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HomeMy WebLinkAboutContract 59807City Secretary Contract No. 59807 FORT WORTH(, CONTRACTOR SERVICES AGREEMENT This CONTRACTOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and CIVILIAN DIVISION LLC d/b/a GI - MOW ("Contractor/Vendor"), a TEXAS LIMITED LIABILITY 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: The Agreement documents shall include the following: 1. This Contractor Services Agreement; 2. Exhibit A — Scope of Services; 3. Exhibit B — Price Schedule; 4. Exhibit C — City's ITB No.23-0057 5. Exhibit D — Contractor's Bid Response to City's ITB No.23-0057; and 6. Exhibit E — Verification of Signature Authority Form. Exhibits A, B, C, D, and E, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B, C, or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. Scone of Services. Contractor shall provide grounds maintenance and other related services on I-35 and I-30 for the City of Fort Worth Code Compliance Department ("Services") on an as needed basis, which are set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. 2. Term. This Agreement begins on June 28, 2023 ("Effective Date") and expires on June 27, 2024 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal option(s) (each a "Renewal Term"). 3. Comnensation. City will pay Contractor in accordance with the provisions of this Agreement, including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed TWO HUNDRED NINE THOUSAND FOUR HUNDRED THIRTY Dollars ($209,430.00). Contractor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. Contractor Services Agreement Civilian Division, LLC dba GI -MOW Page 1 of 22 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 4. Termination. 4.1. Written Notice. City or Contractor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-aooronriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obliiiations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Contractor for services actually rendered up to the effective date of termination and Contractor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Contractor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Contractor has received access to City Information or data as a requirement to perform services hereunder, Contractor will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Contractor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Contractor. It will be the responsibility of Contractor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Contractor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Contractor will, in good faith, use all commercially reasonable efforts to cooperate with City Contractor Services Agreement Page 2 of 22 Civilian Division, LLC dba GI -MOW 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. Contractor agrees that City will, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Contractor involving transactions relating to this Agreement at no additional cost to City. Contractor agrees that City will have access during normal working hours to all necessary Contractor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Contractor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Contractor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Contractors, and subcontractors. Contractor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, contractors, and subcontractors. Contractor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City will in no way be considered a Co -employer or a Joint employer of Contractor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Contractor, nor any officers, agents, servants, employees, contractors, or subcontractors of Contractor will be entitled to any employment benefits from City. Contractor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors. Liabilitv and Indemnification. 8.1 LIABILITY- CONTRACTOR WILL 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 CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION- CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTSAND EMPLOYEES, FROMAND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PR OPER TYDAMA GE OR LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCL UDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. Contractor Services Agreement Page 3 of 22 Civilian Division, LLC dba GI -MOW 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Contractor 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 will not apply if City modifies or misuses the software and/or documentation. So long as Contractor bears the cost and expense of payment for claims or actions against City pursuant to this section, Contractor 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 Contractor 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, Contractor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Contractor 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 Contractor'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, Contractor 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/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 Contractor terminate this Agreement, and refund all amounts paid to Contractor by City, subsequent to which termination City may seek any and all remedies available to City under law. Assignment and Subcontracting. 9.1 Assignment. Contractor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor will be liable for all obligations of Contractor under this Agreement 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 Contractor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Contractor under this Agreement as such duties and obligations may apply. Contractor must provide City with a fully executed copy of any such subcontract. Contractor Services Agreement Page 4 of 22 Civilian Division, LLC dba GI -MOW 10. Insurance. Contractor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Contractor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non -owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit 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 Reauirements (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. Contractor Services Agreement Page 5 of 22 Civilian Division, LLC dba GI -MOW (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Contractor has obtained all required insurance will be delivered to the City prior to Contractor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws. Ordinances. Rules and Regulations. Contractor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor must immediately desist from and correct the violation. 12. Non -Discrimination Covenant. Contractor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, CONTRACTOR 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 Contractor Services Agreement Civilian Division, LLC dba GI -MOW To CONTRACTOR: Civilian Division LLC d/b/a GI -MOW Curtis Kinsey, Owner 4170 Willman Ave Page 6 of 22 Fort Worth, TX 76102-6314 Richland Hills, TX 76180 Facsimile: (817) 392-8654 Email: curtis(agi-mow.com With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of EmDlovees. Neither City nor Contractor will, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law / Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Maieure. City and Contractor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action 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 Parry 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. Contractor Services Agreement Page 7 of 22 Civilian Division, LLC dba GI -MOW 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Contractor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Contractor's option, Contractor will either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Contractor for the nonconforming services. 25. Immigration Nationality Act. Contractor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor will provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Contractor, will have the right to immediately terminate this Agreement for violations of this provision by Contractor. 26. OwnershiD 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, Contractor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. Contractor Services Agreement Page 8 of 22 Civilian Division, LLC dba GI -MOW 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 Contractor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Comnanv Name or Ownership.. Contractor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Contractor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29. No Bovcott of Israel. If Contractor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 30. Prohibition on Bovcotting Energv Comp.anies. Contractor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Contractor Services Agreement Page 9 of 22 Civilian Division, LLC dba GI -MOW Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 33. Entirety of Agreement. This Agreement, including all attachments and exhibits, contains the entire understanding and agreement between City and Contractor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Contractor Services Agreement Page 10 of 22 Civilian Division, LLC dba GI -MOW City Secretary Contract No. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. C�J Y IIY11� �C�J 7111i.�11171_Y_ A By: Valerie Washington (Jul 19, 202316:34 CDT) Name: Valerie Washington Title: Assistant City Manager Date: J u ly 19 , 2023 APPROVAL RECOMMENDED: By: Name: Jim Keezell Title: Code Compliance Assistant Director ATTEST: 4' oFOR op oo o o C dd �oo o Pvo °=d Ppa* oo oo0 o*�d By: l/J' Name: Jannette S. Goodall Title: City Secretary CONTRACTOR: Civilian Divisions LLC d1b/a GI -Mow By: Curtis Kinsey (Jul 19, 202 1:22 CDT) Name: Curtis Kinsey Title: Owner Date: July 19 2023 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: Onei1JohAsoA (Jul 2023 13:54 CDT) Name: Oneil Johnson Title: Code Compliance Superintendent APPROVED AS TO FORM AND LEGALITY: By: Name: Christopher Austria Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0597 Form 1295: 2023-1024039 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contractor Services Agreement Page 11 of 22 Civilian Division, LLC dba GI -MOW EXHIBIT A 6YK1] W BE$] 1N 3 AII/ [y xy 1) SCOPE OF WORK a) Civilian Division d/b/a GI -MOW (ContractorNendor) shall provide grounds maintenance and litter/trash collection and removal services along Interstate Highway 30 between Riverside Drive and Camp Bowie Boulevard and Interstate 35 between Jessamine and Spur 280.0. b) Additional grounds maintenance and litter/trash collection and removal services along roadways or in additional areas not specified by the Service Areas Maps may be added during the course of this agreement. 2) DEFINITIONS a) CLUMPED GRASS CUTTINGS - (Wind Rows) Shall refer to any accumulation of cut grass that on the day the mowing occurs exceeds six (6) inches in height. These clumps are typically found in areas where mowing equipment has turned, reversing directions. b) CONCURRENT - Shall refer to all mowing, trimming, and litter removal on any given item being completed on the same day. Should a given area be too large to complete in a single day, any areas that have been mowed must be trimmed, and litter removed the same day the mowing occurs and, mowed grass shall be blown or swept off of all curbs, gutters, sidewalks, trails and other hard surfaces. c) CONCURRENT CONTRACTS - In the event that any one Contractor is awarded contracts for mowing more than one project area, the Contractor shall proceed with work simultaneously in all areas awarded. d) CONTRACTOR CALL-BACK - When a Contractor is called to address a complaint, rework or non- performance. e) CONTRACT ADMINISTRATOR - Shall mean the duly authorized representative of CODE who shall monitor the contractor's performance. f) EDGING - Shall be so that grass and weeds do not extend over the edge of the walks, trails, drives or curbs more than'/a inch nor will they be cut back from the edge of walks, trails, or curbs more than'/a inch. g) GROUNDS MAINTENANCE PROJECT AREA - Shall refer to specific geographic area(s) and sections within each area of the City designated to receive specified grounds maintenance services. h) HARD SURFACE MEDIANS - End caps or traffic islands within or adjacent to the contracted area, which are not specifically identified in these specifications, shall be deemed to be a part of the contracted area. i) ILLEGAL DUMP SITE - A pile of debris larger than three (3) cubic yards. j) INCLEMENT WEATHER - Shall mean rainy/wet weather or when the condition of the soil is such that the rutting of property will occur and cutting of grass cannot be accomplished safely or satisfactorily that is in a manner that will not rut up or cause any damage to the turf. k) MAINTENANCE SCHEDULE - Shall mean the time periods established by the City for the mowing season within which all prescribed maintenance activities for each area shall be completed. Contractor Services Agreement Page 12 of 22 Civilian Division, LLC dba GI -MOW 1) MOWING HEIGHT — Shall refer to the setting of mowing equipment to cut grass to a height of four (4) inches. The Contract Administrator may make changes in the height requirements. Mowing below the heights stated above may result in liquidated damages when turf is damaged, e.g. scalping occurs. Repeated damage to turf may result in contract termination. m) NON -MOW AREA - An area of land designated for wildflowers, flowers or natural regeneration of native grasses. n) OZONE ACTION DAYS -The period from May 1st through October 31 st (Ozone Season) of each year, when ozone levels are critical. These days are determined by the Texas Natural Resource Conservation Commission and are announced via television, radio, and TXDOT highway information boards. i) Contractors are not to use any motorized equipment between the hours of 6AM and LOAM on these days, unless the equipment uses propane, diesel or compressed natural gas as a fuel source or meets California Air Resources Board (CARE) Revision #2, standards. o) TRASH AND LITTER - Shall mean any and all debris within the grounds maintenance project area including, but not limited to furniture, appliances, tires, construction material, paper, plastic, cans, bottles (including broken glass), bottle tops, cardboard, rags, limbs four (4) inches or smaller in diameter and branches, rocks, and other similar solid materials and foreign debris which is not intended to be present as part of the landscape. This is inclusive of entire project area including streets, sidewalks, curbs, hillsides, ditches, creeks, etc. An acceptably policed area that is considered neat and clean shall be free of such trash and litter. Any illegal dumping should be reported to the Contract Administrator. An illegal dump site will be defined as a pile of debris larger than three (3) cubic yards or about the size of a refrigerator. p) TRIMMING - Shall refer to the cutting or removal of all plant life adjacent to any fence line, pole, guy wire, sign, guard rail, sidewalk and curb. 3) CONTRACTOR LABOR AND PERSONNEL a) The Contractor shall provide all necessary labor to perform the services specified herein. b) All subordinate personnel (employees below Team Leader level) shall have at least six (6) months experience providing grounds maintenance services as detailed in this document. c) All personnel working on the City contract shall be considered the Contractor's employees, not City employees. d) All personnel shall be at least 17 years of age. e) All personnel shall be trained by the Contractor to ensure proper techniques are used. f) The Contractor shall assign sufficient grounds maintenance personnel (2-3 crews composed of 3-4 personnel) to meet the specified performance level. g) The Contractor shall provide trained substitute personnel for any grounds maintenance personnel not present for work h) The Contract Administrator may request the Contractor to remove any employee for cause, including but not limited to: poor or nonperformance of work, theft, abusive language or behavior. i) Contractor personnel shall wear bright safety vests and construction hard hats at all times when providing services to the City of Fort Worth. 4) CONTRACTOR RESPONSIBILITIES a) Contractor shall provide grounds maintenance (litter/trash pickup, mow, edge and trim, all turf areas) in a typical year in March, April, June, September, October, and December but up to six (6) times a year. Contractor shall collect and remove all litter/trash and debris two times on a monthly basis through the year (in months where a mow cycle is required, the litter removal prior to mowing will count as one of the months litter removal times), Up to eighteen (18) standalone litter/trash removal times (without mowing) Contractor Services Agreement Page 13 of 22 Civilian Division, LLC dba GI -MOW could potentially be required from the contractor. Contractor shall space service at least two (2) weeks apart between areas during the months of bi-monthly services. Litter removal only will be completed typically in January, February, April, May, July, August, October and November. b) CONTRACTOR SHALL REMOVE ALL TRASH AND LITTER FROM THE ENTIRE AREA PRIOR TO INITIATING ANY MOWING OF THE TURF AREA. c) Failure to remove litter/trash prior to mowing will result in the Contractor being required to return to site and remove all new litter/trash as well as all mowed litter/trash. Any papers, cans, or bottles cut or broken during maintenance operations shall be completely removed from the site immediately prior to proceeding with the maintenance of other areas. All trash and litter shall be disposed of by the Contractor at an off -site location procured by the Contractor at his/her sole expense. d) Contractor shall use reasonable care to avoid damaging buildings, equipment and vegetation on City or any other public or private property. This includes, but is not limited to irrigation heads, fences, mailboxes, etc. The Contractor must assess the area to be mowed prior to starting and make necessary adjustments not to cut or damage irrigation heads. If the Contractor's failure to use reasonable care causes damage to any property, the Contractor shall replace or repair the damage at no expense to the City. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. e) Contractor shall maintain sharp blades on all mowing equipment so as to cleanly cut, not tear, the blades of grass. All grass shall be cut at a height of four (4) inches. Upon completion, a mowed area shall be free of clumped grass cuttings and tire tracks and ruts from equipment. Turf shall be cut in a manner so as not to scalp turf or leave areas of uncut grass. Care shall be taken to prevent discharge of grass clippings onto any paved surface such as streets, curbs and gutters, parking lots, sidewalks, concrete pads, creeks, lakes or ponds and/or onto adjacent properties. Any material so discharged shall be removed prior to leaving the project area. The Contractor shall dispose of all trash and litter at an off -site location procured by the Contractor at her/ his sole cost and expense. f) All structures, trees, poles, tables, signs, fences, and shrub beds are to be trimmed closely, where applicable. Special care shall be given to trimming around trees so as not to inflict damage to the bark of the trees. Trim guards should be used on line trimmers when working around trees and ornamental shrubs. All trimming shall be accomplished maintaining the required 2" or 3" cutting height depending on project area and cycle frequency. ALL TRIMMING MUST BE ACCOMPLISHED CONCURRENTLY WITH MOWING OPERATIONS. Trimming can be reduced by chemical edging, with prior written approval of the Contract Administrator. g) All vegetation in cracks, seams, and joints of paved areas such as sidewalks, curbs, gutters two (2) feet out from the curb, and driveways shall be cut down to the pavement surface during the completion of each mowing cycle, where applicable. The use of herbicides to control such growth may be permitted with the prior written approval of the Contract Administrator and in accordance with all applicable State laws and regulations. 5) GROUNDS MAINTENANCE a) Contractor shall be responsible for: i) Collecting and removing all litter prior to mowing activities; ii) Mowing all areas listed on each map; iii) Edging all curbs and sidewalks; iv) Trimming all turf and volunteer vegetation, weeds and crack -grass along pavement, including expansion cracks extending two feet on the pavement, curbs and around or on signs, posts, guard rails, sidewalks, and other obstacles; v) Removing all trash and litter from the site. Contractor Services Agreement Page 14 of 22 Civilian Division, LLC dba GI -MOW vi) Documenting litter/trash collection and removal prior to mowing through providing an electronic or digital photo image of the area before and after litter/trash collection and after mowing completed areas; (1) Litter/trash includes, but is not limited to, plastic, cans, tires, bottles. cardboard, rags, limbs and branches, rocks and other similar solid materials and foreign debris which are not intended to be present as part of the landscape. b) Litter/trash Removal Only i) Litter/trash Removal shall consist of the removal of any and all debris within the grounds maintenance project area including, but not limited to furniture, appliances, tires, construction material, paper, plastic, cans, bottles (including broken glass), bottle tops, cardboard, rags, limbs four (4) inches or smaller in diameter and branches, rocks, and other similar solid materials and foreign debris which is not intended to be present as part of the landscape. ii) Contractor shall document litter/trash collection and removal through providing an electronic or digital photo image of the area before and after litter/trash collection has occurred. c) TREES AND SHRUBS i) NO PRUNING OF ANY TREE SHALL BE PERMITTED, UNLESS SPECIFIED OTHERWISE IN THESE SPECIFICATIONS. Trash and litter shall be removed from ornamental flower and planting beds during each mowing cycle. Mulch rings shall be reshaped prior to leaving project site when dislodged by mowing equipment. Severe damage to trees will result in replacement or compensation of trees by the Contractor. Failure to replace damaged trees shall be considered a breach of contract and Contractor shall be assessed for damages. Slight or moderate damages to trees will result in assessment of damages. 6) ASSESSMENT OF DAMAGES TO TREES DURING GROUNDS MAINTENANCE OPERATIONS: a) The Contractor will check trees in the contract area before contract work begins, any damage will be noted and reported to the Contract Administrator. b) The Contract Administrator will conduct random checks of the trees during the Agreement period. c) A check of all trees may be made at the end of the contract period. City Forester, Contract Administrator, and Contractor will attend the inspection. d) Damages shall be documented by memo to the City Forester with copy to contract file and the Contractor. e) Contractor may have the option of replacement or payment for severely damaged trees at a location to be designated by CODE. Replacement shall be made on caliber inch per caliper inch basis with a minimum size of replacement tree of 2" in caliper. The Contractor shall be responsible for the planting, watering, mulching and maintenance of replacement trees for a period of not less than two (2) years. Any tree that does not survive the two (2) year established period shall be compensated for by the Contractor to CODE a rate of $200.00 per caliper. f) Damages shall be assessed at a rate of: $100.00 for each instance of slight damage to tree(s), this is damage that may heal; examples include but are not limited to scaling of the trunk into the cambial layer'/z" to 2" in width but less than 1/3 trunk circumference or breaking of limbs less than 2" in diameter or limbs less than 1/3 trunk caliper whichever is less; $300.00 for each instance of moderate damage to tree(s) which in the opinion of the City Forester contribute to the poor health and reduced longevity of the tree examples would include but are not limited to scaling of the trunk into the cambial layer greater than 2" but less than 1/3 the trunk circumference or breaking of limbs more than 2" in diameter but less than 1/3 caliper. Severe damage or removal of trees is subject to penalty of $200.00 per diameter inch of trees removed or damaged for trees less than 30" $400.00 per diameter inch of trees greater than 30". Severe damage or removal shall include but is not limited to scaring of the trunk to the cambial layer greater than 1/3 the trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch greater than 1/3 of trunk caliper. g) Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back to according to American National Standards Institute (ANSI) standards. Trees greater than 6" in Contractor Services Agreement Page 15 of 22 Civilian Division, LLC dba GI -MOW caliper shall be measured using diameter at breast height (DBH). In addition to any penalties or damages assessed by Parks and Recreation Department (PARD), trees severely damaged or removed shall also be subject to fines and penalties of the Tree h) Conservation Ordinance of the Fort Worth Zoning Code. Trees that must be removed due to damage caused by the Contractor shall be removed by the Forestry Section Tree Removal Contractor at the Mowing Contractor's expense. i) Failure to replace or pay for damaged trees shall result in a breach of contract and the Contractor will be automatically assessed damages. Damages as described herein shall be deducted from payments otherwise due to the Contractor. 7) REMOVAL OF GRASS CLIPPINGS a) Removal of cut grass from turf areas will not be required, unless otherwise specified by the Contract Administrator. Cut grass and debris that falls or is thrown by equipment upon the pavement, streets, curb, gutter, sidewalks, or adjacent properties through the action of the crew shall be removed prior to leaving the project area. b) EDGING - of sidewalks, driveways and curbs, where applicable, shall be accomplished so that grass and weeds do not extend over the edge of the walks, trails, drives or curbs more than '/4 inch nor will they be cut back from the edge of walks, trails, drives or curbs more than'/4 inch. All concrete sidewalks, trails, curbs, walking paths and steps must be mechanically edged exposing concrete surface. The Contractor may use a disc edger on a mower or similar device to edge medians so long as the produced edge meets the standard set forth, above. All material dislodged by edging shall be removed from the site or blown back onto grass areas so as to leave a clean appearance. Concrete sidewalks shall be edged on both sides. 8) SCHEDULING a) Contractor shall submit a written maintenance schedule (including start day and estimated days for completion for both services: mowing and litter only) for each project area prior to the end of the first mowing cycle. Upon approval by the Contract Administrator, the contractor will maintain this schedule throughout the mowing season. The second mowing cycle work order will not be issued until the written schedule is received and approved. If contractor expects to vary from the schedule, the contractor shall notify the Contract Administrator of the variation at least three (3) days in advance and specify an alternate completion schedule. Alternate completion schedules are subject to approval by the Contract Administrator. b) NOTE: Contractor will be paid only for work actually accomplished during the established mowing cycle, unless due to weather or other valid reason the Contract Administrator has granted an extension to the schedule mowing cycle. 9) SUPERVISION OF WORK CREW a) Contractor shall provide supervision of all work crews while performing work under this Agreement. On - site supervision is not required as long as communication equipment is provided which enables the work crew to communicate with a project supervisor at all times. Each work crew shall have a designated person on the work site that has the authority to respond to inquiries about work details or priorities. 10) EVIDENCE OF COMPLETION a) The Contractor shall: Contractor Services Agreement Page 16 of 22 Civilian Division, LLC dba GI -MOW i) Use the MyFW contractor work app to document completions of each required work order. ii) Have a cell phone camera capable of capturing and downloading pictures that document each completed work order on contractor work app. iii) Provide photographic evidence of each work order through the use of MyFW contractor work app. b) Photographs submitted by Contractor shall: i) Be taken prior to commencement of work that accurately depicts the location designated on the work order, and upon completion, show the work performed. Photographs shall be landscape or panoramic view and taken at the same angle prior to services performed and following services. ii) Be in color. iii) Be submitted electronically with the matching work order and invoice to the assigned Contract Administrator listed on the work order. iv) Be submitted via email to Contract Administrator. 11) EQUIPMENT REQUIREMENTS a) The Contractor shall have available all equipment listed in their bid response, and material upon arrival at job site or prove that Contractor has access to all equipment necessary to perform all work outlined in this Agreement. b) All equipment shall be in good repair at all times and be operated by a responsible employee. 12) DELIVERY AND PERFORMANCE a) Upon issuance of a work order, the Contractor shall begin work and shall proceed with all reasonable dispatch to complete it. The Contractor shall maintain the same schedule as the one submitted to the Contract Administrator at the beginning of the mowing season. b) The Contractor shall be required to maintain all project areas assigned during the maintenance cycles for each project area. c) Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Contractor's obligation with respect to such performance shall continue in full force and effect. d) The Contract Administrator has the authority to cancel scheduled mowing cycles on a week -to -week basis. The cancellation will be based upon need, prevailing weather conditions and available funding. e) The Contractor shall be notified of any cancellations. The City reserves the right to perform grounds maintenance operations during canceled cycles. f) Contractors may be required to return to maintain specific locations during canceled cycles or after regular season mowing has ended. Any such call back work shall begin within two (2) working days of the request to perform work and shall be completed in a timely manner. Contractor Services Agreement Page 17 of 22 Civilian Division, LLC dba GI -MOW 13) MAINTENANCE SCHEDULE AND LIQUIDATED DAMAGES a) Failure on the part of the Contractor to maintain the required maintenance schedule or meet contract specifications may result in liquidated damages. assessment may be as much as two hundred fifty dollars ($250.00) per day in liquidated damages for incomplete work in the project area; until all work is completed (liquidated damages shall not exceed the total dollars for the incomplete project location, per cycle). b) Liquidated damages shall be on the specific area(s) that were not completed and identified by the Contract Administrator. The Contractor shall have 48 hours to complete the missed areas after Administrator notification before liquidated damages are assessed. c) Contractor should have 48 hours to complete an area after notice to proceed is issued by the Contract Administrator. d) FAILURE TO MEET THE CONTRACT REQUIREMENTS ON MORE THAN ONE OCCASION WITHIN THE SPECIFIED MAINTENANCE SCHEDULE MAY RESULT IN THE TERMINATION OF THE CONTRACT. 14) WORK ORDERS a) A work order will consist of a written document specifying the type of work. Contractor name, project area, maintenance cycle, beginning and ending date, and comments. A work order is issued on the beginning date of each mowing cycle. The Contractor shall not begin work on the project area until a work order is received. The work order shall be considered complete when all work in the project area has been inspected and approved by the Contract Administrator. Both the Contract Administrator and Contractor indicating agreement with the information on the work order including any comments noted by the Contract Administrator will then sign the work order. The completed work order sheets shall be attached to the monthly invoices verifying work performed. It is mandatory that all work orders be signed after completion of each cycle before a new work order may be issued. Failure to obtain a work order prior to beginning a maintenance cycle can result in non-payment for work performed. b) Upon issuance of a work order, the Contractor shall begin work within three (3) work days of submitted schedule or receipt of additional work orders and shall proceed with all reasonable dispatch to complete work within three (3) work days of submitted schedule or receipt of additional work orders. A work day is defined as Monday through Friday. The Contractor shall maintain the same schedule as the one submitted to the Contract Administrator at the beginning of the mowing season. The Contractor will be required to maintain all project areas assigned during the maintenance cycles for each project area. Inclement weather may result in the cancellation of a mowing cycle, only if the Contract Administrator determines that there was an insufficient time period available during the mowing cycle for the services to be performed. The Contractor may be required to return to maintain specific locations due to incomplete work. Any such call back must be completed within two (2) calendar days of the request. Failure to do so will result in non- payment of the service area. Repeated failure to do so may result in liquidated damages and contract termination. It shall be presumed that the Contractor can perform said services at the minimum rate of 25 acres per day per project area. c) The Contractor must use the most recent format or version of the completion sheet provided by the Contractor Administrator at all times. Contractor will not be paid for completions submitted on any other format or version of the completion sheet. Completion sheet shall consist of a written document, specifying the type of work, Contractor's name, project area, maintenance cycle, beginning and end dates, and completion date. Contractor Services Agreement Page 18 of 22 Civilian Division, LLC dba GI -MOW d) The Contractor shall not begin work on the project area until a work order is received. Failure to obtain a work order prior to beginning a maintenance cycle can result in non-payment for work performed. e) The Contractor shall submit each day's completions that are ready for inspection on the work order to the Contract Administrator within the first regular work day after the maintenance is completed. Failure to contact the assigned Contract Administrator on the next regular work day after work is completed on an area can result in liquidated damages and may lead to the termination of the Agreement. f) The work order shall be a considered complete when all work in the project area has been inspected and approved by the Contract Administrator. g) Failure to submit a completion sheet or obtain approval for any delay from the assigned Contract Administrator on the next regular work day after work is completed may result in the Contractor not being paid for the work. h) Failure to complete work in accordance with the approved schedule and/or submit the completion sheets within required timeframes may result in liquidated damages and/or contract termination. 15) STREET USE PERMIT a) The Contractor will be required to obtain a "Street Use Permit" prior to starting work. Contact Charles McLure at (817) 392-7219 for further instructions. b) The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Street and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways"' codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31.16.3. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required maintenance, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division at phone number (817) 392-7738, to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with temporary sign meeting the requirement of the above reference manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall not be left in place until the temporary sign requirements are met. When work is completed to the extent that the permanent sign can be re -installed, the Contractor shall again contact the Signs and Markings Division to re -install the permanent sign and shall leave the temporary sign in place until such re -installation is completed. 16) INSPECTION AND ACCEPTANCE a) Contract Administrator will be responsible for making inspections, monitoring the Contractor's activities and ensuring the work is performed in accordance with the Agreement specifications. The Contract Administrator shall record, process and submit all pertinent information to the Agreement file for determination of termination of Agreement or for non- renewal. Copies of documents related to inadequate performance will be submitted to the Purchasing Division. b) In the event the Contractor fails to perform according to the terms of this Agreement, the Contract Administrator will notify the Contractor, in writing, of its failures. A meeting may be arranged to discuss the Contractor's deficiencies. A written cure notice will be prepared giving the Contractor ten (10) calendar days to cure any deficiency. In the event the Contractor continues with unsatisfactory performance, the Contract Administrator will promptly notify the Buyer of record or the Purchasing Division or his/her designee who will take appropriate action to cure the performance problem(s), which could include Contractor Services Agreement Page 19 of 22 Civilian Division, LLC dba GI -MOW cancellation, termination for convenience or default. c) The City reserves the right to terminate this Agreement, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Payment to the Contractor will be based on actual quantities of work performed and accepted by the City. 17) CONTACT a) Contractor shall email each day's completions and attach before and after digital photos of area(s) that are ready for inspection to the Contract Administrator. The photos shall be submitted the first regular work day after the maintenance is completed. Failure to contact the assigned Contract Administrator on the next regular work day after work is completed on an area can result in liquidated damages and may lead to the termination of the Agreement 18) INVOICING a) On or before the 10th day of each month of this Agreement, the GI -MOW will provide the City with a signed fee invoice summarizing (i) the portion of the Services that have been completed during the prior month and (ii) any additional visits that have been incurred during the prior month. i) Litter pick up charges must remain separate from mowing charges incurred. Invoices shall be detailed and include contract pricing for all services. b) Contractor shall submit corrected/revised invoices within seven (7) calendar days of notification from the City. c) Unpaid invoices and/or appeals for service performed throughout the fiscal year (October 1 - September 30) must be resolved within 30 days of the City's new fiscal year. No previous year invoices will be paid after October 30' of the current year. d) Contractor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional costs for such services. City will not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. Contractor Services Agreement Page 20 of 22 Civilian Division, LLC dba GI -MOW City Secretary Contract No. EXHIBIT B PRICE SCHEDULE Line Description UOM Unit Price Grounds maintenance, Camp Bowie Sections 1 1 through 27 EA $ 1,400.00 Grounds maintenance, University West Sections 1 2 through 27 EA $ 2,100.00 Grounds maintenance, Forest Park Sections 1 through 3 31 EA $ 4,000.00 Grounds maintenance, Lancaster Sections 1 through 4 46 EA $ 8,500.00 Grounds maintenance, Henderson Sections 1 through 5 30 EA $ 5,100.00 Grounds Maintenance, Hattie Jessamine Sections 1 6 through 37 EA $ 1,700.00 Litter/trash removal biweekly from Camp Bowie - 7 Sections 1 through 27. EA $ 900.00 Litter/trash removal biweekly from University West - 8 Sections 1 through 28 EA $ 2,100.00 Litter/trash removal biweekly from Forest Park - 9 Sections 1 through 31. EA $ 1,800.00 Litter/trash removal biweekly from Lancaster - 10 Sections 1 through 46. EA $ 2,950.00 Litter/trash removal biweekly from Hattie Jessamine - 11 Sections 1 through 37. EA $ 900.00 Litter/trash removal biweekly from Henderson - 12 Sections 1 through 30. EA $ 2,100.00 Litter trash removal per linear curb mile of area and 13 including up to 20' from curb SF $ 0.11 14 Grounds Maintenance mowing acreage SF $ 140.00 15 Litter trash removal per acreage SF $ 66.00 Contractor Services Agreement Page 21 of 22 Civilian Division, LLC dba GI -MOW FORT WORTH EXHIBIT C CITY'S ITB NO.23-0057 Event ID CFW01-23-0057 Event Round Version 1 1 Event Name ITB I-30 & I-35 Mowinq and Trash Pick-up Start Time Finish Time 04/05/2023 08:00:00 CDT 04/20/202 3 Page Invited: EVENT DETAILS 1 Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing Services 200 Texas St. (Lower Level Rm 1501) Fort Worth TX 76102-6314 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth is seeking bids for mowing and trash pick-up services for the Code Compliance Department. All items shall be bid per attached specification. Submission Requirements and Deadlines All companies/individuals wishing to do business with the City of Fort Worth must register as a vendor through the PeopleSoft Supplier Portal. Please visit:https://www.fortworthtexas.gov/departments/finance/purchasing/register for more information. Assigned Buyer: La'Kita Slack -Johnson PREBID CONFERENCE - A pre -bid conference will be held in -person at City Hall and via Webex on Wednesday, April 12, 2023 at 3:OOPM (Local Time). Attendance at pre -bid conferences are not mandatory, but strongly encouraged. In -Person Address: City of Fort Worth- City Hall,200 Texas St.,Fort Worth, TX 76102 Located in the Development Services Conference Room on the Lower Level at the North end of the building, across from the elevator. Webex: Meeting Phone Number: 1-469-210-7159 Meeting Log In: 2553 548 7683 Meeting Password: UWsZgvgM973 Meeting Link: hftps://fortworthtexas.webex.com/fortworthtexas/j.php?MTID=m4l9e8fdla48dd3c6b7f2a38e4ll547ea Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this solicitation. Completed Bids including one executed original and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., April 20, 2023, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Sr. Purchasing Manager. YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address:City of Fort Worth, Purchasing Division, Lower Level, City Hall, 200 Texas Street, Fort Worth, Texas 76102 Bids delivered by special courier (i.e. Federal Express, Special Delivery etc.) are to be marked on the outside of the courier's shipping envelope "BID No. 23-0057, ITB 1-30 & 1-35 Mowing and Trash Pickup Services "AND MUSTBE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed; they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms, conditions and scope/specifications contained this document. The period for acceptance of this bid will be 120 calendar days after the bid opening date Solicitation Documents: Cover Page Bid Submission Signature Page** Price Submittal ** Part 1 Instructions Part 2 Detailed Specification Attachment A - Conflict of Interest Disclosure** Attachment B - Reference Sheet** Attachment C - Vendor Contact Information** Attachment D - Bidder Qualification Questionnaire** Attachment E - Consideration of Location of Bidder's Principal Place of Business**(if applicable) Attachment F - Document Checklist** Attachment G - Draft Services Agreement Exhibit A- Mowing and Trash Pick-up Area Maps ** Required to be completed and submitted. See Section 14.0, Part 1 for all required documents that need to be submitted. Failure to submit all items will be grounds for rejection of a bid as non -responsive to specifications. FORT WORTH PRICE SUBMITTAL Event ID Page Invited: EVENT DETAILS CFW01-23-0057 2 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITB I-30 & I-35 Mowinq and Trash Pick-up Services 200 Texas St. (Lower Level Rm 1501) Start Time Finish Time Fort Worth TX 76102-6314 04/05/2023 08:00:00 CDT 04/20/2023 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by submitting and signing below, acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference, and agrees to be bound by the terms therein. Company Name: Company Address: City, State, Zip: Vendor Registration No. Printed Name of Officer or Authorized Representative: Title: Signature of Officer or Authorized Representative: Date: Email Address: Phone Number: Federal Identification Number (FID): Will agreement be available for Cooperative Agreement Use? Yes_ No ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 2 of 37 FORT WORTH PRICE SUBMITTAL Event ID Page Invited: EVENT DETAILS CFW01-23-0057 3 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITB I-30 & I-35 Mowiriq and Trash Pick-up services 200 Texas St. (Lower Level Rm 1501) Start Time Finish Time Fort Worth TX 76102-6314 04/05/2023 08:00:00 CDT 04/20/2023 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description: Qtv Unit UnitPrice Total Grounds maintenance, Camp Bowie Sections 1-27 3.00 EA Line: 2 Description: Qtv Unit UnitPrice Total Grounds maintenance, University Sections 1-27 3.00 EA Line: 3 Description: Qtv Unit UnitPrice Total Grounds maintenance, Forest Park Sections 1-31 3.00 EA Line: 4 Description: Qtv Unit UnitPrice Total Grounds maintenance, Lancaster Sections 1- 46 3.00 EA Line: 5 Description: Qtv Unit UnitPrice Total Grounds maintenance, Henderson Sections 1 - 30 3.00 EA Line: 6 Description: Qtv Unit UnitPrice Total Grounds Maintenance, Hattie/ Jessamine Sections 1 - 37 3.00 EA Line: 7 Description: Qtv Unit UnitPrice Total Litter/trash removal biweekly from 13.00 EA Camp Bowie - Sections 1 - 27 Line: 8 Description: Qtv Unit UnitPrice Total Litter/trash removal biweekly from 13.00 EA University West - Sections 1 - 27 ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 3 of 37 FORT WORTH PRICE SUBMITTAL Event ID Page Invited: EVENT DETAILS CFW01-23-0057 4 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITB I-30 & I-35 Mowiriq and Trash Pick-up services 200 Texas St. (Lower Level Rm 1501) Start Time Finish Time Fort Worth TX 76102-6314 04/05/2023 08:00:00 CDT 04/20/2023 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Description: Qtv Unit UnitPrice Total Litter/trash removal biweekly from 13.00 EA Forest Park - Sections 1 - 31 Line: 10 Description: Qtv Unit UnitPrice Total Litter/trash removal biweekly 13.00 EA from Lancaster - Sections 1 - 46 Line: 11 Description: Qtv Unit UnitPrice Total Litter/trash removal biweekly from 13.00 EA Hattie Jessamine - Sections 1 - 37 Line: 12 Description: Qtv Unit UnitPrice Total Litter/trash removal biweekly from 13.00 EA Henderson - Sections 1 - 30 Line: 13 Description: Qtv Unit UnitPrice Total Litter trash removal per linear ft. 13.00 EA Line: 14 Description: Qtv Unit UnitPrice Total Grounds Maintenance mowing per acreage 3.00 EA Line: 15 Description: Qtv Unit UnitPrice Total Litter trash removal per acreage 13.00 EA Total Bid Amount: Prompt Payment Discount Terms: Percent Days (i.e. 3% Net 15, etc.)" A bid of "0" (zero) will be interpreted by the City as a no -charge (free) item and the City will not expect to pay for that item. A bid of "no bid" or no response (space left blank) will be interpreted by the City that the Bidder does not wish to bid on that item. ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 4 of 37 PART-1 INSTRUCTIONS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation as well as any addendums. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation by the deadline for questions listed in Section 2.0, Part 2. The City assumes no responsibility for any errors or misrepresentations that result from Bidders not using the completed Solicitation document and addendums. 1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location for the Purchasing Division is specified in the advertisement and on the first page of the solicitation. 2.0 EXPLANATIONS. CLARIFICATIONS OR QUESTIONS 2.1 Any explanation, clarification, or question desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division by the question deadline listed in Section 2.0, Part 2, so that a written addendum can be posted before the submission deadline. Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.2 IN ORDER FOR QUESTIONS TO BE ANSWERED, ALL QUESTIONS MUST BE HAND DELIVERED OR SENT BY E-MAIL BEFORE THE QUESTION DEADLINE AND MUST BE IDENTIFIED AS FOLLOWS: 2.2.1 All explanation, clarification or questions must clearly identify the buyer's name and the bid number on the document or on the subject line, if sent by and email. For example: "Attention: Buyer name and Bid No. XX-XXXX". If the buver's name and bid number is not included as specified above. the auestion(s) will NOT be answered. 2.2.2 Delivery of questions by: 2.2.2.1 Via Email — FMSPurchasinaRes oonses(@fortworthtexas.aov 2.2.2.1.1 Please note, if an e-mail confirming receipt of your e-mail is not received within one (1) business day, please contact the City of Fort Worth Purchasing at 817-392-2462. 2.3 Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.4 Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum posted on the City's website under the corresponding bid number. 3.0 UNAUTHORIZED COMMUNICATIONS Bidders' contact regarding this Invitation to Bid (ITB) with employees or officials of the City other than the Sr. Purchasing Manager, the Business Equity Division, or as otherwise indicated in the ITB ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 5 of 37 is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Respondent shall have any contact or discussion, verbal or written, with any members of the City Council, City staff or City's consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except as herein provided. Any violation of this prohibition may result in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non -binding with regard to this ITB. 4.0 PREBID CONFERENCE 4.1 A pre -bid conference will be held in -person at City Hal and via WebEx on Wednesday, April 12, 2023 at 3:OOPM (Local Time). Attendance at pre -bid conferences are not mandatory, but strongly encouraged. 4.1.1 In -Person Address: City of Fort Worth- City Hall 200 Texas St Fort Worth, TX 76102 Located in the Development Services Conference Room on the Lower Level at the North end of the building, across from the elevator. 4.1.2 Webex Meeting Information: Meeting Phone Number: 1-469-210-7159 Meeting Log In: 2553 548 7683 Meeting Password: UWsZgvgM973 Meeting Link: https://fortworthtexas.webex.com/fortworthtexas/j.php?MTID=m4l9e8fdl a48dd3c6b7f 2a38e411547ea 5.0 PREPARATION OF BIDS 5.1 Each Bidder must furnish all information required by the Solicitation in order to be evaluated. Prices or Percent Discounts submitted on other than the forms included in the Solicitation shall be considered non -responsive. 5.2 Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 6.0 QUANTITIES The quantities listed on the Price Submittal are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. 6.0 TAXES Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 6 of 37 8.0 DEFINITIONS 8.1 Brand Name or Equal: If the Solicitation indicates brand name or "equal" products are acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal" remains with the City. 8.2 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated, the Bidder shall state its best delivery time. 8.3 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. This means the Vendor or Shipper owns goods in transit and is liable for delivery to the point of destination. 8.3.1 The Vendor or Shipper is responsible for filing any claims with the delivering carrier for breakage or other loss and for any damage resulting from transportation. 8.3.2 The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the Bidder's expense and risk, and their tender delivery to the City. 8.3.3 Bids offering anv other delivery terms are not acceptable and may be cause for reiection. 9.0 PRICES/PERCENTAGE DISCOUNT 9.1 Bid prices and percentage discount (if applicable) shall be firm offers unless otherwise specified. Pricing and percentage discount (if applicable) shall be entered on the Bid Offer Sheet or the Price Submittal. 9.2 In the event of a discrepancy between unit price and extended price, the unit price shall govern. 9.3 Prices shall be offered in the Dollars of the United States of America (or decimal fractions thereof). 10.0 SIGNATURE - The Bidder must provide a wet signature on each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. 11.0 PROPRIETARY INFORMATION SUBMITTED IN THE BID 11.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 11.1.1 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. If a Public Information Request is made for Bidder's proprietary information, the Bidder will be notified so that they can submit a letter to the Texas Attorney General. The final decision as to information that must be disclosed lies with the Texas Attorney General. 11.1.2 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 12.0 BID PREPARATION COSTS - All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 7 of 37 13.0 PAYMENTS 13.1 All payment terms shall be no later than 30 days from the date the City receives a properly prepared invoice that contains no errors. Please see Section 11.0 for invoicing requirements. Prompt/early payment discount(s) may be considered by the City. Bidder shall submit the proposed discount(s) on the "Price Submittal page." 13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at httos://www.fortworthtexas.aov/departments/finance/ourchasina/ach 14.0 SUBMISSION OF BIDS 14.1 Bid documents: Unless otherwise specified, Bidders are required to submit a signed executed original and one scanned copy of the entire bid submittal on a flash drive. Bids must be submitted in a sealed envelope with the bid number and bidder company name written on the outside of the envelope. 14.2 Documents required to be submitted with Bid: Bidders shall submit all the items listed below and utilize the format below to submit their bid prior to the bid submission deadline. 14.2.1 The completed and signed Bid Submission Signature Page; 14.2.2 The completed Price Submittal; 14.2.3 A completed and signed original Conflict of Interest Questionnaire, Attachment A; 14.2.4 A completed reference sheet, Attachment B; 14.2.4.1 Reference list of a minimum of three (3) current customers (comparable in size) who the bidder has recently provided mowing services on a continuing basis over a two (2) year period. The City of Fort Worth may be used as one (1) of the references. 14.2.5 A completed and signed Vendor Contact Information, Attachment C; 14.2.7 Bidders shall provide a list of adequate supply of equipment and materials needed to complete the service including, but not limited to: 14.2.7.1 Four (4) Zero Turn Radius Mowers or equivalent; 14.2.7.2 Four (4) edgers; 14.2.7.3 Four (4) weed trimmers; 14.2.7.4 Four (4) back pack blowers, and; 14.2.7.5 Safety vest, traffic cones, and protective eyewear 14.2.8 A completed Bidders Qualification Questionnaire, Attachment D; 14.2.9 A completed Consideration of Location of Bidder's Principal Place of Business, Attachment E (if applicable); 14.2.10 A completed document checklist, Attachment F; 14.2.11 Signed Addendum(s) acknowledging receipt (if applicable); ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 8 of 37 14.2.12 Scanned copy of all documents listed in Section 14.2, Part 1 on a USB Drive; 14.2.13 Any other document included in the Solicitation requiring completion or execution by the Bidder. 14.2 Failure to submit all the items listed in Section 14.2, Part 1 will be grounds for rejection of a bid as non -responsive to the specifications. 15.0 LATE BIDS 15.1 Bids must be received in the Purchasing Division prior to the bid submission deadline. All Bids received after the submission deadline are considered late and will be returned to the Bidder unopened. 15.2 Purchasing's time stamp clock is the official time of record. However, if the time stamp is not available or broken, the date and time written on the bid receipt by Purchasing staff shall be the time of record. 15.3 It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the Purchasing Division. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies, or any other form of delivery service chosen by the Bidder to deliver before the bid due date and time. 15.4 Bids delivered to a City location other than the Purchasing Division will not be considered. The Bid must be received by the Purchasing Division and stamped before deadline to be considered. 16.0 MODIFICATION OR WITHDRAWAL OF BIDS 16.1 Modification of Bids: Bids may be modified in writing at any time prior to the bid submission deadline. 16.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the facsimile is signed by the Bidder) at any time prior to the bid submission deadline. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the bid submission deadline. A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the bid submission deadline without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or without modifications, prior to the bid submission deadline. The City may require proof of agency from the person withdrawing a bid. 17.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall personally and publicly open all Bids timely received, reading each bid aloud. 18.0 EVALUATION FACTORS AND AWARD 18.1 Evaluation: Bidders may furnish pricing for all or any portion of the Price Submittal (unless otherwise specified). However, the City may evaluate and award the Contract for any item or group of items shown on the Price Submittal, or any combination deemed most advantageous to the City. Bids that specify an "all or none" award may be considered if a single award is advantageous. 18.2 Award. The Method of Award is detailed in Section 4.0, Part 2. 18.3 Acceptance and Award of Bid: Acceptance and award of a Bid will be in the form of a Purchase Order or a Contract. Subsequent Purchase Orders may be issued as ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 9 of 37 appropriate. The contents of a Bid Response shall become a part of the Contract. Under no circumstances will the City be responsible for Goods or Services provided without a Purchase Order issued by the City. 19.0 RESERVATIONS - The City expressly reserves the right to: 19.1 Specify approximate quantities in the Solicitation; 19.2 Extend the Solicitation opening date and time; 19.3 Consider and accept alternate Bids, if specified in the Solicitation, when most advantageous to the City; 19.4 Waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 19.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bidder); 19.6 Add additional terms or modify existing terms in the Solicitation before the bid submission deadline; 19.7 Reject a bid because of unbalanced unit prices bid; 19.8 Reject or cancel any or all Bids; 19.9 Reissue a Solicitation; 19.10 Procure any item by other means; and/or 19.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors. 20.0 POST -BID DOCUMENTS REQUIRED FROM BIDDERS 20.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 20.2 Business Equity Provision: The Business Equity Goal of 0% has been established for the bid, the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within three (3) City business days after the bid opening date, exclusive of the bid opening date, to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. Bidders shall the Business Equity Utilization Plan Requirements and Forms attached as Attachment F. 20.3 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution, the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at httos://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 10 of 37 21.0 PROTEST PROCEDURE 21.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 21.2 The Vendor must submit any protest in writing to the Sr. Purchasing Manager within 14 days after the Vendor knows, or should have known, of the facts relating to the proposed action or award. 21.3 The Sr. Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing action through telephone discussions, mail, e-mail or in person meetings with the protesting Vendor. 21.4 After discussions or meetings, the Sr. Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting Vendor of the right to review by a panel made up of City staff. 21.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department, the Sr. Purchasing Manager and any other appropriate personnel or employees of the operating department. 21.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the Vendor does not agree, the protesting Vendor will be invited to attend the City Council meeting at which the recommended award is to be presented to the City Council and make known his/her concerns. The protesting Vendor will be instructed to arrive prior to the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document (M&C) in question. 21.6.1 Vendors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: htto://fortworthtexas.aov/citvsecretarv/info/default.aSDX?id=2914 on the City's website. 22.0 COOPERATIVE PURCHASING 22.1 Should other governmental entities decide to participate in this contract, Bidder, shall indicate in their proposals whether they agree that all terms, conditions, specification, and pricing would apply. 22.2 If the successful Bidder agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental entities within utilizing Contracts with the City of Fort Worth shall be eligible, but not obligated, to purchase material/services under this contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Fort Worth shall be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth shall not be responsible for another governmental entity's debts. Each governmental entity shall order its own material/services as needed ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 11 of 37 PART — 2 DETAILED SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City) seeks bids to finalize an agreement for 1-30 & 1-35 mowing and trash pickup services for the Code Compliance (Code) Department. 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"/"Vendor." 1.2 This Agreement shall begin upon award or execution of the City Secretary Contract ("Effective Date") and shall expire one year from the effective 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 two (2) one - year renewal periods, unless the 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 Contractor / Vendor. 1.3 The work covered by these specifications consists of specific grounds maintenance and litter/trash collection and removal services along Interstate Highway 30 between Riverside Drive and Camp Bowie Boulevard and Interstate 35 between Jessamine and Spur 280. 1.4 Bid line items 13 through 15 are for additional grounds maintenance and litter/trash collection and removal services along roadways or in additional areas not specified by the Service Areas Maps that may be added following the award 1.5 The quantities listed on the Price Submittal pages are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City is obligated to pay for only those services actually ordered by an authorized City employee and then received as required and accepted by the City. 1.6 Following the award, additional goods 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. 1.7 Unit prices shall include all costs associated with the specified work, including but not limited to handling, delivery, fuel charges, fees and certification fees. NO ADDITIONAL CHARGES WILL BE ACCEPTED OR PAID BY THE CITY. 1.8 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. 1.9 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 2.0 TENTATIVE SCHEDULE OF EVENTS TASK ITB Release Date Pre -Bid Deadline for Questions Answers Posted DATE Wednesday, April 5, 2023 Wednesday April 12, 2023 at 3:OOPM (Local Time) Wednesday April 13, 2023 at 5PM (Local Time) Friday, April 15, 2023 ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 12 of 37 ITB Responses Due Date AT 1:30 p.m. (Local Time) Thursday, April 20, 2023 Recommended Vendor Selection May 2023 Mayor and Council May -June 2023 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP - The Vendor shall notify the City's Sr. Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 4.0 METHOD OF AWARD 4.1 Bids will first be evaluated based upon bids received from a responsible bidder that presents the best value to the City. A responsible bidder is defined as a bidder that: 4.1.1 Meets the requirement listed in Section 5.0, Part 2. 4.1.2 Submits a completed bid package within the stated deadline and in accordance with the bid specifications. 4.2 Bids that do not receive 50% or more of the total available points, excluding the points for price, will be deemed non -responsive. 4.3 The following criteria will be used to determine the best value: 4.3.1 Cost of service — up to 35 points 4.3.2 Contractor years of experience and references working with government/similar size organization — up to 25 points 4.3.2.1 This will be evaluated based the bidder's references Attachment B- Reference Sheet and Attachment D Bidder's Qualification Questionnaire. 4.3.3 Availability of resources to provide services (equipment)— up to 20 points. (See Part 1, Section 14.2.7, Page 8). 4.3.3.1 This will be evaluated based on the availability of equipment required to perform services (See Attachment D- Bidder's Qualification Questionnaire) 4.3.4 Availability of resources to provide services (personnel)— up to 20 points 4.3.4.1 This will be evaluated based on the number of staff available to perform services (See Part 2, Section 7.5, Page 16). 4.4 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 4.5 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. ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 13 of 37 4.6 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. 4.7 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 4.8 In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards. 4.9 If Attachment E Local Preference, is completed by any Bidder, the City will review the Attachment to determine whether Local preference will apply to the award. 5.0 CONTRACTOR'S REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED 5.1 The Contractor shall: 5.1.1 Have a minimum of two (2) years of experience conducting services similar or related to the Scope of Services. 5.1.2 Have and operate a full-time, permanent business address with the ability to be reached by email and telephone. 5.1.3 At a minimum, have access to the following equipment for use on this Agreement: 5.1.3.1 Four (4) Zero Turn Radius Mowers or equivalent; 5.1.3.2 Four (4) edgers; 5.1.3.3 Four (4) weed trimmers; 5.1.3.4 Four (4) back pack blowers, and; 5.1.3.5 Safety vest, traffic cones, and protective eyewear. 5.1.4 Insufficient and/or inadequate equipment as determined by the Evaluation Panel will deem the bid as non -responsive. The City reserves the right to thoroughly inspect and investigate the establishment, facilities, business reputation, and other qualifications of any Contractor. 6.0 DEFINITIONS 6.1 Clumped grass cuttings - (Wind Rows) Shall refer to any accumulation of cut grass that on the day the mowing occurs exceeds six (6) inches in height. These clumps are typically found in areas where mowing equipment has turned, reversing directions. 6.2 Concurrent - Shall refer to all mowing, trimming, and litter removal on any given item being completed on the same day. Should a given area be too large to complete in a single day, any areas that have been mowed must be trimmed, and litter removed the same day the mowing occurs and, mowed grass shall be blown or swept off of all curbs, gutters, sidewalks, trails and other hard surfaces. 6.3 Concurrent contracts - In the event that any one Contractor is awarded contracts for mowing more than one project area, the Contractor shall proceed with work simultaneously in all areas awarded. 6.4 Contractor call-back - When a Contractor is called to address a complaint, rework or non- performance. ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 14 of 37 6.5 Contract administrator - Shall mean the duly authorized representative of CODE who shall monitor the contractor's performance. 6.6 Edging - Shall be so that grass and weeds do not extend over the edge of the walks, trails, drives or curbs more than '/4 inch nor will they be cut back from the edge of walks, trails, or curbs more than '/4 inch. 6.7 Grounds maintenance project area - Shall refer to specific geographic area(s) and sections within each area of the City designated to receive specified grounds maintenance services. 6.8 Hard surface medians - End caps or traffic islands within or adjacent to the contracted area, which are not specifically identified in these specifications, shall be deemed to be a part of the contracted area. 6.9 Illegal dump site - A pile of debris larger than three (3) cubic yards. 6.10 Inclement weather - Shall mean rainy/wet weather or when the condition of the soil is such that the rutting of property will occur and cutting of grass cannot be accomplished safely or satisfactorily that is in a manner that will not rut up or cause any damage to the turf. 6.11 Maintenance schedule - Shall mean the time periods established by the City for the mowing season within which all prescribed maintenance activities for each area shall be completed. 6.12 Mowing height — Shall refer to the setting of mowing equipment to cut grass to a height of four (4) inches. The Contract Administrator may make changes in the height requirements. Mowing below the heights stated above may result in liquidated damages when turf is damaged, e.g. Scalping occurs. Repeated damage to turf may result in contract termination. 6.13 Non -mow area - An area of land designated for wildflowers, flowers or natural regeneration of native grasses. 6.14 Ozone action days - The period from May 1 st through October 31 st (Ozone Season) of each year, when ozone levels are critical. These days are determined by the Texas Natural Resource Conservation Commission and are announced via television, radio, and TXDOT highway information boards. 6.15 Trash and litter - Shall mean any and all debris within the grounds maintenance project area including, but not limited to furniture, appliances, tires, construction material, paper, plastic, cans, bottles (including broken glass), bottle tops, cardboard, rags, limbs four (4) inches or smaller in diameter and branches, rocks, and other similar solid materials and foreign debris which is not intended to be present as part of the landscape. This is inclusive of entire project area including streets, sidewalks, curbs, hillsides, ditches, creeks, etc. An acceptably policed area that is considered neat and clean shall be free of such trash and litter. Any illegal dumping should be reported to the Contract Administrator. An illegal dump site will be defined as a pile of debris larger than three (3) cubic yards or about the size of a refrigerator. 6.16 Trimming - Shall refer to the cutting or removal of all plant life adjacent to any fence line, pole, guy wire, sign, guard rail, sidewalk and curb. ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 15 of 37 7.0 CONTRACTOR PERFORMANCE AND LABOR PERSONNEL 7.1 The Contractor shall provide all necessary labor to perform the services specified herein. All subordinate personnel (employees below Team Leader level) shall have at least six (6) months experience providing grounds maintenance services as detailed in this document. 7.2 All personnel working on the City contract shall be considered the Contractor's employees, not City employees. 7.3 All personnel shall be at least 17 years of age and trained by the Contractor to ensure proper techniques are used. 7.4 The Contractor shall assign sufficient grounds maintenance personnel (2-3 crews composed of 3- 5 personnel) to meet the specified performance level. 7.5 The Contractor shall provide trained substitute personnel for any grounds maintenance personnel not present for work 7.6 The Contract Administrator may request the Contractor to remove any employee for cause, including but not limited to: poor or nonperformance of work, theft, abusive language or behavior. 7.7 Contractor personnel shall wear bright safety vests and construction hard hats at all times when providing services to the City of Fort Worth. 7.8 Contractor and personnel are not to use any motorized equipment between the hours of 6AM and 10AM on these days, unless the equipment uses propane, diesel or compressed natural gas as a fuel source or meets California Air Resources Board (CARB) Revision #2, standards. 8.0 CONTRACTOR RESPONSIBILTIES 8.1 Contractor shall provide grounds maintenance (litter/trash pickup, mow, edge and trim, all turf areas) in a typical year in March, April, June, September, October, and December but up to six (6) times a year. Contractor shall collect and remove all litter/trash and debris two times on a monthly basis through the year (in months where a mow cycle is required, the litter removal prior to mowing will count as one of the months litter removal times), Up to eighteen (18) standalone litter/trash removal times (without mowing) could potentially be required from the contractor. Contractor shall space service at least two (2) weeks apart between areas during the months of bi-monthly services. Litter removal only will be completed typically in January, February, April, May, July, August, October and November. 8.2 Contractor shall use reasonable care to avoid damaging buildings, equipment and vegetation on City or any other public or private property. This includes, but is not limited to irrigation heads, fences, mailboxes, etc. The Contractor must assess the area to be mowed prior to starting and make necessary adjustments not to cut or damage irrigation heads. If the Contractor's failure to use reasonable care causes damage to any property, the Contractor shall replace or repair the damage at no expense to the City. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. 8.3 Contractor shall submit a written maintenance schedule (including start day and estimated days for completion for both services: mowing and litter only) for each project area prior to the end of the first mowing cycle. Upon approval by the Contract Administrator, the contractor will maintain this schedule throughout the mowing season. The second mowing cycle work order will not be issued until the written schedule is received and approved. If contractor expects to vary from the schedule, the contractor shall notify the Contract ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 16 of 37 Administrator of the variation at least three (3) days in advance and specify an alternate completion schedule. Alternate completion schedules are subject to approval by the Contract Administrator. 8.4 NOTE: Contractor will be paid only for work actually accomplished during the established mowing cycle, unless due to weather or other valid reason the Contract Administrator has granted an extension to the schedule mowing cycle. 8.5 Contractor shall mow all areas listed on each map; 8.6 Contractor shall edge all curbs and sidewalks; 8.7 Contractor shall check trees in the contract area before contract work begins, any damage will be noted and reported to the Contract Administrator. 8.8 Contractor shall provide supervision of all work crews while performing work under this Agreement. On -site supervision is not required as long as communication equipment is provided which enables the work crew to communicate with a project supervisor at all times. Each work crew shall have a designated person on the work site that has the authority to respond to inquiries about work details or priorities 8.9 Contractor shall trim all turf and volunteer vegetation, weeds and crack -grass along pavement, including expansion cracks extending two feet on the pavement, curbs and around or on signs, posts, guard rails, sidewalks, and other obstacles; 8.10 Contractor shall remove all trash and litter from the site. 8.11 Contractor shall document litter/trash collection and removal prior to mowing by providing an electronic or digital photo image of the area before and after litter/trash collection and after mowing completed areas; 8.11.1 Litter/trash includes, but is not limited to, plastic, cans, tires, bottles. cardboard, rags, limbs and branches, rocks and other similar solid materials and foreign debris which are not intended to be present as part of the landscape. 8.12 Contractor shall use the MyFW contractor work app to document completions of each required work order. 8.13 Contractor shall have a cell phone camera capable of capturing and downloading pictures that document each completed work order on contractor work app. 8.14 Contractor shall provide photographic evidence of each work order through the use of MyFW contractor work app. 8.15 Contractor shall provide color photographs prior to commencement of work that accurately depicts the location designated on the work order, and upon completion, show the work performed. Photographs shall be landscape or panoramic view and taken at the same angle prior to services performed and following services. 8.16 Contractor shall submit electronical with the matching work order and invoice to the assigned Contract Administrator listed on the work order. 8.17 Contractor shall email each day's completions and attach before and after digital photos of area(s) that are ready for inspection to the Contract Administrator. The photos shall be submitted the first regular work day after the maintenance is completed. Failure to contact the assigned Contract Administrator on the next regular work day after work is completed ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 17 of 37 on an area can result in liquidated damages and may lead to the termination of the Agreement. 9.0 GROUNDS MAINTENANCE REQUIREMENTS 9.1 Edging Requirements 9.1.1 Edging of sidewalks, driveways and curbs, where applicable, shall be accomplished so that grass and weeds do not extend over the edge of the walks, trails, drives or curbs more than '/4 inch nor will they be cut back from the edge of walks, trails, drives or curbs more than '/4 inch. All concrete sidewalks, trails, curbs, walking paths and steps must be mechanically edged exposing concrete surface. The Contractor may use a disc edger on a mower or similar device to edge medians so long as the produced edge meets the standard set forth, above. All material dislodged by edging shall be removed from the site or blown back onto grass areas so as to leave a clean appearance. Concrete sidewalks shall be edged on both sides. 9.2 Litter/trash Removal Only 9.2.1 Litter/trash Removal shall consist of the removal of any and all debris within the grounds maintenance project area including, but not limited to furniture, appliances, tires, construction material, paper, plastic, cans, bottles (including broken glass), bottle tops, cardboard, rags, limbs four (4) inches or smaller in diameter and branches, rocks, and other similar solid materials and foreign debris which is not intended to be present as part of the landscape. 9.2.2 Contractor shall document litter/trash collection and removal by providing an electronic or digital photo image of the area before and after litter/trash collection has occurred. 9.3 Trees and Shrubs 9.3.1 NO PRUNING OF ANY TREE SHALL BE PERMITTED, UNLESS SPECIFIED OTHERWISE IN THESE SPECIFICATIONS. Trash and litter shall be removed from ornamental flower and planting beds during each mowing cycle. Mulch rings shall be reshaped prior to leaving project sites when dislodged by mowing equipment. Severe damage to trees will result in replacement or compensation of trees by the Contractor. Failure to replace damaged trees shall be considered a breach of contract and Contractor shall be assessed for damages. Slight or moderate damages to trees will result in assessment of damages. 9.4 CONTRACTOR SHALL REMOVE ALL TRASH AND LITTER FROM THE ENTIRE AREA PRIOR TO INITIATING ANY MOWING OF THE TURF AREA. 9.5 Failure to remove litter/trash prior to mowing will result in the Contractor being required to return to site and remove all new litter/trash as well as all mowed litter/trash. Any papers, cans, or bottles cut or broken during maintenance operations shall be completely removed from the site immediately prior to proceeding with the maintenance of other areas. All trash and litter shall be disposed of by the Contractor at an off -site location procured by the Contractor at his/her sole expense. 9.6 Contractor shall maintain sharp blades on all mowing equipment so as to cleanly cut, not tear, the blades of grass. All grass shall be cut at a height of four (4) inches. Upon completion, a mowed area shall be free of clumped grass cuttings and tire tracks and ruts from equipment. Turf shall be cut in a manner so as not to scalp turf or leave areas of uncut grass. Care shall be taken to prevent discharge of grass clippings onto any paved surface such as streets, curbs and gutters, parking lots, sidewalks, concrete pads, creeks, lakes or ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 18 of 37 ponds and/or onto adjacent properties. Any material so discharged shall be removed prior to leaving the project area. The Contractor shall dispose of all trash and litter at an off -site location procured by the Contractor at her/ his sole cost and expense. 9.6.1 All structures, trees, poles, tables, signs, fences, and shrub beds are to be trimmed closely, where applicable. Special care shall be given to trimming around trees so as not to inflict damage to the bark of the trees. Trim guards should be used on line trimmers when working around trees and ornamental shrubs. All trimming shall be accomplished maintaining the required 2" or 3" cutting height depending on project area and cycle frequency. ALL TRIMMING MUST BE ACCOMPLISHED CONCURRENTLY WITH MOWING OPERATIONS. Trimming can be reduced by chemical edging, with prior written approval of the Contract Administrator. 9.6.2 All vegetation in cracks, seams, and joints of paved areas such as sidewalks, curbs, gutters two (2) feet out from the curb, and driveways shall be cut down to the pavement surface during the completion of each mowing cycle, where applicable. The use of herbicides to control such growth may be permitted with the prior written approval of the Contract Administrator and in accordance with all applicable State laws and regulations. 10.0 TREE DAMAGE ASSESMENT 10.1 The Contract Administrator will conduct random checks of the trees during the Agreement period. 10.2 A check of all trees shall be made at the end of the contract period. City Forester, Contract Administrator, and Contractor will attend the inspection. 10.3 Damages shall be documented by memo to the City Forester with copy to contract file and the Contractor. 10.4 Contractor shall have the option of replacement or payment for severely damaged trees at a location to be designated by Code. Replacement shall be made on caliber inch per caliper inch basis with a minimum size of replacement tree of 2" in caliper. The Contractor shall be responsible for the planting, watering, mulching and maintenance of replacement trees for a period of not less than two (2) years. Any tree that does not survive the two (2) year established period shall be compensated for by the Contractor to Code a rate of $200.00 per caliper. 10.5 Damages shall be assessed at a rate of: $100.00 for each instance of slight damage to tree(s), this is damage that may heal; examples include but are not limited to scaling of the trunk into the cambial layer'/z" to 2" in width but less than 1/3 trunk circumference or breaking of limbs less than 2" in diameter or limbs less than 1/3 trunk caliper whichever is less; $300.00 for each instance of moderate damage to tree(s) which in the opinion of the City Forester contribute to the poor health and reduced longevity of the tree examples would include but are not limited to scaling of the trunk into the cambial layer greater than 2" but less than 1/3 the trunk circumference or breaking of limbs more than 2" in diameter but less than 1/3 caliper. Severe damage or removal of trees is subject to penalty of $200.00 per diameter inch of trees removed or damaged for trees less than 30" $400.00 per diameter inch of trees greater than 30". Severe damage or removal shall include but is not limited to scaring of the trunk to the cambial layer greater than 1/3 the trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch greater than 1/3 of trunk caliper. 10.6 Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back to according to American National Standards Institute (ANSI) standards. Trees greater than 6" in caliper shall be measured using diameter at breast ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 19 of 37 height (DBH). In addition to any penalties or damages assessed by Parks and Recreation Department (PARD), trees severely damaged or removed shall also be subject to fines and penalties of the Tree 10.7 Conservation Ordinance of the Fort Worth Zoning Code. Trees that must be removed due to damage caused by the Contractor shall be removed by the Forestry Section Tree Removal Contractor at the Mowing Contractor's expense. 10.8 Failure to replace or pay for damaged trees shall result in a breach of contract and the Contractor will be automatically assessed damages. Damages as described herein shall be deducted from payments otherwise due to the Contractor. 11.0 REMOVAL OF GRASS CLIPPINGS Removal of cut grass from turf areas will not be required, unless otherwise specified by the Contract Administrator. Cut grass and debris that falls or is thrown by equipment upon the pavement, streets, curb, gutter, sidewalks, or adjacent properties through the action of the crew shall be removed prior to leaving the project area. 12.0 EQUIPMENT REQUIREMENTS 12.1 The Contractor shall have available all equipment listed in Part 2, Section 5.1.3, and material upon arrival at job site or prove that Contractor has access to all equipment necessary to perform all work outlined in this Agreement. Failure to do so is cause for rejection of a bid and/or breach of contract. 12.2 All equipment shall be in good repair at all times and be operated by a responsible employee. 13.0 DELIVERY AND PERFORMANCE 13.1 Upon issuance of a work order, the Contractor shall begin work and shall proceed with all reasonable dispatch to complete the work order (Reference Section 15.2). The Contractor shall maintain the same schedule as the one submitted to the Contract Administrator at the beginning of the mowing season. 13.2 The Contractor shall be required to maintain all project areas assigned during the maintenance cycles for each project area. 13.3 Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Contractor's obligation with respect to such performance shall continue in full force and effect. 13.4 The Contract Administrator has the authority to cancel scheduled mowing cycles on a week -to -week basis. The cancellation will be based upon need, prevailing weather conditions and available funding. 13.5 The Contractor shall be notified of any cancellations. The City reserves the right to perform grounds maintenance operations during canceled cycles. 13.6 Contractors may be required to return to maintain specific locations during canceled cycles or after regular season mowing has ended. Any such call back work shall begin within two (2) working days of the request to perform work and shall be within 48 hours. ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 20 of 37 14.0 MAINTENANCE SCHEDULE AND LIQUIDATED DAMAGES 14.1 Failure on the part of the Contractor to maintain the required maintenance schedule or meet contract specifications may result in liquidated damages. assessment may be as much as two hundred fifty dollars ($250.00) per day in liquidated damages for incomplete work in the project area; until all work is completed (liquidated damages shall not exceed the total dollars for the incomplete project location, per cycle). 14.2 Liquidated damages shall be on the specific area(s) that were not completed and identified by the Contract Administrator. The Contractor shall have 48 hours to complete the missed areas after Administrator notification before liquidated damages are assessed. 14.3 Contractor should have 48 hours to complete an area after notice to proceed is issued by the Contract Administrator. 14.4 FAILURE TO MEET THE CONTRACT REQUIREMENTS ON MORE THAN ONE OCCASION WITHIN THE SPECIFIED MAINTENANCE SCHEDULE MAY RESULT IN THE TERMINATION OF THE CONTRACT. 15.0 WORK ORDERS REQUIREMENTS 15.1 A work order will consist of a written document specifying the type of work. Contractor name, project area, maintenance cycle, beginning and ending date, and comments. A work order is issued on the beginning date of each mowing cycle. The Contractor shall not begin work on the project area until a work order is received. The work order shall be considered complete when all work in the project area has been inspected and approved by the Contract Administrator. Both the Contract Administrator and Contractor indicating agreement with the information on the work order including any comments noted by the Contract Administrator will then sign the work order. The completed work order sheets shall be attached to the monthly invoices verifying work performed. It is mandatory that all work orders be signed after completion of each cycle before a new work order may be issued. Failure to obtain a work order prior to beginning a maintenance cycle can result in non- payment for work performed. 15.2 Upon issuance of a work order, the Contractor shall begin work within three (3) work days of submitted schedule or receipt of additional work orders and shall proceed with all reasonable dispatch to complete work within three (3) work days of submitted schedule or receipt of additional work orders. A work day is defined as Monday through Friday. The Contractor shall maintain the same schedule as the one submitted to the Contract Administrator at the beginning of the mowing season. The Contractor will be required to maintain all project areas assigned during the maintenance cycles for each project area. Inclement weather may result in the cancellation of a mowing cycle, only if the Contract Administrator determines that there was an insufficient time period available during the mowing cycle for the services to be performed. The Contractor may be required to return to maintain specific locations due to incomplete work. Any such call back must be completed within two (2) calendar days of the request. Failure to do so will result in non-payment of the service area. Repeated failure to do so may result in liquidated damages and contract termination. It shall be presumed that the Contractor can perform said services at the minimum rate of 25 acres per day per project area. 15.3 The Contractor must use the most recent format or version of the completion sheet provided by the Contractor Administrator at all times. Contractor will not be paid for completions submitted on any other format or version of the completion sheet. Completion sheet shall consist of a written document, specifying the type of work, Contractor's name, project area, maintenance cycle, beginning and end dates, and completion date. ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 21 of 37 15.4 The Contractor shall not begin work on the project area until a work order is received. Failure to obtain a work order prior to beginning a maintenance cycle can result in non- payment for work performed. 15.5 The Contractor shall submit each day's completions that are ready for inspection on the work order to the Contract Administrator within the first regular work day after the maintenance is completed. Failure to contact the assigned Contract Administrator on the next regular work day after work is completed on an area can result in liquidated damages and may lead to the termination of the Agreement. 15.6 The work order shall be a considered complete when all work in the project area has been inspected and approved by the Contract Administrator. 15.7 Failure to submit a completion sheet or obtain approval for any delay from the assigned Contract Administrator on the next regular work day after work is completed may result in the Contractor not being paid for the work. 15.8 Failure to complete work in accordance with the approved schedule and/or submit the completion sheets within required timeframes may result in liquidated damages and/or contract termination 16.0 STREET USE PERMIT 16.1 The Contractor will be required to obtain a "Street Use Permit" prior to starting work. Contact Charles McLure at (817) 392-7219 for further instructions. 16.2 The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Street and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways"' codified as Article 6701 d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31.16.3. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required maintenance, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division at phone number (817) 392-7738, to remove the sign. 16.3 In the case of regulatory signs, the Contractor must replace the permanent sign with temporary sign meeting the requirement of the above reference manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall not be left in place until the temporary sign requirements are met. When work is completed to the extent that the permanent sign can be re -installed, the Contractor shall again contact the Signs and Markings Division to re -install the permanent sign and shall leave the temporary sign in place until such re -installation is completed 17.0 INSPECTION AND ACCEPTANCE 17.1 Contract Administrator will be responsible for making inspections, monitoring the Contractor's activities and ensuring the work is performed in accordance with the Agreement specifications. The Contract Administrator shall record, process and submit all pertinent information to the Agreement file for determination of termination of Agreement or for non- renewal. Copies of documents related to inadequate performance will be submitted to the Purchasing Division. ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 22 of 37 17.2 In the event the Contractor fails to perform according to the terms of this Agreement, the Contract Administrator will notify the Contractor, in writing, of its failures. A meeting may be arranged to discuss the Contractor's deficiencies. A written cure notice will be prepared giving the Contractor ten (10) calendar days to cure any deficiency. In the event the Contractor continues with unsatisfactory performance, the Contract Administrator will promptly notify the Buyer of record or the Purchasing Division or his/her designee who will take appropriate action to cure the performance problem(s), which could include cancellation, termination for convenience or default. 17.3 The City reserves the right to terminate this Agreement, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Payment to the Contractor will be based on actual quantities of work performed and accepted by the City. 18.0 INVOICING SCHEDULE 18.1 On or before the 10th day of each month of this Agreement, the Vendor will provide the City with a signed fee invoice summarizing the portion of the Services that have been completed during the prior month and any additional visits that have been incurred during the prior month. 18.1.1 Litter pick up charges must remain separate from mowing charges incurred. Invoices shall be detailed and include contract pricing for all services. 18.2 Litter pick up charges must remain separate from mowing charges incurred. Invoices shall be detailed and include contract pricing for all services. 18.3 Unpaid invoices and/or appeals for service performed throughout the fiscal year (October 1 - September 30) must be resolved within 30 days of the City's new fiscal year. No previous year invoices will be paid after October 30th of the current year. 18.4 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 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. 19.0 LAWS. REGULATIONS. AND ORDINANCES 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. 20.0 INVOICING REQUIREMENTS 20.1 The City of Fort Worth has begun implementing an automated invoicing system. 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. ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 23 of 37 20.2 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, Inc._123456_FW013- 0000001234) 20.3 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. • 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; • Unit and total cost; and • Invoices should be submitted after delivery of the goods or services. 20.4 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 suoolierinvoices(@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 anfortworthtexas.gov. 20.5 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. 20.6 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 20.7 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. 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. 20.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. 21.0 UNIT PRICE ADJUSTMENT 21.1 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. ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 24 of 37 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. 21.2 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. 21.3 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. 21.4 The Vendor must submit its Price Adjustment request, in writing, at least 60 days before the effective period (1st day of a new quarter). The Vendor must provide all Price Adjustment Justification, as defined above, at the time of its request for a Price Adjustment. 21.5 If the City, in its sole discretion, concludes that the requested Price Adjustment is unreasonable or not fully supported by adequate Price Adjustment Justification, the City reserves the right to adjust the rate increase, or reject the requested Price Adjustment in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to accept a requested Price Adjustment, the Purchasing Division may issue a new solicitation. 21.6 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. 21.7 Upon expiration of the Agreement term the successful bidder, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the City to re -bid an Agreement, not to exceed ninety (90) days. Vendor will be reimbursed for this service at the prior Agreement rate(s). Vendor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. 21.8 Delivery of goods and/or services shall not be suspended by the Vendor without a 30-day prior written notice to the Sr. Purchasing Manager. 21.9 Only Published price changes will be accepted. Prices that were in effect at the time of order placement shall take precedence. 22.0 INSURANCE REQUIREMENTS -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 this solicitation, and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof. 23.0 PERFORMANCE - Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect. 24.0 SUBCONTRACTING - No subcontracting of the work under this contract will be allowed without written permission from the City. 25.0 HAZARDOUS CONDITIONS 25.1 The Vendor is required to notify the City immediately of any hazardous ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 25 of 37 conditions and/or damage to any property. 25.2 Hazardous materials shall be handled with care and workers shall wear Personal Protective Equipment (PPE) while handling hazardous material. If there are questions regarding how to dispose of materials, the Contractor shall contact City of Fort Worth Code Compliance at 817- 392-1234. 26.0 CONTRACT ADMINISTRATION AND TERMINATION 26.1 Contract administration will be performed by the City Department. In the event the Vendor fails to perform according to the terms of the agreement, The Department head or his/her designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. 26.2 In the event the Vendor continues with unsatisfactory performance, the department will promptly notify the Sr. Purchasing Manager who will take appropriate action to cure the performance problem(s), which could include cancellation, termination for convenience or default. If the agreement is terminated for default, the Vendor may be held liable for excess cost and/or liquidated damages. 26.3 The Vendor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City. 26.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole convenience. In the event of such termination, the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and 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. 27.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT If the Federal award meets the definition of "funding eCFR — Code of Federal Regulations agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 28.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 26 of 37 29.0 DEBARMENT AND SUSPENSION Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 30.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 13521 30.1 Firms that apply or bid for an award exceeding $100,000.00 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 30.2 Bidders shall provide proof of Byrd Anti -Lobbying Amendment certification filings with their bid, if the bid exceeds $100,000.00. 31.0 NO BOYCOTT 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" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 32.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES 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. 33.0 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 that is to be paid ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 27 of 37 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. ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 28 of 37 ATTACHMENT - A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Contractor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the #7 box in all cases. ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 29 of 37 CONFLICT OF INTEREST SUE TIONNAIRE For vendor doing bus Inz?ss with local cgowrrtltl>lentaI Pnflty 17ris questionnaire reflects changes made ro the law by KB. 23, S41111 Leg., Ffegutar Session OFFICE USE ONLY This gwstirmnaire is neir-g filed ir, acwrdance wish Ctraplat 17.6, Local Government Cade, aY a verdor who [3a, REee,te, has a business relwicnship as deFingd by Section 176-001(1 al with a bcal govGfnmgntal entity and the vendx mgets requirements under Section -o46(a]- By By law ills questiannairo must be filed wish the recorch administrator of the Ioxaf gwiamffmntat eamtity not leier than the 7th business day afbx the dale lho vendor becomes aware of fads that Fequae the auu9mgnt io bg filed. Sae Section 176-uWa-1}. Laeal Govemment Goik?- A vendor commis en flllonset ii the verudor knowirgy viotiE g Section 17n.0o6, Local Government Code- An O#gnse --.ndar Iris section is a aisdameanor- 11 of vendor who has a lxusirxms relationship with lacyI governmental tintity. J El Check this box ityou are filing an update taapreviously filed quesGonnaira, tote lalu requires iha[you hlg an updated completed questiotnaire witn time appropriate filing authority not later than the 7th business day after the date on which y m became awar$ that tha originally fled questionnaire was incomplete or inaccurate.) J Narne of local government officer about whom the information is being disclosed. Name of Officer J t]escribeeac#6timployrnem or other business relationstripwith the local gougmment officer. or a famRy ntiember of the officer,asdescrit:edbySectionl76.01)Naj(2)(A). Also describe any family relationship with the local govemrnentofficer. Co mplete subparts A a nd B for each employment or busi ness relationship dawri bed. Attar h additional pages I o this Fo rm CIO as necessary. A. Is She local government officer or a family member ;,f rie officar receiving orlikely to rgceiwa taxable income, otho,r than investment income, from the vendor? Yes = No B- Is tiro vendor racoie ing ar I ikely to receive taxablo :ncorrme, other than irwestment irrcome, from or at the direction Of the IacaJ gaagrnriment officer or a larn7y memberIf the a3fficerAf+fE3 the taxabbg income is not received from the Iaoal governmental erttity7 F—]Yas =No J ooscril}e each emp loym ent o r business reltitionship th at the vendor narr6&d In Section 1 maintains wil h a corporation or other business entity with respecr to which the local government officer serves as an officer or director, or holds an ownership interest of one perc¢nt or more. J ❑ Check this boot if fhe wendor has giwon the local government officor or a family memtter of the officer ane or more gifts as descrbed in Section 176.003(a)(2)(El�, exdWing gifts described in SaGliDn 176-003(a-1)- 7 1 S4nigti or very doing business witli MG goverrarrental affW pate Form pruvidgd by TefAas Ethics Cowrrimson www-ethics.state-tx.uS Revised VVM21 ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 30 of 37 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Cade may be found at hitpJAlrvww. statutes_legis_state_N _us; Docs+Wdhtrn+LCL 176.him. For easy reference, below are some of the sections cited on [his form_ Local Government Cade A 176.001I1-a}: "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties_ The term does not include a connection based on: (A) atransaction that is subject to rate or fee regulation by a federal, state, or local governmentaf entity or an agency of a federal, stale, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the publi c; or {C) a purchase of lease of goads or services from a person that is chartered by a state or federal agency and that is subject to regu tar exam i nation by, and reporting to, that agency. Local Goveminenl Cade 4176.00C3 V2NA)and (M- {a) A local government officer shall file a conflicts disclosure s€ate mant w ah respecf to avendor if: (2) thevendor: (A) has an employment or Dtherbusiness relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income. that exceeds $2.500 during the t2-month period preceding the date that the off ic er becomes aware thaf (i ) a contract between the local g cvern rtterital entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor: (D) has given to the local government officer or a family member of the officerone or more gifts that have anaggregaievalue of more than $100 in the 12-month period preceding the date the officer becomes aware that: (f) a contract tNMween the local governmental entity and vendorhas been exec uteri; or (ii) the local governmental entity is considering entering into a contract with the vendor_ Local Government Code 417I3.Mal and to-11 (a) Avendor shall the a completed conflict of interest questionnaire if the vendor has a Business relationship with a local govern mensal entity and- (1) has an employment or other business relationship with a local government officer of that local governmental entity, or afamily member of the officer. described by Section 176_003(a)(2)(A); (2) has given a local government ufffcer of that local govern mental entity, or a family member of the officer. one or more gins with the aggregate value specified by Section 176.003(a){2)(D), excludi ng any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity- {a- 1j The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (f) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application_ response to a request forproposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; of (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (13} that the vendor has g iven fine or more gifts d escribW by Subsection (a), or (C) of a family relationsh ip with a local government officer_ Farm provided by Texas Dhics Coannssian mvw.ethimcs.state.u.us Fbevsred 111=1 ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 31 of 37 ATTACHMENT - B REFERENCE SHEET Reference list of a minimum of three (3) current customers (comparable in size) who the bidder has recently provided mowing services on a continuing basis over a two (2) year period. The City of Fort Worth may be used as one (1) of the references. The City will be the sole judge of references. Please use additional sheets if necessary. 1. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number Email 2 Cl Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number Email Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number Email ( ) Fax Number( ) ( ) Fax Number( ) ( ) Fax Number( ) ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 32 of 37 ATTACHMENT - C VENDOR CONTACT INFORMATION Vendor's Name: Vendor's Local Address: Phone: Fax: Email: Name of persons to contact when requesting services or billing questions: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Will your company accept P-card payments? yes no Signature Printed Name Date ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 33 of 37 ATTACHMENT - D BIDDER'S QUALIFICATION QUESTIONNAIRE 1. Has the Contractor ever defaulted on a Contract? Yes No 2. Are there currently any pending judgements, claims, or lawsuits against the Bidder? Yes No 3. Does Bidder currently have any pending claims, judgements or lawsuits against any prior client? Yes No 4. Is the Bidder or its principals involved in any bankruptcy or reorganization proceedings? Yes No If Bidder answers "Yes" for any of questions 2 through 4, Bidder must attach separate sheets with a brief description or explanation of the answer and provide pertinent contact information (parties' names, addresses and telephone numbers. 5. Number of years in business: Years 6. Does the Bidder have a minimum of three (3) years of experience providing services similar or related to the scope of services? Yes No 7. Is the Bidder able to fulfill the work order requirements stated in Part 2, Section 15.0, Page 21? Yes No 8. Is the Bidder able to fulfill the grounds maintenance requirements stated in Part 2, Section 9.0, Page18? Yes No 9. List materials, tools and equipment necessary to perform mowing and trash pick-up services as specified in Part 1, Section 14.2.7, Page 8. (Please attach in separate document and submit with bid) 10. List the number of personnel (and respective positions) available to perform mowing and trash pick-up services. ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 34 of 37 ATTACHMENT E — CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas. Do you have a Fort Worth office? If yes, identify address: What percentage of estimated gross company sales Worth? "Originating in Fort Worth" shall mean payable 50%] 2. Economic Development opportunities resulting from contract. Number of Fort Worth resident -employees? (worldwide) are sales originating in Fort at the Fort Worth office. [must exceed Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by company (for prior tax year — Fort Worth office or former location, if Fort Worth office is newly - established)? Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. (Company Name) (Date) (Signature) (Printed Name and Title) ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 35 of 37 ATTACHMENT F — DOCUMENT CHECKLIST *Bidder shall complete the below to aid in responsiveness* Refer to Part 1, Section 14.2 for more information on the below required documents. Reauired Documents Document Attached? Yes/No Page Number(s) of Answering No to the below can Bid Response result in the bid being deemed *Bidder will need to nonresponsive* number each page of their bid* A completed and signed Bid Submission Signature Page A completed Price Submittal Attachment A - Conflict of Interest Questionnaire Attachment B — Reference list of a minimum of three (3) current customers (comparable in size) who the bidder has recently provided mowing services on a continuing basis over a two (2) year period. The City of Fort Worth may be used as one (1) of the references. Attachment C - Vendor Contact Information Attachment D — Bidders Qualification Questionnaire Attachment E — Consideration of Location of Bidder's Principal Place of Business (if applicable) Attachment F - Document Checklist List materials, tools and equipment necessary to perform services as specified in Part 1, Section 14.2.7, Page 7. ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 36 of 37 ATTACHMENT G — DRAFT SERVICE AGREEMENT The draft service agreement is attached as a separate document. EXHIBIT A — MOWING AND TRASH PICK-UP AREA MAPS The mowing and trash pick-up area maps are attached as a separate document. ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 37 of 37 F EXHIBIT D: �- CONTRACTOR'S BID RESPONSE TO CITY ITB No.23-0057 COVER PAGE Event ID Page ` Invited: EVENT DETAILS rn-10: ti c cue 7 i Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITPTI--30 & I-35 Mowing and T-rash Pick-up services 200 Texas St. (Lower Level Rm 1501) Start Time Finish Time Fort Worth TX 76102-6314 04/05/2023 08:00:00 CDT 04/20/2023 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth is seeking bids for mowing and trash pick-up services for the Code Compliance Department. All items shall be bid per attached specification. Submission Requirements and Deadlines All companies/individuals wishing to do business with the City of Fort Worth must register as a vendor through the PeopleSoft Supplier Portal. Please visit:https://www.fortworthtexas.gov/departments/finance/purchasing/register for more information. Assigned Buyer: LaXita Slack -Johnson PREBID CONFERENCE - A pre -bid conference will be held in -person at City Hall and via Webex on Wednesday, April 12, 2023 at 3:OOPM (Local Time). Attendance at pre -bid conferences are not mandatory, but strongly encouraged. In -Person Address: City of Fort Worth- City Hall,200 Texas St.,Fort Worth, TX 76102 Located in the Development Services Conference Room on the Lower Level at the North end of the building, across from the elevator. Webex: Meeting Phone Number: 1-469-210-7159 Meeting Log In: 2553 548 7683 Meeting Password: UWsZgvgM973 Meeting Link: https://fortworthtexas.webex.com/fortworthtexas/j.php?MTID=m4l9e8fdla48dd3c6b7f2a38e4l l547ea Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this solicitation. Completed Bids including one executed original and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., April 20, 2023, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Sr. Purchasing Manager. YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address:City of Fort Worth, Purchasing Division, Lower Level, City Hall, 200 Texas Street, Fort Worth, Texas 76102 Bids delivered by special courier (i.e. Federal Express, Special Delivery etc.) are to be marked on the outside of the courier's shipping envelope "BID No. 23-0057, ITB 1-30 & 1-35 Mowing and Trash Pickup Services "AND MUSTBE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed; they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms, conditions and scope/specifications contained this document. The period for acceptance of this bid will be 120 calendar days after the bid opening date Solicitation Documents: Cover Page Bid Submission Signature Page** Price Submittal ** Part 1 Instructions Part 2 Detailed Specification Attachment A - Conflict of Interest Disclosure** Attachment B - Reference Sheet** Attachment C - Vendor Contact Information** Attachment D - Bidder Qualification Questionnaire** Attachment E - Consideration of Location of Bidder's Principal Place of Business**(if applicable) Attachment F - Document Checklist** Attachment G - Draft Services Agreement Exhibit A- Mowing and Trash Pick-up Area Maps ** Required to be completed and submitted. See Section 14.0, Part 1 for all required documents that need to be submitted. Failure to submit all items will be grounds for rejection of a bid as non -responsive to specifications. FORT WORTH® PRICE SUBMITTAL Event ID Page Invited: EVENT DETAILS CFW01-23-0057 2 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITB I-30 & I-35 Mowina and Trash Pick-up Services 200 Texas St. (Lower Level Rm 1501) Start Time Finish Time Fort Worth TX 76102-6314 04/05/2023 08:00:00 CDT 04/20/2023 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by submitting and signing below, acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference, and agrees to be bound by the terms therein. Company Name: C, ` iti l C� w /� Company Address: � (1 \1 Wv\A ,f\ AV-e City, State, Zip: MAV\ T-. -) L(P G Vendor Registration No. Printed Name of Officer or Authorized Representative: Cu n t-I5 Title: 0 ) -,,2 d` Signature of Officer or Authorized Representative: Date: I rs I� vvv Email Address: ,Cu r��5� a,`',M6Vj. CUrV-N Phone Number: ?,6 (D tot ( � � `i Federal Identification Number (FID): SA v� q 5 Will agreement be available for Cooperative Agreement Use? Yes-)�No ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 2 of 37 FORT WORTH PRICE SUBMITTAL Event ID Page CFWO1-23-0057 3 Event Round Version 1 1 Event Name ITB I-30 & I-35 Mowina and Trash Pick-up Services Start Time Finish Time 04/05/2023 08:00:00 CDT 04/20/2023 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 1501) Fort Worth TX 76102-6314 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description: Qtv Unit UnitPrice Total Grounds maintenance, Camp Bowie Sections 1-27 3.00 EA p Line: 2 Description: Qtv Unit UnitPrice Total Grounds maintenance, University Sections 1-27 3.00 EA Line: 3 Description: Qtv Unit UnitPrice Total Grounds maintenance, Forest Park Sections 1-31 3.00 EA *.©on yobc) Line: 4 Description: Qtv Unit UnitPrice Total Grounds maintenance, Lancaster Sections 1- 46 3.00 EA �500 �-55b� Line: 5 Description: Qtv Unit UnitPrice Total Grounds maintenance, Henderson Sections 1 - 30 3.00 EA � I 0 0 15 3 z> v Line: 6 Description: Qtv Unit UnitPrice Total Grounds Maintenance, Hattie/ Jessamine Sections 1 - 37 3.00 EA Line: 7 Description: Qtv Unit UnitPrice Total Litter/trash removal biweekly from 13.00 EA Camp Bowie - Sections 1 - 27 1 l Line: 8 Description: Qtv Unit UnitPrice Total Litter/trash removal biweekly from 13.00 EA University West - Sections 1- 27 9- I v d 3,D V ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services 3 Page 3 of 37 FORT WORTH. PRICE SUBMITTAL Event ID Page CFWO1-23-0057 4 Event Round Version 1 1 Event Name ITB I-30 & I-35 Mowinq and Trash Pick-up Services Start Time Finish Time 04/05/2023 08:00:00 CDT 04/20/2023 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 1501) Fort Worth TX 76102-6314 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Description: Qty Unit UnitPrice Total Litter/trash removal biweekly from 13.00 EA Forest Park - Sections 1- 31 50 `l Line: 10 Description: Qtv Unit UnitPrice Total Litter/trash removal biweekly 13.00 EA from Lancaster - Sections 1- 46 J a I G 3 s 3 Line: 11 Description: Qtv Unit UnitPrice Total Litter/trash removal biweekly from 13.00 EA Hattie Jessamine - Sections 1- 37 g c)o I I l Line: 12 Description: Qtv Unit UnitPrice Total Litter/trash removal biweekly from 13.00 EA Henderson - Sections 1 - 30 ` 0 �� 6 Line: 13 Description: Qtv Unit UnitPrice Total Litter trash removal per linear ft. 13.00 EA Line: 14 Description: Qtv Unit UnitPrice Total Grounds Maintenance mowing per acreage 3.00 EA Line: 15 Description: Qtv Unit UnitPrice Total Litter trash removal per acreage 13.00 EA V V Total Bid Amount: Prompt Payment Discount Terms: 0_Percent _� Days (i.e. 3% Net 15, etc.)" A bid of "0" (zero) will be interpreted by the City as a no -charge (free) item and the City will not expect to pay for that item. A bid of "no bid" or no response (space left blank) will be interpreted by the City that the Bidder does not wish to bid on that item. ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 4 of 37 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, Bath Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Govemment Code, by a vendor who Date Recero-d has a business relationship as defined by Section 176_001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a)_ By law this questionnaire mint be filed with the records administrator of the local governinantal entity not later than the , ffi business day after the date the vendor becomes aware of facts that require the statement to be Mod- Sae Section 176_006(a-i), Local Government Code_ A vandor commits an offense if the vendor knowingly violates Section 17 6.o06, Local-Govemment Cade_ An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. L�-T- 46 ✓k1 J Check this box iiyou am filing an update to a previously filed questionnaire_ (The law requires that you file an updates completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Narne of local government officer about whotri the information is being disclosed. r'7 Name of Officer J Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 175.003(a)(2)(A)_ Also describe any family relationship with the local government officer Complete subparts A and B for each employment or business relationship described_ Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income. from the vendor? Yes F--] N 0 B. Is tht vendor receiving or likely to receive taxable income, other than investment income. from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes a No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one /percent or more. /v 61 ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as desenbed in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J qhS h-3 -signature of vender doing tausr r naa the govemntat entity I Daya/ Form provided by Texas Ethics Comnssion / vww_ethics.state_tx.us r2emsed 111.2021 ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 30 of 37 REFERENCES Company Name City of Fort Worth Water Production Current Contract 6 Years Yearly Revenue $850K Name of Contact Kenny Wilson Title of Contact Superintendent Present Address 1608 11th Avenue City, State, Zip Fort Worth, TX 76102 Phone Number 817-475-6643 Email Kenny.Wilson@fortworthtexas.gov Company Name City of Fort Parks and Recreation Current Contract 6 Years Yearly Revenue $1.3m Name of Contact Chris Swindle Title of Contact Contract Manager Present Address 4200 S. Freeway - Suite 2200 City, State, Zip Fort Worth, TX 76115 Phone Number 817-392-5741 Email Christopher.swindle@fortworthtexas.gov Company Name SPM Oil & Gas Current Contract 2 Years Yearly Revenue $320K Name of Contact Kendell Moffit Title of Contact Supervisor Present Address 601 Weir Way City, State, Zip White Settlement, TX 76108 Phone Number 817-248-2671 Email kendell.moffitt@spmoilandgas.com Company Name City of Euless Parks and Recreation Current Contract 4 Years Yearly Revenue $305k Name of Contact Ryan Turner Title of Contact Supervisor Present Address 1314 Royal Parkway City, State, Zip Euless, TX 76040 Phone Number 817-996-2530 Email RHTurner@eulesstx.gov GI -Mow Curtis Kinsey (817)675-0106 Curtis(d.GI-Mow.com 6 ATTACHMENT - C VENDOR CONTACT INFORMATION Vendor's Name: C(IA") Vendor's Local Address: kV e Phone: Fax: Email: CUf,V,, �1-mow ,V,� Name of person� to contact when requesting service or billing questions: Namelfitle ry01C`k '*-,,-5� / �LK�C� �� Clnic�T Phone: 9 0- �, 7 f7' O l n (0 \\ Fax: Email: 4e--� (�1-AM6w , co AA Name/Title Lk-2- 5 AO C2 Ad- +n0-�CT Phone: I� 7 - �II� �111 % Fax: Email: ��a 5 hods �s ' Mdki CrD'h 5 Name/Title Phone: Fax: Email: Will your company accept P-card payments? yes 11-1 no q 11 473 Signature Printed Name Date ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 33 of 37 ATTACHMENT -D BIDDER'S QUALIFICATION QUESTIONNAIRE 1. Has the Contractor ever defaulted on a Contract? es 'V 0 2. Are there currently any pending judgements, claims, or lawsuits against the Bidder? 'es No 3. Does Bidder currently have any pending claims, judgements or lawsuits against any prior client? Yes No 4. Is the Bidder or its principals involved in any bankruptcy or reorganization proceedings? Yes No If Bidder answers "Yes" for any of questions 2 through 4, Bidder must attach separate sheets with a brief description or explanation of the answer and provide pertinent contact information (parties' names, addresses and telephone numbers. 5. Number of years in business: Years 6. Does the Bidder have a minimum of three (3) years of experience providing services similar or related to the scope of services? es No 7. Ike Bidder able to fulfill the work order requirements stated in Part 2, Section 15.0, Page 21? es No 8. Is the Bidder able to fulfill the grounds maintenance requirements stated in Part 2, Section 9.0, PNa 18? Yes 0 9. List materials, tools and equipment necessary to perform mowing and trash pick-up services as specified in Part 1 Section 14.2.7, Page 8. (Please attach in separate document and submit with bid �� 10. List the number of personnel (and respective positions) available to perform mowing and trash pick-up services. a O 2pAIp oa ee-S ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 34 of 37 ATTACHMENT E — CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas. Do you `` have a Fort Worth office? If yes, identify address: 1v 7 What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed 50%] q b 1� 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident -employees? b. Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by company (for prior tax year — Fort Worth office or former location, if Fort Worth office is newly - established)? 0 Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. G -1- M 0 c),1 q',� Jj� (Company Name) \ (Date) Curi (Signature) (Printed Name'and Title) (� ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services `"l` Page 35 of 37 ATTACHMENT F — DOCUMENT CHECKLIST *Bidder shall complete the below to aid in responsiveness* Refer to Part 1, Section 14.2 for more information on the below required documents. A completed and signed Bid Submission Signature Page A completed Price Submittal Attachment A - Conflict of Interest Questionnaire Attachment B — Reference list of a minimum of three (3) current customers (comparable in size) who the bidder has recently provided mowing services on a continuing basis over a two (2) year period. The City of Fort Worth may be used as one (1) of the references. Attachment C - Vendor Contact Information Attachment D — Bidders Qualification Questionnaire Attachment E — Consideration of Location of Bidder's Principal Place of Business (if applicable) Attachment F - Document Checklist List materials, tools and equipment necessary to perform services as specified in Part 1, Section 14.2.7, Page 7. Document Attached? Yes/No Page Number(s) of Answering No to the below can Bid Response result in the bid being deemed "Bidder will need to nonresponsive* number each page of their bid* i k�4, k� 5 yQ� � g y-0� i o 10 ITB 23-0057 1-30 & 1-35 Mowing and Trash Pick-up Services Page 36 of 37 GI -Mow TIN: 82-3593885 ■•��U�l►�i�i�i:��•'i�:��/1�`i Curtis Kinsey (817) 675-0106 www.Gi-Mow.com Curtis@GI-Mow.com EQUIPMENT LIST (Owned) Quantity Type of Equipment (8) 2022 Dodge Ram Pickup Trucks with trailers (2) 2020Exmark 96" Diesel (3) 2019 Exmark 72" Diesel (1) 2015 Ventrac with 84" contour deck and interchangeable 72" brush deck (1) 2018 Gravely 72": mulch kit (2) 2017 Exmark Lazer Z 60": mulch kit and turf tires (1) 2018 Gravely 52": mulch kit (2) 2017 Gravely Compact Pro 34": mulch kits and turf tires (1) 2008 Walker GHS Zero Turn 36": bagging kit and turf tires (2) 2016 Exmark Push Mower 21 ": bagging kits (2) 2015 Honda Push Mower 21 ": bagging kits (22) Stihl Weed Eaters/Edgers (14) Stihl BP Blowers (1) Scag 48" Windstorm Stand -on Blower (3) 2021 Exmark 72" Mower (1) 2015 Toro 11' Batwing Diesel (4) 2022 Altoz 71" zero turn brush deck FORTWORTH. ADDENDUM TO INVITATION TO BID 130 & 135 Mowing and Trash Pick -Up Services PURCHASING DIVISION ADDENDUM NO. 1 INVITATION TO BID (ITB): 23-0057 BID OPENING DATE: April 20, 2023 REVISED BID OPENING DATE: May 4, 2023 (CHANGED) DATE ISSUED: April 18, 2023 ITB No. 23-0057, issued April 5, 2023, is hereby amended as follows: 1. Bid opening date is changed from April 20, 2023 at 1:30 PM (Local Time) to May 4, 2023, at 1:30PM (Local Time). 2. Line Item 13 of the " Price Submittal', has changed to read "Litter trash removal per acreage. All bidders shall provide pricing for litter and trash removal per acreage". 3. Questions and Answers document is hereby incorporated, in full text, page 2 and 3 of this addendum. All other terms and conditions remain unchanged. LaKita Slack -Johnson Purchasing Buyer II ------------------------------------------------------------------------------- By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above referenced ITB. COMPANY NAME: J� I ' SIGNATURE: ��— NOTE: Company name and signs must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. EXHIBIT E VERIFICATION OF SIGNATURE AUTHORITY CIVILIAN DIVISION LLC DB/A GI -MOW 4170 WILLMAN AVE RICHLAND HILLS TX,76180 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Contractor and to execute any agreement, amendment or change order on behalf of Contractor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Contractor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Contractor. Contractor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Contractor. Name: Curtis Kinsey Position: Owner Cry-M kli see Curtis Kinsey (Jul 19, 202 1:22 CDT) Signature 2. Name: Position: Signature Name: Position: Signature Name: Curtis Kinsey Curtis Kinsey (Jul 19, 202 1:22 CDT) Signature of President / CEO Other Title: Date: July 19, 2023 Contractor Services Agreement Page 22 of 22 Civilian Division, LLC dba GI -MOW CITY COUNCIL AGENDA Create New From This M&C Official site of the City of Fort Worth, Texas Fo RT Wo Ri H REFERENCE **M&C 23- 13PITB 23-0057 1-30 & 1-35 DATE: 6/27/2023 NO.: 0597 LOG NAME: MOWING/TRASH PICK UP LSJ CODE CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 3, CD 7, CD 8 and CD 9) Authorize Execution of Purchase Agreement with Civilian Division, LLC dba GI -Mow for Interstate Highway 30 and Interstate Highway 35 Mowing and Trash Pickup in an Annual Amount Up to $209,430.00, for the Code Compliance Department RECOMMENDATION: It is recommended that the City Council authorize execution of a purchase agreement with Civilian Division, LLC dba GI -Mow for Interstate Highway 30 and Interstate Highway 35 mowing and trash pickup in an annual amount up to $209,430.00 and authorize four one-year renewal options for the Code Compliance Department. DISCUSSION: The Code Compliance Department approached the Purchasing Division to establish an annual agreement for mowing and trash pick-up of the green space adjacent Interstate Highway 30 (1-30) and Interstate Highway 35 (1-35). In order to procure these services, Purchasing issued Invitation to Bid (ITB) No. 23-0057 describing the requirements for mowing and trash pickup. The bid was advertised in the Fort Worth Star -Telegram for five (5) consecutive Wednesdays beginning April 5, 2023 through May 3, 2023.The City received four bids. However, upon evaluation, Leon's Landscape Services, LLC did not score at least 50\% or more of the total available points for technical criteria, therefore, they were not qualified to receive points for pricing. An evaluation panel consisting of representatives from the Code Compliance and Park and Recreation Departments reviewed and scored the submittals using Best Value criteria. The individual scores were averaged for each of the criteria and the final scores are listed in the table below. Bidders Civilian Division, LLC dba GI -Mow Lawn Patrol SRH Landscape Best Value Criteria: Evaluation a b c d Total 10 10.5 10 35 66 16 10 10 20 56 13.75 13 12 0 39 A) Contractor's References and Experience working with government/similar size organization B) Availability of resources to provide services (equipment) C) Availability of resources to provide services (personnel) D) Cost of service After evaluation, the panel concluded that Civilian Division, LLC dba GI -Mow presented the best value for the City. Therefore, the panel recommends that Council authorize an annual agreement with Civilian Division, LLC dba GI -Mow. No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendor bid met specifications. Funding is budgeted in the Code Compliance Department's rollup within the General Fund and Environmental Protection Fund. The maximum amount allowed under this agreement will be $209,430.00; however, the actual amount used will be based on the need of the department and available budget. DIVERSITYAND INCLUSION (DVIN): Awaiver 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, shall begin upon execution and expire one year from that date. RENEWAL OPTIONS: The contract may be renewed for up to four (4) one-year terms at the City's option. This action does not require specific City Council approval provided that 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. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget budget, as previously appropriated, in the General Fund and Environmental Protection Fund to support the approval of the above recommendation and execution of the purchase agreement. Prior to any expenditure being incurred, the Code Compliance Department has the responsibility to validate the availability of funds. BQN\\ Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund I Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS Reginald Zeno (8517) Valerie Washington (6192) Reginald Zeno (8517) Brandon Bennett (6322) Jo Ann Gunn (8525) Lakita Slack -Johnson (8314) 13PITB 23-0057 130 & 135 MOWING TRASH PICKUP.docx (Public) Copy of FID BU23 1-30 1-35 mowing_(1).xlsx (CFW Internal) Form 1295 -Civilian Division. LLC.pdf (CFW Internal) Reauest for Waiver BU23 1-35 1-30 mowina,pdf (CFW Internal) Sams Report Civilian Division DBA GI Mow.pdf (CFW Internal)