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HomeMy WebLinkAboutContract 52044 CSC No. 52044 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 SEGARRA AND WATSON INTERNATIONAL LLC, 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 ITBIRFP No. 19-0037 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$593,168.00 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. 19-0037) 4. Exhibit C—Contractor's Response to City of Fort Worth ITB/RFP No. 19-0037. 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(rTB/RFP No. 19-0037),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. 19-0037)shall be in the amount of$593,168.00,and the City Non-'Exclusive Contract Mowing and Grounds Maintenance Services Agreement OrFIp��� CORD Rev.11/18 CITY SECRETARY FT WORTH,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 ITBIRFP No 19-0037("Contractor's Response") is attached hereto as Exhibit C,and incorporate herein for all purposes. 2.3 The City shall issue a written work order establishing the locations, schedule, and fee to be paid to the Contractor for each Project Area to be completed by Contractor("Work Order"). Contractor shall perform the Services in accordance with each Work Order issued by the City. The City may issue an amended Work Order to address any changes in the work to be performed after a Work Order has been issued. Except as otherwise specified in this Agreement,the fee established in each Work Order shall be based upon the prices submitted by Contractor in Contractor's Response. SECTION 3 TERM OF AGREEMENT 3.1 Term. The term of this Agreement shall begin on 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 CFWMowingAa,FortWorthTexas.gov 4.4 The City may complete a visual inspection of the Work to verify that it was completed in accordance with this Agreement. City agrees to pay all invoices for accepted work within 30 day of receiving the invoice. The City will only pay for work that is completed in accordance with the terms and specification contained in this Agreement. Contractor shall not be paid for any Incomplete Work or for failure to complete a location within the Cycle dates for each mowing Cycle. The City shall notify Contractor of any error in an invoice no later than the 2 l'day after the date the City receive the invoice. SECTION 5 LIABILITY AND INDEMNIFICATION Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 2 of26 Rev.11118 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, FIND 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 T11HS AGREEMENT BY CONTRACTOR OR ANY OF ITS OFFICERS,REPRESENTATIVES,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS;(2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON THE PART OF CONTRACTOR OR ANY OF ITS OFFICERS, REPRESENTATIVES,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS;OR(3)BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF CONTRACTOR UNDER THIS AGREEMENT(COLLECTIVELY, "LIABILITIES"). 5.3 If any action or proceeding shall be brought by or against the City in connection with any such liability or claim, Contractor, on notice from City, shall defend such action or proceeding at Contractor's expense,by or through attorneys reasonably satisfactory to City. 5.4 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligations under this Section, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations,and as so modified,the indemnification obligation shall continue in full force and effect. 5.5 Contractor agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages related to Services performed under this Agreement. Contractor agrees to make its officers, representatives, agents, and employees available to City, at all reasonable times, for any statements and case preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder. SECTION 6 INSURANCE REQUIREMENTS 6.1 Contractor shall abide by the insurance requirements set forth in Exhibit D, which is attached hereto and incorporated herein for all purposes. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 3 of 26 Rev.11118 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(40)calendar days following delivery by the City to Agreement of written notice of the City's intention to terminate or(ii)the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 8.4 Other Remedies. Any termination of this Agreement as provided in this Agreement will not relieve Contractor from paying any sum or sums due and payable to City under this Agreement that remains unpaid and due at the time of termination, or any claim for damages then or previously accruing against Contractor under this Agreement. Any such termination will not prevent City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Contractor for any default under the Agreement. All City's rights,options,and remedies under this Agreement will be construed to be cumulative,and not one of them is exclusive of the other. City may pursue any or all such remedies or any other remedy or relief provided by law,whether or not stated in this Agreement. No such termination shall relieve City from any obligation it may have to Contractor hereunder and City may pursue any and all rights and remedies or relief provided by law, whether or not stated in this Agreement. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 4 of26 Rev.11118 SECTION 9 LICENSES AND PERNUTS 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: Segarra&Watson International,LLC City of Fort Worth 7412 Vallejo Dr,Dallas,TX,75227 Park and Recreation Director 4240 South Freeway,Suite 2240 Fort Worth,Texas 76115 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth,Texas 76142 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 I I NONDISCRIMINATION 11.1 Contractor shall not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement,and Contractor represents and warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall comply with all applicable laws and regulations in any employment decisions. SECTION 12 VENUE AND CHOICE OF LAW 12.1 Contractor and City agree that this Agreement shall be construed in accordance with the laws of the State of Texas. If any action,whether real or asserted, at law or in equity,arises on the basis of any provision of this Agreement,venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas—Fort Worth Division. SECTION 13 THIRD-PARTY RIGHTS AND ASSIGNMENTS Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 5 of 26 Rev.11118 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 fried with the City Secretary's Office. 16.2 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 16.3 In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party,regardless of the actual drafter of this Agreement. SECTION 17 GOVERNMENTAL POWERS AND IMMUNITIES Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 6 of26 Rev.11118 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 1&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. 1$.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 Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 7 of 26 Rev.11118 not boycott Israel during the term of the contract. The terms"boycott Israel" and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. SECTION 23 IMNUGRATION NATIONALITY ACT 23.1 Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. (SIGNATURES ON FOLLOWING PAGE) Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 8 of 26 Rev.11118 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 OF FORT WORTH CONTRACTOR 5"-- U,— Femando Costa(Mar 13,2019) Jen&feoegra(Mar 13,2019) Fernando Costa Name:Jennifer segarra ,Assistant City Manager Title: Owner Recommended.• Richard Pavaia(Mar 13,2019) Richard Zavala,Director Park and Recreation Department APPROVED AS TO FORM AND LEGALITY: Rrohard- A M�GrraoMn_ Richard A.McCracken(Mar 13,2019) Richard A.McCracken ,Assistant City Attorney ORT�a ATTEST: Mary J-Ker(me 2019) . r Mary Kayser City Secretary M&C: P-12307 Date: 0=512o19 Form 1295-.2019-451694 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. 6W&Z1K NeAlNU& Walter K Newman(Mar 13,2a 19) Name:Walter K.Newman Title: Contract Compliance Specialist OFFICIAL RECORD CITY SECRETARY Non-Exclasive Couhact Mowing and Grounds Maintenance Services Agreement �.F;- TX Rev.11118 EXHIBIT A CONTRACT SPECIFICATIONS 1. 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. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 10 of 26 Rev.11118 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 forproject 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, radia, and TX DOT highway information boards. 14. Project Area—The specific geographic area(s)of the City designated to receive specific grounds maintenance services. 15. Trash and Litter—Any debris within a Project Area including,but not limited to, paper, plastic,cans,bottles(including broken glass),cardboard,rags,bottle tops,tires,limbs and branches 4 inches or smaller in diameter, rocks, and other similar solid materials and foreign debris which is not intended to be present as part of the landscape.This is inclusive of the entire Project Area, including streets, sidewalks, curbs, hillsides, ditches, creeks, etc. In accordance with City Ordinance, garage sale signs found in median areas are also considered Trash and Litter. III. EQUIPMENT I. Contractor shall have available all necessary equipment and materials upon arrival at a Project Area to perform the Services in this Agreement. 2. All equipment shall be in good repair at all times and be operated by responsible employees. 3. Contractor shall maintain sharp blades on all mowing equipment to cleanly cut,not tear, the blades of grass. 4. Contractor shall not store equipment on property owned by the City. Contractor shall remove all equipment from each Project Area immediately after completing the mowing and grounds maintenance. IV. GROUNDS MAINTENANCE AND TRIMMING 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. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 11 of 26 Rev.11118 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. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 12 of 26 Rev.11118 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. I& 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 Rev.11118 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 'Kinch,nor cut back from the edge of walks,trails,drives,or curbs more than 114 inch. All concrete sidewalks,trails,curbs,walking paths,and steps must be mechanically edged,exposing the concrete surface.The Contractor may use a disc edger on a mower or similar device to edge the median as long as the produced edge meets the standard set forth in this section. All materials dislodged by edging shall be removed from the site or blown back onto grass areas,as to leave a clean appearance.Concrete sidewalks shall be edged on both sides. VII. TREES AND SHRUBS No pruning of any tree shall be permitted, unless specified otherwise in this Agreement. Broken limbs or tree debris,along with any trash or litter,shall be removed from ornamental flower and planting beds, as well as from the entire Project Area during each mowing Cycle. Mulch rings shall be reshaped prior to leaving a Project Area when dislodged by mowing equipment. Failure to replace damaged trees shall be considered a breach of this Agreement and the Contractor shall be assessed for damages. Slight or moderate damages to trees will result in assessment of damages. VIII. ASSESSMENT OF DAMAGES FOR DAMAGE TO TREES I. 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 Rev.11118 the trunk into the cambial layer%2"to 2"in width,but less than 113 trunk circumference, or breaking of limbs less than 2" in diameter, or limbs less than 113 trunk caliper, whichever is less; $340.00 for each instance of moderate damage to the tree(s), which in the opinion of the City Forester contribute to the poor health and reduced longevity of the tree,examples include,but are not limited to, scaling of the trunk into the cambial layer greater than 2"but less than 113 of the trunk circumference, or breaking of limbs more than 2"in diameter but less than 113 caliper. Severe damage or removal of trees is subject to the payment of damages in the amount of$204.00 per diameter inch of trees removed or damaged for trees less than 30", $400.00 per diameter inch of trees greater than 30". Severe damage or removal shall include,but is not limited to, scarring of the trunk to the cambial layer greater than 113 trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch greater than 113 trunk caliper.Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back according to the ANSI standards. Trees greater than 6"in caliper shall be measured using diameter at breast height(DBH). In addition to any penalties or damages assessed by the Park and Recreation Department,trees severely damaged or removed shall also be subject to fines and penalties of the Tree Conservation Ordinance of the Fort Worth Zoning Code. Trees that must be removed due to damage caused by the Contractor shall be removed by the Forestry Section Tree Removal Contractor at the Mowing Contractor's expense. 8. Failure to replace or pay for damaged trees shall result in a breach of contract and the Contractor will be automatically assessed damages.Damages as described herein shall be deducted from payments otherwise due to the Contractor. IX. FOUNTAIN FEATURES AND SWIMMING POOLS 1. Edging shall be done in such a manner as to keep clippings out of water features. All clippings and trash must be removed from water features. 2. Maintenance at all fountain features will require turf areas to be mowed with grass catching equipment.If the Contractor fails to use grass catching equipment,the Contractor shall pay to the City the costs incurred by the City to clean up the site,including City staff time. The City may deduct these costs from any payments to the Contractor. X. PONDS,LAKES,AND CREEKS 1. The Contractor will use care when mowing or edging around lakes, ponds, and creeks. Grass must be directed away from water,but does not have to be caught or removed from the area. 2. The Contractor shall pay to the City the costs incurred by the City to remove grass from ponds, lakes and creeks, including City staff time. The City may deduct these costs from payments to the Contractor XI. FENCES I. The Contractor will use care when mowing or edging around fences.This includes metal, wood or other material fence. Grass must be directed away from fence,but does not have to be caught or removed from the Project Area. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 15 of 26 Rev.11118 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. XH. 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: 240 Texas Street,Fort Worth TX 76142 (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. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 16 of 26 Rev.11118 3. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. XVII. WORK ORDERS I. A Work Order shall consist of a written document, specifying the type of work, Contractor's name,Project Area,maintenance Cycle,beginning and end dates,price to be paid by the City and comments. 2. The Contractor shall not begin work on the Project Area until a Work Order is received by the Contractor from the City. 3. Failure to obtain a Work Order prior to beginning a maintenance Cycle may result in non- payment for work performed.. 4. Electronic Work Orders — The City may utilize electronic work orders. ALL CONTRACTORS MUST HAVE THE TECHNOLOGICAL CAPABILITY TO USE THE CITY'S ELECTRONIC WORK ORDER SYSTEM. Contractors will be required to have high-speed access to the Internet in order to receive W ork O rders and submit proof of compliance with Work Orders,including photographs of completed work. Minimum specifications required for electronic Work Orders are: a. Digital cameras capable of at least 1 mega.-pixel with image resolution of 1280 x 1224 that adds date stamp on the face of the picture. b. A high capacity color printer capable of 200 imprints with map image per day. C. WIRELESS READY-The ability to accept Work Orders and send completed Work Orders from a mobile wireless device,laptop, or other similar equipment. i. Work Orders will be provided to Contractor(s) electronically via the Internet, and the City will receive completed Work Orders from the Contractor,with all required documentation,in the same manner. ii. Contractors will be responsible for ensuring and maintaining compatibility with the City's system. iii. The City reserves the right to accept or deny completed Work Orders that are submitted by any other means. d. CELL PHONE REQUIREMENTS i. Contractor shall have an Android or iPhone cellular telephone. ii. All cellular telephones used for contracted mowing shall have: a. An active intemet 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; Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 17 of 26 Rev.11118 C. A camera that can take pictures at 12 rnegapixels 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. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 18 of 26 Rev.11118 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 Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 19 of 26 Rev.11118 the City,the photographs must be submitted through the electronic Work Order system on the same day the photographed Project Area was mowed. Uploading Work Order system photographs at a later date,other than the day it was completed,will not be considered as evidence for payment. 2. All photographs must be time and date stamped. 3. Inspection reports documenting Incomplete Work or poor performance will have photographic evidence attached. The Contractor's response will include photos of the precise location of the corrected work, framed with the same background as the original inspection photograph. 4. Failure to provide photographic evidence upon request will result in non-payment for the service location until proper photographic evidence is submitted to the City. XXI. POINT OF CONTACT I. For accessibility,the Contractor shall designate at least one(1)person as Point of Contact with a current office phone number or cell phone number and an E-mail address. 2. The Contractor's Point of Contact shall respond to calls, voicemails,and E-mails within one(1)hour during normal business hours. 3. The person designated as the Point of Contact shall be identified in the bid submittals. 4. Notification of any changes in contactor's contact number or personnel shall be emailed to CFWMowing(&FortWorthTexas.gov or hand delivered to the Contract Manager within 3 business days of the change. XXH. 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. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 20 of 26 Rev.11118 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. G. 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 maw 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. XXtH. MEETINGS Contactor will attend mandatory informational meetings scheduled by Contract Manager to support City of Fort Worth mowing initiatives. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 21 of 26 Rev.11118 EXHIBIT B CITY OF FORT WORTH BID SOLICITATION(ITBIRFP NO. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 22 of 26 Rev.11118 FORt*T WORTR;, CITY OF FORT WORTH I PURCHASING DIVISION INVITATION TO BID NO. 19-0037 NORTH DISTRICT TRAFFIC DIVIDERS GROUND MAINTENANCE BID CLOSING DATE: JANUARY 17, 2019 For further information contact: Jeff Cope, Purchasing Supervisor FAX (817) 392-8440; email: FMSPurchasingRes Pon ses0fortworthtexas.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 17, 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. 19-0037, NORTH DISTRICT TRAFFIC DIVIDERS 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 prices) 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, Friday, January 4, 2019, at the Purchasing Conference Room, Lower Floor, City Hall, 200 Texas Street, Fort Worth, Texas, 78111. 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 BID SOLICITATION BID OPENING DATE AND TIME: 111 71201 9 1:30:00 PM BID NUMBER: 19-0037 BUYER:Jeff Cope PHONE M (817)392-8313 V Vendor Name: 5 City of Ft Worth E H N Address: 1 4200 SOUTH FREEWAY D p STE 2200 ❑ City,State Zip Code: FORT WORTH TX 76115 R T 0 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 North District Traffic Dividers 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,Friday,January 4,2019,at the Purchasing Conference Rcom,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 North District Traffic Dividers Ground Maintenance,par attached 1 EA specifications.Enter Grand Total Annual Cost from grounds maintenance locations price sheet,Attachment K. TOTAL: WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 90 DAYS. TERM OF PAYMENT: COMPANY: DELIVERY: SIGNATURE: TELEPHONE NUMBER: NAME AND TITLE- 19-0037 North District Traffic Dividers Ground 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 (MANBE) 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, Friday, January 4, 2019, at the Purchasing Conference Room, Lower Floor, City Hall, 200 Texas Street, Fort Worth, Texas, 78111. 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 19-0037 North District Traffic Dividers Ground 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, 19-0037 North District Traffic Dividers Ground Maintenance Page 4 of 67 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. 5.0 MODIFICATION OR WITHDRAWAL OF BIDS 5.1 Modification of Bids: Bids may be modified in writing at any time prior to the Due Date. 5.2 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 19-0037 North District Traffic Dividers Ground Maintenance Page 5 of 67 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. 19-0037 North District Traffic Dividers Ground Maintenance Page 6 of 67 9.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS 9.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 9.2 Payment and/or Performance Bonds:When Payment and/or Performance Bonds are required, the successful Bidder must provide the bonds, in the amounts and on the conditions required, within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 9.3 Minority Business Enterprise (MBE) Documents: If an MBE goal has been established for the bid, the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within two (2)City business days after the bid opening date, exclusive of the bid opening date, to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 9.4 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution, the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. 10.0 PROTEST PROCEDURE 10.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 10.2 The vendor must submit any protest in writing to the Purchasing Manager within 14 days after the vendor knows, or should have known, of the facts relating to the proposed action or award. 10.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing action through telephone discussions, mail, email or in person meetings with the protesting vendor. 10.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting vendor of the right to review by a panel made up of City staff. 10.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department, the Purchasing Manager and any other appropriate personnel or employees of the operating department. 10.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the vendor does not agree, the protesting vendor will be invited to attend the City Council meeting at which the recommended award is to be presented to the City Council and make known his/her concerns. The protesting vendor will be instructed to arrive prior to the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document(M&C) in question. 10.6.1 Vendors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: 19-0037 North District Traffic Dividers Ground Maintenance Page 7 of 67 http,/ffortworthtexas.govlcitysecretarylinfoldefault.aspx?id=2514 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 15-0037 North District Traffic Dividers Ground Maintenance Page 8 of 67 PART-III SCOPE OF SERVICESISPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City)seeks bids to finalize non-exclusive Agreements for North District Traffic Dividers 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"P'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 1 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 19-0037 North District Traffic Dividers Ground Maintenance Page 9 of 67 Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality(TC EQ). 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 19-0037 North District Traffic Dividers Ground Maintenance Page 10 of 67 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 items) 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. 19-0037 North District Traffic Dividers Ground Maintenance Page 11 of 67 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: 1$.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 items) 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 19-0037 North District Traffic Dividers Ground Maintenance Page 12 of 67 19.1.7 MinorityNVoman 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 17, 2018 Pre-Proposal Conference January 4, 2019 at 10:00 AM (Local Time) Deadline for Questions January 10, 2019 at 5:00 PM (Local Time) Answers Posted January 11, 2019 ITB Due Date January 17, 2019 by 1:30 PM (Local Time) Proposal Evaluations January 18-25, 2019 Recommended Vendor Selection January 26, 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. 19-0037 North District Traffic Dividers Ground Maintenance Page 13 of 67 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 January 10, 2019, 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 T❑ THE ADDRESS BELOW OR FAXED T❑ 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(a}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— 19-0037. 19-0037 North District Traffic Dividers Ground Maintenance Page 14 of 67 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 CIO ("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 CIO is enclosed with the submittal documents. The form is also available at http:l/www.ethics.state.tx.uslforms/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 NIA in each of the areas on the form. However, a signature is required in the#4 box in all cases. 19-0037 North District Traffic Dividers Ground Maintenance Page 15 of 67 CONFLICT OF INTEREST QUESTIONNAIRE FORM GHQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg.. Regular Session. CFFICEUSE ONLY This questionnaire is being filed in accordancewilh Chapter 176,Local Government Code, cafe a�eve by a vendorwho has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filedwith the records administrator of the local governmental 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. .!j Name of vendorwho has a business relatlonshlpwith local governmental entity. 21 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally Filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section Is being disclosed. Name of Officer This section (item 2 including subparts A, R. 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 F-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? FlYes F-1 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more? Yes LINo D. Describe each employment or business and family relationship with the local government officer named in this section. 4 Signature of vendor doing business with the governmental entity Date Adopted 827121715 19-0037 North District Traffic Dividers Ground Maintenance Page 16 of 67 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 19-0037 North District Traffic Dividers Ground 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? "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) 19-0037 North District Traffic Dividers Ground 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 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 19-0037 North District Traffic Dividers Ground Maintenance Page 19 of 67 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:Hfortworthtexas.govlpurchasinand 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:Ilfortworthtexas.govlpurchasin�l 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 5— 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" 19-0037 North District Traffic Dividers Ground Maintenance Page 20 of 67 ** TIP: The search is recommended to use the "contains field', in order to search all catewcory 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 19-0037 North District Traffic Dividers Ground Maintenance Page 21 of 67 ATTACHMENT— F 19.0037 - 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; FMIS PurchasingRes ponses(&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: E7 Do not sell the item(s) required. E] Cannot be competitive. F7 Cannot meet the Specifications highlighted in the attached Bid. 0 Cannot provide Insurance required. F7 Cannot provide Bonding required. F7 Cannot comply with Indemnification requirements. E7 Job too large. E] Job too small. E] Do not wish to do business with the City. Other reason. Company Name: Authorized Officer or Agent Signature: Telephone: ( } FAX Number: ( } 19-0037 North District Traffic Dividers Ground Maintenance Page 22 of 67 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 19-0037 North District Traffic Dividers Ground Maintenance Page 23 of 67 ATTACHMENT H — TECHNOLOGY CAPABILITY Electronic Work Orders — The City may utilize electronic work orders. ALL CONTRACTORS MIDST 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 19-0037 North District Traffic Dividers Ground Maintenance Page 24 of 67 ATTACHMENT I — COMPANY INFORMATION Company's Name: Company's Corporate Address: Company's Local Office Address: Phone: Fax: Email: Monitored 2417 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 19-0037 North District Traffic Dividers Ground Maintenance Page 25 of 67 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 (MIWBE) 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 MIWBE; ■ The tier level, i.e., 1 st, 2nd, 3'd, etc. (if other than 1 st tier, the plan must clearly identify the firm name and tier from whom the MIWBE firm will be receiving payment) ■ The sub-contract value or percentage of work for each MANBE participant; ■ State the MIWBE percentage level of commitment achieved; and ■ Provide the same identification information for all non-MANBE 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 Fart Worth's MAN BE Office at (817) 392-2674 or email mwbeoffice@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 (5) 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 19-0037 North District Traffic Dividers Ground Maintenance Page 26 of 67 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 MIWBE 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. 19-0037 North District Traffic Dividers Ground Maintenance Page 27 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 (MIWBE) 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. MNVBE PROJECT GOALS The City's MNVBE 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 MNYBE subcontracting participation, or 2. Meet or exceed the above stated M/WBE 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 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 Farm, if goal is received no later than 2:00 p.m., on the second City business day met or exceeded: after the bid openi ng date, exclusive of the bid openi ng 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: 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 openi ng date, exclusive of the bid o pe n i ng 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(8 17)212-2674. 19-0037 North District Traffic Dividers Ground 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 Offeror PROJECT NAME: MIWIDBE11 NON-MIWIDBE BID DATE City's MMfBE Project Goal: Offerees MIWBE 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. M11NBEs 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 15t 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 M1WBEs 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 MIWBE firm, including MIWBE 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. 19-0037 North District Traffic Dividers Ground Maintenance Page 29 of 67 Fox_�r Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-MIWBEs. MANBE firms are to be listed first, use additional sheets if necessary. Please note that only certified M/WBEs will be counted to meet an MIWBE goal. NCTRCA N SUBCONTRACTOR/SUPPLIER ° Company Name T n Detail Detail Address i Subcontracting Supplies Telephone/Fax e B e M VV Work Purchased Dollar Amount Email r E E B Contact Person E El 19-0037 North District Traffic Dividers Ground Maintenance Page 30 of 67 FORTWORTH Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-MIWBEs. MAN BE firms are to be listed first, use additional sheets if necessary. Please note that only certified MIWBEs will be counted to meet an MIWBE goal. NCTRCA N SUBCONTRACTORISUPPLIER ° Company Name T n Detail Detail Address i Subcontracting Supplies M W M Dollar Amount Telephone/Fax e B B VV Work Purchased Email r E E s Contact Person E El El 19-0037 North District Traffic Dividers Ground Maintenance Page 31 of 67 FORT`NORTH 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 Change/Addition 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 andlor Fax Address E-mail Address Cltylstatelzip Date 19-0037 North District Traffic Dividers Ground Maintenance Page 32 of 67 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: VANIDBE NON-MA(VIDBE BID DATE City's M1WBE 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 MM/BE(s) on this contract, the payment thereof and any proposed changes to the original MANBE(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 M/WBEs 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 19-0037 North District Traffic Dividers Ground Maintenance Page 33 of 67 FORT WORTH City of Fort Worth MinoritylWomen Business Enterprise M/WBE Good Faith Effort Form OFFEROR COMPANY NAME: Check appllcabla block to describe Offeror PROJECT NAME: MMiDBF NON-MWOBE BID DATE City's M1WBE Project Goal: Offeror's M/wBE Project Commitment: PROJECT NUMBER If the Offeror did not meet or exceed the I IWBE subcontracting goal for this project, the Offeror must complete this form. If the Offeror's method of compliance with the IVIMBE 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 MIWBE or non-MNVBE. (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 19-0037 North District Traffic Dividers Ground Maintenance Page 34 of 67 2.) Obtain a current(not more than two (2) months old from the bid open date) list of MfWBE subcontractors and/or suppliers from the City's M/WBE Office. Yes Date of Listing 1 / No 3.) Did you solicit bids from MfWBE 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 MfWBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from MNVBE 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 Ilst to include name of MIWBE firm,parson contacted,phone number and date and time of contact.) No 5.) Did you solicit bids from MANBE 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 IVIIwBE 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 MNVBE 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 NIIIWBE 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 andlor"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 B.) Did you provide the information regarding the location of plans and specifications in order to assist the MNVBEs? Yes No 19-0037 North District Traffic Dividers Ground Maintenance Page 35 of 67 9.] Did you prepare a quotation for the MINNBEs to bid on goodstservices 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 MIWBE Office to address the corrections needed.) No 11.}Submit documentation if M1WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the IV11WBE 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 necessar36 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 MIWBE 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 19-0037 North District Traffic Dividers Ground 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 M1WBE(s) listed was/were contacted in good faith. It is understood that any M1WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M1WBE 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 19-0037 North District Traffic Dividers Ground Maintenance Page 37 of 67 FORT WORTH CITY OF FORT WORTH MIWBE Joint Venture Eligibility Form Ali questions must be answered;use"NIA"if not applicable. Name of City project: A joint venture form must he completed on each pmject 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 'Qint venture MIWBE firm Non-MIWBE name• firm name: Business Address: Business Address: City,State,Zip: City,State,Zap: 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 MI"E: Describe the scope of work of the non-M1"E: 19-0037 North District Traffic Dividers Ground Maintenance Page 38 of 67 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: 5.Identify by name,race,sex and firm those individuals(with titles)who are responsible for the day-today management and decision malting 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 Citys M11NBE 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. 19-0037 North District Traffic Dividers Ground Maintenance Page 39 of 67 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_ _____________ Name a wwBE ame o iirm Nf non-IWWBE 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. 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U p W F m m ❑ ¢ W Q Q 2 ¢ A ti LL' J ❑ w ° J W ®1 ~ N N z co m m J LU J m r r W ❑ wz LUfl ¢ w m w w O ¢ Q ¢ cc US = J d 0 0 p z W ❑� i.7 w � J a LL` co z Q [: LLl Z Q J Q J LL SSYGG aa ❑ ❑ ❑ Q W U r o w m m {] U U d Lli LL U` (� = 2 2 2 J J Z M 2 Y d' 0 (f N ° N Q a! m LU 0 W J U g LL' Q ¢ a R' w d [L LL m R' M w M N Q w LU m m 0 ad ag c� W a ❑z CL¢ Z W d N LL. L°!J U 2 W W J J .r � � W U N p e6 W Ti .6 W 4 Q LmIJ W Q Z a , X ?t w z (a� j p 0) a aa' at C7 C7 {j a m Er LLm z w us 0 G ❑ J LL' ¢2 Q Q Y Y Z 2 > LL W Z= 0)2 ❑ 0 ,6 m ❑ fI! Y W `� W Q Q w Q {7 n U r.U U m ❑ 2 J W ❑ W ❑ m F m m c6 m z LU ❑ z J m J m J m ❑ r ad W LL N Z N zZ ❑m z Q Q ❑ ❑ j 0 w U m U Z J z Z i7¢ Q ¢ �+- ❑ Q N W cr= W W J W m W ❑ ¢ m N } 2 Z ❑ ?p F � Q U J a! ❑Q ❑ 2 ¢ ❑ ❑ w (� U fI� z WZ 0 (% to JH JJ LL m2 =Z x m Z m Z ¢ ❑ J J ¢ J� ¢ Q� 0 ❑N ❑¢ Q W W -❑ �❑ H❑ Q m w m m LL U 022 W❑ LL 0 0 2 2 F 2 m 2 m -i w -j LL 20 C4 cn v m m n m m v n n v m n z § § lu ] o [ � k � 2 t $ # z o 2 o e 5 0 $ § j qlf ■ LU LLI LU -i o D § § k k § ¥% f © 01z a $ } z 2 $ g _ « Er k k > m m § § k [ } cr m k k LU k k w w y y § § V z k z § CL cn §LUw 7 f Q L) 8 k § k A = u LL LL > � ED ^ / k ® § $ ) k \ /� m > k cn \ G ) \ C3 —j o m CO m LU [ J �§ f ( \ § g { � m �§ m ± z _ > M � zk}2 0.§ t kk k § e e IN ; R n 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 North District Traffic Dividers Maps, Attachment M. 2.0 PRE-BID CONFERENCE-A pre-bid conference will be held at 10:00 AM, Friday, January 4, 2019, 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. 19-0037 North District Traffic Dividers Ground Maintenance Page 41 of 67 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(ITBIRFP 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: I. This Non-Exclusive Mowing and Grounds Maintenance Services Agreement 2. Exhibit A—Contract Specifications 3. Exhibit B—City of Fort Worth Bid Solicitation(ITBIRFP 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(ITBIRFP 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 19-0037 North District Traffic Dividers Ground 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 1TBIRFP No. ("Contractor's Response")is attached hereto as Exhibit C,and incorporate herein for all purposes. 2.3 The City shall issue a written work order establishing the locations, schedule, and fee to be paid to the Contractor for each Project Area to be completed by Contractor C"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 CFWMowingAa,FortWorthTexas.gov 4.4 The City may complete a visual inspection of the Work to verify that it was completed in accordance with this Agreement. City agrees to pay all invoices for accepted work within 30 day of receiving the invoice. The City will only pay for work that is completed in accordance with the terms and specification contained in this Agreement. Contractor shall not be paid for any Incomplete Work or for failure to complete a location within the Cycle dates for each mowing Cycle. The City shall notify Contractor of any error in an invoice no later than the 21'day after the date the City receive the invoice. SECTION 5 LIABILITY AND INDEMNIFICATION 19-0037 North District Traffic Dividers Ground 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, FIND 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. 19-0037 North District Traffic Dividers Ground 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. 19-0037 North District Traffic Dividers Ground Maintenance Page 45 of 67 SECTION 9 LICENSES AND PERNUTS 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 4240 South Freeway,Suite 2240 Fort Worth,Texas 76115 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth,Texas 76142 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 19-0037 North District Traffic Dividers Ground Maintenance Page 46 of 67 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 19-0037 North District Traffic Dividers Ground Maintenance Page 47 of 67 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 1&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. 1$.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 19-0037 North District Traffic Dividers Ground Maintenance Page 48 of 67 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 cerhfes that Contractor's signature provides written verification to the City that Contractor: (I)does not boycott Israel;and(2)will not boycott Israel during the term of the contracL SECTION 23 IMNUGRATION NATIONALITY ACT 23.1 Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. (SIGNATURES ON FOLLOWING PAGE) 19-0037 North District Traffic Dividers Ground Maintenance Page 49 of 67 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: 19-0037 North District Traffic Dividers Ground Maintenance Page 50 of 67 EXHIBIT A CONTRACT SPECIFICATIONS 1. 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. 19-0037 North District Traffic Dividers Ground Maintenance Page 51 of 67 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 forproject 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, radia, and TX DOT highway information boards. 14. Project Area—The specific geographic area(s)of the City designated to receive specific grounds maintenance services. 15. Trash and Litter—Any debris within a Project Area including,but not limited to, paper, plastic,cans,bottles(including broken glass),cardboard,rags,bottle tops,tires,limbs and branches 4 inches or smaller in diameter, rocks, and other similar solid materials and foreign debris which is not intended to be present as part of the landscape.This is inclusive of the entire Project Area, including streets, sidewalks, curbs, hillsides, ditches, creeks, etc. In accordance with City Ordinance, garage sale signs found in median areas are also considered Trash and Litter. III. EQUIPMENT I. Contractor shall have available all necessary equipment and materials upon arrival at a Project Area to perform the Services in this Agreement. 2. All equipment shall be in good repair at all times and be operated by responsible employees. 3. Contractor shall maintain sharp blades on all mowing equipment to cleanly cut,not tear, the blades of grass 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 I. Contractor shall remove Trash and Litter,mow,edge,and trim every 7, 14,21,28,or 42 days during the Mowing Season,as specified in the Work Order, 19-0037 North District Traffic Dividers Ground Maintenance Page 52 of 67 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 Iturf 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. 19-0037 North District Traffic Dividers Ground Maintenance Page 53 of 67 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. I& 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 19-0037 North District Traffic Dividers Ground Maintenance Page 54 of 67 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 'Kinch,nor cut back from the edge of walks,trails,drives,or curbs more than 114 inch. All concrete sidewalks,trails,curbs,walking paths,and steps must be mechanically edged,exposing the concrete surface.The Contractor may use a disc edger on a mower or similar device to edge the median as long as the produced edge meets the standard set forth in this section. All materials dislodged by edging shall be removed from the site or blown back onto grass areas,as to leave a clean appearance.Concrete sidewalks shall be edged on both sides. VII. TREES AND SHRUBS No pruning of any tree shall be permitted, unless specified otherwise in this Agreement. Broken limbs or tree debris,along with any trash or litter,shall be removed from ornamental flower and planting beds, as well as from the entire Project Area during each mowing Cycle. Mulch rings shall be reshaped prior to leaving a Project Area when dislodged by mowing equipment. Failure to replace damaged trees shall be considered a breach of this Agreement and the Contractor shall be assessed for damages. Slight or moderate damages to trees will result in assessment of damages. VIII. ASSESSMENT OF DAMAGES FOR DAMAGE TO TREES I. 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 19-0037 North District Traffic Dividers Ground Maintenance Page 55 of 67 the trunk into the cambial layer%x"to 2"in width,but less than 113 trunk circumference, or breaking of limbs less than 2" in diameter, or limbs less than 113 trunk caliper, whichever is less; $340.00 for each instance of moderate damage to the tree(s), which in the opinion of the City Forester contribute to the poor health and reduced longevity of the tree,examples include,but are not limited to, scaling of the trunk into the cambial layer greater than 2"but less than 113 of the trunk circumference, or breaking of limbs more than 2"in diameter but less than 113 caliper. Severe damage or removal of trees is subject to the payment of damages in the amount of$204.00 per diameter inch of trees removed or damaged for trees less than 30", $400.00 per diameter inch of trees greater than 30". Severe damage or removal shall include,but is not limited to, scarring of the trunk to the cambial layer greater than 113 trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch greater than 113 trunk caliper.Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back according to the ANSI standards. Trees greater than G"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 I. 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. 19-0037 North District Traffic Dividers Ground Maintenance Page 56 of 67 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. XH. 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: 240 Texas Street,Fort Worth TX 76142 (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. 19-0037 North District Traffic Dividers Ground Maintenance Page 57 of 67 3. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. XVII. WORK ORDERS I. A Work Order shall consist of a written document, specifying the type of work, Contractor's name,Project Area,maintenance Cycle,beginning and end dates,price to be paid by the City and comments. 2. The Contractor shall not begin work on the Project Area until a Work Order is received by the Contractor from the City. 3. Failure to obtain a Work Order prior to beginning a maintenance Cycle may result in non- payment for work performed.. 4. Electronic Work Orders — The City may utilize electronic work orders. ALL CONTRACTORS MUST HAVE THE TECHNOLOGICAL CAPABILITY TO USE THE CITY'S ELECTRONIC WORK ORDER SYSTEM. Contractors will be required to have high-speed access to the Internet in order to receive W ork O rders and submit proof of compliance with Work Orders,including photographs of completed work. Minimum specifications required for electronic Work Orders are: a. Digital cameras capable of at least 1 mega.-pixel with image resolution of 1280 x 1224 that adds date stamp on the face of the picture. b. A high capacity color printer capable of 200 imprints with map image per day. C. WIRELESS READY- The ability to accept Work Orders and send completed Work Orders from a mobile wireless device,laptop, or other similar equipment. i. Work Orders will be provided to Contractor(s) electronically via the Internet, and the City will receive completed Work Orders from the Contractor,with all required documentation,in the same manner. ii. Contractors will be responsible for ensuring and maintaining compatibility with the City's system. iii. The City reserves the right to accept or deny completed Work Orders that are submitted by any other means. d. CELL PHONE REQUIREMENTS i. Contractor shall have an Android or iPhone cellular telephone. ii. All cellular telephones used for contracted mowing shall have: a. An active intemet 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; 19-0037 North District Traffic Dividers Ground Maintenance Page 58 of 67 C. A camera that can take pictures at 12 rnegapixels 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. 19-0937 North District Traffic Dividers Ground Maintenance Page 59 of 67 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, Cali 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 19-0037 North District Traffic Dividers Ground 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 I. For accessibility,the Contractor shall designate at least one(1)person as Point of Contact with a current office phone number or cell phone number and an E-mail address. 2. The Contractor's Point of Contact shall respond to calls, voicemails,and E-mails within one(1)hour during normal business hours. 3. The person designated as the Point of Contact shall be identified in the bid submittals. 4. Notification of any changes in contactor's contact number or personnel shall be emailed to CFWMowing(&FortWorthTexas.gov or hand delivered to the Contract Manager within 3 business days of the change. XXH. 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. 19-0037 North District Traffic Dividers Ground 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. G. 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 maw 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. XXtH. MEETINGS Contactor will attend mandatory informational meetings scheduled by Contract Manager to support City of Fort Worth mowing initiatives. 19-0037 North District Traffic Dividers Ground Maintenance Page 62 of 67 EXHIBIT B CITY OF FORT WORTH BID SOLICITATION(ITB/RFP NO. 19-0037 North District Traffic Dividers Ground Maintenance Page 63 of 67 EXHIBIT C CONTRACTOR'S RESPONSE TO CITY OF FORT WORTH ITBIRFP NO. 19-0037 North District Traffic Dividers Ground 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 14%. 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. G. The Contractor shall furnish the Purchasing Manager a certificate of insurance documenting the required insurance prior to the commencement of Services. 19-0037 North District Traffic Dividers Ground 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 (l 0)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 Sid 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. 19-0037 North District Traffic Dividers Ground 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. 19-0037 North District Traffic Dividers Ground Maintenance Page 67 of 67 EIXHIBIT C CONTRACTOR'S RESPONSE TO CITY OF FORT WORTH ITBIRFP NO. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement 23 of 26 Rev.11118 FoRTWORTH, IrF"� CITY OF FORT WORTH!PURCHASING DIVISION INVITATION TO BID-NO. 19-0037 NORTH DISTRICT TRAFFIC DIVIDERS GROUND MAINTENANCE BID CLOSING DATE: JANUARY 17,20'19 For further information contact: Jeff Cope, Purchasing Supervisor FAX(817)392-8440; email: FMSPurchasin Res onses Qrtworthtexas. ov 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 Purchasin Division by 1.30 P.M. January 17 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. 19-0037, NORTH DISTRICT TRAFFIC DIVIDERS 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: ci, LC, 7C27-Federal ID Number(TIN): -2 Company's Au horized Agent Name and Title Scala, I n w Signature Date: 'g elephone Number: ��?4 1 Email addre 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, Friday, January 4, 2019, at the Purchasing Conference Room, Lower Floor, City Hall, 200 Texas Street, Fort Worth,Texas, 75111. Contents- ■ Part—I : Bid Solicitation/Offer • Part—1l : Instruction to Bidders ■ Part—111 :Scope of Services/Specifications ■ Part—IV :Standard Purchasing Terms and Conditions • Part—V :Attachments Sia SOLICITATION Bin oPFN)N-DA'T.E AMD-TIM : di©NUMBER: 79.003 BUYER:Jeff Cope PHONE#: (817)392-8313 V Vendor Name: E Y Y 5 City of Ft Worth NAddress:• H � 1 4200 SOUTH FREEWAY ❑ City,State Zip Code: p STE 2200 R Z FORT WORTH TX 78115 7 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 North District Traffic Dividers 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,Friday,January 4,2019,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 North District Traffic Dividers Ground Maintenance,per attached specifications.Enter Grand Total Annual Cost from grounds maintenance 1 EA locations price sheet,Attachment K. G('j TOTAL: ��CG WE AGREE TO FURNISH ANY OR ALL OF THEITEMS QUOTED AT THE PRICES TERM OF PAYMENT: MUST BE HELD FIRM FOR PERIOD OF 90 DAYS, SHOWN.QUOTE DELIVERY: COMPANY: t SIGNATURE: TELEPHONE NUMBER: -7 _ ` —I SSI] NAME AND TITLE: '�t.tttit r- 19-0037 19-0037 North District Traffic Dividers Ground Maintenance Page 2 of 67 � 0 o 00 o 0 � � . 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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 175. A copy of the Questionnaire Form,CIO is enclosed with the submittal documents.The form is also available at http•//www.ethics.state.tx.uslforms/CIQ_.at df. 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 NIA in each of the areas on the form. However, a signature is required in the#4 box in all cases. 19-0037 North District Traffic Dividers Ground Maintenance Page 15 of 67 CONFLICT OF INTEREST QUESTIONNAIRE FORM CICS For vendor doing business with local governmental entity This gerestivnnaire reIL'ts cfranges made is the taw by HAL 23,84th Leg,, RegularI ©FFICEiISEQAILY This questionnaire is being filed in accordance with Chapter 176,Local GovernDate f3sceived F' a vendorwho has a business relationship as defined by section 178.001(1-a)governmental entity and the vendor meets requirements under Section 176.006By law this questionnaire must be filedwith the records administrator of the local gona 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 Govarnment Code. A vendor commits an offense It the vendor knowingly violates Section 176,008, Local Government Code,A n offense under this section is a misdemeanor. f Name of vendor who has a business relationship with local governmental entity. s X 1 TE7f-hS(k-T f ort AL �{.G � Check this box If you are filing an update to a prevl�usty flied questionnaire. {The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 71h business day after the date on which you became aware that the originally filed questionnaire was r1sthe plete or inaccurate.} al government off leer about whom the Information in this section Is being disclosed. 0 X Name of Officer (Item 3 including subparts A, g, G, & D) must be completed for each officer with whom the vendor has an or other business relationship as defined by Section 178,001(1-a),Local Government Code. Attach additional Pagess Farm CIQ as necessary. A. al government officer named in ibis section receiving or likely to receive taxable income,other than investment I income,from the vendor? DYes ElNo B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the focal government officer named in this section AND the taxable income is not received from the local governmental entity? ril Yes E] No �j /A- C. is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more? Yes No ( 'I'r` D.Describe each employment or business and family relationship with the ictal government officer named in this section. 1 4, 4 R Big of von r in bNsines Ith the �2 9 governmental entity Adopted 617120 i 5 19-0037 North District Traffic Dividers Ground Maintenance Page 16 of 67 ATTACHMENT-B BIDDER'S CONTACT INFORMATION Bidder's Name: e 3 LL Bidder's Local Address. Phone: GFax: Email: m� Name of person assigned specifically for this Agreement: Name/Title *Iy4- Phone: `Z l of- I Fax: Email: Name of persons for renewal information and/or billing questions: Name/Title al(iyCCC SWAxzG. /Q Phone: A- t q t 5C'� Fax: Email: 5k— _wa Namelfitle L %'W Phone: L - — Fax: Email: ►,•J0. r _CAYt Gr 5PF!V!, Sig ture Printed Name Date 19-0037 North District Traffic Dividers Ground Maintenance Page 17 of 67 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 considerationof 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- =Numb 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. pany Name) (Date) ( nature) C]i � (Printed Name and e} �� 19-0037 North District Traffic Dividers Ground 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 Name of Contact 0- D Title of Contact Present Address '"+ City, State,Zip Code Telephone Number (Z .- Fax Number( } Email ` * V!)11,1 Al 2. Company's Name Name of Contact Title of Contact Present Address t--N-% — City, State,Zip Code !� Telephone Number ql J Fax Number( ) Email �+L 1 �"'► 3. Company's Name Name of Contact kA Title of Contact Present Address b City, State,Zip Code y =Nunmib2er(C:1 Telephone Number (Zi ) tob-- Fa Email 19-0037 North District Traffic Dividers Ground Maintenance Page 19 of 67 ATTACHMENT —E Cit of Fort North Bidder Re istration Directions There are two ways that any business can bid on an event with the City of Fort Worth I. Access htt :Ilfortworthtexas. o2vl urchasin and view listed Bids & Requests without registering 2. Registering to become a Bidder To reLilster as a Bidde ilease follow the below steps: Step 1 —Access htt ://fortworthtexas. oil urchasin 1 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 e 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„ 19-0037 North District Traffic Dividers Ground Maintenance Page 20 of 67 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 15 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 ��fl1Na2 V ck �JaCls Can� ATTACH ADDITIONAL SHEETS AS NEEDED 19-0837 North District Traffic Dividers Ground Maintenance Page 23 of 67 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 n gapixels and storage capacity of 128 gigabits or more Yes. No Print NameUA ` Signatur Date 2 19-9037 North District Traffic Dividers Ground Maintenance Page 24 of 67 ATTACHMENT I — COMPANY INFORMATION Company's Name: 43 r C_ Company's Corporate A dress: L2-S 4A1-d _b4L'Ue_ r ` 7 5Zz7 Company's Local Office --� Address: X 12— 1f G�11�.� I s e r IPS 1 Z 5�a� Phone:t-� "���- d5 Fax: Email: 4.4 f-,Qti •Lem Monitored 2417 Emergency Contact Rhone Number: Normal hours of operation:(DA- �1 Weekdays 6A r-740 Weekends Name of Designated Manager for this Agreement: ��. �� � Manager's contact information(phone and email): ��' {'� r[ ndwaksa+�� •� ��_ Manager's dates of employment with company: Manager's years of grounds maintenance: Manager's years of supervisory experience with company: 3 Number of year's company has provided established mowing services Number of crews 3 Number of persons per crew Number of skilled labor Number of non-skilled labor ?Z Are you able to mobilize additional crews as needed__I,,,_/yes No Explain (use more paper if needed) Print Name Signature Date �Z 19-0037 North District Traffic Dividers Ground Maintenance Page 25 of 67 ATTACHMENT J - M/WBE Goal BUSINESS DIVERSITY ENTERPRISE FBD ' 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 (MNVBEs) in the procurement of services $50,000 or more. This Request for Proposal consists of an M/WBE goal. The Minority/Women Business Enterprise (MfWBE) diverse goal is 5%b' The information shall be submitted with the proposal and shall include: ■ The company name, address, point of contact, email address, office and fax telephone numbers of the M/WBE subcontractors and suppliers; ■ A detailed description of the work to be performed or supplied by each M/WBE; ■ The tier level, i.e., 1 st, 2nd, 3rd, etc. (if other than 1 st tier, the plan must clearly identify the firm name and tier from whom the MNVBE 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 r Provide the same identification information for all non- 4/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 MMBE Office at (817) 392-2674 or email mwbeoffice fortworthtexas. ay. 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 count 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/Mlllil/MBE), however, forms a joint venture with one or more M/WBEs, the MANBE joint venture percentage participation will be counted towards the established goal. The a ry riate r ity of Fart Worth Joint Venture form must be submitted for review and 19-0037 North District Traffic dividers Ground Maintenance Page 26 of 67 approval in order for it to be counted. The City of Fort Worth strongly encourages joint ventures. If Offeror failed to meet the stated MANSE 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 MANSE participation. Failure to submit the MANSE participation information or the detailed explanation of the proposer's Good and Honest Efforts to meet or exceed the stated MANSE goal, may render the proposal non-responsive. The IV fWBE commitment will be part of the final weighted selection criteria. 19-0037 North District Traffic Dividers Ground Maintenance Page 27 of 67 FORT WORTH City of Fort //North MinOritylWomen Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR OFFERORS APPLICATION OF POLICY if the total dollar value of the contract is$50,400 or more,then a MIWBE subcontract'-rig goal is ap licable. POLICY STATEMENT it is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises(MIWHE)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 MIWBE goal on this project is °Ia of the base bid value of the contract. COMPLIANCE TD 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: I. 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 R IgUIRED DOCUMENTATION The applicable documents must be received by the Purchasing Division, within the following tunes 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 dateltime receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. A faxed and/or emailed copy will not he' accepted. I . bcontractor Utilization Form,if goal is received no later than 2:00 p.m., on the second City business day r exceeded: after the bid o ening date,exclusive of the bid o ening date. od Faith Effort and Subcontractor received no later than 2:00 p.m.,on the second City business day tion Form,if participation is less than atter the bid opening date,exclusive of the bid opening date. goal: od Faith Effort and Subcontractor received no later than 2:00 p.m.,on the second City business daytion Form, if no Manticipation; after the bid openin date,exclusive of the bid openin da#e.me Contractor Waiver Form, if you will received no later than 2:00 p.m.,on the second City business daym all subcontractin Isu tier work. after the bid openin date,exclusive of the bid o enin date.nt Venture Form, if goal is met or received no later than 2:00 p.m., on the second City business day ed: 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 REQUIRES]MBE DOCUMENTATION WILL RESULT iN THE BID BEiNG CONSIDEREE] 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. 19`0037 North District Traffic Dividers Ground Maintenance Page 28 of 67 FORT WORTH City of Fort Worth Minority/Women Business Enterprise M/WBE Subcontractors/Suppliers Utilization Form OFFEROR COMPANY NAME: Check applicable block to describe t Offeror FW IDBE NON-MMIDBE PR J NAIVE: 8115 DATE (.� .1'Z r►C•� " ' v' PROJECT NUM 6E ' R Cit7s MIWBE Project Gaal_ Offerors MIW Project Commitment: % J Identify ail 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 MIWBE 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 1'tier, a payment by a subcontractor to its supplier is considered 2 nd tier. The prime contractor is responsible to provide proof of payment of all tiered subcontractors identified as a MIWBE and counting those dollars towards meeting the contract committed goal. ALL MMBEs 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 MIWBE 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. 19-4037 North District Traffic Dividers Ground Maintenance Page 29 of 67 FOR` T�Q Offerors are required to identify ALt. subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-MIWBEs. MNv firms are to be listed first, use additional sheets if necessary, Please note that only certified MNUBEs will be counted to►neat an MNVBBE E goal. SUBCONTRACTORISUPPLIER NCTRCA N 0 Company Name T n Address I DetailnrDetail Telephone/Fax a M W ly Subcontracting Supplies Email r e B Work Purchased - Dollar Amount Contact Person E E B E Q El EJ El 0 El EJ 0 Q EJ I 49-0037 North District Traffic Dividers Ground Maintenance Page 30 of 67 FOR'rWORTIJ Offerers are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-MIWBEs. M/WBE firms are to be listed first,use additional sheets if necessary. Please note that only certified MMIBEs will be counted to meet an MIWBE goal. NCTRCA N S U BC ONTRACTOWS UP P LI ER Company Name T n Detail Detail Address i Subcontracting Supplies Dollar Amount TelephonelFax e M W N Work purchased Email r B B E E B Contact Person E El El ❑ ❑ ❑ 1 19-0037 North District Traffic Dividers Ground Maintenance Page 31 of 67 OH Total Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Nen-M/WBE Subcontractors/Suppliers $ TOTAL_ DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS I $ �J/A 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 Approta! o Change/Addition form. Any unjustified change or deletion shall be a material breach of contract and may result [iThe n 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 for under Federal, State or Local laws concerning false statements. Any failure to Comply and with initiating to dinanice 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 Signaturent A�Y)PY- r Printed Signature Iit e Contact imamehitie(if different) S Comp Harris In t+1G [ir1L �[ t Telephone and/or Fax -1q 17 UGC Ij �j S 1 fir[ 7E-na Address G •/\ L � Ci Wstatedip Date 19-0037 North District Traffic Dividers Ground Maintenance Page 32 of 67 FORT WORTH. City of Fort Worth Minority/Women Business Enterprise Specifications Prime Contractor Waiver Form OFFEROR COMPANY NAME: Check applicable block to describe prime r` VL 7 MlW1DBE NON-MIwIDBE PROC AME: BID DATE ❑r t � ��►G �►V ► YS � fry � �'• � � �� f City's MiWBE Project Goal: Offernr's MliNBE Project Commitment: f PROJECT NUMBER-�� 37 % % + 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 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. N The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MIWBE(s)on this contract, the payment thereof and any proposed changes to the original M/W BE(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 M/WBEs 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 ear. Authorized Signature Prin ed Signature 1I Img'y Trle Contact Name(if different) Compwy Name Phone Number Fax Number 5 i./LR Zv y Address Address S Citylstate ip Date 19-0437 North District'Traffic Dividers Ground Maintenance Page 33 of 67 FORT WORTH City of Fort Worth Minority/Women Business Enterprise M/WBE Good Faith Effort Form OFFEROR COINPAHY HANtE: f: Check applicable block to describe } Offeror P J C AME: mit'"I �YGi�► L p+ V i !7e?tI5' INNV�❑g>= /vary-n�wiDal= BiD DATE it 's MAVB Project Goal: eror's M BE Project Commitment: GJ PROJECT HUMBER % % ! � If the Offeror did not meet or exceed the M1WBE 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 "goad 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 2:40 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 MNVBE or non-MNVBE.fDO 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 pp Opportunities 19-0037 North District Traffic Dividers Ground Maintenance Page 34 of 67 2.) Obtain a current(not more than two (2) months old from the bid open date) list of M1WBE Syes bcontractors and/or suppliers from the city's M1WBE Office. Date of Listing11 No 3.) Did you solicit bids from MfWBE 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 MIWBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from MlWBE firms,within the subcontracting andlor supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are Jopened? 7� Yes (If yes,attach list to include name of M/WBE firm, ep rson contacted,phone number and date and time of contact.) No 5.) Did you solicit bids from MfWBE 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 andlor"undeliverable confirmation" documentation may render the GFE non-responsive.) No fi.) Did you solicit bids from M1WBE fig or to bid openingt ubbo ema I� exclusive of�hller areas e day the bids is are opened?listed, at least ten calendar days p Y opened? Yes (If yes,attach email confirmation to include name of WIMBE firm,date and time.1n addition,if an email is —)Lreturned as undeliverable,then that"undeliverable message"receipt must be printed directly from the email system for proper documentation. Failure to submit confirmation andlor"undeliverable message" documentation may render the GFE non-responsive.) No ENOTE: four methods identified above are acceptable for soliciting bids, and each selected metholied to the applicable contract. The Offeror must document that either at least two attempts sing two of the four methods or that at least one successful contact was made using one of hods in order to be deemed responsive to the Good Faith Effort requirement. NOTE: The Offeror must contact the entire W!WBE list specific to each subcontracting and supplier opportunity to be in compliance with questions 3 through 6. 7. id 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 M1WBEs? Yes No 19-0437 North District Traffic Dividers Ground Maintenance Page 35 of 67 9.) Did you prepare a quotation for the MIWBEs to bid on goods/services specific to their skill set? Yes (if yes,attach all copies of quotations.) .w:No 90.] Was the contact information on any of the listings not valid? _�K:Yes (if yes,attach the information that was not valid in order for the NIMSE Office to address the corrections No needed.) 11.)Submit documentation if MlWBE 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 necess11 ,and attach. Corrrpan Name Tele hone Contact Person Sco a of Work Reason for Rejection 77 4 San CtiC��e ADDITIONAi_ 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 hooks, 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 concerningfalse statements. Any failure to comply with this ordinance shall create a material breach of 99-0037 North District Traffic Dividers Ground 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 MIWBE(s) listed wastwere contacted in good faith. It is understood that any M1WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by IthCity's M1WB ffice. A prized Knature Printed Signature Title Contact Name and Title(if different) } LA ro�orwl q tocl I Cr tzCj rl Com y Name Phone Number Fax Number C 1 y Vn Address Em it Address CitylStatelZip Date 19-0037 forth District Traffic Dividers Ground Maintenance Page 37 of 67 FORT WORTH CITY OF FORT WORTH MIWBE Joint Venture Eligibility Form All questions mitst be answered;I#se"NZA"if not applicable. A�ZA_ Name of City project: A joint venture form must 6e completed on each project . RFP/Did/Purchasing Number: 1.Joint venture information: Joint Venture Name: , v I 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 bintventure name:) Brn' Non-M/WBE name: firm name: Business Address: Business Address: City,State,Zip: City,State,Zip: Telephone Facsitnile L•'-mailTele bone p Facsimile Cellular Cellular Certification Status: E-mail address lYame of Certifying Agency: 2.Seo a of work erformed by the Joint Venture: Describe tate co a of work of the M1WBE: I Describe the set)ae of work of the non-MIWBE: 19-0037 North district Traffic Dividers Ground Maintenance Page 38 of 67 Jennifer Segarra From: Jennifer Segarra <segarraandwatson@gmaii.com> Sent: Thursday,January 03,2019 12:12 PM To: Jennifer Segarra Subject: Fwd: Ricochet Fuel Begin forwarded message: From:Jennifer Segarra<segarraandwatson@gmail.com> Date:January 3,2019 at 10:37:24 CST To: Ryan Hooker<rhooker ricochetfuel.com> Subject:Re:Ricochet Fuel Thanks for talking with me this morning ryan. On Fri, Dec 28,2018 at 12:46 PM Ryan Hooker<rhooker@ricochetfuel,com>wrote: Hi Jennifer- f Thank you for reaching out. I have attached a flyer that details our goods and services as well the applicable account set up forms should you choose to further pursue.We welcome an opportunity to j serve your fueling needs. i Please let me know if you have any questions. �� �❑r E i Best Regards, i Ryan Hooker VP-Sales ICGCH {; w: [817)268-5910 I f VEL GFSTRISVTo#iS. N7 C:(817)879-6734 ! i Jennifer Segarra From: Jennifer Segarra rsegarraandwatson@gmail.coma Sent: Thursday,January 03,2419 12:12 PM To: Jennifer Segarra Subject: Fwd: Looking for fuel supplier Begin forwarded message: From:Jen nifer Segarra<segarraandwatson@gmail.com> Date: December 27,2018 at 11:05:14 CST To:Sheryl Hulsey rshulsey@lloc.biz> Subject:Re:Looking for fuel supplier Thank you for your response. I talk to a dispatch rep this morning and they informed me that you guys only deliver to fuel tanks.Thanks for your help. On Thu, Dec 27,2018 at 9:04 AM Sheryl Hulsey<shulse Iloc.biz>wrote: Good morning. Lucky Lady ail Company delivers gasoline and diesel fuel into customer's fuel storage tanks. Our bobtail trucks operate during daytime hours Monday through Friday. I What type of mowing equipment will you be operating? i Sheryl Hulsey �lQ, Fuel Sales " f Lucky Lady ail Company 817-744-7400 Dispatch c I I shulse Iloc.biz i 3 ! 817-475-6237 mbl s I z From: Jennifer Segarra [mailto:segarraandwatsoncagmail.com] Sent: Wednesday, December 26, 2018 1:56 PM To: Sheryl Hulsey Subject: Looking for fuel supplier s Hello Our company is currently looking for a fuel supplier for our mowing equipment.We will be doing work in the Fort Worth area. Please give us a email hack on you all services thank you and have a great day. f Thank you! Segarra And Watson International 2 Jennifer Segarra From: Jennifer Segarra a segarraandwatson@gmail.comy Sent: Thursday,January 03,201912:13 PM To: Jennifer Segarra Subject: Fwd: Looking for fuel Supplier Begin forwarded message: From:Jennifer Segarra rse arraandwatson mail.com> Date:December 26,2018 at 15:03:55 CST To:National<National suncoastresources.com> Subject:Re:looking for fuel Supplier Hello Terri Our company name is Segarra And Watson International. We do not have fuel tanks.And regular Unleaded gas will do the job. Thinking 50 Gallons a week will do, On Wed, Dec 26,2028 at 2:50 PM National<National suncoastresources.com>wrote: I Good afternoon, V� N w 9 ; What type of fuel? Do you currently have fuel tanks? How many gallons are needed? i i i What is the name of your company? Terri Bateman Director of National Sales&Supply n4c. i quality Fuels & L'abl-io eatn. Direct:713.844.3655 Cell: 713.906.8843 Fax: 713.429.8424 800.677.FUEL(3835)ext. *655 http://www.suncoastresources.com t thateman@suncoastresources.com 6 ` " , Click Here to View the Newest Video from Sun Coast Resources, Inc. NEWS: Did you know that Sun Coast is a proud marketer of the Chevron ISOCLEAN program?This premier program provides products and services to increase equipment reliability and avoid downtime. Click here to learn morel Monthly Newsletter Signup Customer Satisfaction Surve Please consider the environment before printing From:Jennifer Segarra [mailto:se arraandwatson mail.com] Sent:Wednesday, December 25,2018 2:21 PM To.National<National suncoastresaurces.com> Subject: Looking for fuel Supplier 4 Hello Our company is currently looking for a fuel supplier for our mowing equipment.We will be doing work in the Fort Worth area.Please give us a email back on you all services thank you and have a great day. Thank you I Segarra And Watson International Confidentiality Warning:This message and any attachments are intended only for the use of the Intended recipientts),are confidential,and may be privileged.If you are not the intended recipient,you are hereby notified that any review,retransmission,conversion to hard copy,copying,circulation or other use of all or any portion of this message and any attachments Is strictly prohibited.If you are not the Intended recipient,please notify the sender immediately by return e-mail,and delete this message and any attachments from your system. 2 Jennifer Segarra From: Jennifer Segarra <segarraandwatson@gmail.coma Sent: Thursday,January 03,2019 12:15 PM To: Jennifer Segarra Subject: Fwd:Looking for fuel Supplier Begin forwarded message: From:Jennifer Segarra<seearraandwatsonOgmail.com> Date: December 26,2018 at 13:55:02 CST To: Prussell@championfsxom Subject:Looking for fuel Supplier Hello Our company is currently looking for a fuel supplier for our mowing equipment.We will be doing work in the Fort Worth area. Please give us a email pack on you all services thank you and have a great day. Thank yowl ���-� Segarra And Watson International 1 3.What is the percentage of WBE p rticipation 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 vent:are 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 W 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 MNVBE 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. 19-0037 North District Traffic Dividers Ground Maintenance Page 39 of 67 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 F.ternrination 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. Name of MIW13E farm � ` r—meofnom--eo-----.n----MI--W--_BE_--r-m-- — — ---—_ Nafi ----------_.----- Printed Name of Owner Printed Name of Owner Signature of Owner Sigiature 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 we personally brown 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) 19-0037 North District Traffic Dividers Ground Maintenance Page 40 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. b. 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.11118 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 Sid 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.11118 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.11118 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/5/2019 DATE: Tuesday,March 5,2019 REFERENCE NO.: **P-12307 LOG NAME: 131`19-0037 ND GROUNDS MAINTENANCE CG PACSD SUBJECT: Authorize Execution of Non-Exclusive Agreements with Abescape Group,LLC, Cedric Carson,Greener Pastures Landscape Inc,Prestige Worldwide Services LLC,WorkQuest and Segarra&Watson International LLC,for Grounds Maintenance and Mowing Services for North District Parks and Other North District City Facilities in an Annual Amount Up to$643,168.00 and Authorize Four Annual Renewal Options for Park and Recreation Department (COUNCIL DISTRICTS 2 and 4) RECOMMENDATION: It is recommended that the City Council authorize execution of non-exclusive agreements with Abescape,Group,LLC,Cedric Carson,Greener Pastures Landscape Inc, Prestige Worldwide Services LLC,WorkQuest and Segarra&Watson International LLC,for grounds maintenance and mowing services for North District Parks and other North District City Facilities in an annual amount up to $643,168.00 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 North District Traffic Dividers and Roundabouts and other city facilities in the North 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 and January 2nd, 10th and 17th.The City received seven bids. See attached Bid Tabulation. Staff recommends awarding one-year, non-exclusive Agreements with Abescape Group LLC,Cedric Carson,Greener Pastures Landscape Inc,Prestige Worldwide Services LLC,WorkQuest and Segarra&Watson International LLC,for grounds maintenance and mowing services for North District Parks and other North District city facilities in an annual amount up to$643,168.00.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 $593,168.00,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. MIWBE OFFICE &bull; Abescape Group,LLC is in compliance with the City's BDE Ordinance by committing to 5% MIWBE participation on this project. The City's MIWBE goal on this project is 5%. &bull; Greener Pastures Landscape Inc,is in compliance with the City's BDE Ordinance by committing to 5%MIWBE participation on this project.The City's MIWBE goal on this project is 5%.Additionally,Greener Pastures Landscape,Inc.,is a certified MIWBE firm. &bull; Cedric Carson is in compliance with the City's MIWBE Ordinance by committing to 5%MIWBE participation on this project. The City's MIWBE goal on this project is 5%. &bull; Segarra and Watson International LLC, is in compliance with the City's BDE Ordinance by committing to 0%MIWBE participation and documenting good faith effort on this project. Segarra and Watson International LLC,identified several subcontracting and supplier opportunities. However,the MIWBE's contacted in the areas identified did not respond or submit the lowest bids.The City's MIWBE goal on this project is 5%. &bull; Prestige Worldwide Services LLC, is in compliance with the City's BDE Ordinance by submission of the prime contractor waiver form.The City's MIWBE goal on this project is 5%. &bull; WorkQuest is in compliance with the City's BDE Ordinance by submission of the prime contractor waiver form. The City's MIWBE 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 1 CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget of the 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. BQN119-00331cg FUND IDENTIFIERS(FIDS): Department Account Project Budget Reference# Amount Fund ID ID Program Activity year (Chartfield 2) FOM 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 (8517) Additional Information Contact: Cynthia Garcia (8525) Jeff Cope (8313) ATTACHMENTS 1. 13P19-0037 ND GROUNDS MAINTENANCE CG PACSD-FID mdf fuwlntzmao 2. 19-0037 1295 Forms_Redacted.ndf fPumica 3. 190213_19-0037North District Ground Maintenance-MWBE Compliance Memo.pdf (cFw Intema4 4. Bid No 19-0037-Evaluation Tearn Scoring.ndf rcFw imermn S. Sams Search 19-0037.12df (cFw internal)