HomeMy WebLinkAboutContract 59754CSC No. 59754
FORT WORTH.
VENDOR SERVICES AGREEMENT
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, acting by and
through its duly authorized Assistant City Manager, and BrightView Landscape Services, Inc.
("Vendor"), a state registered company and acting by and through its duly authorized representative, each
individually referred to as a "party" and collectively referred to as the "parties."
1. Scone of Services. Plant bed and exterior maintenance ("Services"), which are set forth in
more detail in Exhibit "A," attached hereto and incorporated herein for all purposes.
2. Term. The initial term of this Agreement is for 1 year(s), beginning on the date that this
Agreement is executed by the City's Assistant City Manager ("Effective 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 4 one-year renewal option(s) (each a
"Renewal Term").
3. Comnensation.
3.1 Total compensation under this Agreement will not exceed One Hundred Fifty
Thousand Dollars and Zero Cents for the initial term($150,000.00).
3.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251
of the Texas Government Code) and provisions of this Agreement, including Exhibit `B,"
which is attached hereto and incorporated herein for all purposes.
3.3 Vendor 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
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.
4.2 Non-annronriation 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 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.
OFFICIAL RECORD
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v.1.4 (November 30, 2021) FT. WORTH, TX
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor 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, Vendor will 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 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. 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 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 under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor 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. Vendor 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. Vendor 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,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City 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. Right to Audit. Vendor 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 Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor 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 Vendor
reasonable advance notice of intended audits.
7. Indeuendent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
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not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor 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, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor 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, or contractors.
Liabilitv and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,
INCLUDING, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS) OR OMISSION(S), MALFEASANCE OR
INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS,
AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO
ANY AND 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, REPREENTATIVES,
SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
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 or documentation in accordance with this Agreement,
it being understood that this agreement to defend, settle or pay will 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 will 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 will 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
will 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,
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Vendor will 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 will 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 restrained or, if as a result of a settlement or
compromise, such use is materially adversely restricted, Vendor will, 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
documentation with equally suitable, compatible, and functionally equivalent non -infringing
software and 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.
Assignment and Subcontracting.
9.1 Assignment. Vendor 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 Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be 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, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor 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 Vendor, 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.
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(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): ❑ Applicable ❑ N/A
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
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 Reurrements
(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
City in accordance with the notice provision of this Agreement.
(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.
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(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and ReLFulations. Vendor 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
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor'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 VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
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. 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:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
BrightView Landscape Services, Inc.
Mike Murphy, General Manager
2830 N Beach Street
Fort Worth, TX 76111
Facsimile:
14. Solicitation of Emulovees. Neither City nor Vendor 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.
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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 does 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 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 Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
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. 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
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option, Vendor 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 Vendor for the nonconforming
services.
25. Immigration Nationalitv Act. Vendor 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, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor 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 Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
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
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 copyrightable 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, 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.
27. Signature Authoritv. 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 Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Companv Name or Ownership. Vendor 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 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.
29. No Bovcott of Israel. 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"
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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.
30. Prohibition on Bovcottine Enerev 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 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, 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.
31. Prohibition on Discrimination ALainst 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 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.
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 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.
(signature page follows)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
City:
1Sa� j3�u^
By: Dana Burgh doff ( 11, 20 15:15 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date:
Vendor:
By: i
Name: Mikv
Title: General Manager
Date: 7-5-23
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
Chl-irtovhei- tllyyp(er
By: Christopher H rder (Jul 8, 2023 18:52 CDT)
Name: Chris Harder
Title: Water Department Director
Approved as to Form and Legality
IBy: Mack (Jul 10, 202316:35 CDT)
Name: Doug Black
Title: Sr. Assistant City Attorney
Contract Authorization:
M&C: 23-0553
Form 1295: N/A
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By:
sf� a
Name: Shatabya Bergland
Title: Contract Compliance Specialist
City Secretary:
By:
Name: Jannette Goodall
Title: City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
SCOPE OF SERVICES
See next page.
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1.0
2.0
PART 2
SCOPE OF SERVICES/SPECIFICATIONS
SCOPE
1.1 The City of Fort Worth (City) seeks bids to establish non-exclusive annual agreements for
plant beds and exterior grounds maintenance for the Water Department on an "as needed"
basis. Prospective 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 on the date the City Secretary Contract is executed by the
Assistant City Manager ("Effective Date") and shall expire one year from that date,
("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial
Term"). Upon the expiration of the Initial Term, the Agreement shall renew under the same
terms and conditions for up to four (4) one-year renewal periods, unless City or Vendor
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 Contractor
/ Vendor.
1.3 Unit prices shall include all costs associated with plant bed and exterior grounds
maintenance, including but not limited to shipping, handling, fuel, fuel surcharges, mileage,
and certifications fees. NO ADDITIONAL CHARGES WILL BE ACCEPTED OR PAID BY
THE CITY.
1.4 Following the award, additional location and 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.
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.
TENTATIVE SCHEDULE OF EVENTS
TASK
ITB Release Date
Pre -Bid Conference
Deadline for Questions
Answers Posted
ITB Responses Due Date
Recommended Vendor Selection
DATE
March 21, 2023
March 28, 2023 at 1:OOPM (Local Time)
April 11, 2023 at 5PM (Local Time)
April 18, 2023
April 27, 2023 AT 1:30 p.m. (Local Time)
May 2023
ITB 23-0048
Plant Bed and Exterior Grounds Maintenance
Page 13 of 34
Mayor and Council Consideration June 2023
Contract Execution July 2023
3.0 CHANGE IN COM ANY NAME OR OWNERSHIP
3.1 The Vendor shall notify the City's Senior 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 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED
4.1 The Contractor shall:
4.1.1 Have a minimum of (2) years of experience providing plant bed and exterior
grounds maintenance services within the last five years.
4.1.2 Have and operate a full-time, permanent business address with the ability to be
reached by email and telephone from 8:00am — 5:00pm, Monday- Friday.
5.0 METHOD OF AWARD
5.1 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:
5.1.1 Meets all the requirements listed in Part 2, Section 4.0.
5.1.2 Submits a completed bid package within the stated deadline and in accordance
with the bid specifications.
5.2 Bids that do not receive 50% or more of the total available points, excluding the points for
price, will be deemed non -responsive.
5.3 The following criteria will be used to determine the best value:
5.3.1 Cost of service — up to 35 points
5.3.1.1 Will be evaluated using: Price Submittal
5.3.2 Contractor's Experience and References— up to 35 points
5.3.2.1 Will be evaluated using: Attachment E — Bidder Qualification
Questionnaire, Attachment D — Reference Sheet, and feedback provided
by references
5.3.3 Contractor's availability of plants and equipment to perform services — up to 20
points
5.3.3.1 Will be evaluated using: Documents specified in 14.2.3 and 14.2.4, and
Attachment E — Bidder Qualification Questionnaire
5.3.4 Contractor's time to respond to service requests — up to 10 points
ITB 23-0048
Plant Bed and Exterior Grounds Maintenance
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5.3.4.1 Will be evaluated using: Attachment E — Bidder Qualification Questionnaire
5.4 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.
5.5 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.
5.6 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.
5.7 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.
5.8 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.
6.0 DEFINITIONS
6.1 Call Back: When a Contractor is requested to return to a Project Area to correct
Incomplete Work.
6.2 Chemical Trimming: Shall refer to the use of an herbicide (such as Roundup and/or an
approved equal containing a pre -emergent such as Surf LAN or an approved equal) as an
alternative to the physical removal or cutting of plant material from areas to be trimmed.
6.3 Cycle: Each time period in the plant bed maintenance schedule for the season. Each time
period is defined by a beginning and ending date, during which all prescribed maintenance
activities for each Project Area shall be completed.
6.4 Inclement Weather: Any rainy/wet weather, or when the condition of the soil is such that
the rutting of property will occur and cutting of grass cannot be accomplished safely or in a
manner that will not rut up or cause any damage to the turf.
6.5 Map: A geographical map or images showing designated areas where plant bed
maintenance should occur at each Water Department facility.
6.6 Weed Removal: The removal of all weeds and unwanted plants in plant beds.
7.0 PLANT BED MAINTENANCE REQUIREMENTS
7.1 If your firm chooses to submit a bid response, you must bid on all line items. Failure to bid
on all items will deem your bid response non -responsive.
7.2 All plant bed and exterior grounds maintenance services performed at each location shall
be completed on one day and are considered a singular plant bed maintenance cycle.
7.3 The Contractor shall:
7.3.1 Maintain all plant beds and exterior grounds on a monthly basis.
ITB 23-0048
Plant Bed and Exterior Grounds Maintenance
Page 15 of 34
7.1.1 Remove all trash and litter from the entire area prior to initiating any plant bed and
exterior grounds maintenance.
7.1.2 Supply plants for the Spring and Fall seasons, if requested by the City. The plants
shall be Texas native, drought resistant well potted in 4-inch pots. They shall be
planted on 12-inch centers unless the Water Department requests other
arrangements.
7.1.3 Replace dead plants as needed and monitor plants for insects and/or diseases.
7.1.4 Weed all planter beds and tree circles by hand to ensure complete removal of the
weeds.
7.1.5 Rake all planter beds in high traffic areas to remove debris and promote an
attractive appearance, as needed.
7.1.6 Trim and maintain all hedges and bushes including Crepe Myrtles.
7.1.7 Apply fertilizer bi-annually (April and July).
7.1.8 Treat all plant beds during the month of August for grub worms.
7.1.9 Apply mulch annually. The mulch shall be a fine shredded hardwood mulch, or
other as directed by the Water Department. The mulch shall be clean and void of
sticks, cones, leaves or any extraneous materials.
7.1.10 Apply fire ant insecticide annually.
7.1.11 Remove accumulation of leaves, etc. from plant beds in the Spring and Fall. This
includes removing dead leaves, twigs and diebacks in the Fall.
7.1.12 Keep the project site in a neat and orderly condition. Clean up work shall be done
as directed by the City, or as needed. Prior to leaving the jobsite, the Contractor
shall remove excess material, dirt, debris, or trash of any kind.
7.1.13 Dispose of all trash, litter, discharge and debris at a non -City of Fort Worth location.
7.1.14 Use reasonable care to avoid damage to buildings, equipment, light pole bases,
discharge lines, and etc. on City property.
7.1.14.1 This includes, but not limited to, irrigation heads, i.e. the Contractor
must assess the area to be maintained prior to starting and make
necessary adjustments not to cut or damage irrigation heads.
7.1.14.2 If the Contractor's failure to use reasonable care causes damage to any
of this property, the Contractor shall replace or repair the damage at no
expense to the City.
7.1.14.3 If the Contractor fails or refuses to make such repair or replacement, the
Contractor shall be liable for the cost, which may be deducted from the
contract price.
7.1.15 Take before and after pictures to show the services are completed at each location,
and submit the pictures by email to the designated contact for that location, no
ITB 23-0048
Plant Bed and Exterior Grounds Maintenance
Page 16 of 34
more than 24 hours after the services is completed. The designated contact for
each location is listed in Part 2, Section 10.0 Locations of this bid document.
7.1.16 Be able to utilize an electric work order system as the Water Department plans to
assign work to the Contractor and for the Contractor to submit before and after
pictures of each site in the future using this system.
7.1.16.1 All Contractors must have the technological capability to use the electric
work order system. Contractors will be required to have high-speed
internet access and mobile data enabled devices to receive and complete
work orders as well as provide verification of work performed. Verification
of work includes the submission of digital photographs via upload into the
electric work order system.
7.1.16.2 Minimum wireless enabled device specifications required for the electric
work order system utilization are: Cell phone or wireless enabled device
with integrated camera capable of capturing images with resolution of 8
megapixels or more. Cell phone or wireless device must utilize either
Android or iOS operating systems.
7.1.17 Provide supervision of all work crews while performing work under this contract.
On -site supervision is not required as long as communication equipment is
provided which enables the work crew to communicate with a project supervisor at
all times. Each work crew shall have a designated person on the work site that has
the authority to respond to inquiries and concerns.
7.1.18 When the Contractor and employees arrive at the various locations to work, they
must possess a valid government ID. When applicable, the Contractor shall stop at
the entrance to the facility and check in with security personnel upon arrival to get
clearance to enter the facility.
7.1.19 Work with the Water Department to develop a proposed schedule of cycle dates for
each location upon notice of award. The schedule will be updated at the time of the
contract renewal.
8.0 CITY RESPONSIBILITIES
8.1 The City will work with the assigned Contractor to develop a proposed schedule of cycle
dates for each location upon notice of award.
8.2 The City will maintain the agreed upon service schedule for each location, unless weather
conditions or funding limitations dictate.
8.3 The City reserves the right to delay or eliminate any monthly service cycle, as weather
conditions and available funding may dictate.
8.4 If the City has to cancel or delay monthly services at one of the locations, they will notify the
Contractor's Main Point of Contact, in writing, within 72 hours of the scheduled service
date.
8.5 The Water Department will provide mandatory safety awareness training. The Contractor
and any personnel that will work at the various locations are required to attend this safety
awareness training annually.
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Plant Bed and Exterior Grounds Maintenance
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9.0 REQUIRED EQUIPMENT
9.1 The Contractor shall possess all necessary equipment facilities, personnel and work
experience to fulfill the terms of the contract at the time of proposal submission and be
ready to begin on the starting date of the initial contract period.
9.1.1 Tools shall include but are not limited to: weed eaters and various gardening tools
9.2 The Contractor is required to provide a list of all plant bed and weed removal equipment
the contractor anticipates being utilized on this contract.
9.3 The Contractor's equipment shall be in good repair and regularly maintained to ensure no
damage occurs at Water Department Facilities. All equipment shall be operated by a
responsible employee.
9.4 The Contractor shall not store equipment on property owned by the City. The Contractor
shall remove all equipment from each location immediately after completing the plant bed
maintenance services.
9.5 The Contractor(s) shall be required to maintain sufficient equipment and labor to perform
the plant bed maintenance specified by the contract, as often as may be specified should
the growing season demand.
10.0 LOCATIONS
10.1 Services shall be performed at each of the following Water Department Facilities.
Attachment H of the bid solicitation details the areas of plant beds and the exterior
grounds that shall be upkept at each of the addresses.
10.1.1 Field Operations Administration Building
1608 11th Ave, Fort Worth, TX 76102
Contact: Jesus Ramirez Salinas
Phone No: 817-392-5027
Email: Jesus.RamirezSalinas(a)fortworthtexas.gov
10.1.2 South Holly Administration Building
1500 11th Avenue, Fort Worth, TX 76102
Contact: Kenny Wilson
Phone No: 817-475-6643
Email: Kennv.Wilson(cDfortworthtexas.aov
10.1.3 SCADA
1511 11th Ave., Fort Worth, TX 76102
Contact: Kenny Wilson
Phone No: 817-475-6643
Email: Kennv.Wilson(a)fortworthtexas.gov
10.1.4 Central Laboratory Building
2600 SE Loop 820, Fort Worth 76140
Contact: April Washington
Ph No: 817-392-5901
Email: AD ri 1. Wash i nato n (cDfo rtworthtexas. aov
10.1.5 Rolling Hills Water Treatment Plant
2500 SE Loop 820, Fort Worth, TX 76140
ITB 23-0048
Plant Bed and Exterior Grounds Maintenance
Page 18 of 34
Contact: Kenny Wilson
Phone No: 817-475-6643
Email: Ken nv.Wilson(a)fortworthtexas.gov
10.1.6 Village Creek Water Reclamation Facility
4500 Wilma Lane, Arlington, TX 76012
Contact: Kenny Wilson
Phone No: 817-475-6643
Email: Kennv.Wilson(cDfortworthtexas.gov
10.1.7 Westside Water Treatment Plant
12200 Old Weatherford Rd, Aledo, TX 76008
Contact: Kenny Wilson
Phone No: 817-475-6643
Email: Kennv.Wilson(a)fortworthtexas.gov
10.1.8 Eagle Mountain Plant
6801 Bowman Roberts Rd., Fort Worth, TX 76179
Contact: Kenny Wilson
Phone No: 817-475-6643
Email: Ken nv.Wilson(cDfortworthtexas.gov
11.0 PERFORMANCE OF SERVICES
11.1 All services shall be performed between normal business hours: 8:00 a.m. to 5:00 p.m.,
Monday through Friday.
11.2 The Contractor shall not perform services on City observed holidays including:
11.2.1 New Year's Day
11.2.2 Martin Luther King Jr. Day
11.2.3 Memorial Day
11.2.4 Juneteenth
11.2.5 July 4th
11.2.6 Labor Day
11.2.7 Thanksgiving Thursday and the following Friday
11.2.8 Christmas
11.3 The Contractor shall designate at least one (1) person as Point of Contact with office phone
or cell phone number and email for accessibility. The person designated for this purpose
shall be identified on Attachment C in the contractor's bid response. Notification of any
changes in the Contractor's contact information or Point of Contact shall be in writing, and
emailed to all the contacts listed in 8.0 Locations.
11.4 The Contractor shall respond to all voicemails and emails from City staff within 2 business
days.
12.0 LAWS. REGULATIONS. AND ORDINANCES
12.1 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
ITB 23-0048
Plant Bed and Exterior Grounds Maintenance
Page 19 of 34
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.
13.0 INVOICING REQUIREMENTS
13.1 The City of Fort Worth operates an automated invoicing system (AIM).
13.2 The Contractor shall send invoices electronically to our centralized Accounts Payable
department invoice email address: sugglierinvoices(a)-fortworthtexas.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.
13.3 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_FW013-
0000001234)
13.4 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.
13.5 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
suoolierinvoices(a)fortworthtexas.aov. 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 AccountsPavable(abfortworthtexas.gov.
13.6 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.
13.7 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 23-0048
Plant Bed and Exterior Grounds Maintenance
Page 20 of 34
If Contractor has any questions, please contact the Accounts Payable team at (817) 392-
2451 or by email to ZZ FIN AccountsPavable(a-)fortworthtexas.gov.
13.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish
a tax exemption certificate upon Vendor's request.
14.0 UNIT PRICE ADJUSTMENT
14.1 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.
14.2 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.
14.3 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.
14.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associated freight and delivery costs.
14.5 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.
14.6 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.
14.7 Goods and/or services shall not be suspended by the Vendor without a 30-day prior written
notice to the City.
15.0 INSURANCE REQUIREMENTS
15.1 The Contractor shall carry insurance in the types and amounts for the duration of this
contract as listed in the draft service agreement, Attachment G to the bid solicitation,
and furnish certificates of insurance along with copies of policy declaration pages and
policy endorsements as evidence thereof.
16.0 PERFORMANCE
16.1 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.
17.0 SUBCONTRACTING
17.1 No subcontracting of the work under this contract will be allowed without written permission
from the City.
ITB 23-0048
Plant Bed and Exterior Grounds Maintenance
Page 21 of 34
18.0 HAZARDOUS CONDITIONS
18.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or
damage to any property.
18.2 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.
19.0 CONTRACT ADMINISTRATION AND TERMINATION
19.1 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.
19.2 In the event the Vendor continues with unsatisfactory performance, the department will
promptly notify the Senior 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.
19.3 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.
19.4 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 subVendors 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.
ITB 23-0048
Plant Bed and Exterior Grounds Maintenance
Page 22 of 34
EXHIBIT B
PAYMENT SCHEDULE
See next page.
Vendor Services Agreement Page 12 of 12
v.1.4 (November 30, 2021)
FORT WORTH.
REVISED PRICE SUBMITTAL
EventlD Page
CFW01-23-0048 4
Event Round Version
1 2
Event Name
Plant Bed and Exterior Grounds Maintenance
Start Time Finish Time
03/21/2023 08:00:00 CDT 04/27/2023 13:30:00 CDT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - City Hall Purchasing
200 Texas St. (Lower Level Rm 1500)
Fort Worth TX 76102-6314
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 1
Description:
Qtv
Unit
UnitPrice
Total
Initial Plant Bed and Exterior Grounds Maintenance Cleanup,
1.00
EA
for Field Operations Admin. Bldg., 1608 11th Avenue, Fort
$581.72
$581.72
Worth, TX 76102
Line: 2
Description:
Qtv
Unit
UnitPrice
Total
Plant Bed and Exterior Grounds Maintenance Services,
12.00
MO
Monthly, for Field Operations Admin. Bldg., 1608 11th Avenue,
$290.86
$3,490.32
Fort Worth, TX 76102
Line: 3
Description:
Qtv
Unit
UnitPrice
Total
Plant Bed and Exterior Grounds Maintenance Services,
12.00
MO
Monthly, for South Holly Admin. Bldg., 1500 11th Avenue, Fort
Worth, TX 76102
$581.48
$6,977.76
Line: 4
Description:
Qtv
Unit
UnitPrice
Total
Plant Bed and Exterior Grounds Maintenance Services,
12.00
MO
Monthly, for SCADA,1511 11th Avenue, Fort Worth, TX 76102
$640.56
$7,686.72
Line: 5
Description:
Qtv
Unit
UnitPrice
Total
Plant Bed and Exterior Grounds Maintenance Services,
12.00
MO
Monthly, for Central Water Laboratory Bldg., 2600 SE Loop
$430.76
$5,169.12
820, Fort Worth, TX 76140
Line: 6
Description:
Qtv
Unit
UnitPrice
Total
Initial Plant Bed and Exterior Grounds Maintenance Cleanup,
1.00
EA
for Rolling Hills Admin. Bldg., 2500 SE Loop 820, Fort Worth,
TX 76140
$3,651.98
$3,651.98
Line: 7
Description:
Qtv
Unit
UnitPrice
Total
Plant Bed and Exterior Grounds Maintenance Services,
12.00
MO
Monthly, for Rolling Hills Admin. Bldg., 2500 SE Loop 820,
$1,825.99
Fort Worth, TX 76140
$21,911.88
Line: 8
Description:
Qtv
Unit
UnitPrice
Total
Initial Plant Bed and Exterior Grounds Maintenance Cleanup,
1.00
EA
for Village Creek Water Reclamation Facility, 4500 Wilma
$1,456.46
$1,456.46
Lane, Arlington, TX 76012
Line: 9
Description:
Qtv
Unit
UnitPrice
Total
Plant Bed and Exterior Grounds Maintenance Services,
12.00
MO
Monthly, for Village Creek Water Reclamation Facility, 4500
Wilma Lane, Arlington, TX 76012
$728.33
$8,738.76
Line: 10
Description:
Qtv
Unit
UnitPrice
Total
Initial plant Bed and Exterior Grounds Maintenance Cleanup,
1.00
EA
for Westside Water Treatment Plant, 12200 Old Weatherford
Rd., Aledo, TX 76008
$1,008.62
$1,008.62
ITB 23-0048
Plant Bed and Exterior Grounds Maintenance
Addendum No. 1, Page 3 of 7
FORT WORTH.
REVISED PRICE SUBMITTAL
EventlD Page
CFW01-23-0048 5
Event Round Version
1 2
Event Name
Plant Bed and Exterior Grounds Maintenance
Start Time Finish Time
03/21/2023 08:00:00 CDT 04/27/2023 13:30:00 CDT
Invited: EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - City Hall Purchasing
200 Texas St. (Lower Level Rm 1500)
Fort Worth TX 76102-6314
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 11
Description:
Qty
Unit
UnitPrice
Total
Plant Bed and Exterior Grounds Maintenance Services,
12.00
MO
Monthly, for Westside Water Treatment Plant, 12200 Old
$504.31
$6,051.72
Weatherford Rd., Aledo, TX 76008
Line: 12
Description:
Qty
Unit
UnitPrice
Total
Initial Plant Bed and Exterior Grounds Maintenance Cleanup,
1.00
EA
for Eagle Mountain Plant, 6801 Bowman Roberts D, Fort
$4,385.78
$4,385.78
Worth, TX 76179
Line: 13
Description:
Qty
Unit
UnitPrice
Total
Plant Bed and Exterior Grounds Maintenance Services,
12.00
MO
Monthly, for Eagle Mountain Plant, 6801 Bowman Roberts D,
$2,192.89
$26,314.68
Fort Worth, TX 76179
Total Bid Amount:
$97,425.52
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 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 this bid.
All other products can be purchased at a 0 discount off the Vendor's Price List. If no discount is offered, please, fill in "0".
Prompt Payment Discount Terms: 0 Percent 0 Days (i.e. 3% Net 15, etc.)
ITB 23-0048
Plant Bed and Exterior Grounds Maintenance
Addendum No. 1, Page 4 of 7
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/27/23 M&C FILE NUMBER: M&C 23-0553
LOG NAME: 13P ITB 23-0048 PLANT BED MAINTENANCE SERVICES AW WTR
SUBJECT
(ALL) Authorize Execution of an Agreement with BrightView Landscape Services, Inc. for Plant Bed Maintenance Services for the Water
Department in an Annual Amount Up to $150,000.00 for the Initial Term and Authorize Four, One -Year Renewals in the Amount of $165,000.00 for
the First Renewal, $181,500.00 for the Second Renewal, $199,650.00 for the Third Renewal, and $219,615.00 for the Fourth Renewal
RECOMMENDATION:
It is recommended that the City Council authorize execution of an agreement with BrightView Landscape Services, Inc., for plant
bed maintenance services for the Water Department in an annual amount up to $150,000.00 for the initial term and authorize four, one-year
renewals in the amount of $165,000.00 for the first renewal, $181,500.00 for the second renewal, $199,650.00 for the third renewal, and
$219,615.00 for the fourth renewal.
DISCUSSION:
The Water Department approached the Purchasing Division for assistance with securing an agreement for plant bed maintenance services on an
as -needed basis. Under the proposed agreement, the vendor will provide monthly plant bed maintenance services for the water and wastewater
treatment plants. Purchasing issued an Invitation to Bid (ITB) that consisted of specifications including the equipment needed to perform services,
the detailed plant bed maintenance services to be performed, the procedures the vendor must follow to verify the services are completed, and the
process to reschedule services in the case of inclement weather.
The ITB was advertised in the Fort Worth Star -Telegram on March 22, 2023, March 29, 2023, April 5, 2023, April 12, 2023, April 19, 2023, and
April 26, 2023. The City received one response.
An evaluation panel consisting of representatives from the Water and Transportation Public Works Departments reviewed and scored the
submittal using Best Value criteria. The individual scores were averaged for each of the criteria and the final score is listed in the table below.
Bidder
Evaluation Factors
a b c d Total score
BrightView Landscape Services, Inc.1124.50I114.67I15.33I135.0011 79.50
Best Value Criteria:
a. Contractor's experience and references
b. Contractor's ability of plants and equipment to perform services
c. Contractor's time to respond to service requests
d. Cost of service
After evaluation, the panel concluded that BrightView Landscape Services, Inc. presented the best value. Therefore, the panel recommends that
Council authorize agreement with BrightView Landscape Services, Inc. No guarantee was made that a specific amount of services would be
purchased. Staff certifies that the recommended vendor bid met specifications.
Due to inflation and supply chain concerns, staff recommends the total compensation for each annual renewal term be increased by 10% to ensure
the City is able to meet demand. The total compensation for the initial term of the contract shall not exceed $150,000.00, $165,000.00 for the first
renewal, $181,500.00 for the second renewal, $199,650.00 for the third renewal, and $219,615.00 for the fourth renewal.
FUNDING: The maximum amount allowed under this agreement for the initial term will be $150,000.00; however, the actual amount used will be
based on the need of the department and available budget.
Funding is budgeted in the Other Contractual Services account of the Water and Wastewater Departments rollup within the Water & 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.
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 at the amounts authorized through this Mayor & Council
Communication. 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.
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.
A Form 1295 is not required because: This contract will be with a publicly -traded business entity or a wholly -owned subsidiary of a publicly -traded
business entity: BrightView Holdings, Inc
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously
appropriated, in the Water & Sewer Fund. Prior to an expenditure being incurred, the Water Department has the responsibility to validate the
availability of funds.
Submitted for Citv Manaaer's Office bv: Reginald Zeno 8517
Oriainatina Business Unit Head
Additional Information Contact:
Dana Burghdoff 8018
Reginald Zeno
8517
Christopher Harder
5020
Jo Ann Gunn
8525
Alyssa Wilkerson
8357