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HomeMy WebLinkAboutContract 53876RECEIVED . MAY 1 202020 - CITYSECRETARY CM nF �oRT CON` TACT NO. J J 31 CITY SECRETARY 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 ABESCAPE GROUT' LLC, a Texas limited liability company, acting by and through, Abraham Herrera, Owner, its duly authorized representative ("Contractor"). WHEREAS, City, through its Aviation Department ("Aviation Department"), contracts for mowing and grounds maintenance services within the City; WHEREAS, through ITB No. 20-0005 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 $120,000.00 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 No. 20-0005) 4. Exhibit C Contractor's Response to City of Fort Worth ITB No. 20-0005. 5. Exhibit D Insurance All Exhibits attached hereto are incorporated herein and are made a part of this Agreement for all purposes. In the event of any conflict between the Exhibits and the terms and conditions of this Agreement, this Agreement shall control. SECTION 2 SCOPE OF WORK 2.1 Contractor shall provide mowing and grounds maintenance services ("Services") to the City in accordance with the Contract Specifications set forth in Exhibit A, which is attached hereto and incorporated herein for all purposes. 2.2 Contractor understands and agrees that the City will award non-exclusive purchase agreements to multiple bidders for mowing and grounds maintenance services as outlined in City of Fort Worth Bid Solicitation {ITB No. 20-0005), 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 No. 20-0005) shall be in the amount of $120,000.00, and the City makes Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement Page I or 12 Rev. llfl$ Or-NUAL RECORD CITY SECRETARY no promise or guarantee of the total amount of work that will be assigned to Contractor under this Agreement. Contractor's Response to City of Fort Worth ITB No. 20-0005 ("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. This Agreement shall begin on the date stated in Purchase Order ("Effective Date") and shall expire on November 30th, 2021, ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term'). Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same terms and conditions for up to two (2) one-year renewal periods (December 1 to November 30) and for a third renewal period which shall expire on completion of total five year duration, unless City or Vendor provides the other party with notice of non -renewal at least 90 days before the expiration of the Initial Term or renewal period. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor / Vendor. SECTION d 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: Aviation Department - Meacham Attention: Contract Mowing Aviation Department City of Fort Worth 201 American Concourse, Suite 330 Fort Worth, TX 76106 A VI accountingC(i`;fortwortlitexa Dakota.shaw fafortwortlitexas, ov 4.4 The City may complete a visual inspection of the Work to verify that it was completed in accordance with this Agreement. City agrees to pay all invoices for accepted work within 30 day of receiving the invoice. The City will only pay for work that is completed in accordance with the terms and specification contained in this Agreement. Contractor shall not be paid for any Incomplete Work or for Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 2 of 12 Rev. 11 /1 S failure to complete a location within the Cycle dates for each mowing Cycle. The City shall notify Contractor of any error in an invoice no later than the 21" day after the date the City receive the invoice. SECTION 5 LIABILITY AND INDEMNIFICATION 5.1 CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF CONTRACTOR, OR ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, CONTRACTORS, EMPLOYEES, PATRONS, GUESTS, INVITEES, OR PROGRAM PARTICIPANTS. CONTRACTOR HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE AND LOSS AND PERSONAL INJURY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE SERVICES PERFORMED BY CONTRACTOR UNDER THIS AGREEMENT. 5.2 INDEMNIFICATION — CONTRACTOR, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, PROTECT, AND HOLD HARMLESS CITY AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS EMPLOYEES, AND SERVANTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE SERVICES PERFORMED UNDER THIS AGREEMENT BY CONTRACTOR OR ANY OF ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS; (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON THE PART OF CONTRACTOR OR ANY OF ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS; OR (3) BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF CONTRACTOR UNDER THIS AGREEMENT (COLLECTIVELY, "LIABILITIES"). 5.3 If any action or proceeding shall be brought by or against the City in connection with any such liability or claim, Contractor, on notice from City, shall defend such action or proceeding at Contractor's expense, by or through attorneys reasonably satisfactory to City. 5.4 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligations under this Section, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 5.5 Contractor agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages related to Services performed under this Agreement. Contractor agrees to make its officers, representatives, agents, and employees available to City, at all reasonable times, for any statements and case preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder. Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 3 of 12 Rev. 11 /1 S 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 12 Rev. 11/18 other. City may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Agreement. No such termination shall relieve City from any obligation it may have to Contractor hereunder and City may pursue any and all rights and remedies or relief provided by law, whether or not stated in this Agreement. SECTION 9 LICENSES AND PERMITS 9.1 Contractor shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for its operations. SECTION 10 NOTICES 10.1 All notices required or permitted under this Agreement may be given to a party personally or by mail, addressed to such party at the address stated below or to such other address as one party may from time to time notify the other in writing. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: CONTRACTOR: City of Fort Worth Abescape Group, LLC Meacham Airport Supervisor Abraham Herrera, Owner 201 American Concourse, Suite 330 711 Bowie Street Fort Worth, Texas 7606 Arlington, TX 76012 Email: cstimating,(P-abescgpe.com Phone: 817-462-7022 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Or to such other address as such party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. SECTION 11 NONDISCRIMINATION 11.1 Contractor shall not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement, and Contractor represents and warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall comply with all applicable laws and regulations in any employment decisions. SECTION 12 VENUE AND CHOICE OF LAW 12.1 Contractor and City agree that this Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 5 of 12 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 subcontractor 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 12 Rev. 11118 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 j urisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision does not materially prejudice either Contractor or City in connection with the right and obligations contained in the valid covenants, conditions or provisions of this Agreement. 19.2 The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. SECTION 20 COMPLIANCE WITH LAWS 20.1 This Agreement is subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. 20.2 If City notifies Contractor or any of its officers, agents, employees, contractors, or subcontractors, of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation. SECTION 21 SOLE AGREEMENT 21.1 This Agreement, including any exhibits attached hereto and any documents incorporated herein, contains the entire understanding and agreement between the City and Contractor, and any lawful assign and successor of Contractor, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Non -Exclusive Contract Mowing and Grounds Maintenance Services Agreement 7 of 12 Rov. 11118 SECTION 22 PROHIBITION ON BOYCOTTING ISRAEL 22.1 If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor 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, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (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 12 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 3. CITY OF PORT WORTH Fernando Costa Assistant City Manager .Reconunende& William B. Welstead Digitally signed by William6.Welstead Date: 2020.04.30 09:7 6:26 -05'0V William Welstead, Director Aviation Department APPROVED AS TO FORM AND LEGALITY: Thomas Royce Hansen Assistant City Attorney ATTEST: aiy Kayser City Secretary CONTRACTOR Name: Air li m Herrera Title: Owner M&C. 1 ��i,2t� �* �r6v.wtu Nam' o?a-(I i-0zi Date: `! ' Z9 J Dorm 1295: Z fl irk " P q'70 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including all pet% mance and r orting requirements. Name: Dakota Shaw Title: Contract Compliance Specialist OFFPC6, R���D MY SECRETARY N013-Exc1usive Contract Molving and Grounds Maintenance Services Agreement 9 of 12 Rev. 1111 a EXHIBIT A DETAILED SCOPE OF SERVICESISPECIFICATIONS 1.0 SCOPE - The successful bidder, hereinafter "Contractor" shall provide all necessary labor, material, and equipment to provide grounds maintenance for the City of Fort Worth, (City) for an annual agreement, and subsequent renewal periods in strict accordance with the terms, conditions, and provisions of this solicitation. 1.1 Only Bidders that submit prices for all line items on the Bid Solicitation sheet will be considered for award. 1.2 Meacham International Airport is made up of 40.52 Acres. 1.3 Once a week mowing from March to October and any all months are as needed. Weekly mowing cycle is to be initiated on Mondays unless requested otherwise by the City or conditions are not suitable for mowing activities. Conditions not suitable for mowing are to be determined by the City. 2.0 SITE VISIT - See ITB cover sheet for details 2.1 Bidders are responsible for familiarizing themselves with the work to be performed and should inspect ALL locations prior to submitting bids in order to be fully aware of the scope of the services required. Failure to do so will not relieve the successful bidder(s) from performing in accordance with the strict intent and meaning of the specifications at the awarded bid price. There will be no additional cost to the City of Fort Worth. 2.2 FAILURE TO ATTEND THE SITE VISIT MAY IMPACT A BIDDER'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE, ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. 3.0 EQUIPMENT 3.1 Contractor shall have available all equipment and material upon arrival at job site or prove that Contractor has access to all equipment necessary to perform all work outlined in this contract. 3.2 Bidders shall provide a list of machinery and equipment that they propose to use in the execution of the Agreement. See attachment F - List of Machinery and Equipment. 3.3 Bidder should be able to demonstrate adequate back-up equipment or plan to allow for breakdowns. 3.4 Insufficient and/or inadequate equipment as determined by the City of Fort Worth Aviation Department is cause for rejection of a bid. City reserves the right to thoroughly inspect and investigate the establishment, facilities, business reputation, and other qualification of any bidder and reject any bid, irrespective of price, if it shall be determined lacking in any of the essentials necessary to assure acceptable standards of performance. 3.5 All equipment shall be in good repair and operated by a responsible employee. Revised 3.30.18cg 4.0 BID GUARANTEE - Bids shall be accompanied by a bid guarantee in one of the following forms: 4.1 CERTIFIED CHECK; CASHIERS CHECK; OR SURETY BOND (ATTACHMENT 4) IN THE AMOUNT OF NOT LESS THAN FIVE PERCENT (5%) OF THE COST OF THE TOTAL ANNUAL BID, FAILURE TO SUBMIT THE BID GUARANTEE SHALL RESULT IN BID BEING NON -RESPONSIVE. 4.2 The bidder agrees to forfeit their bid guarantee to the City when he/she receives notice of the acceptance of the bid, and fails to execute the contract and fails to furnish a satisfactory performance bond within TEN (10) WORKING DAYS after receiving said notice. 4.3 All cashier checks will be returned to bidders after an award has been made by the City Council. 5.0 SCOPE OF WORK 5.1 The work covered by these specifications consists of specific grounds maintenance services at Meacham Airport, within each project area as required by established maintenance schedule. Contractor shall be responsible for removing all trash and litter, mowing all areas; edging, trimming all turf along pavement, including expansion cracks extending two feet onto the pavement, curbs and around or on signs, posts, guard rails, sidewalks, other obstacles and keeping shrub and flower beds weed free, clearing vegetation from in and under all fence lines, and removing all grass clippings from hard surfaces. Litter/trash includes, but is not limited to plastic, cans, tires, bottles, cardboard, rags, limbs and branches, rocks, and other similar solid materials and foreign debris which are not intended to be present as part of the landscape. Contractor will apply herbicide to cracks and expansion joints to curtail weed growth in solid surface areas upon department request. G1��>•0]=1aI:IIIII$]zM 6.1 GROUNDS MAINTENANCE PROJECT AREA shall refer to specific geographic area(s) of Meacham Airport designated to receive specified grounds maintenance services. 6.2 MAINTENANCE SCHEDULE shall mean the time periods established by the City for the mowing season within which all prescribed maintenance activities for each area shall be completed. CONTRACTOR SHALL BEGIN THE WEEKLY MOWING CYCLE ON MONDAYS. THE CONTRACTOR WILL MAINTAIN THIS SCHEDULE THROUGHOUT THE MOWING SEASON. THE SECOND MOWING CYCLE WORK ORDER WILL NOT BE ISSUED UNTIL THE WRITTEN SCHEDULE IS RECEIVED. IF CONTRACTOR EXPECTS TO VARY FROM THE SCHEDULE, THE CONTRACTOR SHALL NOTIFY THE CONTRACT ADMINISTRATOR OF THE VARIATION IN ADVANCE AND SPECIFY AN ALTERNATE COMPLETION SCHEDULE. NOTE: CONTRACTOR WILL BE PAID ONLY FOR WORK ACTUALLY ACCOMPLISHED DURING THE ESTABLISHED MOWING CYCLE, UNLESS DUE TO WEATHER OR OTHER VALID REASON THE CONTRACT ADMINISTRATOR HAS GRANTED AN EXTENSION TO THE SCHEDULE MOWING CYCLE. Revised 3.30.18cg 6.3 CONCURRENT shall refer to all mowing, trimming, and litter removal on any given item being completed on the same day. Should a given area be too large to complete in a single day, any areas that have been mowed must be trimmed, and litter removed on the same day the mowing occurs. 6.4 CONTRACT ADMINISTRATOR shall mean the duly authorized representative of the Aviation Department who shall monitor the contractor's performance within the regions he/she is assigned. 6.5 INCLEMENT WEATHER shall mean 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 safety or satisfactorily that is in a manner that will not rut up or cause any damage to the turf. 6.6 OZONE ACTION DAYS shall refer to the period from May 1 st through October 31St (Ozone Season) of each year, when ozone levels are critical. These days are determined by the Texas Natural Resource Conservation Commission and are announced via television, radio, and TX DOT highway information boards. 6.6.1 Contractors are not to use any motorized equipment between the hours of 6 a.m. and 10 a.m. on these 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. 6.7 TRASH AND LITTER shall mean any debris within the grounds maintenance project area including, but not limited to furniture, appliances, tires, construction material, paper, plastic, cans, bottles (including broken glass), cardboard, rags, limbs and branches, rocks, and other similar solid materials and foreign debris which is not intended to be present as part of the landscape. 6.8 TRIMMING shall refer to the cutting or removal of all plant life adjacent to or within any fence line, pole, guy wire, sign, guard rail, sidewalk, curb, and ditch. Ditches will need to be trimmed regardless of existing conditions contained within ditch by any equipment necessary to do so. 6.9 MOWING HEIGHT shall refer to the setting of mowing equipment to cut grass to a height of two (2) inches for all project areas unless requested otherwise by the Contract Administrator 6.10 CHEMICAL TRIMMING shall refer to 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. 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. THE CONTRACTOR OR HIS/HER REPRESENTATIVE MUST HAVE A COPY OF THEIR PESTICIDE LICENSE ON FILE WITH THE AVIATION DEPARTMENT PRIOR TO THE USE OF ANY HERBICIDE. NOTE: CHEMICAL TRIMMING WILL NOT BE ACCEPTABLE ALTERNATIVE TO THE PHYSICAL REMOVAL OR CUTTING OF PLANT MATERIAL FROM AREAS TO BE TRIMMED. 6.11 EDGING will be around all hard surfaces i.e. parking lots, and walkways. 6.12 MOWING HEIGHT shall refer to the setting of mowing equipment to cut grass to a height of two (2) inches for all project areas. The Contract Administrator may make changes in the height requirements. Mowing below the heights stated Revised 3.30. t 8eg above may result in liquidated damages when turf is damaged, e.g., scalping occurs. Repeated damage to turf may result in contract termination. 7.0 LITTER REMOVAL, MOWING, AND TRIMMING 7.1 Contractor shall remove ALL litter, mow, edge and trim all assigned turf areas on every cycle. 7.2 CONTRACTOR SHALL REMOVE ALL TRASH AND LITTER FROM THE ENTIRE AREA PRIOR TO INITIATING ANY MOWING OF THE TURF AREA. Failure to remove litter prior to mowing will result in the Contractor being required to return to site and remove all new litter as well as all mowed litter. Any papers, cans, or bottles cut or broken during maintenance operations shall be completely removed from the site 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. 7.3 Contractor shall use reasonable care to avoid damaging buildings, equipment and vegetation on City and private property. Mowers must be equipped with chute deflectors or guards to prevent rocks and debris from damaging public and private property. This includes, but is not limited to irrigation heads, fences, mailboxes, etc. The Contractor must assess the area to be mowed prior to starting and make necessary adjustments not to cut or damage irrigation heads. If the Contractor's failure to use reasonable care causes damage to any property, the Contractor shall replace or repair the damage 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 the contract price. 7.4 Contractor shall maintain sharp blades on all mowing equipment so as to cleanly cut, not tear, the blades of grass. All grass shall be cut at a height of two (2) inches. Upon completion, a mowed area shall be free of clumped grass cuttings and tire tracks and ruts from equipment. Turf shall be cut in a manner so as not to scalp turf or leave areas of uncut grass. Care shall be taken to prevent discharge of grass clippings onto any paved surface such as streets, curbs and gutters, parking lots, sidewalks, concrete pads, creeks, lakes or ponds and/or onto adjacent properties. Any material so discharged shall be removed prior to leaving the project area. The Contractor shall dispose of all trash and litter at an off -site location procured by the Contractor at her/his sole cost and expense. 7.5 All structures, trees, poles, tables, signs, fences, and shrub beds are to be trimmed closely, where applicable. Special care shall be given to trimming around trees so as not to inflict damage to the bark of the trees. Trim guards should be used on line trimmers when working around trees and ornamental shrubs. All trimming shall be accomplished maintaining the required 2"cutting height depending on project area and cycle frequency. ALL TRIMMING MUST BE ACCOMPLISHED CONCURRENTLY WITH MOWING OPERATIONS. 7.6 All vegetation in cracks, seams, and joints of paved areas such as sidewalks, 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. The use of herbicides to control such growth may be permitted with the prior written approval of the Contract Administrator and in accordance with all applicable State laws and regulations. 7.7 WEEDING: All planting beds, hedgerows, fence lines, parking lots, and gravel areas shall be maintained weed and grass free. Chemical weeding using Revised 3.30.18eg Roundup or an approved substitute is acceptable, but must be closely coordinated with the Contract Administrator prior to application. Use of herbicides at the base of trees and fence lines is not allowed, use of herbicides under the drip- fines of trees is discouraged from June to August. Use of guards on line trimmers is recommended, as Contractor is responsible for replacement of any trees that are extensively damaged. 7.8 FENCE LINES: All weeds and grass in fence lines shall be removed at the beginning of the season and fence lines will be kept weed and grass free throughout the season. Interior fence lines will be kept weed and grass free at all times. Exterior fence lines will be kept weed and grass free for at least 12 inches outside the fence line. When an Aviation Department perimeter fence is adjacent to private property, all weeds, grass and brush will be kept trimmed back to the fence line and the fence line may be cleared, when accessible for a distance of 12 inches on the outside of the fence line. The Contractor will remove all weeds, grass, tree limbs or other vegetation growing through the fence. The base of the fence line may not be treated chemically, using Roundup substitute, and all tree and shrub limbs, sprouts or branches will be cut back flush with the fence line. Chemical edging will not be used. 7,9 REMOVAL OF GRASS CLIPPINGS. Removal of cut grass from turf areas will not be required, unless otherwise specified by Contract Administrator. Cut grass and debris that falls or is thrown by equipment upon the pavement, streets, curb and gutters, sidewalks, driveways or adjacent properties through the action of the work crew, shall be removed prior to leaving the project area. 7.10 The Contractor shall preserve and protect public utilities at all times during maintenance. Any damage to utilities resulting from the Contractor's work shall be restored at the contractor's expense. 7.11 EDGING of sidewalks, driveways and curbs, where applicable, shall be accomplished so that grass and weeds do not extend over the edge of the walks, trails, drives, or curbs more than '/ inch, nor will they be cut back from the edge of walks, trails, drives or curbs more than inch. All concrete sidewalks, trails, curbs, walking paths and steps must be mechanically edged exposing concrete surface. The Contractor may use a disc edger on a mower or similar device to edge medians so long as the produced edge meets the standard set forth above. All material dislodged by edging shall be removed from the site or blown back onto grass areas so as to leave a clean appearance. Concrete sidewalks shall be edged on both sides. 8.0 TREES AND SHRUBS - NO PRUNING OF ANY TREE SHALL BE PERMITTED, UNLESS SPECIFIED OTHERWISE IN THESE SPECIFICATIONS OR REQUESTED BY THE CITY. Trash and litter shall be removed from ornamental flower and planting beds during each mowing cycle. Mulch rings shall be reshaped prior to leaving project site when dislodged by mowing equipment. Severe damage to trees will result in replacement or compensation of trees by the Contractor. Failure to replace damaged trees shall be considered a breach of contract and Contractor shall be assessed for damages. Slight or moderate damages to trees will result in assessment of damages. 8.1 ASSESSMENT OF DAMAGES TO TREES DURING GROUNDS MAINTENANCE OPERATIONS: Revised 3.30.18eg 8.1.1 The Contractor will check trees in the contract area before contract work begins, any damage will be noted and reported to the Contract Administrator. 8.1.2 The Contract Administrator will conduct random checks of the trees during the contract period. 8.1.3 A check of all trees may be made at the end of the contract period. Contract Administrator and Contractor will attend the inspection. 8.1.4 Damages shall be documented by memo with copy to contract file and the Contractor. 8.1.5 Contractor may have the option of replacement or payment for severely damaged tress at a location to be designated by the Aviation Department. Replacement shall be made on caliper inch per caliper inch basis with a minimum size of replacement tree of 2" in caliper. The Contractor shall be responsible for the planting, watering, mulching and maintenance of replacement trees for a period of not less than 2 years. Any tree that does not survive the 2 year established period shall be compensated for by the Contractor to the Aviation Department at a rate of $200.00 per caliper. 8.1.6 Damages shall be assessed at a rate of. $100.00 for each instance of slight damage to tree(s); this is damage that may heal; Examples include but are not limited to scaling of the trunk into the cambial layer'/2" to 2" in width but less than 113 trunk circumference or breaking of limbs less than 2" in diameter or limbs less than 113 trunk caliper whichever is less; $300.00 for each instance of moderate damage to tree(s) which in the opinion of the City Forester contribute to the poor health and reduced longevity of the tree examples would include but are not limited to scaling of the trunk into the cambial layer greater than 2" but less than 113 the trunk circumference or breaking of limbs more than 2" in diameter but less than 113 caliper. Severe damage or removal of trees is subject to penalty of $200.00 per diameter inch of trees removed or damaged for trees less that 30" $400.00 per diameter inch of trees greater than 30". Severe damage or removal shall include but is not limited to scaring of the trunk to the cambial layer greater than 113 the trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch greater than 113 of trunk caliper. Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back to according to 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 Aviation 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. 8.1.7 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. Revised 3.30.18cg 8.2 STORM DAMAGE: IN THE EVENT OF STORM DAMAGE PRUNING WILL BE NECESSARY TO REMOVE DAMAGED AND BROKEN LIMBS. ANY TREES BLOWN OVER OR DOWNED DURING A STORM (UP TO 4 CALIPER INCHES IN DIAMETER) WILL BE REMOVED. All plant material (up to 4 caliper inches in diameter) resulting from trimming and pruning, normal deadfall, or storm/wind damage shall be removed from Aviation Department property and properly disposed of by the Contractor each time the Contractor performs maintenance at the site. 8.3 CREEKS AND DRAINAGE AREAS. All creeks and drainage areas at Aviation Department sites will be cleaned and all brush, grass, trees and other plant materials will be maintained at a height of approximately four (4) inches. Chemical treatment will not be allowed in creeks and drainage areas, unless approved in writing by the Contract Administrator or the Superintendent of Plant Maintenance. Drainage areas will need to be trimmed regardless of existing conditions contained within ditch by any equipment necessary to do so. Standing water will not be considered acceptable justification for not mowing. 8.4 COMPLETION OF WORK: The Contractor must complete the work within a minimum 3 continuous days, or less, once the work begins. Work is to begin on Mondays. Equipment can only be brought to the site the day the contractor starts work and can only be left on site if the crews are coming back the next day. Upon completion of work the equipment must be removed from site until the next cycle unless written permission is provider by the Contract Administrator. If for any reason the grounds maintenance cannot be completed, e.g., due to rain or wet grounds, the Contractor must contact the Contract Administrator. 8.5 SECURITY PROCEDURES: On all Aviation Department properties, all Contractor personnel must have a valid picture ID with photo, or a valid Driver's License with photo, on their person or readily available in their vehicle on site. 8.5.1 When applicable, the Contractor will stop at the entrance to the facility and check in with security personnel upon arrival to get clearance to enter the facility. 8.6 HAZARDOUS CONDITIONS - The Contractor is required to notify the Contract Administrator immediately of any hazardous conditions and/or damage to city property. 8.7 HARD SURFACE MEDIANS end caps or traffic islands within or adjacent to the contracted area, which are not specifically identified in these specifications, shall be deemed to be a part of the contracted area. 8.8 CONCURRENT CONTRACTS - In the event that any one Contractor is awarded contracts for mowing more than one project area, he/she shall proceed with work simultaneously in all areas awarded. 8.9 SUPERVISION OF WORK CREW - Contractor shall provide supervision of all work crews while performing work under this contract. 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 and ability to respond to inquiries about work details or priorities. 8.10 STREET USE PERMIT 8.10.1 The Contractor will be required to obtain a "Street Use Permit" prior to starting work. Contact Chuck McLure at (817) 392-7219. Revised 3.30.18cg 8.10.2 The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Street and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways"' codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. 8,10.3 The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required maintenance, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division at phone number (817)392- 7738, to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with temporary sign meeting the requirement of the above reference manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall not be left in place until the temporary sign requirements are met. When work is completed to the extent that the permanent sign can be re -installed, the Contractor shall again contact the Signs and Markings Division to re -install the permanent sign and shall leave his temporary sign in place until such re -installation is completed. 9.0 INSPECTION AND ACCEPTANCE 9.1 Contract Administrator will be responsible for making inspections, monitoring the Contractor's activities and ensuring the work is performed in accordance with the Agreement specifications. The Contract Administrator shall record, process and submit all pertinent information to the Agreement file for determination of termination of Agreement or for non -renewal. Copies of documents related to inadequate performance will be submitted to the Purchasing Department. 9.1.1 In the event the Contractor fails to perform according to the terms of this Agreement, the Department head or his/her designee will notify the Contractor, in writing, of its failures. A meeting may be arranged to discuss the Contractor's deficiencies. A written cure notice will be prepared giving the Contractor ten (10) calendar days to cure any deficiency. 9.1.2 In the event the Contractor continues with unsatisfactory performance, the Contract Administrator will promptly notify the Purchasing Manager or his/her designee who will take appropriate action to cure the performance problem(s), which could include cancellation, termination for convenience or default. 9.1.3 The City reserves the right to terminate this Agreement, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Payment to the Contractor will be based on actual quantities of work performed and accepted by the City. Revised 3,30.18cg 9.2 A work order will consist of a written document specifying type of work, contractor name, project area, maintenance cycle, beginning and ending date, and comments. A work order is issued on the beginning date of each mowing cycle. The contractor shall not begin work on the project area until a work order is received. The work order shall be considered complete when all work in the project area has been inspected and approved by the Contract Administrator. Both the Contract Administrator and Contractor indicating agreement with the information shown on the work order including any comments noted by the Contract Administrator will then sign the work order. The completed work order sheets shall be attached to the monthly invoices verifying work performed. It is mandatory that all work orders be signed after completion of each cycle before a new work order may be issued. Failure to obtain a work order prior to beginning a maintenance cycle can result in non-payment for work performed. 9.3 Contractor must notify Airport Operations for access to locked manual gates and of each day's completion for inspection to secure gates on the property. 9.4 Contractor is responsible for providing photographic evidence of all Project Areas completed for each mow cycle. Photographs must be time and date stamped. 10.0 CONTACT - Contractor shall, e-mail, or fax in each day's completions that are ready for inspection to the Contract Administrator. This will be accomplished no later than the first regular work day after the maintenance is completed. Failure to submit completion reports or contact the assigned Contract Administrator on the next regular work day after work is completed on an area can result in liquidated damages and may lead to termination of the contract. 10.1 MAINTENANCE SCHEDULE AND LIQUIDATED DAMAGES - Failure on the part of the Contractor to maintain the required maintenance schedule or meet contract specifications may result in liquidated damages. Assessment may be as much as two hundred fifty dollars ($250.00) per day in liquidated damages for incomplete work in the project area; until all work is completed (liquidated damages will not exceed the total dollars for the incomplete project location, per cycle). NOTE: FAILURE TO MEET THE CONTRACT REQUIREMENTS ON MORE THAN ONE OCCASION WITHIN THE PRESCRIBED MAINTENANCE SCHEDULE MAY RESULT IN THE TERMINATION OF THE CONTRACT AND DEMAND UPON THE CONTRACTOR'S BONDING COMPANY TO COMPLETE THE CONTRACT. 11.0 DELIVERIES AND PERFORMANCE NOTE: THE CONTRACT ADMINISTRATOR HAS THE AUTHORITY TO CANCEL SCHEDULED MOWING CYCLES ON A WEEK -TO -WEEK BASIS. THE CANCELLATION WILL BE BASED UPON NEED, PREVAILING WEATHER CONDITIONS AND AVAILABLE FUNDING. THE CONTRACTOR WILL BE NOTIFIED OF ANY CANCELLATIONS. THE CITY RESERVES THE RIGHT TO PERFORM GROUNDS MAINTENANCE OPERATIONS DURING CANCELED CYCLES. THE CONTRACT ADMINISTRATOR MAY CHANGE THE FREQUENCY OF GROUNDS MAINTENANCE CYCLES. CONTRACTORS MAY BE REQUIRED TO RETURN TO MAINTAIN SPECIFIC LOCATIONS DURING CANCELLED CYCLES OR AFTER REGULAR SEASON MOWING HAS ENDED. ANY SUCH CALL BACK WORK SHALL BEGIN WITHIN TWO (2) WORKING DAYS OF THE REQUEST TO PERFORM WORK AND SHALL BE COMPLETED IN A TIMELY MANNER. Revised 3.30.1 Sag 12.0 ON -CALL MOWING To keep the quality of mowing in the City of Fort Worth at a sufficient level, and to address the failure of mowing contractors to perform adequately, the City will have areas needing complete or spot mowing on an individual or reoccurring basis. In order to provide mowing contractors with additional work, the City will provide selected contractors the opportunity to take on these additional projects. 1. The City may request Contractor to mow on -call mowing areas at pricing equivalent to comparable areas in Contractor's awarded contract or prices submitted by Contractor in the bid solicitation. 2. Contract Manager will approve contractor's submitted price for the job before work begins. 3. Pricing exceeding Contractor's comparable Project Areas or solicitation pricing must be approved by the Contract Manager. 4. Contractor has the right to decline or accept On -Call Mowing work. 5. 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 fall 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. OR7WOR-I'll - I EXHIBIT B - CITY OF FORT WORTH BID SOLICITATION ITBIRFP NO. 20-0005 CITE' OF FORT WORTH BID OFFER Event lD Page CFW01-20-0005 Event Round Version 1 Event Aame ITB Ground Maintenance_ for Aviation Department Start Time Finish Time 10/23/2019 09:00:00 CDT 11/21/2019 13:30.00 CST Invited: BIDDERS Submit To: City of Fort Worth PURCHASING DIVISION LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponsesefortworthtexas.gov Event Description The City of Fort Worth seeks bids to establish an Annual Agreement for Grounds Maintenance for the Aviation Department. This Agreement shall begin on the date stated in the contract ( Effective Date ) and shall expire on November 30th, 2021, ( Expiration Date ), unless terminated earlier in accordance with this Agreement Initial Term ). Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same terms and conditions for up to two (2) one-year renewal periods (December 1 to November 30) and for a third renewal period which shall expire on completion of total five year duration. Terms & Conditions A pre -bid conference and site visit will be held at 10:30 AM, Thursday, October 31, 2019, at the Mechem International Airport, Meacham Administration Building 3rd Floor Conference Room, located at 201 American Concourse, Fort Worth Texas 76106. FAILURE TO ATTEND THE PRE -BID CONFERENCE WILL IMPACTA 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 supplies, services and equipment as set forth in this solicitation. Compieted Bids including one executed original, three copies and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., November 21, 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. 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. 20-0005, ITB - GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 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. SECTION NAME - TITLE COVER PAGE BID OFFER SHEET** - Cover page of Final Bid Document V1 and attached as separate document PART 1 INSTRUCTION TO BIDDERS - Part 1 of Final Bid Document V1 PART 2 SCOPE OF SERVICES/SPECIFICATIONS - Part 2 of Final Bid Document V1 PART 3 CITY OF FORT WORTH STANDARD TERMS AND CONDITIONS - Part 3 of Final Bid Document V1 PART 4 ATTACHMENTS ATTACHMENT A CONFLICT OF INTEREST QUESTIONNAIRE - Final Bid Document V1 ATTACHMENT B VENDORIBIDDER CONTACT INFORMATION FORM - Final Bid Document V1 ATTACHMENT C CONSIDERATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS - Final Bid Document V1 ATTACHMENT D REFERENCE SHEET -Final Bid Document V1 ATTACHMENT E HOW TO REGISTER WITH THE CITY OF FORT WORTH - Final Bid Document V1 ATTACHMENT F LIST OF MACHINERY AND EQUIPMENT- Final Bid Document V1 ATTACHMENT G - COMPANY INFORMATION - Final Bid Document V1 ATTACHMENT H - DETAILED SCOPE OF SERVICES - Final Bid Document V1 ATTACHMENT I - AERIAL MAPS - Final Bid Document V1 ATTACHMENT J - NO BID SHEET ATTACHMENT K - SAMPLE SERVICE AGREEMENT *Required to be completed and submitted. See Section 24.0, Part 3 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. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 1 of 103 FORT WORTH. CITY OF FORT WORTH 010 OFFER Event 10 Page CFW01-20-0005 2 Event Round Version 1 1 Event Name ITB Ground Maintenance for Aviation Department Start Time Finish Time 10/23/2019 09:00:00 CDT 11/21/2019 13:30:00 CST Invited: BIDDERS Submit To: City of Fort Worth PURCHASING DIVISION LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses COfortworthtexas.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. Legal Company Name: Company Address: City, State, Zip: Vendor Registration No. Printed Name of Officer or Authorized Representative: Title: Signature of Officer or Authorized Representative: Date: Email Address: Phone Number: TIN # : ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 2 of 103 FORTWIRTH. CITY OF FORT WORTH BID OFFER Event ID Page CFW01-20-0005 3 Event Round Version 1 1 Event Name ITB Ground Maintenance for Aviation Department Start Time Finish Time 10./2.3/2019 09:00:00 CDT 11/21/2019 13:30:00 CST Line Details Invited: BIDDERS Submit To: City of Fort Worth PURCHASING DIVISION LOWER LEVEL. CITY HAIL. 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 1 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 2 Description: oty Unit UnitPrice Total Grounds maintenance on zone 2 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 3 Description: Qty UnitUnitPrice Total Grounds maintenance on zone 3 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification W� Line: 4 Description: oty Unit UnitPrice Total Grounds maintenance on zone 4 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 5 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 5 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 6 Description: _ _ Qty Unit _ UnitPrice Total Grounds maintenance on zone 6 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 7 Description: ^ Qty Unit UnitPrice _ Total Grounds maintenance on zone 7 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 8 Description: _ _ _ __ T Qty Unit UnitPrice Total Grounds maintenance on zone 8 far Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 3 of 103 FORTWO T1{, CITY OF FORT WORTH BID OFFER Event ID Page CFW01-20-0005 4 Event Round Version 1 1 Event flame ITB Ground Maintenance for Aviation Department Start Time Finish Time 10/23/2019 09r00:00 CDT 11/21/2019 13:30:00 CST Invited: BIDDERS Submit To: City of Fort Worth PURCHASING DIVISION LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@tortworthtexas.gov Line: 9 Description: Qt1r Unit UnitPrice _ Total Grounds maintenance on zone 9 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 10 Description: Qtv Unit UnitPrice Total Grounds maintenance on zone 10 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 11 Description: _ Qty UnitUnitPrice Total Grounds maintenance on zone 11 for Meacham 44.00 EA Airport mowed,lrimmed,edged per attached specification Line: 12 Description: _ Qty Unit UnitPrice Total Grounds maintenance on zone 12 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 13 Description: Qty Unit UnitPrice - Total Grounds maintenance on zone 13 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 14 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 14 for Meacham �44X0 EA Airport mowed, frimmed,edged per attached specification Line: 15 Description- City Unit UnitPrice Total Grounds maintenance on zone 15 for Meacham 44.00 EA Airport mowed, trimmed, edged per attached r specification Line: 16 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 16 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 17 Description: _ Qty Unit UnitPrice _ Total Grounds maintenance on zone 17 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 4of103 FORTi ORTH �� CITY OF FORT WORTH BID OFFER Event ID Page CFWOI-20-0005 5 Event Round Version 1 1 Event Name ITB Ground Maintenance for Aviation Department Start Time Finish Time 10/23/2019 09:00:00 CDT 11/21/2019 13:30 _OO.Csm_______.____.__ Invited: BIDDERS 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: 18 Description: Qty _ Unit UnitPrice Total Grounds maintenance on zone 18 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 19 Description: oty Unit UnitPrice Total Grounds maintenance on zone 19 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 20 Description: oty Unit UnitPrice Total Grounds maintenance on zone 20 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 21 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 21 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 22 Description: of ry Unit UnitPrice Total Grounds maintenance on zone 22 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 23 Qty Unit UnitPrice Total ^ Grounds maintenance on zone 23 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification I _ Line: 24 Descri #ion: aty Unit UnitPrice Total Grounds maintenance on zone 24 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification E_—_—_— _ Line: 25 Description: City Unit UnitPrice Total Grounds maintenance on zone 25 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 26 Description: QtyUnit UnitPrice Total Grounds maintenance on zone 26 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 5 of 103 FORTWORTH. CITY OF FORT WORTH BID OFFER Event ID Page CFW01-20-0005 6 Event Round Version 1 1 Event Name ITH Ground Maintenance for Aviation Department Start Time Finish Time 10/23/2019 09:00:00 CDT 11/21/2019 13:30:00 CST Invited: BIDDERS 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: 27 Description: City Unit UnitPrice Total Grounds maintenance on zone 27 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line. 28 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 28 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 29 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 29 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 30 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 30 for Meacham 44.00 EA Airport mowed, irimmed,edged per attached specification Line: 31 Description; City Unit UnitPrice Total Grounds maintenance on zone 31 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line. 32 Description:,_ _ _ Qtyr Unit UnitPrice Total Grounds maintenance on zone 32 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line. 33 Description: City Unit UnitPrice Total Grounds maintenance on zone 33 for Meacham 44.00 EA T Airport mowed, trimmed,edged per attached specification Line: 34 Description: at Unit UnitPrice Total Grounds maintenance on zone 34 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 35 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 35 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 6 of 103 NRTGNURTH CITY OF FORT WORTH BID OFFER Event ID Page CFW01-20-0005 7 Event Round Version 1 1 Event Name TTB Ground Maintenance for Aviation Department Start Time Finish Time 10/23/2019 09:00:00 CDT 11/21/2019 13:30:00 CST Invited: BIDDERS 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: 36 Description: Qty Unit UnItPrice Total Grounds maintenance on zone 36 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 37 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 37 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 38 Description: oty Unit UnitPrice Total Grounds maintenance on zone 38 for Meacham 44.00 EA Airport mowed, irimmed,edged per attached specification Line: 39 Description: Qty Unit UnitPricETotal___.__ Grounds maintenance on zone 39 for Meacham 44.00 EA Airport mowed, Irimmed,edged per attached specification Line: 40 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 40 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 41 Description: Qty Unit UnitPrice Total W Grounds maintenance on zone 41 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 42 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 42 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 43 Description: aty Unit UnitPrice Total Grounds maintenance on zone 43 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 44 Descri tion _ _ qty Unit UnitPrice Total Grounds maintenance on zone 44 for Meacham 44,00 EA Airport mowed, trimmed,edged per attached specification ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 7of103 FORT WORTM CITY OF FOAT WORTH BID OFFER Event ID Page CFWO1-20-0005 _ _ s Event Round Version 1 1 Event Name ITB Ground Maintenance for Aviation Department Start Time Finish Time 10/23/2019 0900:00 CDT 11/21/2019 13:30:00 CST Invited: BIDDERS 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: 45 Description: _ City Unit UnitPrice Total Grounds maintenance on zone 45 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 46 Description: _ Qty Unit UnitPrice _ Total Grounds maintenance on zone 46 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 47 Description: _ City Unit UnitPrice Total Grounds maintenance on zone 47 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 48 Descjoion: Qty .__ Unit UnitPrice Total Grounds maintenance on zone 48 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 49 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 49 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 50 Description: __ _ City Unit UnitPrice Total Grounds maintenance on zone 50 for Meacham .14.00 EA Airport mowed, trimmed,edged per attached specification Line: 51 Description: _ City Unit UnitPrice Total Grounds maintenance on zone 51 for Meacham 44.00 EA _ Airport mowed, trimmed,edged per attached specification Line: 52 Description: Qty Unit UnitPrice - Total Zone 52 Herbicide sprayed, per attached 44.00 EA specification (by request only) Line: 53 Description: Qtv _ Unit UnitPrice Total Shrub pruning (by request only) 44.00 EA ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 8of103 fbRI- W1 7R � CITY OF FORT !NORTH BID OFFER EventlD Page CFWOI-20-0005 91 Event Round Version 1 1 Event Name ITB Ground Maintenance for Aviation Department Start Time Finish Time 10/23/2019 09:00:00 CDT 11/21/2019 13:30:00 CST Invited: BIDDERS Submit To: City of Fort Worth PURCHASING DIVISION LOWER LEVEL CITY HALL 200 TEXAS ST Fort Worth TX 76102 United States Email: FMSPurchasingResponsesQfortworthtexas.gov Line: 54 Description: oty Unit UnitPrice Total Grounds maintenance on zone 53 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 55 Description: Qtv Unit UnitPrice Total Tree Trimming (by request only) 44.00 EA Line: 56 Description: _ Qtv Unit UnitPrice Total Edging (by request only) 44.00 EA I Total Bid Amount ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 9 of 103 PART - I INSTRUCTION TO BIDDERS 1.0 SOLICITATION 1 A 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 Aviation Department. The location and phone number for the Aviation Department are specified in the advertisement and in the solicitation. 2.0 EXPLANATIONS ORCLARIFI[ ATiON$ 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 no later than 5:QOPM on November 4th, 2019, to allow 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 notbinding. 2.2 Requests for explanations or clarifications may be emailed to the City's Purchasing Division at FMSPurchasingResponses@fortworthtexas.gov. The email must clearly identify the Buyers 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 Division, 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 mayresult in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non -binding with regard to this ITB. F '; ; i►"allm A Pre -Bid conference will be held, the time, place, and nature of the conference will be specified on the cover page of the solicitation. Attendance at pre -bid conferences is not mandatory. Each Bidder must furnish all information required by a Solicitation on the documents provided. Bids submitted on other than the forms included in the Solicitation shall be considered non -responsive. Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 4.1 Taxes: Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under anyContract. ITB 20-0006 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 10 of 103 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 maybe 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 City of Fort Worth (CFW) Bid Offer Sheet in ink. 4.5.3 Totals shall be entered in the "Total Price" column of the CFW Bid Sheet. 4.5.4 In the event of a discrepancy between unit price and extended price, the unitprice 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 ofthe bond. The surety must be licensed to do business in the state ofTexas. 4.8 Alternate Bids: Bidders may offer an "equal" product as an alternate bid. Final "approved equal" determination remains with the City. 4.9 Proprietary Information: 4,9.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 4.9.2 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, 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. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 11 of 103 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 thebid 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 hM://www.fortworth&Lov.orgZpurchasinW, 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 envelopewith the bid number written on the outside of the envelope. 52 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 CF W Bid Offer page of this document; 5.23 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 thcoutside with the Bidder's name, address, the Solicitation number, and the Due Date and time. 5.4 Late Bids: Bids must be received in the Purchasing Division prior to the Due Date and Time. All Bids received after the Due Date and Time are considered late and will be returned to the Bidder unopened. The time stamp clock on the receptionist's desk in the Purchasing Division is the time of record. It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the Purchasing Division. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies, or any other form of delivery service chosen by the Bidder. Bids delivered to a City location other than the Purchasing Division will not be considered. The Bid must be received by the Purchasing Division and stamped before deadline to be considered. 6.0 MODIFICATION OR WITHDRAWAL OF BIDS 6.1 Modification of Bids: Bids may be modified in writing at any time prior to the Due Date. 6.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the facsimile is signed by the Bidder) at any time prior to the Due Date. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the Due Date. A 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 abid. �mlW3011►`SX41anuR 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 ITI3 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 12 of 103 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 19.1 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. 8A 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 orservices; 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 Contractors on a non-exclusive award basis, or primary and secondary Contractors. 9.0 P_OfiT-BIP DOC JjJENTS REQUIRED FROM BIDDERS 9.1 Certificates of Insurance: When insurance is required, the successfulBidder 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 theconditions 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 thedocumentation. 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 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 13 of 103 listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at bfts://www.ethics.state,tx.us/whatsnew/elf info form1295.htm. 10.1 Contractors 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 Contractor must submit any protest in writing to the Purchasing Manager within 14 days after the Contractor 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 withthe protesting Contractor. 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 Contractor of the rightto 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 Contractor does not agree, the protesting Contractor 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 Contractor will be instructed to arrive prior to the start of the City Council meeting and complete a card requesting tospeak concerning the particular Mayor and Council Communication document (M&C) in question. 10.6.1 Contractors wishing to speak before the City Council should review the rules for registering to appear before City Council Iocated at: http://fortworthtexas.gov/ci!yseci V LYU/info/default.aspx?id=2914 on the City's website. 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 pricingwould 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 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 14 of 103 PART - II SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1 1 The City of Fort Worth (City) seeks bids for Grounds Maintenance as described herein on an "as needed basis" for the Aviation Department. The successful bidder(s), known hereafter as "Contractor." This Agreement shall begin on the date stated in the contract ("Effective Date") and shall expire on 1.2 November 30th, 2021, ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same terms and conditions for up to two (2) one-year renewal periods (December 1. to November 30) and for a third renewal period which shall expire on completion of total five year duration, unless City or Contractor provides the other party with notice of non -renewal at least 90 days before the expiration of the Initial Term or renewal period. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor. 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 AND SAMPLE AGREEMENT The Contractor hereby agrees to provide the City with requirements attached hereto and incorporated for all purposes incident to this Agreement in Attachment "H", Scope of Services/Specifications, more specifically describing the services to be provided hereunder. Additionally, see Attachment "K" for a sample non-exclusive mowing agreement. 3.t} CHANGE IN COMPANY NAME OR OWNERSHIP 3.1 The Contractor 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 fled with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 4.1 The Contractor 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 Contractor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Contractor to comply. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 15 of 103 Aralmoff ENWITrMars R ONE 5.1 All invoices should be submitted directly to the requesting department. It is the responsibility of the Contractor 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 Contractor'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 Contractor for correction and re -submittal. 6.1 The unit prices may be adjusted for increases or decreases in Contractor's cost during the renewal period but before the effective date of the renewal upon written request from the Contractor. 6.2 The Contractor must submit its price adjustment request, in writing, at least 90 days before the renewal effective period. The Contractor 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 includeall 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. Contractor will be reimbursed for this serviceat the prior agreement rate(s). Contractor 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 Contractor without a 30 day prior written notice to the City. 7.0 QUANTITIES 8.0 7.1 The quantities listed on the bid solicitation are only estimates based on previous usage anddo 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. 8.1 The Contractor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement. The Contractor shallfile with the City of Fort Worth Purchasing Division, prior to the commencement of services, a certificate of insurance documenting the following required insurance. 8.1.1 Failure to provide such information within five (5) calendar days maybe grounds for Agreement termination. 8.2 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. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 16 of 103 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%. 8.2.1 Statutory Workers' Compensation Insurance and Employer's Liability Insurance atthe 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' Liabilityof $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. 8.2.2 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. 8.2.3 Auto Liability Insurance shall be provided asfollows: $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. 8.2.4 The Contractor shall furnish the Purchasing Manager, with a certificate ofinsurance documenting the required insurance prior to the commencement of services, 8.2.5 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 ofcoverage. 8.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth asan additional insured, as its interests may appear(ATIMA). 9.1 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. 9.2 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 shallbe a breach of contract. Contractor shall provide complete copies of all insurance policies required by this Agreement. Certificates of insurance must be suppliedto: ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 17 of 103 Financial Management Services Department Attention: Purchasing Division Bid # 20-0005 200 Texas Street, Fort Worth, Texas 76102 9.3 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 day 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. 9.4 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 andsolvency. 9.5 Deductible limits, or self -funded retention limits, on each policy mustnot exceed $10,000.00 per occurrence unless otherwise approved by the City. 9.6 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 alternativecoverage. 9.7 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. 9.8 City shall not be responsible for the direct payment of insurance premium costs forContractor's insurance. 9.9 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 becalied upon to contribute to loss recovery. 9.10 While the purchase order is in effect, Contractor shall report, in a timely manner, to thePurchasing Department any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. 9.11 Contractor's liability shall not be limited to the specified amounts of insurance requiredherein. 10.0 PERFQRMANCF. 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 Contractor'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 SUBCnNTR_ACTITG 12.1 No subcontracting of the work under this Agreement will be allowed without written permission from the City. 13.0 OMITTF.b 14.0 QMITTED 15.0 SAFETY 15.1 The Contractor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 18 of 103 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). 16.1 The Contractor is required to notify the City immediately of any hazardous conditions and/or damage to City property. �pII►_I ::x" al kiall ig_ mam 0 1_o 17.1 Contract administration will be performed by the City Department. In the event the Contractor fails to perform according to the terms of the agreement, The Department head or his/her designee will notify the Contractor, in writing, of its failures. A meeting may be arranged to discuss the Contractor's deficiencies. A written cure notice may be prepared giving the Contractor 14 calendar days to cure any deficiency. 17.2 In the event the Contractor 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 agreement is terminated for default, the Contractor may be held liable for excess cost and/or liquidated damages.The Contractor will be paid only those sums due and owing under the agreement for services satisfactorilyrendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City. 17.3 The City reserves the right to terminate this agreement, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subContractors to cease work. Subject to the terms of this agreement, the Contractor 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 Contractor 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 Contractor exceed the agreement price. The Contractor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 18.1 The following information must be submitted as part of the bid package and shall besupplied in the following order: 18.1.1 Bidder's background, services provided and number of years inbusiness. 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 demonstrateits 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 provided services on a continuing basis over a 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 bestvalue: 19.1.1 Total Cost —Maximum of 35 Points 19.1.2 Contractor's past performance and standing with the City of Fort Worth —Maximum of 20Points ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 19 of 103 20.0 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 crewsas needed. Attachment G : Company Information — Maximum of 20 Points 19.1.4 Equipment meets or exceeds specifications for mowing areas involved. Attachment F List of Machinery and Equipment — Maximum of 20 Points 19.1.5 References - Maximum of 5 Points 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 failedto perform properly or complete on time agreements of a similarnature. 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 Contractor 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 Tentative Schedule of Events 1TB Release Date October 23, 2019 Pre -Bid Conference October 31, 2019 at 10:30AM Deadline for Questions November 4, 2019 at 5:OOPM ITS Due Date November 21, 2019 at 1:30PM Proposal Evaluations November 22 — Dec 6 2019 Recommended Contractor December 9, 2019 20.1 Bidders shall submit the following items with theirbid: 20.1.1 A completed and signed original City of Fort Worth Invitation to Bid (ITB) bidder offer sheet; 20.1.3 A completed and signed original Conflict of Interest Questionnaire, Attachment A; 20.1.4 A completed Bidder's Contact Information Form, AttachmentB; 20.1.5 A completed Consideration of Location of Bidder's Principal Place of Business, Attachment C, if applicable; 20.1.6 A completed Reference Sheet, AttachmentD; 20.1.7 A completed List of Machinery and Equipment, AttachmentF. 20.1.8 All items listed in Section 18.0, Bidder Qualifications; 20.1.10 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. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 20 of 103 21.0 QUESTIONS 21.1 Questions, explanations or clarifications desired by a Contractor regarding any part of the bid must be requested in writing from the Purchasing Division by November 4, 2019 at 5:OOPM interpretations, corrections or changes to the bid made in any other manner are not binding upon the City, and Contractors shall not rely on such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Agreement are not binding. Request can be send to the following: 21.1.1 Sarah Czechowicz,Buyer, FMSPurchasingResponses@fortworthtexas.gov 21.1.2 City of Fort Worth Purchasing Division Attention: Sarah Czechowicz, ITB No.20-0005 200 Texas Street, Fort Worth, Texas 76102 21.1.3 Facsimile: (817) 392-8440, Attention: Sarah Czecbowicz ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 21 of 103 PART — Ill CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS 1.0 DE�NITION OF RiIYFR The City of Fort Worth, its officers, agents, servants, authorized employees, Contractors and subContractors who act on behalf of various City departments, bodies or agencies. The consultant, Contractor(s), supplier, Contractor(s)or other provider of goods and/or services, its officers, agents, servants, employees, Contractors and subContractors who act on behalf of the entity under a contract with the City ofFortWorth. 3.0 I URLL INFORMATION 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. GOWT 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) 5.0 ORDERS 5.1 No employees of the Buyer or its officers, agents, servants, Contractors or subContractors 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. .1 _-1 DI N—_NAM _1_'__DILK111_ 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. 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. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 22 of 103 8.0 TITLE ANO RISK 1,08 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. 9.0 DELIVERY TERMS AND TRANSPORTATION CHARGES 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. 10.0 P .ACE OF DF .IV .RY The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 11.4 RIGHT OF INSPECTION 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/orservices. 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. 13.0 PRICE WARRANTY 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 from the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amountthereof. 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. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 23 of 103 15.0 SAFETY WARRANTY 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 confonn 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 tenninate immediately. 16.0 SOFTWARE LICENSE TO SELLER 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. 1 �::::► R. ► 01 H LOLM DIVA I -MCI MIJ':1' 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 thisAgreement. 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 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 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 24 of 103 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 Contractors hereby waives any property interest in such Work Product. 19.0 NETWORK ACC 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. 1 1 IV(ii�IW 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 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. I M 1 :u I ►: U�► 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. r 1 ►u__►_ I !� 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 resultingtherefrom. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 25 of 103 23.0 WAIVED 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. 24.0 MQniFTCATTONS This contract can be modified or rescinded only by a written agreement signed by both parties. _Y 11 W-TH 3 DD1 DI►A I D1►Y_y 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 Tenns 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. 26.0 APPLICABLE LAW LVENUE 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. 27.0 INDEPENDENT CONTRACTOR(S) 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, Contractors and sub- Contractors. The doctrine of respondeat superior shall not apply as between Buyer and Seller, its officers, agents, employees, Contractors and subContractors. Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, its officers, agents, employees, Contractors and subContractors. 28.0 LIABILITY AND INDEMNIFICATTON. 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 OREMPLOYEES. 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. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 26 of 103 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. 30.0 FISCAL, FlINDINGLIMITATION 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. 31.0 DlOTICES TO PARTIES 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. 1 ►1� ki ___, 4 1/.►l_II. _�► This contract is made and entered into with reference specifically to Chapter 17, Article Ill, 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, Contractors or subContractors, 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 subContractors herein. 14rfCt'l7�—�C0)ai K 9Flff�`�[�1—JI City actively supports the Immigration & Nationality Act (1NA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Contractor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Contractor shall complete the Employment Eligibility Verification Form 0-9), 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. Contractor 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. Contractor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Contractor 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 Contractor. 34.0 HEALTH._SAFETY. AND ENVIRONMENTALREOEIIREMENTS 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. Mum n 144.- V 611111rul 11 tlj 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 IT1320-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 27 of 103 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 Di�RTLITY In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller warrants that it and any and all of its subContractors 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 Seiler or any of its subContractors. 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 subContractors against Buyer arising out of Seller's and/or its subContractor's alleged failure to comply with the above -referenced laws concerning disability discrimination in the performance of this agreement. 37.0 DISPUTE RFSO .IITIQN 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 thedispute. 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. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 28 of 103 PART — IV ATTACHMENTS ATTACHMENT - A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CTQ ("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 itt.i,www;ethics.state.tx.us/forms/CIQ.p.- 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 Contractor 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. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 29 of 103 CONFUCT OF III TERESIT OUESTIONNAIRE FORM C10 For vendor doing business with local goverCtlt mal enifty Thts questionnaire reffacts changes made tc the faw by H.B. 2% 841h Leg., Regular Session, OFFICE USE NLd This questionnaire is being filed in accordance with Chapter 176, Local Government Code, tyafs ReNsa by a vendor who has ix W] inass felitliar vh1p as defined by Section 176. DOI (1-a) wlih a local governmental enlityAnd 1he vondar meals roqulremantn undar S.Qalion 176-1 a). By law this questionnaae mull be f Hadwiilt the rocvrds admiruairmivr of the bo uw goverrinne; ital entity not later than the 71h business clay aftet Rio dale I he vendof bocamas aware of (ULets that require the 9tAternont to be Filed. 6se Sectlon 176.006(a-1), Local Oovernment Ccpde A vendor commits an offense if the vendor knowIngl'y vlolates Sectlon 176,f , boual Government Code.An offense under this section is a rnrisdomeanw. .1J iwarne of vender has a business relattonst-lip v:rF local governmental entity. 2 Checlr Iltls h3x 11 you are filing au update to a {previously filed questionnaire. (The law requires that you file an updated comptefad questionnaire with the appropriate filing authority not later than the 7th business day after the late an wl Kh yvu bnam£ aware lhat tfra. wiginalN filed ctrree14Qr1nFHre :gram incomplete or inaccurate.) 3 Name of local governntettt off#cer rboul whr-ra the Informatiott In this section Is being dlsclosod. Name of Officer This section (item $ including subparts A, Ef, 0, & D) miss be ^rpleLed for each offiLe —it, wham the? .-.ndor lies an ia176-001(t-a), employment ar other business relationshipasdermod by SetainLaical Grwernrnarll Gode, Anaa+h nddllional pages to Lhia Form GIG ae nocessai3r- A. Is the local gavasFruseent trfIIR9F Hamad In finis t H- FS gv1f g 04'411ftly to receive taxable income, other than investment income, front the veWor7 Yes E-1 No & is the vendor receiving or likely to receive taxable income. othm fit rn infeoment Incon;e, from or at the dim.-:: of the le -al government officer named in this section AND the taxabfa innonie is nut iaceileed from the local Uwe InmehLsl emlify9 Yes 0 No O. 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, a hold} arr owaremhlp Inierest of brie K4 ram ar rrioru" FIVC., = No D. Describe each employment or business and family relationship with the local government officer named in this sec-lon. Signature of vendor doing business with the governmental entity mate Adopted OR12015 iTB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 30 of 103 ATTACHMENT - B CONTRACTORS'S CONTACT INFORMATION Contractor's Name: Contractors's Local Address: Phone: Fax: Email: Name of person assigned specifically for this Agreement: Name/Title Phone: Fax: Email: Name of persons for renewal information and/or billing questions: Name/Title Phone: Fax: Email: Name/Title Phone: Email: Fax: Signature Printed Name Date ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 31 of 103 ATTACHMENT - C CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Cade 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 Iocal business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas. a. Do you have a Fort Worth office? If yes, identify address: b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed 50%] 2. Economic Development opportunities resulting finmcontract. a. Number of Fort Worth resident -employees? 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) ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 32 of 103 ATTACHMENT -D REFERENCE SHEET Please complete and return this form with your bid. The bidder shall furnish references for at least three (3) recent customers to whom products and/or services have been provided that are similar to those required by this solicitation. The City will be the sole judge of references. Please use additional sheets. 1. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( } Fax Number { ) Email 2. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax :Number ( ) Email 3. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number { ) Email ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 33 of 103 ATTACHMENT-E HOW TO REGISTER WITH THE CITY OF FORT WORTH There are two ways that any business can bid on an event with the City of Fort Worth: 1. Access httn://fortworthtexas.uov/nurchasina_/ and view listed Bids & Requests without registering 2. Registering to become a Bidder To register as a Bidder please follow the below steps: Step 1 — Access http://fortworthtexas.ggy/purchasing� Step 2 — On the right side under PeopleSoft Supplier Portal — Select Log In Step 3 --- Select "Register as a Bidder" Step 4 — Under Select Activity Below — select Business Step 5 — Under Unique ID & Company Profile - Enter the following: O TIN Number 0 Entity Name o Any Additional Names (DBA's) * Website URL Step 6 — Under Profile Questions — Complete the following questions by using the calendar and magnifying glass accordingly for each question. Step 7 — Under Standard Industry Codes — Select the following: o SIC Code Type — Use dropdown and select UNSPSC * Category Code — Select magnifying glass o Lookup Category Code — Under SIC Code Type — Description change "Begins With " to "Contains " TIP: The search is recommended to use the `contains field", in order to search all catezory codes associated with your business. * Step 8 — Under Primary Address — Complete the following: a) Country b) Address Lines c) City d) County e) Postal f) State g) Email ID ( Email Address) Step 9 — Under Other Addresses — Check the correspondent that correspond to your business Step 10 -- Under Company Contacts — Select the Add Contact, Determiner if Primary Contact — Enter the following: a) First Name b) Last Name c) Title — Current Job Title d) Email ID — EmaiI Address e) Telephone f) Fax g) Contact Type Step 11 - Under User Profile Information — Enter the following a) Requested User ID --- Create a Username b) Enter Description -- Current Job Title c) Language Code d) Time Zone e) Currency Code Step 12 — Review email address - Under Terms and Conditions — Select the Terms and Agreement Hyperlink -Select the box to accept the Terms. Step 13 — Click Submit [TB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 34 of 103 ATTACHMENT F - 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 THISBID. UNITS TYPES OF EQUIPMENT ATTACH ADDITIONAL SHEETS AS NEEDED ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 35 of 103 ATTACHMENT G— COMPANY INFORMATION Company'sName: Company's CorporateAddress:, Company's Local Office Address: Phone: Monitored 24/7 Emergency Contact Phone Number: Normal hours of operation: Weekdays Weekends Name of Designated Manager for this Agreement: Manager's contact information (phone and email):_ Manager's dates of employment with company: years ofgroundsmaintenance: Manager's years of supervisory experience with company: Number of year's company has provided established mowing services Number of 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 ifneeded) Print Name Signature Date Manager's ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 36 of 103 ATTACHMENT H DETAILED SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE - The successful bidder, hereinafter "Contractor" shall provide all necessary labor, material, and equipment to provide grounds maintenance for the City of Fort Worth, (City) for an annual agreement, and subsequent renewal periods in strict accordance with the terms, conditions, and provisions of this solicitation. 1.1 Only Bidders that subunit prices for all line items on the Bid Solicitation sheet will be considered foraward. 1.2 Meacham International Airport is made up of 40.52 Acres. 1.3 Once a week mowing from March to October and any additional months are as needed. Weekly mowing cycle is to be initiated on Mondays unless requested otherwise by the City or conditions are not suitable for mowing activities. Conditions not suitable for mowing are to be determined by the City. 2.0 SITE VISIT - See ITS cover sheet for details on the pre -bid conference and site visit. 2.1 Bidders are responsible for familiarizing themselves with the work to be performed and should inspect ALL locations prior to submitting bids in order to be fully aware of the scope of the services required. Failure to do so will not relieve the successful bidder(s) from performing in accordance witb the strict intent and meaning of the specifications at the awarded bid price. There will be no additional cost to the City of Fort Worth. 2.2 FAILURE TO ATTEND THE SITE VISIT MAY IMPACT A BIDDER'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE, ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. 3.0 EQUIPMENT 3.1 Contractor shall have available all equipment and material upon arrival at job site or prove that Contractor has access to all equipment necessaryto perform all work outlined in this contract. 3.2 Bidders shall provide a list of machinery and equipment that they propose to use inthe execution of the Agreement, See attachment F - List of Machinery andEquipment. 3.3 Bidder should be able to demonstrate adequate back-up equipment or plan to allowfor breakdowns. 3.4 Insufficient and/or inadequate equipment as determined by the City of Fort Worth Aviation Department is cause for rejection of a bid. City reserves the right to thoroughly inspect and investigate the establishment, facilities, business reputation, and other qualification of any bidder and reject any bid, irrespective of price, if it shall be determined lacking in any of the essentials necessary to assure acceptable standards of performance. 3.5 All equipment shall be in good repair and operated by a responsible employee. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 37 of 103 4.0 OMIT 5.0 SCOPE OF WORK 5.1 The work covered by these specifications consists of specific grounds maintenance services at Meacham Airport, within each project area as required by established maintenance schedule. Contractor shall be responsible for removing all trash and litter, mowing all areas; edging, trimming all turf along pavement, including expansion cracks extending two feet onto the pavement, curbs and around or on signs, posts, guard rails, sidewalks, other obstacles and keeping shrub and flower beds weed free, clearing vegetation from in and under all fence lines, and removing all grass clippings from hard surfaces. Litter/trash includes, but is not limited to plastic, cans, tires, bottles, cardboard, rags, limbs and branches, rocks, and other similar solid materials and foreign debris which are not intended to be present as part of the landscape. Contractor will apply herbicide to cracks and expansion joints to curtail weed growth in solid surface areas upon department request. 6.0 DEFINITIONS 6.1 GROUNDS MAINTENANCE PROJECT AREA shall refer to specific geographic area(s) of Meacham Airport designated to receive specified grounds maintenance services. 6.2 MAINTENANCE SCHEDULE shall mean the time periods established by the City for the mowing season within which all prescribed maintenance activities for each area shall be completed. CONTRACTOR SHALL BEGIN THE WEEKLY MOWING CYCLE ON MONDAYS. THE CONTRACTOR WILL MAINTAIN THIS SCHEDULE THROUGHOUT THE MOWING SEASON. THE SECONDMOWING CYCLE WORK ORDER WILL NOT BE ISSUED UNTIL THE WRITTEN SCHEDULE IS RECEIVED. IF CONTRACTOR EXPECTS TO VARY FROM THE SCHEDULE, THE CONTRACTOR SHALL NOTIFY THE CONTRACT ADMINISTRATOR OF THE VARIATION IN ADVANCE AND SPECIFY AN ALTERNATE COMPLETION SCHEDULE. NOTE: CONTRACTOR WILL BE PAID ONLY FOR WORK ACTUALLY ACCOMPLISHED DURING THE ESTABLISHED MOWING CYCLE, UNLESS DUE TO WEATHER OR OTHER VALID REASON THE CONTRACT ADMINISTRATOR HAS GRANTED AN EXTENSION TO THE SCHEDULE MOWING CYCLE. IT8 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 38 of 103 6.3 CONCURRENT shall refer to all mowing, trimming, and litter removal on any given item being completed on the same day. Should a given area be too iargeto complete in a single day, any areas that have been mowed must be trimmed, and litter removed on the same day the mowing occurs. 6.4 CONTRACT ADMINISTRATOR shall mean the duly authorized representative of the Aviation Department who shall monitor the contractor's performance within the regions he/she is assigned. 6.5 INCLEMENT WEATHER shall mean 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 safety or satisfactorily that is in a manner that will not rut up or cause any damage to the turf. 6.6 OZONE ACTION DAYS shall refer to the period from May 1st through October 31St (Ozone Season) of each year, when ozone levels are critical. These days are determined by the Texas Natural Resource Conservation Commission and are announced via television, radio, and TX DOT highway information boards. 6.6,1 Contractors are not to use any motorized equipment betweentbe hours of 6 a.m. and 10 a.m. on these days, unless the equipment uses propane, diesel or compressed natural gas as a fuel source or meets California Air Resources Board (GARB) revision 92,standards. 6.7 TRASH AND LITTER shall mean any debris within the grounds maintenance project area including, but not limited to furniture, appliances, tires, construction material, paper, plastic, cans, bottles (including broken glass), cardboard, rags, limbs and branches, rocks, and other similar solid materials and foreign debris which is not intended to be present as part of the landscape. 6.8 TRIMMING shall refer to the cutting or removal of all plant life adjacent to or within any fence line, pole, guy wire, sign, guard rail, sidewalk, curb, and ditch, Ditches will need to be trimmed regardless of existing conditions contained within ditch by any equipment necessary to do so. 6.10 CHEMICAL TRIMMING shall refer to 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. 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. THE CONTRACTOR OR HIS/HER REPRESENTATIVE MUST HAVE A COPY OF THEIR PESTICIDE LICENSE ON FILE WITH THE AVIATION DEPARTMENT PRIOR TO THE USE OF ANY HERBICIDE. NOTE: CHEMICAL TRIMMING WILL NOT BE ACCEPTABLE ALTERNATIVE TO THE PHYSICAL REMOVAL OR CUTTING OF PLANT MATERIAL FROM AREAS TO BE TRIMMED. 6.11 EDGING will be around all hard surfaces i.e. parking lots, andwalkways. 6.12 MOWING HEIGHT shall refer to the setting of mowing equipment to cut grass to a height of two (2) inches for all project areas. The Contract Administrator may make changes in the height ITS 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 39 of 103 requirements. Repeated damage to turf may result in contract termination. 7.0 LITTER REMOVAL, MOWING, AND TRIMMING 7.1 Contractor shall remove ALL litter, mow, edge and trim all assigned turf areas on every cycle. 7.2 CONTRACTOR SHALL REMOVE ALL TRASH AND LITTER FROM THE ENTIRE AREA PRIOR TO INITIATING ANY MOWING OF THE TURF AREA. Failure to remove litter prior to mowing will result in the Contractor being required to return to site and remove all new litter as well as all mowed litter. Any papers, cans, or bottles cut or broken during maintenance operations shall be completely removed from the site 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 soleexpense. 7.3 Contractor shall use reasonable care to avoid damaging buildings, equipment and vegetation on City and private property. Mowers must be equipped with chute deflectors or guards to prevent rocks and debris from damaging public and private property. This includes, but is not limited to irrigation heads, fences, mailboxes, etc. The Contractor must assess the area to be mowed prior to starting and make necessary adjustments not to cut or damage irrigation heads. If the Contractor's failure to use reasonable care causes damage to anyproperty, the Contractor shall replace or repair the damage 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 the contractprice. 7.4 Contractor shall maintain sharp blades on all mowing equipment so as to cleanly cut, not tear, the blades of grass. All grass shall be cut at a height of two (2) inches. Upon completion, a mowed area shall be free of clumped grass cuttings and tire tracks and ruts from equipment. Turf shall be cut in a manner so as not to scalp turf or leave areas of uncut grass. Care shall be taken to prevent discharge of grass clippings onto any paved surface such as streets, curbs and gutters, parking lots, sidewalks, concrete pads, creeks, lakes or ponds and/or onto adjacent properties. Any material so discharged shall be removed prior to leaving the project area. The Contractor shall dispose of all trash and litter at an off -site location procured by the Contractor at her/his sole cost and expense. 7.5 All structures, trees, poles, tables, signs, fences, and shrub beds are to be trimmed closely, where applicable. Special care shall be given to trimming around trees so as not to inflict damage to the bark of the trees. Trim guards should be used on line trimmers when working around trees and ornamental shrubs. All trimming shall be accomplished maintaining the required 2"cutting height depending on project area and cycle frequency. ALL TRIMMING MUST BE ACCOMPLISHED CONCURRENTLY WITH MOWING OPERATIONS. 7.6 All vegetation in cracks, seams, and joints of paved areas such as sidewalks, 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. The use of herbicides to control such growth may be permitted with the prior written approval of the Contract Administrator and in accordance with all applicable State laws and regulations. 7.7 WEEDING: All planting beds, hedgerows, fence lines, parking lots, andgravel areas shall be maintained weed and grass free. Chemical weedingusing ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 40 of 103 Roundup or an approved substitute is acceptable, but must be closely coordinated with the Contract Administrator prior to application. Use of herbicides at the base of trees and fence lines is not allowed, use of herbicides under the drip- lines of trees is discouraged from June to August. Use of guards on line trimmers is recommended, as Contractor is responsible for replacement of any trees that are extensively damaged, 7.8 FENCE LINES: All weeds and grass in fence lines shall be removed at the beginning of the season and fence lines will be kept weed and grass free throughout the season. Interior fence lines will be kept weed and grass free atall times. Exterior fence lines will be kept weed and grass free for at least 12 inches outside the fence line. When an Aviation Department perimeter fence is adjacent to private property, all weeds, grass and brush will be kept trimmed back to the fence line and the fence line may be cleared, when accessible for a distance of 12 inches on the outside of the fence line. The Contractor will remove all weeds, grass, tree limbs or other vegetation growing through the fence. The base of the fence Iine may not be treated chemically, using Roundup substitute, and all tree and shrub limbs, sprouts or branches will be cut back flush with the fence line. Chemical edging will not be used. REMOVAL OF GRASS CLIPPINGS. Removal of cut grass from turf areas will not be required, unless otherwise specified by Contract Administrator. Cut grass and debris that 7.9 falls or is thrown by equipment upon the pavement, streets, curb and gutters, sidewalks, driveways or adjacent properties through the action ofthe work crew, shall be removed prior to leaving the project area. 7.10 The Contractor shall preserve and protect public utilities at all times during maintenance. Any damage to utilities resulting from the Contractor's workshall be restored at the contractor's expense. 7.11 EDGING of sidewalks, driveways and curbs, where applicable, shall be accomplished so that grass and weeds do not extend over the edge of the walks, trails, drives, or curbs more than %4 inch, nor will they be cut back from the edge of walks, trails, drives or curbs more than `/4 inch, All concrete sidewalks, trails, curbs, walking paths and steps must be mechanically edged exposing concrete surface. The Contractor may use a disc edger on a mower or similar device to edge medians so long as the produced edge meets the standard set forth above. All material dislodged by edging shall be removed from the site or blown back onto grass areas so as to leave a clean appearance. Concrete sidewalks shall be edged on both sides. 8.0 TREES AND SHRUBS - NO PRUNING OF ANY TREE SHALL BE PERMITTED, UNLESS SPECIFIED OTHERWISE IN THESE SPECIFICATIONS OR REQUESTED BY THE CITY. Trash and litter shall be removed from ornamental flower and planting beds during each mowing cycle. Mulch rings shall be reshaped prior to leaving project site when dislodged by mowing equipment. Severe damage to trees will result in replacement or compensation of trees by the Contractor. Failure to replace damaged trees shall be considered a breach of contract and Contractor shall be assessed for damages. Slight or moderate damages to trees will result in assessment of damages. 8.1 ASSESSMENT OF DAMAGES TO TREES DURING GROUNDS MAINTENANCE OPERATIONS: ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 41 of 103 8.1.1 The Contractor will check trees in the contract area before contractwork begins, any damage will be noted and reported to the Contract Administrator. 8.1.2 The Contract Administrator will conduct random checks of thetrees during the contract period. 8.1.3 A check of all trees may be made at the end of the contract period. Contract Administrator and Contractor will attend the inspection, 8.1.4 Damages shall be documented by memo with copy to contract fileand the Contractor. 8.1.5 Contractor may have the option of replacement or payment for severely damaged tress at a location to be designated by the Aviation Department. Replacement shall be made on caliper inch per caliper inch basis with a minimum size of replacement tree of 2" in caliper. The Contractor shall be responsible for the planting, watering, mulching and maintenance of replacement trees for a period of not less than 2 years. Any tree that does not survive the 2 year established period shall be compensated for by the Contractor to the Aviation Department at a rate of $200.00 per caliper. 8.1.6 Damages shall be assessed at a rate of: $100.00 for each instance of slight damage to tree(s); this is damage that may heal; Examples include but are not limited to scaling of the trunk into the cambial layer %z" to 2" in width but less than 1/3 trunk circumference or breaking of limbs iessthan 2" in diameter or limbs less than 1/3 trunk caliper whichever is less; $300.00 for each instance of moderate damage to tree(s) which in the opinion of the City Forester contribute to the poor health and reduced longevity of the tree examples would include but are not limited to scaling of the trunk into the cambial layer greater than 2" but less than 1/3 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 penalty of $200.00 per diameter inch of trees removed or damaged for trees less that 30" $400,00 per diameter inch of trees greater than 30". Severe damage or removal shall include but is not limited to scaring of the trunk to the cambial layer greater than 1/3 the trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch greater than 1/3 of trunk caliper. Branches shall be measured at thepoint of attachment or at the lateral to which the branch would be pruned back to according to 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 Aviation 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. 8.1.7 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. ITI3 20-0006 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 42 of 103 8.2 STORM DAMAGE: IN THE EVENT OF STORM DAMAGE PRUNING WILL BE NECESSARY TO REMOVE DAMAGED AND BROKEN LIMBS. ANY TREES BLOWN OVER OR DOWNED DURING A STORM (UP TO 4 CALIPER INCHES IN DIAMETER) WILL BE REMOVED. All plant material (up to 4 caliper inches in diameter) resulting from trimming and pruning, normal deadfall, or storm/wind damage shall be removed from Aviation Department property and properly disposed of by the Contractor each time the Contractor performs maintenance at the site. 8.3 CREEKS AND DRAINAGE AREAS: All creeks and drainage areas at Aviation Department sites will be cleaned and all brush, grass, trees and other plant materials will be maintained at a height of approximately four (4) inches. Chemical treatment will not be allowed in creeks and drainage areas, unless approved in writing by the Contract Administrator or the Superintendent of Plant Maintenance. Drainage areas will need to be trimmed regardless of existing conditions contained within ditch by any equipment necessary to do so. Standing water will not be considered acceptable justification for not mowing. 8.4 COMPLETION OF WORK: The Contractor must complete the work within a minimum 3 continuous days, or less, once the work begins. Work is to begin on Mondays. Equipment can only be brought to the site the day the contractor starts work and can only be left on site if the crews are coming back the next day. Upon completion of work the equipment must be removed from site until the next cycle unless written permission is provided by the Contract Administrator. If for any reason the grounds maintenance cannot be completed, e.g., due to rain or wet grounds, the Contractor must contact the Contract Administrator. 8.5 SECURITY PROCEDURES: On all Aviation Department properties, all Contractor personnel must have a valid picture ID with photo, or a valid Driver's License with photo, on their person or readily available in their vehicle on site. 8.5.1 When applicable, the Contractor will stop at the entrance to the facility and check in with security personnel upon arrival to get clearance to enter the facility. 8.6 HAZARDOUS CONDITIONS - The Contractor is required to notify the Contract Administrator immediately of any hazardous conditions and/or damage to city property. 8.7 HARD SURFACE MEDIANS end caps or traffic islands within or adjacent to the contracted area, which are not specifically identified in these specifications, shall be deemed to be a part of the contracted area. 8.8 CONCURRENT CONTRACTS - In the event that any one Contractor is awarded contracts for mowing more than one project area, he/she shall proceed with work simultaneously in all areas awarded. 8.9 SUPERVISION OF WORK CREW - Contractor shall provide supervision of all work crews while performing work under this contract. 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 and ability to respond to inquiries about work details orpriorities. 8.10 STREET USE PERMIT 8.10.1 The Contractor will be required to obtain a "Street Use Permit" priorto starting work. Contact Chuck McLure at (817) 392-7219. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 43 of 103 8.10.2 The Contractor shall be responsible for providing traffic control duringthe construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Street and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways"' codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. 8.10.3 The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required maintenance, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division at phone number (817)392- 7738, to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with temporary sign meeting the requirement of the above reference manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall not be left in place until the temporary sign requirements are met. When work is completed to the extent that the permanent sign can be re -installed, the Contractor shall again contact the Signs and Markings Division to re -install thepermanent sign and shall leave his temporary sign in place until such re -installation is completed. 9.0 INSPECTION AND ACCEPTANCE 9.I Contract Administrator will be responsible for making inspections, monitoring the Contractor's activities and ensuring the work is performed in accordance withthe Agreement specifications. The Contract Administrator shall record, process and submit all pertinent information to the Agreement file for determination of termination of Agreement or for non -renewal. Copies of documents related to inadequate performance will be submitted to the Purchasing Department. 9.1.1 In the event the Contractor fails to perform according to the terms of this Agreement, the Department head or his/her designee will notify the Contractor, in writing, of its failures. A meeting may be arranged to discuss the Contractor's deficiencies. A written cure notice will be prepared giving the Contractor ten (10) calendar days to cure any deficiency. 9.1.2 In the event the Contractor continues with unsatisfactory performance, the Contract Administrator will promptly notify the PurchasingManager or his/her designee who will take appropriate action to cure the performance problem(s), which could include cancellation, termination for convenience or default. 9.1.3 The City reserves the right to terminate this Agreement, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Payment to the Contractor will be based on actual quantities of work performed and accepted by the City. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 44 of 103 9.2 A work order will consist of a written document specifying type of work, contractor name, project area, maintenance cycle, beginning and ending date, and comments. A work order is issued on the beginning date of each mowing cycle. The contractor shall not begin work on the project area until a work order is received. The work order shall be considered complete when all work in the project area has been inspected and approved by the Contract Administrator, Both the Contract Administrator and Contractor indicating agreement with the information shown on the work order including any comments noted by the Contract Administrator will then sign the work order. The completed work order sheets shall be attached to the monthly invoices verifying work performed. It is mandatory that all work orders be signed after completion of each cycle before a new work order may be issued. Failure to obtain a work order prior to beginning a maintenance cycle can result in non-payment for work performed. 9.3 Contractor must notify Airport Operations for access to locked manual gates and of each day's completion for inspection to secure gates on the property. 9.4 Contractor is responsible for providing photographic evidence of all Project Areas completed for each mow cycle. Photographs must be time and date stamped. 10 CONTACT - Contractor shall, e-mail, or fax in each day's completions that are ready for inspection to the Contract Administrator. This will be accomplished no later than the first regular work day after the maintenance is completed. Failure to submit completion reports or contact the assigned Contract Administrator on the next regular work day after work is completed on an area can result in liquidated damages and may lead to termination of the contract. 11.0 DELIVERIES AND PERFORMANCE NOTE: THE CONTRACT ADMINISTRATOR HAS THE AUTHORITY TO CANCEL SCHEDULED MOWING CYCLES ON A WEEK -TO -WEEK BASIS. THE CANCELLATION WILL BE BASED UPON NEED, PREVAILING WEATHER CONDITIONS AND AVAILABLE FUNDING. THE CONTRACTOR WILL BE NOTIFIED OF ANY CANCELLATIONS, THE CITY RESERVES THE RIGHT TO PERFORM GROUNDS MAINTENANCE OPERATIONS DURING CANCELED CYCLES. THE CONTRACT ADMINISTRATOR MAY CHANGE THE FREQUENCY OF GROUNDS MAINTENANCE CYCLES. CONTRACTORS MAY BE REQUIRED TO RETURN TO MAINTAIN SPECIFIC LOCATIONS DURING CANCELLED CYCLES OR AFTER REGULAR SEASON MOWING HAS ENDED. ANY SUCH CALL BACK WORK SHALL BEGIN WITHIN TWO (2) WORKING DAYS OF THE REQUEST TO PERFORM WORK AND SHALL BE COMPLETED IN A TIMELY MANNER. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 46 of 103 12.0 ON CALL MOWING 12.1 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. 12.2 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. 12.3 Contract Manager will approve contractor's submitted price for the job before work begins. 12.4 Pricing exceeding Contractor's comparable Project Areas or solicitation pricing must be approved by the Contract Manager. 12.5 Contractor has the right to decline or accept On -Call Mowing work. 12.6 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. 12.7 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. 12.8 Contractors cannot fail to perform on their currently contracted mow Cycle in order to perform On- Call Mowing projects. 12.9 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. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 46 of 103 Note: Ditches are expected to be mowed regardless of standing water. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 49 of 103 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 50 of 103 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 51 of 103 Lf nerlM Wig T ji lep �o�� ,- q JJ�nlrrnal' p ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 52 of 103 I 1 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 53 of 103 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 54 of 103 i - +AerlimP _ min �J n` IA. -Ap— -a ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 55 of 103 Aorial ky 1 Il � i N" ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 56 of 103 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 58 of 103 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 59 of 103 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 60 of 103 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 61 of 103 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 62 of 103 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 63 of 103 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 64 of 103 1TR 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 65 of 103 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 66 of 103 [ � — . � . � � 00T . L®-� Ito �f' ■. � �� ■ � . � �� �»�. » &� % �& ,. - f rod . ._ � . --- �/ - y. J . % jI.A! \_ � . I 2. : c� 4 Note: Ditches are expected to be mowed regardless of standing water. ITS 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 69 of 103 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 71 of 103 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 72 of 103 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 73 of 103 ITS 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 74 of 103 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION [DEPARTMENT 75 of 103 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 76 of 103 mow_ A .o "®R PwV.,n _ I - 11 ILI i I i Y 01I 7h •' ATTACHMENT — J NO BID SHEET (Please complete this form, only if, your firm has chosen not to submit a bid) Sarah Czechowicz Purchasing Division Fax No. 817-392-8440 E-mail address. Fk4SPurchasingResponsesAfortworthtexas.gov If your firm has chosen not to submit a bid for this procurement, please complete this form and submit to: City of Fort Worth, Purchasing Division 200 Texas Street Fort Worth, Texas 76102 {or fax to above address} Please check the items that apply: Do not sell the item(s) required. Cannot be competitive. Cannot meet the Specifications highlighted in the attached Bid. Cannot provide insurance required. 0 Cannot provide Bonding required. Cannot comply with Indemnification requirements. Job Qtoo large. QJob too small. r0 Do not wish to do business with the City. f� l Other reason. Company Name: Authorized Officer or Agent Signature: Telephone: (i FAX Number: ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 78 of 103 ATTACHMENT - K 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 <Contractor Name>, a Texas <Enter Entity Type>, acting by and through its duly authorized representative ("Contractor"). WHEREAS, City, through its Aviation Department ("Aviation Department"), contracts for mowing and grounds maintenance services within the City; WHEREAS, through ITB/RFP No. <##-###> the City solicited bids to aw,ird non-exclusive agreements to multiple bidders for mowing and grounds maintenance services oil an as-11&ded basis in the City with an aggregate amount of $<##,###.##> for contracts awarded to the Nt tx;essfui bidders, WHEREAS, Contractor was one of the successful bidders awarded a. nonlract to ip-wide non- exclusive mowing and grounds maintenance services to the City; WHEREAS, City and Contractor wish to set out terms of C oni ractor's non-exclusive mowing and grounds maintenance services; NOW, THEREFORE, in consideration of the i.ovenants and agreements contained in this Agreement, City and Contractor hereby agree as follows: SI1.CTION I CONTRACT DOCUMENT S The contract documents shall inn Jude the following: 1. This Non -Exclusive Mowing Lod Grounds Maintenance Services Agreement 2. Exhibit A — Contract Specifications 3. Exhibit B — City 'of Fort Worth Bid Solicitation (ITB/RFP No. 4. Exhibit C -- C ontraMr's-Response to City of Fort Worth ITB/RFP No. 5. Exhibit D— Irisurance All E,,hibits%attachml hereto are incorporated herein and are made a part of this Agreement for all purposes. In I lie event of any coull t between the Exhibits and the terms and conditions of this Agreement, this Agreement shall control. SECTION 2 SCOPE OF WORK 2.1 Contractor shall provide mowing and grounds maintenance services ("Services") to the City in accordance with the Contract Specifications set forth in Exhibit A, which is attached hereto and incorporated herein for all purposes. 2.2 Contractor understands and agrees that the City will award non-exclusive purchase agreements to multiple bidders for mowing and grounds maintenance services as outlined in City of Fort Worth Bid Solicitation (ITB/RFP No. ##-####), which is attached hereto as Exhibit B, and incorporated herein for all purposes. Contractor further understands that the aggregate amount of all contracts awarded to multiple contractors under (ITB.RFP No. ##-####) shall be in the amount of$<##,###.##>, and the City Pagel of 24 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 on an as needed basis during the Term ("Work Order"). A sample written work order has been attached to this agreement as Attachment L. 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. This Agreement shall begin on the date statpd in Purchase Order ("Effective Date") and shall expire on November 30th, 2021, (`Expiration Date"), unless fermiiwted earlier in mt cordance with this Agreement ("Initial Term"). Upon the expiration of the Initial Terinn, the Agrea m eift shall renew automatically under the same terms and conditions for up to two (2) one-y4°,Ir renewal periods (December I to November 30) and for a third renewal period which shad vNpire on completion of total five year duration, unless City or Vendor provides the other party with I10tiCe of 11Lgi--renew.Lt rit least 90 days before the expiration of the Initial Term or renewal period. Ho��i�vcr„ if funds art not appropriated, the City may cancel the Agreement 30 calendar days after providing wrilLkq notification to the Contractor / Vendor. 14-x SE[" f'I()N 4 INVOICIIPS AND PAYMENT 4.1 The City shall pay Contractor the fees established in each AX ork Order in accordance with the provisions of this Agreement. Contractor ghat I Pot perform any additional services for the City not specified by this Agreement unless the (-'ity requestn nild approves in writing the additional services. The City shall not be liable for any additimlzif expenses of Contractor not specified by this Agreement. 4.2 Contractor shall summit type written or computer printed invoices to the City which include the Contractor'4 name, at]dress-and telephone number, and identify the service location, the agreed price for the Project Area contained in [lie Work Order, and the City's issued purchase order and release number. Contractor shall silbirnit all invoices to the City within two (2) weeks of completing the work. Contractor shall -submit individual invoice for each individual mow cycle. 4.3 Cori(nwIor shall submit all invoices to: Aviation Department After i'an., Dakota Shaw `City of Fort Wo Mul 201 American Concourse, Suite 330 AWorth, TX 76106 I countina@FortWorthTexas.vov Dakota.Shawa�) ortWorthTexas.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 Page 2 of 24 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 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 DAM. AGE, INCLUDING, BITT NOT LIMITED TO, PROPERTY DAMAGE AND LOSS AND PERSONAL INJURY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLV, THE SERVICES PERFORMED BY CONTRACTOR UNDER THIS AGREEMENT. 5.2 INDEMNIFICATION -- CONTRACTOR, AT ITS SOLD, COST AND EXPENSE, AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, PROTI',,CT, AND HOLD HARMLESS CITY AND CITY'S OFFICERS, REPRE ENTATIVES.. AGENTS EMPLOYEES, AND SERVANTS (COLLECTIVELY, "INDEMNITI.E ") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CA USES OF ACTION, SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMTTED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTI.GATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISIr. BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPER'r'1! (I) 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 ALLEG ED 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, S�;RVANTS, EMPLOYEES, CONTRACTORS; OR (3) BY ANY BREACH, VIOLATION OR NONPUAVORMANCE OF ANY COVENANT OF CONTRACTOR UNDER THIS AGREE MEN T (COLLECTIVELY, "LIABILITIES"). 5.3 If any action or I)VL?ceeding shall be brought by or against the City in connection with any such liabikky or ulakm. Contractor, on notice from City, shall defend such action or proceeding at Contractor's exfxnngv, by or through attorneys reasonably satisfactory to City. 5.4 It 14 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. Page 3 of 24 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 T l 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 nee;es�ary Contractor facilities and shall be provided adequate and appropriate wor space in order to cAnductjaudits in compliance with the provisions of this section. City shall give actor regsonahli~ advanpe Tiotice of intended audits. AW 7.2 Contractor further agrees to include in any contractor arnl subeowracior agreements hereunder a provision to the effect that the contractor and subcont-M-0tors agree that the City shall, until the expiration of three (3) years after the expiration or termination cf the contract or subcontract, have access to and the right to examine any directly pertinent books, doonments, pape-rs,-and records of such contractor or subcontractor involving transactions of the contract nj- subcontract, and further that City shall have access during normal working hours to all contractor and subcontractor Ii'eilities and shall be provided adequate and appropriate work space in order to 60i ndoct audits in vomp`I ionce with the provisions of this paragraph. City shall give the contractor and s�tbcontri000r reasonahle advance notice of intended audits. SECTION h TE1� M ILYATION 8.1 Termination for Convenlence. This Agreement may be terminated without cause by the City upon delivery of written notice to Conii-actor. This Agreement may be terminated without cause by the Contractor thirty (30)fliiys aI'ler delivery [o the City of written notice of such intent to terminate. 8.2 Termint}tion fot Causu. Lhiless stated elsewhere in this Agreement, Contractor shall be in default under this Agrearneni 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 ths' Cerro of the Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill i1F obligations under this Agreement, the City may terminate the portion of the Agreement regatding 4uuh obligations to be effective on the Iater 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 Page 4 of 24 other. City may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Agreement. No such termination shall relieve City from any obligation it may have to Contractor hereunder and City may pursue any and all rights and remedies or relief provided by law, whether or not stated in this Agreement. SECTION 9 LICENSES AND PERMITS 9.1 Contractor shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for its operations. SECTION 10 NOTICES 10.1 All notices required or permitted under this Agr"mcnt may be given to a pariy (�ersonally or by mail, addressed to such party at the address stated below or to such other ad�iress as one party may from time to time notify the other in writing. Any notice so given shall ble deemed to have been received when deposited in the United States mail so addressed with postage prepaid. CITY: CONTRACTOR: City of Fort Worth Aviation Department 201 American Concourse, Suite 33 Fort Worth, Texas 76106 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 7610' <t.'s f Ritractor> <Address Line 1> Line Or to such other addrex*-:1s sucli party iww hereafter designate by notice in writing addressed and mailed or delivered to the other part)- IICTetO. SECTION 11 NONDISCRIMINATION 1 t .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. Page 5 of 24 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, conditidris and agreements made and entered into by the parties hereunder are declared to be for the benefit i}'jrnd binding on their respective successors, representatives and permitted assigns, if any. SECTION la INDEPENDENT CONT4I~ACTOR 15.1 It is expressly understood and agreed tliat 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 um'l r this Agreement, and not as agents, representatives or employees of the City. Subjlhel to atxl in accordIn ;e with the conditions and provisions of this Agreement, Contractor shall have the r nclusive ripM to cc oTr,71 the details of its operations and activities and be solely responsible for,fhe acts ,and omissioiis of its einlrioyees, representative, agents, servants, officers, contractors, subconth3aors, snd Volunteers. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between Ilse. City and its officers, representatives, agents, servants and employees, and Contractor and ifs oinployees, representative, agents, servants, officers, contractors, subcontractors, and volunteers; Contractor further agrees that nothing herein shall be construed as the creation of a partnership 6r ]obil enterprise-1)uiween City and Contractor. It is further understood that the City shall in no way be eonsidervd a Co -employer or a Joint employer of Contractor or any employees, representative, agents, servants.16Mccrs, esontractors, subcontractors, and volunteers of Contractor. Neither Contractor, nor any off rers,.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 taxcs onn Lrehalf 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. Page 6 of 24 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 sipmure received via facsimile or electronically via email shall be as legally binding for all pwpose5 is :art original signature. SECTION 19 SEVERABILITY AND NO WAIVER 19.1 It is agreed that in the event any covenant, c oiidition or Provision by ein contained is held to be invalid by any court of competent jurisdiction, the inYjiIklity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision does iwt materially prejudice either Contractor or City in connection with the right at id pl)J-1gations contained in flie valid covenants, conditions or provisions of this Agreement. 19.2 The failure of either panty to insist upon tlfe performanm. of any term or provision of this Agreement or to exercise any right granted hemwider shall not constitute:a waiver of that party's right to insist upon appropriate performance or (0 assert any such right on any future occasion. SECTION 20 COMPIJANCE WITH LAWS 20.1 This Agreement l,L, subjt!ct to all applicable federal, state and local laws, ordinances, rules and regulations, including, hat Miot liliiitk:.dl.'to, all provisions of the City's Charter and ordinances, as amended. 20..'1, if Wily. notittes 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 acid 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 Page 7 of 24 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 ils employees who perform work under this Agreement, including completing the Employment Elij ibllity Verification Form (1-9). Upon request by City, Contractor shall provide City with copies of all 1-9 form- and supporting eligibility documentation for each employee who performs wort iwider this Ap-eemcfit. Coriiractor 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 of igible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY FIARML11 5. FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIO[.,ATIONS 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. (91GNATURES ON FOLLOWING PAGE) Page 8 of 24 IN WITNESS WHEREOF, the parties have executed this Agreement in multiples in Tarrant County, Texas. EXECUTED to be effective on the date set forth in Section 3. CITY OF FORT WORTH Fernando Costa Assistant City Manager Recommended: Bill Welstead, Director Aviation Department APPROVED AS TO FORM AND Royce Hansen Assistant City Attorney ATTEST: M&C: Date: Form 1295: CONTRACTOR Name: Title: 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: Dakota Shaw Title: Airport Supervisor 40k . 11�0� 46LN Page 9 of 24 ATTACHMENT A CONTRACT SPECIFICATIONS 1.0 SCOPE - The successful Kidder, hereinafter "Contractor' shall provide all necessary labor, material, and equipment to provide grounds maintenance for the City of Fort Worth, (City) for an annual agreement, and subsequent renewal periods in strict accordance with the terms, conditions, and provisions of this solicitation. 1.1 Only Bidders that submit prices for all line items on the Bid Solicitation sheet will be considered for award. 1.2 Meacham International Airport is made up of 40.52 Acres. 1.3 Once a week mowing from March to October and any all months are as nrjuded. Weekly mowing cycle is to be initiated on Mondays unless requ6sted otherwise by the City or conditions are not suitable for mowing jul ivities. Conditions rra.: suitable for mowing are to be determined by the City. 2.0 SITE VISIT - See ITB cover sheet for details 2.1 Bidders are responsible for familiarizing themselves with Me work to be performed and should inspect ALL locations prior to subrIhitfing bids in order to be fully aware of the scope of the services required. Failure to do so will not relieve the successful bidder(s) from performing in accordance with the strict inteni and meaning of the specifications at the awarded bid price. There will'be no 86ditional cost to the City of Fort Worth. 2.2 FAILURE TO ATTEND THE SITE VISIT MAY IMPACT A fS!DDER'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE, ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. 3.0 EQUIPMENT 3.1 Contractor shall have available all equipment and material upon arrival at job site or prove that Contractor has access to all equipment necessary to perform all work outlined in this contract. 3.2 Bidders shall provide a list of machinery and equipment that they propose to use in the execution of & Agreehient. See attachment F - List of Machinery and Equipment. 3.3 Bidder should be able to demonstrate adequate back-up equipment or plan to allow for breakdowns. 3.4 Insufficient -and/or inadequate equipment as determined by the City of Fort Worth Avratlon Department is cause for rejection of a bid. City reserves the right to thoroughly inspect and investigate the establishment, facilities, business reputation, and other qualification of any bidder and reject any bid, irrespective of price, if it shall be determined lacking in any of the essentials necessary to assure acceptable standards of performance. 3.5 All equipment shall be in good repair and operated by a responsible employee. Page 10 of 24 4.0 BID GUARANTEE - Bids shall be accompanied by a bid guarantee in one of the following forms: 4.1 CERTIFIED CHECK; CASHIERS CHECK; OR SURETY BOND (ATTACHMENT 4) 1N THE AMOUNT OF NOT LESS THAN FIVE PERCENT (5%) OF THE COST OF THE TOTAL ANNUAL BID, FAILURE TO SUBMIT THE BID GUARANTEE SHALL RESULT IN BID BEING NON -RESPONSIVE. 4.2 The bidder agrees to forfeit their bid guarantee to the City when he/she receives notice of the acceptance of the bid, and falls to execute the contract and fails to furnish a satisfactory performance bond within TEN (10) WORKING DAYS after receiving said notice. 4.3 All cashier checks will be returned to bidders after an award has been rnwe by the City Council. 5.0 SCOPE OF WORK 5.1 The work covered by these specifications consists of spedfic ground5i rnairiterisllce services at Meacham Airport, within each project area as required by established maintenance schedule. Contractor shall be responsible for removing all trash and litter, mowing all areas; edging, trimming all turf along pavement, including expansion cracks extending two feet onto the pavement, curbs and around or on signs, posts, guard rails, sidewalks, other obstacles and keeping shrub and flower beds weed free, clearing vegetation from in and under all fence lines, rand removing all grass clippings from hard surfaces. Litterltrash includes, bur is not limited to plastic, cans, tires, bottles, cardboard, rags, limbs and branches, rocks.:and other similar solyd materials and foreign debris which are not intended to be pre$ent as part of the landscape. Contractor will apply herbicide to cracks and expensior, joints to cu tail weed g(b440 in solid surface areas upon department request. o+' 6.0 DEFINITIONS 6.1 GROUNDS MAINTENANCE PROJECT AREA shall refer to specific geographic areais) of Meacham Airport designated to receive specified grounds maintenance services. ` 6.2 MAINTENANCE SCHEDULE shall mean the time periods established by the City for the mowing season within which all prescribed maintenance activities for each ,area shall be completed. CONTRACTOR SHALL BEGIN THE WEEKLY :MOWING CYCLE ON MONDAYS. THE CONTRACTOR WILL MAINTAIN THIS SCHEDULE THROUGHOUT THE MOWING SEASON. THE SECOND MOWING CYCLE WORK ORDER WILL NOT BE ISSUED UNTIL THE WRITTEN SCHEDULE IS RECEIVED. IF CONTRACTOR EXPECTS TO VARY FROM THE SCHEDULE, THE CONTRACTOR SHALL* NOTIFY THE CONTRACT ADMINISTRATOR OF THE VARIATION IN ADVANCE AND SPECIFY AN ALTERNATE COMPLETION SCHEDULE. NOTE: CONTRACTOR WILL BE PAID ONLY FOR WORK ACTUALLY ACCOMPLISHED DURING THE ESTABLISHED MOWING CYCLE, UNLESS DUE TO WEATHER OR OTHER VALID REASON THE CONTRACT ADMINISTRATOR HAS GRANTED AN EXTENSION TO THE SCHEDULE MOWING CYCLE. Page 11 of 24 6.3 CONCURRENT shall refer to all mowing, trimming, and litter removal on any given item being completed on the same day. Should a given area be too large to complete in a single day, any areas that have been mowed must be trimmed, and litter removed on the same day the mowing occurs. 6.4 CONTRACT ADMINISTRATOR shall mean the duly authorized representative of the Aviation Department who shall monitor the contractor's performance within the regions he/she is assigned. 6.5 INCLEMENT WEATHER shall mean 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 safety or satisfactorily that is in a manner that will not rut up or cause any damage to the turf. 6.6 OZONE ACTION DAYS shall refer to the period from May 1st through October 31St (Ozone Season) of each year, when ozone levels are critical. These days are determined by the Texas Natural Resg0tce Conservation Commission and are announced via television, radio, and TX DOT highway information boards. 6.6.1 Contractors are not to use any motorized equipment botween the hours of 6 a.m. and 10 a.m. on these daps. unless the.equipment uses propane, diesel or compressed natural gas as 9-fuel source or meets California Air Resources Board tCARB) revision-#2, standards. 6.7 TRASH AND LITTER shall mean -any c€ebris within IhEi grounds maintenance project area including, but not limited to furniture, appliances, tires, construction material, paper, plastic, caFts, Idottles (including broken glass), cardboard, rags, limbs and branches, rocks. and other similar solid ;materials and foreign debris which is not intended to be present as part of tha landscape. 6.8 TRIMMING shall Peter to the cutting or removal of all plant life adjacent to or within any fence line, pole, guy wire, sign, guard rail, sidewalk, curb, and ditch. Ditches will'need to be trimmed regardless of existing conditions contained within ditch by any equipment necessary to do so. 6.9 Ni6 VIN(3 HEIGHT shall refer to the setting of mowing equipment to cut grass tb a heighl of two (2) inches for all project areas unless requested otherwise by 'Ihke Conti ai.t AfJwjn:strator 6.10 CHEMICAL TRIMM;NG shall refer to 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. 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. THE CONTRACTOR OR F(ISIHER REPRESENTATIVE MUST HAVE A COPY OF THEIR PESTICIDE LICENSE ON FILE WITH THE AVIATION DEPARTMENT PRIOR TO THE USE OF ANY HERBICIDE. NOTE: CHEMICAL TRIMMING WILL NOT BE ACCEPTABLE ALTERNATIVE TO THE PHYSICAL REMOVAL OR CUTTING OF PLANT MATERIAL FROM AREAS TO BE TRIMMED. 6.11 EDGING will be around all hard surfaces i.e. parking lots, and walkways. 6.12 MOWING HEIGHT shall refer to the setting of mowing equipment to cut grass to a height of two (2) inches for all project areas. The Contract Administrator may make changes in the height requirements. Mowing below the heights stated Page 12 of 24 above may result in liquidated damages when turf is damaged, e.g., scalping occurs. Repeated damage to turf may result in contract termination. 7.0 LITTER REMOVAL, MOWING, AND TRIMMING 7.1 Contractor shall remove ALL fitter, mow, edge and trim all assigned turf areas on every cycle. 7.2 CONTRACTOR SHALL REMOVE ALL TRASH AND LITTER FROM THE ENTIRE AREA PRIOR TO INITIATING ANY MOWING OF THE TURF AREA. Failure to remove litter prior to mowing will result in the Contractor being required to return to site and remove all new litter as well as all mowed litter. Any papers, cans, or bottles cut or broken during maintenance operations shall be completely removed from the site 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 Otis/her sole expense. 7.3 Contractor shall use reasonable care to avoid damaging bulldings, equipment and vegetation on City and private property. Mowera knust be equipper) with chute deflectors or guards to prevent rocks and debris. from damaging public and private property. This includes, but is not limited to irrigatior. heads, fences, mailboxes, etc. The Contractor must assess the area to be mowed prior to starting and make necessary adiristments not to cut or damage irrigation heads. If the Contractor's failure to use roasonable care causes damage to any property, the Contractor shall replace or repair Ina damage at no expense to the City. If the Contractor fails or refused to make such repair or repPacement, the Contractor shall be liable for the cast, which m.ay be deducted from the contract price. 7.4 Contractor shall malnlain sharp blades on all mowing equipment so as to cleanly cut, not tear, the blades of grass. All gm55shall be cut at a height of two (2) inches. Upon completion, a mowed area shall be free of clumped grass cuttings and tire tracks and ruts from equipment. Turf shall be cut in a manner so as not to scalp turf or leave areas of unr*Lit grass. Care shall be taken to prevent discharge of grass clippings onto any paved surface such as streets, curbs and golters, parking lots, sidewalks, concrete pads, creeks, lakes or ponds and/or onto adjacent propertie!5 Any material so discharged shall be removed prior to leaving the project area. Fhe Contractor shall dispose of all trash and litter at an of --site location pros ted by the Contractor at her/his sole cost and expense. 7.6 All structures, trees, poles, tables, signs, fences, and shrub beds are to be trimmed closely, where applicable. Special care shall be given to trimming around trees so as not to inflict damage to the bark of the trees. Trim guards should be used on line trimmers when working around trees and ornamental shrubs. All trimming shall be accomplished maintaining the required 2"cutting lialght depending on project area and cycle frequency. ALL TRIMMING MUST BE ACCOMPLISHED CONCURRENTLY WITH MOWING OPERATIONS. 7.E All vegetation in cracks, seams, and joints of paved areas such as sidewalks, 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. The use of herbicides to control such growth may be permitted with the prior written approval of the Contract Administrator and in accordance with all applicable State laws and regulations. 7.7 WEEDING: All planting beds, hedgerows, fence lines, parking lots, and gravel areas shall be maintained weed and grass free. Chemical weeding using Page 13 of 24 Roundup or an approved substitute is acceptable, but must be closely coordinated with the Contract Administrator prior to application. Use of herbicides at the base of trees and fence lines is not allowed, use of herbicides under the drip- lines of trees is discouraged from June to August. Use of guards on line trimmers is recommended, as Contractor is responsible for replacement of any trees that are extensively damaged. 7.8 FENCE LINES: All weeds and grass in fence lines shall be removed at the beginning of the season and fence fines will be kept weed and grass free throughout the season. Interior fence lines will be kept weed and grass free at all times. Exterior fence lines will be kept weed and grass free for at least 12 inches outside the fence line. When an Aviation Department perimeter fence is adjacent to Private property, all weeds, grass and brush will be kept trimmed back to the fence line and the fence line may be cleared, when accessible for o "distance of 1 2 .inches on the outside of the fence line. The Contractor will remove all weeds, grass, t}ee limbs or other vegetation growing through the fence. The base of the fence line may not be treated chemically, using Roundup substitute, and all tree and shnro limbs, sprouts or branches will be cut back flush with the fang* line. Chemical edging will not be used. O%N 7.9 REMOVAL OF GRASS CLIPPINGS Removal of cut grass from turf areas will not be required, unless otherwise spccilied by Conirac;t Administrator. Cut grass and debris that falls or is thfavwn by equipment upan the pavement, streets, curb and gutters, sidewalks, driveways or adjacent properties through the action of the work crew, shall be removed prior to leaving the project area. 7.10 The Contractor ahall preserve and protect public utilities at all times during maintenance- Any damage to ptilities resulting from the Contractor's work shall be restored'at the contractor'a expense. 7.11 EDGING of sidewalks, driveways and curbs, where applicable, shall be ac(.ompfthe.d so that grass and weeds do not extend over the edge of the walks, trails, drives, or curbs more than Y4 inch, nor will they be cut back from the edge of walks, [rails, drives or curbs more than Y inch. All concrete sidewalks, trails, curbs, Walking paths 'and steps must be mechanically edged exposing concrete surfa6e. The Contractor may use a disc edger on a mower or similar device to edge medians so long as the produced edge meets the standard set forth above. All material dislodged by edging shall be removed from the site or blown back ❑nlo.grass areas so as to leave a clean appearance. Concrete sidewalks shall be t}dged on both sides. 8.0 TREES AND SHRUBS - NO PRUNING OF ANY TREE SHALL BE PERMITTED, UNLESS SPECIFIED OTHERWISE IN THESE SPECIFICATIONS OR REQUESTED BY THE CITY. Trash and litter shall be removed from ornamental flower and planting beds during each mowing cycle. Mulch rings shall be reshaped prior to leaving project site when dislodged by mowing equipment. Severe damage to trees will result in replacement or compensation of trees by the Contractor. Failure to replace damaged trees shall be considered a breach of contract and Contractor shall be assessed for damages. Slight or moderate damages to trees will result in assessment of damages. 8.1 ASSESSMENT OF DAMAGES TO TREES DURING GROUNDS MAINTENANCE OPERATIONS: Page 14 of 24 8.1.1 The Contractor will check trees in the contract area before contract work begins, any damage will be noted and reported to the Contract Administrator. 8.1.2 The Contract Administrator will conduct random checks of the trees during the contract period. 8.1.3 A check of all trees may be made at the end of the contract period. Contract Administrator and Contractor will attend the inspection. 8.1.4 Damages shall be documented by memo with copy to contract file and the Contractor. 8.1.6 Contractor may have the option of replacement or payment for severely damaged tress at a location to be designated by the Aviation Department. Replacement shall be made on caliper inch per caliper inch basis with a minimum size of replacememt tree of 2" in caliper. They Contractor shall be responsible for the plbn,ting, watering, mulohing and maintenance of replacement trees for a period of not leas than 2 years. Any tree that does not survive the 2 year established period shall be compensated for by the Contractor to the Aviation Department at a rate of $200.00 per caliper. 8.1.6 Damages shall be assessed at a rate of: $100.00 for each instance of slight damage to tree(s); this Is damage thoi may heal; Examples include but are not limited io scaling of the trunk into +.he cambial layer V to 2" in width but less tltati 1/3 trunk circurnfarence or breaking of limbs less than 2" in diameter or 'imbs less than 1/3 Irunk caliper whichever is less; $300,00 for each instance of moderate damage to tree(s) which in the opinion of Ifie City Forester contribute to the'poor health and reduced longevity of the tree examples would include but are not limited to scaling of the trunk into the cambial layer greater than 2" but less than 113 the trunk eirctM,ference or breaking of limbs more than 2" in diameter but less than 113 caliper, Severe damage or removal of trees is subject to penalty of $200.00 per diameter inch of trees removed or damaged for trees less that 30" $400.00 per diameter inch of trees greater than 30". Severe damage or removal shall include but is not limited to scaring of the trunk to The cambial layer greater than 1/3 the trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch greater than 1/3 of trunk caliper. Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back to according to ANSI standards. Trees greater than 6" in caliper shall be Lo measured using diameter at breast height (DBH). In addition to any penalties or damages assessed by the Aviation Department, trees severely damaged or removed shall also be subject to fines and L*i 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. 8.1.7 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. Page 15 of 24 8.2 STORM DAMAGE: IN THE EVENT OF STORM DAMAGE PRUNING WILL BE NECESSARY TO REMOVE DAMAGED AND BROKEN LIMBS. ANY TREES BLOWN OVER OR DOWNED DURING A STORM (UP TO 4 CALIPER INCHES IN DIAMETER) WILL BE REMOVED. All plant material (up to 4 caliper inches in diameter) resulting from trimming and pruning, normal deadfall, or storm/wind damage shall be removed from Aviation Department property and properly disposed of by the Contractor each time the Contractor performs maintenance at the site. 8.3 CREEKS AND DRAINAGE AREAS: All creeks and drainage areas at Aviation Department sites will be cleaned and all brush, grass, trees and other plant materials will be maintained at a height of approximately four (4) inches. Chemical treatment will not be allowed in creeks and drainage areas, unless approved in writing by the Contract Administrator or the Superintendent of Plant Maintenance. Drainage areas will need to be trimmed regardless of existing conditions contained within ditch by any equipment necessary to dry so. Standing water will not be considered acceptable justification for riot mowir ig 8.4 COMPLETION OF WORK: The Contractor must complete the work within a minimum 3 continuous days, or less, once the work begins, Work iG to begin on Mondays. Equipment can only be brought to the slle [he day lho contractor starts work and can only be left on site if the crews are coming back the next day. Upon completion of work the equipment must bra removed From site until the next cycle unless written permission is provider by the Contract Administrator. If for any reason the grounds mainteriwice cannot be completed, e.g., due to rain or wet grounds, the Contractor must contact the Contract Administrator. 8.5 SECURITY PROCEDURES: On all Aviation Department properties, all Contractor personnel must have a valid picture ID with photo, or a valid Driver's License with photo, on them person or readily available in their vehicle on site. 8.5.1 Wh6o applicable, ilia Contractor will stop at the entrance to the facility and cheek in with security personnel upon arrival to get clearance to enter the fac0ity. 8.6 HAZARDOUS CONDITIONS - The Contractor is required to notify the Contract Acirnrnistrator irinmedialoy of any hazardous conditions and/or damage to city property. 8.7 HARD SURFACE MEDIANS end caps or traffic islands within or adjacent to the contracted area, which are not specifically identified in these specifications, shall be deurnQd to be a part of the contracted area. 8_S CONCURRENT CONTRACTS - In the event that any one Contractor is awarded contracts for mowing more than one project area, he/she shall proceed with work simultaneously in all areas awarded. 8.9 SUPERVISION OF WORK CREW - Contractor shall provide supervision of all work crews while performing work under this contract. 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 and ability to respond to inquiries about work details or priorities. 8.10 STREET USE PERMIT 8.10.1 The Contractor will be required to obtain a "Street Use Permit" prior to starting work. Contact Chuck McLure at (817) 392-7219, Page 16 of 24 8.10.2 The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Street and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways"' codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. 8.10.3 The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required maintenance, the Contractor shall contact the Transportation and Publii 'Works Department, Signs and Markings Division at phono numbor (817)392- 7738, to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with temporary sign meeting the requirement of the above reference manual and such temporary sign must be installed prior to the removal of the permanent sign. if the temporary sign is not installed correctly or IF it does nai mere tl re required specifications, the permanent sign shall not be left in place until the temporary sign requirements rare rnei When work is completed to the extent that the permanent sign can be re -Installed, the Contractor shall again contact the Signs ar'c Markings Divisidn to re -install the permanent sign and shall leave his teropor,ary sign in place until such re -installation is completed. 9.0 INSPECTION AND ACCEPTANCE 9.1 Contract Administm(ar will be responsible, for making inspections, monitoring the Contractor's actrvilles and ensuring the work is performed in accordance with the Agreement specifications. The Contract Administrator shall record, process and submit all pertlnerst informatlori to the Agreement file for determination of termination of Agreement or for non -renewal. Copies of documents related to inadequate performance will be submitted to the Purchasing Department. 9 1.1 In the event the Contractor fails to perform according to the terms of this Ag"mei)t, the Department head or his/her designee will notify the Contractor, a writing, of its failures. A meeting may be arranged to discuss the Contractor's deficiencies. A written cure notice will be prepared giving the Contractor ten (10) calendar days to cure any def icrency. 9. 1.2 In the event the Contractor continues with unsatisfactory performance, the Contract Administrator will promptly notify the Purchasing Manager or his/her designee who will take appropriate action to cure the performance problem(s), which could include cancellation, termination for convenience or default. 9.1.3 The City reserves the right to terminate this Agreement, or any hart hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Payment to the Contractor will be based on actual quantities of work performed and accepted by the City. Page 17 of 24 9.2 A work order will consist of a written document specifying type of work, contractor name, project area, maintenance cycle, beginning and ending date, and comments. A work order is issued on the beginning date of each mowing cycle. The contractor shall not begin work on the project area until a work order is received. The work order shall be considered complete when all work in the project area has been inspected and approved by the Contract Administrator. Both the Contract Administrator and Contractor indicating agreement with the information shown on the work order including any comments noted by the Contract Administrator will then sign the work order. The completed work order sheets shall be attached to the monthly invoices verifying work performed. It is mandatory that all work orders be signed after completion of each cycle before a new work order may be issued. Failure to obtain a work order prior to beginning a maintenance cycle can result in non-payment for work performed. 9.3 Contractor must notify Airport Operations for access to locked manual gates and of each day's completion for inspection to secure gates on'the prapierly 9.4 Contractor is responsible for providing photographic evidence of all Project Areas completed for each mow cycle. Photographs must be time and'date stamped. 10.0 CONTACT - Contractor shall, e-mail, or fax in each day's completlons that are ready for inspection to the Contract Administrator. This will be acc Qmpiished no loser than the first regular work day after the maintenance is completed. Failure to subrhil completion reports or contact the assigned Contract Administrator on the next regular work day after work is completed on an area can result in ligdldated damages and may lead to termination of the contract. 10.1 MAINTENANCE SCHEDULE AND LIQUIDATED DAMAGES - Failure on the part of the Contractor to maintain the required maintenance schedule or meet contract specifications May result i41 liquidated darrages. Assessment may be as much as two hundred fifty dollars ($250.00) per day in liquidated damages for incomplete work in the project area; tmtit all work is completed (liquidated damages will not exceed the total dollars for the irncornplete project location, per cycle). NOTE: FAILURE TO MEET THE CCONTRACT REQUIREMENTS ON MORE THAN ^NE OCCASION WITHIN THE PRESCRIBED MAINTENANCE SCHEDULE MAY RESULT IN THE TERMINATION OF THE CONTRACT AND DEMAND UPON THE �;ONTRACTOR'S BONDING COMPANY TO COMPLETE THE CONTRACT 11.0 DELIVERIES AND PERFORMANCE NOTE: THE CONTRACT ADMINISTRATOR HAS THE AUTHORITY TO CANCEL SCHEDULED MOWING CYCLES ON A WEEK -TO -WEEK BASIS. THE CANCELLATION WILL BE BASED UPON NEED, PREVAILING WEATHER CONDITIONS AND AVAILABLE FUNDING. THE CONTRACTOR WILL BE NOTIFIED OF ANY CANCELLATIONS. THE CITY RESERVES THE RIGHT TO PERFORM GROUNDS MAINTENANCE OPERATIONS DURING CANCELED CYCLES. THE CONTRACT ADMINISTRATOR MAY CHANGE THE FREQUENCY OF GROUNDS MAINTENANCE CYCLES. CONTRACTORS MAY BE REQUIRED TO RETURN TO MAINTAIN SPECIFIC LOCATIONS DURING CANCELLED CYCLES OR AFTER REGULAR SEASON MOWING HAS ENDED. ANY SUCH CALL BACK WORK SHALL BEGIN WITHIN TWO (2) WORKING DAYS OF THE REQUEST TO PERFORM WORK AND SHALL BE COMPLETED IN A TIMELY MANNER. Page 18 of 24 12.0 ON -CALL MOWING To keep the quality of mowing in the City of Fort Worth at a sufficient level, and to address the failure of mowing contractors to perform adequately, the City will have areas needing complete or spot mowing on an individual or reoccurring basis. In order to provide mowing contractors with additional work, the City will provide selected contractors the opportunity to take on these additional projects. 1. The City may request Contractor to mow on -call mowing areas at pricing equivalent to comparable areas in Contractor's awarded contract or prices submitted by Contractor in the bid solicitation. 2. Contract Manager will approve contractor's submitted price for the job before work begins. 3. Pricing exceeding Contractor's comparable Project Areas or solicitation pricing rnusl be approved by the Contract Manager. 4. Contractor has the right to decline or accept On -Gall Mowing work_ 5. In the event the Contractor accepts the On -Call following 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 exc!USFve 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 an their currently bontracted3mow 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 Monager immediately and decline the On -Call project. ir Page 19 of 24 EXHIBIT B CITY OF FORT WORTH BID SOLICITATION (ITBIRFP NO. �) Page 20 of 24 EXHIBIT C CONTRACTOR'S RESPONSE TO CITY OF FORT WORTH ITB/RFP NO. Page 21 of 24 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 requip&O limes of coverage, nor decrease the limits of said coverage unless such endorsements are appi� .aved by Il1c City. In the event a contract has been bid or executed and the exclusions are deterniIried 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 (if [be pra,miu[n for such ;additional coverage plus 10%. 3. Statutory Workers' Compensation Insurance and EmP}ti W-19 Liability Insurance at the following Iimits: $100,000 Each Accident $500,000 Disease — Policy limit $100,000 Disease —Each Employee This coverage may be written as fnllvmti ,: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Teiigzi Workers' Compensation Act (Art. 8308 —1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits Por 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 I,lijbililyInsuriVLCe including Explosion, Collapse, and Underground Coverage shall be pro-Vided as Follovys: $1,000.000 Each Occ-urrence $2,'b00,000 Annual Aggre-,;ate Cpvc�wgp shall include but not be limited to the following: premises/operations, independent Contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be prk vid6d on an occurrence basis, and as comprehensive as the current Insurance Services Office (1Sfk) 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. 6. The Contractor shall furnish the Purchasing Manager a certificate of insurance documenting the required insurance prior to the commencement of Services. Page 22 of 24 7. At each renewal period, Contractor shall furnish the Purchasing Manager and the Contract Manager, with a current certificate of insurance documenting the required insurance within ten (10) days after accepting the renewal. 8. Policies shall be endorsed to provide the City of Fort Worth a thirty- (30) day notice of cancellation, material change in coverage, or non -renewal of coverage. 9. Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear (ATIMA). 10. ADDITIONAL INSURANCE REQUIREMENTS 10.1 The City, its officers, employees and servants shall be endorsed wz an addi6pnal insured on Contractor's insurance policies excepting eippioyer's 11Fi<rtllity ;riytirance coverage under Contractor's workers' compensation insurance policy. 10.2 Certificates of insurance satisfactory to the City and Worker's nnipen_,{ii ion. Affidavit must be received before Contractor can begin work. Failwe 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. Certilicaieti of insurance must be supplied to: Financial Management Services Departmeni Attention: Purchasing Division H I d N;-�, 19-0139 200 Texas Street Fort Worth, Texas 76102 10.3 Any failure on part of ?he City to request required insurance documentation shall not constitute a waiver of I lie insurance requirements specified herein. Each insurance policy shall be endorsed to provide the City a 'minimum 30 days' notice of cancellation, non - renewal, aldior waterial. dmnge in policy terms or coverage. A ten (10) day notice shall be accepinhic in IN event of non-payment of premium. 10.4 Insurers must be imtharl red to do business in the State of Texas and have a current A.M. Best rating of A� V1I or equivalent measure of financial strength and solvency. 10.5 Deductible iimi�s, pr self -funded retention limits, on each policy must not exceed $10.000.00 per occurrence unless otberwise approved by the City. 10.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may copsildcr alternative coverage or risk treatment measures through insurance pools or risk te.iL-iiI ica 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. Page 23 of 24 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. Page 24 of 24 Attachment L -Sample Purchase Order City of Fort Worth - Aviation Meacham International Airport 201 American Concourse, Suite 330 Fort Worth, Texas 76106 ALL GROUND MAINTENANCE WILL INCLUDE LITTER REMOVAL, MOWING, EDG€NG, TRIMMING AND BLOWING OF ALL CLIPPINGS FROM HARD SURFACES. EXPANSION CRACKS WILL BE TRIMMED. UNIT COST 15 THE COST IS THE COST FOR DOING THE REQUIRED MAINTENANCE ONE TIME. Date: Meacham Airport Grounds Maintenance Work Order Quantity Description Unit Price Line Total Zone 1 Zone 2 Zone 3 Zone4 Zone 5 Zone 6 Zone 7 Zone 8 Zone 9 Zone 1O Zane 11 Zone 12 Zone 13 Zone 14 Zone 15 Zone 16 Zone 17 Zone 18 Zone 19 Zone 20 Aw Zone 21 Zone 22 _ Zone 23 Zone 24 Zone 25 Zone 26 Zone 27 Zone 28 Zone 29 _ Zone 30 Zone 31 _ Zone 32 Zone 33 Zone 34 _ Zone 35 _ Zone 36 Zone 37 Zone Sit Zone3i _ Zone4G Zone 41 Zone 42 Zone 43 Zane 44 Zone 45 Zone 46 Zone 47 Zone 48 Zone 49 Zane 50 Zone 51 Zone 52 (By Request Only) Zane 53 (EA) Shrub Pruning By Request On (EA) Tree Trimming By Request Only) (Linear Foot) Edging By Request Only) Total Cost 1� fl ' EXHIBIT C - CONTRACTOR'S RESPONSE TO escape - CITY OF FORT. WORTH ITB/RFP NO.20-0005 group 8fi50 W State Highway 29 liberty Hilt, Texas 1=17904223 (93.5) 323,6.298 fax -d'= = i Founded in 2006 Abescape Group, LLC, under the ownership and experience of Abraham Herrera, also the Authorized Negotiator, is a privately held company and a minority owned business. Abescape is registered and licensed to do business in the State of Texas with our corporate office is in El Paso, Texas. Having satellite office ; in Georgetown/Austin, San Antonio & Dallas/Ft. Worth, Texas we quick access to any region of Texas at a moment's notice. Abescape has been offering landscape management services for over 13 years; including, but not limited to, weed control and preventative maintenance, herbicidal & fertilizer spraying (post & pre -emergent), and i7 landscape upgrades/recommendations. Being that Abescape has the labor and equipment capabilities, we seek to ;! i continue growing with -more government entities that seek the professional help offered by Abescape. m4 O Landscape Mpnagolent 1� 9 Channel, Ditch/Canal, Pond Mowing 0 G Highway Right -Of -Way Mowing — City/Municipality Government Facilities Grounds Maintenance Services • Commercial Mowing - TXDOT j o City Parks Mowing 4 Landscape & Irrigation Install 7 0 Irrgatior Management & Repair o Backflow Testing Services CURRENT & PAST PERFORMANCE o City of El Paso Parks o Ft. Bliss Military Housing S1A Million 3-year contact, compleled 5 years (RENEWED & CL-RR12" S339,450 contract via Balfour Beatty o White Sands Missile Range yearly $340,000 yearly contract via Balfour Beatty (RENEWFD & CURPJ N" o CityofLakeway $248.700 yearly contrail with 3-year option o City of Leander (2 contracts) $229,962 yearly contract with 3-year option (RENEWED & CURRENT) O Upton County Highway Mowing (TXDOT) $198.000 2-year contract (RENEWED & CURRENT) o Crane CountyHiighway Mowing CM07) $154.744 i-year co{nract(RECENTLY AWARDED) o Taylor County Highway Mowing ('rXDOT) $227,929 ]-year contract (RECENTLY AWARDED) o Tom Green County Highway Mowing (TXDOT) S129, l35 1-yearcontract (RECENTLY AWARDED) o Travis County Highway Mowing (TXDOT) $230,564 1-year contract (RECENTLY AWARDED) o Shackelford County ROW (TXDOT) $93,9I t 1-year contract a Kent County ROW (TXDOT) S102,2111-yearcontract o Borden County ROW (T')CDOT) S145,6692- year coutnct o Village of Vinton Parks Maintenance 341,OD0 3-year contract o City of Pfluger Alle (3 contracts) $89,000 1-year contract With a 2-year option (RENEWED & CURRENT) 1* Abescape Landscaping verifies all employees through the Department of Homeland Security's E-Verify Program assuring that all our employees are of great quality and have maintained a clean and safe background, giving our clients peace of mind and security. Key Personnel: Fernando Cardenas Mats Gallegos Luis Panucl rmcho Madincz Regional Manager Scheduling & Logistics Staffing & human Resources Operations Manager (915)777-0439 (512)790-4223 (512)790-4223 (915)502-9420 fardenas @v4bmWr&om mraileMslr abescaue.com lbanuealoQabescaM.com nmartinezQ8bescamoom AbescapeLark*eoplag, LLC Licensed Irrigator - License Njuaber L110020I34 BacW&W Prerandan Assembly Tester - License Nmnber BP0075438 W b a6escape gToup 711 Bowie St. Arlington, Texas 76012 (817) 662-7022 Branch Office (915) 3Q7-2648 Corporate Headquarters (915} 231-6298 Fax BID NO. 2 0- 00 05 - GROUNDS MAINTENANCE FOR THE AWATION DEPARTMENT CITY OF FORT WORTH 1* www.cibescope.corn aherrero@obescape.com estimating@a bescape corn Due: 11/21 /2019 Work Experience: Abescape currently services multiple contracts in Forth Worth, Pflugerville, Georgetown, Round Rock, Leander, the City ofAustin and various local municipalities in Travis & Williamson County, El Paso, and multiple contracts across Texas via TXDOT. For over three years, Abescape has been established in the Dallas/Ft Worth, Austin and Midland Odessa areas; with over 15year of experience beginning in El Paso, Texas (our headquarters). Having three (3) current contracts with the City of Fort Worth, we are very familiar with the layout of the City, thus making it possible to incorporate our planned schedule with our existing routes. Our current routes have been organized and developed to minimize safety risks (high traffic) and maximize efficient & continuous long runs... allowing our crew(s) the best plan to minimize any down -time. Our crews, under OSHA standards, have been adequately trained to safely work around traffic and to set up traff c warning signs if needed Abescape has more than adequate safety signage and well trained in traffic control as is required by the Texas Department of Transportation (TXD07). &&Yong Plan: Abescape Group has been accepted for twenty-five H2B visa employees, which are currently employed with Abescape. Our physical workforce will not bean issue should any additional schools or properties be added to the contract. We can mobilize additional work crews within 8-12 hours upon notice. Should any large equipment malfunction or breakdown, it can easily be replaced within hours. Plan ofAction: Two crews of 8 employees (I supervisor, I foreman, (10 total)), will complete the Ft. Worth Airpot in I (one) fufl working day. On the day of service, all equipment and employees will mobilize at service area. The John Deere driver/tractor will begin in the larger areas as the zero -turn mowers follow directly behind, cutting the smaller areas inaccessible to the larger mowerlshredder. Behind this unit will be the 31ine trimmers cutting the grasses around any edges, barricades, and/or trees. Any debris left on the streets will be blown back to the grassy areas. E a' ment Utili aticon fog this contract: 4- Zero Turn 60 inch riding mowers 4- Line Trimmers, 1- 5115 John Deere Tractor I - John Deere 15ft Schredder (where needed) I- 15 fl. Rhino TX 1500 firfsh.cutter (where needed) I- Gooseneck Traller 4- Backpack blowers, 2-2018 Ford F-150 Crew Cab Truck I- Landscape trailers utility trailers N Upon Request we can schedule a site visit with the Aviation Department to inspect our equipment. All maior eauipment is new or up tol year old We &gicadly turn those machines over every 5 years. Our small equipment is replaced approximately every 2 years. This is to maximize the use and minimize the down time for any repairs. SORT WORTH® _ � a'GITY OF FORT WORTH BID OFFER CFW01-20-0005 1 Event Round Version 1 2 Event Name ITB Ground Maintenance for Aviation Department Start Time Finish Time 10/23/2019 09:00:00 CDT 11/21/2019 13:30:00 CST Invited: PUBLIC 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 The City of Fort Worth seeks bids to establish an Annual Agreement for Grounds Maintenance for the Aviation Department. This Agreement shall begin on the date stated in the contract ( Effective Date ) and shall expire 3n November 30th, 2021, ( Expiration Date ), unless terminated earlier in accordance with this Agreement Initial Term ). Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same terms and conditions for up to two (2) one-year renewal periods (December 1 to November 30) and for a third renewal period which shall expire on completion of total five year duration. Farms & Conditions A pre -bid conference ang sitelisit will be held at 10:30 AM, Thursday, October 31, 2019, at the Mecham International Airport, Meacham Administration Building 3rd Floor Cor)ference Room, located at 201 American - Concourse, Fort Worth Texas 76106. FAILURE TO ATTEND THE PRE -BID CONFERENCE WILL IMPACT POTENTIAL VENDOR'S ABILITY TO SUBMITA FULLY INFORMED AND COMPETITIVE BID RESPONSE. ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. Bids are solicited for furnishing the supplies, services and equipment as set forth in this solicitation. Completed Bids including one executed original, three copies and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., November 21, 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. 20-0005, ITB - GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed; they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon - which prices are offered, at the price(s) and upon the terms, conditions and scopelspecifications contained in this document. The period for acceptance of this bid will be 90 calendar days after the bid opening date. SECTION NAME - TITLE COVER PAGE BID OFFjER STiEET** - Cover page of Final Bid Document V1 and attached as separate document PART 1 INSTRUCTION'TO BIDDERS - Part 1 of Final Bid Document V1 PART 2 SCOPE OF SERVICESISPECIFICATIONS - Part 2 of Final Bid Document V1 PART 3 CITY OF FORT WORTH STANDARD TERMS AND CONDITIONS - Part 3 of Final Bid Document VI PART 4 ATTACHMENTS ATTACHMENT A CONFLICT OF INTEREST QUESTIONNAIRE - Final Bid Document V1 ATTACHMENT B VENDOR/BIDDER CONTACT INFORMATION FORM - Final Bid Document V1 ATTACHMENT C CONSIDERATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS - Final Bid Document V1 ATTACHMENT D REFERENCE SHEET -Final Bid Document V1 ATTACHMENT E HOW TO REGISTER WITH THE CITY OF FORT WORTH - Final Bid Document V1 ATTACHMENT F LIST OF MACHINERY AND EQUIPMENT- Final Bid Document V1 ATTACHMENT G - COMPANY INFORMATION - Final Bid Document V1 ATTACHMENT H - DETAILED SCOPE OF SERVICES - Final Bid Document V1 ATTACHMENT I - AERIAL MAPS - Final Bid Document VI ATTACHMENT J - NO BID SHEET ATTACHMENT K - SAMPLE SERVICE AGREEMENT *Required to be completed and submitted. See Section 24.0, Part 3 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. TORT WORTH. '44� CITY OF FORT WORTH BID OFFER Event ID Page CFW01-20-0005 2 Event Round Version 1 2 Event Name ITE Ground Maintenance for Aviation Department Start Time Finish Time 10/23/2019 09:00:00 CDT 11/21/2019 13:30:00 CST Invited: PUBLIC 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 hislher 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. Legal Company Name:.ABESCAPE GROUP, LLC Company Address: 711 BOWIE ST City, State, Zip: ARLINGTON, TEXAS 76012 Vendor Registration No._0000042847 Printed Name of Officer orAuthorized Representative: ABRAHAM HERRERA Title:OWNER Signature of Officer or Authorized Representative: Date:11115/2019 Email Address: estimatiM(Matescape.com__ Phone Number. (817) 462-7022 TIN # 81-1124086 1* 01 le y !'0 T WORTH® CITY ®F row wowiq Bit) OFFER � Event ID Page Invited: PUBLIC EVENT DETAILS CFW01-20-0005 3 Event Round Version Submit To: City of Fort Worth 1 2 PURCHASING DIVISION Event Name LOWER LEVEL CITY HALL ITS Ground Maintenange for Aviation Department 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 10/23/2019 09:00:00 CDT 11/21/2019 13:30:00•CST United States Email: FMSPurchasingResponses@fortworthtexas.gov V Line Defiiliis Line: 1 _ Description_ Qty Unit UnitPrice Total r� ounds maintenance on zone 1 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification 9, & 5 f C/, fp pl` ,?O Line: 2 Description: Qty Unit UnitPrice Tote Grounds maintenance on zone 2 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification S( (p 5 78, g Line. 3 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 3 for Meacham Airport mowed, trimmed,edged per attached a Q G S specification • chi Line: 4 Description: Qty Unit UnitPrice Total roun s maintenance on zone 4 for Meacham 44.0 EA Airport mowed, trimmed,edged per attached specification l ti• $ b V (p 3 3 • Line: 5 Description: Qty Unit UnitPrice Total nouns maintenance on zone b tor Meacham Airport mowed, trimmed,edged per attached specification 1to(a. /,5 q 3I/- G6 Line: 6 V P Description: . Qty Unit UnitPrice Total Grounds maintenance on zone 6 for Meacham 44.01J EA Airport mowed, trimmed,edged per attached g3 specification �� • g y Line: 7 Description: Qty Unit UnitPrice TotaR roun s mam enance on zone 7 for Meacham 44,130 EA Airport mowed, trimmed,edged per attached specification / / . �+ S [ 7 S Line: 8 Description: Qty Unit UnitPrlce Total Grounds maintenance on zone 8 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification -S: Sa I I la E3s 9 w itMf WORTH. CITY OF FORT WORTH BID OFFER CFW01-20-0005 Event I Event Name ITS Ground Maintenance for Aviation Department Start Time Finish Time 10/23/2019 09:00:120 C13T 11/21/2019 13:30:00 CST Page invited. PUBLIC EVENT" DETAILS 9 Submit To. City of Fort Worth PURCHASING DIVISION LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses fortworthtexes.gov Line: 9 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 9 or Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 10 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 10 for Meacham Airport mowed, trimmed,edged per attached specification Line. 11 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 11 for Meacham 44.1JU EA — Airport mowed, trimmed,edged per attached specification 6 % 3. ! (p Olo. 80 ' Line: 12 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 12 for Meacham 44.00 EA Airport mowed, trimmed, edged per attached specification / 3, %(� 57(0 Line: 13 Description: Qty Unit UnitPrice Total roun s maintenance on zone 13 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification 3o3. Line: 14 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 14 for Meacham Airport mowed, trimmed, edged per attached specification 7j fir. Line: 15 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 16 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Ids. a s s b y•�9 1 Line: 16 Description: Qty Unit UnitPrice Total roun s maintenance on zone 15 for Meacham Airport mowed, trimmed, edged per attached specification y,I Line: 17 Description: Qty Unit UnitPrice Total firouncls maintenance on zone 11 for Meacham 44.UG— EA Airport mowed, trimmed, edged per attached specificationIt Uf' S� I w r0RT WORTH. CITY OF FORT WORTH BID OFFER CPW01-20-0005 Event Round 1 Event Name t Maintenance for Avian. Start Time Finish Time 10/23/2019 09:00:00 CAT 11/21/2019 13:30:00 CST Page Invited: PUBLIC EVENT DETAILS 5 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:18 P Descri tion: Qty Unit. UnitPrice Total Grounds maintenance on zone 18 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification y, $ 3 0 Q61. C? Line: 19 I� Description- Qty Unit UnitPrice Total roun s mam enance on zone 1 r eac am Airport mowed, trimmed,edged per attached specification Line- 20 Description: Qty Unit UnitPrice Total Wounds maintenance on zone ZU for Meacham 44.1JU EA Airport mowed, trimmed,edged per attached specification is , 90 Line: 21 Description: Qty Unit UnitPrice Total roun s maintenance on zone 21 for Meac am Airport mowed, trimmed,edged per attached specification Line: 22 Description: Qty Unit UnitPrice Total roun s maim enance an zone or eac am 44.UU EA. Airport mowed, trimmed,edged per attached specification 1 4 . gyp 3 03. Line: 23 F . Description: Qty Unit' UnitPrice Total Grounds maintenance on zone or eac am Airport mowed, trimmed,edged per attached specification 3 . a y tG3 g. 3 Line: 24 i Description: Qty Unit UnitPrice Totat roun s maintenance on zone 24 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 25 Description: Qty Unit UnitPrice Total Grounds maintenance on zone or Me—acliarn 44.U0 Airport mowed, trimmed,edged per attached specification Line: 26 Description: Qty Unit UnitPrice Total roun s maintenance on zone ar eac am Airport mowed, trimmed,edged per attached specification 9. Le 911�- w Ne we fORT WORTH. CITY OF FORT WORTH BID OFFER P, CFW01-20-0005 Event Found ITB Ground Maintenance for Aviation Department Start Time Finish Time 10/23/2019 09:00:00 CDT 11/21/2019 13:30:00 CSC' Page Invited: PUBLIC EVENT DE'AiLs 6 Submit To: City of Fort Worth PURCHASING DIVISION LOWER LEVEL CITY HALF 200 TEXAS ST. Fort Worth TX 76102 United States Ismail: FMSPurchasingResponses@fortworthtexas.gov Line: 27 Description: City Unit UnitPrice Total Grounds maintenance on zone 27 or Meacham 44.0 A Airport mowed, trimmed,edged per attached �5'iv specification /P . �7 ( - C 7 Line: 28 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 28 for eac am Airport mowed, trimmed,edged per attached specification If to 3,8, Line: 29 p Description: Qty Unit UnitPrioe Total 0rounds maintenance on zone 49 Tor Meacham 44.00 LA— -' Airport mowed, trimmed,edged per attached specification r 3- Line: 30 Description: Qty Unit UnitPrice Tote Grounds maintenance on zone or Meacham 44-00 EA Airport mowed, trimmed,edged per attached Q specification G ? b3 , �Q Line: 31 Description: City Unit UnitPrice Total Grounds maintenance on zone 31 for Meacham Airport mowed, trmmed,edged per attached specification Line: 32 Description: Qty Unit UnitPrice Total m Grounds maintenance on zone or Meacham Airport mowed, trimmed,edged per attached specification Line: 33 Description: City Unit UnitPrice Total roun s maintenance on zone 33 for Meacham Airport mowed, trimmed, edged per attached specification j [ • ?•a Line: 34 p Description: P Qty Unit UnitPrice Total roun s maintenance on zone 374 tor Meacham 44.UU Airport mowed, trimmed,edged per attached specification I (y7 . a q Line: 35 �c Description: Qty Unit UnitPrice Totan� Grounds maintenance on Zone r Meacham 44.UO EA Airport mowed, trimmed,edged per attached specification C! l! 3 0 3• 110 V v Ne FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page CFW01-20-0005 'l Event Round Version 1 2 Event Name _ ITH Ground Maintenance for Aviation Department start Time Finish Time 10/23/2019 09:00:00 CDT 11/21/2019 13:30:00 CST Invited: PUBLIC 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: 36 Description: Qty Unit UnitPrice Total Grounds maintenance an zone 36 for Meacham Airport mowed, trimmed,edged per attached 44.00 FA o specification 5 0 3 33 .{ Line: 37 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 37 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached jo go 3 specification . Line: 38 Description: Qty Unit UnitPrice Total Grounds main enance on zone 38 for Meacham Airport mowed, trimmed,edged per attached specification Line: 39 Description: city Unit UnitPrice Total ' roun s mam enance on zone 39 for Meacham 44,00 EA Airport mowed, trimmed,edged per attached r n a specification Line: 40 Description: Qty Unit UnitPrice Total roun s maintenance an z e or eac am 44.00 EA Airport mowed, trimmed,edged per attached specification - 6 3D 3• �d Line: 49 Description: Qty Unit UnitPrice Total Airport mowed, trimmed,edged per attached n r, specification ! • �o 7.�P Line: 42 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 42 foe Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification I C, Line: 43 Description: City Unit UnitPrice Total roun s maintenance on zone 43 for eac am 44.1 Airport mowed, trimmed,edged per attached specification -3 !• 1! } f5. 63 Line: 44 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 44 t&-Meacham44.U(J EA Airport mowed, trimmed,edged per attached specification r fv • D 1 / �+� �// 9 Q L—� W FORT WORTH. CITY OF FOR` ' WORTH BID OFFER � CFW01-20-0005 Event Round 1 ITH Ground Maintenance for Aviation rtment startrime Finish Time 10/23/2019 09:00:00 CDT 11/21/2019 13:30:00 CST Invited: PUBLIC 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: 45 1escription: Qty Unit UnitPrice 'Total Group s maintenance on zone 45 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached �7 specification e �v �D 3 q0 Line: 46 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 46 F5r Pleacharri 44.00 EA Airport mowed, trimmed,edged per attached specification Line: 47 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 47 tor Meacham 44.00 LA Airport mowed, trimmed,edged per attached I t'a - $ S -7d ;Y. t6 specification Line: 48 Description: Qty Unit UnitPrice Total Grounds maintenance on zone 48 for Meacham- Airport mowed, t6mmed,edged per attached specification (2 Line: 49 Description: Qty Unit UnitPrice Total roun s maintenance on zone 49 for Meacham Airport mowed, trimmed,etiged per attached specification loa . b �" Y Line: 50 Description: oty Unit UnitPrice Total rourids maintenance on zone 50 tar Meacham 44.00 EA Airport mowed, trimmed,edged p%r attached specification 7 r3 Q9 a I� !lp y b Line: 51 Description: Qty Unit UnitPrice Total roun s maintenance on zone 51 tor Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification _ �� Line: 52 Description: Qty Unit UnitPrice Total Zone U Herbicide sprayed, per attached specification (by request only) 7 Line: 53 Description: Qty Unit UnitPrice Total 6hrub pruning toy request only) ,-r6 . R 9 0 I rop Wbk i . y GIVE OF FORS' WORTH wu orrui Event ID Page Invited: PUBLIC EVENT DEVILS CF'Wp1-20-0005 9 vent Round 2 �rsian Submit To: City of Fort Worth PURCHASING DIVISION Event Name LOWER LEVEL CITY HALT, ITS Ground Maintenance for Aviation Department 200 TEXAS ST. Start Time Finish Time Fort Worth TX 76102 10/23/2019 09:00.00 CDT 11/21/2019 13.30:00 CST United States Email: FMSPurchasingResponses'&fortworthtexas.gov Line: 54 Description: Q Unit UnitPrice Total Grounds maintenance on zone 53 for Meacham 44.00 EA Airport mowed, trimmed,edged per attached specification 1,/(p . S �J Line: 55 Descri lion: Qty Unit UnitPrice Total Tree Trimming (by request only} 44.00 A � Line: 56 Description: Qw Unit UnitPrice Total Edging (by request oniy) — 44.00 EA ®Acf✓uC��Q� --n,ciUaec� Total Bid Amount: /r�T OOo • o 1* 41 \tea \� � Mom Jr -ki Noi W. la" 60 1 =ww Wk .9000 r4E= AMOWAR ".1, Awa 0 wiwwo LL Was A ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 30 of 103 1* ATTACHMENT -B CONTRACTORS'S CONTACT INFORMATION Contractor's blame: ABESCAPE GROUP,LLC Contractors's Local 711 Bowie St.,. Arlington, Texas 76012 Address: Phone: (817) 562-7022 _ Fax: (915) 231-6298 Email estimatingnnabesc4pe.com Name of person assigned specifically for this Agreement: Name/Title Abraham Herrera - Owner Phone: 915 253-9702 Fax: 915 231-6298 Email: aherrera abesca e.com Name of persons for renewal information and/or billingquestions: It Name)Title Dora. Reyes Phone: 915 307-2648 ext 101 Fax: Email: acr abesca e.com Name/Title Phone: Fax: __d_Abraham Herrera 11/15/2019 Signature Printed Name Date R � 0 ITB 20.0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 31 of 103 r r ATTACHMENT -C CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 Tbefort 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 considerelby the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas. a. Do you have a Fort Worth office? Ifyes, identifyaddress: I I I BOWIE ST, ARLINGTON, TX 76012 b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed50%] OUR LURRENT CONTRACTS IN FORT WORTH GENERATE ABOUT 40%OF ABESCAPE GROUP-S SALES 2. Economic Development opportunities resulting fromcontract. a. Number of Fort Worthresident-employees? 1* 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)? ABESCAPE ONLY PAYS SALES TAXES IN FORT WORTH 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. ABESCAPE GROUP, LLC 11/15/2019 h ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 31 of 103 ATTACHMENT -D REFERENCE SHEET Please complete and return this form with your bid.. The bidder shall furnish references for at least three (3) recent customers to whom products and/or services have been provided that are similar to those required by this solicitation. The City will be the sole judge of references. Please use additional sheets. 1. Company's Name TEXAS DEPARTMENT OF TRANSPORTATION (9 CURRENT OR COMPLETED) Name of Contact DAVID ALVAREZ Title of Cpntadt TXDOT SUPERINTENDENT Present Address 3901 W HWY 80 City, State, Zip Code ODESSA, TEXAS 79761 Telephone Number (432 ) 498-4640 Fax Number ( } Email david.a1varez0txdot.9ov 2. Company's Name CITY OF PFLUGERVILLE, TX (3 CONTRACTS) Name of Contact RvL D SHAMAA Title of Contact Building Maintenance Supervisor Present•Address 15500 Sun Light Near Way, #B City, State, Zip Code Pflugervilie, TX 78660 Telephone Number (512 ) 990-6133 Fax Number { ) Email imacls@pflugervilletx.gov r 3. Company's Name CITY OF FORTH WORTH TEXAS (3 CONTRACTS) Name of Contact DEBORAH BRANCH Title of Contact FIELD OPERATIONS SUPERINTENDENT Present Address 818 MISSOURI AVE - City, State, Zip Code FT. WORTH, TX 76104 Telephone Number (817 ) 692-4849 Fax Number ( } Email Deborah.branch@foriworthtexas.gov ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 33 of 103 ATTACHMENT - .E HOW TO REGISTER WITH THE CITY OF FORT WORTH There are two ways that any business can bid on an event with the City of Fort Worth: 1. Access h ://fortworthtexas. ov/ urchasin and view listed Bids & Requests without registering 2. Registering to become a Bidder To reizister as a Bidder please follow the below stegs: Step I —Access http.-Hfortwortbtexas.ggy/purchasing/ Step 2 — On the right side under PeopleSoft Supplier Portal — Select Log hi Step 3 -- Select "Register as a Bidder" Step 4 — Under Select Activity Below — select Business Step 5 — Under Unique ID & Company Profile - Enter the following: 0 TIN Number O Entity Name o . Any Additional Names (DBA's) Q Website URL Step 6 — Under Profile Questions — Complete the following questions by using the calendar and magnifying glass accordingly for each question. Step 7 — Under Standard Industry Codes — Select the following- * SIC Code Type — Use dropdown and select UNSPSC O Category Code -- Select magnifying glass o Lookup Category Code —Under SIC Code Type —Description change `Begins With" to "Contains" *_TIP: The search is recommended to use the "contains field", in order to search all category codes associated with ourybusiness. * Step 8 — Under Primary Address — Complete the following,: a) Country b) Address Lines c) City d) County e) Postal State g) Email ID ( Email Address) Step 9 — Under Other Addresses — Check the correspondent that correspond to your business Step 10 — Under Company Contacts — Select the Add Contact, Determiner if Primary Contact — Enter the following: a) First Name b) Last Name c) Title — Current Job Title d) Email ID — Email Address e) Telephone f) Fax g) Contact Type Step 11 - Under User Profile Information — Enter the following a) Requested User ID — Create a Usemame b) Enter Description -- Current Job Title c) Language Code d) Time Zone e) Currency Code Step 12 — Review email address - Under Terms and Conditions -- Select the Terms and Agreement Hyperlink -Select the box to accept the Terns. Step 13 — Click Submit ITS 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 33 of 103 THELISTED ITEMS OF MACHINERY AND EQUIPMENT ARE REPRESENTED AS PART OF THIS BID AND ARE AVAILABLE FOR USE IN PERFORMANCE OF THIS BID. "BEING AVAILABLE" SH LONG TERM LEASE OF AT LEAST ONE YEAR, OF THE CONTRACTOR SUBMITTING THISBID. UNITS _ _ _ TYPES OF EQUIPMENT ATTACHED LIST OF EQUIPMENT „ ATTACH ADDITIONAL SHEETS AS NEEDED ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 33 of 103 ATTACHMENT G— COMPANY INFORMATION Company's Nana i ABESC APE GROUP, LLC R Company's CorporateAddress: 12300 GATEWAY BLVD E EL PASO TEXAS 79927 Company's Local Office Address: 711 BOWIE ST ARLINGTON TX 76012 Phone: 817-562-7022 E-mail: estitnating@abesMe.com e.com Monitored 2417 Emergency Contact Phone Nwnber: Normal hours of operation:6am-8pm � —Weekdays Sat 10am-4Rm Weekends Name of Designated Manager for this Agreement: FERNANDO CARDENAS Manager's contact information (phoneand email):_(915) 777-0439, fcardenas@abescape.com , Manager's dates of employment with company 05/2011 to present Manager's years ofgroundsmaintenance: 12 YEARS Manager's years of supervisoryexperience with company: b YEARS e Nwnber ofAar's company has provided established mowingservices 14 YEARS Number oferews 5 CREWS TOTAL Number of persons percrew 5-6 EMPLOYEES/CREW Number of skilled labor 12 Number of non -skilled labor 15-18 Are you able to mobilize additional crewsas needed X Yes No Explain (use more paper ifneeded) : Being that we have over 25 H2B work visa ein to ees and o erations in Austin Midland/Odessa, Taylor, and El Paso, mobilizing additional crew will only require a 12-24 hour window. Print Name ABRAH HERRERA Signature Date 11/1.512019 ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 33 of 103 ATTACHMENT H DETAILED SCOPE OF SERVICES/SPECIFICATIONS SCOPE - The successful bidder, hereinafter "Contractor" shall provide all necessary labor, material, and equipment to provide grounds maintenance for the City of Fort Worth, (City) for an annual agreement, and subsequent renewal periods in strict accordance with the terms, conditions, and provisions of this solicitation. Only Bidders that submit prices for all line items on the Bid Solicitation sheet will be considered foraward. Meacham International Airport is made up of 40.52 Acres. Once a week mowing from March to October and any additional months are as needed. Weekly mowing cycle is to be initiated on Mondays unless requested otherwise by the City or conditions are not suitable for mowing activities. Conditions not suitable for mowing are to be determined by the City. SITE VISIT - See ITB cover sheet for details on the pre -bid conference and site visit. Bidders are responsible for familiarizing themselves with the work to be performed and should inspect ALL locations prior to. submitting bids in order to be fully aware of the scope of the services required. Failure to do so will not relieve the successful bidder(s) from performing in accordance with the strict intent and meaning ofthe. specifieationsat the awarded bid price. There will be no additional cost to the City of F'ortWorth. FAILURE TO ATTEND THE SITE VISIT MAY IMPACT A BIDDER'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE, ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. EQUIPMENT Contractor shall have available all equipment and material upon arrival at job site or prove that Contractor has access to all equipment necessaryto perform all work outlined in tluscontract. Bidders shall provide a list of machinery and equipment that they propose to use inthe execution of the Agreement. See attachment F - List of Machinery andEquipment. Bidder should be able to demonstrate adequate back-up equipment or plan to allowfor breakdowns. Insufficient and/or inadequate equipment as detennined by the City of Fort Worth Aviation Department is cause for rejection of a bid. City reserves the right to thoroughly inspect and Investigate the establishment, facilities, business reputation, and other qualification of any bidder and reject any bid, irrespective of price, if it shall be determined lacking in any of the essentials necessary to assure acceptable'standards of performance. All equipment shall be in good repair and operated by a responsible employee. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 33 of 103 4.o OMIT SCOPE OF WORK The work covered by these specifications consists of specific grounds maintenance services at Meacham Airport, within each project area as required by established maintenance schedule. Contractor shall be responsible for removing all trash and litter, mowing all areas; edging, trimming all turf along pavement, including expansion cracks extending two feet onto the pavement, curbs and around or on signs, posts, guard rails, sidewalks, other obstacles and keeping shrub and tower beds weed free, clearing vegetation from in and under all fence lines, and removing all grass clippings from hard surfaces. Litter/trash includes, but is not limited to plastic, cans, tires, bottles, cardboard, rags, limbs and branches, rocks, and other similar solid materials and foreign debris which are not intended to be present as part of the landscape. Contractor will apply herbicide to cracks and expansion joints to curtail weed growth in solid surface areas upon department request. DEFINITIONS GROUNDS MAINTENANCE PROJECT AREA shall refer to specific geographic area(s) of Meacham Airport designated to receive specified grounds maintenance services. MAINTENANCE SCHEDULE shall mean the time periods established by the City for the mowing season within which all prescribed maintenance activities for each areashall be completed. CONTRACTOR SHALL BEGIN THE WEEKLY MOWING CYCLE ON MONDAYS. THE CONTRACTOR WILL MAINTAIN THIS SCHEDULE THROUGHOUT THE MOWING SEASON. THE SECONDMOWING CYCLE WORK ORDER WILL NOT BE ISSUED UNTIL THE WRITTEN SCHEDULE IS RECEIVED. IF CONTRACTOR EXPECTS TO VARY FROM THE SCHEDULE, THE CONTRACTOR SHALL NOTIFY THE CONTRACT ADMINISTRATOR OF THE VARIATION IN ADVANCE AND SPECIFY AN ALTERNATE COMPLETION SCHEDULE. NOTE: CONTRACTOR WILL BE PAID ONLY FOR WORK ACTUALLY ACCOMPLISHED DURING THE ESTABLISHED MOWING CYCLE, UNLESS DUE TO WEATHER OR OTHER VALID REASON THE CONTRACT ADMINISTRATOR HAS GRANTED AN EXTENSION TO THE SCHEDULE MOWING CYCLE. ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 33 of 103 CONCURRENT shall refer to all mowing, trimming, and litter removal on any given item being completed on the same day. Should a given area be too largeto complete in a single day, any areas that have been mowed must be trimmed, and litter removed on the sane day the mowing occurs. CONTRACT ADMINISTRATOR shall mean the duly authorized representative of the Aviation Department who shall monitor the contractor's performance within the regions he/she is assigned. INCLEMENT WEATHER shall mean rainy/wet weather or when the conditionof the soil is such that the rutting of property will occur and cutting of grass cannot be accomplished safety or satisfactorily that is in a manner that will not rut up or cause any damage to the turf. OZONE ACTION DAYS shall refer to the period from May 1 st 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 informationboards. 6.6.1 Contractors are not to use any motorized equipment betweenthe hours of 6 a.m. and 10 a.m. on tHese 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. TRASH AND LITTER shall mean any debris within the grounds maintenance project area including, but not limited to .furniture, appliances, tires,construction mate►ial, paper, plastic, cans, bottles (including broken glass), cardboard, rags, limbs and branches, rocks, and other similar solid materials and foreign debris which is not intended to be present as part of the Iandscape. TRIMMING shall refer to the cutting or removal of all plant life adjacent to or within any fence line, pole, guy wire, sign, guard rail, sidewalk, curb, and ditch. Ditches will need to be trimmed regardless of existing conditions contained within ditchby any equipment necessary to do so. CHEMICAL TRIMMING shall refer to 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 triin►med. HERBICIDE APPLICATION MUST BE IN COMPLIANCE WITH THE STATE OF TEXAS STRUCTURAL PEST CONTROL BOARD LAWS AND REGULATIONS OR T14E TEXAS DEPARTMENT OF AGRICULTURE LAWS AND REGULATIONS. THE CONTRACTOR OR HIS/HER REPRESENTATIVE MUST HAVE A COPY OF THEIR PESTICIDE LICENSE ON FILE WITH THE AVIATION DEPARTMENT PRIOR TO THE USE OF ANY HERBICIDE. NOTE: CHEMICAL TRIMMING WILL NOT BE ACCEPTABLE ALTERNATIVE TO THE .PHYSICAL REMOVAL OR CUTTING OF PLANT MATERIAL FROM AREAS TO BE TRIMMED. EDGING will be around all hard surfaces i.e. parking lots, andwalkways_ MOWING HEIGHT shall refer to the setting of mowing equipment to cut grass to a height of two (2) inches for all project areas. The Contract Administrator may make changes in the height ITB 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 33 of 103 requirements. Repeated damage to turf may result in contract termination. LITTER REMOVAL, MOWING, ANDTRIMMING Contractor shall remove ALL litter, mow, edge and trim all assigned turf areas on every cycle. CONTRACTOR SHALL REMOVE ALL TRASH AND LITTER FROM THE ENTIRE AREA PRIOR TO INITIATING ANY MOWING OF THE TURF AREA. Failure to remove litter prior to mowing will result in the Contractor being required to return to site and remove all new litter as well as all snowed litter. Any papers, cans, or bottles cut or broken during maintenance operations shall be completely removed from the site 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 soleexpense. Contractor shall use reasonable care to avoid damaging buildings, equipment and vegetation on City and private property. Mowers must be equipped with chute deflectors or guards to prevent rocks and debris from damaging public and private property. This includes, but is not limited to irrigation heads, fences, mailboxes, etc. The Contractor must assess the area to be mowed prior to starting and make necessary adjustments not to cut or damage irrigation heads. If the Contractor's failure to use reasonable care causes damage to anyproperty, the Contractor shall replace or repair the damage 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 the contractprice. Contractor shall maintain sharp blades on all mowing equipment so as to cleanly cut, not tear, the blades of grass. All grass shall be cut at a height of two (2) inches. Upon completion, a mowed area shall be free of clwnped grass cuttings and tire tracks and ruts from equipment. Turf shall be cut in a manner so as not to scalp turf or leave areas of uncut grass. Care shall be taken to prevent discharge of grass clippings onto any paved surface such as streets, curbs and gutters, parking lots, sidewalks, concrete pads, creeks, lakes or ponds and/or onto adjacent properties. Any material so discharged shall be removed prior to leaving the project area. The Contractor shall dispose of all trash and litter at an off -site location procured by the Contractor at her/his sole cost andexpense. All structures, trees, poles, tables, signs, fences, and shrub beds are to be trimmed closely, where applicable. Special care shall be given to trimming around trees so as not to inflict damage to the bark of the trees. Trim guards should be used on line trimmers when working around trees and ornamental shrubs. All trimming shall be accomplished maintaining the required 2"cutting height depending on project areaand cycle frequency. ALL TRIMMINGMUST BE ACCOMPLISHED CONCURRENTLY WITH MOWING OPERATIONS. All vegetation in cracks, seams, and joints of paved areas such as sidewalks, 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. The use of herbicides to control such growth may be permitted with the prior written approval of the Contract Administrator and in accordance with all applicable State laws and regulations. WEEDING: All planting beds, hedgerows, fence lines, parking lots, andgravel areas shall be maintained'weed and grass free. Chemical weedingusing 1TB 20-0005 GROUNDS MA[NTENANGE FOR AVIATION DEPARTMENT 33 of 103 Roundup or an approved substitute is acceptable, but must be closely coordinated with the Contract Administrator prior to application. Use of herbicides at the base of trees and fence lines is not allowed, use of herbicides under the drip- lines of trees is discouraged from June to August. Use of guards on line trimmers is recommended, as Contractor is responsible for replacement of any trees that are extensively damaged. FENCE LINES: All weeds and grass in fence lines shall be removed at the beginning of the season and fence lines will be kept weed and grass free throughout the season. Interior fence lines will be kept weed and grass free atall times. Exterior fence lines will be kept weed and grass free for at least 12 inches outside the fence.line. When an Aviation Department perimeter fence is adjacent to private property, all weeds, grass and brush will be kept trimmed back to the fence line and the fence line may be cleared, when accessible for a distance of 12 inches on the outside of the fence line. The Contractor will remove all weeds, grass, tree limbs or other vegetation growing through the fence. The base of the fence line may not be treated chemically, using Roundup substitute, and all tree and shrub limbs, sprouts or branches will be cut back flush with the fence line. Chemical edging will not be used. REMOVAL OF GRASS CLIPPINGS. Removal of cut grass from turf areas will not be required, unless otherwise specified by Contract Administrator. Cut grass and debris that falls or is thrown by equipment upon the pavement, streets, curb and gutters, sidewalks, driveways or adjacent properties through the action ofthe work crew, shall be removed prior to leaving the projectarea. The Contractor shall preserve and protect public utilities at all times during maintenance. Any damage to utilities resulting from the Contractor's workshall be restored at the contractor's expense. EDGING of sidewalks, driveways and curbs, where applicable, shall be accomplished so that grass and weeds do not extend over the edge of the walks, trails, drives, or curbs more than %a inch, nor will they be cut back from the edge of walks, trails, drives orcurbs more than ''/a inch. All concrete sidewalks, trails, curbs, walking paths and steps must be mechanically edged exposing concrete surface. The Contractor may use a disc edger on a mower or similar device to edge medians so long as the produced edge meets the standard set forth above. All material dislodged by edging shall be removed from the site or blown back onto grass areas so as to leave a clean appearance. Concrete sidewalks shall be edged on both sides. TREES AND SHRUBS - NO PRUNING OF ANY TREE SHALL BE PERMITTED, UNLESS SPECIFIED OTHERWISE IN THESE SPECIFICATIONS OR REQUESTED BY THE CITY. Trash and litter shall be removed from ornamental flower and planting beds during each mowing cycle. Mulch rings shall be reshaped prior to leaving project site when dislodged by mowing equipment. Severe damage to trees will result in replacement or compensation of trees by the Contractor. Failure to replace damaged trees shall be considered a breach of contract and Contractor shall be assessed for damages. Slight or moderate damages to trees will result in assessment ofdamages. ASSESSMENT OF DAMAGES TO TREES DURING GROUNDS MAINTENANCE OPERATIONS: ITI3 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 33 of 103 The Contractor will check tomes in the contract area before contractwork begins, any damage will be noted and reported to the Contract Administrator. The Contract Administrator will conduct random checks of thetrees during the contract period. A check of all trees may be made at the end of the contract period. Contract Administrator and Contractor will attend theinspection. Damages shall be documented by memo with copy to contract fileand the Contractor. Contractor may have the option of replacement or payment for severely damaged tress at a location to be designated by the Aviation Department. Replacement shall be made on caliper inch per caliper inch basis with a minimum size of replacement tree of 2" in caliper. The Contractor shall be responsible for the planting, watering, mulching and maintenance 'of replacement trees for a period of not less than 2 years. Any tree that does not survive the 2 year established period shall be compensated for by the Contractor to the Aviation Department at a rate of $200.00 per caliper. Damages shall be assessed at a rate of $100.00 for each instance of slight damage to tree(s); this is damage that may heal; Examples include but are not limited to scaling of the trunk into the cambial layer'/z" to 2" in width but less than 1/3 trunk circumference or breaking of limbs lessthan 2" in diameter or limbs less than 1/3 trunk caliper whichever isless; $300.00 for each instance of moderate damage to tree(s) which in the opinion of the City Forester contribute to the poor health and reduced longevity of the tree examples would include but are not limited to scaling of the trunk into the cambial layer greater than 2" but less than 1/3 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 penalty of $200.00 per diameter inch of trees removed or damaged for trees less that 30" $400.00 per diameter inch of trees greater than 30". Severe damage or removal shall include but is not Limited to scaring of the trunk to the cambial layer greater than 113 the trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch greater than 1/3 of trunk caliper. Branches shall be measured at thepoint of attachment or at the lateral to which the branch would be pruned back to according to 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 Aviation 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'sexpense. Failure to replace or pay for damaged trees shall result in a breachof contract and the Contractor will be automatically assessed damages. Damages as described herein shall be deducted from payments otherwise due to the Contractor. r [TB 20-0006 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 33 of 103 STORM DAMAGE: IN THE EVENT OF STORM DAMAGE PRUNING WILL BE NECESSARY TO REMOVE DAMAGED AND BROKEN LIMBS. ANY TREES BLOWN OVER OR DOWNED DURING A STORM (UP TO 4 CALIPER INCHES 1N DIAMETER) WILL BE REMOVED. All plant material (up to 4 caliper inches in diameter) resulting from trimming and pruning, normal deadfall, or storm/wind damage shall be removed from Aviation Department property and properly disposed of by the Contractor each time the Contractor performs maintenance at the site. CREEKS AND DRAINAGE AREAS: All creeks and drainage areas at Aviation Department sites will be cleaned and all brush, grass, trees and other plant materials will be maintained at a height of approximately four (4) inches. Chemical treatment will not be allowed in creeks and drainage areas, unless approved in writing by the Contract Administrator or the Superintendent of Plant Maintenance. Drainage areas will need to be trimmed regardless of existing conditions contained within ditch by any equipment necessary to do so. Standing water will not be considered acceptable justification for not mowing. COMPLETION OF WORK: The Contractor must complete the work within a minimum 3 continuous days, or less, once the work begins. Work is to begin on Mondays. Equipment can only be brought to the site the day the contractor starts work and can only be left on site if the crews are coming back the next day. Upon completion of work the equipment must be removed from site until the next cycle unless written permission is provided by the Contract Administrator. If for any reason the grounds maintenance cannot be completed, e.g., due to rain or wet grounds, the Contractor must contact the Contract Administrator. SECURITY PROCEDURES: On all Aviation Department properties, all Contractor personnel must have a valid picture ID with photo, or a valid Driver's License with photo, on their person or readily available in their vehicle on site. When applicable, the Contractor will stop at the entrance to the facility and check in with security personnel upon arrival to get clearance to enter the facility. HAZARDOUS CONDITIONS - The Contractor is required to notify the Contract Administrator immediately of any hazardous conditions and/or damage to city property. HARD SURFACE MEDIANS end caps or traffic islands within or adjacent to the contracted area, which are not specifically identified in these specifications, shall be deemed to be a part of the contracted area. CONCURRENT CONTRACTS - In the event that any one Contractor is awarded contracts for mowing more than one project area, he/she shall proceed with work simultaneously in all areas awarded. SUPERVISION OF WORK CREW - Contractor shall provide supervision of all work crews while performing work under this contract. 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 and ability to icspond to inquiries about work details orpriorities. STREET USE PERMIT The Contractor will be required to obtain a "Street Use Parmit" priorto starting work. Contact Chuck McLure at (817)392-7219. ITS 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 33 of 103 The Contractor shall be responsible for providing traffic control duringthe construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Street and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways"' codified as Article 6701 d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is detennined that a sign must be removed to permit required maintenance, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division at phone number (8.17)392- 7738, to remove the sign. In the case of regulatory signs, the Contractor must replace the pennanent sign with temporary sign meeting the requirement of the above reference manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall not be left in place until the temporary sign requirements are met. When work is completed to the extent that the permanent sign can be re -installed, the Contractor shall again contact the Signs and Markings Division to re -install thepermanent sign and shall [cave his temporary sign in place until such re -installation is completed. INSPECTION AND ACCEPTANCE Contract Administrator will be responsible for making inspections, monitoring the Contractor's activities and ensuring the work is performed in accordance withthe Agreement specifications. The Contract Administrator shall record, process and submit all pertinent information to the Agreement file for determination of termination of Agreement or for non -renewal. Copies of documents related to inadequateperformance will be submitted to the PurchasingDepamnent. In the event the Contractor fails to perform according to the terms of this Agreement, the Department head or his/her designee will notify the Contractor, in writing, of its failures. A meeting may be arranged to discuss the Contractor's deficiencies. A written cure notice will be prepared giving the Contractor ten (10) calendar days to cure any deficiency. In the event the Contractor continues with unsatisfactory performance, the Contract Administrator will promptly notify the PurchasingManager or his/her designee who will take appropriate action to cure the performance problern(s), which could include cancellation, termination for convenience or default. The City reserves the right to terminate this Agreement, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Payment to the Contractor will be based on actualquantities of work performed and accepted by the City_ 1T8 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 33 of 103 A work order wil I consist of a written document specifying type of work, contractor name, project area, maintenance cycle, beginning and ending date, and comments. A work order is issued on the beginning date of each mowing cycle. The contractor shall not begin work on the project area until a work order is received. The work order shall be considered complete when all work in the project area has been inspected and approved by the Contract Administrator. Both the Contract Administrator and Contractor indicating agreement with the information shown on the work order including any comments noted by the Contract Administrator will then sign the work order. The completed work order sheets shall be attached to the monthly invoices verifying work performed_ It is mandatory that all work orders be signed after completion of each cycle before a new work order may be issued. Failure to obtain a work order prior to beginning a maintenance cycle can result in non-payment for work performed. Contractor must notify Airport Operations for access to locked manual gatesand of each day's completion for inspection to secure gates on theproperty. Contractor is responsible for providing photographic evidence of all Project Areas completed for each mow cycle. Photographs must be time and date stamped. 10 CONTACT - Contractor shall, e-mail, or fax in each day's completions that are ready for inspection to the Contract Administrator. This will be, accomplished no later than the first regular work day after the maintenance is completed. Failure to submit completion reports or contact the assigned Contract Administrator on the next regular work day after work is completed on an area can result in liquidated damages and may lead to termination of the contract. 11.0 DELIVERIES ANDPF.RFORMANCE NOTE: THE CONTRACT ADMINISTRATOR HAS THE AUTHORITY TO CANCEL SCHEDULED MOWING CYCLES ON A WEEK -TO -WEEK BASIS. THE CANCELLATION WILL BE BASED UPON NEED, PREVAILING WEATHER CONDITIONS AND AVAILABLE FUNDING. THE CONTRACTOR WILL BE NOTIFIED OF ANY CANCELLATIONS. THE CITY RESERVES THE RIGHT TO PERFORM GROUNDS MAINTENANCE OPERATIONS DURING CANCELED CYCLES. THE CONTRACT ADMINISTRATOR MAY CHANGE THE :FREQUENCY OF GROUNDS MAINTENANCE3 CYCLES. CONTRACTORS MAY BE REQUIRED TO RETURN TO MAINTAIN SPECIFIC r LOCATIONS DURING CANCELLED CYCLES OR AFTER REGULAR SEASON MOWING HAS ENDED. ANY SUCH CALL BACK WORK SHALL BEGIN WITHIN TWO (2) WORKING DAYS OF THE REQUEST TO PERFORM WORK AND SHALL BE COMPLETED IN A TIMELY MANNER. ITI3 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 33 of 103 12.0 ON CALLMOWING 12. I To keep the quality of mowing in the City of Fort Worth at a sufficient level, and to address the failure of snowing contractors to perform adequately, the City will have areas needing complete or spot mowing on an individual or reoccurring basis. In order to provide snowing contractors with additional work, the City witl provide selected contractors the opportunity to take on these additional projects. 12.2 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. I2.3 Contract Manager will approve contractor's submitted price for the job before workbegins. 12A Pricing exceeding Contractor's comparable Project Areas or solicitation pricing must be approved by the Contract Manager, 12.5 Contractor has the right to decline or accept On -Call Mowing work. 12.6 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 nuinber of times performance is required and the agreed upon price. 12.7 No one contractor is granted exclusive rights to On -Call Mowing projects or have .first rightsof refusal in the event service is requested again. 12.8 Contractors cannot fail to perform on their currently contracted mow Cycle in order to perform On- Call Mowing projects. 12.9 Should a scheduling conflict arise between the On -Cali project and a previously contracted mow area, contractor inust notify Contract Manager immediately and decline the On -Call project. ETE 20-0005 GROUNDS MAINTENANCE FOR AVIATION DEPARTMENT 33 of 103 Abescape*quipment page S Abescape Equipment page 2 G401 q T6a1Li=R? #15 4R893PT346]88 024041E $8,14652 lit�y 3, 201 T G002 TRPJlJ?#t 2Qi5 R3BL11820F7145137 2033221 . Bt�}CK LA1S4PE :, 54,516 33 November13�-2015 &h keK 4i+1)SCMPr ; 0003' TRAi1Et 2Q464R7Bi1X625GT15d951304519J3,81396- FEbTry14;24z6' 81fCR(3UF - G004 w TRELiiR 2D16ETiJ52GTIS3952 304520J 53,&1396 F_eliruarySQ20]6 BICiC citiP.:. G005 7R�i 2Q1 4fiiBUi4ZXE71�k293�F 880205H 5242338 . lanuary6 20�5 AUSL7 hikAii T RI FK L T3SCI4FIE`:: G0Q6 GOLFSl1IVECICTRA#LER 2(1i3 5JZC,S32214EOS2350 469906H $7,500 Q0 March 21; 2Q34 BE�kCK ABRAH�1i+I� G047 ' 3RAI E& NCO -SE 2015 !I6gE114FFOii►644 959099J $3,75150' Januar�r 5, 2015 1NH}TE LAPJDSEAPE G008 0009 GOOSB NfClcl RT..ER TR 4i1 ER 2Q17 4PSi D3625J1274496 2Q16 4R78UZ029Cz l ]549&9 $12 050 25 May 25 2€i13 5A 1 ANTDNIU BLAC G�tOUJ' . $4 518.97 May x9f117 fiR11 GROUP G010 ' L4NGITOR FRAILER 2415 SJ2G53225JE419919 04fi 626K :.._ . $7,9$8 12 24, 2418 DPW BLACK Gi20�3P_: GQ1T.. GOOSEflfEC[C .._ _... � 201&5,.12G53222JEQ19920 $7 9$8 ].2:, .:,:. „April April 2�, 2018 .,.. ._ BI.AClC ---CsROF1P Y 1* a e S ca F) 1Z group 119 Waldo St. San Antonio, Texas 78209 (915) 307-2648 office (915) 231-6298 fax (915) 253-9702 cell abrahom Ci (Leander Texas City Buildings Landscape Maintenance & Right of wax Mowing Pat Womack — Public Works Director 607 Municipal Dr. Leander, Texas 78641 (512) 259-2640 —office (512) 762-7824 —cell wmack leandertx. ov City of EI Paso Texas Parks Mowin City Parks mowing &,grounds maintenance Steve Lunsford - Iunsfordas@elpasotgxas.aav General Land Management Superintendent (915) 621-6791 office (915) 472-2819 cell Village of Vinton Texas City Parks Mowing & Grounds Maintenance Jessica Garza — City AadsnMistration Manger jcLarza(&YIntontx.us Perfecto Valdez — Supervisor (915) 886-5104 - office (915) 593-7220 cell Pt. Bliss Army Base c o Belfour Bean -1 Paso Texas Milit Housing Mowing & Grounds Maintenance Jeremy Holliday — Communities Supervisor Email: jholliday@bbc r .com (915) 564-0795 Office (915) 564-1853 Fax (915) 726-0109 Cell Pride General Contractors Concrete flatwork foribe.City of El Paso & Texas Tech college Ramon Salgado -Owner Rsalgodo@pridegc.com 5959 Gateway west ste El Paso TX 79925 (915) 433-4631 cell o (915) 771-9601 office• www.a bescape,com aherrero@obesec3pe.com estimating@o bescape.com City of Lakevvav, Texas City buildin s& pgrks landscape maintenance&landsca e Installations Andra Bennett -Director of Parks & Recreation 105 Cross Creek Lakeway, Tx 78734 (512) 314-7534- Office andrabennett@lokeway-tx.gov Ard-ent Quest Apartment Irrigation& Landscaping installation & maintenance Moss & Associates Contracting Russell McSpedden — Sr. Project Manager rmcspedden 0 mossema)1_com (915) 298-0442 office (915) 539-6415 cell ui'ette Roud Improvements, Vinton TX Irri ation& Landscaping installation & maintenance Saab Site Contractors, L.P. Sean Pracht — Project Manager Wn.saabsite@ggmail.com, (915) 593-7220 office (915) 246-3990 cell GSA 1<ornillo Int'I Port of Entry, Tornillo iX Irrigation, Landscaping Sod„& Boulder Install &Maintenance Cooley Construction Ed Schmitt — Site Supervisor gsrhm itt@coolevconstruction.com (405) 528-8093 office (915) 210-4247 cell Banes General Contractors — Various Projects Cancre a flat wark,lrrigation, La dscaping EPCC, Lexus, Land Rover Jaguar Stamped Concrete. Gilbert Patina, — Project Manager 6001 Doniphan Dr, El Paso, TX 79932 (915) 584-0404 office (915) 345-3177 cell Restlawn_&_Evergreen Cemetery Irrigation & Landscaping Installation Linda Olvera — Manager Linda.olvera unsci-us.com 4848 Alps Dr, El Paso, TX 79904 (850) 377-2979 cell 'tp ADDENDUM TO INVITATION TO BID NO.20-0005 GROUNDS MAINTENANCE FOR THE AVIATION DEPARTMENT CITY OF FORT WORTH PURCHASING DIVISION ADDENDUM NO. 1 DATE ISSUED: November 6, 2019 INVITATION TO BID (ITB): 20-0005 BID OPENING DATE. November 21; 2019 (UNCHANGED) ITB No. 20-0005, issued October 23, 2019, is hereby amended as follows: I. Revised specifications are hereby incorporated. a. Section 7.8 of Attachment H has been revised to add "Contractor shall mow all fence lines. All fence lines shall be mowed five (5) feet out from the base of the fence lines, unless indicated otherwise by a specific zone." b. Section 3.6 of Attachment H has been added "A storage container no larger than 40 feet by 8 feet shall be permitted onto the airport for the purpose of storing mowing equipment." 11. Approximate acreage for Zones has been added and named Exhibit A. All other terms and conditions remain unchanged. Sarah Czechawicz �� Buyer By the signature affixed below, Addendum No. the above referenced Invitation to Bid. COMP SIGNA 1 is hereby incorporated into and made part of 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. f e EX BRIT A Zone Approximate Acreage Zone 1 0.43 Zone 2 0.85 Zone 3 0.29 Zone 4 2.1 Zone 5 2.41 Zone 6 0.26 Zone 7 0.17 Zone 8 4 Zone 9 0.23 Zone 10 0.3 Zone 11 0.19 Zone 12 0.2 Zone 13 T 0.1 Zone 14 0.55 Zone 15 1.86 Zone 16 • 2.1 Zone 17 _ 0.18 Zone 18 0.36 Zone_19 -1 0.55 Zone 20 0.1 Zone 21 0.26 Zone 22 0.1 Zone 23 0.54 Zone 24 0.1 Zone 25 0.37 Zone 26 0.62 Zone 27 2.56 Zone 28 0.54 Zone 29 2.43 Zone 30 0.1 Zone 31 3.21 Zone 32 0.42 Zone 33 0.17 Zone 34 0.25 Zone 35 _ 0.1 Zone 36 0.11 Zone 37 0.1 Zone 38 0.8 Zone 39 1.73 Zone 40 0.1 Zone 41 0.14 Zone 42 0.1 Zone 43 0.46 Zane 44 1Q.38 Zone 45 0.1 Zone 46 0.1 Zone 47 0.24 Zone 48 0.32 Zone 49 1.48 Zone 50 4.34 Zone 51 0.1 Zone 52 0.92 Zone 53 0.6$ TDTAL 41.2 R A. 0 V�4 i! ""' Abraham Herrera TCLP #767 0 0 The above named is hereby recognized as a -Texas Certified Landscape Professional, having fulfilled the requirements of the Certification Committee of the Texas Nursery & Landscape Association CHAIRMAN PRESIDENT 7MA Certification Committee Texas Nursery & Landscape Association Valid Through June 30, 2019 The Texas Certified Landscape Professional certification Is a program of the Texas Nursery & Landscape Association r r 1* r r 'HIS IS-'YWft LICENSF, CAREFULLY TRIM AWAY EXCESS MARGINS AND RISPLAY AT ALL TIMES.. TEXAS.DEPARTMENT W AGIiIOU I�TQRE Q0MMf6$IbNER- SID MILLER P, Q. doX 12847 AUSTIN, TEXAS 74711 iz2847 (�77) LIC-AGRI �871-5422474) Fdr th6 haziririg ihipiWrdd-,.($00) 735-29.89 TDD. (800) 735-2988 VOICE www.TexasAgrlcUlf0re..go%f ,CQMMERCIAL CERTIPIE.D.APPLICAT.OR-.LiCF-NSE. This 19-to-ceffif0hit the person vah6se name appeafe -heldw.has met the requirements. of Texag AdMlh7Lst at'ive"CodE.'Title'*,. Pad lj; phapter7, Subchapter 1l'aridChapter 1p5l of the Taxe4 tJccypations• Code. fiEUOFZ--SrEWAN PklQE-lN0o,qT0lES -2600-PAULC HuTt6W FORT BLISS. TX 799-16 TEXAS PiEPARTMEkt- OF A45RIOU LTURE f';'&.'BOX 12841 -AbSTIP4, TEXAS 7671.1-2847 'r,bMWIZKGlAL CERf[Fleb APPLICATOR LICERSE 'HECTOR SEROAK PRIO@!NpySTRJES 2509 PAuLC%HUrT0H FORTM16STX 79916 TDA,TPOL No: 0q'80782 Ur,pnaq No. 0562205' "SPOB Tpeu 1'3aul 1ss6,ibziw- 'obha)2n07. P�r"esl I 1t'31ftI9 catewi= L,P.T.W Frontzide 59 TM TPCI- N�r. q No: -0562206. BPGB tOrL ho:. 149siv-1 Issue Pke. ..0W1k007' Expimtj0:P*e7 'tiav/01P Categories !�Rp9l1�19� '13adk SN6 LANHNATION -ADVrSL4 D. Please out otit alo g -hea)�y,-OIK -jl, &0 an .9 qk. I Wes, prj4pl - nt' d back sides together, and laminate. 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. 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. d. 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. 2. 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. 3. 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 10 of 12 Rev. 11118 4. 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. 6. Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear (ATIMA). 7. 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. 19-0037 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: VIl or equivalent measure of financial strength and solvency. 10.5 Deductible limits, or self -funded retention Iimits, 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 11 of 12 Rev. I1/18 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 12 of 12 Rev. 11/18 4/22/2020 M&C Review Official site of the City of Fort Worth, Texas CITY COUNCIL AGEN®A WORTH DATE: 4/7/2020 REFERENCE **M&C 20- LOG NAME: 13P20-0005 GROUNDS MAINTENANCE NO.: 0220 FOR AVIATION SC A CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. Authorize Execution of Non -Exclusive Agreements with Abescape Group, LLC and American Landscape Systems, Inc. for Grounds Maintenance at Meacham International Airport for Two -Year Initial Terms and Two One -Year Renewal Options with Annual Amounts Up to $120,000.00 Each for the Aviation Department (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1.) Authorize execution of a non-exclusive agreement with Abescape Group, LLC for grounds maintenance at Meacham International Airport for a two-year initial term and two one-year renewal options with an annual amount up to $120,000.00 for the Aviation Department; and 2.) Authorize execution of a non-exclusive agreement with American Landscape Systems, Inc. for grounds maintenance at Meacham International Airport for a two-year initial term and two one-year renewal options with an annual amount up to $120,000.00 for the Aviation Department. DISCUSSION: The Aviation Department approached the Purchasing Division to finalize annual agreements for grounds maintenance for Meacham Airport. 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 October 23, 2019, October 30, 2019, November 6, 2019, November 13, 2019 and November 21, 2019. The City received seven bids. A pre - bid conference was held on October 31, 2019. Bids were evaluated on best value criteria including price, equipment/staff requirements, past references, bidder past performance and past relationship with the City. Staff from the Aviation Department evaluated the bids submitted and recommends awarding an initial two-year, non-exclusive agreement to Abescape Group, LLC and American Landscape Systems, Inc. along with two one-year options to renew. No guarantee was made that a specific amount of these services will be purchased. The bid amount for the Aviation Department's annual requirements is up to $120,000.00. 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. MIWBE OFFICE - A waiver of the goal for MBEISBE subcontracting requirements was requested by the Purchasing Division and approved by the MIWBE Office, in accordance with the BDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. FISCAL. INFORIMATIONXERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as appropriated, of the Municipal Airport Fund to support approval of the above recommendation and award of the contracts. Prior to any expenditure being incurred, the Aviation Department has the responsibility to validate the availability of funds. BQNII apps.cfwnet.org/councii_packet/mc_review.asp?ID=27788&councildate=417/2020 112 4122/2020 M&C Review FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year I (Chartfieid 2) Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact; ATTACHMENTS Kevin Gunn (2015) Reginald Zeno ( 8517) Cynthia Garcia (8525) Sarah Czechowicz (2059) apps.cfwnet.org/council packet/mc—roview.asp?ID=27788&councildate=4/7/2020 2/2