HomeMy WebLinkAboutContract 52048 CSC No. 52048
NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES AGREEMENT
THIS NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES
AGREEMENT("Agreement")is made and entered into by and between the CITY OF FORT WORTH
("City"),a home-rule municipal corporation of the State of Texas,acting by and through its duly authorized
representative, and CIVILIAN DIVISION, LLC d/b/a GI-MOW, a Texas limited liability company,
acting by and through its duly authorized representative("Contractor").
WHEREAS, City, through its Park and Recreation Department ("Park Department"), contracts
for mowing and grounds maintenance services within the City;
WHEREAS, through ITB/RFP No. 19-0032 the City solicited bids to award non-exclusive
services agreements to multiple bidders for mowing and grounds maintenance services on an as-needed
basis in the City with an aggregate amount of$268,407.00 for contracts awarded to the successful bidders;
WHEREAS, Contractor was one of the successful bidders awarded a contract to provide non-
exclusive mowing and grounds maintenance services to the City;
WHEREAS,City and Contractor wish to set out terms of Contractor's non-exclusive mowing and
grounds maintenance services;
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Agreement, City and Contractor hereby agree as follows:
SECTION 1
CONTRACT DOCUMENTS
The contract documents shall include the following:
1. This Non-Exclusive Mowing and Grounds Maintenance Services Agreement
2. Exhibit A—Contract Specifications
3. Exhibit B—City of Fort Worth Bid Solicitation(ITB/RFP No. 19-0032)
4. Exhibit C—Contractor's Response to City of Fort Worth ITB/RFP No. 19-0032.
5. Exhibit D—Insurance
All Exhibits attached hereto are incorporated herein and are made a part of this Agreement for all
purposes.In the event of any conflict between the Exhibits and the terms and conditions of this Agreement,
this Agreement shall control.
SECTION 2
SCOPE OF WORK
2.1 Contractor shall provide mowing and grounds maintenance services ("Services") to the
City in accordance with the Contract Specifications set forth in Exhibit A, which is attached hereto and
incorporated herein for all purposes.
2.2 Contractor understands and agrees that the City will award non-exclusive purchase
agreements to multiple bidders for mowing and grounds maintenance services as outlined in City of Fort
Worth Bid Solicitation(ITB/RFP No. 19-0032), which is attached hereto as Exhibit B, and incorporated
herein for all purposes. Contractor further understands that the aggregate amount of all contracts awarded
to multiple contractors under(ITB.RFP No. 19-0032) shall be in the amount of$268,407.00,and the City
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Page 1 of 26 ;3RD
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C
ITYSECRETARY
ORTH,TX
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 19-0032("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 Proj ect 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 March 5, 2019 and expire on March 4,
2020 ("Term"), unless terminated earlier in accordance with the provisions of this Agreement. This
Agreement may be renewed for (4) 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
CFWMowingAFortWorthTexas.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 21st day after the date the City receive the invoice.
SECTION 5
LIABILITY AND INDEMNIFICATION
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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.
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.
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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.
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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:
Civilian Division dba GI-Mow
City of Fort Worth 5128 Jennings Drive North
Park and Recreation Director Richland Hills,TX 76180
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 party hereto.
SECTION 11
NONDISCRIMINATION
11.1 Contractor shall not engage in any unlawful discrimination based on race, creed, color,
national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any
other prohibited criteria in any employment decisions relating to this Agreement,and Contractor represents
and warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall
comply with all applicable laws and regulations in any employment decisions.
SECTION 12
VENUE AND CHOICE OF LAW
12.1 Contractor and City agree that this Agreement shall be construed in accordance with the
laws of the State of Texas. If any action,whether real or asserted, at law or in equity, arises on the basis
of any provision of this Agreement,venue for such action shall lie in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas—Fort Worth Division.
SECTION 13
THIRD-PARTY RIGHTS AND ASSIGNMENTS
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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
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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.
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
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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: (l) does not boycott Israel;and(2) will not boycott Israel during the term of the contract.
SECTION 23
IMMIGRATION NATIONALITY ACT
23.1 Contractor shall verify the identity and employment eligibility of its employees who
perform work under this Agreement, including completing the Employment Eligibility Verification Form
(1-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement. Contractor shall
adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no
services will be performed by any Contractor employee who is not legally eligible to perform such services.
CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY
PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this
Agreement for violations of this provision by Contractor.
(SIGNATURES ON FOLLOWING PAGE)
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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 3.
CITY OFry FORT WORTH CONTRACTOR
Fernando (Mar ) Curtis Kinsey(Mar 13,20f9)
Fernando Costa Name:Curtis Kinsey
Assistant City Manager Title:
Owner
Recommended.•
RiOhard Zavala
Richard Zavala(Mar 14,2019)
Richard Zavala,Director
Park and Recreation Department
APPROVED AS TO FORM AND LEGALITY:
Richard A.McCracken(Mar 14,2019)
Richard A.McCracken
Assistant City Attorney
F ' .
ATTEST: p.. FORAlan,7 S
aofw
Mary J. ayser(Mar� 19) ,
:2
Mary Kayser
City Secretary
M&C: P-12304
Date: 03/05/2019
Forel 1295: 2019-451838
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.
v✓ 4V i��' MekW l
Walter K Newman(Mar 13,2019)
Name: Walter K.Newman
Title: Contract Compliance Specialist OFFICIAL R s
ECORD
rFT
S/EC E`�ARY
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement ��9Q&TH,TX
Rev.11/18
EXHIBIT A
CONTRACT SPECIFICATIONS
I. SCOPE OF WORK
The Services shall consist of specific grounds maintenance activities at specified parks,
community centers, boulevards, medians, traffic islands, and other City properties within each
Project Area, as required by an established Maintenance Schedule. The Contractor is responsible
for mowing all areas, removing all trash and litter from each Project Area, edging all curbs and
sidewalks, and trimming all turf along pavement (including expansion cracks extending two (2)
feet onto the pavement, curbs, on or around signs, posts, guard rails, sidewalks, and other
obstacles).
II. DEFINITIONS
The Following terms as used in this Agreement shall have the meanings assigned to them:
1. Call Back. —When a Contractor is requested to return to a Project Area to correct
Incomplete Work.
2. Chemical Trimming — The use of an herbicide (such as Roundup and/or an
approved equal containing a pre-emergent, such as Surf LAN or an approved
equal) as an alternative to the physical removal or cutting of plant material from
areas to be trimmed.
3. Clumped Grass Cuttings — Any accumulation of cut grass that, on the day of
mowing,exceeds six(6)inches in height. These clumps are typically found in areas
where mowing equipment has turned, reversing directions.
4. Contract Manager — The duly authorized representative of the Park and Recreation
Department,who shall monitor the Contractor's performance.
5. Cycle — Each time period in the mowing schedule for the mowing season. Each
time period is defined by a beginning and ending date, during which all prescribed
maintenance activities for each Project Area shall be completed.
6. Inclement Weather—Any rainy/wet weather, or when the condition of the soil is
such that the rutting of property will occur and cutting of grass cannot be
accomplished safely or in a manner that will not rut up or cause any damage to the
turf.
7. Incomplete Work—The failure of Contractor to perform the Services in accordance
with this Agreement.
8. Maintenance Schedule — The time periods established by the City for the mowing
season within which all prescribed maintenance activities for each area shall be
completed.
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9. Mowing Height— The setting of mowing equipment to cut grass to a height of two (2)
inches for project areas designated for 7- or 14- day mowing Cycles, to a height of three
(3)inches for project areas designated for 21-,or more,day mowing Cycles,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 1 st through October 31st (Ozone
Season) of each year when ozone levels are critical. These days are determined by
the Texas Natural Resource Conservation Commission and are announced via
television, radio, and TX DOT highway information boards.
14. Project Area—The specific geographic area(s)of the City designated to receive specific
grounds maintenance services.
15. Trash and Litter—Any debris within a Project Area including, but not limited to, paper,
plastic,cans,bottles(including broken glass),cardboard,rags,bottle tops,tires,limbs and
branches 4 inches or smaller in diameter, rocks, and other similar solid materials and
foreign debris which is not intended to be present as part of the landscape.This is inclusive
of the entire Project Area, including streets, sidewalks, curbs, hillsides, ditches, creeks,
etc. In accordance with City Ordinance, garage sale signs found in median areas are also
considered Trash and Litter.
III. EQUIPMENT
1. Contractor shall have available all necessary equipment and materials upon arrival at a
Project Area to perform the Services in this Agreement.
2. All equipment shall be in good repair at all times and be operated by responsible
employees.
3. Contractor shall maintain sharp blades on all mowing equipment to cleanly cut, not tear,
the blades of grass.
4. Contractor shall not store equipment on property owned by the City. Contractor shall
remove all equipment from each Project Area immediately after completing the mowing
and grounds maintenance.
IV. GROUNDS MAINTENANCE AND TRIMMING
1. Contractor shall remove Trash and Litter,mow,edge, and trim every 7, 14,21,28, or 42
days during the Mowing Season,as specified in the Work Order.
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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,but to leave a crisp manicured finished appearance.
8. Removal of cut grass from turf areas will not be required, unless otherwise specified by
the Contract Manager.Care shall be taken to prevent discharge of grass clippings onto any
surface, such as streets, curbs, gutters, parking lots, sidewalks, concrete pads, creeks,
lakes,ponds,or adjacent properties.
9. Any materials discharged shall be removed prior to leaving the Project Area.
10. All structures,trees,poles,tables,signs,fences,and shrub beds,are to be trimmed closely,
where applicable. All trimming must be completed on the same day as all mowing
operations. Special care shall be taken when trimming around trees, as to not inflict
damage to the bark of trees.
11. Trim guards should be used on line trimmers when working around trees and ornamental
shrubs.All trimming shall be accomplished maintaining the required Mowing Height.
12. Trimming can be reduced by chemical edging,with prior written approval of the Contract
Manager.
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13. Chemical trimming will not be acceptable for the edging of curbs or concrete sidewalks
or trails. Chemical trimming for the edging to asphalt sidewalks is allowed; however,
edged/treated area shall never extend farther than 4"past the edge of the asphalt sidewalk
and all dead grass/weeds must be removed.
14. All vegetation in cracks, seams, and joints of paved areas such as sidewalks, medians,
curbs, gutters (two (2) feet out from the curb), and driveways shall be cut down to the
pavement surface during the completion of each mowing Cycle,where applicable.
15. Tennis courts and basketball hardstands shall be maintained free of all weeds and
unwanted growth. The use of herbicides to control such growth is permitted, with prior
written approval of the Contract Manager and in accordance with all applicable state laws
and regulations.
16. Dead grass should be removed after any herbicide application.
17. Herbicide application must be in compliance with the State of Texas Structural Pest
Control Board Laws and Regulations or the Texas Department of Agriculture Laws and
Regulations. Contractor, or his/her representative, must have a copy of their pesticide
license on file with the Park and Recreation Department Prior to the use of any herbicide.
18. Contractor will receive Mowing Maps and Work Orders outlining Non-Mow Areas.
Contractor shall be responsible for informing Contractor's agents and employees of Non-
Mow Areas. Contractor shall be responsible for damages to Non-Mow Areas caused by
Contractor's agents or employees.
19. Contractor shall use reasonable care to avoid damaging buildings, equipment (including
but not limited to irrigation heads and valve boxes), or vegetation on City or any other
public or private property.
20. The Contractor shall assess the Project Area to be mowed, prior to starting, and make
necessary adjustments to mowing methods in order to avoid cutting or damaging irrigation
heads.
21. If the Contractor's failure to use reasonable care causes damage to any property, the
Contractor shall replace or repair the damage, within 72 hours of notification, at no
expense to the City. If the Contractor fails or refuses to make such repair or replacement,
the Contractor shall be liable for the cost,which may be deducted from payments made to
the Contractor.
22. Contractors are not to use any motorized equipment between 6 A.M. and 10 A.M. on
Ozone Action Days,unless the equipment uses propane,diesel,or compressed natural gas
as a fuel source,or meets California Air Resources Board(CARB)revision#2 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
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 13 of 26
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clippings and other debris into creeks, lakes, ponds, or the adjoining street or roadway, or against fence
lines. Mowing should be accomplished by discharging grass away from streets, parking lots, or other
roadways. Any grass clippings deposited onto the sidewalk, fence line, gutter, or roadway, must be
removed. Sidewalks,gutters,and roadways must be clean or have the appearance of being swept.
VI. EDGING
Edging of sidewalks,driveways,and curbs, shall be accomplished so that grass and weeds neither
extend over the edge of the walks,trails, drives, or curbs more than '/4 inch,nor cut back from the edge of
walks,trails,drives, or curbs more than 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
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 14 of 26
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the trunk into the cambial layer %2"to 2"in width,but less than 1/3 trunk circumference,
or breaking of limbs less than 2" in diameter, or limbs less than 1/3 trunk caliper,
whichever is less; $300.00 for each instance of moderate damage to the tree(s), which in
the opinion of the City Forester contribute to the poor health and reduced longevity of the
tree, examples include,but are not limited to, scaling of the trunk into the cambial layer
greater than 2" but less than 1/3 of the trunk circumference, or breaking of limbs more
than 2"in diameter but less than 1/3 caliper. Severe damage or removal of trees is subject
to the payment of damages in the amount of$200.00 per diameter inch of trees removed
or damaged for trees less than 30", $400.00 per diameter inch of trees greater than 30".
Severe damage or removal shall include,but is not limited to, scarring of the trunk to the
cambial layer greater than 1/3 trunk circumference, uprooting or causing a tree to lean,
damage to a scaffolding branch greater than 1/3 trunk caliper.Branches shall be measured
at the point of attachment or at the lateral to which the branch would be pruned back
according to the ANSI standards. Trees greater than 6"in caliper shall be measured using
diameter at breast height(DBH). 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.
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2. The Contractor will check fences in the Project Area before contract work begins. Any
damage Contractor discovers shall be documented and reported to the Contract Manager
by the Contractor.
3. The Contract Manager will conduct random checks of the fences during the contract
period.
4. Damages shall be documented by memo to the Contract Manager with a copy to the
contract file and the Contractor.
5. The Contractor may have the option of replacement or payment for severely damaged
fences as determined in cooperation with Risk Management, Contract Manager and the
fence owner.
XII. HAZARDOUS CONDITIONS
The Contractor is required to notify the Contract Manager immediately of any hazardous
conditions and/or damage to City property.
XIII. HARD SURFACE MEDIANS
End caps or traffic islands within or adjacent to the Project Area, which are not specifically
identified in these specifications, shall be deemed to be a part of the Project Area where Contractor shall
perform Services.
XIV. CONCURRENT CONTRACTS
In the event that any one Contractor is awarded contracts for mowing more than one Project Area,
the Contractor shall proceed with work simultaneously in all areas awarded.
XV. SUPERVISION OF WORK CREW
Contractor shall provide supervision of all work crews while performing work under this
Agreement. On-site supervision is not required as long as communication equipment is provided, which
enables the work crew to communicate with a project supervisor at all times.Each work crew shall have a
designated person on the work site that has the authority to respond to inquiries about work details or
priorities.
XVI. STREET USE PERMIT
1. The Contractor will be required to obtain a "Street Use Permit" prior to starting work.
Contact Parkway Services Division: 200 Texas Street, Fort Worth TX 76102 (817) 392-
6594 for inquiries regarding permit.
2. The Contractor shall be responsible for providing traffic control while performing Services
in accordance with this Agreement, consistent with the provisions set forth in the latest
edition of the "Texas Manual on Uniform Traffic Control Devices" and the Texas
Transportation Code.
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3. The Contractor will not remove any regulatory sign, instructional sign, street name sign,
or other sign which has been erected by the City.
XVII. WORK ORDERS
1. A Work Order shall consist of a written document, specifying the type of work,
Contractor's name,Project Area,maintenance Cycle,beginning and end dates,price to be
paid by the City and comments.
2. The Contractor shall not begin work on the Project Area until a Work Order is received
by the Contractor from the City.
3. Failure to obtain a Work Order prior to beginning a maintenance Cycle may result in non-
payment for work performed.
4. Electronic Work Orders — The City may utilize electronic work orders. ALL
CONTRACTORS MUST HAVE THE TECHNOLOGICAL CAPABILITY TO
USE THE CITY'S ELECTRONIC WORK ORDER SYSTEM. Contractors will be
required to have high-speed access to the Internet in order to receive Work Orders
and submit proof of compliance with Work Orders,including photographs of completed
work. Minimum specifications required for electronic Work Orders are:
a. Digital cameras capable of at least 1 mega-pixel with image resolution of 1280
x 1224 that adds date stamp on the face of the picture.
b. A high capacity color printer capable of 200 imprints with map image per day.
C. WIRELESS READY- The ability to accept Work Orders and send completed
Work Orders from a mobile wireless device,laptop, or other similar equipment.
i. Work Orders will be provided to Contractor(s) electronically via the
Internet, and the City will receive completed Work Orders from the
Contractor,with all required documentation,in the same manner.
ii. Contractors will be responsible for ensuring and maintaining
compatibility with the City's system.
iii. The City reserves the right to accept or deny completed Work Orders
that are submitted by any other means.
d. CELL PHONE REQUIREMENTS
i. Contractor shall have an Android or iPhone cellular telephone.
ii. All cellular telephones used for contracted mowing shall have:
a. An active internet and data plan able to support up to 10 gigabytes
of data per month;
b. An Android 8 or IOs 11,or better,operating system;
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C. A camera that can take pictures at 12 megapixels and up; and
d. A storage capacity of 128 gigabits or more.
e. Training— Contractor shall attend mandatory training as scheduled by Contract
Manager for the electronic Work Order system.
XVIII. SCHEDULING
1. SCHEDULES
a. The Contractor shall submit a written Maintenance Schedule for each Project Area
Prior to the end of the first mowing Cycle. The City of Fort Worth has the right
to require the Maintenance Schedule to be submitted electronically, including
through an electronic Work Order system utilized by the City, or by a City
approved cell phone application.
b. Upon approval by the Contract Manager, the Contractor shall comply with the
written Maintenance Schedule throughout the mowing season. The next mowing
Cycle Work Order will not be issued until a new written Maintenance Schedule is
received for the next mowing Cycle in accordance with subsection a.
C. If the Contractor expects to vary from the schedule,the Contractor shall notify the
Contract Manager of the variation in advance and specify an alternate
Maintenance Schedule. Alternate Maintenance Schedules are subject to approval
by the Contract Manager.
2. CHANGES IN SCHEDULES
a. The Contract Manager has the authority to alter, cancel, or reassign to another
Contractor scheduled mowing Cycles on a week-to-week basis. The changes will
be based upon need, weather conditions, and available funding. The Contractor
will be notified by email of such changes.
b. The City reserves the right to perform grounds maintenance operations during
cancelled or altered Cycles.
C. The Contract Manager may change the frequency of grounds maintenance Cycles
based on maintenance needs.
3. COMPLETION SHEETS
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.
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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
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the City,the photographs must be submitted through the electronic Work Order system on
the same day the photographed Project Area was mowed. Uploading Work Order system
photographs at a later date,other than the day it was completed,will not be considered as
evidence for payment.
2. All photographs must be time and date stamped.
3. Inspection reports documenting Incomplete Work or poor performance will have
photographic evidence attached. The Contractor's response will include photos of the
precise location of the corrected work, framed with the same background as the original
inspection photograph.
4. Failure to provide photographic evidence upon request will result in non-payment for the
service location until proper photographic evidence is submitted to the City.
XXI. POINT OF CONTACT
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 CFWMowingAFortWorthTexas.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.
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5. In the event the Contractor accepts the On-Call Mowing work, Contractor will be issued
a Work Order for the On-Call area identifying the work to be performed,the number of
times performance is required and the agreed upon price.
6. No one contractor is granted exclusive rights to On-Call Mowing projects or have first
rights of refusal in the event service is requested again.
7. Contractors cannot fail to perform on their currently contracted mow Cycle in order to
perform On-Call Mowing projects.
8. Should a scheduling conflict arise between the On-Call project and a previously contracted
mow area,contractor must notify Contract Manager immediately and decline the On-Call
project.
XXIII. MEETINGS
Contactor will attend mandatory informational meetings scheduled by Contract Manager to
support City of Fort Worth mowing initiatives.
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EXHIBIT B
CITY OF FORT WORTH BID SOLICITATION(ITB/RFP NO.
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FOR"'T WORTH.,,;
CITY OF FORT WORTH/PURCHASING DIVISION
INVITATION TO BID NO. 19-0032 CENTRAL DISTRICT GROUNDS MAINTENANCE
BID CLOSING DATE: JANUARY 10, 2019
For further information contact: Jeff Cope, Purchasing Supervisor
FAX(817)392-8440; email: FMSPurchasingResponses(&-fortworthtexas.gov
Bids are solicited for furnishing services as 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., January 10, 2019, 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. 19-0032, Central District Grounds Maintenance" 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 rejection 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 10:00 AM, Tuesday December 18, 2018, at the
Purchasing Conference Room, Lower Floor, City Hall, 200 Texas Street, Fort Worth, Texas, 76111.
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
Page 1 of 1
BID SOLICITATION
BID OPENING DATE AND TIME:
1/10/2019 1:30:00 PM
BID NUMBER: 19-0032
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 Central District Ground Maintenance for the Park
and Recreation Department per the attached specifications.The term of
the agreement shall be for a one-year period,with four options to renew
for additional one-year periods.
A pre-bid conference will be held at 10:00 AM,Tuesday December 18,
2018,at the Purchasing Conference Room,Lower Floor,City Hall,200
Texas Street,Fort Worth,Texas,76111.
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 Central District Grounds Maintenance,per attached specifications.Enter 1 EA
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:
19-0032 Central District Grounds Maintenance
Page 2 of 67
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 will be held at 10:00 AM, Tuesday December 18, 2018, at the Purchasing
Conference Room, Lower Floor, City Hall, 200 Texas Street, Fort Worth, Texas, 76111.
4.0 PREPARATION OF BIDS
Each Bidder must furnish all information required by a Solicitation on the documents provided. Bids
submitted on other than the forms included in the Solicitation shall be considered non-responsive.
Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid.
4.1 Taxes: Purchases of Goods or Services for City use are usually exempt from City, State,
and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder
should request a Tax Exemption Certificate from the Purchasing Division. Under no
19-0032 Central District Grounds Maintenance
Page 3 of 67
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.
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,
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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/purchasing/, 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.
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
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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
8.4.11 Award to multiple vendors on a non-exclusive award basis, or primary and
secondary vendors.
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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.tK.us/whatsnew/elf info form1295.htm.
10.0 PROTEST PROCEDURE
10.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process
or the bid award if they believe that there has been any impropriety or unfair criteria in the
process.
10.2 The vendor must submit any protest in writing to the Purchasing Manager within 14 days
after the vendor knows, or should have known, of the facts relating to the proposed action
or award.
10.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a
purchasing action through telephone discussions, mail, email or in person meetings with
the protesting vendor.
10.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision in
writing, state the reasons for the action taken and inform the protesting vendor of the right
to review by a panel made up of City staff.
10.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the
operating department, the Purchasing Manager and any other appropriate personnel or
employees of the operating department.
10.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the
vendor does not agree, the protesting vendor will be invited to attend the City Council
meeting at which the recommended award is to be presented to the City Council and make
known his/her concerns. The protesting vendor will be instructed to arrive prior to the start
of the City Council meeting and complete a card requesting to speak concerning the
particular Mayor and Council Communication document(M&C) in question.
10.6.1 Vendors wishing to speak before the City Council should review the rules for
registering to appear before City Council located at:
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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
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PART-III
SCOPE OF SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City)seeks bids to finalize non-exclusive Agreements for Central
District Ground Maintenance 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,
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.
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
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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.
7.0 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice
to the City.
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
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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 OMITED
14.0 OMITED
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.
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.
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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 5% 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 No performance issues with past contract work 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
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
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19.1.7 Minority/Woman 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 for each section 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 December 12, 2018
Pre-Proposal Conference December 18, 2018 at 10:00 AM (Local Time)
Deadline for Questions December 27, 2018 at 5:00 PM (Local Time)
Answers Posted January 2, 2019
ITB Due Date January 10, 2019 by 1:30 PM (Local Time)
Proposal Evaluations January 11, 2019
Recommended Vendor Selection January 18, 2019
Mayor and Council Consideration February 2019
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 A completed and signed original Conflict of Interest Questionnaire, Attachment A;
20.1.4 A completed Bidder's Contact Information Form, Attachment B;
20.1.5 A completed Consideration of Location of Bidder's Principal Place of Business,
Attachment C, if applicable;
20.1.6 A completed Reference Sheet, Attachment D;
20.1.7 A completed and signed original List of Machinery& Equipment,Attachment G.
20.1.8 A completed and signed original Technology Capability, Attachment H.
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20.1.9 A Completed and singed original Company Information,Attachment I.
20.1.10 A completed and signed original M/WBE Goal, Attachment J.
20.1.11 A completed and signed original Grounds Maintenance Locations Price Sheet,
Attachment K.
20.1.12 All items listed in Section 18.0, Bidder Qualifications;
20.1.13 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 5:00 PM on December 27,
2018 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: FMSPurchasingResponses(aD-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— 19-0032.
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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.
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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
that require the statement to be filed. 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 Date
Adopted 8!7!2015
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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
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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)
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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
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ATTACHMENT — E
City of Fort Worth Bidder Registration Directions
• There are two ways that any business can bid on an event with the City of
Fort Worth
1. Access http://fortworthtexas.goy/purchasing_/ and view listed Bids &
Requests without registering
2. Registering to become a Bidder
To register as a Bidder please follow the below steps:
Step 1 —Access http:Hfortworthtexas.gov/purchasing/
Step 2 — On the right side under PeopleSoft Supplier Portal— Select Log In
Step 3 — Select "Register as a Bidder"
Step 4 —Under Select Activity Below— select Business
Step 5—Under Unique ID & Company Profile - Enter the following:
a) TN Number
b) Entity Name
• Additional Names ( DBA's)
C) Website URL
Step 6 —Under Profile Questions — Complete the following questions by
using the calendar and magnifying glass accordingly for each question.
Step 7—Under Standard Industry Codes— Select the following:
a) SIC Code Type —Use dropdown and select UNSPSC
b) Category Code— Select magnifying glass
c) Lookup Category Code —Under SIC Code Type —
Description change "Begins With" to "Contains"
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** TIP. The search is recommended to use the "contains field", in order to
search all category codes associated with your business.
Step 8—Under Primary Address— Complete the following:
a) Country
b) Address Lines
C) City
d) County
e) Postal
f) State
g) Email ID ( Email Address)
Step 9—Under Other Addresses— Check the correspondent that correspond
to your business
Step 10 —Under Company Contacts— Select the Add Contact, Determiner if
Primary Contact— Enter the following:
a) First Name
b) Last Name
c) Title — Current Job Title
d) Email ID — Email Address
e) Telephone
f) Fax
g) Contact Type
Step 11 - Under User Profile Information — Enter the following
a) Requested User ID — Create a Username
b) Enter Description— Current Job Title
c) Language Code
d) Time Zone
e) Currency Code
Step 12 — Review email address - Under Terms and Conditions— Select the
Terms and Agreement Hyperlink - Select the box to accept the Terms
Step 13 — Click Submit
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ATTACHMENT—F
NO BID SHEET
(Please complete this form, only if, your firm has chosen not to submit a bid)
Jeff Cope, Purchasing Supervisor
Purchasing Division
Fax No. 817-392-8440
E-mail address: FMSPurchasingResponses(a-fortworthtexas.gov
If your firm has chosen not to submit a bid for this procurement, please complete this form and submit to:
City of Fort Worth, Purchasing Division
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: ( )
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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
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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
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ATTACHMENT I — COMPANY INFORMATION
Company's Name:
Company's Corporate Address:
Company's Local Office
Address:
Phone: Fax: Email:
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
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ATTACHMENT J - M/WBE Goal
BUSINESS DIVERSITY ENTERPRISE (BDE) ORDINANCE PROVISION:
The City of Fort Worth implemented the Business Diversity Enterprise (BDE)
Ordinance to reflect the City's availability and disparity study findings. All
proposers shall note that it is the policy of the City to ensure the full and equitable
participation of Minority/Women Business Enterprises (M/WBEs) in the
procurement of services $50,000 or more. This Request for Proposal consists of
an M/WBE goal.
The Minority/Women Business Enterprise (M/WBE) diverse goal is 5%.
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, 2"d, 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 5% 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) 392-2674 or email mwbeofficea_fortworthtexas.gov. This will ensure that
Proposers are acknowledging M/WBE firms currently certified by the North Central
Texas Regional Certification Agency (NCTRCA) or other certifying agencies that
the City may deem appropriate and accepted by the City of Fort Worth at the time
proposals are submitted, in order for the participation to be counted towards the
established diverse goal. The firms must be located in the City's six (6) county
geographic marketplace that includes the counties of: Tarrant, Dallas, Denton,
Johnson, Parker and Wise. Also note if a firm is DBE certified that reflects minority
ownership and meets the criteria's stated, it may count towards the goal.
If an Offeror (regardless of certification status or if a non-D/M/W/MBE), however,
forms a joint venture with one or more M/WBEs, the M/WBE joint venture
percentage participation will be counted towards the established goal. The
appropriate City of Fort Worth Joint Venture form must be submitted for review and
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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.
19-0032 Central District Grounds Maintenance
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FORT WORTH
City of Fort Worth
Minority/Women Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR OFFERORS
APPLICATION OF POLICY
If the total dollar value of the contract is$50,000 or more,then a M/WBE subcontracting goal is applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business
Enterprises (M/WBE) in the procurement of all goods and services. All requirements and regulations stated in the City's
current Business Diversity Enterprise Ordinance applies to this bid.
M/WBE PROJECT GOALS
The City's M/WBE goal on this project is %of the base bid value of the contract.
COMPLIANCE TO BID SPECIFICATIONS
On City contracts$50,000 or more where a M/WBE subcontracting goal is applied, Offerors are required to comply with
the intent of the City's Business Diversity Enterprise Ordinance by one of the following:
1. Meet or exceed the above stated M/WBE goal through M/WBE subcontracting participation, or
2. Meet or exceed the above stated M/WBE goal through M/WBE Joint Venture participation,or;
3. Good Faith Effort documentation,or;
4. Prime Waiver documentation.
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Purchasing Division, within the following times allocated, in order
for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the M/WBE documentation
in person to the appropriate employee of the purchasing division and obtain a date/time receipt. Such receipt shall be
evidence that the City received the documentation in the time allocated. A faxed and/or emailed copy will not be
accepted.
1. Subcontractor Utilization Form, if goal is received no later than 2:00 p.m., on the second City business day
met or exceeded: after the bid opening date, exclusive of the bid opening date.
2. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day
Utilization Form, if participation is less than after the bid opening date, exclusive of the bid opening date.
stated goal:
3. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day
Utilization Form, if no MBE participation: after the bid opening date, exclusive of the bid opening date.
4. Prime Contractor Waiver Form, if you will received no later than 2:00 p.m., on the second City business day
perform all subcontracting/supplier work: after the bid opening date, exclusive of the bid opening date.
5. Joint Venture Form, if goal is met or received no later than 2:00 p.m., on the second City business day
exceeded: after the bid opening date, exclusive of the bid opening date.
FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE, WILL RESULT IN
THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS.
FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED
NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A
PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICATION
PERIOD OF THREE YEARS.
Any questions, please contact the M/WBE Office at(817)212-2674.
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FORT WORTH City of Fort Worth
Minority/Women Business Enterprise
M/WBE Subcontractors/Suppliers Utilization Form
OFFEROR COMPANY NAME: Check applicable block to describe
Offeror
PROJECT NAME: F1 NON-MM//DBE
BID DATE
City's MMBE Project Goal: Offeror's MMBE Project Commitment: PROJECT NUMBER
Identify all subcontractors/suppliers you will use on this project
Failure to complete this form, in its entirety with requested documentation, and received by the Purchasing
Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date,
will result in the bid being considered non-responsive to bid specifications.
The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization
schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing
misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being
considered non-responsive to bid specifications.
MMBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time
of bid or the business has a Significant Business Presence in the Marketplace. Marketplace is the geographic
area of Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties.
Prime contractors must identify by tier level of all subcontractors/suppliers. Tier: means the level of
subcontracting below the prime contractor/consultant i.e. a direct payment from the prime contractor to a
subcontractor is considered 1St tier, a payment by a subcontractor to its supplier is considered 2nd tier. The prime
contractor is responsible to provide proof of payment of all tiered subcontractors identified as a M/WBE and
counting those dollars towards meeting the contract committed goal.
ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority
business enterprise by the North Central Texas Regional Certification Agency(NCTRCA) or other certifying agencies that
the City may deem appropriate and accepted by the City of Fort Worth.
If hauling services are utilized, the Offeror will be given credit as long as the M/WBE listed owns and
operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease
trucks from another M/WBE firm, including M/WBE owner-operated, and receive full M/WBE credit. The
M/WBE may lease trucks from non-M/WBEs, including owner-operated, but will only receive credit for the
fees and commissions earned by the M/WBE as outlined in the lease agreement.
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FORTWORTH
Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. M/WBE
firms are to be listed first, use additional sheets if necessary. Please note that only certified M/WBEs will be counted to meet an M/WBE
goal.
NCTRCA N
SUBCONTRACTOR/SUPPLIER °
Company Name T n Detail Detail
Address i AA Subcontracting Supplies Dollar Amount
Telephone/Fax e B B WY Work Purchased
Email r E E B
Contact Person E
El
El
El
El
El
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Foxe
Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs. MNVBE firms
are to be listed first, use additional sheets if necessary. Please note that only certified M/WBEs will be counted to meet an M/WBE goal.
NCTRCA N
SUBCONTRACTOR/SUPPLIER °
Company Name T n Detail Detail
Address i Subcontracting Supplies
M W M Dollar Amount
Telephone/Fax e B B WY Work Purchased
Email r E E B
Contact Person E
El
El
El
E
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FoR_�H
Total Dollar Amount of M/WBE Subcontractors/Suppliers $
Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $
The Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the
Minority and Women Business Enterprise Office through the submittal of a Request for Approval o
ChangelAddition form. Any unjustified change or deletion shall be a material breach of contract and may result
in debarment in accord with the procedures outlined in the ordinance. The Offeror shall submit a detailed
explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail
explanation is not submitted, it will affect the final compliance determination.
By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request,
complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s)
and any special arrangements with M/WBEs. The Offeror also agrees to allow an audit and/or examination of
any books, records and files held by their company. The Offeror agrees to allow the transmission of interviews
with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract
that will substantiate the actual work performed by the M/WBE(s) on this contract, by an authorized officer or
employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating
the contract or debarment from City work for a period of not less than three (3) years and for initiating action
under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance
creates a material breach of the contract and may result in a determination of an irresponsible Offeror and
debarment from participating in City work for a period of time not less than one (1) year.
Authorized Signature Printed Signature
Title Contact Name/Title(if different)
Company Name Telephone and/or Fax
Address E-mail Address
City/State/Zip Date
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FORT WORTH
City of Fort Worth
Minority/Women Business Enterprise Specifications
Prime Contractor Waiver Form
OFFEROR COMPANY NAME: Check applicable block to describe prime
PROJECT NAME: MM/DBE NON-MM/DBE
BID DATE
City's M/WBE Project Goal: Offeror's M/WBE Project Commitment: PROJECT NUMBER
% %
If both answers to this form are YES, do not complete ATTACHMENT 1C (Good Faith Effort Form). All questions on
this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is
NO, then you must complete ATTACHMENT 1 C. This form is only applicable if both answers are yes.
Failure to complete this form in its entirety and be received by the Purchasing Division no later than 2:00
p.m., on the second City business day after bid opening, exclusive of the bid opening date,will result in
the bid being considered non-responsive to bid specifications.
Will you perform this entire contract without subcontractors? YES
If yes, please provide a detailed explanation that proves based on the size and scope of this NO
project, this is your normal business practice and provide an operational profile of your business.
Will you perform this entire contract without suppliers? YES
If yes, please provide a detailed explanation that proves based on the size and scope of this
project, this is your normal business practice and provide an inventory profile of your business. NO
The Offeror further agrees to provide, directly to the City upon request, complete and accurate information
regarding actual work performed by all subcontractors, including MNVBE(s) on this contract, the payment thereof
and any proposed changes to the original MNVBE(s) arrangements submitted with this bid. The Offeror also
agrees to allow an audit and/or examination of any books, records and files held by their company that will
substantiate the actual work performed by the MNVBEs on this contract, by an authorized officer or employee of
the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or
debarment from City work for a period of not less than three (3)years and for initiating action under Federal, State
or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of
contract and may result in a determination of an irresponsible Offeror and barred from participating in City work for
a period of time not less than one (1)year.
Authorized Signature Printed Signature
Title Contact Name(if different)
Company Name Phone Number Fax Number
Address Email Address
City/State/Zip Date
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FORT WORTH City of Fort Worth
Minority/Women Business Enterprise
M/WBE Good Faith Effort Form
OFFEROR COMPANY NAME: Check applicable block to describe
Offeror
PROJECT NAME: MM//DBE
BID DATE
City's M/WBE Project Goal: Offeror's M/WBE Project Commitment: PROJECT NUMBER
%
If the Offeror did not meet or exceed the MMBE subcontracting goal for this project, the Offeror must complete this
form.
If the Offeror's method of compliance with the M/WBE goal is based upon demonstration of a
"good faith effort", the Offeror will have the burden of correctly and accurately preparing and
submitting the documentation required by the City. Compliance with each item, 1 thru 11 below,
shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing
misrepresentation of the facts or intentional discrimination by the Offeror.
Failure to complete this form, in its entirety with supporting documentation, and received by the
Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive
of bid opening date,will result in the bid being considered non-responsive to bid specifications.
1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this
project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES
OF FIRMS) On all projects, the Offeror must list each subcontracting and or supplier opportunity
regardless of tier.
(Use additional sheets, if necessary)
List of Subcontracting Opportunities List of Supplier Opportunities
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2.) Obtain a current(not more than two (2) months old from the bid open date) list of M/WBE
subcontractors and/or suppliers from the City's M/WBE Office.
Yes Date of Listing
No
3.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are
opened?
Yes (If yes,attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.)
No
4.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are
opened?
Yes (If yes,attach list to include name of M/WBE firm,oerson contacted,phone number and date and time of contact.)
No
5.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by facsimile (fax), exclusive of the day the bids
are opened?
Yes (If yes,attach list to include name of M/WBE firm,fax number and date and time of contact. In addition,if the fax is
returned as undeliverable,then that"undeliverable confirmation"received must be printed directly from the
facsimile for proper documentation. Failure to submit confirmation and/or"undeliverable confirmation"
documentation may render the GFE non-responsive.)
No
6.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by email, exclusive of the day the bids are
opened?
Yes (If yes,attach email confirmation to include name of M/WBE firm,date and time.In addition,if an email is
returned as undeliverable,then that"undeliverable message"receipt must be printed directly from the email
system for proper documentation. Failure to submit confirmation and/or"undeliverable message"
documentation may render the GFE non-responsive.)
No
NOTE: The four methods identified above are acceptable for soliciting bids, and each selected method
must be applied to the applicable contract. The Offeror must document that either at least two attempts
were made using two of the four methods or that at least one successful contact was made using one of
the four methods in order to be deemed responsive to the Good Faith Effort requirement.
NOTE: The Offeror must contact the entire M/WBE list specific to each subcontracting and supplier
opportunity to be in compliance with questions 3 through 6.
7.) Did you provide plans and specifications to potential M/WBEs?
Yes
No
8.) Did you provide the information regarding the location of plans and specifications in order to assist
the MMBEs?
Yes
No
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9.) Did you prepare a quotation for the M/WBEs to bid on goods/services specific to their skill set?
Yes (If yes,attach all copies of quotations.)
No
10.) Was the contact information on any of the listings not valid?
Yes (If yes,attach the information that was not valid in order for the M/WBE Office to address the corrections
needed.)
No
11.)Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in
the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any
supporting documentation the Offeror wishes to be considered by the City. In the event of a bona fide
dispute concerning quotes, the Offeror will provide for confidential in-camera access to an inspection
of any relevant documentation by City personnel.
Please use additional sheets,if necessary,and attach.
Company Name Telephone Contact Person Scope of Work Reason for Rejection
ADDITIONAL INFORMATION:
Please provide additional information you feel will further explain your good and honest efforts to obtain
M/WBE participation on this project.
The Offeror further agrees to provide, directly to the City upon request, complete and
accurate information regarding actual work performed on this contract, the payment
thereof and any proposed changes to the original arrangements submitted with this bid.
The Offeror also agrees to allow an audit and/or examination of any books, records and
files held by their company that will substantiate the actual work performed on this
contract, by an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for
terminating the contract or debarment from City work for a period of not less than three
(3) years and for initiating action under Federal, State or Local laws concerning false
statements. Any failure to comply with this ordinance shall create a material breach of
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contract and may result in a determination of an irresponsible Offeror and debarment
from participating in City work for a period of time not less than one (1) year.
The undersigned certifies that the information provided and the M/WBE(s) listed
was/were contacted in good faith. It is understood that any M/WBE(s) listed in
Attachment 1C will be contacted and the reasons for not using them will be verified by
the City's M/WBE Office.
Authorized Signature Printed Signature
Title Contact Name and Title(if different)
Company Name Phone Number Fax Number
Address Email Address
City/State/Zip Date
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FORT WORTH
CITY OF FORT WORTH
NMBE Joint Venture Eligibility Form
All questions must be answered;use"N/A"if not applicable.
Name of City project:
A joint venture form must be completed on each project
RFP/Bid/Purchasing Number:
1.Joint venture information:
Joint Venture Name:
Joint Venture Address:
(If applicable)
Telephone: Facsimile: E-mail address:
Cellular:
Identify the firms that comprise the joint venture:
Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the
joint venture
M/WBE firm Non-M/WBE
name: firm name:
Business Address: Business Address:
City,State,Zip: City,State,Zip:
Telephone Facsimile E-mail Telephone Facsimile
Cellular Cellular
Certification Status: E-mail address
Name of Certifying Agency:
2. Scope of work performed by the Joint Venture:
Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE:
19-0032 Central District Grounds Maintenance
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3.What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward
meeting the project goal?
4.Attach a copy of the joint venture agreement.
5.List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement)
Profit and loss sharing:
Capital contributions,including
equipment:
Other applicable ownership interests:
6.Identify by name,race,sex and firm those individuals(with titles)who are responsible for the day-to-day
management and decision making of the joint venture:
Financial decisions
(to include Account Payable and Receivable):
Management decisions:
a. Estimating
---------------------------------------------------------------
b. Marketing and Sales
---------------------------------------------------------------
c. Hiring and Firing of management
personnel
---------------------------------------------------------------
d. Purchasing of major equipment
and/or supplies
Supervision of field operations
The City's Minority and Women Business Enterprise Office will review your joint venture submission and
will have final approval of the MBE percentage applied toward the goal for the project listed on this form.
NOTE:
From and after the date of project award, if any of the participants, the individually defined scopes of work or
the dollar amounts/percentages change from the originally approved information, then the participants must
inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a
material breach of contract and may result in debarment in accord with the procedures outlined in the City's
BDE Ordinance.
19-0032 Central District Grounds Maintenance
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AFFIDAVIT
The undersigned affirms that the foregoing statements are true and correct and include all material information
necessary to identify and explain the terms and operation of the joint venture. Furthermore,the undersigned shall
agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments
herein.
The City also reserves the right to request any additional information deemed necessary to determine if the joint
venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds
for termination of the eligibility process.
The undersigned agree to permit audits, interviews with owners and examination of the books,records and files
of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this
provision shall result in the termination of any contract, which may be awarded under the provisions of this joint
venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false
statements or willful misrepresentation of facts.
--------------------i4f--------------------------------------------------------------------------------------arne---non----------------------------------------------------------------------------------------
Name of M/WBE firm Name of non-M/WBE firm
Printed Name of Owner Printed Name of Owner
Signature of Owner Signature of Owner
Printed Name of Owner Printed Name of Owner
Signature of Owner Signature of Owner
Title Title
Date Date
Notarization
State of County of
On this day of ,20 ,before me appeared
and
to me personally known and who,being duly sworn, did execute the foregoing affidavit and did state that they were
properly authorized to execute this affidavit and did so as their free act and deed.
Notary Public
Print Name
Notary Public
Signature
Commission Expires (seal)
19-0032 Central District Grounds Maintenance
Page 40 of 67
ATTACHMENT— L
DETAILED SCOPE OF SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 See attached Non-Exclusive Mowing and Grounds Maintenance Services Agreement,
Attachment N.
1.2 See Attached Central District Maps,Attachment M.
2.0 PRE-BID CONFERENCE-A pre-bid conference will be held at 10:00 AM, Tuesday December
18, 2018, at the Purchasing Conference Room, Lower Floor, City Hall, 200 Texas Street, Fort
Worth, Texas, 76111.
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.
19-0032 Central District Grounds Maintenance
Page 41 of 67
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Attachment N-Non-Exclusive Mowing and Grounds Maintenance Services Agreement
NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES AGREEMENT
THIS NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES
AGREEMENT("Agreement")is made and entered into by and between the CITY OF FORT WORTH
("City"),a home-rule municipal corporation of the State of Texas,acting by and through its duly authorized
representative, and , a Texas (enter entity type), acting by and through its duly
authorized representative("Contractor").
WHEREAS, City, through its Park and Recreation Department ("Park Department"), contracts
for mowing and grounds maintenance services within the City;
WHEREAS,through(ITB/RFP No. the City solicited bids to award non-exclusive services
agreements to multiple bidders for mowing and grounds maintenance services on an as-needed basis in the
City with an aggregate amount of for contracts awarded to the successful bidders;
WHEREAS, Contractor was one of the successful bidders awarded a contract to provide non-
exclusive mowing and grounds maintenance services to the City;
WHEREAS,City and Contractor wish to set out terms of Contractor's non-exclusive mowing and
grounds maintenance services;
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Agreement, City and Contractor hereby agree as follows:
SECTION 1
CONTRACT DOCUMENTS
The contract documents shall include the following:
1. This Non-Exclusive Mowing and Grounds Maintenance Services Agreement
2. Exhibit A—Contract Specifications
3. Exhibit B—City of Fort Worth Bid Solicitation(ITB/RFP No. )
4. Exhibit C—Contractor's Response to City of Fort Worth ITB/RFP No.
5. Exhibit D—Insurance
All Exhibits attached hereto are incorporated herein and are made a part of this Agreement for all
purposes.In the event of any conflict between the Exhibits and the terms and conditions of this Agreement,
this Agreement shall control.
SECTION 2
SCOPE OF WORK
2.1 Contractor shall provide mowing and grounds maintenance services ("Services") to the
City in accordance with the Contract Specifications set forth in Exhibit A, which is attached hereto and
incorporated herein for all purposes.
2.2 Contractor understands and agrees that the City will award non-exclusive purchase
agreements to multiple bidders for mowing and grounds maintenance services as outlined in City of Fort
Worth Bid Solicitation(ITB/RFP No. ),which is attached hereto as Exhibit B,and incorporated
herein for all purposes. Contractor further understands that the aggregate amount of all contracts awarded
to multiple contractors under(ITB.RFP No. ) shall be in the amount of and
19-0032 Central District Grounds Maintenance
Page 42 of 67
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 Proj ect 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
CFWMowingAFortWorthTexas.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 21st day after the date the City receive the invoice.
SECTION 5
LIABILITY AND INDEMNIFICATION
19-0032 Central District Grounds Maintenance
Page 43 of 67
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.
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.
19-0032 Central District Grounds Maintenance
Page 44 of 67
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.
19-0032 Central District Grounds Maintenance
Page 45 of 67
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
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 party hereto.
SECTION 11
NONDISCRIMINATION
11.1 Contractor shall not engage in any unlawful discrimination based on race, creed, color,
national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any
other prohibited criteria in any employment decisions relating to this Agreement,and Contractor represents
and warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall
comply with all applicable laws and regulations in any employment decisions.
SECTION 12
VENUE AND CHOICE OF LAW
12.1 Contractor and City agree that this Agreement shall be construed in accordance with the
laws of the State of Texas. If any action,whether real or asserted, at law or in equity, arises on the basis
of any provision of this Agreement,venue for such action shall lie in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas—Fort Worth Division.
SECTION 13
THIRD-PARTY RIGHTS AND ASSIGNMENTS
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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
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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.
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
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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: (l) does not boycott Israel;and(2) will not boycott Israel during the term of the contract.
SECTION 23
IMMIGRATION NATIONALITY ACT
23.1 Contractor shall verify the identity and employment eligibility of its employees who
perform work under this Agreement, including completing the Employment Eligibility Verification Form
(1-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement. Contractor shall
adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no
services will be performed by any Contractor employee who is not legally eligible to perform such services.
CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY
PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this
Agreement for violations of this provision by Contractor.
(SIGNATURES ON FOLLOWING PAGE)
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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:
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EXHIBIT A
CONTRACT SPECIFICATIONS
I. SCOPE OF WORK
The Services shall consist of specific grounds maintenance activities at specified parks,
community centers, boulevards, medians, traffic islands, and other City properties within each
Project Area, as required by an established Maintenance Schedule. The Contractor is responsible
for mowing all areas, removing all trash and litter from each Project Area, edging all curbs and
sidewalks, and trimming all turf along pavement (including expansion cracks extending two (2)
feet onto the pavement, curbs, on or around signs, posts, guard rails, sidewalks, and other
obstacles).
II. DEFINITIONS
The Following terms as used in this Agreement shall have the meanings assigned to them:
1. Call Back. —When a Contractor is requested to return to a Project Area to correct
Incomplete Work.
2. Chemical Trimming — The use of an herbicide (such as Roundup and/or an
approved equal containing a pre-emergent, such as Surf LAN or an approved
equal) as an alternative to the physical removal or cutting of plant material from
areas to be trimmed.
3. Clumped Grass Cuttings — Any accumulation of cut grass that, on the day of
mowing,exceeds six(6)inches in height. These clumps are typically found in areas
where mowing equipment has turned, reversing directions.
4. Contract Manager — The duly authorized representative of the Park and Recreation
Department,who shall monitor the Contractor's performance.
5. Cycle — Each time period in the mowing schedule for the mowing season. Each
time period is defined by a beginning and ending date, during which all prescribed
maintenance activities for each Project Area shall be completed.
6. Inclement Weather—Any rainy/wet weather, or when the condition of the soil is
such that the rutting of property will occur and cutting of grass cannot be
accomplished safely or in a manner that will not rut up or cause any damage to the
turf.
7. Incomplete Work—The failure of Contractor to perform the Services in accordance
with this Agreement.
8. Maintenance Schedule — The time periods established by the City for the mowing
season within which all prescribed maintenance activities for each area shall be
completed.
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9. Mowing Height— The setting of mowing equipment to cut grass to a height of two (2)
inches for project areas designated for 7- or 14- day mowing Cycles, to a height of three
(3)inches for project areas designated for 21-,or more,day mowing Cycles,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 1 st through October 31st (Ozone
Season) of each year when ozone levels are critical. These days are determined by
the Texas Natural Resource Conservation Commission and are announced via
television, radio, and TX DOT highway information boards.
14. Project Area—The specific geographic area(s)of the City designated to receive specific
grounds maintenance services.
15. Trash and Litter—Any debris within a Project Area including, but not limited to, paper,
plastic,cans,bottles(including broken glass),cardboard,rags,bottle tops,tires,limbs and
branches 4 inches or smaller in diameter, rocks, and other similar solid materials and
foreign debris which is not intended to be present as part of the landscape.This is inclusive
of the entire Project Area, including streets, sidewalks, curbs, hillsides, ditches, creeks,
etc. In accordance with City Ordinance, garage sale signs found in median areas are also
considered Trash and Litter.
III. EQUIPMENT
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 to leave a crisp manicured finished appearance.
4. Contractor shall not store equipment on property owned by the City. Contractor shall
remove all equipment from each Project Area immediately after completing the mowing
and grounds maintenance.
IV. GROUNDS MAINTENANCE AND TRIMMING
1. Contractor shall remove Trash and Litter,mow,edge, and trim every 7, 14,21,28, or 42
days during the Mowing Season,as specified in the Work Order.
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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,but to leave a crisp manicured finished annearance..
8. Removal of cut grass from turf areas will not be required, unless otherwise specified by
the Contract Manager.Care shall be taken to prevent discharge of grass clippings onto any
surface, such as streets, curbs, gutters, parking lots, sidewalks, concrete pads, creeks,
lakes,ponds,or adjacent properties.
9. Any materials discharged shall be removed prior to leaving the Project Area.
10. All structures,trees,poles,tables,signs,fences,and shrub beds,are to be trimmed closely,
where applicable. All trimming must be completed on the same day as all mowing
operations. Special care shall be taken when trimming around trees, as to not inflict
damage to the bark of trees.
11. Trim guards should be used on line trimmers when working around trees and ornamental
shrubs.All trimming shall be accomplished maintaining the required Mowing Height.
12. Trimming can be reduced by chemical edging,with prior written approval of the Contract
Manager.
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13. Chemical trimming will not be acceptable for the edging of curbs or concrete sidewalks
or trails. Chemical trimming for the edging to asphalt sidewalks is allowed; however,
edged/treated area shall never extend farther than 4"past the edge of the asphalt sidewalk
and all dead grass/weeds must be removed.
14. All vegetation in cracks, seams, and joints of paved areas such as sidewalks, medians,
curbs, gutters (two (2) feet out from the curb), and driveways shall be cut down to the
pavement surface during the completion of each mowing Cycle,where applicable.
15. Tennis courts and basketball hardstands shall be maintained free of all weeds and
unwanted growth. The use of herbicides to control such growth is permitted, with prior
written approval of the Contract Manager and in accordance with all applicable state laws
and regulations.
16. Dead grass should be removed after any herbicide application.
17. Herbicide application must be in compliance with the State of Texas Structural Pest
Control Board Laws and Regulations or the Texas Department of Agriculture Laws and
Regulations. Contractor, or his/her representative, must have a copy of their pesticide
license on file with the Park and Recreation Department Prior to the use of any herbicide.
18. Contractor will receive Mowing Maps and Work Orders outlining Non-Mow Areas.
Contractor shall be responsible for informing Contractor's agents and employees of Non-
Mow Areas. Contractor shall be responsible for damages to Non-Mow Areas caused by
Contractor's agents or employees.
19. Contractor shall use reasonable care to avoid damaging buildings, equipment (including
but not limited to irrigation heads and valve boxes), or vegetation on City or any other
public or private property.
20. The Contractor shall assess the Project Area to be mowed, prior to starting, and make
necessary adjustments to mowing methods in order to avoid cutting or damaging irrigation
heads.
21. If the Contractor's failure to use reasonable care causes damage to any property, the
Contractor shall replace or repair the damage, within 72 hours of notification, at no
expense to the City. If the Contractor fails or refuses to make such repair or replacement,
the Contractor shall be liable for the cost,which may be deducted from payments made to
the Contractor.
22. Contractors are not to use any motorized equipment between 6 A.M. and 10 A.M. on
Ozone Action Days,unless the equipment uses propane,diesel,or compressed natural gas
as a fuel source,or meets California Air Resources Board(CARB)revision#2 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
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clippings and other debris into creeks, lakes, ponds, or the adjoining street or roadway, or against fence
lines. Mowing should be accomplished by discharging grass away from streets, parking lots, or other
roadways. Any grass clippings deposited onto the sidewalk, fence line, gutter, or roadway, must be
removed. Sidewalks,gutters,and roadways must be clean or have the appearance of being swept.
VI. EDGING
Edging of sidewalks,driveways,and curbs, shall be accomplished so that grass and weeds neither
extend over the edge of the walks,trails, drives, or curbs more than '/4 inch,nor cut back from the edge of
walks,trails,drives, or curbs more than 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
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the trunk into the cambial layer %2"to 2"in width,but less than 1/3 trunk circumference,
or breaking of limbs less than 2" in diameter, or limbs less than 1/3 trunk caliper,
whichever is less; $300.00 for each instance of moderate damage to the tree(s), which in
the opinion of the City Forester contribute to the poor health and reduced longevity of the
tree, examples include,but are not limited to, scaling of the trunk into the cambial layer
greater than 2" but less than 1/3 of the trunk circumference, or breaking of limbs more
than 2"in diameter but less than 1/3 caliper. Severe damage or removal of trees is subject
to the payment of damages in the amount of$200.00 per diameter inch of trees removed
or damaged for trees less than 30", $400.00 per diameter inch of trees greater than 30".
Severe damage or removal shall include,but is not limited to, scarring of the trunk to the
cambial layer greater than 1/3 trunk circumference, uprooting or causing a tree to lean,
damage to a scaffolding branch greater than 1/3 trunk caliper.Branches shall be measured
at the point of attachment or at the lateral to which the branch would be pruned back
according to the ANSI standards. Trees greater than 6"in caliper shall be measured using
diameter at breast height(DBH). 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.
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2. The Contractor will check fences in the Project Area before contract work begins. Any
damage Contractor discovers shall be documented and reported to the Contract Manager
by the Contractor.
3. The Contract Manager will conduct random checks of the fences during the contract
period.
4. Damages shall be documented by memo to the Contract Manager with a copy to the
contract file and the Contractor.
5. The Contractor may have the option of replacement or payment for severely damaged
fences as determined in cooperation with Risk Management, Contract Manager and the
fence owner.
XII. HAZARDOUS CONDITIONS
The Contractor is required to notify the Contract Manager immediately of any hazardous
conditions and/or damage to City property.
XIII. HARD SURFACE MEDIANS
End caps or traffic islands within or adjacent to the Project Area, which are not specifically
identified in these specifications, shall be deemed to be a part of the Project Area where Contractor shall
perform Services.
XIV. CONCURRENT CONTRACTS
In the event that any one Contractor is awarded contracts for mowing more than one Project Area,
the Contractor shall proceed with work simultaneously in all areas awarded.
XV. SUPERVISION OF WORK CREW
Contractor shall provide supervision of all work crews while performing work under this
Agreement. On-site supervision is not required as long as communication equipment is provided, which
enables the work crew to communicate with a project supervisor at all times.Each work crew shall have a
designated person on the work site that has the authority to respond to inquiries about work details or
priorities.
XVI. STREET USE PERMIT
1. The Contractor will be required to obtain a "Street Use Permit" prior to starting work.
Contact Parkway Services Division: 200 Texas Street, Fort Worth TX 76102 (817) 392-
6594 for inquiries regarding permit.
2. The Contractor shall be responsible for providing traffic control while performing Services
in accordance with this Agreement, consistent with the provisions set forth in the latest
edition of the "Texas Manual on Uniform Traffic Control Devices" and the Texas
Transportation Code.
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3. The Contractor will not remove any regulatory sign, instructional sign, street name sign,
or other sign which has been erected by the City.
XVII. WORK ORDERS
1. A Work Order shall consist of a written document, specifying the type of work,
Contractor's name,Project Area,maintenance Cycle,beginning and end dates,price to be
paid by the City and comments.
2. The Contractor shall not begin work on the Project Area until a Work Order is received
by the Contractor from the City.
3. Failure to obtain a Work Order prior to beginning a maintenance Cycle may result in non-
payment for work performed.
4. Electronic Work Orders — The City may utilize electronic work orders. ALL
CONTRACTORS MUST HAVE THE TECHNOLOGICAL CAPABILITY TO
USE THE CITY'S ELECTRONIC WORK ORDER SYSTEM. Contractors will be
required to have high-speed access to the Internet in order to receive Work Orders
and submit proof of compliance with Work Orders,including photographs of completed
work. Minimum specifications required for electronic Work Orders are:
a. Digital cameras capable of at least 1 mega-pixel with image resolution of 1280
x 1224 that adds date stamp on the face of the picture.
b. A high capacity color printer capable of 200 imprints with map image per day.
C. WIRELESS READY- The ability to accept Work Orders and send completed
Work Orders from a mobile wireless device,laptop, or other similar equipment.
i. Work Orders will be provided to Contractor(s) electronically via the
Internet, and the City will receive completed Work Orders from the
Contractor,with all required documentation,in the same manner.
ii. Contractors will be responsible for ensuring and maintaining
compatibility with the City's system.
iii. The City reserves the right to accept or deny completed Work Orders
that are submitted by any other means.
d. CELL PHONE REQUIREMENTS
i. Contractor shall have an Android or iPhone cellular telephone.
ii. All cellular telephones used for contracted mowing shall have:
a. An active internet and data plan able to support up to 10 gigabytes
of data per month;
b. An Android 8 or IOs 11,or better,operating system;
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C. A camera that can take pictures at 12 megapixels and up; and
d. A storage capacity of 128 gigabits or more.
e. Training— Contractor shall attend mandatory training as scheduled by Contract
Manager for the electronic Work Order system.
XVIII. SCHEDULING
1. SCHEDULES
a. The Contractor shall submit a written Maintenance Schedule for each Project Area
Prior to the end of the first mowing Cycle. The City of Fort Worth has the right
to require the Maintenance Schedule to be submitted electronically, including
through an electronic Work Order system utilized by the City, or by a City
approved cell phone application.
b. Upon approval by the Contract Manager, the Contractor shall comply with the
written Maintenance Schedule throughout the mowing season. The next mowing
Cycle Work Order will not be issued until a new written Maintenance Schedule is
received for the next mowing Cycle in accordance with subsection a.
C. If the Contractor expects to vary from the schedule,the Contractor shall notify the
Contract Manager of the variation in advance and specify an alternate
Maintenance Schedule. Alternate Maintenance Schedules are subject to approval
by the Contract Manager.
2. CHANGES IN SCHEDULES
a. The Contract Manager has the authority to alter, cancel, or reassign to another
Contractor scheduled mowing Cycles on a week-to-week basis. The changes will
be based upon need, weather conditions, and available funding. The Contractor
will be notified by email of such changes.
b. The City reserves the right to perform grounds maintenance operations during
cancelled or altered Cycles.
C. The Contract Manager may change the frequency of grounds maintenance Cycles
based on maintenance needs.
3. COMPLETION SHEETS
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.
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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
19-0032 Central District Grounds Maintenance
Page 60 of 67
the City,the photographs must be submitted through the electronic Work Order system on
the same day the photographed Project Area was mowed. Uploading Work Order system
photographs at a later date,other than the day it was completed,will not be considered as
evidence for payment.
2. All photographs must be time and date stamped.
3. Inspection reports documenting Incomplete Work or poor performance will have
photographic evidence attached. The Contractor's response will include photos of the
precise location of the corrected work, framed with the same background as the original
inspection photograph.
4. Failure to provide photographic evidence upon request will result in non-payment for the
service location until proper photographic evidence is submitted to the City.
XXI. POINT OF CONTACT
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 CFWMowingAFortWorthTexas.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.
19-0032 Central District Grounds Maintenance
Page 61 of 67
5. In the event the Contractor accepts the On-Call Mowing work, Contractor will be issued
a Work Order for the On-Call area identifying the work to be performed,the number of
times performance is required and the agreed upon price.
6. No one contractor is granted exclusive rights to On-Call Mowing projects or have first
rights of refusal in the event service is requested again.
7. Contractors cannot fail to perform on their currently contracted mow Cycle in order to
perform On-Call Mowing projects.
8. Should a scheduling conflict arise between the On-Call project and a previously contracted
mow area,contractor must notify Contract Manager immediately and decline the On-Call
project.
XXIII. MEETINGS
Contactor will attend mandatory informational meetings scheduled by Contract Manager to
support City of Fort Worth mowing initiatives.
19-0032 Central District Grounds Maintenance
Page 62 of 67
EXHIBIT B
CITY OF FORT WORTH BID SOLICITATION(ITB/RFP NO.
19-0032 Central District Grounds Maintenance
Page 63 of 67
EXHIBIT C
CONTRACTOR'S RESPONSE TO CITY OF FORT WORTH ITB/RFP NO.
19-0032 Central District Grounds Maintenance
Page 64 of 67
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.
19-0032 Central District Grounds Maintenance
Page 65 of 67
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.
19-0032 Central District Grounds Maintenance
Page 66 of 67
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.
19-0032 Central District Grounds Maintenance
Page 67 of 67
FO RT O RT cy�
ADDENDUM TO INVITATION TO BID NO. 19-0032
CENTRAL DISTRICT GROUNDS MAINTENANCE
CITY OF FORT WORTH
PURCHASING DIVISION
ADDENDUM NO. 1 DATE ISSUED: January 3, 2019
INVITATION TO BID NUMBER(ITB): 19-0032
BID OPENING DATE: January 10, 2019 (UNCHANGED)
ITB No. 19-0032, issued December 12, 2018, is hereby amended as follows:
Questions and Answers received via email are hereby incorporated.
Q1. Will a bid or performance bond be required for the Central District Ground Maintenance?
Al. No, a bid or performance bond will not be required for the Central District Ground Maintenance?
All other terms and conditions remain unchanged.
CynthiaCG�a
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 original bid documents. Failure to
return this form with your sealed bid may constitute grounds for rejection of your offer.
EXHIBIT C
CONTRACTOR'S RESPONSE TO CITY OF FORT WORTH ITB/RFP NO.
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 23 of 26
Rev.11/18
FORTWORTH.
CITY OF FORT WORTH!PURCHASING DIVISION
INVITATION TO BID NO. 19.0032 CENTRAL DISTRICT GROUNDS MAINTENANCE
BID CLOSING DATE: JANUARY 10, 2019
For further information contact: Jeff Cope, Purchasing Supervisor
FAX(817)392-8440; email: FMSPurehasinciResponses@fortworthtexas.gov
Bids are solicited for furnishing services as 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 9:30 P.M. January 10 2019 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 deliveredto the following
address:
City of Fort Worth, Purchasing Division,
Lower Level, City Hail, 200 Texas Street, Fort Worth,Texas 78102
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. 99-0032, Central District Grounds Maintenance" 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 scopelspecifications 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 re'ection of your bid.
Company Name and Address: F7`2 � I �
S '��1 Federal fQ Number{TIN}:
L
Company's Authorized Agent Name and Title
Signature: Date: Telephone Number: i
Email address: LAY i—M 06 , (two Fax Number:
Cooperative Purchasing:
Should other Governmental entities decide to participate in this contract, would you, the Vend r.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 10:00 AM, Tuesday December 18, 2018, at the
Purchasing Conference Room, Lower Floor, City Hall, 200 Texas Street, Fort Worth, Texas, 75111.
Contents:
■ Part—I : Bid Solicitation/Offer
• Part—It : Instruction to Bidders
• Part—III : Scope of Services/Specifications
• Part--IV : Standard Purchasing Terms and Conditions
■ Part—V :Attachments
Page 1 of 1
BID SOLICITATION
BID OPENING DATE AND TIME:
1/10/2019 1:30:00 PM
BID NUMBER: 19-0032
BUYER:Jeff Cape
PHONE#: {817}392-8313
V Vendor Name: � {_��• 5 City of Ft Worth
N Address: ``ury�7 �D H 4200 SOUTH FREEWAY
D �I I. 3v Yl P STE 2200
O City,State Zip Code: N�tG, _ �4.1 �f �},ti FORT WORTH TX 76115
R ►nv\ v( til 11'41 T
I.
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 Central District Ground Maintenance for the Park
and Recreation Department per the attached specifications.The term of
the agreement shall be for a one-year period,with four options to renew
for additional one-year periods.
A pre-bid conference will be held at 10:00 AM,Tuesday December 18,
2018,at the Purchasing Conference Room,Lower Floor,City Hall,200
Texas Street,Fort Worth,Texas,76111.
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 Central District Grounds Maintenance,per attached specifications.Enter 1 EA 7 3f; 39 1)
Grand Total Annual Cost from grounds maintenance locations price sheet,
Attachment K.
TOTAL: 7. f
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: ��—�� U��. NAME AND TITLE:
19-0032 Central District Grounds Maintenance
Page 2 of 67
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SRT WORTH,
ADDENDUM TO INVITATION TO BID NO.19-0032
CENTRAL.DISTRICT GROUNDS MAINTENANCE
CITY OF FORT WORTH
PURCHASING DIVISION
ADDENDUM NO.I DATE ISSUED: January 3,2019
INVITATION TO BID NUMBER(ITIB): 19-0032
SID OPENING DATE:January 10,2019(UNCHANGED)
ITB No. 19-0032, issued December 12,2018, is hereby amended as follows:
Questions and Answers received via email are hereby incorporated.
Q1. Will a bid or performance bond be required for the Centrai District Ground Maintenance?
A1. No, a bid or performance bond will not be required for the Central District Ground Maintenance?
All other terms and conditions remain unchanged.
C nthiia G�
Y
ASSISTANT DIRECTOR
■■R R R R ■R 1 R A 1!a/■f l l l l A ■■r R M ■} 1 A R■ t t f
By the signature af#ixed below Addendum No. 1 is hereby incorporated intfl and made partof the above
referenced Invitation to Bid. \\ - }
COMPANY NAME: �- IAu'�1.J
SIGNATURE.
NOTE: Company name and signature must the same as on the original bid documents. Failure to
return this form with your sealed bid may constitute grounds for rejection of your offer.
GI-Mow
A5=
. TIN: 82-3593885
Curtis Kinsey
(817)575-0105
www.Gi-Mow.com
Curtis GI-Mow.com
BIDDER QUALIFICATIONS A5 PER SECTION 18.0
1 t3.1.1
GI-Mow was established by Curtis Kinsey as a veteran-owned sole proprietorship in
Amarillo, Texas in 2007. In 2015, GI-Mow became the sole means of income for Curtis
after moving to North Richland Hills, Texas and underwent formation into an LLC
business structure. We provide both residential and commercial services.
18.1.2
GI-Mow currently provides services for the City of Fort Worth and the City of White
Settlement that are similar in scope to this bid. With the equipment we possess, we are
able to mow up to 100 acres daily if needed. We utilize a software called Service
Autopilot to route all jobs efficiently. Each foreman is equipped with the technology to
download any necessary applications to submit photos and complete work orders.
18.1.3
GI-Mow is consistently adding to our staff and equipment list. All employees are legal
citizens with verified I-9 documentation, with minimal turnover. Employees are
compensated well, given paid time off to promote mental health well-being and we strive
to keep the most competitive equipment on hand. All equipment maintenance is
performed on a routine basis to prolong longevity of each machine.
18.1.4
Per the Attachment D reference sheet, GI-Mow maintains superb service completion for
the City of Fort Worth Water Production Department, the City of White Settlement Parks
and Recreation Department and the Chase Oaks Homeowners Association. Feel free to
contact any listed contract facilitators.
18.1.5
Utilizing the 5% MIWBE goal is ideal, however at this time we have put forth a good
faith effort to compare all qualified fuel vendors. We can obtain this service more cost
effectively by purchasing fuel from large local gas stations. We hope to equip our shop
with a fuel tank in the coming years to be able to partake in a fuel delivery service with
one of these vendors.
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23.84th Leg.. Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176.Local Government Code, Date Ra e��
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 filed with the records administrator c the local governmental
entity not later than the 7th business day after the date the vendor becomes aware of facts
that require the statement to be filed. See Section 176.006(a-1),Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local
Government Code.An offense under this section is a misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2 Check this box if you are'liiing an update to a previously filed questionnaire.
[The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the elate 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 CIC}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?
17 Yes 7-1 No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local
government officer named in this section AND the taxable income is not received from the local governmental entity?
7-1 Yes Ll 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?
F7Yes F] No
D. Describe each employment or business and family relationship with the Iocai government officer named in this section.
4
Signature of vendor doing twsiness wi the governrnental entity pre
Ll Adopted 13,7+2015
19-0032 Central District Grounds Maintenance
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ATTACHMENT-B
BIDDER'S CONTACT INFORMATION
Bidder's Name: �'�]-� ov�
Bidder's Local Address: �? f Y� Y 4� N v lI� I ,�1 • hl ��Vigo
Phone: `b - Fax:
Email: S Q
Name of person assigned specifically for this Agreement:
Name/Tide � May
Phone: ���-
��. Fax: A
Email:
Name of persons for renewal information and/or milling questions:
Nameff itie k V1 LA M(k�1� [N
Phone: Fax: �t
Email: p"
Name/Title
Phone: Fax:
Email:
r
Signature Printed Name Date
19-0432 Central District Grounds Maintenance
Page 17 of 67
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? "Q iginatin in Fort Worth" shall mean payable at the Fort Worth office. [must exceed
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 ear--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.
(Compan Name) ate}
C—V r I "
{Signature} (Printed Name anj Title}'
19-4032 Central District Grounds Maintenance
Page 18 of 67
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 n
�, hto,Mr-� S
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
19-0032 Central District Grounds Maintenance
Page 19 of 67
GI-Maw
TIN: 82-3593885
■ . ► A RVA 3 Curtis Kinsey
(817)675-0106
www.GI-Mow.com
Curtis@GI-Mow.com
REFERENCES
IJ Company Name City of Fort Worth Water Production
Name of Contact Burl Griffith
Title of Contact Superintendent
Present Address 1608 11th Avenue
City, State, Zip Fort Worth, TX 76102
Phone Number 817-392-8408
Email William. riffith fortworthtexas. ov
2) Company Name City of White Settlement Parks and Recreation
Name of Contact Richard Tharp
Title of Contact Director
Present Address 214 Meadow Park Drive
City, State, Zip White Settlement, TX 76108
Phone Number 817-246-4971 ext.266
Email rthar wstx.us
3] Company Name Chase Oaks Homeowners Association
Name of Contact Oleg Reztsov
Title of Contact President of HOA
Present Address 1874 Rufe Snow Drive
City, State, Zip Keller, TX 76248
Phone Number 214-454-6412
Email ole as22 mail.com
4) Company Name City of Bedford Code Compliance
Name of Contact Marie Nagy-Jones
Title of Contact Supervisor
Present Address 2121 L. Don Dodson Drive
City, State, Zip Bedford, TX 76021
Phone Number 817-952-2642
Email marie.na -ones bedfordtx. ov
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
19-0032 Central District Grounds Maintenance
Page 23 of 67
GI-MOW
TIN: 82-3593885
way,RA o . - - Curtis Kinsey
PV (817) 675-0106
www.GI-Mow.com
Curtis@GI-Mow.com
EQUIPMENT LIST
Quantity Type of Equipment
(1) 2015 Ventrac with 84" contour deck and interchangeable 72" deck
(1) 2018 Gravely 72": mulch kit
(1) 2016 Exmark Laser Z 60": mulch kit and turf tires
(1) 2018 Gravely 52": mulch kit
(2) 2016 Exmark Laser Z 48": mulch kits and turf tires
(2) 2017 Gravely Compact Pro 34": mulch kits and turf tires
(1) 2008 Walker GHS Zero Turn 36": bagging kit and turf tires
(2) 2016 Exmark Push Mower 21": bagging kits
(2) 2015 Honda Push Mower 21": bagging kits
(6) Stihl Weed Eaters/Edgers
(4) Echo Weed EaterslEdgers
(4) Stihl BP Blowers
(2) Echo BP Blowers
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
01
19-0032 Central District Grounds Maintenance
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ATTACHMENT I — COMPANY INFORMATION
Company's Name: 4
Company's Corporate Address- "3V
Company's Local Office
Address: 44 � �[,v���� -Dywill f- .�^ 1,:.A10130
,,Fax: w {Email: ,1 5 Owl(AM
Monitored 2417 Emergency Contact Phone Number: —IIoi U� I
Normal hours of operation: Weekdays ' l Weekends Ne- ova ly)
it
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 IIS
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 �r
Explain (use more paper if needed) Mgt �j f I W
Print Name
Signature
Date 1---[C.
19-0032 Central District Grounds Maintenance
Page 25 of 67
FORT WORTH_
City of Fort Worth
MinoritylWomen Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR OFFERORS
APPLICATION OF POLICY
If the total dollar value of the contract is$50,000 or more,then a MIWBE subcontracting goal is applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business
Enterprises �M/WBE)in the procurement of all goods and services. All requirements and regulations stated in the City's
current Business Diversity Enterprise Ordinance applies to this bid.
MIWBE PROJECT GOALS
The City's M/WBE goal on this project is r7 __%of the base bid value of the contract.
COMPLIANCE TO BID SPECIFICATIONS
On City contracts $50,000 or more where a MIWBE subcontracting goal is applied, Offerors are required to comply with
the intent of the City's Business Diversity Enterprise Ordinance by one of the following:
1. Meet or exceed the above stated MIWBE goal through MIWBE subcontracting participation, or
2. Meet or exceed the above stated MIWBE goal through MIWBE Joint Venture participation, or;
3. Good Faith Effort documentation,or;
4. Prime Waiver documentation.
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Purchasing Division, within the following times allocated, in order
for the entire bid to be considered responsive to the specifications, The Offeror shall deliver the MIWBE documentation
in person to the appropriate employee of the purchasing division and obtain a date/time receipt. Such receipt shall be
evidence that the City received the documentation in the time allocated. A faxed and/or emailed copy will not be
accepted.
1. Subcontractor Utilization Form, if goal is received no later than 2.00 p.m., on the second City business day
met or exceeded: after the bid opening date,exclusive of the bid opening date.
2. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day
Utilization Form, if participation is less than after the bid opening date, exclusive of the bid opening date.
stated goal:
3. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day
Utilization Form, if no MBE participation: after the bid opening date, exclusive of the bid opening date.
4. Prime Contractor Waiver Form, if you will received no later than 2:00 p.m., on the second City business day
perform all subcontractin /supplier work: Lafter the bid opening date, exclusive of the bid opening date.
5. Joint Venture Form, if goal is met or received no later than 2:00 p.m.,on the second City business day
exceeded: I after the bid opening date, exclusive of the bid )penin date,
FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE, WILL RESULT IN
THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS.
FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED
NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A
PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICATION
PERIOD OF THREE YEARS.
Any questions, please contact the MIWBE Office at(817)212-2674.
19-0032 Central District Grounds Maintenance
Page 28 of 67
FORT WORTH City of Fort Worth
Minority/Women Business Enterprise
MIWBE Subcontractors/Suppliers Utilization Form
OFFEROR COMPANY NAME: Check applicable block to describe
GI-Mow Offeror
PROJECT NAME: M.WDBE R/ NON-MiWIDBE
Central District Grounds Maintenance 1-10-19 BID DATE
City's MIWBE Project Goal: Offer 's MIWBE Project Commitment: PROJECT NUMBER
5 % 0 % 19-0032
Identify all subcontractors/suppliers you will use on this project
Failure to complete this form, in its entirety with requested documentation, and received by the Purchasing
Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date,
will result in the bid being considered non-responsive to bid specifications.
The undersigned Offeror agrees to enter into a formal agreement with the MANBE firm(s) listed in this utilization
schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing
misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being
considered non-responsive to bid specifications.
MlWBEs listed toward meeting the project goal must be located in the six (B) county,marketplace at the time
of bid or the business has a Significant Business Presence in the Marketplace. Marketplace is the geographic
area of Tarrant Dallas Denton Johnson Parker, and Wise counties.
Prime contractors must identify by tier level of all subcontractors/suppliers. Tier: means the level of
subcontracting below the prime contractor/consultant i.e. a direct payment from the prime contractor to a
subcontractor is considered I"tier, a payment by a subcontractor to its supplier is considered 2"d tier. The prime
contractor is responsible to provide proof of payment of all tiered subcontractors identified as a M/WBE and
counting those dollars towards meeting the contract committed goal.
ALL MIWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority
business enterprise by the North Central Texas Regional Certification Agency(NCTRCA)or other certifying agencies that
the City may deem appropriate and accepted by the City of Fort Worth.
If hauling services are utilized, the Offeror will be given credit as long as the M/WBE listed owns and
operates at least one fully licensed and operational truck to be used on the contract. The MM/BE may lease
trucks from another MIWBE firm, including M/WBE owner-operated, and receive full MIWBE credit. The
M/WBE may lease trucks from non-M/WBEs, including owner-operated, but will only receive credit for the
fees and commissions earned by the M/WBE as outlined in the lease agreement.
19-0032 Central District Grounds Maintenance
Page 29 of 67
FORT WORTH
Offerors are required to identify ALL subcontra ctorslsuppliers, regardless of status; i.e., Minority, Women and non-M1WBEs. MNUBE
firms are to be listed first, use additional sheets if necessary. Please note that only certified M/WBEs will be counted to meet an MANBE
goal.
NCTRCA N
SUBCONTRACTORISUPPLIER G
Company Name T n Detail Detail
Address i Subcontracting Supplies
TelephonelFax e B B M Work Purchased Dollar Amount
Email r E E B
Contact Person I'_
Local Gas Stations ❑ ❑ ✓ Fuel 3,000
i
❑ ❑
19-0032 Central District Grounds Maintenance
Page 30 of 67
FOR111�I
Total Dollar Amount of M1WBE Subcontractors/Suppliers $Q
Total Dollar Amount of Non-MfWBE Subcontractors/Suppliers $3000
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $3000
The Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the
Minority and Women Business Enterprise Office through the submittal of a Request for Approval o
CfrangelAddition form. Any unjustified change or deletion shall be a material breach of contract and may result
in debarment in accord with the procedures outlined in the ordinance. The Offeror shall submit a detailed
explanation of how the requested change/addition or deletion will affect the committed MNVBE goal. If the detail
explanation is not submitted, it will affect the final compliance determination.
By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request,
complete and accurate information regarding actual work performed by all subcontractors, including MNVBE(s)
and any special arrangements with MNVBEs. The Offeror also agrees to allow an audit and/or examination of
any books, records and files held by their company. The Offeror agrees to allow the transmission of interviews
with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract
that will substantiate the actual work performed by the MfWBE(s) on this contract, by an authorized officer or
employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating
the contract or debarment from City work for a period of not less than three (3) years and for initiating action
under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance
creates a material breach of the contract and may result in a determination of an irresponsible Offeror and
debarment from participating in City work for a period of time not less than one (1) year.
Authorized Signature Printed Signature
Owner
Title Contact Namefritie of different)
GI-Mow 817-675-0106
Company Name Telephone andlor Fax
5128 Jennings Drive Curtis@GI-Mow.com
Address E-mail Address
NRH, TX 76180 1 -8-19
CitylStatelZip Date
19-0032 Central District Grounds Maintenance
Page 32 of 67
FORT WORTH City of Fort Worth
Minority[Women Business Enterprise
M/WBE Good Faith Effort Form
OFFEROR COMPANY NAME: Check applicable block to describe
GI-Mow Offeror
PROJECT NAME: h9M?OBE }( I NON-MIMME
Central District Grounds Maintenance9-10-19 BID DATE
City's MAYBE Project Goal: Offeror's MUSE Project Commitment: PROJECT NUMBER
5 % 0 % 19-4032
If the Offeror did not meet or exceed the MIWBE subcontracting goal for this project,the Offeror must complete this
form.
If the Offeror's method of compliance with the MIWBE goal is based upon demonstration of a
"good faith effort", the Offeror will have the burden of correctly and accurately preparing and
submitting the documentation required by the City. Compliance with each item, 1 thru 11 below,
shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing
misrepresentation of the facts or intentional discrimination by the Offeror.
Failure to complete this form, in its entirety with supporting documentation, and received by the
Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive
of bid opening date,will result in the bid being considered non-responsive to bid specifications.
1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this
project, regardless of whether it is to be provided by a M1WBE or non-M/WBE. DO NOT LIST NAMES
OF FIRMS) On all projects, the Offeror must list each subcontracting and or supplier opportunity
regardless of tier.
(Use additional sheets,if necessary)
List of Subcontracting Opportunities List of Supplier opportunities
Fuel Vendors
19-0032 Central District Grounds Maintenance
Page 34 of 67
2.) Obtain a current(not more than two (2) months old from the bid open date) list of MIWBE
subcontractors and/or suppliers from the City's MIWBE Office.
Yes Date of Listing 1 l
No
3.) Did you solicit bids from MIWBE firms,within the subcontracting andlor supplier areas previously
listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are
opened?
Yes (If yes,attach MIWBE mail listing to in elude name of firm and address and a dated copy of letter mailed.)
X No
4.) Did you solicit bids from MIINBE firms, within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are
opened?
x Yes (If yes,attach list to include name of MfWBE firm, ep rson contacted,phone number and date and time of contact.)
No
5.) Did you solicit bids from MIWBE firms,within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by facsimile(fax), exclusive of the day the bids
are opened?
Yes (If yes,attach list to include name of MIWBE firm,fax number and date and time of contact. In addition,if the fax is
returned as undeliverable,then that"undeliverable confirmation"received must be printed directly from the
facsimile for proper documentation. Failure to submit confirmation andfor"undeliverable confirmation"
documentation may render the GFE non-responsive.)
X No
6.) Did you solicit bids from MIVVBE firms, within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by email,exclusive of the day the bids are
opened?
x Yes (if yes,attach email confirmation to include name of IMMSE firm,date and time.In addition,if an email is
returned as undeliverable,then that"undeliverable message"receipt must be printed directly from the email
system for proper documentation. Failure to submit confirmation andfor"undeliverable message"
documentation may render the GFE non-responsive.)
No
NOTE. The four methods identified above are acceptable for soliciting bids, and each selected method
must be applied to the applicable contract. The Offeror must document that either at least two attempts
were made using two of the four methods or that at least one successful contact was made using one of
the four methods in order to be deemed responsive to the Good Faith Effort requirement.
NOTE: The Offeror must contact the entire MIWBE list specific to each subcontracting and supplier
opportunity to be in compliance with questions 3 through 6.
7.) Did you provide plans and specifications to potential MIWBEs?
x Yes
No
8.) Did you provide the information regarding the location of plans and specifications in order to assist
the MIWBEs?
X Yes
No
19-6032 Central District Grounds Maintenance
Page 35 of 67
9.) Aid you prepare a quotation for the MIWBEs to bid on goods/services specific to their skill set?
X Yes (If yes,attach all copies of quotations.)
No
10.) Was the contact information on any of the listings not valid?
Yes (if yes,attach the information that was not valid in order for the MfWBE Office to address the corrections
needed.)
x No
11.jSubmit documentation if M/WBE quotes were rejected. The documentation submitted should be in
the forms of an affidavit, include a detailed explanation of why the MIWBE was rejected and any
supporting documentation the Offeror wishes to be considered by the City. In the event of a bona fide
dispute concerning quotes,the Offeror will provide for confidential in-camera access to an inspection
of any relevant documentation by City personnel.
Please use additional sheets,if necessary,and attach.
Company Name Telephone Contact Person Scope of Work Reason for Rejection
Champion Fuel Solut ons 877-909-9191 Patti Russell Fuel Delivery cost too high
Lucky Lady Oil Company 817-740-7400 Martha Palmer Fuel Delivery cost too high
Ricochet Fuel 817-258-5910 Kelly Roberts Fuel Delivery cost too high
Suncoast Resources 713-429-6702 Kathy Lehne Fuel Delivery cost too high
ADDITIONAL INFORMATION:
Please provide additional information you feel will further explain your good and honest efforts to obtain
MIWBE participation on this project.
Local gas stations are most cost effective for Gl-Mow at this time
The Offeror further agrees to provide, directly to the City upon request, complete and
accurate information regarding actual work performed on this contract, the payment
thereof and any proposed changes to the original arrangements submitted with this bid.
The Offeror also agrees to allow an audit and/or examination of any books, records and
files held by their company that will substantiate the actual work performed on this
contract, by an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for
terminating the contract or debarment from City work for a period of not less than three
(3) years and for initiating action under Federal, State or Local laws concerning false
statements. Any failure to comply with this ordinance shall create a material breach of
19-9032 Central District Grounds Maintenance
Page 36 of 67
contract and may result in a determination of an irresponsible Offeror and debarment
from participating in City work for a period of time not less than one (1) year.
The undersigned certifies that the information provided and the WWBE(s) listed
was/were contacted in good faith. It is understood that any MJWBE(s) listed in
Attachment 1C will be contacted and the reasons for not using them will be verified by
the City's MIWBE Office.
Authorized Signa a Printed Signature
Owner
Title Contact Name and Title (if different)
GI-Maw Z,,-;i
Company Name Phone Number Fax Number
5128 Jennings Drive Curtis@GI-Mow.com
Address Email Address
NRH, TX 76180 1-8-19
Citylstatelzip Date
19-6032 Central District Grounds Maintenance
Page 37 of 67
OI-Maw
TIN. 82-3593885
AE= Curtis Kinsey
• • - (817)675-0105
www.GI-Mow.com
Curtis@GI-Mow.com
MIWI3E DOCUMENTATION
1) Champion Fuel Solutions
Contacted Patti Russell via email on 12-28-18 at 8:03am. Emailed inquiry
received 12-28-18 at 10:28am, then no further responses given. Sent an
additional email on 1-7-19 at 2:46pm, then called at 5:30pm. No response
received.
2) Lucky Lady Oil Company
Contacted Sheryl Hulsey via email on 12-28-18 at 8:03am. See attached email
response provided on 1-2-19 at 5:50pm.
3) Ricochet Fuel Distributors
Contacted sales department via email on 12-28-18 at 8:03am. See attached
email response provided by Cassandra Blegen on 12-28-18 at 10:23am.
4) Sun Coast Resources, Inc.
Contacted national sales department via email on 12-28-18 at 8:03am. See
attached email response from Alyssa Yount provided on 12-28-18 at 2:31 pm.
GI-Maw has signed a Good Faith Effort Form for this contract. We are able to perform
the entire contract without subcontractors and suppliers aside from fuel vendors. As a
company we can mow around 100 acres a day if need be which is well over what is
required of this contract. if something was to break down, or you add more properties
on to us then we could always just drop some residential properties for a day or two to
cover this contract. We do all of our own maintenance on our equipment and having
fuel delivered to our site is more expensive than us stopping at local gas stations,
therefore we will not be using any suppliers.
117/2019 GI-Mow Mail-GI-Mow Fuel Requests
GmCurtis Kinsey<curtis@gi-mow.com>
GI-Mow Fuel Requests
4 messages
Curtis Kinsey<curtis@gi-mow.com> Fri, Dec 28,2018 at 8:03 AM
Bee: Patti Russell<prussell@championfs.com>,shulsey@floc.biz, sales@ricochetfuel.com, National
<national@suncoastresou rces.com>
Good day,we are interested in getting a fuel supplier to deliver 200 gallons of fuel to our shop in North Richland Hills. It would be
mid-grade and delivered approximately bi-weekly. Can you give us price for this please? Price per gallon of fuel and delivery
charge. Thanks.
Curtis
■
GWOW,COM
Patti Russell <prussell@championfs.com> Fri, Dec 28,2018 at 10;28 AM
To:Curtis Kinsey<curtis@gi-mow.com>
Would we be delivering into a tank or filling equipment directly?
Awy Ilanfeff
877.909.9191 Office
817.251.1437 Fax
P.O.Box 210191 Bedford,TX.76095
PTO
DBE/SBE/WBE/WOSB/TxDOT/HUB Certified
From, Curtis Kinsey-®urtis@gi-mow,com;-
Sent: Friday, December 28,2018 8:04 AM
Subject: GI-Maw Fuel Requests
[Quoted text hidden]
htips:l/ma il.g oog le.co mlmai 11u10?i k=3 c78a43$58&view=pt&search=all&pe rm th id=th read-a°/o3Ar6818553871980393116&si m pl=m sg-a%3A r-37860569... 113
1/7/2019 Gl-Maw Mail-CI-Maw Fuel Requests
GI-Mow<cu rtis@gi-mow.Corr> Fri, Dec 28, 2018 at 12:29 PM
To: Patti Russell<prussell@championfs.com>
Filling a tank.
Beni from a GI-Mow!Phone
On Dec 28,2018,at 10:28 AM,Patti Russell<prussell@championfs.com>wrote:
Would we be delivering into a tank or filling equipment directly?
877.909.9191 Office
817.251.1437 Fax
P.O.Box 210191 Bedford,TX 76095
<image00l.png>
DBE/SBE/WBE/WDSB/TxDOTffiUB Certifted
From: Curtis Kinsey<curtis@gi-rnow.com>
Sent: Friday, December 28,2018 8:04 AM
Subject: GI-Maw Fuel Requests
Good day,we are interested in getting a fuel supplier to deliver 200 gallons of fuel to our shop in North Richland
Hills. It would be mid-grade and delivered approximately bi-weekly. Can you give us price for this please? Price per
gallon of fuel and delivery charge. Thanks.
Curtis
Curtis Kinsey<curtis@gkmow.com> Mon,Jan 7,2019 at 2:46 PM
https:/Imail.google.com/mai l/u10?ik=3c7ga43658&view=pt&search=alk&permthid=thread-a°/o3Ar68l8553871980393116&simpl=msg-a°1o3Ar-37860569... 213
117/20/9 GI-Mow Mail-GI-Mow Fuel Requests
To:Patti Russell<prussell@championfs.com>
Hi Patti,just wanted to follow up and see if you had a price on this size delivery to an on-site tank?
GI-MGW.CQM
[Quoted text hidden]
UICJ
http s:/lm ai I.googl e.comlmai VuIO?1k=3c78a4 36 58&v iew=pt&se arc h=al l&permth id=thread-a%3Ar6$18553 8719 8039 3116&s i m pl=m sg-a%3Ar-37860569... 313
117/2019 GI-Mow Mail-Midgrade fuel quote
II Curtis Kinsey<curtis@gi•mow.com>
Midgrade fuel quote
1 message
Sheryl Hulsey<shulsey@lloc.biz> Wed,Jan 2,2019 at 5:50 PM
To:"curtis@gi-mow.com"<curtis@gi-3now.com>
Lucky Lady Oil Company fuel quote for GI-Mow effective 1-3-19
240 midgrade @ 3.45 per gallon.
Price includes delivery and all applicable fuel taxes and environmental fees and is subject to daily change.
Thank you.
Sheryl Hulsey
Fuel Sales
Lucky Lady Oil Company
817-740-7400 Dispatch
shuisey@lloc.biz
817-475-6237 mbl
https:llmail.gocgle.comlmail/u/07ik=3c78a43658&view=pt&search=all&permthid=thread-f°Io3A1621594478022334316&simpl=msg-f/o3A16215944780... 111
1812019 GI-Mow Mail-Ricochet Fuel-Mid-grade LINE Quote
GmI Curtis Kinsey<curtisQgi-mow.com>
Ricochet Fuel - Mid-grade UNE Quote
1 message
Cassandra Blegen<cblegen@ricochetfuel.com> Fri, Dec 28,2018 at 10:23 AM
To: "curtis@gi-mow.com"<curtis@gi-mow.com>
Morning Curtis,
Please see below for the information you requested:
• 200 gallons of mid-grade unleaded gasoline delivered to North Richland Hills,TX: $150 delivery+$2.1491gallon*
'Price of fuel fluctuates with market/refiner adjustments and actual amount of gallons delivered
have gone ahead and attached our credit application and our most common form of payment,should you decide to choose us as
your fuel provider. Please let me know if you have any questions.
Have a wonderful Friday?
Cassandra
Blegen *�
Account Executive FET
0:(817)268-5910 FUEL DISTRIBUTORS,ING
C: (682)718-2169 WBE Certff'ied
2 attachments
„ EZ Pay Authorization Agreement.pdf
39K
Credit Application-CRB.pdf
187K
https:llmai1.google.comlmaiI1u10?ik=3c78a43658&view=pt&search=all&permthid=thread-f/I3Al621113427699443569&stmpl=msg-f°/o3A182111342769... 1I1
117/2019 GI-Mow Mail-Good morning and happy holidays!
GmI Curtis Kinsey<curtis@gi-mow.com>
I
Good morning and happy holidays!
7 messages
Alyssa Yount<ayount@suncoastresources.com> Fri, Dec 28,2018 at 9:42 AM
To:"curbs@gi-mow.com"<curtis@gi-mow.com>
Hello Curtis,
I just received your email and was wondering if you will be around this morning for me to come by and meet with you?!
Alyssa Yount
Sales Representative
;-null
Direct:713.969,3729
Cell: 817.994.6229
Fax:
800.677.FUEL(3835)ext.*3729
http://www.suncoastresources.com
ayount@suncoastresources.com
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 email,and delete this message
and any attachments from your system.
Curtis Kinsey<curtis@g!-mow.com> Fri, Dec 28,2018 at 9:48 AM
To:Alyssa Yount<ayount@suncoastresources.com>
Good morning Alyssa,we are actually heading out of town this morning for a few days.
■
GI-MQW.COM
[Quoted text hldden]
Alyssa Yount aayount@suncoastresources.com> Fri, Dec 28,2018 at 9:58 AM
To: Curtis Kinsey<curtis@gi-mow.com>
Oh okay! if you guys will be around late next week or the week after 1 can come by anytime.Can you give me the address of the
shop so 1 can go ahead and give you pricing for the 200 gallons of mid-grade?
Alyssa Yount
Sales Representative
,�..null
Direct:713.969.3729
Cell: 817.994.6229
Fax:
800.677.FUEL(3835)ext."3729
http://www.suncoastresources.com
a yo u n t@su n co astre so u roe s.com
https:Uma il.google.comlmaillul0?ik=3c78a43658&view=pt&search=all&permthid=thread-f%3A1621110792239364107&simpl=msg-fo1o3A162111079223. 113
1812019 GI-Mow Mail-Good morning and happy ha holidays!
[Quoted text hidden]
Curtis Kinsey<curtis@gi-mow.com> Fri, Dec 28, 2018 at 12:21 PM
To:Alyssa Yount<ayount@suncoastresources.com>
5128 Jennings Drive
North Richland Hills 76180
Sent from my Phone
[Quoted text hidden]
Alyssa Yount<ayount@suncoastresources.com> Fri, Dec 28,2018 at 2:31 PM
To:Curtis Kinsey<curtis@g!-mow.com>
Okay for 200 gallons for today it would be including taxes$2.23 a gallon with a$150 delivery fee
Alyssa Yount
Sales Representative
L"Inull
Direct:713.969.3729
Cell: 817,994.6229
Fax:
800.677.FUEL(3835)ext.`3729
http://www.sunr,oastresources.com
ayount@su ncoastresources.corn
[Quoted text hidden]
Alyssa Yount ayount@suncoastresources.com> -` Thu,Jan 3,2019 at 1:50 PM
To:Curtis Kinsey<curtis@gt-mow.com>
Hey Curtis!
was just checking in to make sure you got pricing and see when you guys will be back in town?
Alyssa Yount
Sales Representative
L'r�null
Direct:713.969.3729
Cell: 817.994.6229
Fax:
800.677.FUEL(3835)ext,*3729
http://www.suncoastresources.com
ayount@suncoastresources.com
On Dec 28,2018,at 9:48 AM,Curtis Kinsey<curtis@gi-mow.coma wrote:
[Quoted text hidden]
Curtis Kinsey<curtis@gi-mow.com> Thu,Jan 3,2019 at 4:18 PM
To:Alyssa Yount ayount@suncoastresources.com>
did,thank you!We are going to try to budget out for it at our new shop. Thanks again.
Curtis
■
GI-MOW.COM
https://mail.google.corrdmaiVuID?ik=3c78a43658&view=pt&search=all&permthid=thread-f%3Al 621110792239354107&simpl=msg-f/o3A1&2111079223... 213
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: ',A Se-.)
Assistant City Manager Title: 0--
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:
19-0032 Central District Grounds Maintenance
Page 50 of 67
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 Grounds Maintenance Services Agreement 24 of 26
Rev.11/18
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. 19-0032
200 Texas Street
Fort Worth,Texas 76102
10.3 Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein. Each insurance policy
shall be endorsed to provide the City a minimum 30 days' notice of cancellation, non-
renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall
be acceptable in the event of non-payment of premium.
10.4 Insurers must be authorized to do business in the State of Texas and have a current A.M.
Best rating of A: VII or equivalent measure of financial strength and solvency.
10.5 Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
10.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may
consider alternative coverage or risk treatment measures through insurance pools or risk
retention groups. The City must approve in writing any alternative coverage.
10.7 Workers'compensation insurance policy(s)covering employees of the Contractor shall be
endorsed with a waiver of subrogation providing rights of recovery in favor of the City.
10.8 City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
10.9 Contractor's insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self-funded or commercial coverage maintained by City shall
not be called upon to contribute to loss recovery.
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 25 of 26
Rev.11/18
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 Grounds Maintenance Services Agreement 26 of 26
Rev.11/18
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/5/2019
DATE: Tuesday,March 5,2019 REFERENCE NO.: **P-12304
LOG NAME: 13P19-0032 CEN GROUNDS MAINTENANCE CG PACSD
SUBJECT:
Authorize Execution of Non-Exclusive Agreements with Abescape Group,LLC,
Civilian Division LLC,d/b/a GI Mow and Prestige Worldwide Services LLC,
for Grounds Maintenance and Mowing Services for the Central District Parks
and Other Central District City Facilities in an Annual Amount Up to
$318,407.00 and Authorize Four Annual Renewal Options for the Park and
Recreation Department(COUNCIL DISTRICTS 2, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council authorize execution of
non-exclusive agreements with Abescape Group,LLC,Civilian Division LLC,
d/b/a GI Mow and Prestige Worldwide Services LLC, for grounds maintenance
and mowing services for Central District Parks and other Central District
City Facilities in an annual amount up to$318,407.00 and authorize four
annual renewal options for the Park and Recreation Department.
DISCUSSION:
The Park and Recreation Department approached the Purchasing Division to
procure annual Agreements for grounds maintenance and mowing services for
Central District Parks and Traffic Dividers and other city facilities in
the Central District of Fort Worth. In order to procure these services,
Staff issued an Invitation to Bid(ITB)to 255 related vendors. The ITB
consisted of detailed specifications listing the frequency,quality,and
type of mowing and grounds maintenance to be performed at each location.
The Bid was advertised in the Fort Worth Star-Telegram on December 20th.
26th of 2018, and January 2nd, 10th and 17th of 2019. The City received ten
bids.
Staff recommends awarding one-year,non-exclusive Agreements with Abescape
Group LLC, Civilian Division LLC d/b/a GI Mow and Prestige Worldwide
Services LLC, for grounds maintenance and mowing services for
Central District Parks and other Central District city facilities in an
annual amount Up to $318,407.00.No guarantee was made that a specific
amount of these services will be purchased. The bid amount for the Park and
Recreation Department's annual requirements is $268,407.00 an additional
$50,000.00 is requested to ensure that as parks or facilities are added,
funding for grounds maintenance will be available. The proposed contract
would allow the unit price to be increased so long as the City approves the
increase. In addition,an administrative change order or increase may be
made by the City Manager in the amount up to $50,000.00 and does not
require specific City Council approval as long as sufficient funds have
been appropriated.
M/WBE OFFICE
• Abescape Group LLC,is in compliance with the City's DBE Ordinance
by committing to 5%M/WBE participation on this project. The City's M/WBE
goal on this project is 5%.
• GI-Mow is in compliance with the City's DBE Ordinance by committing
to M/WBE participation and documenting good faith effort on this project.
GJ-Mow identified several subcontracting and supplier opportunities.
However,the M/WBE's contacted in the areas identified did not respond or
submit the lowest bids. The City's M/WBE goal on this project is 5%.
• Prestige Worldwide Services is in compliance with the City's DBE
Ordinance by submission of the prime contractor waiver form. The City's
M/WBE goal on this project is 5%.
Upon City Council approval,the Agreement shall begin upon execution of the
Agreement and shall end one year from that date. The City will have the
option to renew the agreement for 4 additional one-year periods.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current
operating budget Park and Recreation Department, as appropriated and that
prior to an expenditure being made,the participating department has the
responsibility to validate the availability of funds.
BQN\19-0033\cg
FUND IDENTIFIERS(FIDs):
TO
Department Account Project Program Activity Budget Reference# Amount
Fund ID ID year (Chartfield 2)
FROM
Department Account Project Program Activity Budget Reference# Amount
Fund ID ID year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Kevin Gunn (2015)
Additional Information Contact: Cynthia Garcia (8525)
Jeff Cope (8313)
ATTACHMENTS
1. 1295 19-0032 Redacted.pdf (Public)
2. 13P19-0032 CEN GROUNDS MAINTENANCE CG PACSD-FID_.pdf (CFW Internal)
3. Bid No 19-0032-Evaluation Team Scoringpdf (CFW Internal)
4. Compliance Memo for Central District.pdf (CFW Internal)
5. Sams Search 19-0032.12df (CFW Internal)