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HomeMy WebLinkAboutContract 55435CSC No. 55435 A NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES AGREEMENT FOR FORT WORTH POLICE STATIONS BETWEEN THE CITY OF FORT WORTH AND CIVILIAN DIVISION LLC dba GI-MOW. THIS NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized representative, and CIVILIAN DIVISION LLC dba GI-MOW ("Contractor"), a Texas limited liability company, acting by and through its duly authorized representative. WHEREAS, City, through its Park & Recreation Department ("Park Department"), contracts for mowing and grounds maintenance services within the City; WHEREAS, through RFQt No. 21-0037 ("Bid"), 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 $30,000.00 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 include the following: 1. This Non-Exclusive Mowing and Grounds Maintenance Services Agreement 2. Exhibit A— Contract Specifications 3. Exhibit B— Price Schedule 4. Exhibit C— Insurance Requirements 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 controls. SECTION 2 SCOPE OF WORK 2.1 Contractor will provide mowing and grounds maintenance services ("Services") to the City for Police Stations located at: • 212 E. Felix Street, Fort Worth, Texas 76ll 5; • 308 Arthur Street Fort Worth, Texas 76107; • 2500 Brennan Avenue, Fort Worth, Texas 76106; • 3000 W. Bolt Street, Fort Worth, Texas 76110; and • 3128 W. Bolt Street, Fort Worth, Texas 76ll0. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement for Police Stations OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 27 (each a"Project Area" and, collectively, "Project Areas") in accordance with this Agreement, including all exhibits. 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 the Bid, which is on file with the City's Purchasing Department. Contractor further understands that the aggregate amount of all contracts awarded to multiple contractors under the Bid will be in the amount of Thirty Thousand Dollars and Zero Cents ($30,000.00), and the City makes no promise or guarantee of the total amount of work that will be assigned to Contractor under this Agreement. 2.3 The City will issue a written wark order, also known as a"service request", establishing the locations and schedule, to the Contractor for each Project Area to be completed by Contractar ("Work Order"). Contractor must 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 speciiied in this Agreement, the fee invoiced by the vendor will be based upon the prices submitted by Contractor in Contractor's Response. SECTION 3 TERM OF AGREEMENT 3.1 Term. The term of this Agreement is effective beginning on March 2, 2021 and expires at 11:59 p.m. on November 30, 2021 ("Initial Term"), unless terminated earlier in accordance with the provisions of this Agreement. This Agreement may be renewed for four additional one-year periods upon written agreement of the City and Contractor (each a"Renewal Term"). SECTION 4 INVOICES AND PAYMENT 4.1 The City will pay Contractor the fees established in the Price Schedule in accordance with the provisions of this Agreement. Contractor will 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 will not be liable for any additional expenses of Contractor not specified by this Agreement. 4.2 Contractor must submit type written or computer printed invoices to the City that includes the Contractor's name, address and telephone number, and identify the service location, the agreed price for the Project Areas, and the City's issued purchase order. Contractor must submit all invoices to the City within two (2) weeks of completing the Services. 4.3 Contractor must submit all invoices to: City of Fort Worth Park & Recreation Department Attention: Contract Mowing 4200 South Freeway, Suite 2200 Fort Worth, TX 76115 CFWMowin cr,FortWorthTexas. _� 4.4 The City may complete a visual inspection of the Services to verify that it was completed in accordance with this Agreement. City agrees to pay all invoices for accepted work within thirty (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 will not be paid for any Incomplete Work or for Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 2 of 27 failure to complete a location within the Cycle dates for each mowing Cycle. The City will notify Contractor of any error in an invoice no later than the 21 st day after the date the City receives the invoice. SECTION 5 LIABILITY AND INDEMNIFICATION 5.1 CONTRACTOR WILL 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"). 53 If any action or proceeding is brought by or against the City in connection with any such liability or claim, Contractor, on notice from City, must 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 will operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformiry with the requirements of such limitations, and as so modified, the indemnification obligation will 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 Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 3 of 27 reasonable times, for any statements and case preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder. SECTION 6 INSURANCE REQUIREMENTS 61 Contractor must abide by the insurance requirements set forth in Exhibit C. SECTION 7 AUDIT 71 Contractor agrees that the City wi11, 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 will have access during normal working hours to all necessary Contractor facilities and will be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City will 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 will, 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 will have access during normal working hours to all contractor and subcontractor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City will 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 will 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 Ciry referencing this Agreement. 8.3 Fiscal Fundin _g 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 Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 4 of 27 recovering damages from Contractor for any default under the Agreement. All City's rights, options, and remedies under this Agreement will be construed to be cumulative, and not one of them is exclusive of the other. City may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Agreement. No such termination will 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 91 Contractor must, 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 will be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: City of Fort Worth Park & Recreation Director 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 CONTRACTOR: Civilian Division LLC dba GI-Mow 5128 Jennings Drive North Richland Hills, TX 76180 Or to such other address as such party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. SECTION 11 NONDISCRIMINATION 11.1 Contractor will 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 will 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 will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equiry, arises on the basis Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 5 of 27 of any provision of this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. SECTION 13 THIRD-PARTY RIGHTS AND ASSIGNMENTS 131 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 will 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 will operate as independent contractors as to all rights and privileges and wark 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 will 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 will 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 will be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that the City will 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 will be entitled to any employment benefits from the City. Contractor will 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 161 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 will not be deemed a part of this Agreement. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 6 of 27 16.3 In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement will be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. SECTION 17 GOVERNMENTAL POWERS AND IMMUNITIES 171 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. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. SECTION 19 SEVERABILITY AND NO WAIVER 19.1 It is agreed that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision will 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 will 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 201 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 must immediately desist from and correct the violation. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 7 of 27 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 Contractar, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. SECTION 22 PROHIBITION ON BOYCOTTING ISRAEL 22.1 If Contractor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2271 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" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, 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 Agreement. SECTION 23 IMMIGRATION NATIONALITY ACT 23.1 Contractor must verify the identity and employment eligibiliry of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor must 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 WILL 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, will have the right to immediately terminate this Agreement for violations of this provision by Contractor. SECTION 24 FORCE MAJEURE 24.1 City and Contractor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 8 of 27 Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 10 of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement in multiples in Tarrant County, Texas. EXECUTED to be effective on the date set forth in Section 2. CITY OF FORT WORTH l/�G��ie G��rG�i�r�to�r Valerie Washington (Mar 19, 2 110:40 CDT) Valerie Washington Assistant City Manager Recommended: �����'� Richard Zavala (Mar17 212051 CDT) Richard Zavala, Director Park & Recreation Department ��� Sandra Young o (Mar P, 202115:30 CDT) Sandra Youngblood, Assistant Director Park & Recreation Department CIVILIAN DIVISION LLC dba GI-MOW � Curtis Kinsey (Mar 1, 2021 15:33 CDT) Curtis Kinsey Owner APPROVED AS TO FORM AND LEGALITY: /1�" Nico Arias (Mar 19, 20211032 CDT) Nico Arias Assistant City Attorney ATTEST: f � ��� i�� Mary Kayser City Secretary M&C: N/A Form 1295: N/A Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including all performance and reporting requirements. � �� Christophcr5windlc (Mar16, 202109:42 CDT) Christopher Swindle Contract Compliance Manager Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 9 of 27 EXHIBIT A L SCOPE OF WORK CONTRACT SPECIFICATIONS The Services will consist of specific grounds maintenance activities at specified parks, community centers, boulevards, medians, traffic islands, and other City properties within each Project Area, as required by an established Maintenance Schedule. The Contractor is responsible for mowing all areas, removing all trash and litter from each Project Area, edging all curbs and sidewalks, and trimming all turf along pavement (including expansion cracks extending two (2) feet onto the pavement, curbs, on or around signs, posts, guard rails, sidewalks, and other obstacles). II. DEFINITIONS The following terms as used in this Agreement will have the meanings assigned to them: 1. Call Back. — When a Contractor is requested to return to a Project Area to correct Incomplete Work. 2. Chemical Trimming — The use of an herbicide (such as Roundup and/or an approved equal containing a pre-emergent, such as Surflan or an approved equal) as an alternative to the physical removal or cutting of plant material from areas to be trimmed. 3. Clumped Grass Cuttings — Any accumulation of cut grass that, on the day of mowing, exceeds six (6) inches in height. These clumps are typically found in areas where mowing equipment has turned, reversing directions. 4. Contract Manager — The duly authorized representative of the Park & Recreation Department, who will monitor the Contractor's performance. 5. Cycle — Each time period in the mowing schedule for the mowing season. Each time period is defined by a beginning and ending date, during which all prescribed maintenance activities for each Project Area will be completed. 6. Inclement Weather — Any rainy/wet weather, or when the condition of the soil is such that the rutting of property will occur and cutting of grass cannot be accomplished safely or in a manner that will not rut up ar cause any damage to the turf. 7. Incomplete Work— The failure of Contractor to perform the Services in accordance with this Agreement. 8. Maintenance Schedule — The time periods established by the City for the mowing season within which all prescribed maintenance activities for each area will be completed. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 10 of 27 9. Mowing Height — The setting of mowing equipment to cut grass to a height of two (2) inches for project areas designated for 7- or 14- day mowing Cycles, to a height of three (3) inches for Project Areas designated for 21-, or more, day mowing Cycles, or as specified by the Contract Manager. 10. Mowing Map — A geographical map or images showing designated areas where mowing should occur for each Project Area. 11. Mowing Season — The time period typically beginning in March and ending in November as determined annually by the Park & Recreation Department. Notes: The mowing season start and end dates are weather dependent and will vary slightly year to year 12. Non-Mow Area — An area of land designated for wildflowers, flowers or natural areas. 13. Ozone Action Days - The period from May lst through October 31st (Ozone Season) of each year when ozone levels are critical. These days are determined by the Texas Commission on Environmental Quality (TCEQ) and are announced via television, radio, and TX DOT highway information boards. 14. Trash and Litter — Any debris within a Project Area including, but not limited to, paper, plastic, cans, bottles (including broken glass), cardboard, rags, bottle tops, tires, limbs and branches 4 inches or smaller in diameter, rocks, and other similar solid materials and foreign debris which is not intended to be present as part of the landscape. This is inclusive of the entire Project Areas, including streets, sidewalks, curbs, hillsides, ditches, creeks, etc. In accordance with City Ordinance, garage sale signs found in median areas are also considered Trash and Litter. 15. Windrow — A line of mown grass that is dense enough to remain in place during a mow Cycle and can prevent future vegetation growth. III. EQUIPMENT Contractor will have available all necessary equipment and materials upon arrival at a Project Area to perform the Services in this Agreement. 2. All equipment must be in good repair at all times and be operated by responsible employees. Contractor must maintain sharp blades on all mowing equipment to cleanly cut, not tear, the blades of grass. 4. Contractor will not store equipment on property owned by the City. Contractor must remove all equipment from each Project Area immediately after completing the mowing and grounds maintenance. IV. GROUNDS MAINTENANCE AND TRIMMING Contractor must remove all Trash and Litter from the entire Project Areas, prior to initiating any mowing. Failure to remove Trash and Litter prior to mowing will result in Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 11 of 27 the Contractor being required to return to the site and remove all new Trash and Litter, as well as all Trash and Litter that was mowed over. Any paper, cans, or bottles (cut or broken) found during maintenance operations must be completely removed from the Project Areas immediately prior to proceeding with the maintenance of other areas. All Trash and Litter must be disposed of by the Contractor at an off-site location procured by the Contractor at his/her sole expense. Contractor must remove all garage sale signs and sales signs that are located in median or right of way areas. 2. Any areas that have been mowed must have Trash and Litter removed the same day the mowing occurs and mowed grass must be blown or swept off of all curbs, gutters, sidewalks, trails, and other hard surfaces. 3. Contractor must report any illegal dumping, no later than the next business day after its discovery, to the Contract Manager. 4. All grass must be cut at the proper Mowing Height. The Contract Manager may make changes in the Mowing Height requirements. 5. Mowing below the proper Mowing Heights may result in scalping. The City may terminate this Agreement for Contractor's failure to mow at the proper Mowing Height. Contractor must pay all costs to repair damage caused by improper Mowing Heights. 6. Upon completion, a mowed Project Area must be free of Clumped Grass Cuttings, windrows, and tire/track ruts from equipment. Turf must be cut in a manner as to not scalp turf or leave areas of uncut grass, but to leave a crisp manicured finished appearance. 7. Removal of cut grass from turf areas will not be required, unless otherwise specified by the Contract Manager. Care must be taken to prevent discharge of grass clippings onto any surface, such as streets, curbs, gutters, parking lots, sidewalks, concrete pads, creeks, lakes, ponds, or adjacent properties. 8. All structures, trees, poles, tables, signs, fences, and shrub beds, are to be trimmed closely, where applicable. All trimming must be completed on the same day as all mowing operations. Special care must be taken when trimming around trees, as to not inflict damage to the bark of trees or any tree watering systems/TreeGators present. 9. Trim guards should be used on line trimmers when working around trees and ornamental shrubs. All trimming must be accomplished maintaining the required Mowing Height. 10. Trimming can be reduced by chemical edging, with prior written approval of the Contract Manager. 11. Chemical trimming will not be acceptable for the edging of curbs or concrete sidewalks or trails. Chemical trimming for the edging to asphalt sidewalks is allowed; however, edged/treated area must never extend farther than 4" past the edge of the asphalt sidewalk and all dead grass/weeds must be removed. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 12 of 27 12. All vegetation in cracks, seams, and joints of paved areas such as sidewalks, medians, curbs, gutters (two (2) feet out from the curb), and driveways must be cut down to the pavement surface during the completion of each mowing Cycle, where applicable. 13. Tennis courts and basketball hardstands must be maintained free of all weeds and unwanted growth. The use of herbicides to control such growth is permitted, with prior written approval of the Contract Manager and in accordance with all applicable state laws and regulations. 14. Dead grass should be removed after any herbicide application. 15. Herbicide application must be in compliance with the State of Texas Structural Pest Control Board Laws and Regulations or the Texas Department of Agriculture Laws and Regulations. Contractor, or his/her representative, must have a copy of their pesticide license on file with the Park & Recreation Department Prior to the use of any herbicide. 16. Contractor will receive Mowing Maps and Work Orders outlining Non-Mow Areas within the Project Areas. Contractor will be responsible far informing Contractor's agents and employees of Non-Mow Areas. Contractor will be responsible for damages to Non-Mow Areas caused by Contractor's agents or employees. 17. Contractor must use reasonable care to avoid damaging buildings, equipment (including but not limited to irrigation heads and valve boxes), or vegetation on City or any other public or private property. 18. The Contractor must assess the Project Areas to be mowed, prior to starting, and make necessary adjustments to mowing methods in order to avoid cutting or damaging irrigation heads. 19. If the Contractor's failure to use reasonable care causes damage to any property, the Contractor must replace or repair the damage, within 72 hours of notification, at no expense to the City. If the Contractor fails or refuses to make such repair or replacement, the Contractor will be liable for the cost, which may be deducted from payments made to the Contractor. 20. Contractors are not to use any motorized equipment between 6 A.M. and 10 A.M. on Ozone Action Days, unless the equipment uses propane, diesel, or compressed natural gas as a fuel source, or meets California Air Resources Board (CARB) revision #2 standards. V. BLOWING OF GRASS/DEBRIS Chapter 12.5, Section 12.5-302, subsection (a) of the City Code provides that a person commits an offense if the person introduces or causes to be introduced into the MS4 (Municipal Separate Storm Sewer System) any discharge that is not composed entirely of storm water. Contractor will not blow grass clippings and other debris into creeks, lakes, ponds, or the adjoining street or roadway, or against fence lines. Mowing should be accomplished by discharging grass away from streets, parking lots, or other roadways. Any grass clippings deposited onto the sidewalk, fence line, gutter, or roadway, must be removed. Sidewalks, gutters, and roadways must be clean or have the appearance of being swept. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 13 of 27 VI. EDGING Edging of sidewalks, driveways, and curbs, will be accomplished so that grass and weeds neither extend over the edge of the walks, trails, drives, or curbs more than '/4 inch, nor cut back from the edge of walks, trails, drives, or curbs more than 1/4 inch. All concrete sidewalks, trails, curbs, walking paths, and steps must be mechanically edged, exposing the concrete surface. The Contractor may use a disc edger on a mower or similar device to edge the median as long as the produced edge meets the standard set forth in this section. All materials dislodged by edging must be removed from the site or blown back onto grass areas, as to leave a clean appearance. Concrete sidewalks must be edged on both sides. VIL TREES AND SHRUBS No pruning of any tree will be permitted, unless specified otherwise in this Agreement. Broken limbs or tree debris, along with any trash or litter, must be removed from ornamental flower and planting beds, as well as from the entire Project Areas during each mowing Cycle. Mulch rings must be reshaped prior to leaving a Project Area when dislodged by mowing equipment. Failure to replace damaged trees will be considered a breach of this Agreement and the Contractor will be assessed for damages. Slight or moderate damages to trees will result in assessment of damages. VIII. ASSESSMENT OF DAMAGES FOR DAMAGE TO TREES The Contractor will check trees in the Proj ect Areas before work begins and report any damage to trees to the Contract Manager. 2. The Contract Manager will conduct random checks of the trees during the Initial Term and any Renewal Term of the Agreement. A check of all trees may be made by the City prior to the end of the Initial Term or any Renewal Term. City Forester, Contract Manager, and Contractor must attend the inspection. 4. Damages must be documented by memo to the City Forester with a copy to the contract file and the Contractor. The Contractor may have the option of replacement or payment for severely damaged trees at a location to be designated by the Park & Recreation Department. Replacement must be made on caliper inch per caliper inch basis, with a minimum size replacement tree of 2 inch in caliper. The Contractor will be responsible for the planting, watering, mulching, and maintenance of replacement trees for a period not less than two years. 6. Any tree that does not survive the two year established period must be compensated for by the Contractor to the Park & Recreation Department at a rate of $200.00 per caliper inch. 7. Damages will be assessed at a rate o£ $100.00 for each instance of slight damage to the tree(s), this is damage that may heal, examples include, but are not limited to, scaling of the trunk into the cambiallayer'/z" to 2" in width, but less than 1/3 trunk circumference, or breaking of limbs less than 2" in diameter, or limbs less than 1/3 trunk caliper, whichever is less; $300.00 for each instance of moderate damage to the tree(s), which in the opinion of the City Forester contribute to the poor health and reduced longevity of the Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 14 of 27 tree, examples include, but are not limited to, scaling of the trunk into the cambiallayer greater than 2" but less than 1/3 of the trunk circumference, or breaking of limbs more than 2" in diameter but less than 1/3 caliper. Severe damage or removal of trees is subject to the payment of damages in the amount of $200.00 per diameter inch of trees removed or damaged for trees less than 30", $400.00 per diameter inch of trees greater than 30". Severe damage or removal must include, but is not limited to, scarring of the trunk to the cambial layer greater than 1/3 trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch greater than 1/3 trunk caliper. Branches must be measured at the point of attachment or at the lateral to which the branch would be pruned back according to the ANSI standards. Trees greater than 6" in caliper must be measured using diameter at breast height (DBH). In addition to any penalties or damages assessed by the Park & Recreation Department, trees severely damaged or removed will also be subj ect to iines 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 will be removed by the Forestry Section Tree Removal Contractor at the Mowing Contractor's expense. 8. Failure to replace or pay for damaged trees will result in a breach of contract and the Contractor will be automatically assessed damages. Damages as described herein will be deducted from payments otherwise due to the Contractor. IX. FOUNTAIN FEATURES AND SWIMMING POOLS Edging must be done in such a manner as to keep clippings out of water features. All clippings and trash must be removed from water features. 2. Maintenance at all fountain features will require turf areas to be mowed with grass catching equipment. If the Contractor fails to use grass catching equipment, the Contractor must pay to the City the costs incurred by the City to clean up the site, including City staff time. The City may deduct these costs from any payments to the Contractor. X. PONDS, LAKES, AND CREEKS The Contractor will use care when mowing or edging around lakes, ponds, and creeks. Grass must be directed away from water, but does not have to be caught or removed from the area. 2. The Contractor must pay to the City the costs incurred by the City to remove grass from ponds, lakes and creeks, including City staff time. The City may deduct these costs from payments to the Contractor XI. FENCES The Contractor will use care when mowing or edging around fences. This includes metal, wood or other material fence. Grass must be directed away from fence, but does not have to be caught or removed from the Project Areas. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 15 of 27 2. The Contractor will check fences in the Project Areas before contract work begins. Any damage Contractor discovers must be documented and reported to the Contract Manager by the Contractor. 3. The Contract Manager will conduct random checks of the fences during the contract period. 4. Damages must be documented by memo to the Contract Manager with a copy to the contract file and the Contractor. 5. The Contractor may have the option of replacement or payment for severely damaged fences as determined in cooperation with Risk Management, Contract Manager and the fence owner. XIL HAZARDOUS CONDITIONS The Contractor is required to notify the Contract Manager immediately of any hazardous conditions and/or damage to City property. XIII. HARD SURFACE MEDIANS End caps ar traffic islands within or adjacent to the Project Areas, which are not specifically identified in these specifications, will be deemed to be a part of the Project Areas where Contractor will perform Services. /:� V�K�]�C�111.7.7 �1►Y 1[K�7►Y Y .7��.y In the event that any one Contractor is awarded contracts for mowing more than one Project Area, the Contractor must proceed with work simultaneously in all areas awarded. XV. SUPERVISION OF WORK CREW Contractor must provide supervision of all work crews while performing work under this Agreement. On-site supervision is not required as long as communication equipment is provided, which enables the work crew to communicate with a project supervisor at all times. Each work crew must have a designated person on the work site that has the authority to respond to inquiries about wark details or priorities. XVI. STREET USE PERMIT 1. The Contractor will be required to obtain a"Street Use Permit" prior to starting work. Contact Parkway Services Division: 200 Texas Street, Fort Worth TX 76102 (817) 392- 6594 for inquiries regarding permit. 2. The Contractor will be responsible for providing traffic control while performing Services in accordance with this Agreement, consistent with the provisions set forth in the latest edition of the "Texas Manual on Uniform Traffic Control Devices" and the Texas Transportation Code. 3. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the Ciry. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 16 of 27 XVIL WORK ORDERS 1. A Work Order will consist of a written document, specifying the type of work, Contractor's name, Project Areas, beginning and end dates, by the City and comments. 2. The Contractor will not begin work on the Project Areas until a Work Order is received by the Contractor from the City. 3. Failure to obtain a Wark Order prior to beginning a maintenance Cycle may result in non- payment for work performed. If work order system is unavailable or incorrect, Contractor must notify the City immediately and obtain written approval prior to starting any Services. 4. Electronic Work Orders — The City will utilize electronic work orders. ALL CONTRACTORS MUST HAVE THE TECHNOLOGICAL CAPABILITY TO USE THE CITY'S ELECTRONIC WORK ORDER SYSTEM. Contractors will be required to have high-speed access to the Internet in order to receive W ork O rders and submit proof of compliance with Work Orders, including photographs of completed work. Minimum specifications required for electronic Work Orders are: a. Digital cameras or phone with a camera, capable of at least 12 mega-pixel with image resolution of 1280 x 1224 that adds date stamp on the face of the picture. b. WIRELESS READY- The ability to accept Work Orders and send completed Work Orders from a mobile wireless device, laptop, or other similar equipment. Work Orders will be provided to Contractor(s) electronically via the Internet, and the City will receive completed Work Orders from the Contractor, with all required documentation, in the same manner. ii. Contractors will be responsible for ensuring and maintaining compatibility with the City's system. iii. The City reserves the right to accept or deny completed Work Orders that are submitted by any other means. c. CELL PHONE REQUIREMENTS Contractor must have an Android or iPhone cellular telephone. 1. All cellular telephones used for contracted mowing must have: a. An active internet and data plan able to support up to 10 gigabytes of data per month; b. An Android 8 or IOs 11, or better, operating system; c. A camera that can take pictures at 12 megapixels and up; and d. A storage capacity of 128 gigabytes or more. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 17 of 27 d. Training — Contractor must attend mandatory training as scheduled by Contract Manager for the electronic Work Order system. XVIIL SCHEDULING 1. SCHEDULES a. The Contractor must mow scheduled Proj ect Areas no earlier or later than 2 days of the assigned mowing date. The City of Fort Worth has the right to require the Maintenance Schedule to be submitted electronically, including through an electronic Work Order system utilized by the City, or by a City approved cell phone application. b. Upon approval by the Contract Manager, the Contractor must comply with the written Maintenance Schedule throughout the mowing season. The next mowing Cycle Work Order will not be issued until the current Cycles' Work Order is closed in accordance with subsection a. c. If the Contractor expects to vary from the schedule, the Contractor must notify the Contract Manager of the variation in advance and specify an alternate Maintenance Schedule. Alternate Maintenance Schedules are subject to approval by the Contract Manager. 2. CHANGES 1N SCHEDULES a. The Contract Manager has the authoriry to alter, cancel, or reassign to another Contractor scheduled mowing Cycles on a week-to-week basis. The changes will be based upon need, weather conditions, and available funding. The Contractor will be notified by email of such changes. b. The City reserves the right to perform grounds maintenance operations during cancelled or altered Cycles. c. The Contract Manager may change the frequency of grounds maintenance Cycles based on maintenance needs. 3. COMPLETION SHEETS a. The Contractor must use the most recent format or version of the completion sheet provided by the Contractor Manager at all times. The Contractor will submit daily completions using the new electronic work order system upon implementation by the City. b. The Contractor must submit each day's completions that are ready for inspection within the first regular work day after the maintenance is completed. c. Failure to submit an approved version of the completion sheet or obtain approval for any delay from the assigned Contract Manager on the next regular work day Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 18 of 27 after work is completed will result in the Contractor not being paid for the work performed. XIX. PERFORMANCE Upon issuance of a Work Order, the Contractor must begin work and proceed with all reasonable dispatch to complete it. The Contractor must maintain the same schedule as the one agreed to with the Contract Manager at the beginning of the Mowing Season. 2. The Contractor will be required to maintain all Project Areas assigned during the maintenance Cycles. 3. Inclement Weather may result in the cancellation of a mowing Cycle only if the Contract Manager determines that there was an insufficient time period available during the mowing Cycle for the Services to be performed. Contractor will not be paid for any cancelled mowing Cycle. 4. The Contractor may be required to return to maintain specific locations due to Incomplete Work. Any such Call Back must be completed within three (3) calendar days of the request. Failure to complete work identified in the Call Back will result in non-payment for the Incomplete Work. 5. Contractors performing a Call Back within 3 calendar days must complete all items deemed unacceptable in the iirst inspection of the original scheduled mow. Failure to do so will result in non-payment for Incomplete Wark. 6. Contractor will ONLY be paid for work actually completed during the established mowing Cycle, unless due to weather or other valid reason which the Contract Manager has granted an extension to the scheduled mowing Cycle. 7. Failure to complete work in accordance with the approved schedule, Call Back and/or submitted completion sheets within the required timeframes may result in Contractor paying to the City the City's cost in correcting the work or termination of the Agreement. 8. If the City determines that the work is not acceptable and the issue is not resolved within three (3) calendar days of the City's request to correct the work, the City has the right to reassign the work to another contractor or perform the work with City personnel. Should the work be assigned to another contractor or completed by City personnel, the Contractor must pay to the City the City's cost for paying another contractor to perform the work or for City staff to perform the work. Such amounts may be deducted from any invoices paid by the City to Contractor. XX. PHOTOGRAPHIC EVIDENCE 1. The Contractor is responsible for providing before and after photographic evidence of all Project Areas completed. Photographs must be submitted through the electronic Work Order system within 48 hours of the photographed Project Area being mowed. Uploading photographs into the Wark Order system later than 48 hours after being mowed will not be considered as evidence for payment. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 19 of 27 2. All photographs must be time and date stamped. Inspection reports documenting Incomplete Work or poor performance will have photographic evidence attached. The Contractor's response will include photos of the precise location of the corrected work, framed with the same background as the original inspection photograph. 4. Failure to provide photographic evidence upon request will result in non-payment for the service location until proper photographic evidence is submitted to the City. XXL POINT OF CONTACT For accessibility, the Contractor must designate at least one (1) person as Point of Contact with a current office phone number or cell phone number and an email address. 2. The Contractor's Point of Contact must respond to calls, voicemails, and emails within one (1) hour during normal business hours. Notification of any changes in contactar's contact number or personnel must be emailed to CFWMowin�a,FortWorthTexas. o�v within 3 business days of the change. XXIL ON-CALL MOWING To keep the quality of mowing in the City of Fort Worth at a sufficient level, to address the failure of mowing contractors to perform adequately, the Ciry 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 proj ects. 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 wark begins. Pricing exceeding Contractor's comparable Project Areas or solicitation pricing must be approved by the Contract Manager. 4. Contractar has the right to decline or accept On-Call Mowing work. 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. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 20 of 27 7. Contractors cannot fail to perform on their currently contracted mow Cycle in order to perform On-Call Mowing proj ects. 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 proj ect. XXIIL MEETINGS Contactor will attend mandatory informational meetings scheduled by Contract Manager to support City of Fort Worth mowing initiatives. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 21 of 27 EXHIBIT B PRICE SCHEDULE FORT WORTH,. _�� CITY QF FORT WORTH B1D QFFER E�ent ID Page Invited: PUBLIC EV�NT DETAILS CFW61-21-0037 _ _ q Event Raund Version Suhmit To: Gity of Forf Worth - Z PURCHASING �IVISlON Event Name LOWER L�VEL CITY HALL R?Q= -A - Po�i�z Mowina s �xounds Naintena��e 200 TEXAS ST. Start Time Finish Tlme Fort WOYth TX 761p2 :2i2�/z_a�n �s:no_oo_,cs� o=;oR;2o?� ,5:30:0o csz � United States Email: FMSPurchasingResponses@fortworihtexas.gov Lin Detai! Line: 1 �escription: Qf�r _ Unit _ llnitPrice 7oYal WESTSTOREFRONTMOWINGAN�TRIMMING(14 �AY 8.00 EA � -� CYCLESJFEB.-JUNE-3QSqRTHURSTREET- �- T.,� � 0.56 ACRES . _� -� ` � L1� � Line: 2 Description: q�t r_ UniE UnitPrice Tofal WEST STOREFRON7 PARKING LOT TRASH REMOVAL (34 $.00 EA I]AY CYCLES} FEB. - JUNE - 5EE MOW MAP - 0.5 I �� � �� � U � ACRES Line: 3 Description: Q_Ty _ _ Unit ..U.nitPrice Total FLEETMANAGEMENTlqVTOPOUNOMOWWG 8.00 EA -- AN6lTRIMMING (14 DAY CYCLES) 2500!BRENNAN - — - - ' - -- 2.0 ACRES L �,} � : _ J ���� '� �� Line: 4 �escripfion: Qty _ Unit UnitPrice _ 7otal FLEET MANAGEMENT PRE-EMERGENT WEE� CON7ROL 3.00 EA (SNAP SHOT 74 DRY!CYCLES} Apply in March, ��� � E�/� May & Septemder - 2,0 ACRES Line: 5 �escription: Qfy flnit llnitPrice 7etal OL� FIRE S7ATION MOWINGAN�TftIMMING (14 DAY S.pp EA � � -- CYCLES} FEB. - JUNE - 212 E. FELIX - 0.5 ��,� I - ACRES i -r� �--� ;j J Line: 6 Descr't�tion:_ 4tL _ Unit UnitPrice Total 911 COMMl1NICATION CENTER MOWING AND 7RIMMING 5.00 Eq - - - -{2.7ACRE5 CLES) FE6. - JUNE- 3D00 W. BOLT �_�� .� � --�_� v_ --, (� Line: 7 Description: Qt _ Unit UnitPrice Tatal 911 COMMUNICATION CENTER PARKING LOT TRASH 8.00 �q -- - -- REMOVAL {1A pAY CYCLESp FEB. - JUNE - 3000 — - f W.BOLT-O.OSACRES �� � ��(; � Line: S �escription: Qty _ Unit l{nitPrice Totai SOl1TH DIVISION POLICE STATIaN MOWING AN� 8.00 EA �- TRIMMING {i4 DAYCYCLES)FEB,-JUNE-3126 f ' ���_ -� ' +��� W. Bolt - 2.8 ACRES I � Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 22 of 27 FOxT WOxTH�, ��'T'�J CITY OF FORT WORTH BID OFFER Event I� Pagel Invi{ed: PUBLIC EVENT pETAILS c�i�0_ 2°=003? s I Event Round Version Submil To: City oT Fort Worfh 1 — 2 PURCHASiNG DIVISIpN Event Name LOWER LEVEL CITY HALL R2Q.t-1 - Police Nowinq_s cro��ds, Maintenance 200 TEXAS ST. Start Time Finish Time ' Fart Worth TX 76102 _ 2=23izo26 =6:00_0o c5^ __ _ 01_/o9/zozl. 16:3p:oo c5'_ _ I United S��tes Email: FMSPurchasingResponses@fortworthtexas.go� Line: 9 qesu�on: Qty SOUTH �IVISION POLICE STATI�N PARKING LOT 8.00 TRASH ftEMOVAL (14 DAY CYCLES) FEB. - JUNE -3728 W. Bolt-O.OSACRES Line: 10 Description: � WEST STOREFRONT MOWING AN� TRIMMING { 21 �AY B.OD CYCLES) JUL. - NOV. - 308 ARTHUR STREET - 0.56 ACRES Line: 11 Unit EA _ UnitPrice _ _ Tatal _ � ��%�'� � ! � o � _ UnitPrice _ _Total _ —�� � `" � 0 _ UnitPrice _ Total � � ���� UnitPriee _ _ _ _ Total _ _ �= -� � ���' J _ UnitPrice _ Total I 3�-�� �, 600 Unii EA �escrEption: Q�_ _ lJn_it WESTSTOREFRONT PARKING LOTTRASH REMOVq�. 8.00 EA (!21 DAY CYCLES) JUL - NqV. - SEE MOW IvSAP - 0.5 AGRES Line: i2 Descriplion: Qt WEST STQREFRpNTPLANTING BEDS WEE� REMOVAL 10. 0 AND TRIMMING {21 �AY CYCLES) FEB - I�EOV. - SEE M�W MAP - 0.5 ACRES Line: 13 Uescri�tion_ QEy FLEETMANAGEMENTIAl1TOPOUNp MpWING 8.04 AN�ITRiMMING (21 OAY CYCLES} JUL. - NOV. - 25001BRENNAN -24 ACRES Line: 14 �escriptian: Q ,� FLEETMANAGEMENT WEEDCONTROLHerbicide 8.00 (Marc[� - October) 2500 Brennan 2.0 ACRES Line: 15 Desc�tipn: OLD FIRE STATION MOWING AN� TRIMMING (21iDAY B4OD GYC�ES) JUL. - N6V. - 212 E. FELIX - 0_5 ACRES Line: 1 fi Description: Qt 911 COMMUNICATION CENTER MOWING AN� TRIMMiNG 5.00 (21 �AY CYCLES} JUL. - NOV. - 3t7o0 W. BoEt - 27ACRE5 Line: 17 Descr�fion:__ �ty 911 CQMMIJNICATION CENTER PARKiNG LpTTftASH 8A0 REMOVAL {21 DAY CYCLES) JUL. -�ipV - 3000 W. BaIF - OAS ACRES _Unit _ EA _ Unit EA _ _ Unit UnitPrice Tatal _ EA - _ - -- � /z� ] �� o�'�_� _ Unit _ _ L3nitPrice Total Eq - — - — ? ,� :i � Z`j `J U � _ u��t EA Unit EA _ UnitPrice _ Total _ v,`+,)_� ��� ��� UnitPriee _ _ Total _ �t} �r ��� Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 23 of 27 FoxT WoxTH� �� CITY OF FORT WORTH BID OFFER Event �D page In�ited: PUBLIC EVENT QETqILS CFWOI-2Y-0037 �� Event Round Version Submit To: City of Fort Worth — — 2 — — _� PURCHASING �IVISION Event Name LOWER LEVEL C1N HALL RF4=-I�_ - Po�ice Mvw:np 5 Giounci� Maintenan�� ,Z�� TEXAS ST. Start Time Finish 71me Fort Worth TX 76102 i2_23-2ozo 15:oo:oa csT _ o_/cR/2o2_ _6:_�0_0o csm _ UnitedStates Email: FMSPurchasingRespanses@fortworihtexas.go� Line: 18 Description_ SOUTH 61VISION POLICE STATION MQWING AN� TRIMMII�fG { 21 pAY CYCLES) JUL. - NQV. - 3128 W. Bolt - 2.8 RCRES Line: 19 �esc�tionr SOUTH DIVISION POLICE STATION PARKING LOT TRASH REMpVqL{21pAY CYCLES)JUL.-NOV.- 3128 W. Bolt - 0.05 ACRE5 Line: 20 �escriptipn' SOUTH pIVISION POLICE STATI4N PLANTING BE�S 1 SIGN WEE� REMOVALANn TRIMMING ( 21 6AY CYCLES) JUL. - NOV. Qty Uni1 UnitPrice Total 8.06 �A — ` �75 � ��`��� __Qt� �nit. _ llnitPrlce Totai 8.60 EA — ��_� a'..`, � _ � Unit __ UnitPrice Total 10.00 EA ��- � � - - — r �" 1 I� 3 �%� Total BidAmount: ' � � y �� Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 24 of 27 EXHIBIT C INSURANCE The Contractor will assume a11 risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement. The Contractor must %le 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 will 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 Ciry desires the Contractor to obtain such coverage, the contract price will be adjusted by the cost of the premium for such additional coverage plus 10%. Statutory Workers' Compensation Insurance and Employer's Liability Insurance at the following limits: $100,000 Each Accident $500,000 Disease — Policy limit $100,000 Disease — Each Employee This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Art. 8308 —1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. 4. Commercial General Liability Insurance including Explosion, Collapse, and Underground Coverage must be provided as follows: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Coverage must include but not be limited to the following: premises/operations, independent Contractors, products/completed operations, personal injury, and contractual liability. Insurance must be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. Auto Liability Insurance must be provided as follows: $1,000,000 Combined Single Limit Each Accident A commercial business policy must provide coverage on "Any Auto", defined as autos owned, hired and non-owned. The Contractor must furnish the Ciry's 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 Far Fort Warth Police Stations 25 of 27 At each renewal period, Contractor must furnish the City's 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 must be endorsed to provide the City of Fort Worth a thirry- (30) day notice of cancellation, material change in coverage, or non-renewal of coverage. Applicable policies must 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 of�cers, employees and servants must 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 Warker's Compensation Affidavit must be received before Contractor can begin wark. Failure to supply and maintain such insurance will be a breach of contract. Contractor will 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. 21-0008 200 Texas Street Fort Worth, Texas 76102 10.3 Any failure on part of the City to request required insurance documentation will not constitute a waiver of the insurance requirements specified herein. Each insurance policy must 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 will be acceptable in the event of non-payment of premium. 10.4 Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. 10.5 Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 10.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. 10.7 Workers' compensation insurance policy(s) covering employees of the Contractor must be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 10.8 City will not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 10.9 Contractor's insurance policies must each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City will not be called upon to contribute to loss recovery. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 26 of 27 1010 While the Agreement is in effect, Contractor must 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. 1011 Contractor's liability must not be limited to the specified amounts of insurance required herein. Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement Far Fort Warth Police Stations 27 of 27