&w &PPWA ( nature) (Printed Name and Title) Revised 7.11.18eg 18-0360-Grounds Maintenance of Right of Ways Page 18 of 88 ATTACHMENT-D REFERENCE SHEET Please complete and return this form with your bid. The bidder shall furnish references 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. The City will be the sole judge of references. Please use additional sheets. pp 1. Company's Name , e K Tgr�GS S�c Name of Contact C �� Title of Contact Present Address City, State, Zip Code 4 Telephone Number {6r2 } _52 9ZI7 Z _ Fax Number( /�} Email IC v 2. Company's NameC?tv S L ew w� V� Name of Contact V Title of Contact �jRz,.�A;OI6 _ C*t a r Present Address S City, State, Zip Code 3 Telephone Number (512- ) _ SZ)3 3Fax Number($'f2 ) Email 3. Company's Name Name of Contact ale J Title of Contact ; Present Address City, State, Zip Code Qdgr" Telephone Number - Fax Number( ) Email Revised 7.1 l.18cg 18-0360-Grounds Maintenance of Right of Ways Page 19 of 88 i ATTACHMENT G -LIST OF MACHINERY AND EQUIPMENT THE LISTED ITEMS OF MACHINERY AND EQUIPMENT ARE REPRESENTED AS PART OF THIS BID AND ARE AVAILABLE FOR USE IN PERFORMANCE OF THIS BID."BEING AVAILABLE"SHALL MEAN THAT THE EQUIPMENT IS OWNED OR UNDER THE CONTROL,THROUGH A LONG TERM LEASE OF AT LEAST ONE YEAR,OF THE CONTRACTOR SUBMITTING THIS BID. UNITS TYPES OF EQUIPMENT ATTACH ADDITIONAL SHEETS AS NEEDED Revised 7.11.18cg 18-0360-Grounds Maintenance of Right of Ways Page 22 of 88 a escape group 7111 Bowie (817)562 7022 office www.abescape.com Arlington,Texas 76012 (915)231-6298 fax aherrera@abescape.com (915)253-9702 cell estimating@abescape.com info@abescape.com MORILIZATIOIVSTAFFING PLAN-OF-ACTION As with our current contract, 18-0142,grounds maintenance of right-of-ways,we will apply our existing strategy. Our intention is to mow 13-15 miles per day and estimate that this contract,approximately 187 miles per cut/service,may take us 13-14 days if we are to use 2 crews. We are leaning towards using 3 crews to finish in less days,but keeping up with quality control. All the locations are input into an excel spreadsheet and transferred to google maps. A route for each crew is make,usually keeping them in the same areas,and they mow from either east to west or north to south. A completion sheet is done on a daily basis allowing the City's contract supervisor to keep tabs on finished locations. The following inventory is available in Fort Worth with additional equipment readily mobile from Austin,Texas. 35—Employees 16—Zero Turn Hustler Mowers 3—15 ft Rhino Cutters 5—100 HP John Deere Tractors 12—Stihl Blowers 8—Hand Trimmers 6—2016 Ford F350s 7—Utility Trailers 2—32 ft Gooseneck Trailers 13—Stihl Line Trimmers For the current contract, 18-0360,we intend to use 3 crews each consisting of the following equipment/employees: 3 Zero Turn Hustlers 5 Line Trimmers 2 Blowers 10 employees per crew for a total of 30 employees on the job per service. Abescape Group,LLC Licensed Irrigator-License Number L10020134 Backflow Prevention Assembly Tester-License Number 8POOIS438 EMEIN9 Y1RR[GATIQN&9ACxFWW9EPAIR ATTACHMENT H —TECHNOLOGY CAPABILITY Electronic Work Orders —The City may utilize electronic work orders. ALL CONTRACTORS MUST HAVE THE TECHNOLOGICAL CAPABILITY TO USE THE CITY'S ELECTRONIC WORK ORDER SYSTEM. Contractors will be required to have high-speed access to the Internet in order to receive Work Orders and submit proof of compliance with Work Orders, including photographs of completed work. Please answer yes or no for each question below: Mowing crew access to digital cameras capable of at least 1 mega-pixel with image resol tion of 1280 x 1224 that adds date stamp on the face of the picture. Yes No Admin access to high capacity color printer capable of 200 imprints with map image per day Yes No Mowing crew and Admin ability to accept work orders and send completed work orders from a mobile wireless device, laptop, or other similar equipment. _)LYes No Mowing Crew access to Android or iPhone cellular telephone, active internet and data plan able to support up to 10 gigabytes of data per month, camera that can take pictures at 12 megapixels and storage capacity of 128 gigabits or more )Yes No Print Name ►r reCC., Signature Date V�21 (g Revised 7.1 1.18eg 18-0360-Grounds Maintenance of Right of Ways Page 23 of 88 ATTACHMENT I—COMPANY INFORMATION Company's Name: eA w_a"4 Company's Corporate Address: 2-3 Ga-6vJ6 1Rk V E il4so I [g2_T Company's Local Office Address: 711 Eow r 'OA Phone: 917-562- ;iV 2 2- Fax- !S-2-F) ` 62E-mail: T� I t� .CO N,1 Monitored 24/7 Emergency Contact Phone Number: 0 Normal hours of operation: �Weekdays 5 ■, _ ,' eekends Name of Designated Manager for this Agreement. Manager's contact information (phone and email): 1 - ' Ong alm 4a _e Tpe c a vv� Manager's dates of employment with company: 57 Manager's years of grounds maintenance: Manager's years of supervisory experience with company: Number of year's company has provided established mowing services Number of crews Number of persons per crew Number of skilled labor Number of non-skilled labor--g— Are aborgAre you able to mobilize additional crews as needed byes No Explain (use more paper if needed) &ejC �. r • Print Name e Signature Date l+ Revised 7.11.18cg 18-0360-Grounds Maintenance of Right of Ways Page 24 of 88 Attachment J—Business Diversity Enterprise (BIDE)Ordinance Provision The City of Fort Worth implemented the Business Diversity Enterprise(BDE) Ordinance to reflect the City's availability and disparity study findings. All proposers shall note that it is the policy of the City to ensure the full and equitable participation of Minority/Women Business Enterprises (M/WBEs) in the procurement of services$50,000 or more. This Request for Prd} osal consists of an M/WBE goal. The Minority/Women Business Enterprise (M/WBE) diverse goal is 10%. The information shall be submitted with the proposal and shall include: ■ The company name, address, point of contact, email address, office and fax telephone numbers of the M/WBE subcontractors and suppliers; • A detailed description of the work to be performed or supplied by each M/WBE; • The tier level, i.e., 1 st, 2nd, 3rd, etc. (if other than 1 st tier, the plan must clearly identify the firm name and tier from whom the M/WBE•firm will be receiving payment) • The sub-contract value or percentage of work for each M/WBE participant; • State the M/WBE percentage level of commitment achieved; and • Provide the same identification information for all non-M/WBE participants It is important to note that only M/WBE subcontractors and suppliers that perform a commercially useful function may count towards the 10% M/WBE diverse goal. If the Proposer is certified as a DBE, MBE, SBE or WBE firm, it is not permissible to count itself or its subsidiary-owned companies towards the established goal; the goal represents subcontracting opportunities. Proposers must obtain M/WBE listings from the City of Fort Worth's M/WBE Office at(817)212-2674 or email mwbeoffce fortworthtexas. ov. This will ensure that Proposers are acknowledging M/WBE firms currently certified by the North Central Texas Regional Certification Agency(NCTRCA)or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth at the time proposals are submitted, in order for the participation to be counted towards the established diverse goal. The firms must be located in the City's six (6) county geographic marketplace that includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Also note if a firm is DBE certified that reflects minority ownership and meets the criteria's stated, it may count towards the goal. If an Offeror(regardless of certification status or if a non-D/M/W/MBE), however,forms a joint venture with one or more M/WBEs,the M/WBE joint venture percentage participation will be counted towards the established goal. The appropriate City of Fort Worth Joint Venture form must be submitted for review and approval in order for it to be counted. The City of Fort Worth strongly encourages joint ventures. If Offeror failed to meet the-stated M/WBE goal, in part or in whole, then a detailed explanation must be submitted to explain the Good and Honest Efforts your firm made to secure M/WBE participation. Failure to submit the M/WBE participation information or the detailed explanation of the proposer's Good and Honest Efforts to meet or exceed the stated M/WBE goal, may render the proposal non-responsive. The M/WBE commitment will be part of the final weighted selection criteria. ATTACH ADDITIONAL SHEETS AS NEEDED Revised 7.11.18cg 18-0360-Grounds Maintenance of Right of Ways Page 25 of 88 FORTWORTH City of Fort Worth Office of Business Diversity 1000 Throckmorton St. Request for Listing Fort Worth Tx 76102 Office:(817)212.267; Fax:(817)212-2681 l` MBE Construction Q DBE 0 SBE Professional A&E 0 MBE AA Professional (ji)MV— PLEASE ANSWER ALL QUESTIONS ON THIS FORM TO ENSURE FASTER PROCESSING COMPANY NAMr-ABESCAPE GROUP, LLC ADDRESS: 711 BOWIE ST. CITY/STATE/ZIP: ARLINGTON, TEXAS 76012 REQUESTER'S NAME:ALONSO MARTINEZ PHONE: 915 487 4370 FAX: 915 321 6298 EMAIL: AMARTINEZ@TXAIA.CO IS THIS A CITY OF FORT WORTH FUNDED PROJECT?Yes X or No IF YES,PLEASE PROVIDE PROJECT NAME. 18-0360 GROUNDS MAINTENANCE OF RIGHT OF WAYS IS THIS A FEDERAL FUNDED PROJECT? IF YES PLEASE PROVIDE PROJECT NAME SO THAT WE CAN PROVIDE A DBE LISTING BID OPENING DATE: 08/16/2018 PROPOSAL DATE:08-17 THRU 08-24 TYPE OF PROJECT:CONSTRUCTION PROFESSIONAL PROFESSIONAL(RFP) PROFESSIONAL(RFQ) PURCHASING X PLEASE INDICATE HOW YOU WOULD LIKE TO RECIEIVE YOUR REQUEST: FAX EMAIL XXXXX CONTRACTOR/CONSULTANT OPPORTUNITIES SUPPLIER OPPORTUNITIES DIESEL FUEL TRACTOR DEALER FERTILIZER LADSCAPE EQUIP ROCK AND MULCH DIESEL MECHANIC TRACTOR MECHANIC TIRE VENDOR This listing inclusive of the commodities you requested can be utilized for two months from the date of this letter as outlined in the Business Diversity Ordinance#20020-12-2011.If additional commodities are needed within this two month period please call the MfWBE Office at(817)392-2674 or fax (817)392-2681 or email your request to the M/WBE Office at: mwbeoffice@fortworthtexas.gov. FORT WORTH. August 14, 2018 Alonso Martinez Abescape Group, LLC 711 Bowie St. Arlington, TX 76012 Dear Mr. Martinez: This is in response to your request for the attached listings to assist your company in seeking and utilizing MBE sub-contractors and/or suppliers: Contractor Opportunities Requested Contractor Opportuni#ies Provided Diesel Fuel Fuel Suppliers Tractor Dealer N/A Fertilizer Fertilization Services Landscape Equip Lawn and Garden Services Rock and Mulch Aggregate: Sand, Gravel, Dirt, Topsoil, etc. Diesel Mechanic N/A Tractor Mechanic N/A Tire Vendor Tire Services, Sales, Service, Transport and Disposal The attached listings can be utilized up to two months from the date of this letter, per City of Fort Worth's Business Diversity Enterprise Ordinance#20020-12-2011. If additional commodities are needed within this 2-month period, please contact this office and your request will be processed immediately. Thank you for your interest and if M/WBE Office can be of further assistance feel free to contact at (817) 212-2674. Sincerely, Melani Valle Senior Contract Compliance Specialist Economic Development Department Minority/Women Business Enterprise Office ECONOMIC DEVELOPMENT DEPARTMENT OFFICE OF BUSINESS DIVERSITY THE CITY OF FORT WORTH*200 TEXAS STREET* FORT WORTH,TEXAS 76102 Phone(817)392-2674 *Fax(817)392-2681 T a) U a) U _ = 0 c E o O T c M `) voi m Z aMi Co> M °� E 0 o o u E E E N D a c a) F- n � ,(n 0) o E o U L - 0 0 o E o -0 ca o L E o 0 m ui E o O T c a) a) o U E E m o a c m o a) p (n 0 c c a) � o � °' @� @� E 'co m o N Q a L T c E c'a rn o) rn E �E1 c m t L (n p U U C Co y — V 0 -LC O U O > E N7 �1 cu a\ a` O + E voi > O ° rn U X Lr) 't �I � L a M n o V V "-• 0 x o E (na) o in v C — o ami : o m N n Q o o W n o m M o ca E Ua E � fl - aU N cn in m n c Y c M c a E m ° rn � E �_ °� ) 3 ° In t m n a) .� M ` Q a " W m E .� M i m ? .� U m n. w w o � tea -°° �oY a) a) (n ` 4_- C C (n N M O N O co O W _ (n a) (0 r- m m co V I- (n r M � N M O O O co M V M IT 0) U M N M O O LO O O V N V El)a) �• N O j a m C) = O V N N V O O O O I- C a) p Q (a M N ° M V 00 M (O O LO LO O N U (n O Y O N r N M V (n O (14 N Lf) V 00 CD .� U O Q) a) M 00 LO N Cl) LO Cl) LO N M N r N O 'n Q m 0 0 Q � M 3 � x � v r- v � � Q Q � r- � I- 0 = c Cv 00 N o0 0o Z oo ao Z oo m oo () o M cLa c ER U ) c c o 0 Z c � `� o f r- m v M C) rn (3) 0o 0 0 T o o ui o O _ v o 0 0 � r ao o N LO (o (o v 00 rn o C U (n 7 U O O (0 f- N r- O M LO O Ln V V 0) (a C C W a) .� >+ Z3 (0 N 07 N V 00 O W (f) C C O O N V (i O Lo to 00 LO O O 00 0 U 0) O C s fn U D LO co V � M N O O N N O N O V (D LL O L 7 c U 0 a) LO V LO 0) 00 00 f- M 0) N I- M O r N C c o a) O T a) O` M J o N r r V r r ti ti r r r r- 0 O ami o U a rn co ao ao N oV ao v m w oo o LUL) O N m O O O V LO M M O d7 T M O Q c o is N E (n U N n 0 0 v 0 v M o m N Cl) o v J n (D a) p p) a) (.) 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(O O M LO (D I- r W N r N U W N N () Q) - LL 7 N ` N Y c Q [ C a E c n m m L) W Q) L) °w r cu a �° p `m o '3 Z o v ° Cl) c L = 0 r o c a) W cu m > = m m 0 > J a) � fn -0 0) c N c a) c c ° a Y N n U N E ca w 7 U W J `S W Q P a- U LL H Q Q d' d 00 N H O Ln QC U a) N U E W C 0 U J a _U V J (0 > (n to Z U J a J O U Z C C Cl) m a) Q J O J U N N U O a) a 2 W �- Z J (A ui n 3 cp a) CO E U m co -i n O Z O a 0) m cu c a) 'n �_ . 2 ani Q m o f 3 c c •p c U U m o W Z c W Jin c N L J 30 Z o c O C O O J C Ur ~ (a) (0 o O m J cn aS cn m : m U aa)) cnn p N 06 a _ J E .m a m o U N 00 c x m > c 0 Y > a �_ 1— 7 ti � — LLL 75a) O a) @ C O Lp (p E L U L 1C� a) p U (n C Q Q Q U 0 LL LL w LL 0 (D C J 2 2 Q J C 8/14/2018 Print Subject: W/WBE Vendor services request From: Alonso Martinez(amartinez@abescape.com) To: aherrera@abescape.com; fcardenas@abescape.com; info@prolawncaredfw.com; prussell@championfs.com; shulsey@lloc.biz; sales@ricochetfuel.com; national@suncoastresources.com; at_landscaping@yahoo.com; tvela@astlandscape.com; phile_watsonl@hotmail.com; cshy.mla@gmail.com; info@prolawncaredfw.com; tgantt76@gmail.com; Cc: adrienne@genxlawncare.com; service@genxlawncare.com;jg050546@aol.com; iwgdfw@gmail.com; tony@lawnpatrolservice.com; gentry.assoc@att.net; support@miravistalandscaping.com; pgracia@phillipslandscape.net; Bruce.Whitlock@whitlockservices.com; tina@acetireservice.com; melvinlogan@tx.rr.com; Date: Tuesday, August 14, 2018 10:48 AM Good Morning, My name is Alonso Martinez and I am reaching out to your business as you have been designated a M/WBE by the City of Ft. Worth. If you can please email me your pricing on all or any equipment or services falling under the following categories: DIESEL FUEL/FLEET FUEL FERTILIZER LANDSCAPE EQUIPMENT ROCK AND MULCH DIESEL MECHANIC OR REGULAR MECHANIC (INCLUDES REGULAR MAINTENANCE) TRACTOR MECHANIC (LARGE AND ZERO TURN) TRUCK AND TRACTOR TIRE VENDOR Your timely response is appreciated as we are wanting to establish a business relationship with your company, Sincerely, a� cape tands.caping Alonso Martinez (915)307-2648 office (915)231-6298 fax abescape.coni Attachments • datauri-file.jpeg (9.59KB) about:blank 1/1 8/14/2018 Print Bruce.Whitlock@whitlockservices.com; tina@acetireservice.com; melvinlogan@tx.rr.com Subject: W/WBE Vendor services request Good Morning, My name is Alonso Martinez and I am reaching out to your business as you have been designated a M/WBE by the City of Ft. Worth. If you can please email me your pricing on all or any equipment or services falling under the following categories: DIESEL FUEL/FLEET FUEL FERTILIZER LANDSCAPE EQUIPMENT ROCK AND MULCH DIESEL MECHANIC OR REGULAR MECHANIC (INCLUDES REGULAR MAINTENANCE) TRACTOR MECHANIC (LARGE AND ZERO TURN) TRUCK AND TRACTOR TIRE VENDOR Your timely response is appreciated as we are wanting to establish a business relationship with your company, Sincerely, r Q% escape landaraping Alonso Martinez (915)307-2648 office (915)231-6298 fax abescaeR eoin Confidentiality Warning:This message and any attachments are intended only for the use of the intended recipient(s),are confidential,and may be privileged.If you are not the intended recipient,you are hereby notified that any review,retransmission,conversion to hard copy,copying,circulation or other use of all or any portion of this message and any attachments is strictly prohibited.If you are not the intended recipient,please notify the sender immediately by return e-mail,and delete this message and any attachments from your system. Attachments • image005.jpg (9.59KB) ■ image001.jpg (4.34KB) • image003.jpg (6.97KB) • datauri-file.jpeg (9.59KB) about:blank 3/3 8/14/2018 Print Subject: RE: W/WBE Vendor services request From: Patti Russell (prussell@championfs.com) To: amartinez@abescape.com; aherrera@abescape.com; fcardenas@abescape.com; Date: Tuesday, August 14, 2018 12:56 PM We would not be able to deliver gallons that small. Your best option is to pick up fuel to avoid the cost of having it delivered. Thanks, Patti Russell 877.909.9191 Office 817.251.1437 Fax P.O. Box 210191 Bedford, TX. 76095 A M PTO n DBE/SBE/WBE/WOSB/TxDOT/HUB Certified From: Alonso Martinez <amartinez@abescape.com> Sent: Tuesday, August 14, 2018 1:34 PM To: Patti Russell <prusseil@championfs.com>; Abraham Herrera <aherrera@abescape.com>; Fernie Cardenas <fcardenas@abescape.com> Subject: Re: W/WBE Vendor services request Our yard in Arlington will have a 200 Gallon tank LI� sCa@ tand-sr.ping I about:blank 1/4 8/14/2018 Print Alonso Martinez (915) 307-2648 office (915) 231-6298 fax abesca e.com From: Patti Russell <prusseli@championfs.com> To: Aionso Martinez<amartinez@abescape.com>; Abraham Herrera <aherrera@abescape.com>; Fernie Cardenas <fcard enas@abescape.com> Sent: Tuesday, August 14, 2018 12:32 PM Subject: RE: W/WBE Vendor services request Yes, we deliver both clear & dyed diesel. If you can give me an idea of what your volume is I can send some pricing over. Or if you know what size the tank or tanks will be at your yard that will work too. As you know, fuel prices change every day with the market so I can only send pricing based on what it would be if delivered today. Patti Russell 877.909.9191 Office 817.251.1437 Fax P.O. Box 210191 Bedford, TX. 76095 Pam on . DBE/SBE/WBE/WOSB/TxDOT/HUB Certified From: Alonso Martinez <amartinez@abescape.com> Sent: Tuesday, August 14, 2018 12.19 PM To: Patti Russell <prussell@championfs.com>; Abraham Herrera <aherrera@abescape.com>; Fernie Cardenas <fcardenas@abescape.com> Subject: Re: W/WBE Vendor services request Patti, thank you for your response. We are looking to have a large capacity tank taken to our yard in Arlington. We'd want a company like yours to deliver and fill our tank with diesel for our tractors and diesel trucks. Do you do Red Dyed Fuel? If so, that will definitely be something for our tractors since the fuel used for municipal and highway mowing is state-tax exempt. I. tar d icapin g about:blank 2/4 8/14/2018 Print Alonso Martinez (915) 307-2648 office (915) 231-6298 fax abescape.com From: Patti Russell <prussell@championfs.com> To: Alonso Martinez <amartinez@abescape.com>; Abraham Herrera <aherrera@abescape.com>; Fern ie Cardenas <tcardenas@abescape.com> Sent: Tuesday, August 14, 2018 11:01 AM Subject: RE: W/WBE Vendor services request We deliver gasoline & diesel fuel as well as oil & lubricants. We do have a location in Ft. Worth where this can be picked up by customers as well. Would you be picking up products or would we be delivering to a yard or job-site? Patti Russell 877.909.9191 Office 817.251.1437 Fax P.O. Box 210191 Bedford, TX. 76095 (WAMPTOH DBE/SBE/WBE/WOSB/TxDOT/HUB Certified From: Alonso Martinez <amartinez@abescape.com> Sent: Tuesday, August 14, 2018 11:49 AM To: Abraham Herrera <aherrera@abescape.com>; Fernie Cardenas <fcardenas@abescapQ.com> Cc: info@prolawncaredfw.com; Patti Russell <prussell a@ hampionfs.com>; shulsey_@Iloc.biz; sales a�ricochetfuel.com; national@suncoastresources.cbm; at_landscaping@yahoo.com; tvela@astlandscape.com; phile wawatson1 @hotmail.com; cshy.mla@gmail.com; info@prolawncar dfw.o m; tgantt76@gmail.com; adrienne a[@genxlawncare.com; service@genxiawncare.com; jg050546@aol.com; iwgdfw@gmail.com; tony_@lawnpatrolservice.com; gentry�ssoc@att.net; support@miravistalandscaping.com; pgracia[a7phillipslan cape.net; Bruce.Whitlock@whitlockservices.com; tina@acstireservice.cam; melvinlogarr@tx.rr.com Subject: WIWBE Vendor services request Good Morning, My name is Alonso Martinez and I am reaching out to your business as you have been designated a M/WBE by the City of Ft. Worth. If you can please email me your pricing on all or any equipment or services falling under the following categories: DIESEL FUEL/FLEET FUEL FERTILIZER LANDSCAPE EQUIPMENT ROCK AND MULCH DIESEL MECHANIC OR REGULAR MECHANIC (INCLUDES REGULAR MAINTENANCE) TRACTOR MECHANIC (LARGE AND ZERO TURN) about:blank 3/4 *Home Mail Tumblr News Sports Finance Entertainment Lifestyle Answers Group3JpgraPt)o)+ber broAMrewith the best of Yahoo Q All v Alonso Martinez,search your mailbox Search Mail Search Web Home © A. {�} ©i [1711 am A Compose /% <4% ♦ 9 Archive b Move v ® Delete d Spam v ••• More * j X v Inbox(3688) 0 RE:W/WBE Vendor services request People Drafts(577) Patti Russell<prussel(@championfs.com> Aug 14 at 1:56 PM Sent To Alonso Martinez,Abraham Herrera,Fernie Cardenas Archive Spam(611) This message contains blocked images.Show Images Change this setting I Trash(3) We would not be able to deliver gallons that small. Your best option is to pick up fuel to avoid the cost of having it delivered. Smart Views Important Thanks, Unread Starred Patti Russell People 877.909.9191 Office Social 817.251.1437 Fax Shopping P.O.Box 210191 Bedford,TX.76095 Travel Untitled Finance Folders(5) EBCO DBE/SBE/WBE/WOSB/TxDOT/HUB Certified JORGE VASQ... (5) NEW PROJECTS Notes TEXAS STATE OPTICAL From:Alonso Martinez<amartinez@abescape.com> > Recent Sent:Tuesday,August 14,2018 1:34 PM To:Patti Russell<prussell@championfs.com>;Abraham Herrera<aherrera@abescape.com>;Fernie Cardenas <fca rdena s@ a besca pe.co m> Subject:Re:W/WBE Vendor services request Our yard in Arlington will have a 200 Gallon tank Inline Image Alonso Martinez (915)307-2648 office (915)231-6298 fax abeseaue.com From:Patti Russell<prussellPchamplonfs.com> To:Alonso Martinez<amartincz(aabescape.com>;Abraham Herrera<aherreraQabescaoe.com>;Fernie Cardenas <fca rd en asOabes cape.com> Sent:Tuesday,August 14,2018 12:32 PM Subject:RE:W/WBE Vendor services request Yes,we deliver both clear&dyed diesel. If you can give me an idea of what your volume is I can send some pricing over. Or if you know what size the tank or tanks will be at your yard that will work too. As you know,fuel prices change every day with the market so I can only send pricing based on what it would be if delivered today. Patti Russell 877.909.9191 Office 817.251.1437 Fax P.O.Box 210191 Bedford,TX.76095 Untitled �I 8114/2018 Print Good afternoon and thank you for reaching out to Sun Coast Resources. We are a fuel and lubricant distributor and would need more information regarding your inquiry for Diesel Fuel/Fleet Fueling. In order to quote pricing for your upcoming project I would need the following information? What is the address that diesel fuel is needed? What type of diesel fuel, on or off road? Do you have your own fuel tanks? If not,will you need them? If so, what size tanks are you needing? In regards to fleet fueling, how many times per week are you requesting this service? What days per week would this service be needed? What time of day would the service be needed? How many pieces of equipment would be filling each day? If the inquiring for both Bulk Diesel Fuel deliveries and Fleet Fueling services? Or is this only for fleet fueling services for equipment that take diesel fuel? Once you provide the feedback necessary, I will be happy to provide you an estimated cost. Thank you again and we look forward to hearing from you. Terri Bateman Director of National Sales & Supply ( -gun remst Quality F)iPla & Lubricants Direct: 713.844.9655 Cell: 713.906.8843 Fax: 713.429.8424 800.677.FUEL (3835) ext. *655 http://www.sLincoa,%tresourccs,coi-n tl7atf;Trlan ,,suncoastrosourtes.coin E!M Esc 7 w i 9" ► 1� WINNER �Y-f1Ma M d'[CT h—ttmL1youtu.be/wJP1VDMwMei NEWS: Did you know that Sun Coast is a proud marketer of the Chevron ISOCLEAN program? This premier program provides products and services to increase equipment reliability and avoid downtime. Clickto learn more! Monthly News[ettcr Signup I Customer Satisfaction Surycy Please consider the environment before printing From: Alonso Martinez<amartinez@abescape.coin> Sent: Tuesday,August 14, 2018 11:49 AM To: Abraham Herrera<aherrera@abescape.com>; Fernie Cardenas <fcardenas@abescape.com> Cc: info@prolawnearedfw.com; prussell@championfs.com; shulsey@lloc.biz; sales@ricochetfuel.com;National <National@suncoastresources.com>; at_landscaping@yahoo.com;tvela@astlandscape.com; phile_watsonl@hotmail.com; cshy.mla@gmail.com; info@prolawnearedfw.com; tgantt76@gmail.com; adrienne@genxlawneare.com; service@genxlawneare.com;jg05O546@aol.com; iwgdfw@gmail.com; tony@lawnpatrolservice.com; gentry.assoc@att.net; support@miravistalandscaping.com; pgracia@phillipslandscape.net; about:blank 2/3 8/14/2018 Print Subject: Re: W/WBE Vendor services request From: Alonso Martinez(amartinez@abescape.com) To: National@suncoastresources.com; Cc: aherrera@abescape.com; Date: Tuesday, August 14, 2018 11:39 AM What is the address that diesel fuel is needed? ABESCAPE GROUP, LLC 711 BOWIE ST. ARLINGTON, TEXAS 76012 What type of diesel fuel, on or off road? BOTH DIESEL AND RED DYED Do you have your own fuel tanks? If not,will you need them? If so,what size tanks are you needing? WE WILL HAVE OUR OWN TANK(S) IN THE NEAR FUTURE (200 GALLONS) In regards to fleet fueling,how many times per week are you requesting this service? 2-3 TIMES PER WEEK(TRACTORS) What days per week would this service be needed? IT DEPENDS ON OUR CURRENT CONTRACTS IN FT WORTH AND WHEN WE MOW What time of day would the service be needed? BETWEEN 6AM AND 8 AM How many pieces of equipment would be filling each day? 3 LARGE JOHN DEERE TRACTORS If the inquiring for both Bulk Diesel Fuel deliveries and Fleet Fueling services? BULK FUEL %ol'o a6e.scope tands•rap.cang Alonso Martinez (915)307-2648 office (915)231-6298 fax abeseape.com From: National <National@suncoastresources.com> To: 'Alonso Martinez' <amartinez@abescape.com> Cc: National <National@suncoastresources.com> Sent: Tuesday, August 14, 2018 10:58 AM Subject: RE: W/WBE Vendor services request about:blank 1/3 City of Fort Worth FORT WORTHO ADDENDUM TO THE INVITATION TO BID GROUNDS MAINTENANCE OF RIGHT OF WAYS CITY OF FORT WORTH PURCHASING DIVISION ADDENDUM NO. 1 DATE ISSUED: AUGUST 8,2018 INVITATION TO BID NUMBER: 18-0360 ORIGINAL ITB SUBNIISSION DATE:AUGUST 16,2018(Unchanged) Addendum No. 1, dated August 7,2018 is hereby amended to incorporate in full text the following provisions: 1. Revised Attachment K- ROW Grounds Maintenance Location Price Sheet. 2. Add Attachment M-Right of Ways Part 6. 3. Questions and Answers received at the pre-proposal conference and email are hereby incorporated, in fill text, pages 1-2 All other terms and conditions remain the same. Bidders are required to acknowledge this addendum by signature and submit with original proposals. All oth rms and conditions remain the same. Cynthia arcia ASSISTANT DIRECTOR r�e�01anr�a00ea68180"a""I �K�a���a�����a�������rrr�a�a■■�rrr��RRrM�■■R By the signature affixed below,Addendum No. 1 is hereby incorporated into and made part of the above referenced Invitation to Bid. COMPANY NAME: � PSrG7]P�t- Dt1�� L,I—L SIGNATURE: NOTE: Company name and signature must be the same as on the proposal documents. Questions and Answers (Q&A) for City of Fort Worth RFP 18-0360 GROUNDS MAINTENANCE OF RIGHT OF WAYS Q1. If company is a designated DBE (Disadvantaged Business Enterprise),will the company still be required to contact other MBE companies in the Fort Worth area? Al. M/WBE subcontractors and suppliers that perform a commercially useful function may count towards the 10%M/WBE diverse goal. If the Proposer is certified as a DBE, MBE,SBE or WBE firm, it is not permissible to count itself or its subsidiary-owned companies towards the established goal;the goal represents subcontracting opportunities. Please contact the MWBE office at (817)212-2674 or email mwbeoffice@fortworthtexas.gov and request a listing to verify if the company is a minority owned business. Q2. Will a bid bond or payment&performance bonds be required for this solicitation? A2. A bid or payment bond is not required for this solicitation.A performance bond is required and is due ten working days after award of an Agreement.The performance bond shall equal 5%of the total annual cost of your bid. Q3. Is a list of companies that attended the pre-bid conference available? A3. TIBH/Redirection Opportunities,Greener Pastures Landscape, GI-Mow, The Ashelyn Group LLC.,and Smart Landscape Concepts contractors attended the pre-bid conference. Q4. Is a previous bid tab available for the grounds of Right of Ways that shows the cost for the year? A4. Lawn Patrol Service Inc. bid amount was$168,413.00 Mean Green and Landscape LLC. bid amount was$208,850.00 ITB 18-0360 Grounds Maintenance of Right of Ways Addendum No. 1 Page 2 of 2 p o C 0 0 ONO N F N LD n r o 00 Noo N l!1 V 7 n VI N N I� n lD 00 Lq O O O O O '-I o O Lq i+ ac O O '"! Z ZO Z O ❑ F z cc O O F w 7 a x o z O a Q v < Z U w Q F J cc N m a 0 0 w ❑ O _ O Q o o z A N OO O �- F- p 0 0 a u c; F w H cc u p F Q m p O p W Q c s W W l.7 G ❑ w Z W J p S d Z Vl cc z cc a Z Q Q ❑ ❑ H C O u w w H Z Z w ❑ Q F Q p f0 ~F- 3 Q ❑ O s 2 x Z w p Z o w C K w ~ a21 w O � ❑ z 0 U vvi O Q Y ❑ p 0. 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N ~ C7 > z = O O 'fV Q m ¢ Z ui w V a � O cc z n O Z H o a > V N IA Q r � F Co w a w ui a Z U V Z w �cc w w Y w Z p C O C w = w J J Fo V7 J J O O Q H U t,7Q N co Vf m Q O 3 m m w Z w w w p z � c� c� FS- w F- ~ a m O 3 C O L LL Z O W O w 0 m O O 2 W w H D Lu w J LL (w.1 W J 0 2' o N w z c Z Z m F w F=- p H w 0 f0 O Ln 0 O O 2 0 0 '~^ 0 a v m 6 O w m -` 4 O J � N Q m m > a+ 2 v m Q Q Z Z Q Q = p 3 3 2 0 0 3 r voi M oO O O o c a m 3 3 3 o m 0 0 0 0 0 0 0 ` M N O O N O N O E E O Z Z z p T 0 0 N m st Ln w ^„ c QN N co N co co N co N a J < O J U 0 m � 4 CL V) f r � II J v } V C Oa O X N V� U C J N V � � V O Q O 0 N ~ M 3 9 u D o 0 � m V O Q oc � z �C Z +� a c d E r m a� � m z � � pz °� F � View M&C Create New From Go W Routing This M&C MAC Finalized COUNCIL ACTION: Approved on 911812018 7 attachments found, Wereame GENERAL INFORMATION: Walter Newman DATE: Tuesday,September 18,2018 REFERENCE NO.: "P-12253 LOG NAME: 13P18-0360 GROUNDS MAINTENANCE OF ROWS PARD SR Home Home Pape LJ SUBJECT: MBCS Authorize Execution of Non-Exclusive Agreements with Abescape Group LLC,Palomo Financial& Reports Management Services LLC dlbla Smart Landscape Con cepis LLC and Civilian Division LLC dlbla GI-Mow Geo Help Secretars for Grounds Maintenance and Mowing Services for Right-of-Ways in an Annual Amount Up to$820,485.00 Administration and Authorize Four Annual Renewal Options for AN City Departments(ALL COUNCIL DISTRICTS) Search M&C __—. ��._._....._ .._ .. .. M&C Log Name v RECOMMENDATION: It is recommended that the City Courlal authorize execution of non-exclusive Agreements with Abescape Group LLC,Palomo Financial&Management Services LLC drbla Smart Landscape Concepts LLC and Civilian Division LLC drbra Gt-Mow for grounds maintenance and mowing services of right-of-ways in an NaC r_elrend annual amount up to$820.485,00 and authorize four annual renewal options for all City Departments. -Print Preview Print to DISCUSSION: ® Wordd®(lo rThe Parks and Recreation Department approached the Purchasing Division to fnaIIze annual Agreements wofor grounds maintenance and mowing services of right-of-ways for the City of Fort Worth.In order to Print Direct to proctire these services,the ITB consisted of detail ad specifications listing the frequency,quality,and type Printer of grounds maintenance to be performed at each location. Print to PDF The Bid was advertised in the fort WQrth Star-Telegram on July 18,2018,July 25,2018,August 1,2018, { Go To August 8,2018,and August 15,2018.The City received four bids.See attached Bid Tabulation. Attachments Staff recommends awarding one-year,non-exdusive Agreements to Abescape Group LLC,Palomo Financial&Managemerd Services LLC dlbla Smart Landscape Concepts LLC and Civilian Division LLC d/b/a GI-Mow along with four one-year options to renew.No guarantee was made that a specific amount of these services will be purchased.The bid amount for Park and Recreation annual requirements is $820,485.00.The proposed corrtract would allow the unit pace to be increased so long as the City approves the increase.In addition,an administrative change order or increase may be made by the City Manager in the amount up to S50.000.00 and does not require specific City Council approval as long as suffaerd funds Have been a ppropri eted. MAWBE Off-ice,Palomo Financial Management&Services LLC is in compliance wilh the GAY'S Business Diversity Ordinance by committing to 109' MNVBE participation on this project.The City's MANSE goal on this project is 10%. Abescape Group,LLC is in compliance with the City's 9usiness Diversity ordinance by committing to 3% MNVBE participation and documenting good faith effort.Abescape Croup,LLC identified severat subcontracting and supplier opportunities.However,the MANSE'S contacted in the areas Idardifed did not sutorn it She lowest bids.The City's MNVBE goal on this projed is 10%, Civilian Division LLC is in compliance with the Citya 8usiness Diversity Ordinance by documenting good faith effort.Civilian Division LLC identified several subcontracting and supplier opportunities.However,the MAND contacted in the areas identified did not submit the lowest bids.The City's MNVBE goal on this project is 10%. Upon City Council approval,the Agreements shall begin upon execution of the Agreements and shall end November 30,2019. FISCAL INFORMATION ICERTiFICA_nQN: The approval of this action provides purchasing authority up to$820,485.00 as specified.The Director of Finance certifies that funds are avallable in the current operating budget,as appropriated and that prior to an expenditure being mode,the pan Icipati ng depattment hes the responsibility to validate the eye iIaWily of funds. Future year appropriations are subject to Mayor and Council approval. SOMI 8-0360SR FUND IDENTIFIERS fFlTQ Dsl. and aepartm at teounj project rrowatctlyl.budget Reference 0 moun ID ID Year Chartfleld 2 and Deparboont rccounj Project rrogra Budget Referance# mvu ID ID Ymr ChartReld CERTIFICATIONS: Page 1 of 2 Ci ausanAlanls 1tnuu) Originating Department Head- Cynthia Garcia (9525) Jeff Cope (8313) Additlooal Informatton Contact: Steven Rafhers (2057) ATTACHMENTS 1. 18-0360 Compliance Memo.pdf (CFwfrtornal) 2. Abescape LLC Form 1295-x) (Public) I Bid Tab Defail.odf (CFW kxernal) 4. I-M arm 1295-RT (Public) 5. Palomo FinancO Mananement$ervicesLLC Form 1255 Certificate 100412051 SIGNED.pddf (Public) 6. SAMS REPORT 9.27-2016.pdf (U fraternal) 7, $ummary Bid Tab 1 0360. (Public) 10/8/2018 Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Comptete Nos.1-A and 6 0 there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parries. CERTIFICATION OF FILING 1 Flame at business entity filing form,and tate city,state and country of the business effWs place Certificate Number: of business. 2018-397092 ABESCAPE GROUP,LLC Ft.Wont},TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/2712018 being filed. The City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the govemmeraal etH}ty or state agency to hack or identify the contract,said provide a description of the services,goods,or other property to be provided under the contract_ 18-0360 Ground Mainlenance Right of Aways Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Herrera,Abraham FL Worth,TX United States X 5 Check only if there is No Interested Party. ❑ k 6 UNSWORN DECLARATION My nine is Agri)6a uu Li-[`uy, and my date of biM is D p—um def MY mess is q2 2C3 rAL)i'u ►mal E.� 99 22- lei D i ] (City) (*WID) (zip cafe) (om"ry) I declare under penalty of perjury that tfre foregoing is true and correct. Executed in 6-110c,St; _ _Courtly. State of on the 2Lw),of ALA 2018 {trtaM) &ear) rre of authorized agent of contracting business entity (Deciarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711