HomeMy WebLinkAboutContract 52876f
RtCt!VcD
OCT-a 2019
Ci7Y OF FORT WOR
CJ7Y SECRETARY
CSC No. 52876
ON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES AGREEMENT
HOT SPOT MOWING
TIDS NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES
AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH
("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized
representative, and CIVILIAN DIVISION, LLC d/b/a GI-MOW, a Texas limited liability company,
acting by and through its duly authorized representative ("Contractor").
WHEREAS, City, through its Park and Recreation Department ("Park Department"), contracts
for mowing and grounds maintenance services within the City;
WHEREAS, through ITB/RFP No. 19-00000011 the City solicited bids to award non-exclusive
services agreements to multiple bidders for mowing and grounds maintenance services on an as-needed
basis (Hot Spot Mowing), in the City with an aggregate amount of $920,000.00 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. 19-00000011)
4. Exhibit C -Contractor's Response to City of Fort Worth ITB/RFP No. 19-00000011.
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.
SECTION2
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 . 19-00000011, which is attached hereto as Exhibit B, and
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement
Rev. 11/18
OFFICIA L RO:::lrfrU:]llnl
CITY SECRETARY
FT. WORTH, TX
incorporated herein for all purposes. Contractor further understands that the aggregate amount of all
contracts awarded to multiple contractors under ITB/RFP No. 19-00000011 shall be in the amount
of $920,000.00, and the City makes no promise or guarantee of the total amount of work that will be
assigned to Contractor under this Agreement. Contractor's Response to City of Fort Worth ITB/RFP
No. 19-00000011 ("Contractor's Response") is attached hereto as Exhibit C, and incorporated
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. Contractor understands and
agrees that if City determines that Contractor is not in compliance with any other mowing and grounds
maintenance agreement between Contractor and the City then the City will not issue any Work Orders to
Contractor pursuant to this Agreement until City determines Contractor is in compliance.
SECTION 3
TERM OF AGREEMENT
3.1 Term. The term of this Agreement shall begin on October 4, 2019 and expire on
October 3, 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
Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 2 of 26
Rev. 11/18
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
5.1 CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY LOSS, PROPERTY DAMAGE
AND PERSONAL INJURY, OF ANY HIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF CONTRACTOR,
OR ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS,
CONTRACTORS, EMPLOYEES, PATRONS, GUESTS, INVITEES, OR PROGRAM
PARTICIPANTS. CONTRACTOR HEREBY EXPRESSLY RELEASES AND DISCHARGES
CITY FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, INCLUDING, BUT NOT
LIMITED TO, PROPERTY DAMAGE AND LOSS AND PERSONAL INJURY ARISING OUT
OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE SERVICES
PERFORMED BY CONTRACTOR UNDER THIS AGREEMENT.
5.2 INDEMNIFICATION — CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, PROTECT, AND HOLD
HARMLESS CITY AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS EMPLOYEES,
AND SERVANTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY
AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS,
JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS,
ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, HIND OR
DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH
OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE
SERVICES PERFORMED UNDER THIS AGREEMENT BY CONTRACTOR OR ANY OF ITS
OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS; (2)
BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY
OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT
OR OMISSION ON THE PART OF CONTRACTOR OR ANY OF ITS OFFICERS,
REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS; OR (3) BY ANY
BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF CONTRACTOR
UNDER THIS AGREEMENT (COLLECTIVELY, "LIABILITIES").
5.3 If any action or proceeding shall be brought by or against the City in connection with any
such liability or claim, Contractor, on notice from City, shall defend such action or proceeding at
Contractor's expense, by or through attorneys reasonably satisfactory to City.
5.4 It is agreed with respect to any legal limitations now or hereafter in effect and affecting
the validity or enforceability of the indemnification obligations under this Section, such legal limitations
are made a part of the indemnification obligation and shall operate to amend the indemnification obligation
to the minimum extent necessary to bring the provision into conformity with the requirements of such
limitations, and as so modified, the indemnification obligation shall continue in full force and effect.
5.5 Contractor agrees to notify City promptly upon the receipt of any claim or lawsuit brought
in connection with any injury, death, or damages related to Services performed under this Agreement.
Contractor agrees to make its officers, representatives, agents, and employees available to City, at all
reasonable times, for any statements and case preparation necessary for the defense of any claims or
litigation for which City may be responsible hereunder.
Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 3 of 26
Rev. 11/18
SECTION 6
INSURANCE REQUIREMENTS
6.1 Contractor shall abide by the insurance requirements set forth in Exhibit D, which is
attached hereto and incorporated herein for all purposes.
SECTION 7
AUDIT
7.1 Contractor agrees that the City shall, until the expiration of three (3) years after the
termination or expiration of this Agreement, have access to and the right to examine any directly pertinent
books, documents, papers, and records of Contractor involving transactions relating to this Agreement.
Contractor agrees that the City shall have access during normal working hours to all necessary Contractor
facilities and shall be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this section. City shall give Contractor reasonable advance notice of
intended audits.
7.2 Contractor further agrees to include in any contractor and subcontractor agreements
hereunder a provision to the effect that the contractor and subcontractors agree that the City shall, until the
expiration of three (3) years after the expiration or termination of the contract or subcontract, have access
to and the right to examine any directly pertinent books, documents, papers, and records of such contractor
or subcontractor involving transactions of the contract or subcontract, and further that City shall have
access during normal working hours to all contractor and subcontractor facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the provisions of this
paragraph. City shall give the contractor and subcontractor reasonable advance notice of intended audits.
SECTION 8
TERMINATION
8.1 Termination for Convenience. This Agreement may be terminated without cause by the
City upon delivery of written notice to Contractor. This Agreement may be terminated without cause by
the Contractor thirty (30) days after delivery to the City of written notice of such intent to terminate.
8.2 Termination for Cause. Unless stated elsewhere in this Agreement, Contractor shall be in
default under this Agreement if Contractor breaches any term or condition of this Agreement and such
breach remains uncured after ten (10) calendar days following receipt of written notice from the City
referencing this Agreement.
8.3 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any
time during the term of the Agreement, the Fort Worth City Council fails to appropriate funds sufficient
for the City to fulfill its obligations under this Agreement, the City may terminate the portion of the
Agreement regarding such obligations to be effective on the later of (i) ninety (90) calendar days following
delivery by the City to Agreement of written notice of the City's intention to terminate or (ii) the last date
for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this
Agreement.
8.4 Other Remedies. Any termination of this Agreement as provided in this Agreement will
not relieve Contractor from paying any sum or sums due and payable to City under this Agreement that
remains unpaid and due at the time of termination, or any claim for damages then or previously accruing
against Contractor under this Agreement. Any such termination will not prevent City from enforcing the
payment of any such sum or sums or claim for damages by any remedy provided for by law, or from
recovering damages from Contractor for any default under the Agreement. All City's rights, options, and
remedies under this Agreement will be construed to be cumulative, and not one of them is exclusive of the
Non -Exclusive Contract Mowing and 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 parry may
from time to time notify the other in writing. Any notice so given shall be deemed to have been received
when deposited in the United States mail so addressed with postage prepaid:
CITY:
City of Fort Worth
Park and Recreation Director
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115
With copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
CONTRACTOR:
Civilian Division dba GI -Mow
5128 Jennings Drive North
Richland Hills, TX 76180
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 Contract Mowing and Grounds Maintenance Services Agreement 5 of 26
Rev. 11/18
SECTION 13
THIRD -PARTY RIGHTS AND ASSIGNMENTS
13.1 The provisions and conditions of this Agreement are solely for the benefit of the City and
Contractor, and any lawful assign or successor of Contractor, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
13.2 Contractor agrees that it will not subcontract or assign all or any part of its rights, privileges
or duties hereunder without the prior written consent of the City, and any attempted subcontract or
assignment of same without such prior consent of the City shall be void.
SECTION 14
BINDING COVENANTS
14.1 Subject to the limitations contained herein, the covenants, conditions and agreements
made and entered into by the parties hereunder are declared to be for the benefit of and binding on their
respective successors, representatives and permitted assigns, if any.
SECTION 15
INDEPENDENT CONTRACTOR
15.1 It is expressly understood and agreed that Contractor and its employees, representative,
agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent
contractors as to all rights and privileges and work performed under this Agreement, and not as agents,
representatives or employees of the City. Subject to and in accordance with the conditions and provisions
of this Agreement, Contractor shall have the exclusive right to control the details of its operations and
activities and be solely responsible for the acts and omissions of its employees, representative, agents,
servants, officers, contractors, subcontractors, and volunteers. Contractor acknowledges that the doctrine
of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants
and employees, and Contractor and its employees, representative, agents, servants, officers, contractors,
subcontractors, and volunteers. Contractor further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Contractor. It is further understood that the
City shall in no way be considered a Co -employer or a Joint employer of Contractor or any employees,
representative, agents, servants, officers, contractors, subcontractors, and volunteers of Contractor. Neither
Contractor, nor any officers, agents, servants, employees or subcontractors of Contractor shall be entitled
to any employment benefits from the City. Contractor shall be responsible and liable for any and all
payment and reporting of taxes on behalf of itself, and any of employees, representative, agents, servants,
officers, contractors, subcontractors, and volunteers.
SECTION 16
AMENDMENTS, CAPTIONS, AND INTERPRETATION
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.
Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 6 of 26
Rev. 11/18
SECTION 17
GOVERNMENTAL POWERS AND IMMUNITIES
17.1 It is understood that by execution of this Agreement, the City does not waive or surrender
any of its governmental powers or immunities.
SECTION 18
AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES
18.1 By executing this Agreement, Contractor's agent affirms that he or she is authorized by
Contractor or its general partner to execute this Agreement and that all representations made herein with
regard to Contractor's identity, address, and legal status are true and correct.
18.2 This Agreement may be executed in several counterparts, each of which will be deemed
an original, but all of which together will constitute one and the same instrument. A signature received via
facsimile or electronically via email shall be as legally binding for all purposes as an original signature.
SECTION 19
SEVERABILITY AND NO WAIVER
19.1 It is agreed that in the event any covenant, condition or provision herein contained is held
to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision
shall in no way affect any other covenant, condition or provision does not materially prejudice either
Contractor or City in connection with the right and obligations contained in the valid covenants, conditions
or provisions of this Agreement.
19.2 The failure of either party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to
insist upon appropriate performance or to assert any such right on any future occasion.
SECTION 20
COMPLIANCE WITH LAWS
20.1 This Agreement is subject to all applicable federal, state and local laws, ordinances, rules
and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as
amended.
20.2 If City notifies Contractor or any of its officers, agents, employees, contractors, or
subcontractors, of any violation of such laws, ordinances, rules or regulations, Contractor shall
immediately desist from and correct the violation.
SECTION 21
SOLE AGREEMENT
21.1 This Agreement, including any exhibits attached hereto and any documents incorporated
herein, contains the entire understanding and agreement between the City and Contractor, and any lawful
assign and successor of Contractor, as to the matters contained herein. Any prior or contemporaneous oral
or written agreement is hereby declared null and void to the extent in conflict with any provision of this
Agreement.
SECTION 22
PROHIBITION ON BOYCOTTING ISRAEL
Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 7 of 26
Rev. 11/18
22.1 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
contract, Contractor certifies that Contractor's signature provides written verification to the City that
Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.
SECTION 23
IMMIGRATION NATIONALITY ACT
23.1 Contractor shall verify the identity and employment eligibility of its employees who
perform work under this Agreement, including completing the Employment Eligibility Verification Form
(I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement. Contractor shall
adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no
services will be performed by any Contractor employee who is not legally eligible to perform such services.
CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY
PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this
Agreement for violations of this provision by Contractor.
(SIGNATURES ON FOLLOWING PAGE)
Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 8 of 26
Rev. 11/18
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 2 .
CITY OF FORT WORTH
Fern ando Costa (Oct 7, 2019 )
Fernando Costa
Assistant City Manager
Recommended:
Z?~
David Creek (Oct 7, 2019 )
David Creek, Acting Director
Park and Recreation Department
APPROVED AS TO FORM AND LEGALITY:
Ri cha rd A. McCracken (Oct 7, 2019)
Richard A. McCracken
Assistant City Attorney
ATTEST:
Mary J. Kczyse r
Mary J . Kayse r (Oct 8, 2019 )
Mary Kayser
City Secretary
M&C: 19-0177
Date: 9/24/2019
Form 1295 : 2019-520226
Contract Compliance Manager:
CONTRACTOR
Cudif,IG'
Curtis Kinsey (Oct~
Name: Curtis Kinsey
Title:
Own er
By signing, I acknowledge that I am the person responsible for
the monitoring and administration of this contract, including all
performance and reporting requirements.
Wa lter Newman (Oct 4, 2019)
Name: Walter K. Newman
Title : Contract Compliance Specialist ·
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement
Rev. 11/18
OFFICIAL RECORD
CITY SECRETARY
F\ Yf p RTH, TX
EXHIBIT A
CONTRACT SPECIFICATIONS
I. SCOPE OF WORK
The Services shall consist of specific grounds maintenance activities at specified parks,
community centers, boulevards, medians, traffic islands, and other City properties within each
Project Area, as required by an established Maintenance Schedule. The Contractor is responsible
for mowing all areas, removing all trash and litter from each Project Area, edging all curbs and
sidewalks, and trimming all turf along pavement (including expansion cracks extending two (2)
feet onto the pavement, curbs, on or around signs, posts, guard rails, sidewalks, and other
obstacles).
II. DEFINITIONS
The Following terms as used in this Agreement shall have the meanings assigned to them:
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. 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 project areas designated for 21-, or more, day mowing Cycles, or as specified
by the Contract Manager.
10. Mowing Map — A geographical map or images showing designated areas where mowing
should occur for each Project Area.
11. Mowing Season — The time period typically beginning in March and ending in late
November as determined annually by the Park and Recreation Department. Note:
Typically the mowing season will begin when high grass and weeds begin and the mowing
season will end the latter part of November or after the first hard freeze.
12. Non -Mow Area — An area of land designated for wildflowers, flowers or natural
regeneration of native grasses.
13. Ozone Action Days - The period from May 1st through October 31 st (Ozone
Season) of each year when ozone levels are critical. These days are determined by
the Texas Natural Resource Conservation Commission and are announced via
television, radio, and 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
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.
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
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
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2. Contractor shall remove all Trash and Litter from the entire Project Area, prior to initiating
any mowing. Failure to remove Trash and Litter prior to mowing will result in the
Contractor being required to return to the site and remove all new Trash and Litter, as well
as all Trash and Litter that was mowed over. Any paper, cans, or bottles (cut or broken)
found during maintenance operations shall be completely removed from the Project Area
immediately prior to proceeding with the maintenance of other areas. All Trash and Litter
shall be disposed of by the Contractor at an off -site location procured by the Contractor at
his/her sole expense. Contractor shall remove all garage sale signs and sales signs that are
located in median or right of way areas.
Any areas that have been mowed must have Trash and Litter removed the same day the
mowing occurs and mowed grass shall be blown or swept off of all curbs, gutters,
sidewalks, trails, and other hard surfaces.
4. Contractor shall report any illegal dumping, no later than the next business day after its
discovery, to the Contract Manager.
5. All grass shall be cut at the proper Mowing Height. The Contract Manager may make
changes in the Mowing Height requirements.
6. Mowing below the proper Mowing Heights may result in scalping. The City may
terminate this Agreement for Contractor's failure to mow at the proper Mowing Height.
Contractor shall pay all costs to repair damage caused by improper Mowing Heights.
7. Upon completion, a mowed Project Area shall be free of Clumped Grass Clippings,
windrows, and tire/track ruts from equipment. Turf shall be cut in a manner as to not scalp
turf or leave areas of uncut grass, but to leave a crisp manicured finished appearance.
8. Removal of cut grass from turf areas will not be required, unless otherwise specified by
the Contract Manager. Care shall be taken to prevent discharge of grass clippings onto any
surface, such as streets, curbs, gutters, parking lots, sidewalks, concrete pads, creeks,
lakes, ponds, or adjacent properties.
9. Any materials discharged shall be removed prior to leaving the Project Area.
10. All structures, trees, poles, tables, signs, fences, and shrub beds, are to be trimmed closely,
where applicable. All trimming must be completed on the same day as all mowing
operations. Special care shall be taken when trimming around trees, as to not inflict
damage to the bark of trees.
11. Trim guards should be used on line trimmers when working around trees and ornamental
shrubs. All trimming shall be accomplished maintaining the required Mowing Height.
12. Trimming can be reduced by chemical edging, with prior written approval of the Contract
Manager.
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13. Chemical trimming will not be acceptable for the edging of curbs or concrete sidewalks
or trails. Chemical trimming for the edging to asphalt sidewalks is allowed; however,
edged/treated area shall never extend farther than 4" past the edge of the asphalt sidewalk
and all dead grass/weeds must be removed.
14. All vegetation in cracks, seams, and joints of paved areas such as sidewalks, medians,
curbs, gutters (two (2) feet out from the curb), and driveways shall be cut down to the
pavement surface during the completion of each mowing Cycle, where applicable.
15. Tennis courts and basketball hardstands shall be maintained free of all weeds and
unwanted growth. The use of herbicides to control such growth is permitted, with prior
written approval of the Contract Manager and in accordance with all applicable state laws
and regulations.
16. Dead grass should be removed after any herbicide application.
17. Herbicide application must be in compliance with the State of Texas Structural Pest
Control Board Laws and Regulations or the Texas Department of Agriculture Laws and
Regulations. Contractor, or his/her representative, must have a copy of their pesticide
license on file with the Park and Recreation Department Prior to the use of any herbicide.
18. Contractor will receive Mowing Maps and Work Orders outlining Non -Mow Areas.
Contractor shall be responsible for informing Contractor's agents and employees of Non -
Mow Areas. Contractor shall be responsible for damages to Non -Mow Areas caused by
Contractor's agents or employees.
19. Contractor shall use reasonable care to avoid damaging buildings, equipment (including
but not limited to irrigation heads and valve boxes), or vegetation on City or any other
public or private property.
20. The Contractor shall assess the Project Area to be mowed, prior to starting, and make
necessary adjustments to mowing methods in order to avoid cutting or damaging irrigation
heads.
21. If the Contractor's failure to use reasonable care causes damage to any property, the
Contractor shall replace or repair the damage, within 72 hours of notification, at no
expense to the City. If the Contractor fails or refuses to make such repair or replacement,
the Contractor shall be liable for the cost, which may be deducted from payments made to
the Contractor.
22. Contractors are not to use any motorized equipment between 6 A.M. and 10 A.M. on
Ozone Action Days, unless the equipment uses propane, diesel, or compressed natural gas
as a fuel source, or meets California Air Resources Board (GARB) 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. 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 '/4 inch, nor cut back from the edge of
walks, trails, drives, or curbs more than 1/4 inch. All concrete sidewalks, trails, curbs, walking paths, and
steps must be mechanically edged, exposing the concrete surface. The Contractor may use a disc edger on
a mower or similar device to edge the median as long as the produced edge meets the standard set forth in
this section. All materials dislodged by edging shall be removed from the site or blown back onto grass
areas, as to leave a clean appearance. Concrete sidewalks shall be edged on both sides.
VII. TREES AND SHRUBS
No pruning of any tree shall be permitted, unless specified otherwise in this Agreement. Broken
limbs or tree debris, along with any trash or litter, shall be removed from ornamental flower and planting
beds, as well as from the entire Project Area during each mowing Cycle. Mulch rings shall be reshaped
prior to leaving a Project Area when dislodged by mowing equipment. Failure to replace damaged trees
shall be considered a breach of this Agreement and the Contractor shall be assessed for damages. Slight or
moderate damages to trees will result in assessment of damages.
VIII. ASSESSMENT OF DAMAGES FOR DAMAGE TO TREES
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.
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. 11/18
the trunk into the cambial layer'/2" to 2" in width, but less than 1/3 trunk circumference,
or breaking of limbs less than 2" in diameter, or limbs less than 1/3 trunk caliper,
whichever is less; $300.00 for each instance of moderate damage to the tree(s), which in
the opinion of the City Forester contribute to the poor health and reduced longevity of the
tree, examples include, but are not limited to, scaling of the trunk into the cambial layer
greater than 2" but less than 1/3 of the trunk circumference, or breaking of limbs more
than 2" in diameter but less than 1/3 caliper. Severe damage or removal of trees is subject
to the payment of damages in the amount of $200.00 per diameter inch of trees removed
or damaged for trees less than 30", $400.00 per diameter inch of trees greater than 30".
Severe damage or removal shall include, but is not limited to, scarring of the trunk to the
cambial layer greater than 1/3 trunk circumference, uprooting or causing a tree to lean,
damage to a scaffolding branch greater than 1/3 trunk caliper. Branches shall be measured
at the point of attachment or at the lateral to which the branch would be pruned back
according to the ANSI standards. Trees greater than 6" in caliper shall be measured using
diameter at breast height (DBH). In addition to any penalties or damages assessed by the
Park and Recreation Department, trees severely damaged or removed shall also be subject
to fines and penalties of the Tree Conservation Ordinance of the Fort Worth Zoning Code.
Trees that must be removed due to damage caused by the Contractor shall be removed by
the Forestry Section Tree Removal Contractor at the Mowing Contractor's expense.
8. Failure to replace or pay for damaged trees shall result in a breach of contract and the
Contractor will be automatically assessed damages. Damages as described herein shall be
deducted from payments otherwise due to the Contractor.
IX. FOUNTAIN FEATURES AND SWIMMING POOLS
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
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
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. 11/18
2. The Contractor will check fences in the Project Area before contract work begins. Any
damage Contractor discovers shall be documented and reported to the Contract Manager
by the Contractor.
3. The Contract Manager will conduct random checks of the fences during the contract
period.
4. Damages shall be documented by memo to the Contract Manager with a copy to the
contract file and the Contractor.
5. The Contractor may have the option of replacement or payment for severely damaged
fences as determined in cooperation with Risk Management, Contract Manager and the
fence owner.
XII. HAZARDOUS CONDITIONS
The Contractor is required to notify the Contract Manager immediately of any hazardous
conditions and/or damage to City property.
XIII. HARD SURFACE MEDIANS
End caps or traffic islands within or adjacent to the Project Area, which are not specifically
identified in these specifications, shall be deemed to be a part of the Project Area where Contractor shall
perform Services.
XIV. CONCURRENT CONTRACTS
In the event that any one Contractor is awarded contracts for mowing more than one Project Area,
the Contractor shall proceed with work simultaneously in all areas awarded.
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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 Contract 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 Work O rders
and submit proof of compliance with Work Orders, including photographs of completed
work. Minimum specifications required for electronic Work Orders are:
a. Digital cameras capable of at least 1 mega -pixel with image resolution of 1280
x 1224 that adds date stamp on the face of the picture.
b. A high capacity color printer capable of 200 imprints with map image per day.
C. WIRELESS READY- The ability to accept Work Orders and send completed
Work Orders from a mobile wireless device, laptop, or other similar equipment.
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
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 Contract 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 Contract 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
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.
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.
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.
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.
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
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. 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.
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
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.
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 CFWMowingkFortWorthTexas. og_v or hand delivered to the Contract Manager within
3 business days of the change.
XXII. ON -CALL MOWING
To keep the quality of mowing in the City of Fort Worth at a sufficient level, and to address the
failure of mowing contractors to perform adequately, the City will have areas needing complete or spot
mowing on an individual or reoccurring basis. In order to provide mowing contractors with additional
work, the City will provide selected contractors the opportunity to take on these additional projects.
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.
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. 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 Contract Mowing and Grounds Maintenance Services Agreement 21 of 26
Rev. 11/18
EXHIBIT B
CITY OF FORT WORTH BID SOLICITATION (ITB/RFP NO. 19-00000011)
Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 22 of 26
Rev. 11/18
FORT WORTH,
11000— CITY OF FORT WORTH BID OFFER
EventlD Page
CFW01-19-0000011 1
Event Round Version
1 1
Event Name
ITB 19-0000011 Hot Spot Mowing
Start Time Finish Time
06/26/2019 08:00:00 CDT 07/18/2019 13:30:00 CDT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Event Description
All bid documents can be view on the City of Fort Worth's PeopleSoft Supplier Portal in the "Bid
Opportunities" tile.
The City of Fort Worth seeks bids from qualified bidders to establish an annual agreement for spot mowing for
the Park and Recreation Department per the attached specifications.
Terms & Conditions
A pre -bid conference will be held at 9:00 AM, Wednesday, July 3, 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.
Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this
solicitation. Completed Bids including one executed original, four 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., July 18,
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. 19-0000011, ITB - Hot Spot Mowing AND MUST BE RECEIVED
BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED.
Late bids will be returned or destroyed; they will not be opened nor considered in the evaluation of the bid.
Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn
after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon
which prices are offered, at the price(s) and upon the terms, conditions and scope/specifications contained in
this document. The period for acceptance of this bid will be 90 calendar days after the bid opening date.
DOCUMENT NAME - LOCATION
Bid Offer Sheet' - Cover Page of Final Bid Document V1 and attached as a separate document
Instruction to Bidders - Part 1 of Final Bid Document V1
Purchasing Agreement Specifications - Part 2 of Final Bid Document V1
Standard Purchasing Terms and Conditions - Part 3 of Final Bid Document V1
Scope of Services/Specifications - Part 4 of Final Bid Document V1
Price Sheet* - Part 5 of Final Bid Document V1
Sample Contract - Part 6 of Final Bid Document V1
Conflict of Interest Disclosure Requirement* - Attachment A of Final Bid Document V1
Consideration of Location of Bidder's Principal Place of Business'*(if applicable) - Attachment B of Final
Bid Document V1
Reference Sheet* - Attachment C of Final Bid Document V1
Vendor Contact Information* - Attachment D of Final Bid Document V1
List of Machinery & Equipment' - Attachment E of Final Bid Document V1
Technology Capability" - Attachment F of Final Bid Document V1
Company Information - Attachment G of Final Bid Document V1
How to Register with the City of Fort Worth - Attachment H of Final Bid Document V1
No Bid Sheet - Attachment I of Final Bid Document V1
"Required to be completed and submitted. See Section 20.0, Part 2 for all required document submission.
Documents are hereby incorporated into this Solicitation by reference, with the same force and effect as if
they were incorporated in full text.
FORT WORTH,
11000— CITY OF FORT WORTH BID OFFER
EventlD Page
CFW01-19-0000011 2
Event Round Version
1 1
Event Name
ITB 19-0000011 Hot Spot Mowing
Start Time Finish Time
06/26/2019 08:00:00 CDT 07/18/2019 13:30:00 CDT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by
submitting and signing below, acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference, and agrees to be bound by the terms
therein.
Company Name:
Company Address:
City, State, Zip:
Vendor Registration N
Printed Name of Officer or Authorized Representative:
Title
Signature of Officer or Authorized Representative:
Email Address:
Phone Number:
FORT WORT H
CITY OF FORT WORTH BID OFFER
Event ID Page
CFW01-19-0000011 3
Event Round Version
1 1
Event Name
ITB 19-0000011 Hot Spot Mowing
Start Time Finish Time
06/26/2019 08:00:00 CDT 07/18/2019 13:30:00 CDT
Line Details
Invited: EVENT DETAILS
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 1
Description: Qty Unit UnitPrice Total
Line 1 total from price sheet, Row Mowing 1.00 EA
Line: 2
Description: Qty Unit UnitPrice Total
Line 2 total from price sheet, Row Mowing 1.00 EA
Line: 3
Description: Qty Unit UnitPrice Total
Line 3 total from price sheet, Corner Clip 1.00 EA
Mowing
Line: 4
Description: Qty Unit UnitPrice Total
Line 4 total from price sheet, Traffic 1.00 EA
Divider Mowing
Line: 5
Description: Qty Unit UnitPrice Total
Line 5 total from price sheet, Traffic 1.00 EA
Divider Mowing
Line: 6
Description: Qty Unit UnitPrice Total
Line 6 total from price sheet, Park Mowing 1.00 EA
Line: 7
Description: Qty Unit UnitPrice Total
Line 7 total from price sheet, Call Back 1.00 EA
Litter Clean Up
Line: 8
Description: Qty Unit UnitPrice Total
Line 8 total from price sheet, Call Back 1.00 EA
Litter Clean Up
FORT WORT H
CITY OF FORT WORTH BID OFFER
Event ID Page
CFW01-19-0000011 4
Event Round Version
1 1
Event Name
ITB 19-0000011 Hot Spot Mowing
Start Time Finish Time
06/26/2019 08:00:00 CDT 07/18/2019 13:30:00 CDT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 9
Description: Qty Unit UnitPrice Total
Line 9 total from price sheet, Call Back 1.00 EA
Litter Clean Up
Line: 10
Description: Qty Unit UnitPrice Total
Line 10 total from price sheet, Call Back 1.00 EA
Litter Clean Up
Line: 11
Description: Qty Unit UnitPrice Total
Line 11 total from price sheet, Call Back 1.00 EA
Litter Clean Up
Line: 12
Description: Qty Unit UnitPrice Total
Line 12 total from price sheet, Call Back 1.00 EA
Litter Clean Up
Line: 13
Description: Qty Unit UnitPrice Total
Line 13 total from price sheet, Trimming 1.00 EA
Total Bid Amount:
PART - I
INSTRUCTION TO BIDDERS
1.0 SOLICITATION
1.1 Review of Documents: Bidders are expected to examine all documents that make up the
Solicitation. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency
or error that they may discover upon examination of the Solicitation. Bidders must use a
complete Solicitation to prepare Bids. The City assumes no responsibility for any errors or
misrepresentations that result from the use of incomplete Solicitations.
1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location
and phone number for the Purchasing Division are specified in the advertisement and in the
solicitation.
2.0 EXPLANATIONS OR CLARIFICATIONS
2.1 Any explanation, clarification, or interpretation desired by a Bidder regarding any part of the
Solicitation must be requested in writing from the Purchasing Division with sufficient time
allowed for a written addendum to reach each Bidder before the submission of their Bid.
Interpretations, corrections, or changes to the Solicitation made in any other manner are
not binding upon the City, and Bidders shall not rely upon such interpretations, corrections
or changes. Oral explanations or instructions given before the award of the Contract are
not binding.
2.2 Requests for explanations or clarifications may be faxed to the City's Purchasing Division at
(817) 392-8440. The fax must clearly identify the Buyer's name and the Solicitation
number. Any material information given to one Bidder concerning a Solicitation will be
furnished by an Addendum to all Bidders who have been issued a Solicitation.
2.3 Unauthorized Communications: Bidders' contact regarding this Invitation to Bid (ITB)
with employees or officials of the City other than the Purchasing Manager, the Minority and
Women Business Enterprise (M/WBE) Office, or as otherwise indicated in the ITB is
prohibited and may result in disqualification from this procurement process. No officer,
employee, agent or representative of the Respondent shall have any contact or discussion,
verbal or written, with any members of the City Council, City staff or City's consultants, or
directly or indirectly through others, seek to influence any City Council member, City staff,
or City's consultants regarding any matters pertaining to this solicitation, except as herein
provided. Any violation of this prohibition may result in the Respondent being disqualified
from the procurement process. Any oral communications are considered unofficial and
non -binding with regard to this ITB.
3.0 PRE -BID CONFERENCE - A pre -bid conference will be held at 9:00 AM, Wednesday, July 3, 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.
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
Revised 6.25.18cg
should request a Tax Exemption Certificate from the Purchasing Division. Under no
circumstances shall the City be liable to pay taxes for which the City has an exemption
under any Contract.
4.2 Brand Name or Equal: If the Solicitation indicates brand name or "equal" products are
acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate
those features that render it equal. Final determination of a product as "equal" remains
with the City.
4.3 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar
days. Time is of the essence in any City purchase. If the indicated date cannot be met or
the date is not indicated, the Bidder shall state its best delivery time.
4.4 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and
Allowed. The Bidder should quote its lowest and best price, with the goods delivered to the
place specified, at the Bidder's expense and risk, and there tender delivery to the City.
Bids offering any other delivery terms are not acceptable and may be cause for rejection.
4.5 Prices:
4.5.1 Bids shall be firm priced offers unless otherwise specified.
4.5.2 Pricing shall be entered on the Bid Sheet in ink.
4.5.3 Totals shall be entered in the "Total Price" column of the Bid Sheet.
4.5.4 In the event of a discrepancy between unit price and extended price, the unit price
shall govern.
4.5.5 Prices shall be offered in the Dollars of the United States of America (or decimal
fractions thereof).
4.6 Signature: The Bidder must sign each document in the Solicitation requiring a signature.
Any change made to the Bid must be initialed by the Bidder.
4.7 Bid Security: If a bid security is required for this purchase, the requirement will be reflected
in the "Specification" section of the bid package. Cashier's check or an acceptable surety
bond in the amount indicated in the Notice to Bidders must be submitted at the time the bid
is submitted, and is subject to forfeiture in the event the successful bidder fails to execute
the contract documents within 10 calendar days after the contract has been awarded.
4.7.1 To be an acceptable surety on the bond:
4.7.1.1 The name of the surety shall be included on the current Department of the
Treasury's Listing of Approved Sureties (Department Circular 570); or
4.7.1.2 The surety must have capital and surplus equal 10 times the amount of the
bond. The surety must be licensed to do business in the state of Texas.
4.8 Alternate Bids: Bidders may offer an "equal" product as an alternate bid. Final "approved
equal" determination remains with the City.
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.
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
4.9.2 If a Bidder does not desire proprietary information in the bid to be disclosed, each
page must be identified and marked proprietary at time of submittal. The City will,
to the extent allowed by law, endeavor to protect such information from disclosure.
The final decision as to information that must be disclosed lies with the Texas
Attorney General.
4.9.3 Failure to identify proprietary information will result in all unmarked sections being
deemed non-proprietary and available upon public request.
4.10 Bid Preparation Costs: All costs associated with preparing a Bid in response to a
Solicitation shall be borne by the Bidder.
4.11 Payments: All payment terms shall be "Net 30 Days" unless otherwise specified in the bid
document.
4.11.1 Successful bidders are encouraged to register for direct deposit payments prior to
providing goods and/or services using the forms posted on the City's website at
http://www.fortworthgov.org/purchasing/, click on "Automated Clearing House
Setup"
5.0 SUBMISSION OF BIDS
5.1 Bid document: Unless otherwise specified, Bidders are required to submit a signed
executed original and one scanned copy in flash drive. Bids must be submitted in a sealed
envelope with the bid number written on the outside of the envelope.
5.2 Documents required with Bid: The following documents must be submitted with each Bid
prior to the Due Date:
5.2.1 The completed and signed first page of this document;
5.2.2 The Price Offer in Bid Solicitation Sheet(s); and
5.2.3 Any other document included in the Solicitation requiring completion or execution
by the Bidder.
5.3 Addenda: Receipt of an Addendum must be acknowledged by signing and returning the
Addendum with the Bid if requested or under separate cover prior to the Due Date and
Time. Addenda containing bid pricing should be returned in a sealed envelope marked on
the outside with the Bidder's name, address, the Solicitation number, and the Due Date and
time.
5.4 Late Bids: Bids must be received in the Purchasing Division prior to the Due Date and
Time. All Bids received after the Due Date and Time are considered late and will be
returned to the Bidder unopened. The time stamp clock on the receptionist's desk in the
Purchasing Division is the time of record. It is the sole responsibility of the Bidder to ensure
timely delivery of the Bid to the Purchasing Division. The City will not be responsible for
failure of service on the part of the U.S. Postal Office, courier companies, or any other form
of delivery service chosen by the Bidder. Bids delivered to a City location other than the
Purchasing Division will not be considered. The Bid must be received by the Purchasing
Division and stamped before deadline to be considered.
6.0 MODIFICATION OR WITHDRAWAL OF BIDS
6.1 Modification of Bids: Bids may be modified in writing at any time prior to the Due Date.
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
6.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the
facsimile is signed by the Bidder) at any time prior to the Due Date. A Bid may also be
withdrawn in person by a Bidder, provided the withdrawal is made prior to the Due Date. A
receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the
Due Date without forfeiture of the Bid guarantee, unless there is a material error in the Bid.
Withdrawn Bids may be resubmitted, with or without modifications, prior to the Due Date.
The City may require proof of agency from the person withdrawing a bid.
7.0 OPENING OF BIDS
The Purchasing Division representative responsible for opening Bids shall personally and publicly
open all Bids timely received, reading each bid aloud.
8.0 EVALUATION FACTORS AND AWARD
8.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless
otherwise specified). However, the City may evaluate and award the Contract for any item
or group of items shown on the Solicitation, or any combination deemed most
advantageous to the City. Bids that specify an "all or none" award may be considered if a
single award is advantageous.
8.2 Award. The Method of Award is detailed in Section 19 in Part III Scope of
Services/Specifications
8.3 Acceptance of Bid: Acceptance of a Bid will be in the form of a Purchase Order or a
Contract. Subsequent purchase releases may be issued as appropriate. The contents of a
Bid shall become a part of the Contract. Under no circumstances will the City be
responsible for Goods or Services provided without an acceptance signed by an Authorized
City Representative.
8.4 Reservations: The City expressly reserves the right to:
8.4.1 Specify approximate quantities in the Solicitation;
8.4.2 Extend the Solicitation opening date and time;
8.4.3 Consider and accept alternate Bids, if specified in the Solicitation, when most
advantageous to the City;
8.4.4 Waive as an informality, minor deviations from specifications provided they do not
affect competition or result in functionally unacceptable goods or services;
8.4.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality
is one that does not affect the competitiveness of the Bidder);
8.4.6 Add additional terms or modify existing terms in the Solicitation;
8.4.7 Reject a bid because of unbalanced unit prices bid;
8.4.8 Reject or cancel any or all Bids;
8.4.9 Reissue a Solicitation;
8.4.10 Procure any item by other means; and/or
8.4.11 Award to multiple vendors on a non-exclusive award basis, or primary and
secondary vendors.
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
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:
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
http://fortworthtexas.gov/citysecretary/info/default.aspx?id=2914 on the City's
website.
11.0 COOPERATIVE PURCHASING
11.1 Should other governmental entities decide to participate in this contract, bidder, shall
indicate in their proposals whether they agree that all terms, conditions, specification, and
pricing would apply.
11.2 If the successful bidder agrees to extend the resulting contract to other governmental
entities, the following shall apply: Governmental entities within utilizing Contracts with the
City of Fort Worth shall be eligible, but not obligated, to purchase material/services under
this contract(s) awarded as a result of this solicitation. All purchases by governmental
entities other than the City of Fort Worth shall be billed directly to that governmental entity
and paid by that governmental entity. The City of Fort Worth shall not be responsible for
another governmental entity's debts. Each governmental entity shall order its own
material/services as needed
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
PART — 2
PURCHASING AGREEMENT SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City) seeks bids to finalize an Agreement for hot spot mowing for
the Park and Recreation Department on an as needed basis. The successful bidder(s),
known hereafter as "Contractor"/"Vendor."
1.2 The term of this Agreement shall begin on the date stated in Purchase Order ("Effective
Date") and shall expire one year from the effective date, unless terminated earlier in
accordance with the provisions of this Agreement. This Agreement may be renewed for
four additional one year periods upon written Agreement of the City and Contractor.
However, if funds are not appropriated, the City may cancel the Agreement 30 calendar
days after providing written notification to the Contractor / Vendor.
1.3 Following the award, additional services of the same general category that could have been
encompassed in the award of this Agreement, and that are not already on the Agreement,
may be added based on the discount bid and price sheet provided with the bid.
1.4 Unit prices shall include all costs associated with the specified work, including but not
limited to handling, delivery, fuel charges, fees and certifications fees. No additional
charges will be accepted or paid by the City.
1.5 All items supplied resulting from this bid shall be of recent production, unused, and suitable
for their intended purpose.
1.6 The submission of a bid by the bidder shall be considered evidence of compliance with
these requirements.
2.0 DETAILED SCOPE OF SERVICES/SPECIFICATIONS
2.1 The Vendor hereby agrees to provide the City with requirements attached hereto and
incorporated for all purposes incident to this Agreement in Part - 4, 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.
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
4.0 LAWS. REGULATIONS. AND ORDINANCES
4.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations;
State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City:
laws, ordinances, and regulations for safety of people, environment, and property. This
includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations
and Commissions such as the Environmental Protection Agency (EPA), Occupational
Safety and Health Administration (OSHA), and the Texas Commission on Environmental
Quality (TCEQ). In the event any law, regulation or ordinance becomes effective after the
start of this Agreement, the Vendor is required to comply with new policy. Any mandates
requiring the City to comply with new guidelines will also require the Vendor to comply.
5.0 INVOICING REQUIREMENTS
5.1 All invoices should be submitted directly to the requesting department. It is the
responsibility of the Vendor to get the name of the responsible person, telephone numbers
and address of the department's division at the time the service is requested.
5.2 A properly prepared invoice shall be typewritten or computer printed and shall include the
Vendor's name, number and federal tax identification number, invoice number, address,
date, service or item description, unit price, extended cost, and City issued purchase order
number. Incomplete or inaccurate invoices may result in delayed payments, as they shall
be returned to the Vendor for correction and re -submittal.
6.0 UNIT PRICE ADJUSTMENT
6.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the
renewal period but before the effective date of the renewal upon written request from the
Vendor.
6.2 The Vendor must submit its price adjustment request, in writing, at least 60 days before the
renewal effective period. The Vendor shall provide written proof of cost increases with
price adjustment request.
6.3 If the City concludes that the rate increase being requested is exorbitant, the City reserves
the right to adjust the rate request, or reject the rate request in its entirety and allow the
contract to expire at the end of the contract term. If the City elects not to exercise the
renewal option, the Purchasing Division will issue a new solicitation.
6.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associated freight and delivery costs.
6.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in
extensions or totals, the unit prices offered will govern.
6.6 Upon expiration of the Agreement term the successful bidder, agrees to hold over under
the terms and conditions of this Agreement for a reasonable period of time to allow the city
to re -bid an agreement, not to exceed ninety (90) days. Vendor will be reimbursed for this
service at the prior agreement rate(s). Vendor shall remain obligated to the City under all
clauses of this Agreement that expressly or by their nature extends beyond and survives
the expiration or termination of this Agreement.
6.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written
notice to the City.
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
7.0 QUANTITIES
7.1 The quantities listed on the bid solicitation are only estimates based on previous usage and
do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth
is obligated to pay for only those materials and services actually ordered by an authorized
City employee and then received as required and accepted by the City.
8.0 INSURANCE REQUIREMENTS — See limits on Sample Contract, Part 6
9.0 ADDITIONAL INSURANCE REQUIREMENTS — See requirements on Sample Contract, Part 6
10.0 PERFORMANCE
10.1 Failure of the City to insist in any one or more instances upon performance of any of the
terms and conditions of this Agreement shall not be construed as a waiver or
relinquishment of the future performance of any terms and conditions, but the Vendor's
obligation with respect to such performance shall continue in full force and effect.
11.0 COMPLAINTS
11.1 Complaints processed through the City Purchasing Division are to be corrected within
fourteen (14) days of formal notice of complaint. Written response to the Purchasing
Division is required. Failure to properly resolve complaints within the fourteen (14) calendar
day time period may result in the cancellation of the applicable line item(s) in the price
agreement.
12.0 SUBCONTRACTING
12.1 No subcontracting of the work under this Agreement will be allowed without written
permission from the City.
13.0 OMITED
14.0 OMITED
15.0 SAFETY
15.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations;
State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City:
laws, ordinances, and regulations for safety of people, environment, and property. This
includes, but is not limited to, all licenses, all Federal, State, County, and City Agencies,
Administrations and Commissions such as the Environmental Protection Agency (EPA),
Occupational Safety and Health Administration (OSHA), and the Texas Commission on
Environmental Quality (TCEQ).
16.0 HAZARDOUS CONDITIONS
16.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or
damage to City property.
17.0 CONTRACT ADMINISTRATION
17.1 Contract administration will be performed by the City Department. In the event the Vendor
fails to perform according to the terms of the agreement, The Department head or his/her
designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to
discuss the Vendor's deficiencies. A written cure notice may be prepared giving the
Vendor 14 calendar days to cure any deficiency.
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
17.2 In the event the Vendor continues with unsatisfactory performance, the department will
promptly notify the Purchasing Manager who will take appropriate action to cure the
performance problem(s), which could include cancellation, termination for convenience or
default. If the agreement is terminated for default, the Vendor may be held liable for excess
cost and/or liquidated damages.
17.3 The Vendor will be paid only those sums due and owing under the agreement for services
satisfactorily rendered, subject to offset for damages and other amounts which are, or
which may become, due and owing to the City.
17.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole
convenience. In the event of such termination, the Vendor shall immediately stop all work
hereunder and shall immediately cause any and all of its suppliers and subVendors to
cease work. Subject to the terms of this agreement, the Vendor shall be paid a percentage
of the agreement price reflecting the percentage of the work performed prior to the notice of
termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the
City using its standard record keeping system, have resulted from the termination.
However, in no event shall the total of all amounts paid to the Vendor exceed the
agreement price. The Vendor shall not be reimbursed for any profits which may have been
anticipated, but which have not been earned up to the date of termination.
18.0 BIDDERS QUALIFICATIONS
18.1 The following information must be submitted as part of the bid package and shall be
supplied in the following order:
18.1.1 Bidder's background, services provided and number of years in business.
18.1.2 Bidders shall provide evidence that they are duly qualified and capable to fulfill and
abide by the requirements listed herein with the bid. The bidder shall demonstrate
its ability to secure and perform the services within the delivery requirements
specified herein.
18.1.3 In order to receive bid award consideration, the bidder shall maintain sufficient
resources to fulfill normal City of Fort Worth requirements.
18.1.4 Bidders shall provide a reference list of a minimum of three (3) current customers
(comparable in size) who the bidder has recently supplied subject item(s) on a
continuing basis over a recent twelve (12) month period.
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
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19-0000011 Hot Spot Mowing
19.1.5 Equipment meets or exceeds specifications for mowing areas involved, Attachment
G - List of Machinery and Equipment. - Maximum 15 points available
19.1.6 Technology meets or exceeds work order specifications for the contract,
Attachment H — Technology Capability - 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 June 26, 2019
Deadline for Questions July 5, 2019 at 5PM Local Time
ITB Due Date July 18, 2019 at 1:30PM Local Time
Bid Evaluations July 18 — July 25, 2019
Recommended Vendor Selection July 25, 2019
20.0 BIDS
20.1 Bidders shall submit the following items with their bid:
20.1.1 A completed and signed Bid Offer Sheet;
20.1.2 A completed Price Sheet;
20.1.3 A completed and signed original Conflict of Interest Questionnaire, Attachment A;
20.1.4 A completed Consideration of Location of Bidder's Principal Place of Business,
Attachment B, if applicable;
20.1.5 A completed Reference Sheet, Attachment C;
20.1.6 A completed Vendor Contract Information form, Attachment D;
20.1.7 A completed and signed original List of Machinery & Equipment, Attachment E;
20.1.8 A completed and signed original Technology Capability, Attachment F;
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
20.1.9 A Completed and singed original Company Information, Attachment G;
20.1.10 All items listed in Section 18.0, Bidder Qualifications;
20.1.11 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 July 5, 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 TO THE ADDRESS BELOW OR FAXED TO
THE TELEPHONE NUMBER BELOW AND MUST BE IDENTIFIED AS LISTED BELOW:
21.2.1 Hand Delivery must be submitted to the Purchasing
21.2.2 Email questions to: FMSPurchasingResponses(cDfortworthtexas.gov
Please include the bid number, name of the bid and Cristina Camarillo 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: Cristina Camarillo, Bid No. 19-0000011.
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
PART - 3
STANDARD PURCHASING TERMS AND CONDITIONS
The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and
subvendors who act on behalf of various\
s City departments, bodies or agencies.
i 11=IJ1►1IIIs] [•];&9=1II=1
The consultant, Contractor(s), supplier, Contractor(s)or other provider of goods and/or services, its
officers, agents, servants, employees, vendors and subvendors who act on behalf of the entity
under a contract with the City of Fort Worth.
Any information submitted to the City of Fort Worth (the "City") may be requested by a member of
the public under the Texas Public Information Act. See TEX. GOV'T CODE ANN. §§ 552.002,
552.128(c) (West Supp. 2006). If the City receives a request for a Seller's proprietary information,
the Seller listed in the request will be notified and given an opportunity to make arguments to
the Texas Attorney General's Office (the "AG") regarding reasons the Seller believes that its
information may not lawfully be released. If Seller does not make arguments or the AG rejects the
arguments Seller makes, Seller's information will be released without penalty to the City.
No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract
with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land,
materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful
violation of this section shall constitute malfeasance in office, and any officer or employee found
guilty thereof shall thereby forfeit his office or position. Any violation of this section with the
knowledge, expressed or implied, of the person or corporation contracting with the City Council
shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII,
Section 16, City of Fort Worth Charter)
5.1 No employees of the Buyer or its officers, agents, servants, vendors or subvendors
who act on behalf of various City departments, bodies or agencies are authorized to
place orders for goods and/or services without providing approved contract numbers,
purchase order numbers, or release numbers issued by the Buyer. The only exceptions
are Purchasing Card orders and emergencies pursuant to Texas Local Government
Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's
Purchasing Division will place such orders.
5.2 Acceptance of an order and delivery on the part of the Seller without an approved
contract number, purchase order number, or release number issued by the Buyer
may result in rejection of delivery, return of goods at the Seller's cost and/or non-
payment.
Seller will package goods in accordance with good commercial practice. Each shipping container,
shall be clearly and permanently marked as follows: (a) Seller's name and address: (b)
Consignee's name, address and purchase order or purchase change order number; (c) Container
number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container
bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided.
Goods shall be suitably packed to secure lowest transportation costs and to conform to
requirements of common carriers and any applicable specifications. Buyer's count or weight shall
be final and conclusive on shipments not accompanied by packing lists.
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will
operate as a tender of goods.
8.0 TITLE AND RISK OF LOSS
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and
takes possession of the goods at the point or points of delivery after inspection and acceptance of
the goods.
Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are
specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for transportation
costs in the amount specified in Seller's proposals or actual costs, whichever is lower, if the
quoted delivery terms do not include transportation costs; provided, Buyer shall have the right to
designate what method of transportation shall be used to ship the goods.
WOME J-W-,W =901 a .
The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase
change order, or release order.
i�NEel: 11 go] aIki69:2X01101ki
Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall
be responsible for all charges for the return to Seller of any goods rejected as being
nonconforming under the specifications.
12.0 INVOICES
12.1 Seller shall submit separate invoices in duplicate, on each purchase order or
purchase change order after each delivery. Invoices shall indicate the purchase order or
purchase change order number. Invoices shall be itemized and transportation charges, if
any, shall be listed separately. A copy of the bill of lading and the freight waybill, when
applicable, should be attached to the invoice. Seller shall mail or deliver invoices to
Buyer's Department and address as set forth in the block of the purchase order,
purchase change order or release order entitled "Ship to." Payment shall not be
made until the above instruments have been submitted after delivery and acceptance of
the goods and/or services.
12.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The Buyer
shall furnish a tax exemption certificate upon Seller's request.
1 : 1 ZIF-11
13.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller
warrants to be no higher than Seller's current prices on orders by others for products and
services of the kind and specification covered by this agreement for similar quantities
under like conditions and methods of purchase. In the event Seller breaches this warranty,
the prices of the items shall be reduced to the prices contained in Seller's proposals,
or in the alternative upon Buyer's option, Buyer shall have the right to cancel this
contract without any liability to Seller for breach or for Seller's actual expense. Such
remedies are in addition to and not in lieu of any other remedies which Buyer may have
in law or equity.
13.2 Seller warrants that no person or selling agency has been employed or retained to solicit
or secure this contract upon an agreement or understanding for commission, percentage,
brokerage or contingent fee, excepting employees of an established commercial or selling
agency that is maintained by Seller for the purpose of securing business. For breach or
violation of this warranty, Buyer shall have the right, in addition to any other right or rights
arising pursuant to said purchase(s), to cancel this contract without liability and to deduct
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
from the contract price such commission percentage, brokerage or contingent fee, or
otherwise to recover the full amount thereof.
� 1 ':• Bill" 1_::_►
Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall
render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will
conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and
the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's
specifications, drawings, and descriptions, Buyer's specifications shall govern.
Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the
U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as
amended. In the event the product does not conform to OSHA standards, Buyer may return the
product for correction or replacement at Seller's expense. In the event Seller fails to make
appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's
expense. Where no correction is or can be made, Seller shall refund all monies received for such
goods within thirty (30) days after request is made by Buyer in writing and received by Seller.
Notice is considered to have been received upon hand delivery, or otherwise in accordance with
Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach and
cause this contract to terminate immediately.
If this purchase is for the license of software products and/or services, and unless otherwise
agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable,
royalty free license to use the software. This software is "proprietary" to Seller, and is licensed
and provided to the Buyer for its sole use for purposes under this Agreement and any attached
work orders or invoices. The City may not use or share this software without permission of the
Seller; however Buyer may make copies of the software expressly for backup purposes.
17.1 The SELLER warrants that all Deliverables, or any part thereof, furnished
hereunder, including but not limited to: programs, documentation, software,
analyses, applications, methods, ways, and processes (in this Section each
individually referred to as a "Deliverable" and collectively as the "Deliverables,") do
not infringe upon or violate any patent, copyrights, trademarks, service marks,
trade secrets, or any intellectual property rights or other third party proprietary
rights, in the performance of services under this Agreement.
17.2 SELLER shall be liable and responsible for any and all claims made against the City
for infringement of any patent, copyright, trademark, service mark, trade secret, or
other intellectual property rights by the use of or supplying of any Deliverable(s) in
the course of performance or completion of, or in any way connected with
providing the services, or the City's continued use of the Deliverable(s) hereunder.
17.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense,
including the payment of attorney's fees, any claim or action against the City
for infringement of any patent, copyright, trade mark, service mark, trade secret,
or other intellectual property right arising from City's use of the Deliverable(s), or
any part thereof, in accordance with this Agreement, it being understood that this
agreement to indemnify, defend, settle or pay shall not apply if the City modifies or
misuses the Deliverable(s). So long as SELLER bears the cost and expense of
payment for claims or actions against the City pursuant to this section 8, SELLER
shall have the right to conduct the defense of any such claim or action and
all negotiations for its settlement or compromise and to settle or compromise any
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
such claim; however, City shall have the right to fully participate in any and all
such settlement, negotiations, or lawsuit as necessary to protect the City's
interest, and City agrees to cooperate with SELLER in doing so. In the event City,
for whatever reason, assumes the responsibility for payment of costs and
expenses for any claim or action brought against the City for infringement arising
under this Agreement, the City shall have the sole right to conduct the defense of
any such claim or action and all negotiations for its settlement or compromise
and to settle or compromise any such claim; however, SELLER shall fully
participate and cooperate with the City in defense of such claim or action. City
agrees to give SELLER timely written notice of any such claim or action, with
copies of all papers City may receive relating thereto. Notwithstanding the
foregoing, the City's assumption of payment of costs or expenses shall not
eliminate SELLER's duty to indemnify the City under this Agreement. If the
Deliverable(s), or any part thereof, is held to infringe and the use thereof is
enjoined or restrained or, if as a result of a settlement or compromise, such use is
materially adversely restricted, SELLER shall, at its own expense and as City's sole
remedy, either: (a) procure for City the right to continue to use the Deliverable(s);
or (b) modify the Deliverable(s) to make them/it non -infringing, provided that
such modification does not materially adversely affect City's authorized
use of the Deliverable(s); or (c) replace the Deliverable(s) with equally
suitable, compatible, and functionally equivalent non -infringing Deliverable(s) at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably
available to SELLER, terminate this Agreement, and refund all amounts paid to
SELLER by the City, subsequent to which termination City may seek any and all
remedies available to City under law.
Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes,
methods, programs, and manuals that were developed, prepared, conceived, made or suggested
by the Seller for the City pursuant to a Work Order, including all such developments as are
originated or conceived during the term of the Contract and that are completed or reduced to writing
thereafter (the "Work Product") and Seller acknowledges that such Work Product may be
considered "work(s) made for hire" and will be and remain the exclusive property of the City. To the
extent that the Work Product, under applicable law, may not be considered work(s) made for hire,
Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns
exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller may
have in any Work Product or any tangible media embodying such Work Product, without the
necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own
name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of its
vendors hereby waives any property interest in such Work Product.
The City owns and operates a computing environment and network (collectively the "Network"). If
Seller requires access, whether onsite or remote, to the City's network to provide services
hereunder, and the Seller is required to utilize the Internet, Intranet, email, City database, or other
network application, Seller shall separately execute the City's Network Access Agreement prior to
providing such services. A copy of the City's standard Network Access Agreement can be provided
upon request.
Buyer shall have the right to cancel this contract immediately for default on all or any part of the
undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which Buyer
may have in law or equity.
1M I =1 :4M I 10_ •►
The performance of work or purchase of goods under this order may be terminated in whole or in
part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice of
Termination" specifying the extent to which performance of work or the goods to be purchased
under the order is terminated and the date upon which such termination becomes effective. Such
right of termination is in addition to and not in lieu of any other termination rights of Buyer as set
forth herein.
1 ►L� ► e►
No interest, obligation or right of Seller, including the right to receive payment, under this contract
shall be assigned or delegated to another entity without the express written consent of Buyer. Any
attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all
purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller
agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by
Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights,
interests, or obligations to another entity. The documents that may be requested include, but are
not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form W-
9 to verify tax identification number, etc. Buyer reserves the right to withhold all payments to any
entity other than Seller, if Seller is not in compliance with this provision. If Seller fails to provide
necessary information in accordance with this section, Buyer shall not be liable for any penalties,
fees or interest resulting therefrom.
0t 1�T,TEI1y/:I
No claim or right arising out of a breach of this contract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration in writing and is signed by the aggrieved party.
1E N•TO•►
This contract can be modified or rescinded only by a written agreement signed by both parties.
In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement
between Buyer and Seller shall consist of these Standard Terms and Conditions together with any
applicable proposal documents published by the Buyer and Seller's Response to such proposal
(the "contract documents"). This Agreement is intended by the parties as a final expression of their
agreement and is intended also as a complete and exclusive statement of the terms of their
agreement. No course of prior dealings between the parties and no usage of trade shall be relevant
to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a
course of performance under this Agreement shall not be relevant to determine the meaning of this
Agreement even though the accepting or acquiescing party has knowledge of the performance and
opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is used
in this Agreement, the definition contained in the UCC shall control. In the event of a conflict
between the contract documents, the order of precedence shall be these Standard Terms and
Conditions, the Buyer's published proposal documents and the Seller's response. If Buyer and
Seller have otherwise negotiated a contract, this Agreement shall not apply.
This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform
Commercial Code" or "UCC" is used. It shall be construed as meaning the Uniform Commercial
Code as adopted and amended in the State of Texas. Both parties agree that venue for any
litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract shall
be governed, construed and enforced under the laws of the State of Texas.
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
Seller shall operate hereunder as an independent Contractor(s) and not as an officer, agent,
servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to
control, the details of its operations hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, employees, vendors and sub -
vendors. The doctrine of respondeat superior shall not apply as between Buyer and Seller, its
officers, agents, employees, vendors and subvendors. Nothing herein shall be construed as
creating a partnership or joint enterprise between Buyer and Seller, its officers, agents,
employees, vendors and subvendors.
28.1 LIABILITY - SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR
OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF SELLER, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
28.2 INDEMNIFICATION - SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY,
HOLD HARMLESS AND DEFEND THE CITY (ALSO REFERRED TO AS BUYER), ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND
ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO SELLER'S BUSINESS, AND ANY RESULTING LOST
PROFITS) PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,
AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT
CAUSED BY THE ACTS OR OMISSIONS OF SELLER, ITS OFFICERS, AGENTS,
SUBCONTRACTOR(S)S, SERVANTS OR EMPLOYEES.
29.0 SEVERABILITY
In case any one or more of the provisions contained in this agreement shall for any reason, be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this agreement, which agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for
payments due under this contract, then Buyer will immediately notify Seller of such occurrence
and this contract shall be terminated on the last day of the fiscal period for which funds have been
appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions
of annual payments herein agreed upon for which funds shall have been appropriated and
budgeted or are otherwise available.
Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to
have been delivered three (3) business days following the day such notice is deposited in the
United States mail, in a sealed envelope with sufficient postage attached, addressed to
Purchasing Manager, City of Fort Worth, Purchasing Division, 200 Texas Street, Fort Worth,
Texas 76102. Notices to Seller shall be conclusively determined to have been delivered three (3)
business days following the day such notice is deposited in the United States mail, in a sealed
envelope with sufficient postage attached, addressed to the address given by Seller in its
response to Buyer's invitation to proposals. Or if sent via express courier or hand delivery,
notice is considered received upon delivery.
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
This contract is made and entered into with reference specifically to Chapter 17, Article III,
Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as
amended, and Seller hereby covenants and agrees that Seller, its employees, officers,
agents, vendors or subvendors, have fully complied with all provisions of same and that no
employee, participant, applicant, Contractor(s)or subContractor(s)has been discriminated against
according to the terms of such Ordinance by Seller, its employees, officers, agents,
Contractor(s)or subvendors herein.
City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing
employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the
identity and employment eligibility of all employees who perform work under this Agreement.
Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all
supporting employment eligibility and identity documentation for all employees, and upon request,
provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee
who performs work under this Agreement. Vendor shall establish appropriate procedures and
controls so that no services will be performed by any employee who is not legally eligible to perform
such services. Vendor shall provide City with a certification letter that it has complied with the
verification requirements required by this Agreement. Vendor shall indemnify City from any
penalties or liabilities due to violations of this provision. City shall have the right to immediately
terminate this Agreement for violations of this provision by Vendor.
Services, products, materials, and supplies provided by the Seller must meet or exceed all
applicable health, safety, and the environmental laws, requirements, and standards. In addition,
Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and
inspections necessary to provide the products or to perform the services hereunder. Seller shall
indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall
have the right to immediately terminate this Agreement for violations of this provision by Seller.
• • _ IWI
Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration of
three (3) years after final payment under this contract, and at no additional cost to Buyer, have
access to and the right to examine and copy any directly pertinent books, computer disks, digital
files, documents, papers and records of the Seller involving transactions relating to this contract,
including any and all records maintained pursuant to Section 31 of this Agreement. Seller agrees
that the Buyer shall have access, during normal working hours, to all necessary Seller facilities,
and shall be provided adequate and appropriate workspace, in order to conduct audits in
compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of any
copying in accordance with the standards set forth in the Texas Administrative Code. The Buyer
shall give Seller reasonable advance written notice of intended audits, but no less than ten (10)
business days.
36.0 DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller
warrants that it and any and all of its subvendors will not unlawfully discriminate on the basis of
disability in the provision of services to general public, nor in the availability, terms and/or
conditions of employment for applicants for employment with, or employees of Seller or any of its
subvendors. Seller warrants it will fully comply with ADA's provisions and any other applicable
federal, state and local laws concerning disability and will defend, indemnify and hold Buyer
harmless against any claims or allegations asserted by third parties or subvendors against Buyer
arising out of Seller's and/or its subvendor's alleged failure to comply with the above -referenced
laws concerning disability discrimination in the performance of this agreement.
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
• • •
If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty,
obligations, services rendered or any warranty that arises under this Agreement, the parties shall
first attempt to resolve the matter through this dispute resolution process. The disputing party shall
notify the other party in writing as soon as practicable after discovering the claim, dispute, or
breach. The notice shall state the nature of the dispute and list the party's specific reasons for
such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a
good faith effort, either through email, mail, phone conference, in person meetings, or other
reasonable means to resolve any claim, dispute, breach or other matter in question that may arise
out of, or in connection with this Agreement. If the parties fail to resolve the dispute within sixty
(60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter
to non -binding mediation upon written consent of authorized representatives of both parties in
accordance with the Industry Arbitration Rules of the American Arbitration Association or other
applicable rules governing mediation then in effect. If the parties cannot resolve the dispute
through mediation, then either party shall have the right to exercise any and all remedies available
under law regarding the dispute.
38.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is
prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing
this contract, Seller certifies that Seller's signature provides written verification to the City that
Seller: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.
Revised August 31, 2017.
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
PART-4
SCOPE OF SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth seeks bids from qualified bidders to establish annual agreements
for mowing, trimming, and liter pickup at Parks and Recreation's contracted mowed
locations as per the attached specifications. The term of the Agreement shall be for a
one-year with an additional four-year renewal periods. See attached Non -Exclusive
Mowing and Grounds Maintenance Services Agreement, Part 6.
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
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NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES AGREEMENT
THIS NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES
AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH
("City"), a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized
representative, and , a Texas (enter entity type), acting by and through its duly
authorized representative ("Contractor").
WHEREAS, City, through its Park and Recreation Department ("Park Department"), contracts
for mowing and grounds maintenance services within the City;
WHEREAS, through (ITB/RFP No. the City solicited bids to award non-exclusive services
agreements to multiple bidders for mowing and grounds maintenance services on an as -needed basis in the
City with an aggregate amount of for contracts awarded to the successful bidders;
WHEREAS, Contractor was one of the successful bidders awarded a contract to provide non-
exclusive mowing and grounds maintenance services to the City;
WHEREAS, City and Contractor wish to set out tervf C tr is 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
4
The contract documents shall inc
,Lude the following:
1. This Non -Exclusive Mowing and Grounds Maintenance Services Agreement
2. Exhibit A — Contract Specifications
3. Exhibit B — City of Fort Worth Bid Solicitation (ITB/RFP No. )
4. Exhibit C — Contractor's Response to City of Fort Worth ITB/RFP No.
5. Exhibit D — Insura ce
All Exhibits attached hereto are incorporated herein and are made a part of this Agreement for all
purposes. In the event of any conflict between the Exhibits and the terms and conditions of this Agreement,
this Agreement shall control.
SECTION 2
SCOPE OF WORK
2.1 Contractor shall provide mowing and grounds maintenance services ("Services") to the
City in accordance with the Contract Specifications set forth in Exhibit A, which is attached hereto and
incorporated herein for all purposes.
2.2 Contractor understands and agrees that the City will award non-exclusive purchase
agreements to multiple bidders for mowing and grounds maintenance services as outlined in City of Fort
Worth Bid Solicitation (ITB/RFP No. ), which is attached hereto as Exhibit B, and incorporated
herein for all purposes. Contractor further understands that the aggregate amount of all contracts awarded
to multiple contractors under (ITB.RFP No. ) shall be in the amount of and
Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement Page 1 of26
Rev. 11/18
the City makes no promise or guarantee of the total amount of work that will be assigned to Contractor
under this Agreement. Contractor's Response to City of Fort Worth ITB/RFP No. ("Contractor's
Response") is attached hereto as Exhibit C, and incorporate herein for all purposes.
2.3 The City shall issue a written work order establishing the locations, schedule, and fee to
be paid to the Contractor for each Project Area to be completed by Contractor ("Work Order"). Contractor
shall perform the Services in accordance with each Work Order issued by the City. The City may issue an
amended Work Order to address any changes in the work to be performed after a Work Order has been
issued. Except as otherwise specified in this Agreement, the fee established in each Work Order shall be
based upon the prices submitted by Contractor in Contractor's Response.
SECTION 3
TERM OF AGREEMENT
3.1 Term. The term of this Agreement shall begin on
("Term"), unless terminated earlier in accordance with
Agreement. This Agreement may be renewed for additional
and expire on
the provisions of this
,ear periods upon
written agreement of the City and Contractor.
SECTION 4
INVOICES AND PAYM
4.1 The City shall pay Contractor the fees blish in each Work Order in accordance with
the provisions of this Agreement. Contractor shall t perform y additional services for the City not
specified by this Agreement unless the City requestsd 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 subrm pe written or computer printed invoices to the City which
include the Contractor's name, address ann elephone 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 o the City within two (2) weeks of completing the work.
WF
4.3 Contractor shall sub all invoices to:
Operations Como Management
Attention: Contract Mowing
Park and Recreation Department
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth, TX 76115
CFWMowing(,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 21st day after the date the City receive the invoice.
SECTION 5
LIABILITY AND INDEMNIFICATION
Non -Exclusive Contract 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 LINKED TO, COURT COSTS,
ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF 7ANY 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 W ATSOEVER OF ANY PERSON OR PARTY
OCCASIONED OR ALLEGED TO BE OCC IONED IN WHOLE OR IN PART BY ANY ACT
OR OMISSION ON THE PART OF NTRACTOR 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 (COJ,ECTIVELY, "LIABILITIES").
5.3 If any ac(ontractor,
r proceeding shall be brought by or against the City in connection with any
such liability or claim, on notice from City, shall defend such action or proceeding at
Contractor's expense, byroou�uggh�h attorneys reasonably satisfactory to City.
5.4 It is agreedl'espect 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. 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 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 Is
nable adva e notice of intended audits.
SECTION 8
TERMINATION ,
8.1 Termination for Convenience. Thi greement may be terminated without cause by the
City upon delivery of written notice to Contracto is Agreement may be terminated without cause by
the Contractor thirty (30) days after delivery t City of written notice of such intent to terminate.
8.2 Termination for Cause. Unless stated*lsewhere 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 Agreemervolo,
r
8.3 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any
time during the term of the Agreement, the Fort Worth City Council fails to appropriate funds sufficient
for the City to fulfill its obligations under this Agreement, the City may terminate the portion of the
Agreement regarding such obligations to be effective on the later of (i) ninety (90) calendar days following
delivery by the City to Agreement of written notice of the City's intention to terminate or (ii) the last date
for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this
Agreement.
8.4 Other Remedies. Any termination of this Agreement as provided in this Agreement will
not relieve Contractor from paying any sum or sums due and payable to City under this Agreement that
remains unpaid and due at the time of termination, or any claim for damages then or previously accruing
against Contractor under this Agreement. Any such termination will not prevent City from enforcing the
payment of any such sum or sums or claim for damages by any remedy provided for by law, or from
recovering damages from Contractor for any default under the Agreement. All City's rights, options, and
remedies under this Agreement will be construed to be cumulative, and not one of them is exclusive of the
other. City may pursue any or all such remedies or any other remedy or relief provided by law, whether
or not stated in this Agreement. No such termination shall relieve City from any obligation it may have to
Contractor hereunder and City may pursue any and all rights and remedies or relief provided by law,
whether or not stated in this Agreement.
Non -Exclusive Contract Mowing and 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
Park and Recreation Director
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115
With copies to: 0 \Sk
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102 _
Or to such other address as such party hell designate by notice in writing addressed and mailed
or delivered to the other party hereto
ECTION 11
N DISCRIMINATION
11.1 Contractor Nino, 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. 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 Contract r employees, representative,
agents, servants, officers, contractors, subcontractors, ant volun s 11 operate as independent
contractors as to all rights and privileges and work performed under thi reement, 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, represtative 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, servarff ftfficas,15ontrKors, subcontractors, and volunteers of Contractor. Neither
Contractor, nor any officers, agents, servants, employees or subcontractors of Contractor shall be entitled
to any employment benefits from the City. Contractor shall be responsible and liable for any and all
payment and reporting of taxes on behalf of itself, and any of employees, representative, agents, servants,
officers, contractors, subcontractors, and volunteers.
SECTION 16
AMENDMENTS, CAPTIONS, AND INTERPRETATION
16.1 Except as otherwise provided in this Agreement, the terms and provisions of this
Agreement may not be modified or amended except upon execution of a written amendment to this
Agreement executed by the Assistant City Manager and Contractor and filed with the City Secretary's
Office.
16.2 Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
16.3 In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or
against any party, regardless of the actual drafter of this Agreement.
SECTION 17
GOVERNMENTAL POWERS AND IMMUNITIES
Non -Exclusive Contract Mowing and 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 pfftion does not materially prejudice either
Contractor or City in connection with the right and obligations cNained 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. 1W
20.2 If City notif%s 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. 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 th to immediately terminate this
Agreement for violations of this provision by Contractor.
u
(SIGNATURES ON FOLLOWING PAGE)
Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 8 of 26
Rev. 11/18
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 2.
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
Recommended:
David Creek, Interim Director
Park and Recreation Department
CONTRACTOR
Name:
Title:
M\sk
APPROVED AS TO FORM AND LEGALITY:
Richard A. McCracken
Assistant City Attorney '64�k
ATTEST: IV
46b3
Mary Kayser
City Secretary
M&C:
Date:
Form 1295:
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for
the monitoring and administration of this contract, including all
performance and reporting requirements.
Name:
Title:
Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 9 of 26
Rev. 11/18
EXHIBIT A
CONTRACT SPECIFICATIONS
I. SCOPE OF WORK
The Services shall consist of specific grounds maintenance activities at specified parks,
community centers, boulevards, medians, traffic islands, and other City properties within each
Project Area, as required by an established Maintenance Schedule. The Contractor is responsible
for mowing all areas, removing all trash and litter from each Project Area, edging all curbs and
sidewalks, and trimming all turf along pavement (including expansion cracks extending two (2)
feet onto the pavement, curbs, on or around signs, posts, guard rails, sidewalks, and other
obstacles).
II. DEFINITIONS
The Following terms as used in this Agreement shall have the meanings assigned to them:
1. Call Back. — When a Contractor is requested tt a Project Area to correct
Incomplete Work.
2. Chemical Trimming — The use of n herbicide (such as Roundup and/or an
approved equal containing a pre- rgent, such as Surf LAN or an approved
equal) as an alternative to the is val 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.
Idolb
4. Contract Manager — TWduly authorized representative of the Park and Recreation
Department, who shall monitor the Contractor's performance.
It Iff
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. 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 project areas designated for 21-, or more, day mowing Cycles, or as specified
by the Contract Manager.
10. Mowing Map — A geographical map or images showing designated areas where mowing
should occur for each Project Area.
11. Mowing Season — The time period typically beginning in March and ending in late
November as determined annually by the Park and Recreation Department. Note:
Typically the mowing season will begin when high grass and weeds begin and the mowing
season will end the latter part of November or after the first hard freeze.
12. Non -Mow Area — An area of land designated for wildflowers, flowers or natural
regeneration of native grasses.
13. Ozone Action Days - The period from May 1st through October 31 st (Ozone
Season) of each year when ozone levels are critical. Th e days are determined by
the Texas Natural Resource Conservation Commissil and are announced via
television, radio, and TX DOT highway information boards.
14. Project Area — The specific geograph ea(s) the City designated to receive specific
grounds maintenance services.
15. Trash and Litter — Any debris within a ect ea including, but not limited to, paper,
plastic, cans, bottles (including broken lass), cardboard, rags, bottle tops, tires, limbs and
branches 4 inches or smaller in diarr7eter, 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. Ina ordance with City Ordinance, garage sale signs found in in than areas am also
considered Trash and Litter.
III. EQUIPMENT 400
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.
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
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. 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.
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 g he ntract Manager may make
changes in the Mowing Height requireme
6Mowing
below the proper Mowing hts y result in scalping. The City may
o
terminate this Agreement for Contractor's failure to in w at the proper Mowing Height.
Contractor shall pay all costs to repair damage caused by improper Mowing Heights.
7.
Upon completion, a mowedject 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.
or
8.
Removal of cut grassfrom turf areas will not be required, unless otherwise specified by
the Contract ana . 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 trimmng 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 trimmng 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. 11/18
13. Chemical trimmrlg will not be acceptable for the edging of curbs or concrete sidewalks
or trails. Chemical trimmrlg 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 thVate 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 shal e responsible for damages to Non -Mow Areas caused by
Contractor's agents or emp ees.
19. Contractor shall use reasonable care to avoid damaging buildings, equipment (including
but not lim*aprope
o irrigation heads and valve boxes), or vegetation on City or any other
public or l
20. The Contractor shal ssess the Project Area to be in wed, prior to starting, and make
necessary adjVstments 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 commis 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. 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 1/4 inch, nor cut back from the edge of
walks, trails, drives, or curbs more than 1/4 inch. All concrete sidewalks, trails, curbs, walking paths, and
steps must be mechanically edged, exposing the concrete surface. The Contractor may use a disc edger on
a mower or similar device to edge the median as long as the produced edge meets the standard set forth in
this section. All materials dislodged by edging shall be removed from the site or blown back onto grass
areas, as to leave a clean appearance. Concrete sidewalks shall be edged on both sides.
VII. TREES AND SHRUBS
No pruning of any tree shall be permitted, unless specified otherwise in this Agreement. Broken
limbs or tree debris, along with any trash or litter, shall be removed from ornamental flower and planting
beds, as well as from the entire Project Area during each mowing Cycle. Mulch rings shall be reshaped
prior to leaving a Project Area when dislodged by in wing 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 tl�e Contract Manager.
2. The Co ractnager will conduct random checks of the trees during the Term of the
Agreem
3. A check of albs 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.
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. 11/18
the trunk into the cambial layer''/2" to 2" in width, but less than 1/3 trunk circumference,
or breaking of limbs less than 2" in diameter, or limbs less than 1/3 trunk caliper,
whichever is less; $300.00 for each instance of moderate damage to the tree(s), which in
the opinion of the City Forester contribute to the poor health and reduced longevity of the
tree, examples include, but are not limited to, scaling of the trunk into the cambial layer
greater than 2" but less than 1/3 of the trunk circumference, or breaking of limbs more
than 2" in diameter but less than 1/3 caliper. Severe damage or removal of trees is subject
to the payment of damages in the amount of $200.00 per diameter inch of trees removed
or damaged for trees less than 30", $400.00 per diameter inch of trees greater than 30".
Severe damage or removal shall include, but is not limited to, scarring of the trunk to the
cambial layer greater than 1/3 trunk circumference, uprooting or causing a tree to lean,
damage to a scaffolding branch greater than 1/3 trunk caliper. Branches shall be measured
at the point of attachment or at the lateral to which the branch would be pruned back
according to the ANSI standards. Trees greater than 6" in caliper shall be measured using
diameter at breast height (DBH). In addition to any penalties or damages assessed by the
Park and Recreation Department, trees severely damaged or removed shall also be subject
to fines and penalties of the Tree Conservation Ordinance of the Fort Worth Zoning Code.
Trees that must be removed due to damage caused by the Contractor shall be removed by
the Forestry Section Tree Removal Contractor at the Mowing Contractor's expense.
8. Failure to replace or pay for damaged trees shall result in a breach of contract and the
Contractor will be automatically assessed damages. Damages as described herein shall be
deducted from payments otherwisk due to the Contractor.
IX. FOUNTAIN FEATURES AND SWIMMPOOLS
1. Edging shall be done in such a anner as to keep clippings out of water features. All
clippings and trash lust be roved from water features.
2. Mainten Cceatallfountain features will require turf areas to be mowed with grass
catchingnt. If the Contractor fails to use grass catching equipment, the Contractor
shall pay to th C' e costs incurred by the City to clean up the site, including City staff
time. The City ay deduct these costs from any payments to the Contractor.
X. PONDS, LAKES, AND CREEKS
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
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. 11/18
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.
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.
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 Contra Ma er odiately 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 CONTRAC& 1W
In the event that any one Contractor is awarded contracts for mowing more than one Project Area,
the Contractor shall proce with work i�multaneously in all areas awarded.
XV. SUPERVISIO �REW
Contractor shall pro upervision 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 commmicate 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
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 Contract Mowing and Grounds Maintenance Services Agreement 16 of 26
Rev. 11/18
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
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 commaits.
2. The Contractor shall not begin work on the Project Area until a Work Order is received
by the Contractor from the City.
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 SY TEM. Contractors will be
required to have high-speed access to the Internet in orde Iro receive Work Orders
and submit proof of compliance with Work Orders, including photographs of completed
work. Minimum specifications required for electronic Work Orders are:
a. Digital cameras capable of least 1 mega -pixel with image resolution of 1280
x 1224 that adds date stain the face of the picture.
Ale
b. A high capacity coJpr printer capable of 200 imprints with map image per day.
C. WIRELESS READY- � ability to accept Work Orders and send completed
Work Order, from a 0;jbi e wireless device, laptop, or other similar equipment.
i. ork Orders will be provided to Contractor(s) electronically via the
nternet, 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 in intaining
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
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 Contract 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
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 Cale in accordance with subsection a.
C. If the Contractor expects to vary from qirschedule, the Contractor shall notify the
Contract Manager o e variatio n advance and specify an alternate
Maintenance Sched ernate MainfFhance Schedules are subject to approval
by the Contract Ma r.
2. CHANGES IN SCHEDUL
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. 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
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.
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 insufficiegp014J& period available during the
mowing Cycle for the Services to be perf ed. o r shall not be paid for any
cancelled mowing Cycle.
4. The Contractor may be required to retu"to maintal ecific locations due to Incomplete
Work. Any such Call Back in st belcompletedl within three (3) calendar days of the
request. Failure to complete wor ' entaled in the Call Back will result in non-payment
for the Incomplete Work. t
5. Contractors performing a Call BaclI%vithin 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.
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 t the eduled mowing Cycle.
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.
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
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. 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.
Inspection reports documenting Incomplete Work or poor performance will have
photographic evidence attached. The Contractor's response will include photos of the
precise location of the corrected work, framed with the same background as the original
inspection photograph.
4. Failure to provide photographic evidence upon request will result in non-payment for the
service location until proper photographic evidence is submitted to the City.
XXI. POINT OF CONTACT
1. For accessibility, the Contractor shall designate at 1 s�"a t >(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 pols, 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.
Wr
4. Notification of any changes in contactor's contact number or personnel shall be emailed
to CFWMowinakFortWorthTexas.gov or hand delivered to the Contract Manager within
3 business days of the change.
XXII. ON -CALL MO rING
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.
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.
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. 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 b Contract Manager to
support City of Fort Worth mowing initiatives.
C3
Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 21 of 26
Rev. 11/18
EXHIBIT B
CITY OF FORT WORTH BID SOLICITATION (ITB/RFP NO. )
Non -Exclusive Contract 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 Contract Mowing and Grounds Maintenance Services Agreement 23 of 26
Rev. 11/18
EXHIBIT D
INSURANCE
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 follow s:
Workers' Compensation and Er�loyers' 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 ltnits for Employers' Liability of $100,000 each accident/occurrence,
$500,000 bodily ' 'ury disease policy limit and $100,000 per disease per employee.
4. Commercial Ge ral labi ty Insurance including Explosion, Collapse, and Underground
Coverage shall be provide 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.
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.
The Contractor shall furnish the Purchasing Manager a certificate of insurance documenting the
required insurance prior to the commalcement of Services.
Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 24 of 26
Rev. 11/18
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.
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 o.
200 Texas Street
Fort Worth, Texas 76102
10.3 Any failure on part of the City to est 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 accelkle in the event of non-payment of premium.
10.4 Insurers muslbe a rized to do business in the State of Texas and have a current A.M.
Best rating o or equivalent measure of financial strength and solvency.
10.5 Deductible limits, or self -funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
10.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may
consider alternative coverage or risk treatment measures through insurance pools or risk
retention groups. The City must approve in writing any alternative coverage.
10.7 Workers' compensation insurance policy(s) covering employees of the Contractor shall be
endorsed with a waiver of subrogation providing rights of recovery in favor of the City.
10.8 City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
10.9 Contractor's insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self -funded or commercial coverage maintained by City shall
not be called upon to contribute to loss recovery.
Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 25 of 26
Rev. 11/18
10.10 While the Agreement is in effect, Contractor shall report, in a timely manner, to the
Purchasing Division any known loss occurrence that could give rise to a liability claim or
lawsuit or which could result in a property loss.
10.11 Contractor's liability shall not be limited to the specified amounts of insurance required
herein.
Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 26 of 26
Rev. 11/18
ATTACHMENT - A
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or
seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity
(i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire") the person's
affiliation or business relationship that might cause a conflict of interest with the local governmental entity.
By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after
the date the person begins contract discussions or negotiations with the City, or submits an application or
response to a request for proposals or bids, correspondence, or another writing related to a potential
Agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available
at httr)://www.ethics.state.tx.us/forms/CIQ.r)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 N/A in each of the areas on the form. However, a
signature is required in the #4 box in all cases.
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
QFFICEUSEQNLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code,
oat@ Received
by avendorwho has abusiness relationship as defined by Section 176.001(1-a)with a local
governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filedwith the records administrator of the local governmental
entity not laterthan the 7th business day after the date thevendor 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 underthis section is a misdemeanor.
_jj Name of vendorwho has a business relatlonshlp with local governmental entity.
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 alter the date on which you became aware that the originally filed questionnaire was
incomplete or inaccurate_)
3
Name of local government officer aboutwhom the information in this section is being disclosed.
Name of Officer
This section (item 3 including subparts A, 9, C, & D) must be completed for each officer with wham 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 CIQ 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?
71 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 AN the taxable income is not received from the local governmental entity?
Yes E-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 F-1 No
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 81712615
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
ATTACHMENT -B
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.
Do you have a Fort Worth office? If yes, identify address:
What percentage of estimated gross company sales (worldwide) are sales originating
Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must
50%]
2. Economic Development opportunities resulting from contract.
Number of Fort Worth resident -employees?
in Fort
exceed
Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by
company (for prior tax year — Fort Worth office or former location, if Fort Worth office is newly -
established)?
Certification of information:
The undersigned does hereby affirm that the information supplied is true and correct as of the date
hereof, under penalty of perjury.
(Company Name)
(Date)
(Signature) (Printed Name and Title)
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
ATTACHMENT -C
REFERENCE SHEET
Please complete and return this form with your bid.
The bidder shall furnish references for at least three (3) recent customers to whom products and/or services
have been provided that are similar to those required by this solicitation. The City will be the sole judge of
references. Please use additional sheets.
1. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number ( ) Fax Number ( )
Email
2. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number ( ) Fax Number ( )
Email
3. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number ( ) Fax Number ( )
Email
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
Vendor's Name:
Vendor's Local Address:
Phone:
Email:
ATTACHMENT D — VENDOR CONTACT INFORMATION
Fax:
Name of persons to contact when requesting services or billing questions:
Name/Title
Phone:
Email:
Fax:
Name/Title
Phone: Fax:
Email:
Name/Title
Phone:
Email:
Fax:
Will your company accept P-card payments? yes no
Signature Printed Name Date
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
ATTACHMENT E - LIST OF MACHINERY AND EQUIPMENT
THE LISTED ITEMS OF MACHINERY AND EQUIPMENT ARE REPRESENTED AS PART OF THIS BID
AND ARE AVAILABLE FOR USE IN PERFORMANCE OF THIS BID. "BEING AVAILABLE" SHALL MEAN
THAT THE EQUIPMENT IS OWNED OR UNDER THE CONTROL, THROUGH A LONG TERM LEASE OF
AT LEAST ONE YEAR, OF THE CONTRACTOR SUBMITTING THIS BID.
UNITS TYPES OF EQUIPMENT
ATTACH ADDITIONAL SHEETS AS NEEDED
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
ATTACHMENT F — TECHNOLOGY CAPABILITY
Electronic Work Orders — The City may utilize electronic work orders. ALL
CONTRACTORS MUST HAVE THE TECHNOLOGICAL CAPABILITY TO USE THE
CITY'S ELECTRONIC WORK ORDER SYSTEM. Contractors will be required to have
high-speed access to the Internet in order to receive Work Orders and submit proof of
compliance with Work Orders, including photographs of completed work.
Please answer yes or no for each question below:
Mowing crew access to digital cameras capable of at least 1 mega -pixel with image
resolution of 1280 x 1224 that adds date stamp on the face of the picture.
Yes. No
Admin access to high capacity color printer capable of 200 imprints with map image per
day.
Yes. No
Mowing crew and Admin ability to accept work orders and send completed work orders
from a mobile wireless device, laptop, or other similar equipment.
Yes. No
Mowing Crew access to Android or iPhone cellular telephone, active internet and data
plan able to support up to 10 gigabytes of data per month, camera that can take pictures at
12 megapixels and storage capacity of 128 gigabits or more
Yes. No
Print Name
Signature
Date
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
ATTACHMENT G — COM ANY INFORMATION
Company's Name:
Company's Corporate Address:
Company's Local Office
Address:
Phone: Fax:
Monitored 24/7 Emergency Contact Phone Number:
Normal hours of operation: Weekdays
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:
Email:
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
Weekends
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
ATTACHMENT -H
HOW TO REGISTER WITH THE CITY OF FORT WORTH
I Visit FORTWORTHTEXAS.GOV
I Scroll to the purple section at bottom of page
I Under Business, click Contractors
■ Click Register as a Contractor (right side under BuySpeed Online)
I After reading, click Next step
I Review Contractor Terms & Conditions
I Agree to the terms and click Next Page
I Click Register
2 Enter your Tax ID# (or Social Security Number), Company Name, Country and Email Address;
click Submit. The company name entered MUST be the same as the invoice you would present for
payment to the City of Fort Worth.
E Complete all required information under each tab; be sure to Save & Continue at the bottom of
your screen before proceeding to the next tab.
Categories & Certifications tab — a current W9 form is required before your Contractor
account can be activated. Don't forget to fax or email to
purchasingbso(a�fortworthtexas.gov or (817) 392-1982!!
Summary tab — Verify that all information is accurate and there are no RED Validation
Errors at the top of your screen. If you do have errors, you will not be able to proceed until
all info is completed.
[ Click Complete Registration
I Congratulations, you've registered!! You will receive an email with your registration confirmation
after you have submitted your W9.
For any changes/edits to your Contractor profile please email the Contractor registration
administrator at PurchasingBSO(a)fortworthtexas.gov
The City of Fort Worth prefers to make Contractor payments by direct deposit to Contractors'
checking/savings accounts or by procurement credit card. The direct deposit process is called Automated
Clearing House Transfer (ACH). Advantages of ACH are:
Gives Contractors use of the funds one business day AFTER the transfer has taken place.
Contractors receive an e-mail showing the invoices being paid by the transfer.
Invoices approved for payment by 3:00 p.m. will be transferred same day and will reach the Contractors'
bank accounts by the next business day.
To register for ACH service please visit http://fortworthtexas.gov/purchasinq/, click on the link titled
"Automated Clearing House Setup", download, complete and submit the two ACH forms.
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
ATTACHMENT — I
NO BID SHEET
(Please complete this form, only if, your firm has chosen not to submit a bid)
Cristina Camarillo, Buyer
Purchasing Division
Fax No. 817-392-8440
E-mail address: FMSPurchasingResponses(cD-fortworthtexas.aov
If your firm has chosen not to submit a bid for this procurement, please complete this form and submit to:
City of Fort Worth, Purchasing Division
200 Texas Street
Fort Worth, Texas 76102
{or fax to above address}
Please check the items that apply:
0 Do not sell the item(s) required.
0 Cannot be competitive.
Cannot meet the Specifications highlighted in the attached Bid.
0 Cannot provide Insurance required.
0 Cannot provide Bonding required.
0 Cannot comply with Indemnification requirements.
0 Job too large.
0 Job too small.
0 Do not wish to do business with the City.
0 Other reason.
Company Name:
Authorized Officer or Agent Signature:
Telephone: ( ) FAX Number: ( )
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
FORTWORTH.
ADDENDUM TO INVITATION TO BID 19-0000011
Hot Spot Mowing
PURCHASING DIVISION
ADDENDUM NO. 2
INVITATION TO BID (ITB): 19-0000011
BID OPENING DATE: July 18, 2019 (UNCHANGED)
DATE ISSUED: July 8, 2019
ITB No. 19-00000011, issued June 26, 2019, is hereby amended as follows:
1. Questions and Answers document is hereby incorporated, in full text, page 2.
All other terms and conditions remain unchanged.
Cristina Camarillo
SENIOR BUYER
. ....................................................
By the signature affixed below, Addendum No. 2 is hereby incorporated into and made part of the above
referenced Invitation to Bid.
COMPANY NAME:
SIGNATURE:
NOTE: Company name and signature must be the same as on the original bid documents. Failure to
return this form with your sealed bid may constitute grounds for rejection of your offer.
Questions and Answers
Q1. Regarding medians mow areas, some medians are up to 50 feet wide. Line 8 of the price sheet
only states up to 25 feet perpendicular to curb. Are we to include pricing for 50 feet wide
medians?
Al. The price for line item 8 will be for all medians regardless of size. No additional cost will be paid
by the City.
Q2. Will vendors be able to charge for initial mows?
A2. No, the cost should be covered on the mowing line item and the litter clean up line item.
Q3. How do we submit invoices for these services?
A3. Vendor shall submit their invoices as soon as the work is completed. The department will require
before and after pictures of each work order area. The invoice shall include the PeopleSoft
contract number, PeopleSoft Purchase order number and corresponding line item that was
completed.
Q4. How many vendors will be awarded?
A4. The City reserves the right to make multiple awards. Bids will be evaluated based on the bidder
who offers represents the "best value" to the City.
Q5. Once awarded, how will vendors be selected for each work order?
A5. The department will send the request for work based on the vendor closer to the service area, if
the vendor agrees to perform the work then a purchase order will be issued so that the vendor
can begin the service. There may be instances where the City may select another vendor based
on how fast the work can be completed.
Q6. What is the term of this agreement?
A6. The term is for a one year term with four one year options to renew.
ITB No. 19-0000011, Hot Spot Mowing
Addendum No. 2, Page 2 of 2
FORTWORTH.
ADDENDUM TO INVITATION TO BID 19-0000011
Hot Spot Mowing
PURCHASING DIVISION
ADDENDUM NO. 1
INVITATION TO BID (ITB): 19-0000011
BID OPENING DATE: July 18, 2019 (UNCHANGED)
DATE ISSUED: July 3, 2019
ITB No. 19-00000011, issued June 26, 2019, is hereby amended as follows:
1. The following information has been added: A second pre -bid conference will be held at 9:00 AM,
Monday, July 8, 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.
All other terms and conditions remain unchanged.
C�'. .,
Cristina Camarillo
SENIOR BUYER
. ...................................................
By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above
referenced Invitation to Bid.
COMPANY NAME:
SIGNATURE:
NOTE: Company name and signature must be the same as on the original bid documents. Failure to
return this form with your sealed bid may constitute grounds for rejection of your offer.
EXHIBIT C
CONTRACTOR'S RESPONSE TO CITY OF FORT WORTH ITB/RFP NO. 19-00000011.
Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 23 of 26
Rev. 11/18
FORT WORTH.
CITY OF FORT WORTH BID OFFER
&ent1D
CFWO1-19-0i
rEvent Round
Event Name
ITB 19 _QO0
Start Time
08:0
version
Finish Time
07 18 2919 13:30:00
Page
Invited: EVENT DETAILS
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Event Description
All bid documents can be view on the City of Fort Worth's PeopleSoft Supplier Portal in the "Bid
Opportunities" tile.
The City of Fort Worth seeks bids from qualified bidders to establish an annual agreement for spot mowing for
the Park and Recreation Department per the attached specifications.
Terms & Conditions
A pre -bid conference will be held at 9:00 AM, Wednesday, July 3, 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 POTENTIAL VENDOR'S ABILITY TO SUBMIT FULLY INFORMED AND COMPETITIVE BID RESPONSE, ATTENDANCE
IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED.
Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this
solicitation. Completed Bids including one executed original, four 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., July 18,
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 TH> 1:3Q ❑EADLINE 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, Spacial Delivery etc.) are to be marked on the
outside of the courier s shipping envelope BID No. 19-0000011, ITB - Hot Spot Mowing 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
aftwhich prices are r the official offered, at the price(s) and upon theif the bid a terms, icondit accepted,
and to scopeispernish cifi atiioall
nsitems
onta ed in
this document. The period for acceptance of this bid will be 90 calendar days after the bid opening date.
DOCUMENT NAME - LOCATION
Bid Offer Sheet" - Cover Page of Final Bid Document V1 and attached as a separate document
Instruction to Bidders - Part 1 of Final Bid Document V1
Purchasing Agreement Specifications - Part 2 of Final Bid Document V1
Standard Purchasing Terms and Conditions - Part 3 of Final Bid Document V1
Scope of Services/Specifications - Part 4 of Final Bid Document V1
Price Sheet" - Part 5 of Final Bid Document V1
Sample Contract - Part 6 of Final Bid Document V1
Conflict of Interest Disclosure Requirement" - Attachment A of Final Bid Document V1
Consideration of Location of Bidder's Principal Place of Business"(if applicable) - Attachment B of Final
Bid Document V1
Reference Sheet" -Attachment C of Final Bid Document V1
Vendor Contact Information*" - Attachment D of Final Bid Document V1
List of Machinery & Equipment" - Attachment E of Final Bid Document V1
Technology Capability" -Attachment F of Final Bid Document V1
Company Information" - Attachment G of Final Bid Document V1
How to Register with the City of Fort Worth -Attachment H of Final Bid Document V1
No Bid Sheet - Attachment I of Final Bid Document V1
"*Required to be completed and submitted. See Section 20.0, Part 2 for all required document submission.
Documents are hereby incorporated into this Solicitation by reference, with the same force and effect as if
they were incorporated in full text.
FORT NORTH
CITY OF FORT WORTH BID OFFER
I Even tf❑FW-------- - - - - - - page
C01_19-0000011 - 2
Event Round Version -- - - - - -•
1 1
Event Name
ITB 19-0000011 Hot- spot Mowing _
Start Time Finish Time
06 25 2014 08:p0:00 CAT 07�i8/2019 13:30:00 MT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST-
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by
submitting and signing below, acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference, and agrees to be bound by the terms
therein,
Company Name:
Company Address: - Q W M 4h V
City, State, Zip: "
Vendor Registration No.
Printed Name of Officer or Authorized Representative:
Title: W .11
Signature of Officer or uthorized Representative:
Date:
Email Address:
Phone Number:
FORT WORTH .
CITY OF FORT WORTH BID OFFER
Event ID — — — —
CFW01-19-0000011
Event Round Version — —
1 1
Event Name
ITB 19-0000011 Hots of Mowing
Start Time Finish Time
06 z5 z019 08:00:00 CDT 01 18/2019 13:30:00 CrYr
Page Invited: EVENT DETAILS
_ 3
Submit To: City of Fort Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line Details
Line: 1
Descri lon:— Unit UnitPrice Total
Line 1 total from price sheet, Row Mowing 1.00 Fro
o boo
Line: 2
Qescription: Unit UnitPrice Total
Line 2 total from price sheet, Flow Mowing 1.00 EA
0o a3olo
Line: 3
Description: Qty Unit UnitPrlce Total
Line 3 total from price sheet, Comer Clip 100 l 4
Mowin .
741
Line. 4
Desch tion:—
Line 4 total from price slheet—,Traffic
My
1.00
Unit
EA
UnitPrIce
Total —
Divider Mowing
G7
_
CAI g�Iv
Line: 5
Description -
Line 5 total from price sheet, Traffic
1.00
Unit
EA❑ivider
UnitPrice
Total
Mowing
Line: 6
Description;
Line 6 total from price sheet, Park Mowing
Qtv
1.00
Unit
EA
UnitPrlce
Total
o
ss"
Line: 7
Desc_ rigtion:
Line 7 total from price sheet, Call Back
Qty
1.00
Unit
EA
UnitPrice
Total
Litter Clean Up
j vv
Line: a
Description:
Line a total from price sheet, Call Back
Qt
7.00
Unit
EA
UnitPrice
Total
Litter Clean Up
=
1
W
FORT WORTH
�� CITY OF FORT WORTH BID OFFER
Event II
CFW01-
Event Name
Start Time
00011 - - - - - Pagel,
Version - — - — — —
Finish Time
07 18 2019 13:30:00
Invited: EVENT DETAILS
Submit To: MR
i of For' Worth
PURCHASING DIVISION
LOWER LEVEL CITY HALL
200 TEXAS ST.
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 9
Description: Unit UnitPrica 'total
Line 9 total from price sheet, Carl Back 1.00 EA
Litter Clean Up
Line: 10
Descrl 'qn: Unit UnitPrtce Tout Line 10 total from price sheet, Call Back 1,00 EA
Litter Clean Up
Line: 11
Descrio'on:_ Qty Unit UnitPrtce Line 11 total from price sheet, Call Back 1.00 Total
Litter Clean Up � `�
Line: 12
Qescri tign:
Line 12 total from price sheet, Call Back
Q
Unit
UnitPrice Total
Litter Clean Lip
1,00
EA
I
boo
Line: 13
Aescrlption:
Line 13 total from price sheet, Trimming
p -
- EAh
UnitPHce Total
Total Bid Amount;
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IN WITNESS WHEREOF, the parties have executed this Agreement in multiples in Tarrant
County, Texas.
EXECUTED to be effective on the date set forth in Section 2.
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
Recommended:
David Creek, Interim Director
Park and Recreation Department
APPROVED AS TO FORM AND LEGALIT Y•
Richard A. McCracken
Assistant City Attorney
CO TRAC OR
Name: Cv T .4t5' J
Title: flw �eC
q I \%k Z
ATTEST: C6
Mary Kayser
City Secretary
M&C:
Date:
Form 1295:
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for
the monitoring and administration of this contract, including all
performance and reporting requirements.
Name:
Title:
Non -Exclusive Contract Mowing And Grounds Maintenance Services Agreement 9 o£26
Rev. 11118
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23. 84th Leg., Regular Session.
This questionnaire is being tiled in accordance with Chapter 176. Local Goverrrtnent Code,
by a vendorwho has a business relationship as defined by Section 176.001(1-a) with a local
governmental entity and the vendor meets requirements under Section 176_006(a).
By law this questionnaire must be filed with the records adm i n i strator o f the local govemrnentai
entity not later than the 7 t h business day after the date thevendor becomes aware of facts
that require the statement to be filed. Sea Section 176.0064a-1 ], Local Government Code.
A vendor commits an offense if the vendor knowingly vioiates Section 176.006, Local
Government Code. An offense under this section is a misdemeanor.
Name of vendor who has a busines r lationship with local govern File ntal entity.
r�
Check this box if you are filing an update to a
FORM CIO
OFRCE USE ONLY
Date Received
{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.]
Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section (item 3 including subparts A, B, C. & D) must be completed for each officer with whom the vendor has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional
pages to this Form CIO as necessary_
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income. from the vendor?
D Yes F7 N❑
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'?
F] Yes 1-1 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 = No
0, Describe each employment or business and family relationship with the local government officer named in this section.
Signature of vendor doing bus9w!fl�ith the governmental entity
[(5-
rare
Adopted W7 20 t 5
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
ATTACHMENT -B
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 -
I. LocationaI 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? "Origin ting 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)? _y ..A
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.
(Signature)
C l-T•5 h.v�
7 it 9
(Date)
W UI �) [,_ .N_; i
(Printed Name
Title)
Revised 7.1 t . t 8cg
19-0000011 Hot Spot Mowing
LAWN CARE SERVICES
REFERENCES
GI -Maw
TIN:82-3593885
Curtis Kinsey
(817)675-0106
www.Gi-Mow.com
CurtiS@GI-Mow.com
1)
Company Name
City of Fort Worth Water Production
Name of Contact
Burl Griffith
Title of Contact
Superintendent
Present Address
1608 11th Avenue
City, State, Zip
Fort Worth, TX 76102
Phone Number
817-392-8408
Email
William, Griffith(5fortworthtexas. ov
2)
Company Name
City of White Settlement Parks and Recreation
Name of Contact
Richard Tharp
Title of Contact
Director
Present Address
214 Meadow Park Drive
City, State, Zip
White Settlement, TX 76108
Phone Number
817-246-4971 ext.266
Email
rthar wstx.us
3)
Company Name
City of Fort Worth Parks and Recreation Department
Name of Contact
Walter Newman
Title of Contact
Contract Compliance Specialist
Present Address
200 Texas Street
City, State, Zip
Fort Worth, TX 76102
Phone Number
817-392-5741
Email
Walter. Newmanfortworthtexas. ov
47
Company Name
City of North Richland Hills
Name of Contact
Terry Wreay
Title of Contact
Street Supervisor
Present Address
7200A Dick Fisher Drive
City, State, Zip
North Richland Hills, TX 76180
Phone Number
817-427-6462
Email
twrea nrhtx.com
5) Company Name
Name of Contact
Title of Contact
Present Address
City, State, Zip
Phone Number
Email
6) Company Name
Name of Contact
Title of Contact
Present Address
City, State, Zip
Phone Number
Email
Chase Oaks Homeowners Association
Oleg Reztsov
President of HOA
1870 Rufe Snow Drive
Keller, TX 76248
214450-6412
olegaa229
amaji.corn
City of Bedford Code Compliance
Marie Nagy -Jones
Supervisor
2121 L. Don Dodson ❑rive
Bedford, TX 76021
817-952-2642
marie.na -ones bedfordtx. ov
Vendor's Name: _a
Vendor's Local Address:
Phone: 11-6-L
I
Email: i tj r 5
ATTACHMENT D - VENDOR CONTACT INFORMATION
t W:iFl=i ( 6l,�o
Fax: JLI
Name of persons to contact when req
.,
Phone:
Via' a4"�h�w•1 C
Name/Title-
Phone:—
Email: 47 U: ti S cQ cjf - U W,
icesor billing questions:
Fax: (' i
Fax: 1.
Nameffitle
Phone: Fax:
0..._
Will your company accept P-card payments yes no
_�
Signature Printed Name ❑at
Revised 7. ] ] , ] 8cg
19-DOOOO11 Hot Spot Mowing
/-e!OW
LAWN CARE SERVICES
EQUIPMENT LIST
GI -Mow
TIN: 82-3593885
Curtis Kinsey
(817) 675-0106
www.Gi-Mow.com
Curtis@GI-Mow.com
Quantity Type of Equipment
(4) 2016 Dodge Ram Pickup Trucks with enclosed trailers
(1) 2019 Exmark 96" Diesel
(1) 2019 Exmark 72" Diesel
(1 2015 Ventrac with 84" contour deck and interchangeable 72" deck
(1 } 2018 Gravely 72": mulch kit
(1) 2016 Exmark Laser Z 60": mulch kit and turf tires
(1) 2018 Gravely 52": mulch kit
(2) 2016 Exmark Laser Z 48": mulch kits and turf tires
(2) 2017 Gravely Compact Pro 34": mulch kits and turf tires
(1) 2008 Walker GHS Zero Turn 36": bagging kit and turf tires
(2) 2016 Exmark Push Mower 21 ". bagging kits
(2) 2015 Honda Push Mower 21 ": bagging kits
(14) Stihl Weed Eaters/Edgers
(6) Echo Weed Eaters/Edgers
(6) Stihl BP Blowers
(2) Echo BP Blowers
ATTACHMENT F — 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 m gapixels and storage capacity of 128 gigabits or more
Yes. No
Print Nameu
Signature '
Date { I
Revised 7.1 1.1 Scg
19-0000011 Hot Spot Mowing
ATTACHMENT G — COMPANY INFORMATION
Company's Name: � a— A
Company's Corporate Address:
Company's Local Office
Address:
V
Phone: 9 C) -] p �� '
Fax: Email: !� ��� Owl -,n.t c1K,1- c c1,n•)
Monitored 2417 Emergency Contact Phone Number: ?"O `)
Normal hours of operation: X " Weekdays Weekends
r?�I FCC
Name of Designated Manager for this Agreement: d' , ,A Jp
Manager's contact information (phone and email): 266 c,-% [ `i3 ��, �� (� ,,, _MdK1,(0
1-111)
Manager's dates of employment with company: Q1
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 7� Yes No
Explain (use more paper if needed) P a Ater A,
P C R
C 4 6
eCk c e ti �Iv Iry L_
Print Name Lx,
Signature
Date
Revised 7.11.18cg
19-0000011 Hot Spot Mowing
FORTWORTH.
ADDENDUM TO INVITATION TO BID 19-0000011
Hot Spot Mowing
PURCHASING DIVISION
ADDENDUM NO. 1
INVITATION TO BID (ITB): 19-0000011
BID OPENING DATE: July 18, 2019 (UNCHANGED)
DATE ISSUED: July 3, 2019
ITB No. 19-00000011, issued June 26, 2019, is hereby amended as follows:
1. The following information has been added: A second pre -bid conference will be Meld at 9:00 AM,
Monday, JUIy 8, 2019, at the Purchasing Conference Room, Lower Floor, City Hail, 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.
All other terms and conditions remain unchanged.
Cristina Camarillo
SENIOR BUYER
By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above
referenced Invitation to Bid.
COMPANY NAME: -mow
SIGNATURE:
----
NOTE: Company name and signatur4must be the same as on the original bid documents. Failure to
return this form with your sealed bid may constitute grounds for rejection of your offer.
FORTTHn,
ADDENDUM TO INVITATION TO BID 19-0000011
Hot Spot Mowing
PURCHASING DIVISION
ADDENDUM NO. 2
INVITATION TO BID (ITB): 19-0000011
BID OPENING DATE: July 18, 2019 [UNCHANGED]
DATE ISSUED: July S, 2019
ITB No. 19-00000011, issued June 26, 2019, is hereby amended as follows:
1. Questions and Answers document is hereby incorporated, in full text, page 2.
All other terms and conditions remain unchanged.
Cristina Camarillo
SENIOR BUYER
By the signature affixed below, Addendum No. 2 is hereby incorporated into and made part of the above
referenced Invitation to Bid.
COMPANY NAME: 1 AoV--
SIGNATURE:
NOTE: Company name and signature4�ist be the same as on the original bid documents. Failure to
return this form with your sealed Paid may constitute grounds for rejection of your offer.
EXHIBIT D
INSURANCE
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%.
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.
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.
The Contractor shall furnish the Purchasing Manager a certificate of insurance documenting the
required insurance prior to the commencement of Services.
Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 24 of 26
Rev. 11/18
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.
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. 19-00000011
200 Texas Street
Fort Worth, Texas 76102
10.3 Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein. Each insurance policy
shall be endorsed to provide the City a minimum 30 days' notice of cancellation, non -
renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall
be acceptable in the event of non-payment of premium.
10.4 Insurers must be authorized to do business in the State of Texas and have a current A.M.
Best rating of A: VII or equivalent measure of financial strength and solvency.
10.5 Deductible limits, or self -funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
10.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may
consider alternative coverage or risk treatment measures through insurance pools or risk
retention groups. The City must approve in writing any alternative coverage.
10.7 Workers' compensation insurance policy(s) covering employees of the Contractor shall be
endorsed with a waiver of subrogation providing rights of recovery in favor of the City.
10.8 City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
10.9 Contractor's insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self -funded or commercial coverage maintained by City shall
not be called upon to contribute to loss recovery.
Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 25 of 26
Rev. 11/18
10.10 While the Agreement is in effect, Contractor shall report, in a timely manner, to the
Purchasing Division any known loss occurrence that could give rise to a liability claim or
lawsuit or which could result in a property loss.
10.11 Contractor's liability shall not be limited to the specified amounts of insurance required
herein.
Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 26 of 26
Rev. 11/18
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/24/19 M&C FILE NUMBER: M&C 19-0177
LOG NAME: 13P19-0000011 HOT SPOT MOWING CC PARD
SUBJECT
Authorize Execution of Non -Exclusive Agreements with Prestige Worldwide Services, LLC, Cedric Carson and Civilian Division, LLC dba GI -Mow
for Grounds Maintenance and Mowing Services for Hot Spot Mowing in an Annual Amount Up to $920,000.00 and Authorize Four Annual Renewal
Options for the Park and Recreation Department (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize execution of non-exclusive agreements with Prestige Worldwide Services, LLC, Cedric Carson,
and Civilian Division, LLC dba GI -Mow for grounds maintenance and mowing services for Hot Spot Mowing in an Annual Amount Up to
$920,000.00 and authorize four annual renewal options for the Park and Recreation Department.
DISCUSSION:
The Park & Recreation Department approached the Purchasing Division to finalize annual agreements for grounds maintenance and mowing
services throughout the City of Fort Worth for areas that need immediate services. In order to procure these services, Staff issued an Invitation to
Bid (ITB). The ITB consisted of detailed specifications listing the frequency, quality, and type of mowing and grounds maintenance to be performed.
The ITB was advertised in the Fort Worth Star -Telegram on June 27, 2019, July 3, 2019, July 5, 2019, July 10, 2019 and July 17, 2019. The City
received three bids. Two pre -bid conferences were held on July 3, 2019 and July 8, 2019.
Bids were evaluated on best value criteria including price, equipment/staff requirements, bidder performance and bidder's past relationship
with the City. Staff from the Park & Recreation Department evaluated the bids submitted and recommends awarding one-year, non-exclusive
agreements to Prestige Worldwide Services, LLC, Cedric Carson and Civilian Division, LLC dba GI -Mow, along with four one-year options to
renew. No guarantee was made that a specific amount of these services will be purchased. The bid amount for the Park & Recreation
Department's annual requirements is up to $920,000.00. This amount will also ensure that as other locations are added, funding for grounds
maintenance will be available. In addition, an administrative change order or increase may be made by the City Manager up to the amount allowed
by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been
appropriated. .
M/WBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the
M/WBE Office, in accordance with the BIDE Ordinance, because the purchase of goods or services is from sources where subcontracting or
supplier opportunities are negligible.
Upon City Council approval, the Agreement shall begin upon execution of the Agreement and shall end one year from that date.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendations, funds are available in the current operating budget, as appropriated,
of the General Fund and that, prior to an expenditure being made, the participating department has the responsibility to validate the availability of
funds.
Submitted for City Manager's Office by. Fernando Costa 6122
Originating Business Unit Head: Reginald Zeno 8517
Additional Information Contact: Cynthia Garcia 8525
Cristina Camarillo 8355