HomeMy WebLinkAboutContract 57427 CSC No. 57427
A NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES AGREEMENT
FOR PANTHER ISLAND BRIDGES AND RACE STREET BETWEEN THE CITY OF FORT
WORTH AND PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY INC.
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 PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY INC.
("Contractor"),a domestic nonprofit corporation,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 ITB/RFP No. 22-0024 ("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$170,000.00 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 the three Panther Island Bridges located at 800 North Main Street, 700 North Henderson Street
and 1800 White Settlement Road as well as a portion of the Race Street corridor located at 2300 Race
Street (each a "Project Area" and, collectively, "Project Areas") in accordance with this Agreement,
including all exhibits.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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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 not to
exceed amount of all contracts awarded to multiple contractors under the Bid will be in the amount of One
Hundred Seventy Thousand Dollars and Zero Cents($170,000.00), 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 work order, also known as a "service request", establishing
the locations and schedule,to the Contractor for each Project Area to be completed by Contractor("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 specified in this Agreement, the fee invoiced by the
Contractor 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 25,2022 and expires
at 11:59 p.m. on November 30, 2022 ("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 number. 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
CF WMowingkFortWorthTexas.gov
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
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 21st day after the date the City receives the invoice.
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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 HIND OR CHARACTER, WHETHER REAL OR
ASSERTED,TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF CONTRACTOR,
OR ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS,
CONTRACTORS, EMPLOYEES, PATRONS, GUESTS, INVITEES, OR PROGRAM
PARTICIPANTS. CONTRACTOR HEREBY EXPRESSLY RELEASES AND DISCHARGES
CITY FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, INCLUDING, BUT NOT
LIMITED TO, PROPERTY DAMAGE AND LOSS AND PERSONAL INJURY ARISING OUT
OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE SERVICES
PERFORMED BY CONTRACTOR UNDER THIS AGREEMENT.
5.2 INDEMNIFICATION — CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, PROTECT, AND HOLD
HARMLESS CITY AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS EMPLOYEES,
AND SERVANTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY
AND ALL CLAIMS,LIABILITIES,DAMAGES,LOSSES,LIENS,CAUSES OF ACTION,SUITS,
JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS,
ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, HIND OR
DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH
OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE
SERVICES PERFORMED UNDER THIS AGREEMENT BY CONTRACTOR OR ANY OF ITS
OFFICERS,REPRESENTATIVES,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS; (2)
BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY
OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT
OR OMISSION ON THE PART OF CONTRACTOR OR ANY OF ITS OFFICERS,
REPRESENTATIVES,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS;OR(3)BY ANY
BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF CONTRACTOR
UNDER THIS AGREEMENT(COLLECTIVELY, "LIABILITIES").
5.3 If any action or proceeding 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 conformity 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
reasonable times, for any statements and case preparation necessary for the defense of any claims or
litigation for which City may be responsible hereunder.
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SECTION 6
INSURANCE REQUIREMENTS
6.1 Contractor must abide by the insurance requirements set forth in Exhibit C.
SECTION 7
AUDIT
7.1 Contractor agrees that the City will, 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 City
referencing this Agreement.
8.3 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any
time during the term of the Agreement, the Fort Worth City Council fails to appropriate funds sufficient
for the City to fulfill its obligations under this Agreement, the City may terminate the portion of the
Agreement regarding such obligations to be effective on the later of(i)ninety(90)calendar days following
delivery by the City to Agreement of written notice of the City's intention to terminate or(ii)the last date
for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this
Agreement.
8.4 Other Remedies. Any termination of this Agreement as provided in this Agreement will
not relieve Contractor from paying any sum or sums due and payable to City under this Agreement that
remains unpaid and due at the time of termination, or any claim for damages then or previously accruing
against Contractor under this Agreement. Any such termination will not prevent City from enforcing the
payment of any such sum or sums or claim for damages by any remedy provided for by law, or from
recovering damages from Contractor for any default under the Agreement. All City's rights, options, and
remedies under this Agreement will be construed to be cumulative, and not one of them is exclusive of the
other. City may pursue any or all such remedies or any other remedy or relief provided by law,whether
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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
9.1 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 parry 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: CONTRACTOR:
City of Fort Worth Presbyterian Night Shelter of Tarrant County Inc.
Park&Recreation Director P.O.Box 2645
4200 South Freeway, Suite 2200 Fort Worth,TX 76113
Fort Worth,Texas 76115
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 parry 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 equity, arises on the basis
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.
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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 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 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 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
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 will not
be deemed a part of this Agreement.
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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
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. 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
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 must
immediately desist from and correct the violation.
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SECTION 21
SOLE AGREEMENT
21.1 This Agreement, including any exhibits attached hereto and any documents incorporated
herein,contains the entire understanding and agreement between the City and Contractor,and any lawful
assign and successor of Contractor,as to the matters contained herein. Any prior or contemporaneous oral
or written agreement is hereby declared null and void to the extent in conflict with any provision of this
Agreement.
SECTION 22
PROHIBITION ON BOYCOTTING ISRAEL
22.1 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government
Code,the City is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it: (1) does not boycott Israel; and(2)will
not boycott Israel during the term of the contract. The terms"boycott Israel"and"company"will 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
PROHIBITION ON BOYCOTTING ENERGY COMPANIES
23.1 Contractor acknowledges that,in accordance with Chapter 2274 of the Texas Government
Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a
contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from
public funds of the City with a company with 10 or more full-time employees unless the contract contains
a written verification from the company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms "boycott energy company" and
"company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as
added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government
Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's
signature provides written verification to the City that Contractor: (1)does not boycott energy companies;
and(2)will not boycott energy companies during the term of this Agreement.
SECTION 24
PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION
INDUSTRIES
24.1 Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B. 19,§ 1,the City is prohibited from entering
into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly
from public funds of the City with a company with 10 or more full-time employees unless the contract
contains a written verification from the company that it: (1) does not have a practice,policy,guidance,or
directive that discriminates against a firearm entity or firearm trade association; and (2) will not
discriminate during the term of the contract against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity"and "firearm trade association"have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Contractor certifies that Contractor's signature provides written verification to the City that
Contractor: (1)does not have a practice,policy,guidance,or directive that discriminates against a firearm
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entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
SECTION 25
IMMIGRATION NATIONALITY ACT
25.1 Contractor must 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 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 26
FORCE MAJEURE
26.1 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 Ma.cure 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
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.
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IN WITNESS WHEREOF, the parties have executed this Agreement in multiples in Tarrant
County,Texas. EXECUTED to be effective on the date set forth in Section 3.
CITY OF FORT WORTH CONTRACTOR
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By:Valerie Washington(Apr 19,2 214:14 CDT) By:
Valerie Washington Kirsten Ham
Assistant City Manager VP of Workforce &Career Development
Recommended.
Richard Zavala(Apr4, 13:15 CDT)
Richard Zavala,Director
Park&Recreation Department
Sandra You d(Apr 4,202211:01 CDT)
Sandra Youngblood,Assistant Director
Park&Recreation Department
APPROVED AS TO FORM AND LEGALITY:
Nico Arias(Apr 18,2022 09:09 CDT)
Nico Arias
Assistant City Attorney
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Jannette S.Goodall(Apr 19,2022 15:01 CDT) �V o o d
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City Secretary da n000000 o
M&C: 22-0143
Form 1295: 2022-843062
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.
Christopher Swindle(Apr 1,2022 08:28 CDT)
Christopher Swindle
Contract Compliance Specialist
OFFICIAL RECORD
CITY SECRETARY
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement FT.WORTH,TX
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EXHIBIT A
CONTRACT SPECIFICATIONS
L SCOPE OF WORK
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). Planting bed maintenance includes but is not limited to:
weed, litter, trash removal, irrigation system checks and repair, plant pruning and dead plant removal,
mulching,herbicide,fire ant control and fertilizer applications.
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 or cause any damage to the turf.
7. Incomplete Work— The failure of Contractor to perform the Services in accordance with
this Agreement.
8. Maintenance Schedule—The time periods established by the City for the mowing season
within which all prescribed maintenance activities for each area will be completed.
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.
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10. Mowing Map—A geographical map or images showing designated areas where mowing
should occur for each Project Area.
11. Mowing Season — The time period typically beginning in March and ending in late
November as determined annually by the Park & Recreation Department. Note:
Typically, the mowing season will begin when high grass and weeds begin and the
mowing season will end the latter part of November or after the first hard freeze.
12. Non-Mow Area — An area of land designated for wildflowers, flowers or natural
regeneration of native grasses.
13. Ozone Action Days - The period from May 1 st through October 31 st(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
1. 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.
3. 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
1. 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
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
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement
for Panther Island Bridges and Race Street 12 of 33
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 such as 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. Edged/treated area must never extend farther than 4" past the edge of the
sidewalk and all dead grass/weeds must be removed.
11. 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.
12. 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.
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement
for Panther Island Bridges and Race Street 13 of 33
13. Dead grass should be removed after any herbicide application.
14. 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.
15. Contractor will receive Mowing Maps and Work Orders outlining Non-Mow Areas within
the Project Areas. Contractor will be responsible for 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. Planting beds must be maintained weed and litter free on each requested visit. Trimming
of plants must be done in a fashion as to not harm or kill the plant. Care must be taken
around all irrigation systems to prevent damage and loss of water.
21. Irrigation system checks and associated irrigation repairs should be done in accordance
with current industry standards. If the system requires a system check, a monthly status
report may be required to be provided along with the invoice as determined by the contract
administrator. The City may request a call-back to correct any deficient irrigation repairs.
Irrigation damages not caused by the contractor should be reported upon discovery along
with an estimate for the repairs that shall include the hours needed along with an itemized
parts list.
22. Seasonal clock and zone adjustments shall be part of the regular irrigation system check
procedure to ensure healthy plants,water conservation and prevention of wasted water on
the roadways.
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
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement
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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.
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.
VII. 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
L The Contractor will check trees in the contract area before contract work begins, any
damage will be noted and reported to the Contract Administrator.
2. The Contract Administrator will conduct random checks of the trees during the contract
period.
3. A check of all trees may be made at the end of the contract period. City Forester,Contract
Administrator,and Contractor will attend the inspection.
4. Damages shall be documented by memo to the City Forester with copy to contract file and
the Contractor.
5. Contractor may have the option of replacement or payment for severely damaged trees at
a location to be designated by PARD. Replacement shall be made on a caliper inch per
caliper inch basis with a minimum size of replacement tree of 2" in caliper for trees
damaged or removed which are less than 30" dbh and 2"per inch for trees which are 30"
DBH or greater. 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 establishment period shall be compensated for by the
Contractor to PARD tree fund at a rate of$200 per caliper inch.
6. Slight damage shall be defined, in the opinion of the City Forester, as damage that may
heal. Examples include but are not limited to: scaring of the trunk into the cambial layer
''/2"to 2"in width,but less than 1/3 trunk circumference; or breaking of limbs less than 2"
in diameter or limbs less than 1/3 trunk caliper,whichever is less. Slight damage shall also
include: removal or laying down of protective tree fencing prior to end of construction;
storing equipment or supplies within the critical root zone (CRZ); or disposing of paint or
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concrete within the CRZ, but not closer to the trunk than 50% radius of the CRZ. Slight
damage to trees shall be assessed at a rate of$100.00 for each instance. Each day tree
fencing is not properly placed, equipment or supplies are stored within CRZ, or fill is
stored within the CRZ shall be considered one instance.
7. Moderate damage shall be defined, in the opinion of the City Forester, as damage that
contributes to the poor health and reduced longevity of the tree.Examples include,but are
not limited to: scaring 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
trunk caliper. Moderate damage shall also include: compaction of soil; grading or filling
in 20% of the CRZ on 1 of 4 sides,but outside the 50% radius of the CRZ; or disposing
of paint or concrete within 50%radius of the CRZ.Moderate damages shall be calculated
at a rate of/2 the assessed value of the tree per each instance of damage.
8. Severe damage or removal of trees is subject to penalty of$200 per diameter inch of trees
removed or damaged for trees less than 30"DBH or$400 per diameter inch for trees 30"
DBH or greater. 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; or damage to a scaffolding branch or any branch greater than 1/3 of
trunk caliper.Severe damage shall also include:compaction of soil,grading or filling more
than 20% of the CRZ, or within 50%radius of the CRZ, or on more than one of 4 sides.
Cutting 1/3 of the buttress roots within 3 times the distance of the DBH of the trunk, or
cutting 4 roots 4" or greater in diameter within 4' of the trunk shall also be considered
severe damage.
9. 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 caliper shall be measured
according to accepted industry standards. Trees greater than 6" in caliper shall be
measured using diameter at breast height (DBH). Trees that must be removed due to
damage caused by the Contractor shall be removed by the Forestry Section's tree removal
contractor at the Contractor's expense.
10. All damages shall be paid to the City Tree Fund. Failure to replace or pay for damaged
trees shall result in a breach of contract and the Contractor will be automatically assessed
damages.Damages as described herein shall be deducted from payments otherwise due to
the Contractor.
IX. FOUNTAIN FEATURES AND SWIMMING POOLS
1. Edging 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
1. The Contractor will use care when mowing or edging around lakes, ponds, and creeks.
Grass must be directed away from water,but does not have to be caught or removed from
the area.
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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
1. The Contractor will use care when mowing or edging around fences.This includes metal,
wood or other material fence. Grass must be directed away from fence,but does not have
to be caught or removed from the Project Areas.
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 or 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.
XIV. CONCURRENT CONTRACTS
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 work details or
priorities.
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XVL SAFETY MANUAL
Contractor is required to submit a copy of the company's safety manual,used for onboarding new
staff,to the City of Fort Worth prior to commencing the first service of the calendar year.
XVII STREET USE PERMIT
1. The Contractor will be required to obtain a "Street Use Permit" prior to starting work
requiring blocking a lane. 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 City.
XVII. XVIII 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 Work 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 Work Orders
and submit proof of compliance with Work Orders,including photographs of completed
work. Minimum specifications required for electronic Work Orders are:
a. Digital cameras 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.
i. Work Orders will be provided to Contractor(s) electronically via the
Internet, and the City will receive completed Work Orders from the
Contractor,with all required documentation,in the same manner.
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement
for Panther Island Bridges and Race Street 18 of 33
it 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
i. Contractor must have an Android or iPhone cellular telephone.
I. 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 10S 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.
d. Training — Contractor must attend mandatory training as scheduled by Contract
Manager for the electronic Work Order system.
XVIII. SCHEDULING
1. SCHEDULES
a. The Contractor must mow scheduled Project 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 IN SCHEDULES
a. The Contract Manager has the authority to alter, cancel, or reassign to another
Contractor scheduled mowing Cycles on a week-to-week basis.The changes will
be based upon need, weather conditions, and available funding. The Contractor
will be notified by email of such changes.
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for Panther Island Bridges and Race Street 19 of 33
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 by attaching before and after site photos and closing the work order
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
after work is completed will result in the Contractor not being paid for the work
performed.
XIX. PERFORMANCE
1. Upon issuance of a Work Order, the Contractor 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 first inspection of the original scheduled mow. Failure to do
so will result in non-payment for Incomplete Work.
6. Contractor will ONLY be paid for work actually completed during the established mowing
Cycle,unless due to weather or other valid reason which the Contract Manager has granted
an extension to the scheduled mowing Cycle.
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement
for Panther Island Bridges and Race Street 20 of 33
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 Work Order system later than 48 hours after being mowed will not
be considered as evidence for payment.
2. All photographs must be time and date stamped.
3. Inspection reports documenting Incomplete Work or poor performance will have
photographic evidence attached. The Contractor's response will include photos of the
precise location of the corrected work, framed with the same background as the original
inspection photograph.
4. Failure to provide photographic evidence upon request will result in non-payment for the
service location until proper photographic evidence is submitted to the City.
XXI. POINT OF CONTACT
1. 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.
3. Notification of any changes in contactor's contact number or personnel must be emailed
to CFWMowing&a,FortWorthTexas. og_v within 3 business days of the change.
XXII. ON-CALL MOWING
To keep the quality of mowing in the City of Fort Worth at a sufficient level,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.
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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 fail to perform on their currently contracted mow Cycle in order to
perform On-Call Mowing projects.
8. Should a scheduling conflict arise between the On-Call project and a previously contracted
mow area,contractor must notify Contract Manager immediately and decline the On-Call
project.
XXIIL MEETINGS
Contactor will attend mandatory informational meetings scheduled by Contract Manager to
support City of Fort Worth mowing initiatives.
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EXHIBIT B
PRICE SCHEDULE
FORT WORTH:.
COVER PAGE
Event ID Page Invited: PUBLIC EVENT DETAILS
cFw01-22-0024 1
Event Round Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB Grounds Maintenance for Panther Island 200 Texas St.(Lower Level,South)
Start Time Finish Time Fort Worth TX 76102
12/07/2021 17:00:00 CST of 06/2022 13:30:00 CST United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Event Description
The City of Fort Worth seeks bids to finalize an annual Agreement for grounds maintenance services at Panther Island for the Parks and
Recreation Department on an"as needed"basis.
Submission Requirements and Deadlines
All companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the PeopleSoft Supplier Portal.
Please visit https:/Avww.fortworthtexas.gov/departments/finance/purchasing/register for more information.
Assigned Buyer:Megan Fowler
There is a Pre-Bid Conference for this bid.
More Information can be found in Part 1-Section 4.
Bids are solicited for furnishing the merchandise,supplies,services and/or equipment as set forth in this solicitation.Completed Bids
including one executed original and one USB flash drive containing electronic versions of all bid documents must be received in the
Purchasing Division by 1:30 P.M.,January 6,2022,and then publicly opened and read aloud around 2:00 P.M.in the Council Chambers.
Btds must be submitted in a sealed envelope WITH THE BID NUMBER AND BIDDER COMPANY NAME 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.22-0024,ITB Grounds Maintenance for Panther Island"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 120 calendar days after
the bid opening date.
Solicitation Documents:
over age
Bid Submission Signature Page**
Bid Solicitation"*
Part 1 Instructions
Part 2 Scope of Services/Specifications
AttachmentA-Conflict of Interest Disclosure Requirement**
Attachment B-Consideration of Location of Bidder's Principal Place of Business**
Attachment C-Vendor's Contact Information**
Attachment D-Draft Vendor Service Agreement,attached as a separate document
Attachment E-Qualification Questionnaire**
Attachment F-Photo Locations
Attachment G-Documentation Checklist"
"Required to be completed and submitted.See Section 14.2,Part 1 for all required documents that need to be submitted.Failure to submit
all Items will be grounds for rejection of a bid as non-responsive to the specifications.
ITB 22-0024 Grounds Maintenance for Panther Island
Page 1 of 44
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1
FORT WORTH
BID SUBMISSION SIGNATURE PAGE
Event ID Page Invited: PUBLIC EVENT DETAILS
CFWCI-22-0024 2
Event Round Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB Grounds Maintenance for Panther Island 200 Texas St.(Lower Level,South)
Start Time Fsh Tama Fort Worth TX 76102
12 07 2021 17:00:00 CST Dl 05 J2021 13:30:00 CST United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned,by his/her signature,represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by
submitting and signing below,acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference,and agrees to be bound by the terms
therein. ` 1 n �+
Legal Company Name: 9?fr?s�J�eripn iq� 13�L� � T UY avr� 1oy,N; J�Kjot '1'pflcyayl
Company Address: 2LI00 Cgppess S-yreri
City,State,Zip: � St`��nT�
Vendor Registration No.:
Printed Name of Officer"Authorized Representative: 1 rSk lri m
Title: 'J` d �crL cC Ca reef `1�c�0<0) r A
Signature of Officer orAuthorized Representative:
Date: %3!2Z
Email Address: ° JP
Phone Number: 1 n ^14
Federal Identification Number(FID): 5'
Will agreement be available for Cooperative Agreement use*?Yes No
(*See Section 22.0,"Cooperative Purchasing"of Part 1,"Instructions")
ITB 22-0024 Grounds Maintenance for Panther Island
Page 2 of 44
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement
for Panther Island Bridges and Race Street 24 of 33
z
FORT WORTH
BID SOLICITATION
Event ID Page Invited: PUBLIC EVENT DETAILS
CFW01-22-0024 3
Event Round Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB Groands Maintenance for Panther Island 200 Texas St.(Lower Level,South)
Start Time Finish Time Fort Worth TX 76102
12 07 2021 17:00:00 CST 01/06/2022 13:30:00 CST United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 1
Description: Qty Unit UnItPrce Total
Panther Island Bed Maint.:Weed and Litter
Remove-Maintain planting beds&tree wells
litter/weedfree.Remove weeds/lifter from
site and dispose,Mulch should be in beds. 62.00 WK I /
Keep drains free of mulchidebshrubs;52 ts.e/y tree Nob
wells,33,500 s.f,of shrubs;52 time/yr
Line: 2
Description: City Unit UnitPrce_ Total
Panther Island:Asian Jasmine 9.00 MO
string
trimAl planting
all Asian Jasmine monthly and
string trim planting bed edges.March-October
Line: 3
Description; City Unit UnitPrice Total
Panther Island:Pruning all planting bed plants and
remove dead plants.-Trim all bedding plants and
shrubs,(except trees,jasmine and muhly)every other 5.00 ZA
month during growing season.Remove dead plants.
March thru October.
Line: 4
Description: Qty Unit UnitPrice Total
Panther Island:Mulching all beds in project
area-Annual labor cost for adding mulch to
all beds.Mulch should be level with edge of 1.00 YR
planter far all beds and tree wells.Annual LI k nr1 I Or^t
Service.Mulch billed separately 111� V
Line: 5
Description: City Unit UnitPrice Total
Panther Island:Maintain all Walkways in
project area-Maintain hard service areas
weed,litter,dirt and debris free.String 9.00 MO
trim weeds.Apply herbicide.Blow off or
sweep away debris.March-October.
Line: 6
Description: oty Unit UnitPrice Total
Panther Island:Round About Ornamental Grass
Trimming-Trim all ornamental(muhly)grass 1.00 YR
down to plant base in both roundabouts once
per year during off season.Includes disposal.
Line: 7
Description: Qtv Unit UnitPrice Total
Panther Island:Service 16 trash cans include
disposal-Service 16 on-site trash cans.Empty
cans,provide necessary can liners and 12.00 MO
dispose of trash at Contractors expense. u
Monthly. " , yeo
ITB 22-0024 Grounds Maintenance for Panther Island
Page 3 of 44
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement
for Panther Island Bridges and Race Street 25 of 33
FORT WORTH. 3
BID SOLICITATION
Event ID Page Invited: PUBLIC EVENT DETAILS
CFWO1-22-0024 4
Event Round Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB Grounda Maintenance for Panther Island 200 Texas St.(Lower Level,South)
Start Time Finish Time Fort Worth TX 76102
12 07 2021 17:00:00 CST o1/oB/2o22 13,30,00 CST United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 8
Description: City Unit UnitPrice Total
Panther Island:Fire Ant Control In project
area-Licensed Applicator Only-Perform annual
fire ant control with chemical such as Top
Choice®on all planting beds,traffic1.00 YR
dividers and roundabouts.Approx.
43,000 sq.
ft.Include Chemicals in cost.
Line: 9
Description: City Unit UnitPrice Total
Panther Island:Pre-emergent Application in
project area-Licensed Applicators Only-Apply
granular pre-emergent to all beds and tree wells in 3,00 EA
project area-approx.Includ1 acres; to 3 timeslyear F
upon request.include Chemicals in cost.
Line: 10
Description: City Unit UnitPrice Total
Panther Island:Post-emergent Herbicide Application-
Licensed Applicators Only
-Panther Island:Apply post-emergent to all beds and 3.00 EA
tree wells in project areas-1 acres;up to 3 times/
year upon request.Include Chemicals in cost.
Line: 11
Description: City Unit _ UnitPrice Total
Panther Island-Fertilizer-Licensed
Applicators Only-Panther Island-Fertilize
all beds and tree wells.Approx.18,500 1.00 YR
plants and 43,000 in entire project
area.Annually.Include
fertilizer in the cost.
Line: 12
Description: _ Qty Unit UnitPrice Total
On Call Bed Maintenance-Shrub/Plant Replacement
8,Removal-On call during regufarwork day. Hourly 100.00 HR
charge to plant or remove shrubs and plants upon
request.Location varies.
Line: 13
Description: Qtv Unit UnitPrice Total
On Call Bed Maintenance-Adding Mulch-On
call during work day.Hourly charge for 100.00 HR �"�
adding mulch to beds upon request.Does not
include mulch.Location needed varies.
Line: 14
Description: Qty Unit UnitPrice Total
On Call Bed Maintenance-Misc.Work-On call
during work day.Hourly charge for 100.00 HR
miscellaneous grounds maintenance work.
Location varies.
ITB 22-0024 Grounds Maintenance for Panther Island
Page 4 of 44
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement
for Panther Island Bridges and Race Street 26 of 33
FORT WORTH..
BID SOLICITATION
Event ID Page Invited: PUBLIC EVENT DETAILS
CFw01-22-0024 5
Event Round Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
TTH Grounds Maintenance for Panther Island 200 Texas St.(Lower Level,South)
Start Time Finish Time Fort Worth TX 76102
12 07 2021 17:00:00 CST 01/06/2022 13:30:00 CST United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 15
Description: Qty Unit UnitPrice Total
On Call Trash Can Servicing-On call during
regular work day.Cost to service 1 trash 15.00 EA
cans-on call in between regular service.
Includes disposal.Location varies.
Line: 16
Description: Qtv Unit UnitPrice Total
On Call Mowing-On call during work day.Price
of mowing per 0.1 acre of mowing as
requested.Mowing services includes litter
pickup and removal,mowing,edging,trimming 300.00 EA
and blowing debrislgrass clippings off of
hard surfaces.Location Varies.
Line: 17
Description: 9W Unit UnitPrice Total
On Call Fire Ant Control-On call during work
day.0.1 acre of fire ant control such as Top 10.00 EA
Choice®or similar.Location Varies.
Line: 18
Description: Qty Unit UnitPrice Total
On Call Herbicide Application-On call during work
day. 0.1 acre application of a post emergent weed 50.00 EA
killer.Location Varies.
Line: 19
Description: City Unit UnitPrice Total
Panther Island:Irrigation System Check-Check
irrigation and drainage system in each tree
well. Operate all zones,perform seasonal
watering adjustments,provide system status 10,00 MO
report. Winterize system in fall.March-
November.
Line: 20
Description: Qty Unit UnitPrice Total
Basic Irrigation Repairs-Perform basic
irrigation repairs to irrigation system
including but not limited to:sprinkler 100.00 HR
r e replacement.
drip and line repair/controller
replacement.Location varies
Line: 21
Description: Q Unit UnitPrice Total
Advanced Irrigation System
Repairs/Diagnostics-Perform advanced repairs
to irrigation system.This includes but is
not limited to diagnostics,wirelleak 75.00 HR
tracing,and error code resolution.Location
Varies.
ITS 22-0024 Grounds Maintenance for Panther Island
Page 5 of 44
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement
for Panther Island Bridges and Race Street 27 of 33
5
FORT WORTH
BID SOLICITATION
Event ID Page Invited: PUBLIC EVENT DETAILS
CFw01-22-0024 6
Event Round version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITa Grounds Maintenance for Panther Island 200 Texas St.(Lower Level,South)
Start Time Finish Time Fort Worth TX 76102
12 07 2021 17:00:00 CST 01/06/2022 13:30:00 CST United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 22
Descrintlon: QtY Unit UnitPrice Total
Race Street:Trim jasmine monthly,every other 12.00 MO
month during growing season.Remove dead plants.
March fhru October.
Line: 23
Description: City Unit UnitPrice Total
Race Street:Irrigation System Check-Check Irrigation
&drainage system In each tree well. Operate all 10.00 EA
zones,perform seasonal watering adjustments,
provide system status report. Wintenze system in fall.
March-November.
Line: 24
Description: QSY Unit UnitPrice Total
Race Street Bed Maintenance:Weed and Litter
Removal-2300-2700 Block-0.25 Miles-
Maintain all planting beds& tree wells
littertweed free. Remove weeds/litter from 40.00 WK
site and dispose.Ensure mulch is in beds and C
not on sidewalk. 25� I 0 O�tJ
Line: 25
Description:_ Qty Unit UnitPrice Total
Race Street:Pruning all planting bed plants and
remove dead plants.-Trim all bedding plants,except
jasmine which is to be trimmed monthly,every other 5.00 ZA
month during growing season.Remove dead plants.
March fhru October.
Line: 26
Description: Qtv Unit UnitPrice Total
Race Street:Mulch Application-Annual labor
cost for adding mulch to all beds.Mulch
1.00 YR
should be level with edge of planter for all q q
beds and tree wells.Annual Service. 2 1
Line: 27
Description: Qtv Unit UnitPrice Total
Race Street:Maintain Walkways-Maintain hard
service areas weed,litter,dirt and debris free.
g•00 MO
String trim weeds.Blow off or sweep away 1
debris.March-October.
Line: 28
Description: Qty Unit UnitPrice Total
Race Street:Service 16 trash cans,including
disposal-Service 16 on-site trash cans.Empty
cans,provide necessary can liners and 12,00 MO
dispose of trash at contractors expense.
Monthly,
ITS 22-0024 Grounds Maintenance for Panther Island
Page 6 of 44
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement
for Panther Island Bridges and Race Street 28 of 33
FORT WORTH V
r BID SOLICITATION
Event ID Page Invited: PUBLIC EVENT DETAILS
CFW01-22-0024 7
Event Round Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB Grounde Maintenance for Panther Island 200 Texas St.(Lower Level,South)
Start Time Finish Time Fort Worth TX 76102
12 07 2021 27:00:00 CST ol/06/2022 13:30:00 CST United States
Email; FMSPurchasingResponses@fortworthtexas.gov
Line: 29
Description: 4tv Unit UnitPrice Total
Race Street:Fire Ant Control.Perrorm annual fire
ant control such as Top Choice®on all planting 1.00 YR
beds,Approx 0.25 Acres. Include Chemicals in the
cost.
Line: 30
Description: _ oty Unit UnitPrice Total
Race Street:Pre-emergent
Application.Apply granular pre-emergent to all beds
and tree wells In project area-approx.0.25 acres;up 3.00 EA
to 3 timestyear upon request.Include Chemicals in
the cost.
Line: 31
Descri tlon: Q Unit UnitPrice Total
Race Street:Past-emergent Herbicide Application.
Licensed Applicators Only-Apply post-emergent to
all beds and tree wells in project areas-0.25 acres; 3.00 EA
up to cos year upon request. include Chemicals
in
in the cost.
Line: 32
Description: City Unit UnitPrice Total
Race Street:Fertilizer.Fertilize all beds and
tree wells.Approx.711 plants and 0.25 1.00 YR
Acres in entire project area.Annually.
Include fertilizer in the cost.
Total Bid Amount:
A bid of"0"will be interpreted by the City as a no-charge(free)item and
the City will not expect to pay for that item.A bid of"no bid"or no
response(space left blank)will be interpreted by the City that the Offerer
does not wish to bid on that item.Be advised,a"no bid"or no response
may be considered as non-responsive and may result in disqualification
of this bid.
�_Z_%Discount off MSRP for irrigation parts not listed needed for
repairs.
r %Discount off MSRP for plants,mulch,trees and landscape
items not listed needed for grounds maintenance.
(Aff goods and replacement parts may be added on an as needed
basis throughout the life of the agreement,therefore,the bidder
shall submit a price list for all available goods or replacement parts
with their bid submittal.)
ITB 22-0024 Grounds Maintenance for Panther Island
Page 7 of 44
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement
for Panther Island Bridges and Race Street 29 of 33
EXHIBIT C
INSURANCE
1. The Contractor will 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 must
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 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 City 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%.
3. Statutory Workers' Compensation Insurance and Employer's Liability Insurance at the following
limits:
$100,000 Each Accident
$500,000 Disease—Policy limit
$100,000 Disease—Each Employee
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with statutory
benefits outlined in the Texas Workers' Compensation Act(Art. 8308— 1.01 et seq.Tex.Rev.Civ.
Stat.) and minimum policy limits for Employers' Liability of$100,000 each accident/occurrence,
$500,000 bodily injury disease policy limit and$100,000 per disease per employee.
4. Commercial General Liability Insurance including Explosion, Collapse, and Underground
Coverage 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.
5. Auto Liability Insurance must be provided as follows:
$1,000,000 Combined Single Limit Each Accident
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement
for Panther Island Bridges and Race Street 30 of 33
A commercial business policy must provide coverage on "Any Auto",defined as autos owned,
hired and non-owned.
6. The Contractor must furnish the City's Purchasing Manager a certificate of insurance
documenting the required insurance prior to the commencement of Services.
7. 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.
8. Policies must 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 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 officers, 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 Worker's Compensation Affidavit
must be received before Contractor can begin work. 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.
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement
for Panther Island Bridges and Race Street 31 of 33
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.
10.10 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.
10.11 Contractor's liability must not be limited to the specified amounts of insurance required
herein.
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement
for Panther Island Bridges and Race Street 32 of 33
Cdyr of Fart Worth,Texans
Mayor and Council Communication
BATE: 03MT2 M&C FILE NUMBER: M&C22-0143
LOG NAME: 13P22-0024 GM FOR PANTHE R ISLAND 8 RAC E ST MGF
Sl19JECT
(CD 2 and CID 9)Authorise Encution of Agreement for Ground Maintenance Service at Panther Island and Race Street vWh Lawn Pard Seruioe,
rrc_and Presbyteran Night Shelter of Tanant County in an Annual Amount Up to$170,000.00 for the Parks and R,ecreabw DepartwY t and
Atrimrine Four One-Year Renewal Options for the Same Annual Amount
RECOMMENDATION-
It is rermmrnended that the City Ccundl author¢e agreement fir grounds maiierrance service at Panther Island and Race street uNlh Laren Patrol
Service,Inc.and Presbyterian 14glKShelter of Tarrant Countyin an annual arrant uptD$170.000.00 for the Parks and Rereation
Departrnew and authar¢efouronelear renewal optionsfor the same annual arrio t
DISCUSSION-
The Parks and Recreation Deparuvent approached the Purdnasing Division to Fnal¢e an agreement for ground maintenance for Panther Island
and Race Street The purpose at1ht5service is provide grounds nraintenarwesemices incdudhg planting bed maintenance,mowing,iffk*an
system checks and repairs,and litter and wash removal for the newly oxmpleted Panther Island trricl§e Ior-ations and Race Street sreetsrape. The
seruioewil aid the Deparrnent in ensuriQthew locations have regularfyrsdmduled attention needed to-thrive and rernanvisu*appeafng_To
procure these services,staff issued an Irritation ip Ord(ITB)22-M24_
The frB was advertised in the FzW W brth Star-TekVam 4n December 10.2021.December 23.2021,and December M.2021_Three bids were
received and were opened on January 6,2022.Bids were evaluated on a best value criteria irduding compediue pricing,bidders expek-nre
and the bidders abifty to meet the Crkfs needs_An evaluation ow rnit-e oornprised of City staff reviewed the re xmses and provided ratings
fartworesponses_BnghtYrewLarndsrapeServicesIn-wasdeemedrnon-resp siivebyPurichasiig because they did not submit all the reWired
infarnation ands documentation.
Bath Lawn Patrol Service,Inc.and Presbyterian NVASineterofTarrant County rnceNedtie hVnest ratings and have been detenoinedt3provk1e
the bestvalueto-the City c Fort Worth.Staff certifiesthat both Laren Patrol Service,Inc.and Preshyierian Night Shelterof Tarrant County meettote
requ i-emerrts stated in the speciicatims.No guaarntee was made that a specific amount of services would be puninased_
Renewal Temrs:The Agreement maybe renewed forfvu(4)orre-WwFernewal options forthesarrneannualamount The renewals donotrequire
specEc City Council approval as long as suficientfunds have been appropriated.
Awaiverafthe goal far Business Equity sutxanwao irg requirement is approved by Me DYIN-BE,in accordance with the Business Equity
Chdnanoe,because the purchase of goads or services is from souroes where subcorl ratting or supplier opportunities are negligible.
Funding is budgeted in the City Mowing account ofthe PAR Contract Mowing Deparnxmfs Ckneral Fund_
FISCAL INFORP&ATICIN 1 CERTIFICATION-
The Director of F-nance certifies that funds areavaiaNe in the current operating budgeLas prevkKmlyappuopriated_in the General Fund ID
support the approval cf the arbme reoxrinnerndatian and exectwn of the agreemem Prior to any expenditure being inruff ed t�e Parks and
Recreation Departrnertt has the nespansibity to validate the mailability of finds_
Submitted for City Manaoe c;Ofij a bv- Jay Chaps 5604
Originating 13usiness Unit Head- ReghaldZerm 8517
Additional Irnfarmatian Contact- Cynthia Garcia .55255
Megan Fowler 2057
Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement
for Panther Island Bridges and Race Street 33 of 33
4/21/22, 11:55 AM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FOT Wow
Create New From This M&C
DATE: 3/8/2022 REFERENCE**M&C 22- LOG NAME: 13P22-0024 GM FOR PANTHER ISLAND
NO.: 0143 & RACE ST MGF
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 2 and CD 9)Authorize Execution of Agreement for Ground Maintenance Service at
Panther Island and Race Street with Lawn Patrol Service, Inc. and Presbyterian Night
Shelter of Tarrant County in an Annual Amount Up to $170,000.00 for the Parks and
Recreation Department and Authorize Four One-Year Renewal Options for the Same
Annual Amount
RECOMMENDATION:
It is recommended that the City Council authorize agreement for grounds maintenance service at
Panther Island and Race Street with Lawn Patrol Service, Inc. and Presbyterian Night Shelter of
Tarrant County in an annual amount up to $170,000.00 for the Parks and Recreation Department and
authorize four one-year renewal options for the same annual amount.
DISCUSSION:
The Parks and Recreation Department approached the Purchasing Division to finalize an agreement
for ground maintenance for Panther Island and Race Street. The purpose of this service is provide
grounds maintenance services including planting bed maintenance, mowing, irrigation system checks
and repairs, and litter and trash removal for the newly completed Panther Island bridge locations and
Race Street streetscape. The service will aid the Department in ensuring these locations have
regularly scheduled attention needed to thrive and remain visually appealing. To procure these
services, staff issued an Invitation to Bid (ITB) 22-0024.
The ITB was advertised in the Fort Worth Star-Telegram on December 16, 2021, December 23, 2021,
and December 30, 2021. Three bids were received and were opened on January 6, 2022. Bids were
evaluated on a best value criteria including competitive pricing, bidders experience and the bidder's
ability to meet the City's needs. An evaluation committee comprised of City staff reviewed the
responses and provided ratings for two responses. BrightView Landscape Services Inc. was deemed
non-responsive by Purchasing because they did not submit all the required information and/or
documentation.
Both Lawn Patrol Service, Inc. and Presbyterian Night Shelter of Tarrant County received the highest
ratings and have been determined to provide the best value to the City of Fort Worth. Staff certifies
that both Lawn Patrol Service, Inc. and Presbyterian Night Shelter of Tarrant County meet the
requirements stated in the specifications. No guarantee was made that a specific amount of services
would be purchased.
Renewal Terms: The Agreement may be renewed for four (4) one-year renewal options for the same
annual amount. The renewals do not require specific City Council approval as long as sufficient funds
have been appropriated.
A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in
accordance with the Business Equity Ordinance, because the purchase of goods or services is from
sources where subcontracting or supplier opportunities are negligible.
Funding is budgeted in the City Mowing account of the PAR Contract Mowing Deparment's General
Fund.
FISCAL INFORMATION/CERTIFICATION:
apps.cfwnet.org/council_packet/mc_review.asp?ID=29695&councildate=3/8/2022 1/2
4/21/22, 11:55 AM M&C Review
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, in the General Fund to support the approval of the above recommendation
and execution of the agreement. Prior to any expenditure being incurred, the Parks and
Recreation Department has the responsibility to validate the availability of funds.
BQN\\
TO
Fund Department Account ProjectFO rogram Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID I ID I I Year (Chartfield 2)
Submitted for City Manager's Office by_ Jay Chapa (5804)
Originating Department Head: Reginald Zeno (8517)
Additional Information Contact: Cynthia Garcia (8525)
Megan Fowler (2057)
ATTACHMENTS
13P22-0024 GM FOR PANTER ISLAND MGS.docx (CFW Internal)
Copy of FIDS table Panther Island-Race Street.xlsx (CFW Internal)
Lawn Patrol 1295 Form.pdf (CFW Internal)
PNS 1295.pdf (CFW Internal)
SAMs Lawn Patrol Service Inc.pdf (CFW Internal)
SAMs Presbyterian Night Shelter of Tarrant County_Qpp f (CFW Internal)
Waiver 220024 Ground Maintenance for Panther Island.pdf (CFW Internal)
a pps.cfwnet.o rg/council_packet/mc_review.asp?I D=29695&cou nci Idate=3/8/2022 2/2