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HomeMy WebLinkAboutContract 52615 CSC No. 52615 GSESS�P�yNON-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 WELDON'S LAWN AND TREE LLC, a Texas limited liability company ("Contractor"). WHEREAS, City, through its Park and Recreation Department ("Park Department"), contracts for mowing and grounds maintenance services within the City; WHEREAS, through ITB/RFP No. 19-0139 the City solicited bids to award non-exclusive agreements to multiple bidders for mowing and grounds maintenance services on an as-needed basis in the City with an aggregate amount of$100,000.00 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. 19-0139) 4. Exhibit C—Contractor's Response to City of Fort Worth ITB/RFP No. 19-0139. 5. Exhibit D—Insurance All Exhibits attached hereto are incorporated herein and are made a part of this Agreement for all purposes.In the event of any conflict between the Exhibits and the terms and conditions of this Agreement, this Agreement shall control. SECTION 2 SCOPE OF WORK 2.1 Contractor shall provide mowing and grounds maintenance services ("Services") to the City in accordance with the Contract Specifications set forth in Exhibit A, which is attached hereto and incorporated herein for all purposes. 2.2 Contractor understands and agrees that the City will award non-exclusive purchase agreements to multiple bidders for mowing and grounds maintenance services as outlined in City of Fort Worth Bid Solicitation(ITB/RFP No. 19-0139), 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. 19-0139)shall be in the amount of$100,000.00,and the City Non-Exclusive Mowing and Grounds Maintenance Services Agreement OMC&I . RECORD Rev.11/18 cCy}y}rr!`1�`' SECRETARY (YECRE ft A RY F {� T IS ORTHs 1' makes no promise or guarantee of the total amount of work that will be assigned to Contractor under this Agreement. Contractor's Response to City of Fort Worth ITB/RFP No 19-0139("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 July 15, 2019 and expire on July 14, 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 CFWMowing(a 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 1"day after the date the City receive the invoice. SECTION 5 LIABILITY AND INDEMNIFICATION Non-Exclusive Mowing and Grounds Maintenance Services Agreement 2 of 26 Rev.11/18 5.1 CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES,INCLUDING,BUT NOT LIMITED TO,PROPERTY LOSS,PROPERTY DAMAGE AND PERSONAL INJURY, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF CONTRACTOR, OR ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, CONTRACTORS, EMPLOYEES, PATRONS, GUESTS, INVITEES, OR PROGRAM PARTICIPANTS. CONTRACTOR HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE AND LOSS AND PERSONAL INJURY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE SERVICES PERFORMED BY CONTRACTOR UNDER THIS AGREEMENT. 5.2 INDEMNIFICATION — CONTRACTOR, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, PROTECT, AND HOLD HARMLESS CITY AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS EMPLOYEES, AND SERVANTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS,LIABILITIES,DAMAGES,LOSSES,LIENS,CAUSES OF ACTION,SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE SERVICES PERFORMED UNDER THIS AGREEMENT BY CONTRACTOR OR ANY OF ITS OFFICERS,REPRESENTATIVES,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS; (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON THE PART OF CONTRACTOR OR ANY OF ITS OFFICERS, REPRESENTATIVES,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS;OR(3)BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF CONTRACTOR UNDER THIS AGREEMENT(COLLECTIVELY, "LIABILITIES"). 5.3 If any action or proceeding shall be brought by or against the City in connection with any such liability or claim, Contractor, on notice from City, shall defend such action or proceeding at Contractor's expense,by or through attorneys reasonably satisfactory to City. 5.4 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligations under this Section, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified,the indemnification obligation shall continue in full force and effect. 5.5 Contractor agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages related to Services performed under this Agreement. Contractor agrees to make its officers, representatives, agents, and employees available to City, at all reasonable times, for any statements and case preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder. SECTION 6 INSURANCE REQUIREMENTS 6.1 Contractor shall abide by the insurance requirements set forth in Exhibit D, which is attached hereto and incorporated herein for all purposes. Non-Exclusive Mowing and Grounds Maintenance Services Agreement 3 of 26 Rev. 11/18 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 agrge 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(1)ninety(90)calendar days following delivery by the City to Agreement of written notice of the City's intention to terminate or(ii)the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 8.4 Other Remedies. Any termination of this Agreement as provided in this Agreement will not relieve Contractor from paying any sum or sums due and payable to City under this Agreement that remains unpaid and due at the time of termination, or any claim for damages then or previously accruing against Contractor under this Agreement. Any such termination will not prevent City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Contractor for any default under the Agreement. All City's rights,options,and remedies under this Agreement will be construed to be cumulative,and not one of them is exclusive of the other. City may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Agreement. No such termination shall relieve City from any obligation it may have to Contractor hereunder and City may pursue any and all rights and remedies or relief provided by law, whether or not stated in this Agreement. Non-Exclusive Mowing and Grounds Maintenance Services Agreement 4 of 26 Rev.11/18 SECTION 9 LICENSES AND PERMITS 9.1 Contractor shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for its operations. SECTION 10 NOTICES 10.1 All notices required or permitted under this Agreement may be given to a party personally or by mail,addressed to such party at the address stated below or to such other address as one party may from time to time notify the other in writing. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: CONTRACTOR: City of Fort Worth Weldon's Lawn and Tree LLC Park and Recreation Director 709 B West Rusk#320 4200 South Freeway, Suite 2200 Rockwall,Texas 75087 Fort Worth,Texas 76115 With co iep s to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth,Texas 76102 Or to such other address as such party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. SECTION 11 NONDISCRIMINATION 11.1 Contractor shall not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement,and Contractor represents and warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall comply with all applicable laws and regulations in any employment decisions. SECTION 12 VENUE AND CHOICE OF LAW 12.1 Contractor and City agree that this Agreement shall be construed in accordance with the laws of the State of Texas. If any action,whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement,venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas—Fort Worth Division. SECTION 13 THIRD-PARTY RIGHTS AND ASSIGNMENTS Non-Exclusive Mowing and Grounds Maintenance Services Agreement 5 of 26 Rev.11/18 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 INTE RETATION 16.1 Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may not be modified or amended except upon execution of a written amendment to this Agreement executed by the Assistant City Manager and Contractor and filed with the City Secretary's Office. 16.2 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 16.3 In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party,regardless of the actual drafter of this Agreement. SECTION 17 GOVERNMENTAL POWERS AND IMMUNITIES Non-Exclusive Mowing and Grounds Maintenance Services Agreement 6 of 26 Rev.11/18 17.1 It is understood that by execution of this Agreement,the City does not waive or surrender any of its governmental powers or immunities. SECTION 18 AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES 18.1 By executing this Agreement, Contractor's agent affirms that he or she is authorized by Contractor or its general partner to execute this Agreement and that all representations made herein with regard to Contractor's identity, address,and legal status are true and correct. 18.2 This Agreement may be executed in several counterparts, each of which will be deemed an original,but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. SECTION 19 SEVERABILITY AND NO WAIVER 19.1 It is agreed that in the event any covenant,condition or provision herein contained is held to be invalid by any court of competent jurisdiction,the invalidity of such covenant,condition or provision shall in no way affect any other covenant, condition or provision does not materially prejudice either Contractor or City in connection with the right and obligations contained in the valid covenants,conditions or provisions of this Agreement. 19.2 The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. SECTION 20 COMPLIANCE WITH LAWS 20.1 This Agreement is subject to all applicable federal, state and local laws, ordinances,rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. 20.2 If City notifies Contractor or any of its officers, agents, employees, contractors, or subcontractors, of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation. SECTION 21 SOLE AGREEMENT 21.1 This Agreement, including any exhibits attached hereto and any documents incorporated herein, contains the entire understanding and agreement between the City and Contractor, and any lawful assign and successor of Contractor,as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. SECTION 22 PROHIBITION ON BOYCOTTING ISRAEL 22.1 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2) will Non-Exclusive Mowing and Grounds Maintenance Services Agreement 7 of 26 Rev. 11/18 not boycott Israel during the term of the contract. The terms "boycott Israel" and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1)does not boycott Israel,and(2)will not boycott Israel during the term of the contract SECTION 23 IMMIGRATION NATIONALITY ACT 23.1 Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement,including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. (SIGNATURES ON FOLLOWING PAGE) Non-Exclusive Mowing and Grounds Maintenance Services Agreement 8 of 26 Rev.I1/18 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 SrAndayy Wdl()afv Fernando Costa(Jul 31,2019) Brandon Weldon(Jul 30,2019) Fernando Costa Name: Brandon Weldon Assistant City Manager Title: General Manager Recommended: David Creek David Creek(Jul 31,2019) David Creek,Acting Director Park and Recreation Department APPROVED AS TO FORM AND LEGALITY: Richard A.McCracken(Jul 31,2019) Richard A. McCracken Assistant City Attorney `= ATTEST: Mary Kayser City SecretaryXC� M&C: NSA Date: NSA Form 1295: N/A 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. -JL&&A— Walter K.Newman(Jul 25,2019) Name: Walter K.Newman Title: Contract Compliance Specialist OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Non-Exclusive Mowing and Grounds Maintenance Services Agreement Rev.11/18 EXHIBIT A CONTRACT SPECIFICATION S I. SCOPE OF WORK The Services shall consist of specific grounds maintenance activities at specified parks, community centers, boulevards, medians, traffic islands, and other City properties within each Project Area, as required by an established Maintenance Schedule. The Contractor is responsible for mowing all areas, removing all trash and litter from each Project Area, edging all curbs and sidewalks, and trimming all turf along pavement (including expansion cracks extending two (2) feet onto the pavement, curbs, on or around signs, posts, guard rails, sidewalks, and other obstacles). II. DEFINITIONS The Following terms as used in this Agreement shall have 7 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 Mowing and Grounds Maintenance Services Agreement 10 of26 Rev.11/18 9. Mowing Height— The setting of mowing equipment to cut grass to a height of two (2) inches for project areas designated for 7-or 14-day mowing Cycles,to a height of three (3)inches for proj ect 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 1st through October 31st (Ozone Season)of each year when ozone levels are critical. These days are determined by the Texas Natural Resource Conservation Commission and are announced via television,radio, and TX DOT highway information boards. 14. Project Area—The specific geographic area(s)of the City designated to receive specific grounds maintenance services. 15. Trash and Litter—Any debris within a Project Area including, but not limited to, paper, plastic,cans,bottles(including broken glass),cardboard,rags,bottle tops,tires,limbs and branches 4 inches or smaller in diameter, rocks, and other similar solid materials and foreign debris which is not intended to be present as part of the landscape.This is inclusive of the entire Project Area, including streets, sidewalks, curbs, hillsides, ditches, creeks, etc. In accordance with City Ordinance,garage sale signs found in median areas are also considered Trash and Litter. III. EQUIPMENT 1. Contractor shall have available all necessary equipment and materials upon arrival at a Project Area to perform the Services in this Agreement. 2. All equipment shall be in good repair at all times and be operated by responsible employees. 3. Contractor shall maintain sharp blades on all mowing equipment to cleanly cut, not tear, the blades of grass. 4. Contractor shall not store equipment on property owned by the City. Contractor shall remove all equipment from each Project Area immediately after completing the mowing and grounds maintenance. IV. GROUNDS MAINTENANCE AND TRIMMING 1. Contractor shall remove Trash and Litter,mow, edge, and trim every 7, 14,21,28,or 42 days during the Mowing Season,as specified in the Work Order. Non-Exclusive Mowing and Grounds Maintenance Services Agreement 11 of 26 Rev.11/18 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 t 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 Mowing and Grounds Maintenance Services Agreement 12 of 26 Rev.11/18 13. Chemical trimming will not be acceptable for the edging of curbs or concrete sidewalks or trails. Chemical trimming for the edging to asphalt sidewalks is allowed; however, edged/treated area shall never extend farther than 4"past the edge of the asphalt sidewalk and all dead grass/weeds must be removed. 14. All vegetation in cracks, seams, and joints of paved areas such as sidewalks, medians, curbs, gutters (two (2) feet out from the curb), and driveways shall be cut down to the pavement surface during the completion of each mowing Cycle,where applicable. 15. Tennis courts and basketball hardstands shall be maintained free of all weeds and unwanted growth. The use of herbicides to control such growth is permitted, with prior written approval of the Contract Manager and in accordance with all applicable state laws and regulations. 16. Dead grass should be removed after any herbicide application. 17. Herbicide application must be in compliance with the State of Texas Structural Pest Control Board Laws and Regulations or the Texas Department of Agriculture Laws and Regulations. Contractor, or his/her representative, must have a copy of their pesticide license on file with the Park and Recreation Department Prior to the use of any herbicide. 18. Contractor will receive Mowing Maps and Work Orders outlining Non-Mow Areas. Contractor shall be responsible for informing Contractor's agents and employees of Non- Mow Areas. Contractor shall be responsible for damages to Non-Mow Areas caused by Contractor's agents or employees. 19. Contractor shall use reasonable care to avoid damaging buildings, equipment (including but not limited to irrigation heads and valve boxes), or vegetation on City or any other public or private property. 20. The Contractor shall assess the Project Area to be mowed, prior to starting, and make necessary adjustments to mowing methods in order to avoid cutting or damaging irrigation heads. 21. If the Contractor's failure to use reasonable care causes damage to any property, the Contractor shall replace or repair the damage, within 72 hours of notification, at no expense to the City. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost,which may be deducted from payments made to the Contractor. 22. Contractors are not to use any motorized equipment between 6 A.M. and 10 A.M. on Ozone Action Days,unless the equipment uses propane,diesel,or compressed natural gas as a fuel source,or meets California Air Resources Board(CARB)revision#2 standards. V. BLOWING OF GRASS/DEBRIS Chapter 12.5,Section 12.5-302,subsection(a)of the City Code provides that a person commits an offense if the person introduces or causes to be introduced into the MS4(Municipal Separate Storm Sewer System) any discharge that is not composed entirely of storm water. Contractor shall not blow grass Non-Exclusive Mowing and Grounds Maintenance Services Agreement 13 of 26 Rev.11/18 clippings and other debris into creeks, lakes, ponds, or the adjoining street or roadway, or against fence lines. Mowing should be accomplished by discharging grass away from streets, parking lots, or other roadways. Any grass clippings deposited onto the sidewalk, fence line, gutter, or roadway, must be removed. Sidewalks,gutters,and roadways must be clean or have the appearance of being swept. VI. EDGING Edging of sidewalks,driveways,and curbs,shall be accomplished so that grass and weeds neither extend over the edge of the walks,trails,drives,or curbs more than inch,nor cut back from the edge of walks,trails,drives,or curbs more than 1/4 inch. All concrete sidewalks,trails,curbs,walking paths,and steps must be mechanically edged,exposing the concrete surface.The Contractor may use a disc edger on a mower or similar device to edge the median as long as the produced edge meets the standard set forth in this section. All materials dislodged by edging shall be removed from the site or blown back onto grass areas,as to leave a clean appearance. Concrete sidewalks shall be edged on both sides. VIL TREES AND SHRUBS No pruning of any tree shall be permitted,unless specified otherwise in this Agreement. Broken limbs or tree debris,along with any trash or litter, shall be removed from ornamental flower and planting beds, as well as from the entire Project Area during each mowing Cycle. Mulch rings shall be reshaped prior to leaving a Project Area when dislodged by mowing equipment. Failure to replace damaged trees shall be considered a breach of this Agreement and the Contractor shall be assessed for damages. Slight or moderate damages to trees will result in assessment of damages. VIII. ASSESSMENT OF DAMAGES FOR DAMAGE TO TREES 1. The Contractor will check trees in the Project Area before work begins and report any damage to trees to the Contract Manager. 2. The Contract Manager will conduct random checks of the trees during the Term of the Agreement. 3. A check of all trees may be made by the City prior to the end of the Term or Renewal Term. City Forester,Contract Manager,and Contractor shall attend the inspection. 4. Damages shall be documented by memo to the City Forester with a copy to the contract file and the Contractor. 5. The Contractor may have the option of replacement or payment for severely damaged trees at a location to be designated by the Park and Recreation Department. Replacement shall be made on caliper inch per caliper inch basis,with a minimum size replacement tree of 2 inch in caliper. The Contractor shall be responsible for the planting,watering,mulching, and maintenance of replacement trees for a period not less than two years. 6. Any tree that does not survive the two year established period shall be compensated for by the Contractor to the Park and Recreation Department at a rate of$200.00 per caliper inch. 7. Damages shall be assessed at a rate of. $100.00 for each instance of slight damage to the tree(s), this is damage that may heal, examples include,but are not limited to, scaling of Non-Exclusive Mowing and Grounds Maintenance Services Agreement 14 of 26 Rev.11/18 the trunk into the cambial layer I/2"to 2"in width,but less than 1/3 trunk circumference, or breaking of limbs less than 2" in diameter, or limbs less than 1/3 trunk caliper, whichever is less; $300.00 for each instance of moderate damage to the tree(s),which in the opinion of the City Forester contribute to the poor health and reduced longevity of the tree, examples include, but are not limited to, scaling of the trunk into the cambial layer greater than 2" but less than 1/3 of the trunk circumference, or breaking of limbs more than 2"in diameter but less than 1/3 caliper. Severe damage or removal of trees is subject to the payment of damages in the amount of$200.00 per diameter inch of trees removed or damaged for trees less than 30", $400.00 per diameter inch of trees greater than 30". Severe damage or removal shall include,but is not limited to, scarring of the trunk to the cambial layer greater than 1/3 trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch greater than 1/3 trunk caliper.Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back according to the ANSI standards. Trees greater than 6"in caliper shall be measured using diameter at breast height(DBH). In addition to any penalties or damages assessed by the Park and Recreation Department,trees severely damaged or removed shall also be subject to fines and penalties of the Tree Conservation Ordinance of the Fort Worth Zoning Code. Trees that must be removed due to damage caused by the Contractor shall be removed by the Forestry Section Tree Removal Contractor at the Mowing Contractor's expense. 8. Failure to replace or pay for damaged trees shall result in a breach of contract and the Contractor will be automatically assessed damages.Damages as described herein shall be deducted from payments otherwise due to the Contractor. IX. FOUNTAIN FEATURES AND SWIMMING POOLS I. Edging shall be done in such a manner as to keep clippings out of water features. All clippings and trash must be removed from water features. 2. Maintenance at all fountain features will require turf areas to be mowed with grass catching equipment.If the Contractor fails to use grass catching equipment,the Contractor shall pay to the City the costs incurred by the City to clean up the site,including City staff time. The City may deduct these costs from any payments to the Contractor. X. PONDS,LAKES,AND CREEKS 1. The Contractor will use care when mowing or edging around lakes, ponds, and creeks. Grass must be directed away from water,but does not have to be caught or removed from the area. 2. The Contractor shall pay to the City the costs incurred by the City to remove grass from ponds, lakes and creeks, including City staff time. The City may deduct these costs from payments to the Contractor XI. FENCES 1. The Contractor will use care when mowing or edging around fences.This includes metal, wood or other material fence. Grass must be directed away from fence,but does not have to be caught or removed from the Project Area. Non-Exclusive Mowing and Grounds Maintenance Services Agreement 15 of 26 Rev.11/18 2. The Contractor will check fences in the Project a before contract work begins. Any damage Contractor discovers shall be documented and reported to the Contract Manager by the Contractor. 3. The Contract Manager will conduct random checks of the fences during the contract period. 4. Damages shall be documented by memo to the Contract Manager with a copy to the contract file and the Contractor. 5. The Contractor may have the option of replacement or payment for severely damaged fences as determined in cooperation with Risk Management, Contract Manager and the fence owner. XII. HAZARDOUS CONDITIONS The Contractor is required to notify the Contract Manager immediately of any hazardous conditions and/or damage to City property. XIII. HARD SURFACE MEDIANS End caps or traffic islands within or adjacent to the Project Area, which are not specifically identified in these specifications, shall be deemed to be a part of th Project Area where Contractor shall perform Services. XIV. CONCURRENT CONTRACTS In the event that any one Contractor is awarded contracts for mowing more than one Project Area, the Contractor shall proceed with work simultaneously in all areas awarded. XV. SUPERVISION OF WORK CREW Contractor shall provide supervision of all work crews while performing work under this Agreement. On-site supervision is not required as long as communication equipment is provided, which enables the work crew to communicate with a project supervisor at all times. Each work crew shall have a designated person on the work site that has the authority to respond to inquiries about work details or priorities. XVI. STREET USE PERMIT 1. The Contractor will be required to obtain a "Street Use Permit' prior to starting work. Contact Parkway Services Division: 200 Texas Street, Fort Worth TX 76102 (817) 392- 6594 for inquiries regarding permit. 2. The Contractor shall be responsible for providing traffic control while performing Services in accordance with this Agreement, consistent with the provisions set forth in the latest edition of the "Texas Manual on Uniform Traffic Control Devices" and the Texas Transportation Code. Non-Exclusive Mowing and Grounds Maintenance Services Agreement 16 of 26 Rev.11/18 3. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. XVII. WORK ORDERS 1. A Work Order shall consist of a written document, specifying the type of work, Contractor's name,Project Area,maintenance Cycle,beginning and end dates,price to be paid by the City and comments. 2. The Contractor shall not begin work on the Project Area until a Work Order is received by the Contractor from the City. 3. Failure to obtain a Work Order prior to beginning a maintenance Cycle may result in non- payment for work performed. 4. Electronic Work Orders — The City may utilize electronic work orders. ALL CONTRACTORS MUST HAVE THE TECHNOLOGICAL CAPABILITY TO USE THE CITY'S ELECTRONIC WORK ORDER SYSTEM. Contractors will be required to have high-speed access to the Internet in order to receive 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 internet and data plan able to support up to 10 gigabytes of data per month; b. An Android 8 or IOs 11,or better,operating system; Non-Exclusive Mowing and Grounds Maintenance Services Agreement 17 of 26 Rev.11/18 C. A camera that can take pictures at 12 megapixels and up; and d. A storage capacity of 128 gigabits or more. e. Training—Contractor shall attend mandatory training as scheduled by Contract Manager for the electronic Work Order system. XVIII. SCHEDULING 1. SCHEDULES a. The Contractor shall submit a written Maintenance Schedule for each Project Area Prior to the end of the first mowing Cycle. The City of Fort Worth has the right to require the Maintenance Schedule to be submitted electronically, including through an electronic Work Order system utilized by the City, or by a City approved cell phone application. b. Upon approval by the Contract Manager, the Contractor shall comply with the written Maintenance Schedule throughout the mowing season. The next mowing Cycle Work Order will not be issued until a new written Maintenance Schedule is received for the next mowing Cycle in accordance with subsection a. C. If the Contractor expects to vary from the schedule,the Contractor shall notify the Contract Manager of the variation in advance and specify an alternate Maintenance Schedule. Alternate Maintenance Schedules are subject to approval by the Contract Manager. 2. CHANGES IN SCHEDULES a. The Contract Manager has the authority to alter, cancel, or reassign to another Contractor scheduled mowing Cycles on a week-to-week basis.The changes will be based upon need, weather conditions, and available funding. The Contractor will be notified by email of such changes. b. The City reserves the right to perform grounds maintenance operations during cancelled or altered Cycles. C. The Contract Manager may change the frequency of grounds maintenance Cycles based on maintenance needs. 3. COMPLETION SHEETS a. The Contractor must use the most recent format or version of the completion sheet provided by the Contractor Manager at all times. The Contractor will submit daily completions using the new electronic work order system upon implementation by the City. b. The Contractor shall submit each day's completions that are ready for inspection within the first regular work day after the maintenance is completed. Non-Exclusive Mowing and Grounds Maintenance Services Agreement 18 of 26 Rev.11/18 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 I. The Contractor is responsible for providing before and after photographic evidence of all Project Areas completed. Upon implementation of an electronic Work Order system by Non-Exclusive Mowing and Grounds Maintenance Services Agreement 19 of 26 Rev.11/18 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 re q est 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 1 st one(1)person as Point of Contact with a current office phone number or cell phone rivanber 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 a,FortWorthTexas.gov or hand delivered to the Contract Manager within 3 business days of the change. XXIL 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 Mowing and Grounds Maintenance Services Agreement 20 of 26 Rev. 11/18 5. In the event the Contractor accepts the On-Call Mowing work,Contractor will be issued a Work Order for the On-Call area identifying the work to be performed,the number of times performance is required and the agreed upon price. 6. No one contractor is granted exclusive rights to On-Call Mowing projects or have first rights of refusal in the event service is requested again. 7. Contractors cannot fail to perform on their currently contracted mow Cycle in order to perform On-Call Mowing projects. 8. Should a scheduling conflict arise between the On-Call project and a previously contracted mow area,contractor must notify Contract Manager immediately and decline the On-Call project. XXIII. MEETINGS Contactor will attend mandatory informational meetings scheduled by Contract Manager to support City of Fort Worth mowing initiatives. Non-Exclusive Mowing and Grounds Maintenance Services Agreement 21 of 26 Rev.11/18 EXHIBIT B CITY OF FORT WORTH BID SOLICITATION(TTB/RFP NO. Non-Exclusive Mowing and Grounds Maintenance Services Agreement 22 of 26 Rev.11/18 EXHIBIT C CONTRACTOR'S RESPONSE TO CITY OF FORT WORTH ITB/RFP NO. Non-Exclusive Mowing and Grounds Maintenance Services Agreement 23 of 26 Rev.11/18 EXHIBIT D INSURANCE 1. The Contractor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement. The Contractor shall file with the City of Fort Worth Purchasing Division, prior to the commencement of services, a certificate of insurance documenting the following required insurance 1.1 Failure to provide such information within five(5)calendar days of a request by the City may be grounds for termination of the Agreement. 2. Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City.In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Contractor to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 3. Statutory Workers' Compensation Insurance and Employer's Liability Insurance at the following limits: $100,000 Each Accident $500,000 Disease—Policy limit $100,000 Disease—Each Employee This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers'Compensation Act(Art.8308—1.01 et seq.Tex.Rev.Civ. Stat.)and minimum policy limits for Employers' Liability of$100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and$100,000 per disease per employee. 4. Commercial General Liability Insurance including Explosion, Collapse, and Underground Coverage shall be provided as follows: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Coverage shall include but not be limited to the following: premises/operations, independent Contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis,and as comprehensive as the current Insurance Services Office(ISO)policy. 5. Auto Liability Insurance shall be provided as follows: $1,000,000 Combined Single Limit Each Accident A commercial business policy shall provide coverage on "Any Auto",defined as autos owned, hired and non-owned. 6. The Contractor shall furnish the Purchasing Manager a certificate of insurance documenting the required insurance prior to the commencement of Services. Non-Exclusive Mowing and Grounds Maintenance Services Agreement 24 of 26 Rev.11/18 7. At each renewal period, Contractor shall furnish the Purchasing Manager and the Contract Manager, with a current certificate of insurance documenting the required insurance within ten (10)days after accepting the renewal. 8. Policies shall be endorsed to provide the City of Fort Worth a thirty- (30) day notice of cancellation,material change in coverage,or non-renewal of coverage. 9. Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear(ATIMA). 10. ADDITIONAL INSURANCE REQUIREMENTS 10.1 The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. 10.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be received before Contractor can begin work. Failure to supply and maintain such insurance shall be a breach of contract. Contractor shall provide complete copies of all insurance policies required by this Agreement. Certificates of insurance must be supplied to: Financial Management Services Department Attention: Purchasing Division Bid No. 19-0139 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 Mowing and Grounds Maintenance Services Agreement 25 of 26 Rev.11/18 10.10 While the Agreement is in effect, Contractor shall report, in a timely manner, to the Purchasing Division any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. 10.11 Contractor's liability shall not be limited to the specified amounts of insurance required herein. 0 Non-Exclusive Mowing and Grounds Maintenance Services Agreement 26 of 26 Rev.11/18