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Home My WebLink AboutContract 57501 City Secretary Contract No. 57501 WORTH,.,.., FORT SERVICES AGREEMENT This SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and CIVILIAN DIVISION LLC d/b/a GI-Mow ("Vendor"), a Texas LLC and acting by and through its duly authorized representative, each individually referred to as a "party"and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Services Agreement; 2. Exhibit A—Scope of Services; 3. Exhibit B—Price Schedule; 4. Exhibit C— City's ITB No.22-0034 5. Exhibit D— Contractor's Bid Response to City's ITB No. 22-0034; and 6. Exhibit E—Verification of Signature Authority Form. Exhibits A, B, C, D, and E, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A,B, C, or D and the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement shall control. 1. Scone of Services. Contractor shall provide ground maintenance and other related services ("Services")on I-35/I-30 for the City of Fort Worth Code Compliance Department on an"as needed"basis. Details of Services and all requirements related to such Services, are set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. 2. Term. This Agreement begins on April 12,2022 ("Effective Date")and expires on April 11,2023("Expiration Date"),unless terminated earlier in accordance with this Agreement("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions,for up to four (4) one-year renewal option(s)(each a"Renewal Term"). 3. Compensation. City will pay Contractor in accordance with the provisions of this Agreement,including Exhibit"B,"which is attached hereto and incorporated herein for all purposes. Total compensation,per year,under this Agreement will not exceed Three Hundred Twenty-Seven Thousand Five Hundred Twenty-Five Dollars and No Cents ($327,525.00). Contractor understands that the total compensations is a not to exceed amount and that the City makes no promise or guarantee of the total amount of work that will be assigned to the Contractor under this Agreement. Contractor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses OFFICIAL RECORD Vendor Services Agreement Page 1 of 86 CITY SECRETARY FT. WORTH, TX in writing. 4. Termination. 4.1. Written Notice. City or Contractor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Contractor for services actually rendered up to the effective date of termination and Contractor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Contractor will provide City with copies of all completed or partially completed documents prepared under this Agreement. hi the event Contractor has received access to City Information or data as a requirement to perform services hereunder, Contractor will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. hi the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Contractor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure underthe Texas Public Information Act. hi the event there is a request for information marked Confidential or Proprietary, City will promptly notify Contractor. It will be the responsibility of Contractor to submit reasons objecting to disclosure.A determination on whether such reasons are sufficient will not be decided by City,but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Contractor must store and maintain City Information in a secure manner and will not allow unauthorized users to access,modify,delete or otherwise corrupt City Information in any way. Contractor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised,in which event, Contractor will,in good faith,use all commercially reasonable efforts to cooperate with City Vendor Services Agreement Page 2 of 86 in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Ri2ht to Audit. Contractor agrees that City will, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents,papers and records,including,but not limited to,all electronic records,of Contractor involving transactions relating to this Agreement at no additional cost to City. Contractor agrees that City will have access during normal working hours to all necessary Contractor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Contractor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Contractor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of 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 officers, agents, servants, employees, Contractors, and subcontractors. Contractor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, contractors, and subcontractors. 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 City will in no way be considered a Co-employer or a Joint employer of Contractor or any officers,agents,servants,employees,contractors,or subcontractors. Neither Contractor,nor any officers,agents, servants, employees,contractors, or subcontractors of Contractor will be entitled to any employment benefits from City. Contractor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors. 8. Liability and Indemnification. 8.1 LIABILITY- CONTRACTOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCL UDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION- CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS, AGENTS,SERVANTSAND EMPLOYEES, FROMAND AGAINSTANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS(INCL UDINGALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANYAND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. Vendor Services Agreement Page 3 of 86 9. Assignment and Subcontracting. 9.1 Assignment. Contractor will not assign or subcontract any of its duties,obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment,the assignee will execute a written agreement with City and Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor will be liable for all obligations of Contractor under this Agreement priorto the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute a written agreement with Contractor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Contractor under this Agreement as such duties and obligations may apply. Contractor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Contractor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Contractor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle"will be any vehicle owned,hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability(Errors &Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Vendor Services Agreement Page 4 of 86 Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims-made,and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees,officers,officials,agents,and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery)in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A-VII in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Contractor has obtained all required insurance will be delivered to the City prior to Contractor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws,Ordinances, Rules and Regulations. Contractor agrees that in the performance of its obligations hereunder,it will comply with all applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor must immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Contractor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, CONTRACTOR Vendor Services Agreement Page 5 of 86 AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or(3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To CONTRACTOR: City of Fort Worth Civilian Division LLC d/b/a GI-Mow Attn: Assistant City Manager Curtis Kinsey, Owner 200 Texas Street 4170 Willman Ave Fort Worth,TX 76102-6314 Richland Hills TX, 76180 Facsimile: (817) 392-8654 Email: curtiskgi-mow.com With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Employees. Neither City nor Contractor will, during the term of this Agreement and additionally for a period of one year after its termination,solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law/Venue. 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, is brought pursuant to 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. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Maieure. 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 Vendor Services Agreement Page 6 of 86 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 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 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A,B, and C. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Contractor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty(30)days from the date that the services are completed.In such event,at Contractor's option,Contractor will either(a)use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Contractor for the nonconforming services. 25. Immigration Nationality Act. 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, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Contractor, will have the right to immediately terminate this Agreement for violations of this provision by Contractor. 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers,procedures,guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City Vendor Services Agreement Page 7 of 86 will be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first).Each copytightable aspect of the Work Product will be considered a"work-made- for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product,or any part thereof,is not considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Contractor hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein,that City may have or obtain,without further consideration, free from any claim,lien for balance due,or rights of retention thereto on the part of City. 27. Signature Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Contractor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Chan2e in Company Name or Ownership. Contractor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Contractor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action,or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29. No Boycott of Israel. 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. 30. Prohibition on Boycotting Ener2v Companies. 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. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor Services Agreement Page 8 of 86 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 entity or firearm trade association; and (2)will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 32. Electronic Signatures. 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. 33. Entirety of Agreement. This Agreement,including all attachments and exhibits,contains the entire understanding and agreement between City and Contractor, their assigns and successors in interest, 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. [Signature Page to Follow] Vendor Services Agreement Page 9 of 86 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: " By signing I acknowledge that I am the person responsible for the monitoring and administration of By. Valerie Washington(Apr29,202215:21 CDT) this contract,including ensuring all performance and Name: Valerie Washington reporting requirements. Title: Assistant City Manager J. By: Oneil Johnson(Ap 28,2022 07:38 CDT) APPROVAL RECOMMENDED: Name: Oneil Johnson Title: Superintendent APPROVED AS TO FORM AND LEGALITY: By: Name: Chris McAllister Title: Acting Asst. Director By: ATTEST: Name: Christopher Austria Title: Assistant City Attorney CONTRACT AUTHORIZATION: By: JkffietteS.Goodall(May4,202209: DT) M&C: 22-0263 04/12/2022 Name: Jannette S. Goodall 4444�n�n� Form 1295: 2022-848210 Title: City Secretary p�7 FoF�Rr P 0 d 0-o °0. O CONTRACTOR: SEX ASoAa Civilian Division LLC d/b/a GI-Mow Curt k k'i� Curtis Kinsey(Apr 27,2612 15:19 CDT) By: Name: Curtis Kinsey Title: Owner OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement Page 10 of 86 City Secretary Contract No. EXHIBIT A SCOPE OF SERVICES 1.0 SCOPE OF WORK 1.1 The work covered by these specifications consists of specific grounds maintenance and litter/trash collection and removal services along Interstate Highway 30 between Riverside Drive and Camp Bowie Boulevard and Interstate 35 between Jessamine and Spur 280. 1.2 Additional grounds maintenance and litter/trash collection and removal services along roadways or in additional areas not specified by the Service Areas Maps are on an as needed basis. 1.2.1 Pesticide and herbicide treatment requires an Applicator's license. This treatment may be used to kill fungus,bacteria, insects,plant diseases, snails, slugs or weeds, on an as needed basis. 2.0 DEFINITIONS 2.1 CHEMICAL TRIMMING - Shall refer to the use of an herbicide (such as Roundup and/ or an approved equal containing a pre-emergent such as Surf LAN or an approved equal) as an alternative to the physical removal or cutting of plant material from area to be trimmed. 2.1.1 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. 2.1.2 NOTE: CHEMICAL TRIMMING WILL NOT BE ACCEPTABLE FOR THE EDGING OF CURBS OR CONCRETE SIDEWALKS OR TRAILS. CHEMICAL EDGING OF ASPHALT SIDEWALKS IS ALLOWED; HOWEVER, EDGED/TREATED AREA SHALL NEVER EXTEND FARTHER THAN 4" PAST THE EDGE OF THE ASPHALT SIDEWALK, AND ALL DEAD GRASS/WEEDS MUST BE REMOVED. 2.2 CLUMPED GRASS CUTTINGS - (Wind Rows) Shall refer to any accumulation of cut grass that on the day the mowing occurs exceeds six (6) inches in height. These clumps are typically found in areas where mowing equipment has turned, reversing directions. 2.3 CONCURRENT- Shall refer to all mowing, trimming, and litter removal on any given item being completed on the same day. Should a given area be too large to complete in a single day, any areas that have been mowed must be trimmed, and litter removed the same day the mowing occurs and, mowed grass shall be blown or swept off of all curbs, gutters, sidewalks, trails and other hard surfaces. 2.4 CONCURRENT CONTRACTS - In the event that any one Contractor is awarded contracts for mowing more than one project area, the Contractor shall proceed with work simultaneously in all areas awarded. 2.5 CONTRACTOR CALL-BACK-When a Contractor is called to address a complaint, rework or non-performance. Vendor Services Agreement—EXHIBIT A Page 11 of 86 2.6 CONTRACT ADMINISTRATOR- Shall mean the duly authorized representative of CODE who shall monitor the contractor's performance. 2.7 EDGING -Shall be so that grass and weeds do not extend over the edge of the walks, trails, drives or curbs more than '/ inch nor will they be cut back from the edge of walks, trails, or curbs more than '/ inch. 2.8 GROUNDS MAINTENANCE PROJECT AREA -Shall refer to specific geographic area(s) and sections within each area of the City designated to receive specified grounds maintenance services. 2.9 HARD SURFACE MEDIANS - End caps or traffic islands within or adjacent to the contracted area, which are not specifically identified in these specifications, shall be deemed to be a part of the contracted area. 2.10 ILLEGAL DUMP SITE -A pile of debris larger than three (3) cubic yards. 2.11 INCLEMENT WEATHER- Shall mean rainy/wet weather or when the condition of the soil is such that the rutting of property will occur and cutting of grass cannot be accomplished safely or satisfactorily that is in a manner that will not rut up or cause any damage to the turf. 2.12 MAINTENANCE SCHEDULE -Shall mean the time periods established by the City for the mowing season within which all prescribed maintenance activities for each area shall be completed. 2.13 MOWING HEIGHT—Shall refer to the setting of mowing equipment to cut grass to a height of four(4) inches. The Contract Administrator may make changes in the height requirements. Mowing below the heights stated above may result in liquidated damages when turf is damaged, e.g. scalping occurs. Repeated damage to turf may result in contract termination. 2.14 NON-MOW AREA -An area of land designated for wildflowers, flowers or natural regeneration of native grasses. 2.15 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 Natural Resource Conservation Commission and are announced via television, radio, and TXDOT highway information boards. 2.15.1 Contractors are not to use any motorized equipment between the hours of 6AM and 10AM on these days, unless the equipment uses propane, diesel or compressed natural gas as a fuel source or meets California Air Resources Board (CARB) Revision #2, standards. 2.16 TRASH AND LITTER-Shall mean any and all debris within the grounds maintenance project area including, but not limited to furniture, appliances, tires, construction material, paper, plastic, cans, bottles (including broken glass), bottle tops, cardboard, rags, limbs four(4) inches or smaller in diameter and branches, 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 entire project area including streets, sidewalks, curbs, hillsides, ditches, creeks, etc. An acceptably policed area that is considered neat and clean shall be free of such trash and litter. Any illegal dumping should be reported to the Contract Administrator. An illegal dump site will be defined as a pile of debris larger than three (3) cubic yards or about the size of a refrigerator. Vendor Services Agreement Page 12 of 86 2.17 TRIMMING -Shall refer to the cutting or removal of all plant life adjacent to any fence line, pole, guy wire, sign, guard rail, sidewalk and curb. 3.0 CONTRACTOR LABOR AND PERSONNEL 3.1 The Contractor shall provide all necessary labor to perform the services specified herein. 3.2 All subordinate personnel (employees below Team Leader level) shall have at least six (6) months experience providing grounds maintenance services as detailed in this document. 3.3 All personnel working on the City contract shall be considered the Contractor's employees, not City employees. 3.4 All personnel shall be at least 17 years of age. 3.5 All personnel shall be trained by the Contractor to ensure proper techniques are used. 3.6 The Contractor shall assign sufficient grounds maintenance personnel (2-3 crews composed of 3-4 personnel) to meet the specified performance level. 3.7 The Contractor shall provide trained substitute personnel for any grounds maintenance personnel not present for work. 3.8 The Contract Administrator may request the Contractor to remove any employee for cause, including but not limited to: poor or nonperformance of work,theft, abusive language or behavior. 3.9 Contractor personnel shall wear bright safety vests and construction hard hats at all times when providing services to the City of Fort Worth. 4.0 CONTRACTOR RESPONSIBILITIES 4.1 Contractor shall provide grounds maintenance (litter/trash pickup, mow, edge and trim, all turf areas) in a typical year in March, April, June, September, October, and December but up to six (6) times a year. Contractor shall collect and remove all litter/trash and debris two times on a monthly basis through the year(in months where a mow cycle is required, the litter removal prior to mowing will count as one of the months litter removal times), Up to eighteen (18) standalone litter/trash removal times (without mowing) could potentially be required from the contractor. Contractor shall space service at least two (2) weeks apart between areas during the months of bi-monthly services. Litter removal only will be completed typically in January, February, April, May, July, August, October and November. 4.2 CONTRACTOR SHALL REMOVE ALL TRASH AND LITTER FROM THE ENTIRE AREA PRIOR TO INITIATING ANY MOWING OF THE TURF AREA. Failure to remove litter/trash prior to mowing will result in the Contractor being required to return to site and remove all new litter/trash as well as all mowed litter/trash. Any papers, cans, or bottles cut or broken during maintenance operations shall be completely removed from the site immediately prior to proceeding with the maintenance of other areas. All trash and litter shall be disposed of by the Contractor at an off-site location procured by the Contractor at his/her sole expense. 4.3 Contractor shall use reasonable care to avoid damaging buildings, equipment and vegetation on City or any other public or private property. This includes, but is not limited to irrigation heads, fences, mailboxes, etc. The Contractor must assess the area to be mowed prior to Vendor Services Agreement Page 13 of 86 starting and make necessary adjustments not to cut or damage irrigation heads. If the Contractor's failure to use reasonable care causes damage to any property, the Contractor shall replace or repair the damage at no expense to the City. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. 4.4 Contractor shall maintain sharp blades on all mowing equipment so as to cleanly cut, not tear, the blades of grass. All grass shall be cut at a height of four (4) inches. Upon completion, a mowed area shall be free of clumped grass cuttings and tire tracks and ruts from equipment. Turf shall be cut in a manner so as not to scalp turf or leave areas of uncut grass. Care shall be taken to prevent discharge of grass clippings onto any paved surface such as streets, curbs and gutters, parking lots, sidewalks, concrete pads, creeks, lakes or ponds and/or onto adjacent properties. Any material so discharged shall be removed prior to leaving the project area. The Contractor shall dispose of all trash and litter at an off-site location procured by the Contractor at her/his sole cost and expense. 4.5 All structures, trees, poles, tables, signs, fences, and shrub beds are to be trimmed closely, where applicable. Special care shall be given to trimming around trees so as not to inflict damage to the bark of the trees. Trim guards should be used on line\trimmers when working around trees and ornamental shrubs. All trimming shall be accomplished maintaining the required 2" or 3" cutting height depending on project area and cycle frequency. ALL TRIMMING MUST BE ACCOMPLISHED CONCURRENTLY WITH MOWING OPERATIONS. Trimming can be reduced by chemical edging, with prior written approval of the Contract Administrator. 4.6 All vegetation in cracks, seams, and joints of paved areas such as sidewalks, curbs, gutters two (2) feet out from the curb, and driveways shall be cut down to the pavement surface during the completion of each mowing cycle, where applicable. The use of herbicides to control such growth may be permitted with the prior written approval of the Contract Administrator and in accordance with all applicable State laws and regulations. 4.7 Grounds Maintenance 4.7.1 Contractor shall be responsible for: 4.7.1.1 Collecting and removing all litter prior to mowing activities; 4.7.1.2 Mowing all areas listed on each map; 4.7.1.3 Edging all curbs and sidewalks; 4.7.1.4 Trimming all turf and volunteer vegetation, weeds and crack-grass along pavement, including expansion cracks extending two feet on the pavement, curbs and around or on signs, posts, guard rails, sidewalks, and other obstacles; 4.7.1.5 Removing all trash and litter from the site. 4.7.2 Contractor shall document litter/trash collection and removal prior to mowing through providing an electronic or digital photo image of the area before and after litter/trash collection and after mowing completed areas; 4.7.2.1 Litter/trash includes, but is not limited to, plastic, cans, tires, bottles. cardboard, rags, limbs and branches, rocks and other similar solid Vendor Services Agreement Page 14 of 86 materials and foreign debris which are not intended to be present as part of the landscape. 4.8 Litter/trash Removal Only 4.8.1 Litter/trash Removal shall consist of the removal of any and all debris within the grounds maintenance project area including, but not limited to furniture, appliances, tires, construction material, paper, plastic, cans, bottles (including broken glass), bottle tops, cardboard, rags, limbs four(4) inches or smaller in diameter and branches, rocks, and other similar solid materials and foreign debris which is not intended to be present as part of the landscape. 4.8.2 Contractor shall document litter/trash collection and removal through providing an electronic or digital photo image of the area before and after litter/trash collection has occurred. 4.9 TREES AND SHRUBS 4.9.1 NO PRUNING OF ANY TREE SHALL BE PERMITTED, UNLESS SPECIFIED OTHERWISE IN THESE SPECIFICATIONS. Trash and litter shall be removed from ornamental flower and planting beds during each mowing cycle. Mulch rings shall be reshaped prior to leaving project site when dislodged by mowing equipment. Severe damage to trees will result in replacement or compensation of trees by the Contractor. Failure to replace damaged trees shall be considered a breach of contract and Contractor shall be assessed for damages. Slight or moderate damages to trees will result in assessment of damages. 4.9.2 ASSESSMENT OF DAMAGES TO TREES DURING GROUNDS MAINTENANCE OPERATIONS: 4.9.2.1 The Contractor will check trees in the contract area before contract work begins, any damage will be noted and reported to the Contract Administrator. 4.9.2.2 The Contract Administrator will conduct random checks of the trees during the Agreement period. 4.9.2.3 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. 4.9.2.4 Damages shall be documented by memo to the City Forester with copy to contract file and the Contractor. 4.9.2.5 Contractor may have the option of replacement or payment for severely damaged trees at a location to be designated by CODE. Replacement shall be made on caliber inch per caliper inch basis with a minimum size of replacement tree of 2" in caliper. The Contractor shall be responsible for the planting, watering, mulching and maintenance of replacement trees for a period of not less than two (2) years. Any tree that does not survive the two (2) year established period shall be compensated for by the Contractor to CODE a rate of$200.00 per caliper. 4.9.2.6 Damages shall be assessed at a rate of: $100.00 for each instance of slight damage to tree(s), this is damage that may heal; examples include Vendor Services Agreement Page 15 of 86 but are not limited to scaling of the trunk into the cambial layer'/z" to 2" in width but less than 1/3 trunk circumference or breaking of limbs 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 tree(s)which in the opinion of the City Forester contribute to the poor health and reduced longevity of the tree examples would include but are not limited to scaling of the trunk into the cambial layer greater than 2" but less than 1/3 the trunk circumference or breaking of limbs more than 2" in diameter but less than 1/3 caliper. Severe damage or removal of trees is subject to penalty of$200.00 per diameter inch of trees removed or damaged for trees less than 30" $400.00 per diameter inch of trees greater than 30". Severe damage or removal shall include but is not limited to scaring of the trunk to the cambial layer greater than 1/3 the trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch greater than 1/3 of trunk caliper. Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back to according to American National Standards Institute (ANSI) standards. Trees greater than 6" in caliper shall be measured using diameter at breast height (DBH). In addition to any penalties or damages assessed by Parks and Recreation Department (PARD),trees severely damaged or removed shall also be subject to fines and penalties of the Tree Conservation Ordinance of the Fort Worth Zoning Code. Trees that must be removed due to damage caused by the Contractor shall be removed by the Forestry Section Tree Removal Contractor at the Mowing Contractor's expense. 4.9.2.7 Failure to replace or pay for damaged trees shall result in a breach of contract and the Contractor will be automatically assessed damages. Damages as described herein shall be deducted from payments otherwise due to the Contractor. 4.10 REMOVAL OF GRASS CLIPPINGS 4.10.1 Removal of cut grass from turf areas will not be required, unless otherwise specified by the Contract Administrator. Cut grass and debris that falls or is thrown by equipment upon the pavement, streets, curb, gutter, sidewalks, or adjacent properties through the action of the crew shall be removed prior to leaving the project area. 4.10.1.1 EDGING -of sidewalks, driveways and curbs, where applicable, shall be accomplished so that grass and weeds donot extend over the edge of the walks, trails, drives or curbs more than % inch nor will they be cut back from the edge of walks, trails, drives or curbs more than %inch. All concrete sidewalks, trails, curbs, walking paths and steps must be mechanically edged exposing concrete surface. The Contractor may use a disc edger on a mower or similar device to edge medians so long as the produced edge meets the standard set forth, above. All material dislodged by edging shall be removed from the site or blown back onto grass areas so as to leave a clean appearance. Concrete sidewalks shall be edged on both sides. 5.0 SCHEDULING 5.1 Contractor shall submit a written maintenance schedule (including start day and estimated days for completion for both services: mowing and litter only) for each project area prior to the Vendor Services Agreement Page 16 of 86 end of the first mowing cycle. Upon approval by the Contract Administrator, the contractor will maintain this schedule throughout the mowing season. The second mowing cycle work order will not be issued until the written schedule is received and approved. If contractor expects to vary from the schedule, the contractor shall notify the Contract Administrator of the variation at least three (3) days in advance and specify an alternate completion schedule. Alternate completion schedules are subject to approval by the Contract Administrator. NOTE: Contractor will be paid only for work actually accomplished during the established mowing cycle, unless due to weather or other valid reason the Contract Administrator has granted an extension to the schedule mowing cycle. 6.0 SUPERVISION OF WORK CREW 6.1 Contractor shall provide supervision of all work crews while performing work under this Agreement. On-site supervision is not required as long as communication equipment is provided which enables the work crew to communicate with a project supervisor at all times. Each work crew shall have a designated person on the work site that has the authority to respond to inquiries about work details or priorities. 7.0 EVIDENCE OF COMPLETION 7.1 The Contractor shall: 7.1.1 Use the MyFW contractor work app to document completions of each required work order. 7.2 Contractor shall have a cell phone camera capable of capturing and downloading pictures that document each completed work order on contractor work app. 7.3 Contractor shall provide photographic evidence of each work order through the use of MyFW contractor work app. 7.3.1 Photographs submitted by Contractor shall: 7.3.1.1 Be taken prior to commencement of work that accurately depicts the location designated on the work order, and upon completion, show the work performed. Photographs shall be landscape or panoramic view and taken at the same angle prior to services performed and following services. 7.3.1.2 Be in color. 7.3.1.3 Be submitted electronically with the matching work order and invoice to the assigned Contract Administrator listed on the work order. 7.3.1.4 Be submitted via email to Contract Administrator. 8.0 EQUIPMENT REQUIREMENTS 8.1 The Contractor shall have available all equipment listed in Part 2, Section 5.1.3, and material upon arrival at job site or prove that Contractor has access to all equipment necessary to perform all work outlined in this Agreement. Failure to do so is cause for rejection of a bid and/or breach of contract. 8.2 All equipment shall be in good repair at all times and be operated by a responsible employee. Vendor Services Agreement Page 17 of 86 9.0 DELIVERY AND PERFORMANCE 9.1 Upon issuance of a work order, the Contractor shall begin work and shall proceed with all reasonable dispatch to complete it (Reference Section 18.2). The Contractor shall maintain the same schedule as the one submitted to the Contract Administrator at the beginning of the mowing season. 9.2 The Contractor shall be required to maintain all project areas assigned during the maintenance cycles for each project area. 9.3 Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Contractor's obligation with respect to such performance shall continue in full force and effect. 9.4 The Contract Administrator has the authority to cancel scheduled mowing cycles on a week- to-week basis. The cancellation will be based upon need, prevailing weather conditions and available funding. 9.5 The Contractor shall be notified of any cancellations. The City reserves the right to perform grounds maintenance operations during canceled cycles. 9.6 Contractors may be required to return to maintain specific locations during canceled cycles or after regular season mowing has ended. Any such call back work shall begin within two (2) working days of the request to perform work and shall be completed in a timely manner. 9.7 Maintenance Schedule and Liquidated Damages 9.7.1 Failure on the part of the Contractor to maintain the required maintenance schedule or meet contract specifications may result in liquidated damages. assessment may be as much as two hundred fifty dollars ($250.00) per day in liquidated damages for incomplete work in the project area; until all work is completed (liquidated damages shall not exceed the total dollars for the incomplete project location, per cycle). 9.7.1.1 Liquidated damages shall be on the specific area(s)that were not completed and identified by the Contract Administrator. The Contractor shall have 48 hours to complete the missed areas after Administrator notification before liquidated damages are assessed. 9.7.1.2 Contractor should have 48 hours to complete an area after notice to proceed is issued by the Contract Administrator. 9.7.2 FAILURE TO MEET THE CONTRACT REQUIREMENTS ON MORE THAN ONE OCCASION WITHIN THE SPECIFIED MAINTENANCE SCHEDULE MAY RESULT IN THE TERMINATION OF THE CONTRACT. 10.0 WORK ORDERS 10.1 A work order will consist of a written document specifying the type of work. Contractor name, project area, maintenance cycle, beginning and ending date, and comments. A work order is issued on the beginning date of each mowing cycle. The Contractor shall not begin work on the project area until a work order is received. The work order shall be considered complete when all work in the project area has been inspected and approved by the Contract Administrator. Both the Contract Administrator and Contractor indicating agreement with the information on the work order including any comments noted by the Vendor Services Agreement Page 18 of 86 Contract Administrator will then sign the work order. The completed work order sheets shall be attached to the monthly invoices verifying work performed. It is mandatory that all work orders be signed after completion of each cycle before a new work order may be issued. Failure to obtain a work order prior to beginning a maintenance cycle can result in non-payment for work performed. 10.2 Upon issuance of a work order, the Contractor shall begin work within three (3) work days of submitted schedule or receipt of additional work orders and shall proceed with all reasonable dispatch to complete work within three (3) work days of submitted schedule or receipt of additional work orders. A work day is defined as Monday through Friday. The Contractor shall maintain the same schedule as the one submitted to the Contract Administrator at the beginning of the mowing season. The Contractor will be required to maintain all project areas assigned during the maintenance cycles for each project area. Inclement weather may result in the cancellation of a mowing cycle, only if the Contract Administrator determines that there was an insufficient time period available during the mowing cycle for the services to be performed. The Contractor may be required to return to maintain specific locations due to incomplete work. Any such call back must be completed within two (2) calendar days of the request. Failure to do so will result in non- payment of the service area. Repeated failure to do so may result in liquidated damages and contract termination. It shall be presumed that the Contractor can perform said services at the minimum rate of 25 acres per day per project area. 10.2.1 The Contractor must use the most recent format or version of the completion sheet provided by the Contractor Administrator at all times. Contractor will not be paid for completions submitted on any other format or version of the completion sheet. Completion sheet shall consist of a written document, specifying the type of work, Contractor's name, project area, maintenance cycle, beginning and end dates, and completion date. 10.2.2 The Contractor shall not begin work on the project area until a work order is received. Failure to obtain a work order prior to beginning a maintenance cycle can result in non-payment for work performed. 10.2.3 The Contractor shall submit each day's completions that are ready for inspection on the work order to the Contract Administrator within the first regular work day after the maintenance is completed. Failure to contact the assigned Contract Administrator on the next regular work day after work is completed on an area can result in liquidated damages and may lead to the termination of the Agreement. 10.2.4 The work order shall be a considered complete when all work in the project area has been inspected and approved by the Contract Administrator. 10.2.5 Failure to submit a completion sheet or obtain approval for any delay from the assigned Contract Administrator on the next regular work day after work is completed may result in the Contractor not being paid for the work. 10.2.6 Failure to complete work in accordance with the approved schedule and/or submit the completion sheets within required timeframes may result in liquidated damages and/or contract termination. 11.0 STREET USE PERMIT 11.1 The Contractor will be required to obtain a "Street Use Permit" prior to starting work. Contact Charles McLure at (817) 392-7219 for further instructions. Vendor Services Agreement Page 19 of 86 11.2 The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Street and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways"' codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. 11.3 The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required maintenance, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division at phone number (817) 392- 7738, to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with temporary sign meeting the requirement of the above reference manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall not be left in place until the temporary sign requirements are met.When work is completed to the extent that the permanent sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to re- install the permanent sign and shall leave the temporary sign in place until such re- installation is completed. 12.0 INSPECTION AND ACCEPTANCE 12.1 Contract Administrator will be responsible for making inspections, monitoring the Contractor's activities and ensuring the work is performed in accordance with the Agreement specifications. The Contract Administrator shall record, process and submit all pertinent information to the Agreement file for determination of termination of Agreement or for non- renewal. Copies of documents related to inadequate performance will be submitted to the Purchasing Division. 12.2 In the event the Contractor fails to perform according to the terms of this Agreement, , the Contract Administrator will notify the Contractor, in writing, of its failures. A meeting may be arranged to discuss the Contractor's deficiencies. A written cure notice will be prepared giving the Contractor ten (10) calendar days to cure any deficiency. In the event the Contractor continues with unsatisfactory performance, the Contract Administrator will promptly notify the Buyer of record or the Purchasing Division or his/her designee who will take appropriate action to cure the performance problem(s), which could include cancellation, termination for convenience or default. 12.3 The City reserves the right to terminate this Agreement, or any part hereof, for its sole convenience. In the event of such termination,the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Payment to the Contractor will be based on actual quantities of work performed and accepted by the City. 13.0 CONTACT 13.1 Contractor shall email each day's completions and attach before and after digital photos of area(s) that are ready for inspection to the Contract Administrator. The photos shall be submitted the first regular work day after the maintenance is completed. Failure to contact the assigned Contract Administrator on the next regular work day after work is completed on an area can result in liquidated damages and may lead to the termination of the Agreement. 14.0 LAWS, REGULATIONS AND ORDINANCES Vendor Services Agreement Page 20 of 86 14.1 The Contractor shall be responsible for meeting al Federal: laws, ordinances and regulations; State: laws, ordinances and regulations; County: laws, ordinances and regulations; and City: laws, ordinances and regulations for safety of people, environment, and property. This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Contractor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Contractor to comply. 15.0 INVOICING REQUIREMENTS 15.1 The City of Fort Worth has begun implementing an automated invoicing system. 15.2 The Contractor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoices@fortworthtexas.gov. This email address is not monitored so please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. 15.3 Please include the following on the subject line of your e-mail: Contractor name, invoice number, and PO number, separated by an underscore (ex: Example, I nc._123456_FW0130000001234) 15.4 To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: • All invoices must be either a PDF or TIFF format. • Image quality must be at least 300 DPI (dots per inch). • Invoices must be sent as an attachment (i.e. no invoice in the body of the email). • One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. • Please do not send handwritten invoices or invoices that contain handwritten notes. • Dot matrix invoice format is not accepted. • The invoice must contain the following information: • Supplier Name and Address; • Remit to Supplier Name and Address, if different; • Applicable City Department business unit# (i.e. FW013) • Complete City of Fort Worth PO number(i.e. the PO number must contain all preceding zeros); • Invoice number; • Invoice date; and • Invoices should be submitted after delivery of the goods or services. 15.5 To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov. To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ FIN AccountsPayablea-fortworthtexas.ciov. Vendor Services Agreement Page 21 of 86 15.6 If you are unable to send your invoice as outlined above at this time, please send your invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for faster processing. 15.7 If electronic invoicing is not possible, you may send your paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth, Texas, 76102 The City's goal is to receive 100% of invoices electronically so that all supplier payments are processed efficiently. To achieve this goal, we need the Contractor's support. If Contractor has any questions, please contact the Accounts Payable team at (817) 3922451 or by email to ZZ FIN AccountsPayablea-fortworthtexas.ciov. 15.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Contractor's request. Vendor Services Agreement Page 22 of 86 City Secretary Contract No. SERIVCE AREA MAPS CB=Camp Bowie DOWNTOWN CORRIDOR 1-30/1-35MOWING/LITTER CONTRACT AREA imp-.r :"�' •'ter Camp Bowie Mow Area: Camp Bowie to Hulen Camp Bowie Mow Sections:C61 to CB27 r—tracred Areas(a aB acres( }°ts� - "l- '"�•� o xo soo ]sa 1,000 1 Feec s: PEr,sa NG ten ' - ,_..ryr cei; cBze ces 83 - W .. a cx] CHu:wroN1 -... ..-. ss.. CB1B �✓B I.,CB2 ` e. CU6 - CG1 � C82G CBi3�wcsi Fwvsa we C82i� CBil CB20 UW27 fB3 WEst rn.,�[i C51] [aMa eoyy�E iri 3a C3 cell C6-3 iM 3G Ea[%iHit[N CG11 CBl� C816 - CB17 CB18Aft a-i,MUM CB19 MOM1 w ��d • <� ��/ S� �N1 � �..�� , Fo�rrWoKrH. F ')DLCU1ll'LL�C'L Vendor Services Agreement Page 23 of 86 H24 FP= Forest Park W6 !114V A DOWNTOWN CORRIDOR 1-30/1-35 MOWING/LITTER CONTRACT AREA 11—WAY Forest Park Mow Area:University to Summit Forest Park Mow Sections: FP1 to FP31 M Fl- AR .+Vt, Contracted Ar—(38,01--� 1pa rP2 FP29 1p" XXVFP A FPll F115 FP24 rp23 FPA rpi, L L IP20 77 7 F111 rp 16 FP21 A,isEIJn,E z —A- F111 FORT WORTH. Vendor Services Agreement Page 24 of 86 o - HJ = Hattie/Jessamine a HH43 H1 O E HAFTE DOWNTOWN CORRIDOR N- ui ii °z 1-30/1-35 MOWING/LITTER CONTRACT AREA - � �. CANNON: Hattie Jessamine Mow Area: Hattie to Jessamine Hit ° HJ37 Hattie to Jessamine Mow Sections:HJ1 to HJ37 LEUDA LEUDA W - LEUDA Contracted Areas(2.89 acres) o HJ2 HJ36 a zsn sw 750 tarxJ ^-' La v - -}' TERRELL -' TERRELL z s H135 HUM491O�LT' .z H13 r DASHWOOD RULASKI HJ33 ♦�' IEW H14 PULASKI -"PUTASKI PU LASKI HJ34 II t N j' ROSEDALE � VERBEN VERBENA c O_EA%cH, OLEANDER OER q HIS RMn I H131 MAGNOUA MAGNO-IA o HJ32 tt Y . z Q MAGNM IA- P AGVULIA a I Z H16 HJ30 MORRHY MDRRHY Q = MORPHY N I GR o � I 1. FEL.KS GV:CZDZ /■s M' a HJ7 H129 MYRTLE O G _ MYRTLE _ 99 n - ..' H128 I - \a �LMADDOX� - f H18 H127 f -. �J 1iN. L -_ ALLEN ` �n I j o T d H19 H126 ' 1 4 lf i FI M.;Inor, LLMWOOD _ a lEFFERSON H110 HJ25 - "JEFFERSON r - 1E FFERS N. 4: H H124 Hill L, RICHNIOND &LT 1_I RICHMO. IMORF y •4E`'f '4RL/NGT H112 H123 BALTIMORE - - Oy x H113 ARLINGTON DAws HJ22 3 z ¢A HARL,ty H115 HJ21 HJ14 PO4,Fi,ct 116 H118, HARVEY W H120 Q ORT WORTH.: Y� :. ICI �! dr H117 HJ .19Ig O JESSAMINE, fy r AT( O �1ESSAMINE en or Services Agreement Page 25 of 86 w 1 L= Lancaster DOWNTOWN CORRIDOR 1.30/1-35 MOWINGAITTER CONTRACT AREA e1 Lancaster Mow Area:1351130 io Rl—id. Lancaster MOW SKHOnl:Ll to L46 Contracted Areas(52.46 acres) ".A AI • q� Ili O - L38 \ L19 W h � � 1 3i• L16�s _— EOLwE H35w_E 15 9�r H3ow L23 —L22 IH e 58 vH3o[e LIl U518T - ,yJ I`HWV ieI 114 - n3e We�NTg5iEfl EPST iH 3o EE 138 l35 124 125 awo L5 L13 H3o Ee L39 H wsE. .6 ' L26 BON^aa Ea L3 11Z 3H a5W Na` H[riNrnr lH e L2 L40 ,� L34 L22 , Hl9 Ll - - L33 �E„e L28 41 137 a �0 flUs'Lgl so L32'b. _ 1AN[ASrFR _ - L44 L31\ L30 L96 1.46 L42 - --.-.-. L43 ORT OATH, Mli . Hll H10 H9 HB F. f1AN F u siH L5 L10 L9 L11 3TH _ u 13 [ l3ii g £ S ��m l9 •lT L14 - ,SN'� L3 L12 L13 m 15TH - ail to WEtPNipSl`R L2 -. H19 Ll- ig156 L41 R 3 _ aESIEiU ®- dcP^ a 1112 _East" "SP Yfl� L44 H2O i` H21 Z27(JL 3 3 WB L46 I45 L42 L43 y N �I• H23 s 1��J E nEP4CN •N" Hli •2H2� _ _ - �NH16 iia ES H351 Ne INGEST�i a� r •'�� i' � .NEst H.1H 30 z H9 HR O�RPNnE_ - H24 H25 .H E2 r i 4 _ - IJ yi' viExEnv = wEst Y32 H2 Hti 1422 i3�l 1 t 1 1{rF.,I av15 - i �GGErT 4 H26 H28w. C HS - m oAGGFn pROADWPv FP28 FP29� _ - z oV _wAY 3`H4 EnoAo x• r. — € c E = 3 - STELLa H3 H = Henderson n�FHEn" ceEx DOWNTOWN CORRIDOR - 1-3011-35 MOWING/LITTER CONTRACT AREA r"cNEe TNceER ' R "c�ER iNCKER -o _ H13 H2 - HendersonMowArea:Summit to 135 PNNn � `3'�• a """' p NIE Henderson Mow Sections:H1 to H30 - .ao- Hla H1 = Contracted Areas 145.08 acres) z r. rE �' —N, I FORT WORTH. cA;* s Hn rAY. H137 LIE1 i H1z H136 Vendor Services Agreement Page 26 of 86 till UW= University West mE ;' r �`° '� �► �� DOWNTOWN CORRIDOR I-30)I-35 MOWING/ITTER CONTRACT AREA S r University West Mow Ara:Hulen to University € t +_ �.• t• + 'ai urvoE EY _ University West Mow Sections:UWl to UW27 Contacted Area J16.41acres) +`dt E� LOLL NlV00D�V �= Nm RO[I4PRI1 I '� 0 29 590 25C 1,000 5 F _.�I'J/•. m PERSN G 11� M ANES'WRBEN I IR MNo � 9 I'17sa,<jl� �� .. ?+ � I fP13• w- IMO Uw16 UWl6 UW15-,VIf% UW22 UWI6 UWIS UW24 VWI3+ '�UW22' UW21 UW20 wEsr rHrc SR we UW19 '- UW17 UW13 UW14� WEST �UVVl UWZ UW3 •VW4 UWS UW6 UWl wtn lwv sB E6 UW8 u", UW10 UW12 �yy - 10Vf IL r' L0111Lv �„I f. H`�'�O�MFYry ' � � Buit£OGE RpcEDatE 0 NELIY t ry luxrWonr!i Vendor Services Agreement Page 27 of 86 EXHIBIT B PAYMENT SCHEDULE LINE DESCRIPTION UNIT UNIT PRICE 1 Grounds maintenance at Camp Bowie—Sections 1 through 27 EA $1,400.00 2 Litter/trash removal only at Camp Bowie - Sections 1 through 27 EA $500.00 3 Grounds maintenance at University West-Sections 1 through 27 EA $2,100.00 4 Grounds maintenance at University West- Sections 1 through 27 EA $675.00 5 Grounds maintenance at Forest Park—Sections 1 through 31 EA $4,000.00 6 Litter/trash removal only at Forest Park- Sections 1 through 31 EA $1,800.00 7 Grounds maintenance at Lancaster- Sections 1 through 46 EA $6,000.00 8 Litter/trash removal only at Lancaster- Sections 1 through 46 EA $2,750.00 9 Grounds maintenance at Henderson- Sections 1 through 30 EA $4,925.00 10 Litter/trash removal only at Henderson- Sections 1 through 30 EA $2,100.00 11 Grounds maintenance at Hattie Jessamine - Sections 1 through 37 EA $1,700.00 12 Litter/trash removal only at Hattie Jessamine - Sections 1 through 37 EA $700.00 13 Grounds maintenance mowing and litter/trash removal per linear curb mile of SF $0.05 area and including up to 20'from the curb on an as needed basis. 14 Litter/trash removal per linear curb mile of area and including up to 20'from the SF $0.03 curb on an as needed basis. 15 Grounds maintenance mowing and litter/trash removal per acreage of the area SF $0.007 on an as needed basis. 16 Litter/trash removal per acreage of the area on an as needed basis. SF $0.009 17 Pesticide/herbicide treatment on an as needed basis. SF $0.004 Vendor Services Agreement Page 28 of 86 EXHIBIT C CITY'S ITB NO.22-0034 FORT WORTH � TO- COVER PAGE Event ID Page Invited: PUBLIC EVENT DETAILS cFW01-22-0034 1 Event Round Version 1 1 Submit To: City of Fort Worth Event Name FNANCIAL MANAGEMENT SERVICES Sta 1-35 I-30 Grounds Maintenance Start Time Finish Time NANCE-Purchasing F I 200 Texas St.(Lower Level,South) 12/22/2021 os:co:oo CST o1/13/aozz 13:30:0o CST Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description TheThe City of Fort Worth seeks bids from qualified vendors to provide grounds maintenance for the Code Compliance 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://www.fortworthtexas.gov/departments/finance/purchasing/register for more information. Assigned Buyer:William Skiba A pre-bid conference will be held via Webex on Wednesday,December 28,2021 at 9AM(Local Time). Meeting number(access code):2551 755 0918 Meeting password:NbmPsih33D8(62677443 from video systems) Tap to join by mobile device(attendees only) +1-469-210-7159„25517550918## Join by phone +1-469-210-7159 Join from video system or application Dial 25517550918@meetl54.webex.com You can also dial 173.243.2.68 and enter your meeting number 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 13,2022,and then publicly opened and read aloud at 2:00 P.M.in the Council Chambers.Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,addressed to the Purchasing Manager.YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED.Bids shall be mailed or hand delivered to the following address: City of Fort Worth,Purchasing Division, Lower Level,City Hall,200 Texas Street,Fort Worth,Texas 76102 Bids delivered by special courier(i.e.Federal Express,Special Delivery etc.)are to be marked on the outside of the courier's shipping envelope"BID No.22-0034,ITB 1-3511-30 Grounds Maintenance"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: Cover Page Bid Submission Signature Page Bid Solicitation Part 1 Instructions Part 2 Scope of Services/Specifications Attachment A-Conflict of Interest Disclosure Requirement** Attachment B-Consideration of Location of Bidder's Principal Place of Business**(if applicable) Attachment C-Vendor's Contact Information** Attachment D-Bidder Qualification Questionnaire** Attachment E-List of Machinery and Equipment** Attachment F-Draft Vendor Service Agreement,attached as a separate document Attachment G-Service Areas Maps,attached as a separate document Attachment H-Documentation Checklist **Required to be completed and submitted.See Section 14.2,Part 1 for all required document that need to be submitted.Failure to submit all items will be grounds for rejection of a bid as non-responsive to the specifications. Vendor Services Agreement Page 29 of 86 FORT WORTH, �- BID SUBMISSION SIGNATURE PAGE Event ID Page Invited: PUBLIC EVENT DETAILS CFWO1-22-0034 3 Event Round version 1 1 Submit To: City of Fort Worth Event Name FINANCIAL MANAGEMENT SERVICES IT B I-35/I-30 Grounds Maintenance FINANCE-Purchasing Start Time Finish Time 200 Texas St.(Lower Level,South) 12 22 2021 08:00:00 CST 01 13 2022 13:30:00 CST Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned,by his/her signature,represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by submitting and signing below,acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference,and agrees to be bound by the terms therein. Legal Company Name: Company Address: City,State,Zip: Vendor Registration No. Printed Name of Officer or Authorized Representative: Title: Signature of Officer or Authorized Representative: Date: Email Address: Phone Number: Federal Identification Number(FID): Will this agreement be available for Cooperative Agreement use?Yes No IT3 No.22-00341-35/1-30 Grounds Maintenance Page 2 of 40 Vendor Services Agreement Page 30 of 86 FORT WORTH, BID SOLICITATION Event ID Page Invited: PUBLIC EVENT DETAILS CFWO1-22-0034 4 Event Round version 1 1 Submit To: City of Fort Worth Event Name FINANCIAL MANAGEMENT SERVICES IT B I-35/I-30 Grounds Maintenance FINANCE-Purchasing Start Time Finish Time 200 Texas St.(Lower Level,South) 12 22 2021 08:00:00 CST 01 13 2022 13:30:00 CST Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line Details Line: 1 Description: Qty Unit UnitPrice Total Grounds maintenance at Camp Bowie-Sections 6.00 EA 1 through 27(Page 1 ofAttachment G) Line: 2 Description: Qty Unit UnitPrtce Total Litter/trash removal only at Camp Bowie- 24.00 EA Sections 1 through 27(Page 1 ofAttachment G) Line: 3 Description: Qty Unit UnitPrice Total Grounds maintenance at University West- 6.00 EA Sections 1 through 27(Page 2 of Attachment G) 4 Line: Description: Qty Unit UnitPrice Total Litter/trash removal only at University West 24.00 EA Sections 1 through 27(Page 2 ofAttachment G) Line: 5 Description: Qty Unit UnitPrice Total Grounds maintenance at Forest Park-Sections 6.00 EA 1 through 31(Page 3 ofAttachment G) Line: 6 Description: Qty Unit UnitPrice Total Litter/trash removal only at Forest Park- 24.00 EA Sections 1 through 31(Page 3 of Attachment G) 7 Line: Description: Qty Unit UnitPrice Total Grounds maintenance at Lancaster-Sections 1 6.00 EA through 46(Page 4 of Attachment G) Line: 8 Description: Qty Unit UnitPrice Total Litter/trash removal only at Lancaster- 24.00 EA Sections 1 through 46(Page 4 ofAttachment I I G) ITB No.22-00341-35/1-30 Grounds Maintenance Page 3 of 40 Vendor Services Agreement Page 31 of 86 FORT WORTH, �- BID SOLICITATION Event ID Page Invited: PUBLIC EVENT DETAILS CFWO1-22-0034 Event Round version 1 1 Submit To: City of Fort Worth Event Name FINANCIAL MANAGEMENT SERVICES IT B I-35/I-30 Grounds Maintenance FINANCE-Purchasing Start Time Finish Time 200 Texas St.(Lower Level,South) 12 22 2021 08:00:00 CST 01 13 2022 13:30:00 CST Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line. 9 Description: Qty Unit UnItPrIce Total Grounds maintenance at Henderson-Sections 1 6.00 EA through 30(Page 5 of Attachment G) Line: 10 Description: Qty Unit UnitPrice Total Litter/trash removal only at Henderson- 24.00 EA Sections 1 through 30(Page 5 of Attachment G) Line: 11 Description: Qty Unit UnItPrIce Total Grounds maintenance at Hattie Jessamine- 6.00 EA Sections 1 through 37(Page 6 of Attachment G) DescLine: 12 riptlon: Qty Unit UnItPrIce Total Litter/trash removal only at Hattie Jessamine 24.00 EA Sections 1 through 37(Page 6 of Attachment G) DescLine:rip 13 tion: Qtv Unit UnitPrice Total Grounds maintenance mowing and litter/trash 21789.00 SF removal per linear curb mile of area and including up to 20'from the curb on an as needed basis. Line: 14 Description: Qty Unit UnitPrice Total Litter/trash removal per linear curb mile of 21789.00 SF area and including up to 20'from the curb on an as needed basis. Line: 15 Description: Qty Unit UnitPrica Total Grounds maintenance mowing and litter/trash 21789.00 SF removal per acreage of the area on an as needed basis. Line: 16 Description: Qty Unit UnitPrice Total Litter/trash removal per acreage of the area 2178900 SF on an as needed basis. ITB No.22-00341-35/1-30 Grounds Maintenance Page 4 of 40 Vendor Services Agreement Page 32 of 86 FORT WORTH, �- BID SOLICITATION Event ID Page Invited: PUBLIC EVENT DETAILS CFWO1-22-0034 6 Event Round version 1 1 Submit To: City of Fort Worth Event Name FINANCIAL MANAGEMENT SERVICES IT B I-35/I-30 Grounds Maintenance FINANCE-Purchasing Start Time Finish Time 200 Texas St.(Lower Level,South) 12 2z 2021 08:00:00 CST 01 13 2022 13:30:00 CST Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 17 Descrlptlon: Qtv Unit UnItPrIce Total Pesticide/herbicide treatment on an as needed 43560.00 SF basis. Total Bid Amount: A bid of"0"(zero)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 Offeror 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 the bid. ITB No.22-00341-35/1-30 Grounds Maintenance Page 5 of 40 Vendor Services Agreement Page 33 of 86 PART INSTRUCTIONS 10 SOLICITATION 1.1 Review of Documents:Bidders are expected to examine all documents that make up the Solicitation as well as any addendums.Bidders shall promptly notify the City of any omission,ambiguity, inconsistency or error that they may discover upon examination of the Solicitation by the deadline for questions listed in Section 2.0, Part 2. The City assumes no responsibility for any errors or misrepresentations that result from Bidders not using the completed Solicitation document and addendums. 1.2 Location of Documents:Solicitations are issued by the Purchasing Division. The location of the Purchasing Division is specified in the advertisement and on the first page of the solicitation. 20 EXPLANATIONS,CLARIFICATIONS OR QUESTIONS 2.1 Any explanation,clarification, or question desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division by the question deadline listed in Section 2.0, Part 2,so that a written addendum can be posted before the submission deadline. Interpretations,corrections,or changes to the Solicitation made in any other manner are not binding upon the City,and Bidders shall not rely upon such interpretations,corrections or changes.Oral explanations or instructions given before the award of the Contract are not binding. 2.2 IN ORDER FOR QUESTIONS TO BE ANSWERED,ALL QUESTIONS MUST BE HAND DELIVERED OR SENT BY E-MAIL BEFORE THE QUESTION DEADLINE AND MUST BE IDENTIFIED AS FOLLOWS: 2.2.1 All explanation,clarification or questions must clearly identify the buyer's name and the bid number on the document or on the subject line, if sent by email. For example:"Attention:Buyer name and Bid No.XX-XXX'. If the buyer's name and bid number is not included as specified above,the question(s)will NOT be answered. 2.2.2 Delivery of questions by: 2.2.2.1 Hand Delivery—Fort Worth City Hall, Purchasing Division, Lower Level,200 Texas Street, Fort Worth Texas,76102. 2.2.2.2 Via Email—FMSPurchasinaResoonsestcDfortworthtexas.gov 2.2.2.2.1. Please note,if an e-mail confirming receipt of your e- mail is not received within 1 (one)business day, please contact the City of Fort Worth Purchasing at 817-392-2462. 2.3 Interpretations,corrections,or changes to the Solicitation made in any other manner are not binding upon the City,and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.4 Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum posted on the City's website under the corresponding bid number. ITB No.22-0034 1-3511-30 Grounds Maintenance Page 6 of 40 Vendor Services Agreement Page 34 of 86 3.0 UNAUTHORIZED COMMUNICATIONS 3.1 Bidders'contact regarding this Invitation to Bid(ITB)with employees or officials of the City other than the Purchasing Manager,the Business Equity Division,or as otherwise indicated in the ITB is prohibited and may result in disqualification from this procurement process. No officer,employee,agent or representative of the Respondent shall have any contact or discussion,verbal or written,with any members of the City Council,City staff or City's consultants,or directly or indirectly through others,seek to influence any City Council member,City staff,or City's consultants regarding any matters pertaining to this solicitation,except as herein provided. Any violation of this prohibition may result in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non- binding with regard to this ITB. 4.0 PREBID CONFERENCE 4.1 A pre-bid conference will be held via WebEx on Wednesday, December 28,2021 at 9:OOAM(Local Time).Attendance at pre-bid conferences is not mandatory but strongly encouraged. Meeting Number(access code):2551 755 0918 Meeting password:NbmPsih33D8(62677443 from video systems) Meeting Phone Number:+1-469-210-7159 4.2 Contractor shall familiarize themselves with the work to be performed and should inspect ALL locations prior to the pre-bid conference and prior to submitting bids in order to be fully aware of the scope of the services required.Failure to inspect the job sites shall not relieve the successful Contractor(s)from performing in accordance with the strict intent and meaning of the specifications at the awarded bid price.There shall be no additional cost to the City of Fort Worth. 4.3 FAILURE TO ATTEND THE PRE-BID CONFERENCE MAY IMPACT A CONTRACTORS ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE, ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. 5.0 PREPARATION OF BIDS 5.1 Each Bidder must furnish all information required by the Solicitation in order to be evaluated.Prices or Percent Markups submitted on other than the forms included in the Solicitation shall be considered non-responsive. 5.2 Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 6.0 QUANTITES 6.1 The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 7 of 40 Vendor Services Agreement Page 35 of 86 7.0 TAXES 7.1 Purchases of Goods or Services for City use are usually exempt from City,State,and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division.Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 8.0 DEFINITIONS 8.1 Brand Name or Equal: If the Solicitation indicates brand name or"equal"products are acceptable,the Bidder may offer an"equal"product and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal"remains with the City. 8.2 Delivery Time:Delivery time,if stated as a number of days,will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated,the Bidder shall state its best delivery time. 8.3 Free on Board(FOB)Point:Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. This means the Vendor or Shipper owns goods in transit and is liable for delivery to the point of destination. 8.3.1 The Vendor or Shipper is responsible for filing any claims with the delivering carrier for breakage or other loss and for any damage resulting from transportation. 8.3.2 The Bidder should quote its lowest and best price,with the goods delivered to the place specified,at the Bidder's expense and risk,and their tender delivery to the City. 8.3.3 Bids offering any other delivery terms are not acceptable and may be cause for resection. 90 PRICES/PERCENTAGE DISCOUNT 9.1 Bid prices and percentage discount(if applicable)shall be firm offers unless otherwise specified. Pricing and percentage discount(if applicable)shall be entered on the Bid Offer Sheet. 9.2 In the event of a discrepancy between unit price and extended price,the unit price shall govern. 9.3 Prices shall be offered in the Dollars of the United States of America(or decimal fractions thereof). 10.0 SIGNATURE 10.1 The Bidder must provide a wet signature on each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. 11.0 PROPRIETARY INFORMATION SUBMITTED IN THE BID 11.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 8 of 40 Vendor Services Agreement Page 36 of 86 11.1.1 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will,to the extent allowed by law,endeavor to protect such information from disclosure. If a Public Information Request is made for Bidder's proprietary information, the Bidder will be notified so that they can submit a letter to the Texas Attorney General.The final decision as to information that must be disclosed lies with the Texas Attorney General. 11.1.2 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 12.0 BID PREPARATION COSTS 12.1 All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 13.0 PAYMENTS 13.1 All payment terms shall be"Net 30 Days"from the date the City receives a correct invoice. 13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at https://www.fortworthtexas.gov/departments/finance/purchasing/ach 14.0 SUBMISSION OF BIDS 14.1 Bid documents:Unless otherwise specified, Bidders are required to submit a signed executed original and one scanned copy of the entire bid submittal on a flash drive. Bids must be submitted in a sealed envelope with the bid number and bidder company name written on the outside of the envelope. 14.2 Documents required to be submitted with Bid:Bidders shall submit all the items listed below and utilize the format below to submit their bid prior to the bid submission deadline. 14.2.1 The completed and signed Bid Submission Signature Page. 14.2.2 The completed Bid Solicitation. 14.2.3 References:Bidders shall list a minimum of three(3)references from projects similar in nature,size and scope completed or undertaken in the past three years.Letters shall include the following items: 14.2.3.1 Company letterhead,including contact information. 14.2.3.2 Number of years working with Firm. 14.2.3.3 Brief explanation of customer's satisfaction and recommendation of Firm.Please provide a rating of 1-5.One(1)being unlikely to recommend and unsatisfied, and five (5) being highly satisfied and highly recommended. 14.2.3.4 Brief explanation on likeliness to work with Firm again. One (1)being unlikely to continue to use Firm and five(5)highly likely to use Firm again. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 9 of 40 Vendor Services Agreement Page 37 of 86 14.2.4 Bidders shall provide evidence that they are duly qualified and capable to fulfill and abide by the requirements listed herein with the bid.The bidder shall demonstrate its ability to secure and perform the services/and or goods within the delivery requirements specified herein. 14.2.5 Bidder's background, number of years in business. 14.2.6 A detailed performance plan that outlines the method to be used to ensure that the needs of the City will be met. 14.2.6.1 Bidders shall provide a list of equipment and number of personnel they propose to use in the execution of the Agreement.See Attachment E.This list will be used to determine whether or not the bidder can adequately perform the required work.All equipment the bidder anticipates committing to this Agreement should be included in the listing. 14.2.7 Copy of bidders current pesticide/herbicide Applicator's license. 14.2.8 A summary of Contractor's qualifications detailing grounds maintenance services provided to previous or current public entities similar in size to the City of Fort Worth. 14.2.9 A completed and signed original Conflict of Interest Questionnaire,Attachment A. 14.2.10 A completed Consideration of Location of Bidder's Principal Place of Business,Attachment B(if applicable). 14.2.11 A completed and signed Vendor Contact Information,Attachment C. 14.2.12 A completed and signed Bidder Qualification Questionnaire,Attachment D. 14.2.13 Signed Addendum(s)acknowledging receipt(if applicable). 14.2.13 Scanned copy of all documents listed in Section 14.2,Part 1. 14.2.14 Any other document included in the Solicitation requiring completion or execution by the Bidder. 14.3 Failure to submit all the items listed in Section 14.2, Part 1 will be grounds for rejection of a bid as non-responsive to the specifications. 15.0 LATE BIDS 15.1 Bids must be received in the Purchasing Division prior to the bid submission deadline. All Bids received after the submission deadline are considered late and will be returned to the Bidder unopened. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 10 of 40 Vendor Services Agreement Page 38 of 86 15.2 Purchasing's time stamp clock is the official time of record. However, if the time stamp is not available or broken,the date and time written on the bid receipt by Purchasing staff shall be the time of record. 15.3 It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the Purchasing Division. The City will not be responsible for failure of service on the part of the U.S. Postal Office,courier companies,or any other form of delivery service chosen by the Bidder to deliver before the bid due date and time. 15.4 Bids delivered to a City location other than the Purchasing Division will not be considered.The Bid must be received by the Purchasing Division and stamped before deadline to be considered. 16.0 MODIFICATION OR WITHDRAWAL OF BIDS 16.1 Modification of Bids. Bids may be modified in writing at any time prior to the bid submission deadline. 16.2 Withdrawal of Bids:Bids may be withdrawn in writing,or by facsimile(provided that the facsimile is signed by the Bidder)at any time prior to the bid submission deadline. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the bid submission deadline.A receipt of withdrawal must be signed by the Bidder.No Bids may be withdrawn after the bid submission deadline without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted,with or without modifications,prior to the bid submission deadline. The City may require proof of agency from the person withdrawing a bid. 17.0 OPENING OF BIDS 17.1 The Purchasing Division representative responsible for opening Bids shall personally and publicly open all Bids timely received,reading each bid aloud. 18.0 EVALUATION FACTORS AND AWARD 18.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation(unless otherwise specified). However,the City may evaluate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the City. Bids that specify an"all or none"award may be considered if a single award is advantageous. 18.2 Award. The Method of Award is detailed in Part 2, Section 4.(Note:A Bidder that does not earn at least 50%of the technical points will be deemed"non-responsive" and will not be awarded a contract.) 18.3 Acceptance and Award of Bid:Acceptance and award of a Bid will be in the form of a Purchase Order or a Contract. Subsequent Purchase Orders may be issued as appropriate.The contents of a Bid Response shall become a part of the Contract. Under no circumstances will the City be responsible for Goods or Services provided without a Purchase Order issued by the City. 19.0 RESERVATIONS-The City expressly reserves the right to: 19.1 Specify approximate quantities in the Solicitation; 19.2 Extend the Solicitation opening date and time; ITB No.22-0034 1-35/1-30 Grounds Maintenance Page 11 of 40 Vendor Services Agreement Page 39 of 86 19.3 Consider and accept alternate Bids, if specified in the Solicitation,when most advantageous to the City; 19.4 Waive as an informality,minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 19.5 Waive any minor informality in any Bid or Solicitation procedure(a minor informality is one that does not affect the competitiveness of the Bidder); 19.6 Add additional terms or modify existing terms in the Solicitation before the bid submission deadline; 19.7 Reject a bid because of unbalanced unit prices bid; 19.8 Reject or cancel any or all Bids; 19.9 Reissue a Solicitation; 19.10 Procure any item by other means;and/or 19.11 Award to multiple vendors on a non-exclusive award basis,or primary and secondary vendors. 20.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS 20.1 Certificates of Insurance:When insurance is required,the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award,or as otherwise required by the Solicitation. 20.2 Business Equity Division Documents:If a Business Equity goal has been established for the bid,the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within two(2)City business days after the bid opening date,exclusive of the bid opening date,to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 20.3 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution,the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at https://www.ethics.state.b(.ustwhatsnew/elf info form1295.htm. 21.0 PROTEST PROCEDURE 21.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 21.2 The Vendor must submit any protest in writing to the Purchasing Manager via email or mail within 14 days after the Vendor knows, or should have known,of the facts relating to the proposed action or award. 21.3 The Purchasing Manager,or designee,is authorized to resolve a protest concerning a purchasing action through telephone discussions,mail,e-mail or in person meetings with the protesting Vendor. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 12 of 40 Vendor Services Agreement Page 40 of 86 21.4 After discussions or meetings,the Purchasing Manager or designee will issue a decision in writing,state the reasons for the action taken and inform the protesting Vendor of the right to review by a panel made up of City staff. 21.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department,the Purchasing Manager and any other appropriate personnel or employees of the operating department. 21.6 If the panel is unable to resolve the protest,or if the panel makes a decision with which the Vendor does not agree,the protesting Vendor will be invited to attend the City Council meeting at which the recommended award is to be presented to the City Council and make known his/her concerns. The protesting Vendor will be instructed to arrive prior to the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document (M&C)in question. 21.6.1 Vendors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: http://fortworthtexas.qov/citysecretary/info/default.aspx?id=2914 on the City's website. 22.0 COOPERATIVE PURCHASING 22.1 Should other governmental entities decide to participate in this contract, Bidder,shall indicate in their proposals whether they agree that all terms,conditions,specification, and pricing would apply. 22.2 If the successful Bidder agrees to extend the resulting contract to other governmental entities,the following shall apply:Governmental entities within utilizing Contracts with the City of Fort Worth shall be eligible,but not obligated,to purchase material/services under this contract(s)awarded as a result of this solicitation. All purchases by governmental entities other than the City of Fort Worth shall be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth shall not be responsible for another governmental entity's debts. Each governmental entity shall order its own material/services as needed. ITB No.22-0034 1-3511-30 Grounds Maintenance Page 13 of 40 Vendor Services Agreement Page 41 of 86 PART 2 SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth(City)seeks bids to finalize an agreement for 1-35/1-30 grounds maintenance for the Code Compliance department on an"as needed"basis. Prospective responding bidders should ensure they download all attachments for complete responses and understanding of the agreement the City intends to award from this solicitation.The successful bidder(s), known hereafter as "Contracto r/Ve ndor". 1.2 The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business.The City is obligated to pay for only those services actually ordered by an authorized City employee and then received as required and accepted by the City. 1.3 Following the award,additional services of the same general category that could have been encompassed in the award of this Agreement,and that are not already on the Agreement,may be added based on the discount bid and price sheet provided with the bid. 1.4 Unit prices shall include all costs associated with the specified work, including but not limited to handling,delivery,fuel charges,fees and certifications fees. NO ADDITIONAL CHARGES WILL BE ACCEPTED OR PAID BY THE CITY. 1.5 Any specifications/requirements that have been omitted from this scope of service that are clearly necessary or in conformance shall be considered a requirement although not directly specified or called for in the scope of services. 1.6 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 2.0 TENTATIVE SCHEDULE OF EVENTS TASK DATE ITB Release Date December 22,2021 Pre-Bid Conference December 28,2021 at 9AM(Local Time) Deadline for Questions January 3,2022 at 5PM(Local Time) Answers Posted January 6,2022 ITB Responses Due Date AT 1:30 p.m. (Local Time) January 13,2022 Recommended Vendor Selection January 2022 Mayor and Council Consideration February 2022 Contract Execution February 2022 ITB No.22-0034 1-35A-30 Grounds Maintenance Page 14 of 40 Vendor Services Agreement Page 42 of 86 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP 3.1 The Vendor shall notify the City's Purchasing Manager, in writing,of a company name,ownership,or address change for the purpose of maintaining updated City records.The president of the company or authorized official must sign the letter.A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9,documents filed with the state indicating such change, copy of the board of director's resolution approving the action,or an executed merger or acquisition agreement.Failure to do so may adversely impact future invoice payments. 4.0 METHOD OF AWARD 4.1 Bids will first be evaluated based upon bids received from a responsible bidder that presents the best value to the City.A responsible bidder is defined as a bidder that: 4.1.1 Meets all the requirements listed in Part 2,Section 5.0. 4.1.2 Submits a completed bid package within the stated deadline and in accordance with the bid specifications. 4.2 Bids that do not receive 50%or more of the total available points,excluding the points for price,will be deemed non-responsive. 4.3 The following criteria will be used to determine the best value: 4.3.1 Cost of service—up to 40 points 4.3.2 Bidder's Qualifications—up to 15 points 4.3.3 Bidder's Experience—up to 15 points 4.3.4 Availability of resources to provide equipment-up to 10 points 4.3.5 Availability of resources to provide personnel-up to 10 points 4.3.6 Contractor's approach to perform services—up to 10 points 4.4 In order for the City to receive adequate coverage on its requirements as specified in the solicitation,the City reserves the right to make multiple awards. 4.5 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item,combination of items, or overall bid,as it is deemed in the best interest of the City.The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 4.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself,another municipal corporation of like size,or private corporations during the past two-year period.Such precautions are deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. 4.7 The evaluation factors listed above will be applied in a comparative manner to all eligible, responsive bids.Award may be made without discussion with Bidders after bids are received. Bids should,therefore,be submitted on the most favorable terms. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 15 of 40 Vendor Services Agreement Page 43 of 86 4.8 If Attachment B,Consideration of Location of Bidder's Principal Place of Business,is completed by any Bidder,the City will review the Attachment to determine whether Local Preference will apply to the award. 4.9 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 5.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED 5.1 The Contractor shall: 5.1.1 Have a minimum of two(2)years of experience conducting services similar or related to the Scope of Services. 5.1.2 Have and operate a full-time,permanent business address with the ability to be reached by email and telephone. 5.1.3 At a minimum, have access to the following equipment for use on this Agreement: 5.1.3.1 Four(4)Zero Turn Radius Mowers or equivalent; 5.1.3.2 Four(4)edgers, 5.1.3.3 Four(4)weed trimmers; 5.1.3.4 Four(4)bck pack blowers,and; 5.1.3.5 Safety vest,traffic cones,and protective eyewear. 5.1.3.6 Insufficient and/or inadequate equipment as determined by the Evaluation Panel will deem the bid as non-responsive.The City reserves the right to thoroughly inspect and investigate the establishment,facilities, business reputation,and other qualifications of any Contractor. 5.1.4 Have a copy of their current pesticide/herbicide Applicator's license. &0 SCOPE OF WORK 6.1 The work covered by these specifications consists of specific grounds maintenance and litter/trash collection and removal services along Interstate Highway 30 between Riverside Drive and Camp Bowie Boulevard and Interstate 35 between Jessamine and Spur 280. 6.2 Bid line items 13 through 17 are for additional grounds maintenance and litter/trash collection and removal services along roadways or in additional areas not specified by the Service Areas Maps that may be added following the award. 6.2.1 Pesticide and herbicide treatment requires an Applicator's license. This treatment may be used to kill fungus,bacteria, insects,plant diseases,snails,slugs or weeds,on an as needed basis. 0 DEFINITIONS 7.1 CHEMICAL TRIMMING-Shall refer to the use of an herbicide(such as Roundup and/ or an approved equal containing a pre-emergent such as Surf LAN or an approved equal)as an alternative to the physical removal or cutting of plant material from area to be trimmed. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 16 of 40 Vendor Services Agreement Page 44 of 86 7.1.1 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. 7.1.2 NOTE:CHEMICAL TRIMMING WILL NOT BE ACCEPTABLE FOR THE EDGING OF CURBS OR CONCRETE SIDEWALKS OR TRAILS.CHEMICAL EDGING OF ASPHALT SIDEWALKS IS ALLOWED;HOWEVER,EDGED/TREATED AREA SHALL NEVER EXTEND FARTHER THAN 4'PAST THE EDGE OF THE ASPHALT SIDEWALK,AND ALL DEAD GRASS/WEEDS MUST BE REMOVED. 7.2 CLUMPED GRASS CUTTINGS-(Wind Rows)Shall refer to any accumulation of cut grass that on the day the mowing occurs exceeds six(6)inches in height.These clumps are typically found in areas where mowing equipment has turned,reversing directions. 7.3 CONCURRENT-Shall refer to all mowing,trimming,and litter removal on any given item being completed on the same day.Should a given area be too large to complete in a single day, any areas that have been mowed must be trimmed,and litter removed the same day the mowing occurs and,mowed grass shall be blown or swept off of all curbs,gutters, sidewalks,trails and other hard surfaces. 7.4 CONCURRENT CONTRACTS-In the event that any one Contractor is awarded contracts for mowing more than one project area,the Contractor shall proceed with work simultaneously in all areas awarded. 7.5 CONTRACTOR CALL-BACK-When a Contractor is called to address a complaint, rework or non-performance. 7.6 CONTRACT ADMINISTRATOR-Shall mean the duly authorized representative of CODE who shall monitor the contractor's performance. 7.7 EDGING-Shall be so that grass and weeds do not extend over the edge of the walks, trails,drives or curbs more than'/4 inch nor will they be cut back from the edge of walks, trails,or curbs more than''%inch. 7.8 GROUNDS MAINTENANCE PROJECT AREA-Shall refer to specific geographic area(s)and sections within each area of the City designated to receive specified grounds maintenance services. 7.9 HARD SURFACE MEDIANS-End caps or traffic islands within or adjacent to the contracted area,which are not specifically identified in these specifications,shall be deemed to be a part of the contracted area. 7.10 ILLEGAL DUMP SITE-A pile of debris larger than three(3)cubic yards. 7.11 INCLEMENT WEATHER-Shall mean rainy/wet weather or when the condition of the soil is such that the rutting of property will occur and cutting of grass cannot be accomplished safely or satisfactorily that is in a manner that will not rut up or cause any damage to the turf. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 17 of 40 Vendor Services Agreement Page 45 of 86 7.12 MAINTENANCE SCHEDULE-Shall mean the time periods established by the City for the mowing season within which all prescribed maintenance activities for each area shall be completed. 7.13 MOWING HEIGHT—Shall refer to the setting of mowing equipment to out grass to a height of four(4)inches.The Contract Administrator may make changes in the height requirements. Mowing below the heights stated above may result in liquidated damages when turf is damaged,e.g.scalping occurs.Repeated damage to turf may result in contract termination. 7.14 NON-MOW AREA-An area of land designated for wildflowers,flowers or natural regeneration of native grasses. 7.15 OZONE ACTION DAYS-The period from May 1st through October 31st(Ozone Season)of each year,when ozone levels are critical.These days are determined by the Texas Natural Resource Conservation Commission and are announced via television, radio,and TXDOT highway information boards. 7.15.1 Contractors are not to use any motorized equipment between the hours of 6AM and 10AM on these days, unless the equipment uses propane,diesel or compressed natural gas as a fuel source or meets California Air Resources Board(CARB) Revision#2,standards. 7.16 TRASH AND LITTER-Shall mean any and all debris within the grounds maintenance project area including,but not limited to furniture,appliances,tires,construction material, paper, plastic, cans, bottles(including broken glass),bottle tops,cardboard,rags, limbs four(4)inches or smaller in diameter and branches,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 entire project area including streets,sidewalks,curbs, hillsides,ditches,creeks,etc.An acceptably policed area that is considered neat and clean shall be free of such trash and litter.Any illegal dumping should be reported to the Contract Administrator.An illegal dump site will be defined as a pile of debris larger than three(3)cubic yards or about the size of a refrigerator. 7.17 TRIMMING-Shall refer to the cutting or removal of all plant life adjacent to any fence line, pole,guy wire,sign,guard rail,sidewalk and curb. 8.0 CONTRACTOR LABOR AND PERSONNEL 8.1 The Contractor shall provide all necessary labor to perform the services specified herein. 8.2 All subordinate personnel(employees below Team Leader level)shall have at least six(6) months experience providing grounds maintenance services as detailed in this document. 8.3 All personnel working on the City contract shall be considered the Contractor's employees, not City employees. 8.4 All personnel shall be at least 17 years of age. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 18 of 40 Vendor Services Agreement Page 46 of 86 8.5 All personnel shall be trained by the Contractor to ensure proper techniques are used. 8.6 The Contractor shall assign sufficient grounds maintenance personnel(2-3 crews composed of 3-4 personnel)to meet the specified performance level. 8.7 The Contractor shall provide trained substitute personnel for any grounds maintenance personnel not present for work. 8.8 The Contract Administrator may request the Contractor to remove any employee for cause, including but not limited to:poor or nonperformance of work,theft,abusive language or behavior. 8.9 Contractor personnel shall wear bright safety vests and construction hard hats at all times when providing services to the City of Fort Worth. 9.0 CONTRACTOR RESPONSIBILITIES 9.1 Contractor shall provide grounds maintenance(litter/trash pickup, mow,edge and trim,all turf areas) in a typical year in March,April,June,September,October, and December but up to six(6)times a year.Contractor shall collect and remove all litter/trash and debris two times on a monthly basis through the year(in months where a mow cycle is required,the litter removal prior to mowing will count as one of the months litter removal times),Up to eighteen(18)standalone litter/trash removal times(without mowing)could potentially be required from the contractor.Contractor shall space service at least two(2)weeks apart between areas during the months of bi-monthly services. Litter removal only will be completed typically in January, February,April, May,July, August, October and November. 9.2 CONTRACTOR SHALL REMOVE ALL TRASH AND LITTER FROM THE ENTIRE AREA PRIOR TO INITIATING ANY MOWING OF THE TURF AREA.Failure to remove litter/trash prior to mowing will result in the Contractor being required to return to site and remove all new litter/trash as well as all mowed litter/trash.Any papers,cans, or bottles cut or broken during maintenance operations shall be completely removed from the site immediately prior to proceeding with the maintenance of other areas.All trash and litter shall be disposed of by the Contractor at an off-site location procured by the Contractor at his/her sole expense. 9.3 Contractor shall use reasonable care to avoid damaging buildings,equipment and vegetation on City or any other public or private property.This includes, but is not limited to irrigation heads,fences, mailboxes,etc.The Contractor must assess the area to be mowed prior to starting and make necessary adjustments not to cut or damage irrigation heads. If the Contractor's failure to use reasonable care causes damage to any property,the Contractor shall replace or repair the damage at no expense to the City. If the Contractor fails or refuses to make such repair or replacement,the Contractor shall be liable for the cost,which may be deducted from the contract price. 9.4 Contractor shall maintain sharp blades on all mowing equipment so as to cleanly cut,not tear, the blades of grass.All grass shall be cut at a height of four(4)inches. Upon completion,a mowed area shall be free of clumped grass cuttings and tire tracks and ruts from equipment. Turf shall be cut in a manner so as not to scalp turf or leave areas of uncut grass.Care shall be taken to prevent discharge of grass clippings onto any paved surface such as streets,curbs and gutters, parking lots, sidewalks, concrete pads, creeks, lakes or ponds and/or onto adjacent properties.Any material so discharged shall be removed prior to leaving the project area.The Contractor shall dispose of all trash and litter at an off-site location procured by the Contractor at her/his sole cost and expense. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 19 of 40 Vendor Services Agreement Page 47 of 86 9.5 All structures,trees,poles,tables,signs,fences,and shrub beds are to be trimmed closely,where applicable. Special care shall be given to trimming around trees so as not to inflict damage to the bark of the trees.Trim guards should be used on line trimmers when working around trees and ornamental shrubs.All trimming shall be accomplished maintaining the required 2"or 3"cutting height depending on project area and cycle frequency. ALL TRIMMING MUST BE ACCOMPLISHED CONCURRENTLY WITH MOWING OPERATIONS.Trimming can be reduced by chemical edging,with prior written approval of the Contract Administrator. 9.6 All vegetation in cracks,seams,and joints of paved areas such as sidewalks,curbs, gutters two(2)feet out from the curb,and driveways shall be cut down to the pavement surface during the completion of each mowing cycle,where applicable.The use of herbicides to control such growth may be permitted with the prior written approval of the Contract Administrator and in accordance with all applicable State laws and regulations. 9.7 Grounds Maintenance 9.7.1 Contractor shall be responsible for: 9.7.1.1 Collecting and removing all litter prior to mowing activities; 9.7.1.2 Mowing all areas listed on each map; 9.7.1.3 Edging all curbs and sidewalks; 9.7.1.4 Trimming all turf and volunteer vegetation,weeds and crack-grass along pavement,including expansion cracks extending two feet on the pavement,curbs and around or on signs,posts,guard rails,sidewalks, and other obstacles, 9.7.1.5 Removing all trash and litter from the site. 9.7.2 Contractor shall document litter/trash collection and removal prior to mowing through providing an electronic or digital photo image of the area before and after litter/trash collection and after mowing completed areas; 9.7.2.1 Litter/trash includes, but is not limited to, plastic,cans,tires, bottles. cardboard, rags, limbs and branches,rocks and other similar solid materials and foreign debris which are not intended to be present as part of the landscape. 9.8 Litter/trash Removal Only 9.8.1 Litter/trash Removal shall consist of the removal of any and all debris within the grounds maintenance project area including, but not limited to furniture, appliances,tires, construction material,paper,plastic,cans, bottles(including broken glass), bottle tops, cardboard, rags,limbs four(4)inches or smaller in diameter and branches, rocks,and other similar solid materials and foreign debris which is not intended to be present as part of the landscape. 9.8.2 Contractor shall document litter/trash collection and removal through providing an electronic or digital photo image of the area before and after litter/trash collection has occurred. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 20 of 40 Vendor Services Agreement Page 48 of 86 9.9 TREES AND SHRUBS 9.9.1 NO PRUNING OF ANY TREE SHALL BE PERMITTED, UNLESS SPECIFIED OTHERWISE IN THESE SPECIFICATIONS.Trash and litter shall be removed from ornamental flower and planting beds during each mowing cycle. Mulch rings shall be reshaped prior to leaving project site when dislodged by mowing equipment.Severe damage to trees will result in replacement or compensation of trees by the Contractor.Failure to replace damaged trees shall be considered a breach of contract and Contractor shall be assessed for damages.Slight or moderate damages to trees will result in assessment of damages. 9.9.2 ASSESSMENT OF DAMAGES TO TREES DURING GROUNDS MAINTENANCE OPERATIONS: 9.9.2.1 The Contractor will check trees in the contract area before contract work begins,any damage will be noted and reported to the Contract Administrator. 9.9.2.2 The Contract Administrator will conduct random checks of the trees during the Agreement period. A check of all trees may be made at the end of the contract 9.9.2.3 period.City Forester,Contract Administrator,and Contractor will attend the inspection. 9.9.2.4 Damages shall be documented by memo to the City Forester with copy to contract file and the Contractor. 9.9.2.5 Contractor may have the option of replacement or payment for severely damaged trees at a location to be designated by CODE.Replacement shall be made on caliber inch per caliper inch basis with a minimum size of replacement tree of 2"in caliper.The Contractor shall be responsible for the planting,watering, mulching and maintenance of replacement trees for a period of not less than two(2)years. Any tree that does not survive the two(2)year established period shall be compensated for by the Contractor to CODE a rate of$200.00 per caliper. 9.9.2.6 Damages shall be assessed at a rate of:$100.00 for each instance of slight damage to tree(s),this is damage that may heal;examples include but are not limited to scaling of the trunk into the cambial layer%"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 tree(s)which in the opinion of the City Forester contribute to the poor health and reduced longevity of the tree examples would include but are not limited to scaling of the trunk into the cambial layer greater than 2"but less than 1/3 the trunk circumference or breaking of limbs more than 2"in diameter but less than 1/3 caliper. Severe damage or removal of trees is subject to penalty of$200.00 per diameter inch of trees removed or damaged for trees less than 30"$400.00 per diameter inch of trees greater than 30".Severe damage or removal shall include but is not limited to scaring of the trunk to the cambial layer greater than 1/3 the trunk circumference,uprooting or causing a tree to lean,damage to a scaffolding branch greater than 1/3 of trunk caliper. Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back to according to American National Standards Institute(ANSI)standards.Trees greater than 6"in caliper shall be measured using diameter at breast height(DBH). In addition to any penalties or damages assessed by Parks and Recreation Department(PARD),trees severely damaged or removed shall also be subject to fines and penalties of the Tree ITB No.22-0034 1-35A-30 Grounds Maintenance Page 21 of 40 Vendor Services Agreement Page 49 of 86 9.9.2.7 Conservation Ordinance of the Fort Worth Zoning Code.Trees that must be removed due to damage caused by the Contractor shall be removed by the Forestry Section Tree Removal Contractor at the Mowing Contractor's expense. 9.9.2.8 Failure to replace or pay for damaged trees shall result in a breach of contract and the Contractor will be automatically assessed damages.Damages as described herein shall be deducted from payments otherwise due to the Contractor. 9.10 REMOVAL OF GRASS CLIPPINGS 9.10.1 Removal of cut grass from turf areas will not be required, unless otherwise specified by the Contract Administrator. Cut grass and debris that falls or is thrown by equipment upon the pavement,streets,curb,gutter,sidewalks,or adjacent properties through the action of the crew shall be removed prior to leaving the project area. 9.10.1.1 EDGING-of sidewalks,driveways and curbs,where applicable,shall be accomplished so that grass and weeds do not extend over the edge of the walks,trails,drives or curbs more than''%inch nor will they be cut back from the edge of walks,trails,drives or curbs morethan''inch.All concrete sidewalks,trails,curbs,walking paths and steps must be mechanically edged exposing concrete surface.The Contractor may use a disc edger on a mower or similar device to edge medians so long as the produced edge meets the standard set forth, above.All material dislodged by edging shall be removed from the site or blown back onto grass areas so as to leave a clean appearance.Concrete sidewalks shall be edged on both sides. 10.0 SCHEDULING 10.1 Contractor shall submit a written maintenance schedule(including start day and estimated days for completion for both services:mowing and litter only)for each project area prior to the end of the first mowing cycle.Upon approval by the Contract Administrator,the contractor will maintain this schedule throughout the mowing season.The second mowing cycle work order will not be issued until the written schedule is received and approved. If contractor expects to vary from the schedule,the contractor shall notify the Contract Administrator of the variation at least three(3)days in advance and specify an alternate completion schedule. Alternate completion schedules are subject to approval by the Contract Administrator. NOTE:Contractor will be paid only for work actually accomplished during the established mowing cycle,unless due to weather or other valid reason the Contract Administrator has granted an extension to the schedule mowing cycle. 11 0 SUPERVISION OF WORK CREW 11.1 Contractor shall provide supervision of all work crews while performing work under this Agreement.On-site supervision is not required as long as communication equipment is provided which enables the work crew to communicate with a project supervisor at all times. Each work crew shall have a designated person on the work site that has the authority to respond to inquiries about work details orpriorities. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 22 of 40 Vendor Services Agreement Page 50 of 86 12.0 EVIDENCE OF COMPLETION 12.1 The Contractor shall: 12.1.1 Use the MyFW contractor work app to document completions of each required work order. 12.2 Contractor shall have a cell phone camera capable of capturing and downloading pictures that document each completed work order on contractor work app. 12.3 Contractor shall provide photographic evidence of each work order through the use of MyFW contractor work app. 12.3.1 Photographs submitted by Contractor shall: 12.3.1.1 Be taken prior to commencement of work that accurately depicts the location designated on the work order,and upon completion,show the work performed. Photographs shall be landscape or panoramic view and taken at the same angle prior to services performed and following services. 12.3.1.2 Be in color. 12.3.1.3 Be submitted electronically with the matching work order and invoice to the assigned Contract Administrator listed on the work order. 12.3.1.4 Be submitted via email to Contract Administrator. 13.0 EQUIPMENT REQUIREMENTS 13.1 The Contractor shall have available all equipment listed in Part 2,Section 5.1.3,and material upon arrival at job site or prove that Contractor has access to all equipment necessary to perform all work outlined in this Agreement.Failure to do so is cuase for rejection of a bid and/or breach of contract. 13.2 All equipment shall be in good repair at all times and be operated by a responsible employee. 14.0 DELIVERY AND PERFORMANCE 14.1 Upon issuance of a work order,the Contractor shall begin work and shall proceed with all reasonable dispatch to complete it(Reference Section 18.2).The Contractor shall maintain the same schedule as the one submitted to the Contract Administrator at the beginning of the mowing season. 14.2 The Contractor shall be required to maintain all project areas assigned during the maintenance cycles for each project area. 14.3 Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions,but the Contractor's obligation with respect to such performance shall continue in full force and effect. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 23 of 40 Vendor Services Agreement Page 51 of 86 14.4 The Contract Administrator has the authority to cancel scheduled mowing cycles on a week-to-week basis.The cancellation will be based upon need, prevailing weather conditions and available funding. 14.5 The Contractor shall be notified of any cancellations.The City reserves the right to perform grounds maintenance operations during canceled cycles. 14.6 Contractors may be required to return to maintain specific locations during canceled cycles or after regular season mowing has ended.Any such call back work shall begin within two(2)working days of the request to perform work and sahll be completed in a timely manner. 14.7 Maintenance Schedule and Liquidated Damages 14.7.1 Failure on the part of the Contractor to maintain the required maintenance schedule or meet contract specifications may result in liquidated damages. assessment may be as much as two hundred fifty dollars($250.00)per day in liquidated damages for incomplete work in the project area;until all work is completed(liquidated damages shall not exceed the total dollars for the incomplete project location,per cycle). 14.7.1.1 Liquidated damages shall be on the specific area(s)that were not completed and identified by the Contract Administrator.The Contractor shall have 48 hours to complete the missed areas after Administrator notification before liquidated damages are assessed. 14.7.1.2 Contractor should have 48 hours to complete an area after notice to proceed is issued by the Contract Administrator. 14.7.2 FAILURE TO MEET THE CONTRACT REQUIREMENTS ON MORE THAN ONE OCCASION WITHIN THE SPECIFIED MAINTENANCE SCHEDULE MAY RESULT IN THE TERMINATION OF THE CONTRACT. 15.0 WORK ORDERS 15.1 A work order will consist of a written document specifying the type of work.Contractor name, project area,maintenance cycle,beginning and ending date,and comments.A work order is issued on the beginning date of each mowing cycle.The Contractor shall not begin work on the project area until a work order is received.The work order shall be considered complete when all work in the project area has been inspected and approved by the Contract Administrator. Both the Contract Administrator and Contractor indicating agreement with the information on the work order including any comments noted by the Contract Administrator will then sign the work order.The completed work order sheets shall be attached to the monthly invoices verifying work performed. It is mandatory that all work orders be signed after completion of each cycle before a new work order may be issued. Failure to obtain a work order prior to beginning a maintenance cycle can result in non-payment for work performed. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 24 of 40 Vendor Services Agreement Page 52 of 86 15.2 Upon issuance of a work order,the Contractor shall begin work within three(3)work days of submitted schedule or receipt of additional work orders and shall proceed with all reasonable dispatch to complete work within three(3)work days of submitted schedule or receipt of additional work orders.A work day is defined as Monday through Friday.The Contractor shall maintain the same schedule as the one submitted to the Contract Administrator at the beginning of the mowing season.The Contractor will be required to maintain all project areas assigned during the maintenance cycles for each project area. Inclement weather may result in the cancellation of a mowing cycle,only if the Contract Administrator determines that there was an insufficient time period available during the mowing cycle for the services to be performed.The Contractor may be required to return to maintain specific locations due to incomplete work. Any such call back must be completed within two(2)calendar days of the request.Failure to do so will result in non-payment of the service area. Repeated failure to do so may result in liquidated damages and contract termination. It shall be presumed that the Contractor can perform said services at the minimum rate of 25 acres per day per project area. 15.2.1 The Contractor must use the most recent format or version of the completion sheet provided by the Contractor Administrator at all times. Contractor will not be paid for completions submitted on any other format or version of the completion sheet. Completion sheet shall consist of a written document, specifying the type of work, Contractor's name, project area, maintenance cycle, beginning and end dates, and completion date. 15.2.2 The Contractor shall not begin work on the project area until a work order is received. Failure to obtain a work order prior to beginning a maintenance cycle can result in non-payment for work performed. 15.2.3 The Contractor shall submit each day's completions that are ready for inspection on the work order to the Contract Administrator within the first regular work day after the maintenance is completed.Failure to contact the assigned Contract Administrator on the next regular work day after work is completed on an area can result in liquidated damages and may lead to the termination of the Agreement. 15.2.4 The work order shall be a considered complete when all work in the project area has been inspected and approved by the Contract Administrator. 15.2.5 Failure to submit a completion sheet or obtain approval for any delay from the assigned Contract Administrator on the next regular work day after work is completed may result in the Contractor not being paid for the work. 15.2.6 Fai lure to complete work in accordance with the approved schedule and/or submit the completion sheets within required timeframes may result in liquidated damages and/or contract termination. 16.0 STREET USE PERMIT 16.1 The Contractor will be required to obtain a"Street Use Permit"prior to starting work. Contact Charles McLure at(817)392-7219 for further instructions. 16.2 The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the"Latest Edition Texas Manual on Uniform Traffic Control Devices for Street and Highways"issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways"'codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos.27,29,30 and 31. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 25 of 40 Vendor Services Agreement Page 53 of 86 16.3 The Contractor will not remove any regulatory sign,instructional sign, street name sign,or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required maintenance,the Contractor shall contact the Transportation and Public Works Department,Signs and Markings Division at phone number(817)392-7738,to remove the sign. In the case of regulatory signs,the Contractor must replace the permanent sign with temporary sign meeting the requirement of the above reference manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications,the permanent sign shall not be left in place until the temporary sign requirements are met.When work is completed to the extent that the permanent sign can be re-installed,the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave the temporary sign in place until such re-installation is completed. 17.0 INSPECTION AND ACCEPTANCE 17.1 Contract Administrator will be responsible for making inspections,monitoring the Contractor's activities and ensuring the work is performed in accordance with the Agreement specifications.The Contract Administrator shall record, process and submit all pertinent information to the Agreement file for determination of termination of Agreement or for non-renewal.Copies of documents related to inadequate performance will be submitted to the Purchasing Division. 17.2 In the event the Contractor fails to perform according to the terms of this Agreement, the Contract Administrator will notify the Contractor, in writing,of its failures.A meeting may be arranged to discuss the Contractor's deficiencies.A written cure notice will be prepared giving the Contractor ten(10)calendar days to cure any deficiency. In the event the Contractor continues with unsatisfactory performance, the Contract Administrator will promptly notify the Buyer of record or the Purchasing Division or his/her designee who will take appropriate action to cure the performance problem(s),which could include cancellation,termination for convenience or default. 17.3 The City reserves the right to terminate this Agreement, or any part hereof,for its sole convenience. In the event of such termination,the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.Payment to the Contractor will be based on actual quantities of work performed and accepted by the City. 18.0 CONTACT 18.1 Contractor shall email each day's completions and attach before and after digital photos of area(s)that are ready for inspection to the Contract Administrator.The photos shall be submitted the first regular work day after the maintenance is completed.Failure to contact the assigned Contract Administrator on the next regular work day after work is completed on an area can result in liquidated damages and may lead to the termination of the Agreement. 19.0 LAWS,REGULATIONS AND ORDINANCES 19.1 The Vendor shall be responsible for meeting al Federal:laws,ordinances and regulations;State:laws,ordinances and regulations;County:laws, ordinances and regulations;and City:laws,ordinances and regulations for safety of people, environment,and property.This includes,but is not limited to,all Federal,State, ITB No.22-0034 1-35A-30 Grounds Maintenance Page 26 of 40 Vendor Services Agreement Page 54 of 86 County,and City Agencies,Administrations and Commissions such as the Environmental Protection Agency(EPA),Occupational Safety and Health Administration(OSHA),and the Texas Commission on Environmental Quality(TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement,the Vendor is required to comply with new policy.Any mandates requiring the City to comply with new guidelines will also require the Vendor to comply. 20.0 INVOICING REQUIREMENTS 20.1 The City of Fort Worth has begun implementing an automated invoicing system. 20.2 The Contractor shall send invoices electronically to our centralized Accounts Payable department invoice email address:supplierinvoicesofortworthtexas.aov.This email address is not monitored so please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. 20.3 Please include the following on the subject line of your e-mail:vendor name, invoice number,and PO number,separated by an underscore(ex:Example, Inc-123456_FW0130000001234) 20.4 To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: • All invoices must be either a PDF or TIFF format. • Image quality must be at least 300 DPI(dots per inch). • Invoices must be sent as an attachment(i.e.no invoice in the body of the email). • One invoice per attachment(includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. • Please do not send handwritten invoices or invoices that contain handwritten notes. • Dot matrix invoice format is not accepted. • The invoice must contain the following information: • Supplier Name and Address, • Remit to Supplier Name and Address, if different, • Applicable City Department business unit#(i.e. FW013) • Complete City of Fort Worth PO number(i.e.the PO number must contain all preceding zeros); • Invoice number; • Invoice date,and • Invoices should be submitted after delivery of the goods or services. 20.5 To prevent invoice processing delays,please do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoicesO.fortworthtexas.gov.To check on the status of an invoice,please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ FIN AccountsPayablefa'�fortworthtexas.gov. 20.6 If you are unable to send your invoice as outlined above at this time,please send your invoice to our centralized Accounts Payable department instead of directly to the individual city department.This will allow the city staff to digitize the invoice for faster processing. 20.7 If electronic invoicing is not possible,you may send your paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth,Texas,76102 The City's goal is to receive 100%of invoices electronically so that all supplier payments are processed efficiently.To achieve this goal,we need the Contractor's support. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 27 of 40 Vendor Services Agreement Page 55 of 86 If Contractor has any questions, please contact the Accounts Payable team at(817)3922451 or by email to= FIN AccountsPavableCcDfortworthtexas.gov. 20.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. 21 0 UNIT PRICE ADJUSTMENT 21.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the renewal period but before the effective date of the renewal upon written request from the Vendor. 21.2 The Vendor must submit its price adjustment request, in writing,at least 60 days before the renewal effective period. The Vendor shall provide written proof of cost increases with price adjustment request. 21.3 If the City concludes that the rate increase being requested is exorbitant,the City reserves the right to adjust the rate request,or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to exercise the renewal option,the Purchasing Division will issue a new solicitation. 21.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs. 21.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals,the unit prices offered will govern. 21.6 Upon expiration of the Agreement term the successful bidder,agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the city to re-bid an agreement, not to exceed ninety(90)days.Vendor will be reimbursed for this service at the prior agreement rate(s).Vendor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. 21.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice to the City. 22.0 INSURANCE REQUIREMENTS 22.1 The Contractor shall carry insurance in the types and amounts for the duration of this contract as listed in the draft service agreement,Attachment F to this solicitation, and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof. 23.0 PERFORMANCE 23.1 Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect. 24.0 SUBCONTRACTING 24.1 No subcontracting of the work under this contract will be allowed without written permission from the City. ITB No.22-0034 1-3511-30 Grounds Maintenance Page 28 of 40 Vendor Services Agreement Page 56 of 86 250 HAZARDOUS CONDITIONS 25.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to any property. 25.2 Hazardous materials shall be handled with care and workers shall wear Personal Protective Equipment(PPE)while handling hazardous material. If there are questions regarding how to dispose of materials,the Contractor shall contact City of Fort Worth Code Compliance at 817-392-1234. 260 CONTRACT ADMINISTRATION AND TERMINATION 26.1 Contract administration will be performed by the City Department. In the event the Vendor fails to perform according to the terms of the agreement,The Department head or his/her designee will notify the Vendor,in writing,of its failures.A meeting may be arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. 26.2 In the event the Vendor continues with unsatisfactory performance,the department will promptly notify the Purchasing Manager who will take appropriate action to cure the performance problem(s),which could include cancellation,termination for convenience or default. If the agreement is terminated for default,the Vendor may be held liable for excess cost and/or liquidated damages. 26.3 The Vendor will be paid only those sums due and owing under the agreement for services satisfactorily rendered,subject to offset for damages and other amounts which are,or which may become,due and owing to the City. 26.4 The City reserves the right to terminate this agreement,or any part hereof,for its sole convenience. In the event of such termination,the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and sub-Vendors to cease work.Subject to the terms of this agreement,the Vendor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the City using its standard record keeping system,have resulted from the termination. However,in no event shall the total of all amounts paid to the Vendor exceed the agreement price.The Vendor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 27.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 27.1 If the Federal award meets the definition of"funding eCFR—Code of Federal Regulations agreement"under 37 CFR§401.2(a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 28.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 28.1 Vendor shall comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387).Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). ITB No.22-0034 1-35A-30 Grounds Maintenance Page 29 of 40 Vendor Services Agreement Page 57 of 86 29.0 DEBARMENT AND SUSPENSION 29.1 Per Executive Orders 12549 and 12689,a contract award(see 2 CFR 180.220)shall not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp.,p. 189)and 12689(3 CFR part 1989 Comp., p.235),"Debarment and Suspension."SAM Exclusions contains the names of parties debarred,suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 30.0 BYRD ANTI-LOBBYING AMENDMENT(31 U.S.C.1352) 30.1 Firms that apply or bid for an award exceeding$100,000.00 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C.1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier up to the non-Federal award. 30.2 Bidders shall provide proof of Byrd Anti-Lobbying Amendment certification filings with their bid,if the bid exceeeds$100,000.00. 31.0 NO BOYCOTT OF ISRAEL 31.1 If Vendor has fewer than 10 employees or this Agreement is for less than$100,000, this section does not apply.Vendor acknowledges that in accordance with Chapter 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, Vendor certifies that Vendor's signature provides written verification to the City that Vendor:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the Agreement. 32.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES 32.1 Vendor 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 fulltime 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, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not boycott energy companies;and(2)will not boycott energy companies during the term of this Agreement. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 30 of 40 Vendor Services Agreement Page 58 of 86 33 0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES 33.1 Vendor 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, Vendor certifies that Vendor's signature provides written verification to the City that Vendor:(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 against a firearm entity or firearm trade association during the term of this Agreement. 34.0 RIGHT TO AUDIT 38.1 Vendor agrees that City shall,until the expiration of three(3)years after final payment under the Agreement,have access to and the right to examine any directly pertinent books, documents,papers and records of Vendor involving transactions relating to the Agreement.Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section.City shall give Vendor reasonable advance notice of intended audits. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 31 of 40 Vendor Services Agreement Page 59 of 86 ATTACHMENT A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code,any person or agent of a person who contracts or seeks to contract for the sale or purchase of property,goods,or services with a local governmental entity (i.e.The City of Fort Worth)must disclose in the Questionnaire Forms CIQ("Questionnaire")the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law,the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City,or submits an application or response to a request for proposals or bids,correspondence,or another writing related to potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance,please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE:If you are not aware of a Conflict of Interest in any business relationship that you might have with the City,state Contractor name in the#1,use N/A in each of the areas on the form. However,a signature is required in the#7 box in all cases. ITB No.22-0034 1-35/I-30 Grounds Maintenance Page 32 of 40 Vendor Services Agreement Page 60 of 86 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing busyness with local governmental entity This questionnaire reflects changes mode to the law by H.B.23,Bath lag.,Regular Session OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176.Local Gommment Code.by a vendor who e3 a Rn ewe has a business reiationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed*0 the records administrator of the local governmental entity not late, than the 7th business day after the data the vendor becomes aware of lads that require the statement to be filed. See Section 176.006(a-1),Local Govemment code. A vendor commits an offense 4 the vendor knowingly,violates Section 176.006.Local Government Code.Ar offense under this section is a misdemeanor. 1 Name ofvendorwho has a business relationship with local governmental entity. 2 Cheek this box If you are fin on u to a previously filed questionnaire.(The law requires that you file an update, Y n9 Pda� P �Y q ®q Y I�", completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer Ij Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described.Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income. other than investment income,from the vendor? Yes F—]No B. Is the vendor receiving or likely to receive taxabie income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? F7Yes No 51 Describe each employment or business relationship that the vendor named in Section t maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 6 ElChockthis box if the vendor has given the local govemment officer or a familymember of the officer one or more gifts as described in Section 176.003(a)(2)(B),excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business wit the governmental entity Dale Form prarrded by Texas Ethics Commission www.ethics.state.tx.us Revised 11IM21 ITB No.22-0034 1-3511-30 Grounds Maintenance Page 33 of 40 Vendor Services Agreement Page 61 of 86 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http:4www.statutes.legis.state.tx.us Docs''LG'htm,LG 176 htm.For easy reference.below are some of the sections cited on this form. Local Government Code 4176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal.state,or local governmental entity or an agency of a federal,state,or local governmental entity: (B) a transaction conducted at a price and subject to terms available to the public.or (C)a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code 4 176.003(a)(2)(A)and(B): La)A local government officer shall file a conflicts disclosure statementwith respect to avendor d: (2)thevendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income.other than investment income,that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i)a contract between the local governmental entity and vendor has been executed. or (ii) the local governmental entity is considering entering into a contract with the vendor: (B)has given to the local govemment officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the I2-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed,or (ii) the local governmental entity is considering entering into a contract with the vendor Local Government Code 4 176.006(a)and(a-1) la)A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer.described by Section 176.003(a)(2)(A): (2) has given a local government officer of that local governmental entity,or a family member of the officer.one or more gifts with the aggregate value specified by Section 176.003(a)(2)(8),excluding any gift described by Section 176.003(a-1).or (3) has a family relationship with a local government officer of that local governmental entity. (a-1)The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor. (A) begins discussions or negotiations to enter Into a contract with the local governmental entity;or (B)submits to the local governmental entity an application,response to a request for proposals or bids,correspondence,or another writing related to a potential contract with the local governmental entity:or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer Form provided by Texas Ethics Commission www.ethics.state.tx.us R_� d 1r._J_' ITB No.22-0034 1-35/1-30 Grounds Maintenance Page 34 of 40 Vendor Services Agreement Page 62 of 86 ATTACHMENT B CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids,to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid,depending on the value of the request and goods or services requested,if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth,Texas. a. Do you have a Fort Worth office? If yes, identify address: b. What percentage of estimated gross company sales(worldwide)are sales originating in Fort Worth? "Originating in Fort Worth"shall mean payable at the Fort Worth office. [must exceed 50%] 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? b. Amount of City of Fort Worth ad valorem taxes(real and business personal property)paid by company(for prior tax year—Fort Worth office or former location,if Fort Worth office is newly established)? Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof,under penalty of perjury. (Company Name) (Date) (Signature) (Printed Name and Title) ITB No.22-0034 1-35/1-30 Grounds Maintenance Page 35 of 40 Vendor Services Agreement Page 63 of 86 ATTACHMENT C VENDOR CONTACT INFORMATION The contacts below will be available to the City of Fort Worth per Part 2,Section 6.8. Vendor's Name: Vendor's Local Address: Phone: Fax: Email: Main Point of Contact: Name/Title Phone: Fax: Email: Back-up Point of Contact: Name/Title Phone: Fax: Email: Back-up Point of Contact: Name/Title Phone: Fax: Email: By signing this page,the contractor confirms that the people listed above will serve as the point of contact for the City of Fort Worth.The Contractor shall notify the City as soon as possible of any changes made to the contact list. Signature Printed Name Date ITB No.22-0034 1-35A-30 Grounds Maintenance Page 36 of 40 Vendor Services Agreement Page 64 of 86 ATTACHMENT D BIDDER QUALIFICATION QUESTIONNAIRE 'Please attach a separate piece of paper to elaborate or explain any answers for the below' 1. Does the bidder have a minimum of two years of experience conducting services similar or related to the scope of services? ❑Yes❑ No-If no please explain why. 2. If the bidder answers"Yes"for any of the questions,supplier must attach separate sheets,with a brief description or explanation of the answer and provide pertinent contact information(parties'names, addresses and telephone numbers). Has the bidder ever defaulted on a contract? ❑ Yes ❑ No Are there currently any pending judgements,claims or lawsuits against ❑ Yes ❑ No the bidder? Does the bidder currently have any pending claims,judgements or ❑ Yes ❑ No lawsuits against any prior client? Is the bidder and/or its principals involved in any bankruptcy or ❑ Yes ❑ No reorganization proceedings? Has the bidder had to respond to a CAR(Corrective Action Report)? ❑ Yes ❑ No 3. Is the bidder able to meet all federal,state,and local requirements related to workplace safety?❑ Yes ❑No-If no, please explain why. 4. Is the bidder able to provide their staff with the necessary equipment,uniforms,etc.that are associated with the job requirements? ❑ Yes❑No-If no please explain why. 5. What is the Bidder's background,number of years in business,and bidder's timeframe to provide services after notification? 6. Does the bidder have and operate a full time,permanent business address with the ability to be reached by email and telephone? ❑Yes❑No-If no please explain why. I hereby attest that everything in this attachment has been completed to the best of my knowledge,truthfully. Bidder Representative Name and Signature: Company: Date: Title: ITB No.22-0034 1-35A-30 Grounds Maintenance Page 37 of 40 Vendor Services Agreement Page 65 of 86 ATTACHMENT E LIST OF MACHINERY AND EQUIPMENT THE LISTED ITEMS OF MACHINERY AND EQUIPMENT ARE REPRESENTED AS PART OF THIS BID AND ARE AVAILABLE FOR USE IN PERFORMANCE OF THIS BID."BEING AVAILABLE"SHALL MEAN THAT THE EQUIPMENT IS OWNED OR UNDER THE CONTROL,THROUGH A LONG-TERM LEASE OF AT LEAST ONE YEAR,OF THE CONTRACTOR SUBMITTING THIS BID. UNITS TYPES OF EQUIPMENT ATTACH ADDITIONAL SHEETS AS NEEDED. Number of Crews available for this bid: Personnel per Crew: Vendor Name: Signature Printed Name Date ITB No.22-0034 1-35/1-30 Grounds Maintenance Page 38 of 40 Vendor Services Agreement Page 66 of 86 ATTACHMENT F-DRAFT SERVICE AGREEMENT The draft service agreement is attached as a separate document. ATTACHMENT G-SERVICE AREAS MAPS The service areas maps are attached as a separate document. ITB No.22-0034 1-35A-30 Grounds Maintenance Page 39 of 40 Vendor Services Agreement Page 67 of 86 ATTACHMENT H DOCUMENTATION CHECKLIST Bidder shall complete the below to aid in responsiveness* Refer to Part 1,Section 14.2 for more information on the below required documents. Required Documents Document Attached?YESINO Page Number(s)of Bid Response *Answering No to the below *Bidder will need to number each will result in the bid being page of their proposal* deemed non-responsive* A completed and signed Bid Submission Signature Page A completed Bid Solicitation Three(3)reference letters from previous or current customers(not to include City of Worth employees) Evidence that the bidder is duly qualified and capable to fulfill and abide by the requirements listed herein with the bid Bidder's background,number of years in business,and bidder's timeframe to provide services after notification. Detailed performance plan that outlines the method used to ensure needs of City will be met Signed and completed List of Machinery and Equipment, Attachment E Copy of Bidder's current Pesticide/ Herbicide Applicator's License Contractor's qualifications detailing grounds maintenance provided to previous or currentpublic entities Completed and signed Conflict of Interest Questionnaire, Attachment A Completed Consideration of Location of Bidder's Principal Place of Business, Attachment B Completed and signed Vendor Contact Information,Attachment C Completed and Signed Bidder Qualification Questionnaire,Attachment D Signed Addendum(if applicable) Scanned copy of all documents ITB No.22-0034 1-35A-30 Grounds Maintenance Page 40 of 40 Vendor Services Agreement Page 68 of 86 EXHIBIT D Contractor's Bid Response to City's ITB No.22-0034 FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID —— -- — -- — CPw01-22-oo1a Page Invited: PUBLIC EVENT DETAILS Event Round Version 3 1 1 Submit To: City of Fort Worth Event Name FINANCIAL MANAGEMENT SERVICES ITB 1-35/1-30 Grounds Maintenance FINANCE-Purchasing Start Time Finish Time 200 Texas St.(Lower Level,South) :2112/2'21 08:00:00 CST 01 13/2022 13:30:00 CST Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned,by his/her signature,represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by submitting and signing below,acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference,and agrees to be bound by the terms therein. / Legal Company Name: C1V\,\\d Company Address: �1\ 7 b w k .M ^AI V City,State,Zip:K�ce r u'11 S l X )R �_o Vendor Registration No. L 3 213 3 a•$S ` Printed Name of Officer or Authorized Representative:_C of Title: Signature of Officer or Authorized Representative: Date:►p I a Email Address: C r S(� . -vv� 6 A,\ Phone Number:_ Pik—) (, ) y 16(p Federal Identification Number(FID): g a--� 5 135 Will this agreement be available for Cooperative Agreement use?Yes No Vendor Services Agreement Page 69 of 86 FORT NORTH '*'?� CITY OF FORT WORTH BID OFFER Eve .22-0039 -- - -- Page Invited: PUBLIC EVENT DETAILS ,Zot, Event Round 9 Submit To: City of Fort Worth 1 Event Name -- - - -- - FINANCIAL MANAGEMENT SERVICES ITB I-35/I-30 Grounds Maintenance FINANCE-Purchasing Start Time Finish Time 200 Texas St.(Lower Level,South) 12/22 2021 08:00:00 CST 01 13 2022 13:30:00 CST Fort Worth 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line Details Line: 1 Description: Qtv Unit UnitPrlce Grounds maintenance at Camp Bowie Sections 6.00 EA Total 1 through 27(Page 1 ofAttachment G) ®o �yao Line: 2 Description: Qtv Unit UnkPrice Litter/trash removal only at Camp Bowie- 24 00 Eq Total Sections 1 through 27(Page 1 ofAttachment G) 00 Era o Line: 3 Description: Qtv Unit UnkPrIce Grounds maintenance at University West 6.00 EA Total Sections 1 through 27(Page 2 of Attachment G) I boo Line: 4 Description: Qtv Unit UnitPrice Litter/trash removal only at University West 24.00 EA Total -Sections 1 through 27(Page 2 ofAttachment G' Line: 5 Description: Qtv Unit UnitPrice Grounds maintenance at Forest Park-Sections 6.00 EA Total 1 through 31(Page 3 ofAttachment G) �OOO ��000 Line: 6 Description: Qtv Unk 1-itt UnkPrice erhrash removal only at Forest Park- 24 00 EA Total Sections 1 through 31(Page 3 ofAttachment G) A 0 Line: 7 0 Descri lion: Unit Grounds maintenance at Lancaster-Sections 1 UnitPrice Total through 46(Page 4 ofAttachment G) 6.00 EA Line: 8 �0 Description, Unit UnkPrica Litter/trash removal only at Lancaster- 24.00 EA Total Sections 1 through 46(Page 4 ofAttachment D a. Vendor Services Agreement Page 70 of 86 FORT WORTH CITY OF FORT WORTH BID OFFER Event - Page Invited: PUBLIC EVENT DETAILS CFWOl-22-0039 _ 5 Event Round Version 1 I Submit To: City of Fort Worth Event Name -- - FINANCIAL MANAGEMENT SERVICES ITS I-35/I-30 Grounds Maintenance FINANCE-Purchasing Start Time Finish Time 200 Texas St.(Lower Level,South) 12/22 2021 08:00:00 CST 01/13/2022 13:30:00 CST Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Descr, Lion: Unit UnkPrlce Grounds maintenance at Henderson-Sections 1 6.00 EA Total through 30(Page 5 of Attachment G) ® 50 Line: 10 Description: Unit UnItPrlce Litter/trash removal only at Henderson- 2400 FA Total Sections 1 through 30(Page 5 of Attachment . Line: 11 Descrl Lion: Unit UnitPrlce Grounds maintenance at Hattie Jessamine- B.00 EA Tote, Sections 1 through 37(Page 6 of Attachment G) l o a I b 00 Line: 12 Description: Unit UnItPrice Litter/trash removal only at Hattie Jessamine 24.00 E4 Total -Sections 1 through 37(Page 6 of Attachment G' ,tom � 800 Line: 13 Description: Unit UnkPriee Grounds maintenance mowing and liner/trash Total removal per linear curb mile of area and 21789.00 SF Including up to 20'from the curb on an as needed basis. O C ^OO Line: 14 J 0� Description: Unit Utter/trash removal per linear curb mile of UnitPHce Total area and including up to 20'from the curb on 21789.00 SF an as needed basis. 3 0 Line: 15 Description: lity Unit Un,tPrice Grounds maintenance mowing and litter/trash 21789 00 SF Total removal per acreage of the area on an as � needed basis. Line: 16 Descri tion: Unit Litter/tresh removal per acreage of the area 21789.00 SF UnitPnce Total on an as needed basis. q Q�c;E 3 Vendor Services Agreement Page 71 of 86 FORT WORTH. ~'� CITY OF FORT WORTH BID OFFER Event ID-22-0039 Page C£WO1 Invited: PUBLIC EVENT DETAILS G Event Round Version Submit To: City of Fort Worth 1 1 Event Name FINANCIAL MANAGEMENT SERVICES FINANCE-Purchasing 'tart I-35/I-30 Grounds Maintenance 200 Texas St.(LowerLevel,South) Start Time Finish Time Fort Worth TX 76102 12/22/2021 08:00:00 csT 01/13/2022 13:30:00 CST United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 17 Description: llty Unit UnitPrice Total Pesticide/herbicide treatment on an as needed 43560.00 SF -- basis. .00y -- Total Bid Amount: .1 7 c^� pac,�-- 'A Vendor Services Agreement Page 72 of 86 T H E C I T Y O F EUT �1�SS Date:12/16/21 Subject:Letter of Recommendation for GI-Mow To whom it may concern: The City of Euless has had the pleasure of partnering with GI-Mow since 2019.Over the last few years,GI-Mow has provided excellent lawn and landscape services for our city. I have found that everyone on their team,from the top down,is nothing short of skilled and professional with an attention to detail and customer service being second to none.The office staff always answers the phone,and is extremely timely in responding to any e-mail correspondence.The field crews are true masters of their craft.It is clearly evident that they take great pride in the work that they do. GI-Mow has always performed any task asked of them at the drop of a hat,always willing and able to do whatever it takes to maintain the highest standard of excellence. I would not hesitate to recommend GI-Mow for your lawn and landscape needs. Should you have any questions or additional concerns,please feel free to contact me. Sincerely, Ryan Turner Parks Superintendent City of Euless 201 N.Ector Dr. Euless,Texas 76039 817.685.1653 201 N.Ector Drive,Euless,Texas 76039-3595 817/685-1400•Metro 817/267-403.Fax 817/685-1416 www.ci.euless.tx.us Vendor Services Agreement Page 73 of 86 Chase Oaks Homeowners Association Keller,TX https://chaseoakshoa.com/ To Whom It May Concern: Chase Oaks Homeowners Association used GI-Mow's services over the last four years to take care of our common area(about 4 acres).They do excellent work mowing,bush trimming and installing Christmas lights.Their crews are polite,punctual,hardworking,and reliable. GI-Mow's billing is accurate and is submitted on time.They do a great job at sticking to the agreed upon mowing schedule and grass height. I am happy with the service GI-Mow provides and happy to work with a veteran owned company.They run the company well,which is evident from the employee retention and lack of employee turnover. I would highly recommend this company. Sincerely, Oleg Reztsov Chase Oaks HOA Board President,2017-2021 V Vendor Services Agreement Page 74 of 86 T H E C I T Y O F EULESS January 10,2022 RE:G.I.Mow 5821 Jennings Drive North Richland Hills,Texas 76180 With confidence,I recommend G.I.Mow as a mowing and grounds maintenance contractor. The City of Euless Parks Department has had the pleasure of working with G.I.Mow now for three seasons without any issues. The maintenance workers perform their duties in a clean,courteous and well-organized manner and represent the professionalism of their company. Communication between our Parks Superintendent and Curtis at G.I.Mow has always been both timely and efficient. I am pleased with the work they have performed in our city and I look forward to continuing a working relationship with them for years to come. I would highly recommend them as a contractor to anyone looking for exceptional work from an exceptional contractor. Re V Ray McDonald Director of Parks&Community Services City of Euless,Texas 201 N.Ector Drive,Euless,Texas 76039-3595 817/685-1400•Metro 817/267-4403•Fax 817/685-1416 www.ci.euless.tx.us Vendor Services Agreement Page 75 of 86 AUZ= GI-Mow ATM 2' TIN: 82-3593885 (817)675-0106 www.G[-Mow.com Curtis@GI-Mow.com Please consider GI-Mow for this contract. We are a veteran owned company located in North Richland Hills and currently employ 25 employees. We are experiencing staffing issues much like every other business in the U.S. right now. We are constantly trying the latest and greatest hiring practices in order to get fully staffed. We have no issues covering all of our current contracts with the staff we have. Management and Approach: We will run a 5-6 man crew using three 72" mowers along with the weed eaters and blowers needed to complete this. Most likely we will mow Henderson in one day, Lancaster the next day, Forest Park and University West in one day, then Camp Bowie and Hattie/Jessamine in one day. If we are on a weather delay, or experience equipment issues we will reschedule the property to be serviced within 48 hours. We will also do random quality checks. If we mistakenly miss a section we will correct it within 48 hours. We have our own mechanics on staff that can make service calls on site if needed. We also have vendors that we can rent mowers, and vehicles from in the event of a major equipment breakdown. Industry Experience: Attached are some of our biggest customers in which we have great working relationships over the last 5 years. We do favors for them and they do favors for us. We are very selective on who we do business with because we have learned in the past that not every customer is a good fit for us. Our culture is much different than most where we put our employees first and customers second. We've learned that if we have happy employees then we have happy customers. Employees tend to care much more about their work the more we invest in them. Vendor Services Agreement Page 76 of 86 ATTACHMENT E LIST OF MACHINERY AND EQUIPMENT THE LISTED ITEMS OF MACHINERY AND EQUIPMENT ARE REPRESENTED AS PART OF THIS BID AND ARE AVAILABLE FOR USE IN PERFORMANCE OF THIS BID.'BEING AVAILABLE"SHALL MEAN THAT THE EQUIPMENT IS OWNED OR UNDER THE CONTROL,THROUGH A LONG-TERM LEASE OF AT LEAST ONE YEAR,OF THE CONTRACTOR SUBMITTING THIS BID. UNITS TYPES OF EQUIPMENT C ATTACH ADDITIONAL SHEETS AS NEEDED. Number of Crews available for this bid:_, Personnel per Crew: _ Vendor Name: ��'/� (� W Ulb Signature Printed Name Date ITB No.22-0034 1-35/1-30 Grounds Maintenance Page 38 of 40 Vendor Services Agreement Page 77 of 86 71 GI-Mow AW TIN: 82-3593885 ' Curtis Kinsey (817)675-0106 www.GI-Mow.com Curtis@GI-Mow.com EQUIPMENT LIST(Owned) Quantity Type of Equipment (7) 2018 Dodge Ram Pickup Trucks with enclosed trailers (3) 2019 Exmark 96"Diesel (3) 2019 Exmark 72"Diesel (1) 2015 Ventrac with 84"contour deck and interchangeable 72"deck (1) 2018 Gravely 72": mulch kit (2) 2017 Exmark Lazer Z 60": mulch kit and turf tires (1) 2018 Gravely 52": mulch kit (2) 2017 Gravely Compact Pro 34": mulch kits and turf tires (1) 2008 Walker GHS Zero Turn 36": bagging kit and turf tires (2) 2016 Exmark Push Mower 21": bagging kits (2) 2015 Honda Push Mower 21": bagging kits (20) Stihl Weed Eaters/Edgers (12) Stihl BP Blowers (1) Scag 48"Windstorm Stand-on Blower (1) 2021 Exmark 72"Mower (1) 2015 Toro 11' Batwing Diesel � a Vendor Services Agreement Page 78 of 86 TEXAS DEPARTMENT OF AGRICULTURE P.O.BOX 12847 AUSTIN,TEXAS 78711-2847 COMMERCIAL PESTICIDE APPLICATOR LICENSE CURTIS KINSEY o A� 4170 WILLMAN AVE License No: 0849364 NORTH RICHLAND HILLS TX Effective Date: 02/11/2021 76180 Expires: 02/28/2022 IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIII `1 Vendor Services Agreement Page 79 of 86 GI-Mow Ad TIN: 82-3593885 IWARMOMA Curtis Kinsey ' (817)675-0106 www.GI-Mow.com Curtis@GI-Mow.com CONTRACTS & REFERENCES 1) Company Name City of Fort Worth Water Production Current Contract 4 Years(customer/firm satisfaction 5) Yearly Revenue $650K Name of Contact Kenny Wilson Title of Contact Superintendent Present Address 1608 11 th Avenue City,State,Zip Fort Worth,TX 76102 Phone Number 817-475-6643 Email Kennv.Wilson(0)fortworthtexas gov 2) Company Name City of White Settlement Parks and Recreation Current Contract 4 Years (customer/firm satisfaction 5) Yearly Revenue $90k Name of Contact Richard Tharp Title of Contact Director Present Address 214 Meadow Park Drive City,State,Zip White Settlement,TX 76108 Phone Number 817-246-4971 ext.266 Email rtharpawstx us 3) Company Name City of Fort Worth Parks and Recreation Department Current Contract 3 Years (customer/firm satisfaction 5) Yearly Revenue $1.4M Name of Contact Chris Swindle Title of Contact Contract Compliance Specialist Present Address 200 Texas Street City,State,Zip Fort Worth,TX 76102 Phone Number 817-392-5478 Email Chris.Swindle(a)fortworthtexas gov 4) Company Name City of Euless Parks and Recreation Department Current Contract 3 Years (customer/firm satisfaction 5) Yearly Revenue $25K Name of Contact Ray McDonald III Title of Contact Director Present Address 505 West Harwood Road City,State,Zip Euless,TX,76039 Phone Number 817-685-1669 Email RMcDonald@eulesstx.gov � a Vendor Services Agreement Page 80 of 86 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,e4th tag.,Regular Session OFFICEUSEONLY This Questionnaire is being filed in accordance with Chapter 116.Laval Government Code,by a vendor whr has a business relationship as defined by Section 176.001(1-ai with a local governmental entity and the vendor meets requirements under Set.Yion 176.006tai By law this questionnaire must be'iled wim the records administrator of the local govemmemal entity not We- IN3r;the 7th business day after the dare the vendor becomes aware of fates that requre the statement to filed. See Section I76.006(a-1).Local Government Code. A vendor commies an offense if fits vendor wtowingy violates Sectior 1-6.306.Local Government Code.A- aNense udder this sect )on is a misdemeanor. t Name of vendor who has a business relationship with local governmental entity. C- .:t,si C) 2 Check this box if you are filing an updaa to a previously filed questionnaire.(The law requires that you isle an updatea completed questlonnarewith tie appropriate fling authority not Later than the 7th business day after the date on which you became aware that the crginaly fled quastionnare was ncompleta or inaccurate.) 3 Name of local govemment officer ab 01 t yvhom the information is being disclosed. Name of officer .2j Describe each employment or other business relationship with the local govemment officer,or a family member of the officer.as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B foreach employment or business relationship described.Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxabe income. other than investment income.tom the vendor? Yes F-1 No B. Is thevenoor receiving or likey to raceve taxable income,other than investment income.from or at the direction of the local government office*or a farm y member of tha officer AND the taxable income is not received from the local governmental entity's F7 Yes F-1 No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a col or other business entity with respect to which the local government officer serves as an officer or director,or holds ownership interest of one percent or more. 6 ❑ Checr to s box if the vendor nas gven the local government officer or a family member of the officer one or more gifts as descrbeo in Section 176.0031a;(2,(B),excluding gdts described in Section 176.003(a-li. 7 I ry a ognature o van or in us s t e governmon s ennty a Farm presided by Texas Ethics Comtlacsron wow.ethics-state.tx.us Re i d'r'l202- ITB No.22-00341-35l1-30 Grounds Maintenance Page 33 of 40 Vendor Services Agreement Page 81 of 86 ATTACHMENT B CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids,to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid,depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth,Texas. a. D/V u have a Fort Worth office? If yes,identify address: b. What percentage of estimated gross company sales(worldwide)are sales originating in Fort Worth"FJriginating in Fort Worth"shall mean payable at the Fort Worth office.[must exceed 50%] 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? 7 b. Amount of City of Fort Worth ad valorem taxes(real and business personal property)paid by company(for prior tax year—Fort Worth office or former location,if Fort Worth office is newly established)? Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof,under penalty of perjury. C -�1 ©LAJ (Comp y Name) (Date) (Signature) t (Printed Name a.d Title) ITB No.22-0034 1-35/1-30 Grounds Maintenance f Page 35 of 40 l l Vendor Services Agreement Page 82 of 86 ATTACHMENT C VENDOR CONTACT INFORMATION The contacts below will be available to the City of Fort Worth per Part 2,Section 6.8. Vendor's Name: Vendor's Local Address: UI `�� n ``�S Tx -)b I�o Phone: 1�' �S U I t)(, Fax: Email: C„r�.S Qt'MOvt1 COr'1 Main Point of Contact: Namelritle C ,f��S k��5 6 r Phone: 0Fax: Email: C t�, ' -✓V,6W• Cd Back-up Point of Contact: Namelritle f^ A Phone: 211 Fax: Email: v r Back-up Point of ontact: Name/Title I/ �� p cps ,Haut A e Phone: \ y Fax: Email: dyt -✓1q a G By signing this page,the contractor confirms that the people listed above will serve as the point of contact for the City of Fort Worth.The Contractor shall notify the City as soon as possible of any changes made to the contact list. 10 za Signature Printed Name Dat ITB No.22-0034 1-35/1-30 Grounds Maintenance Page 36 of 40 Vendor Services Agreement Page 83 of 86 ATTACHMENT D BIDDER QUALIFICATION QUESTIONNAIRE "Please attach a separate piece of paper to elaborate or explain any answers for the below' 1. Does the bidder have a minimum of two years of exper' nce conducting services similar or related to the scope of services? 7Yes❑No-If no please explain why. 2. If the bidder answers"Yes"for any of the questions,supplier must attach separate sheets,with a brief description or explanation of the answer and provide pertinent contact information(parties'names, addresses and telephone numbers). Has the bidder ever defaulted on a contract? ❑ Yes No Are there currently any pending judgements,claims or lawsuits against ❑ Yes No the bidder? Does the bidder currently have any pending claims,judgements or ❑ Yes No lawsuits against any prior client? Is the bidder and/or its principals involved in any bankruptcy or ❑ Yes No reorganization proceedings? Has the bidder had to respond to a CAR(Corrective Action Report)? ❑ Yes No 3. Is the bidder able to meet all federal,state,and local requirements related to workplace safety?-K Yes ❑No-If no,please explain why. 4. Is the bidder able to provide their staff with the necessary equipment,uniforms,etc.that are associated with the job requirements? 71, Yes❑No-If no please explain why. 5. What is the Bidder's background,number of years in business,and bidder's timeframe to provide services after notification? 1 50A aO 6. Does the bidder have and operate a full time,permanent business address with the ability to be reached by a iI and telephone? Yes❑No-If no please explain why. I hereby attest that everything in this attachment has been completed to the best of my knowledge,truthfully. Bidder Representative Name and Signature: Y 1/ �' Tany: S Title- J byi Date: Alb ITB No.22-0034 1-35/1-30 Grounds Maintenance Page 37 of 40 Vendor Services Agreement Page 84 of 86 ATTACHMENT H DOCUMENTATION CHECKLIST *Bidder shall complete the below to aid in responsiveness* Refer to Part 1,Section 14.2 for more information on the below required documents. Required Documents Document Attached?YESINO page Number(s)of Bid Response *Answering No to the below *Bidder will need to number each will result in the bid being page of their proposal* A completed and signed Bid deemed non-responsive* Submission Signature Page Ye 5 A completed Bid Solicitation _ Three(3)reference letters from previous or current customers(not to include City of Worth employees) Ye 5 5 Evidence that the bidder is duly qualified and capable to fulfill and abide by the requirements listed Ye es �} herein with the bid j� Bidder's background,number of years in business,and bidder's timeframe to �� provide services after notification. Detailed performance plan that outlines the method used to ensure needs of City will be met Signed and completed List of Machinery and Equipment, C rr11 Attachment E ) I tJ Copy of Bidder's current Pesticide/ �e I Herbicide Applicator's License Contractor's qualifications detailing grounds maintenance provided to ^ previous or currentpublic entities e Completed and signed Conflict of Interest Questionnaire,Attachment A Completed Consideration of Location of Bidder's Principal Place of Business, Attachment B Completed and signed Vendor Contact Information,Attachment C Completed and Signed Bidder 1 Qualification Questionnaire,Attachment + D P5 Signed Addendum(if applicable) Scanned copy of all documents \ ` ' ITB No.22-00341-35/1-30 Grounds Maintenance Page 40 of 40 Vendor Services Agreement Page 85 of 86 EXHIBIT E VERIFICATION OF SIGNATURE AUTHORITY CIVLIAN DIVISION LLC d/b/a GI—MOW 4170 WILLMAN AVE RICHALND HILLS TX,76180 Execution of this Signature Verification Form (`Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Contractor and to execute any agreement, amendment or change order on behalf of Contractor. Such binding authority has been granted by proper order,resolution,ordinance or other authorization of Contractor.City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Contractor. Contractor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Contractor. 1. Name: Curtis Kinsey Position: Owner Curtis Kinsey(Apr 27,2012 15:19 CDT) Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Curtis Kinsey Cc rdk Kr, j&e Curtis Kinsey(Apr 27,2 2 15:19 CDT) Signature of Owner Date: Apr 27, 2022 Vendor Services Agreement Page 86 of 86 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOT Wow Create New From This M&C DATE: 4/12/2022 REFERENCE**M&C 22- LOG NAME: 13P ITB 22-0034 135/130 GROUNDS NO.: 0263 MAINTENANCE CC ADK CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (CD 3, CD 7, CD 8,and CD 9)Authorize Execution of an Agreement with Civilian Division, LLC, dba GI Mow for Interstate 35/Interstate 30 Grounds Maintenance for an Annual Amount Up to $327,525.00 and Authorize Four One-Year Renewals for the Same Annual Amount for the Code Compliance Department RECOMMENDATION: It is recommended that the City Council authorize an agreement with Civilian Division, LLC, dba GI Mow for Interstate 35/Interstate 30 grounds maintenance for an annual amount up to $327,525.00 and authorize four one-year renewals for the same annual amount for the Code Compliance Department. DISCUSSION: The Code Compliance Department approached the Purchasing Division to procure an agreement for Interstate 35/Interstate 30 Grounds Maintenance. In order to procure the services, staff issued an Invitation to Bid (ITB). ITB No. 22-0034 opened on December 22nd, 2021 and consisted of detailed specifications regarding the requirements for the grounds maintenance. The ITB was advertised in the Fort Worth Star-Telegram on December 29 , 2021, January 5th 2022, and January 12th , 2022. The City received one response. Staff evaluated the bid response and recommends awarding a one-year agreement with four additional one-year renewals to Civilian Division, LLC dba GI Mow. No guarantee was made that all amounts of these items will be purchased. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. Funding is budgeted in the Other Contractual Services account of the Solid Waste Fund. AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and expire one year from that date. RENEWAL TERMS: This agreement may be renewed for four additional one-year terms. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. DVIN-BE: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; FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Solid Waste Fund to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Code Compliance Department the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year I (Chartfield 2) FROM Fund Department Account Project Program Activity I Budget Reference# Amount ID ID Year I (Chartfield 2) Submitted for City Manager's Office by_ Reginald Zeno (8517) Valerie Washignton (6192) Ori inatin Department Head: Anthony Russo (8338) g g—p Brandon Bennett (6322) Additional Information Contact: Cynthia Garcia (8525) Ashley Kadva (2047) ATTACHMENTS 13P ITB 22-0034 135.30 GROUNDS MAINTENANCE CC.xlsx (CFW Internal) 13P ITB 22-0034 i35.30 GROUNDS MAINTENANCE.docx (CFW Internal) Civilian Divsiion Sams.PNG (CFW Internal) FID Table 22-0034 Template.xlsx (CFW Internal) GI Mow SAMs.PNG (CFW Internal) 130-1351295.pdf (CFW Internal) MWBE Waiver 22-0034 135 and 130 Ground Maintenance.pdf (CFW Internal)