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HomeMy WebLinkAboutContract 58056 CSC No. 58056 VENDOR SERVICES AGREEMENT Landscape Irrigation Services This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation and North Texas Hydromulching and Landscape Service, LLC. ("Vendor"), a Texas Corporation, 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: This Agreement and supporting documents shall include the following: 1. Exhibit A—Scope of Services; 2. Exhibit B—Price Schedule; 3. Exhibit C—Verification of Signature Authority Form and; 4. Exhibit D—Insurance Requirements. Exhibits A, B, C and D, 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 or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. Vendor shall perform repairs,inspections,replacement/removal of existing in-ground and above- ground landscape irrigation systems and hardscape on behalf of the Water Department.Exhibit"A,"-Scope of Services more specifically describes the services to be provided hereunder. 2. TERM. This Agreement shall begin on the Effective Date, as established herein, and shall expire one year after completion of the Services, unless terminated earlier in accordance with this Agreement. City shall have the option,in its sole discretion,to renew this Agreement under the same terms and conditions, for up to five(5) one-year renewal options. 3. COMPENSATION. City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit`B,"—Price Schedule. Total payment made under this Agreement shall be in the amount of Eighty-Six Thousand Dollars ($86,000.00). Vendor shall 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 shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. OFFICIAL RECORD CITY SECRETARY Vendor Services Agreement(Rev.9.07.21) FT. WORTH, TX 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 Vendor of such occurrence and this Agreement shall 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 shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall 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,Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement.In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shall 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. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information.Vendor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way.Vendor shall 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,Vendor shall,in good faith,use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Vendor agrees that City shall,until the expiration of three (3)years after final payment under this contract,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 Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Vendor shall 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, Vendor Services Agreement(Rev.9.07.21) Page 2 of 13 Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a co-employer or a joint employer of Vendor or any officers,agents,servants,employees or subcontractor of Vendor. Neither Vendor,nor any officers,agents,servants,employees or subcontractor of Vendor shall be entitled to any employment benefits from City. Vendor shall 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 or subcontractor. 8. LIABILITY AND INDEMNIFICATION. 8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION-VEND ORHEREBYCOVENANTS AND AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS AND EMPLOYEES,FROMAAD A GA INST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTINGLOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section,Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with City in defense of such claim or action.City agrees to give Vendor timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify City under this Agreement.If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or Vendor Services Agreement(Rev.9.07.21) Page 3 of 13 restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation;or(b)modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement,and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Vendor shall not assign or subcontract any of its primary duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment,the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract for primary duties,such subcontractor shall execute a written agreement with Vendor referencing this Agreement under which subcontractor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10. INSURANCE. Insurance requirements are found on Exhibit D. 11. COMPLIANCE WITH LAWS, ORDINANCES RULES AND REGULATIONS Vendor agrees that in the performance of its obligations hereunder, it shall 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 Vendor of any violation of such laws, ordinances, rules or regulations,Vendor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Vendor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder,it shall 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-DISCREWINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. NOTICES. Vendor Services Agreement(Rev.9.07.21) Page 4 of 13 Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other parry, its agents, employees, servants or representatives,(2)delivered by electronic means with 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 VENDOR: City of Fort Worth North Texas Hydromulching and Landscape,LLC Attn:Dana Burghdoff,Assistant City Manager Name:Nancy Amedia 200 Texas Street Fort Worth,TX 76102-6314 Title:Owner Facsimile: (817)392-8654 8205 Camp Bowie W#105 Fort Worth,Texas 76116 With copy to Fort Worth City Attorney's Office at Facsimile: same address 14. SOLICITATION OF EMPLOYEES. Neither City nor Vendor shall, 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 shall 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 Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas.If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 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 shall not in any way be affected or impaired. 19. FORCE MAJEURE. Vendor Services Agreement(Rev.9.07.21) Page 5 of 13 City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall 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: acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall 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 shall not be employed in the interpretation of this Agreement including its. 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No amendment,modification,or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. This Agreement, including its Exhibits, contains the entire understanding and agreement between City and Vendor, 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. 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. WARRANTY OF SERVICES. Vendor 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 Vendor's option, Vendor shall 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 Vendor for the nonconforming services. 26. IMMIGRATION NATIONALITY ACT. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Vendor Services Agreement(Rev.9.07.21) Page 6 of 13 Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City,upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement(collectively, "Work Product"). Further, City shall 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 shall 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 copyrightable aspect of the Work Product shall 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, Vendor 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. 28. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has 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 Vendor whose name,title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit"C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. CHANGE IN COMPANY NAME OR OWNERSHIP. Vendor shall 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 Vendor 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. 30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL. Vendor unless a sole proprietor,acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Vendor has 10 or more full time-employees and the contract value is $100,000 or more,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 Vendor Services Agreement(Rev.9.07.21) Page 7 of 13 not boycott Israel during the term of the contract. The terms "boycott Israel" and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Vendor certifies that Vendor's signature provides written verification to the City that if Chapter 2271,Texas Government Code applies,Vendor: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. 31. PROHIBITION ON BOYCOTTING ENERGY COMPANIES. 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, which will 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, 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. 32. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES. 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 which will 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. IN WITNESS WHEREOF,the parties hereto have executed this Agreement to be effective as of the date subscribed by the City's Assistant City Manager("Effective Date"). (signature page and exhibits follow) Vendor Services Agreement(Rev.9.07.21) Page 8 of 13 ACCEPTED AND AGREED: CITY OF FORT WORTH: VENDQK- Avg BurghdaAc Dana Burghd off Kep4,202209:41 CDT) By: Name: Dana Burghdoff By: /e- - Nancy meida Title: Assistant City Manager Owner Date: Date: APPROVAL RECOMMENDED: By: Christopher rder(Sep 22,202210:16 CDT) Name: Chris Harder Title: Water Director ATTEST: �� °FORT°�4 ° p�o °C dam° °�0 ;7ah�r2tte Goo�a� ��o o=� By: Jannette S.Goodall(Sep 6,2022 09:37 CDT) p °o°T Name: Jannette Title: City Secretary all ���44 APPROVED AS TO FORNI AND LEGALITY: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of By: DPlack(Sep2,zozziz:oaCDT) this contract.including ensuring all performance and Name: Doug Black reporting requirements. Title: Sr.Assistant City Attorney CONTRACT AUTHORIZATION: By. AY� M&C: 22-0610 Name: Regina Kones DATE: 8-23-2022 Title: Contract Compliance Specialist 1295:2022-916909 OFFICIAL RECORD CITY SECRETARY Vendor Services Agreement(Rec.9.0721) FT. WORTH, TX EXHIBIT A SCOPE OF SERVICES Vendor Services Agreement—Exhibit A(Rev.9.07.21) Page 10 of 13 PART 2-SCOPE OF SERVICES AND/OR SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City)seeks bids to finalize an agreement to provide Landscape Irrigation Services for the Water Department on an"as-needed" basis in accordance with the specifications. 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 "Contractor'T'Vendor." 1.2 This Agreement shall begin upon award or execution of the City Secretary Contract ("Effective Date")and shall expire on upcoming September 30th, ("Expiration Date"), unless terminated earlier in accordance with this Agreement("Initial Term"). Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same terms and conditions for up to five(5)one-year renewal periods (October 1 to September 30), unless City or Contractor provides the other party with notice of non- renewal at least 60 days before the expiration of the Initial Term or renewal period. However, if funds are not appropriated,the City may cancel the Agreement 30 calendar days after providing written notification to the ContractorNendor. 1.3 Following the award, additional goods/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 material and/or services under this contract shall be provided where irrigation equipment and/or lines are damaged by City work crews during other construction, repair and installation projects, locations are generally, but not limited to: 1.5.1 City owned/operated facilities; 1.5.2 Right-Of-Ways; 1.5.3 Storm water channels; 1.5.4 Citizens' homes, and; 1.5.5 Industrial areas. 1.6 The City reserves the right to add or remove departments and locations at the City's discretion. 1.7 Any material and/or services 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. 1.8 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 1.9 The awarded vendor(s)shall provide material and/or services of various types and sizes to include all necessary components to complete the installation or repairs. ITB 22-0143 Landscape Irrigation Services Page 15 of 35 2.0 DEFINITIONS 2.1 Department Contract Manager-City of Fort Worth employee assigned to manage the compliance, oversight and/or administration of the contract or project for their department of employment. 2.2 Designee-a City of Fort Worth employee assigned by the Department Contract Manager to assist with the compliance, oversight and/or administration of the contract or Project. 2.3 Service Call-A call out for work where the Vendor shall supply a worker to perform a service. 2.4 Non-Emergency Call-A call out for services in which the Vendor must contact the City of Fort Worth point of contact within one(1)hour to schedule a date and time for services. 2.5 Emergency Call-A call out for services in which the Vendor must contact the City of Fort Worth point of contact within one(1) hour and respond to the job site within two (2) hours from the time of the contact call. 2.6 Price Adjustment means an unplanned or unanticipated change, upward or downward, from the established contract price that is supported by demonstrated Price Adjustment Justification. A request for a Price Adjustment must be initiated by the Vendor. Price Adjustments shall not be allowed more frequently than once Quarterly. It is within the sole discretion of the City to determine whether an adjustment is necessary and/or acceptable. 2.7 Price Adjustment Justification means documentation supporting a requested Price Adjustment and showing an objectively verifiable basis for a change in price due to the documented impact of economic conditions on labor, equipment, or materials. Examples of possible Price Adjustment Justification include, but are not limited to, cost indexes, and/or updated supplier price sheets. It is within the sole discretion of the City to determine whether Price Adjustment Justification is sufficient and/or acceptable. 2.8 Quarterly means the City's Fiscal year quarters, being each of the three (3) month periods the first of which begins October 1. Quarter(Q) 1: October 1 —December 31; Q2:Jan 1 —March 31; Q3P:April 1 —June 30; Q4: July 1 —September 30. 2.9 TCEQ-Texas Commission on Environmental Quality. 2.10 Qualified Helper/Helper/Crew-Irrigation worker not licensed by TCEQ helping a licensed tech and or irrigator 2.11 Licensed Irrigation Worker(Licenses Irrigator)-Fully licensed by TCEQ and can sell, design, consult, install, maintain, alter, repair, or service an irrigation system, including the connection of such system to a private or public, raw or potable water supply or any water supply. This includes water wells in unincorporated areas of the state. 2.12 Irrigation Tech-Licensed by TCEQ as a Licensed Technician who can connect a landscape irrigation system to a water supply, including installing a backflow prevention device; and may maintain, alter, repair, service, or direct the installation of an irrigation system under the supervision of a licensed irrigator. ITB 22-0143 Landscape Irrigation Services Page 16 of 35 3.0 TENTATIVE SCHEDULE OF EVENTS TASK DATE TIME Release Date Wednesday,June 22, 2022 Pre-Bid Conference Wednesday, June 29, 2022 3:OOPM (Local Time) Deadline for Questions Tuesday,July 5, 2022 5:OOPM (Local Time) Answer Deadline Friday, July 8, 2022 5:OOPM (Local Time) ITB Due Date Thursday,July 14,2022 1:30PM (Local Time) Recommended Vendor Selection July 2022 Mayor and Council Consideration August 2022 4.0 CHANGE IN COMPANY NAME OR OWNERSHIP 4.1 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. 5.0 BUSINESS EQUITY PROVISIONS 5.1 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. 6.0 METHOD OF AWARD 6.1 Bids will be evaluated based upon bids received from a responsive and responsible bidder complying with all of the provisions of the solicitation, provided the bid price is reasonable, and presents the best value to the City and it is in the best interest of the City to accept it. 6.1.1 A responsive bidder is defined to be one who submits a completed bid packet within the stated time deadline and in accordance with the bid specification. 6.1.2 A responsible bidder is defined to be one who demonstrates via responses to the selection criteria his/her ability to successfully deliver the supplies, equipment, or services being procured. 6.2 Bids that do not receive 50%or more of the total available points, excluding the points for price,will be deemed non-responsive. 6.3 The following criteria will be used to determine the best value: ITB 22-0143 Landscape Irrigation Services Page 17 of 35 6.3.1 Cost of Service—maximum 40 points 6.3.2 Bidder's qualifications and references related to the scope of work—maximum 25 points 6.3.3 Bidder's ability to meet the City's timeframes requested in this bid—maximum 20 points 6.3.4 Bidder's ability to meet the City needs—maximum 15 points 6.4 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. 6.5 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. 6.6 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. 6.7 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. 6.8 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. 6.9 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. 6.10 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. 7.0 VENDOR REQUIREMENTS IN ORDER FOR BID TO BE EVALUATED In order for the bid to be evaluated the Vendor shall: 7.1 Have a minimum of 5(five) years of experience providing landscape irrigation services, similar or related to the Scope of Services. 7.2 Have and operate a full-time, permanent business address with the ability to be reached by email and telephone. 7.3 Maintain an adequate number of employees licensed/certified by the Texas Commission on Environmental Quality(TCEQ),to satisfactory perform scheduled, non-emergency and emergency services twenty-four hours per day, 365 days per year;who are skilled, ITB 22-0143 Landscape Irrigation Services Page 18 of 35 8.15 Provide landscape irrigation services that meet or exceeds the specifications and complies with the standards and best practices set by TCEQ for this type of services. 8.16 Provide cost estimates to the Division within the Water Department ordering the services. 8.16.1 Estimates do not have to be exact; however, they should reflect a realistic dollar amount comparable to the work requested/needed. 8.16.1.1 If estimates for repair parts exceed$1,000.00, City Departments reserve the right to purchase parts from current annual agreements for irrigation parts if the cost is less. 8.16.2 All estimates shall be itemized to show labor costs, materials and parts costs, including rental of tools or equipment necessary to complete the scope of work. 8.16.2.1 Materials and parts costs shall be detailed separately. 8.16.3 If there is an increase in an estimate due to unforeseen conditions, Vendor shall obtain written notification from the Department authorized employee to proceed. 8.17 Provide detailed invoices when requesting payment for materials utilized while completing the City project, such as, but not limited to rental of tools and/or equipment, parts and materials. 8.17.1 Cost shall be charged to the City based on the mark-up percentage listed on the bid solicitation page. 8.17.2 Vendor must provide proof of cost with all invoices that list item charges. 9.0 DELIVERY and/or PICK-UP The Vendor shall: 9.1 If the City requests non-emergency service, the Vendor must contact requestor within one(1) hour to schedule a date and time for services. 9.2 If the City requests immediate/emergency service,the Vendor must contact requestor within one(1) hour and respond to the job site within two (2) hour of time of the call. 9.3 If applicable, deliver orders for the Fort Worth Water Department, Field Operations, located at 1608 11th Avenue, Fort Worth,TX, 76102 during normal working hours 8:OOAM through 5:OOPM, Monday through Friday, unless otherwise requested by the Department Contract Manager or designee. 9.4 Not deliver orders on City observed holidays: 9.4.1 New Year's 9.4.2 Martin Luther King 9.4.3 Memorial Day 9.4.4 Juneteenth 9.4.5 July 4th ITB 22-0143 Landscape Irrigation Services Page 20 of 35 responsible persons; who in manner and character are suitable to a business administering to the type of patronage expected of a City Contractor. 7.4 Have access to all manufactured brands to ensure new parts are compatible with existing systems. 7.5 Meet requirements listed in Part 2, section 8.0 and 9.0. 8.0 VENDOR RESPONSIBILITIES The Vendor shall: 8.1 Provide labor, tools and equipment necessary to perform irrigation repair. 8.2 Deleted from bid document per Addendum 1 issued June 30,2022 as it is not applicable. 8.3 Deleted from bid document per Addendum 1 issued June 30, 2022 as it is not applicable. 8.4 Provide services on an as-needed basis, unless requested otherwise by Department Contract Manager or designee. Services will then be received as specified by the City on the Purchase Order. 8.5 Provide a list of parts, materials and equipment with the invoice. 8.6 Perform services in a professional and workman-like manner. Be responsible and liable for the safety, injury and health of its working personnel while its contract workers are delivering services/materials. 8.7 Provide services 24 hours seven days a week, including City observed holidays and respond to non-emergency and emergency service calls when requested. 8.8 Supply all items and/or materials under the agreement(s) resulting from this bid shall be new, unused, of recent manufacture, and suitable for their intended purpose. 8.9 Notify the Department Contract Manager or designee immediately if the Contractor encounters unforeseen conditions which impacts the work,which could not initially be evaluated. 8.10 The Department Contract Manager or designee shall have the right to approve or disapprove any and all substitutions. 8.11 Provide a report to the Department Contract Manager or designee describing the work performed and the materials used to complete the services. 8.12 Provide before and after photos of the work/jobsite to the City for their records. 8.13 Perform all work shall be in accordance with the latest edition of all applicable Local, State, and Federal Laws, Codes and Regulations. 8.13.1 Contractor shall be responsible for obtaining all required permits. 8.13.2 Contractor shall have work inspected by proper officials upon completion. 8.14 Prove to the City that they are duly qualified and capable to fulfill and abide by the requirements listed herein. ITB 22-0143 Landscape Irrigation Services Page 19 of 35 9.4.6 Labor Day 9.4.7 Thanksgiving Thursday and the following Friday 9.4.8 Christmas 9.5 Understand delivery locations will normally be within the City of Fort Worth,Texas; and shall be made to the location requested by the Department Contract Manager or designee. 9.6 Deliver order(s) F.O.B Destination and all other delivery charges shall be included in the unit price. The person placing the order will provide delivery and billing information. No additional charges for expenses,freight, mileage,time, or similar items will be accepted or paid by the City. There may be instances when the Vendor may be asked to accelerate delivery of an order(s)due to extenuating circumstances.When this occurs and there is an additional cost, the Vendor must receive written approval from Department Contract Manager in order to order the materials. If written approval is not received from the Department Contract Manager, City shall not be liable for any costs. 9.7 Understand in the event the Vendor is unable to meet the original delivery date(s),the Department Contract Manager of designee must be contacted immediately, but prior to the due date, and seek an extension of delivery time. Failure to comply with the delivery terms may be legal grounds for canceling an order(s), or the entire Agreement in accordance with the Termination Clause shown elsewhere in the solicitation. 9.8 Understand delivered products that are determined to be defective or not meeting bid specifications shall be picked up and replaced within twenty-four(24) hours by the Vendor, or the Vendor's designee, at no cost to the City. If the product(s)are not picked up within one(1)week after notification, the product(s)shall become a donation to the City for disposition. 10.0 WARRANTY 10.1 Vendor shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer.Vendor warrants that the goods furnished will conform to Buyer's specifications and descriptions listed in the proposal invitation, and the sample(s)furnished by Vendor, if any. In the event of a conflict between Buyer's specifications, and descriptions, Buyer's specifications shall govern. 10.2 The City shall notify the Vendor,within a reasonable period of time after the discovery of any failure, defect or damage. 10.3 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for work performed and materials furnished under this contract,the Vendor shall: 10.3.1 Obtain all warranties that would be obtained in normal commercial practice; 10.3.2 Enforce all warranties for the benefit of the City of Fort Worth. 10.4 This warranty shall not include failures attributable to accident,fire, or negligence on the part of City personnel. ITB 22-0143 Landscape Irrigation Services Page 21 of 35 10.5 Vendor shall: 10.5.1 Understand all related material shall carry the standard warranty of the manufacturer. 10.5.2 Understand warranties shall be effective on the date of acceptance of the product(s) by the City. 10.5.3 Remedy at the Vendor's expense any non-conforming or defective products.The warranty shall continue for a period of ninety(90)days from the date of acceptance of the products by the City. 10.5.4 Understand that the Vendor's warranty with respect to products repaired or replaced will continue for ninety(90)days from the date of installation and acceptance of such by the City. 10.5.5 Understand if the Vendor fails to remedy any failure, defect or damage within reasonable time after receipt of notice,the City shall have the right to replace, repair or otherwise remedy the failure, defect or damage at the expense of the Vendor. 10.5.5.1 A reasonable time shall be defined as the time frame agreed upon by Vendor and the Department Contract Manager or designee, and shall be documented in writing and signed by both parties. 11.0 LAWS, REGULATIONS, AND ORDINANCES 11.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property.This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency(EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality(TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Vendor is required to comply with new policy.Any mandates requiring the City to comply with new guidelines will also require the Vendor to comply. 12.0 INVOICING REQUIREMENTS The City of Fort Worth has begun implementing an automated invoicing system. 12.1 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. 12.2 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, I nc._123456_FW 013-0000001234) 12.3 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. ITB 22-0143 Landscape Irrigation Services Page 22 of 35 • 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. 12.4 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—AccountsPayable@fortworthtexas.gov. 12.5 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. 12.6 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 12.7 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. 12.8 If Contractor has any questions, please contact the Accounts Payable team at(817) 392-2451 or by email to ZZ_FIN_AccountsPayable@fortworthtexas.gov. 12.9 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. 13.0 UNIT PRICE ADJUSTMENT 13.1 Vendor may request a Price Adjustment based on Price Adjustment Verification up to one time Quarterly. Price Adjustment means an unplanned or unanticipated change, upward or downward,from the established contract price that is supported by demonstrated Price Adjustment Justification.A request for a Price Adjustment must be initiated by the Vendor. Price Adjustments shall not be allowed more frequently than once Quarterly. It is within the sole discretion of the City to determine whether an adjustment is necessary and/or acceptable. ITB 22-0143 Landscape Irrigation Services Page 23 of 35 EXHIBIT B PRICE SCHEDULE Vendor Services Agreement—Exhibit B(Rev.9.07.21) Page 11 of 13 FORT WORTH, BID SOLICITATION Event CFW01-2 2-0143 Page Invited: PUBLIC EVENT DETAILS Event Round Version 3 1 Submit To: City of Fort Worth Event Name 1 FINANCIAL MANAGEMENT SERVICES ITB Landsca e Irrigation Services FINANCE-Purchasing200 Texas St.(Lower Level,South) Start Time Finish Time 06/22/2022 08:00:00 CDT 07/14/2022 13:30:00 CDT Fort Worth TX 76102United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Descri lion: Complete Removal of In-Ground/Above-Ground ow Unit UnitPrice Total Irrigation System 100.00 EA Line: 2 Description:C. Qry Unit QUALIFIED CREW/HELPER UnitPrice Total During Normal Business Hours 350.00 HR Monday through Friday 7:OOAM-5:OOPM Line: 3 Descri tion: LICENSED LANDSCAPE IRRIGATOR Unit UnitPrice Total During Normal Business Hours 200.00 HR Monday through Friday 7:OOAM-5:OOPM Line: 4 Description: Q tv LICENSED IRRIGATION TECH Unit UnitPrice Total During Normal Business Hours 150.00 HR Monday through Friday 7:OOAM-5:OOPM Line: 5 Description: QUALIFIED CREW/HELPER Qty Unit UnitPrice Total Outside Normal Business Hours 100.00 HR Monday through Friday 5:01 PM-6:59AM Line: 6 Description: LICENSED LANDSCAPE IRRIGATOR oty Unit UnitPrice Total Outside Normal Business Hours 105.00 HR Monday through Friday 5:01 PM-6:59AM Line: 7 Description: LICENSED IRRIGATION TECH Qtv Unit UnitPrice Total Outside Normal Business Hours 100.00 HR Monday through Friday 5:01 PM-6:59AMJ� Line: 8 Description: My Unit QUALIFIED CHEW/HELPER UnitPrice Total City Observed Holidays 50•00 HR ITB 22-0143 Landscape Irrigation Services Pane 3 of 35 FORT, oRTHw BID SOLICITATION Eta Page Invited: PUBLIC EVENT DETAILS ID 0143 4 nd Version Submit To: City of Fort Worth 1 FINANCIAL MANAGEMENT SERVICES e FINANCE-Purchasing ca e Irri ation Services 200 Texas St.(Lower Level,South) Finish Time Fort Worth TX 76102 2 08:00:00 CDT 07/14/2022 13:30:00 CDT United States Email: FMSPurchasingResponsesCfortworthtexas.gov Line: 9 Description: ow Unit LICENSED LANDSCAPE IRRIGATOR UnitPnce Total City Observed Holidays 100.00 HR Line: 10 Description: Qtv Unit LICENSED IRRIGATION TECH n UnitPnce Total City Observed Holidays 50.00 HR Line: 11 Description: City Unit affR_VICE CALL Non Emergency UnitPnce Total During Normal Business Hours 25.00 EA Monday through Friday 7:OOAM-5:OOPM Line: 12 0 Description: Qtv Unit JcF VICE CALL n Non Emergency UnitPnce Total Outside Normal Business Hours 50.00 EA Monday through Friday5:01PM-6.59AM Line: 13 Description: SERVICE CALL-Non-Emergency Unit UnitPrce Total Saturday and Sunday 25.00 EA Line: 14 Description: Qty SERVICE CALL-Non-Emergency Unit Un�tPrlce Total City Observed Holidays 1.00 EA Line: 15 Description: SERVICE CALL-Emergency Unit UnitPrce Total During Normal Business Hours 1.00 EA Monday through Friday7:00AM-5:OOPM Line: 16 Des ri tion• SERVICE CALL-Emergency Unit UnitPrce Total Outside Normal Business Hours 1.00 EA Monday through Friday 5:01 PM-6:59AM Line: 17 Description: QY SERVICE CALL-Emergency Unit UnitPrce Total Saturday and Sunday 1.00 EA ITB 22-0143 Landscape Irrigation Services Pa ne 4 of 35 4 FORT WORTH REVISED BID SOLICITATION Event ID Page Invited: PUBLIC EVENT DETAILS CFWO1-22-0143 5 Event Round Version Submit To: City of Fort Worth 1 z Event Name FINANCIAL MANAGEMENT SERVICES I FINANCE-Purchasing Start Landscape Irrigation Services 200 Texas St.(Lower Level,South) rt Time Fnish Ti me 06/22/2022 08:00:00 CD Fort Worth TX 76102 CDT Fort 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 18 Description: Qty Unit DtHVIC E CALL Emergency UnitPrice Total City Observed Holidays 1.00 EA Line: 19 Description: Qtv Unit uuHuritD CREW/HELPER UnitPnce Total 1.00 HR Saturday and Sunday �30•ou �3c7 Line: 20 Descnption: Qtv Unit LICENSED LANDSCAPE IRRIGATOR UnitPrice Total Saturday and Sunday 1.00 HR 7S ��5 Line: 21 Description: Qtv Unit LICENSED IRRIGATION TECH UnitPrce Total Saturday and Sunday 1.00 HR Line:22 Description: ow Unit Miscellaneous Parts Materials Tools and Equipment 1000.00 EA Total Rental Cost plus a%(percentage)Markup. Quantity listed is the estimated annual cost. aOO An example of the total to be listed on this line item is $1000+$100(10%MARKUP)=$1100. Total Bid Amount: A bid of"0"will be interpreted by the City as a no-charge (free) item and the City will not expect to pay for that item.A bid of"no bid"or no response(space left blank)will be interpreted by the City that the Offerer does not wish to bid on that item. Be advised, a"no bid"or no response may be considered as non- responsive and may result in disqualification of this bid. Services not listed above will be offered at a discount of 5 %of contractor's cost. (Services may be added on an as needed basis throughout the life of the agreement,therefore,the bidder shall submit a price list for all available items with their bid submittal) ITB 22-0143 Landscape Irrigation Services Of S Pane 9 of 35 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the financial statements of individual funds. Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor 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 Vendor. 1. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President/CEO Other Title: Date: Vendor Services Agreement—Exhibit C(Rev.9.07.21) Page 12 of 13 EXHIBIT D INSURANCE Vendor Services Agreement—Exhibit D(Rev.9.07.21) Page 13 of 13 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY North Texas Hydromulch&Landscape Svcs 8205 Camp Bowie West#105 Fort Worth TX 76116 Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the financial statements of individual funds. Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor.City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor 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 Vendor. 1. Name: Nancy Almeida Position: Owner Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Nancy Alm a Signature f President/CEO Other Title: Date: 08/29/2022 Vendor Sen ices_ Lgeement-- Exhibit C(Rev.9.07.21) Page 12 of 13 Print Prcvim Send to Pointer Close City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday,August 23, 2022 REFERENCE NO.: **M&C 22-0610 LOG NAME: 13P ITB 22-0143 LANDSCAPE IRRIGATION SERVICES MC WATER SUBJECT: (ALL) Authorize Non-Exclusive Purchase Agreements with North Texas Hydromulching and Landscape Services, LLC and C.Green Scaping,LP for Landscape Irrigation Services for the Water Department in a Combined Annual Amount not to Exceed$146,000.00, and Authorize Five One-Year Renewals Options in the Amount of$175,200.00 for the First Renewal, $210,240.00 for the Second Renewal, $252,288.00 for the Third Renewal, $302,746.00 for the Fourth Renewal and$363,295.00 for the Fifth Renewal RECOMMENDATION: It is recommended that the City Council authorize non-exclusive purchase agreements with North Texas Hydromulching and Landscape Services, LLC and C.Green Scaping, LP for landscape irrigation services for the Water Department in a combined annual amount not to exceed$146,000.00 and authorize five one- year renewals options in the amount of$175,200.00 for the first renewal, $210,240.00 for the second renewal, $252,288.00 for the third renewal, $302,746.00 for the fourth renewal and$363,295.00 for the fifth renewal. DISCUSSION: The Water Department approached the Purchasing Division to procure landscape irrigation services.The services will be used where irrigation equipment and/or lines are damaged by City work crews during other construction,repair and installation projects on City owned/operated facilities, right-of-ways, storm water channels, citizen's homes, and industrial areas. In order to procure these services, staff issued an Invitation to Bid(ITB). ITB No. 22-0143 consisted of detailed specifications outlining service expectations and performance.No guarantee was made that the City would purchase specific quantities. This bid was advertised in the Fort Worth Star-Telex am on June 22,2022, June 29, 2022, July 6, 2022 and July 13,2022. The City received three (3) responses. An evaluation panel consisting of representatives of the Water and Transportation and Public Works departments reviewed and scored the submittals using Best Value criteria. The individuals scores were averaged for each criteria and the final scores are listed in the table below. Bidders Evaluation Criteria a b c d Total Score Rank North Texas Hydromulch& 15.00 12.00 9.00 40.00 76.00 1 Landscape Services, LLC C.Green Scaping, LP 13.33 10.00 8.00 21.73 53.06 2 Lawn Patrol Service, Inc. 14.17 10.67 9.00 0.00 33.84 3 Bed Value criteria: a. Bidder's qualifications and references related to the scope of work; b. Bidder's ability to meet the City's timeframes requested in this bid; c. Bidder's ability to meet the City needs; d. Cost of Service. After evaluation, the panel concluded that North Texas Hydromulching and Landscape Services, LLC and C.Green Scaping,LP presented the best value for the City. Therefore,the panel recommends that Council authorize this agreement to North Texas Hydromulching and Landscape Services, LLC and C.Green Scaping, LP. Based on the user department anticipated usage, staff recommends multiple non-exclusive agreements be awarded to the listed vendors to ensure demands are met in a timely manner. Under these non-exclusive agreements, departments will order services according to lowest cost and availability. Staff certifies that the recommended vendors bid met specifications. Due to market volatility caused by supply chain disruptions, it may be necessary to increase the total compensation for each annual renewal term. Therefore, it is recommended that Council authorize a total compensation increase for the renewal terms, if exercised, of 20\% each year. The total compensation for the initial term of the contracts shall not exceed$146,000.00, $175,200.00 for the first renewal, $210,240.00 for the second renewal, $252,288.00 for the third renewal, $302,746.00 for the fourth renewal and$363,295.00 for the fifth renewal. FUNDING: The maximum amount allowed under this agreement for the initial term will be $146,000.00, however the actual amount used will be based on the need of the department and available budget. The annual department allocation for this agreement is: Estimated Department Annual Account Name Amount Water $ 146,000.00 5330201 - Other Contractual Services Funding is budgeted in the Water Department rollup within the Water and Sewer Fund. 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. 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. AGREEMENT TERMS:Upon City Council approval, this agreement shall begin upon execution and expire on September 30, 2022. RENEWAL OPTIONS - The Agreement may be renewed for five (5) one-year renewal periods (October 1 st to September 30th). 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. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Water and Sewer Fund to support the approval of the above recommendation and award of the agreement. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. BQN\\ FUND IDENTIFIERS (FIDs): TO Fund Department Account Project ProgramActivity Budget Reference# (Chartfield Amount ID ID b Year 2) FROM Fund Department Account Project ct ProgramActivity Year t Reference Z)Chartfield Amount ID CERTIFICATIONS: Submitted for City Manager's Office by: Reginald Zeno (8517) Dana Burghdoff (8018) Originating Department Head: Anthony Rousseau (8338) Christopher Harder (5020) Additional InformationContact: Cynthia Garcia (8525) Maria Canoura (2526) ATTACHMENTS 1. 1295 - C.Green S aping Certificate 100940095y12df (CFW Internal) 2. 1295 -North Texas Hydrom inch & Landscape Servica.j2df (CFW Internal) 3. 13P 22-0143 L.ANDSC.APE IRRIGATION CERVICE MC WATER do x (CFW Intemal) 4. 22-0143 WAIVER lands aY elrrigationS rvices GV siaued (CFW Internal) 5. BU060 - FID TABL FOR IRRIGATIONS ERVICES -1 22R xlsx (CFW Intemal) 6. SAMs - C.Green S caning LP -not found 12df (CFW Intemal) 7. SAMs -North Texas Hydromulch & I andscajje cervices -not found,} (CFW Internal)