HomeMy WebLinkAboutContract 62053City Secretary Contract No. _____________
Vendor Services Agreement Page 1 of 23
VENDOR SERVICES AGREEMENT
________________________________________________________________________________
This VENDOR SERVICES AGREEMENT (“Agreement”) is made and entered into by and
between the CITY OF FORT WORTH (“City”), a Texas home rule municipal corporation and
L.A.T.E. , LLC dba Superior Landcare (“Vendor”), a for profit company, 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 Vendor Services Agreement;
2. Exhibit A – Scope of Services;
3. Exhibit B – Price Schedule; and
4. Exhibit C – Verification of Signature Authority Form.
Exhibits A, B and C, which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and
the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement
shall control.
1. Scope of Services. Vendor shall provide all necessary labor, material, and equipment to provide
flowerbed maintenance and push mowing at Fort Worth Meacham International Airport. Exhibit “A,” -
Scope of Services more specifically describes the services to be provided hereunder.
2. Term. This Agreement shall begin upon contract execution ("Effective Date") and shall expire
one year from contract execution with four (4) automatic renewals ("Expiration Date") unless
terminated earlier in accordance with this Agreement ("Initial Term").
3.Compensation. City shall pay Vendor an amount not to exceed FIFTY THOUSAND DOLLARS
00/100 ($50,000.00) in accordance with the provisions of this Agreement and Exhibit “B,” Payment
Schedule, which is attached hereto and incorporated herein for all purposes. Vendor shall not perform any
additional services for the City not specified by this Agreement unless the City requests and approves in
writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor
not specified by this Agreement unless City first approves such expenses in writing. City agrees to pay all
invoices of Vendor within thirty (30) days of receipt of such invoice.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days’ written notice of termination.
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4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to
the effective date of termination and Vendor shall continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor shall return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has
made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's
services under this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in
writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by City (“City Information”) as confidential
and shall not disclose any such information to a third party without the prior written approval of
City.
5.3 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 shall promptly notify Seller. It will be the responsibility of Seller 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.
5.3 Unauthorized Access. Vendor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor shall notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and shall fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6.Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during
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normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section. City shall give
Vendor reasonable advance notice of intended audits.
7.Independent Contractor.It is expressly understood and agreed that Vendor shall operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers,
agents, employees, servants, contractors and subcontractors. Vendor further agrees that nothing herein shall
be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City shall in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees or subcontractors of Vendor. Neither Vendor, nor any officers, agents,
servants, employees or subcontractors of Vendor shall be entitled to any employment benefits from City.
Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself,
and any of its officers, agents, servants, employees or subcontractors.
8. Liability and Indemnification.
8.1 LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS
OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION – Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City’s use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay shall not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City’s interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
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for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City shall have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor shall fully participate and
cooperate with City in defense of such claim or action. City agrees to give Vendor timely
written notice of any such claim or action, with copies of all papers City may receive relating
thereto. Notwithstanding the foregoing, City’s assumption of payment of costs or expenses
shall not eliminate Vendor’s duty to indemnify City under this Agreement. If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined
or restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9.Assignment and Subcontracting.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, subcontractor shall execute a
written agreement with Vendor referencing this Agreement under which subcontractor shall agree
to be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor shall provide City with a fully executed copy of any such
subcontract.
10.Insurance.Vendor shall 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 work 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
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Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. “Any
vehicle” shall 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 work is 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 shall 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 shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The term
City shall include its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
(b) The workers’ compensation policy shall 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 shall be provided to City. Ten (10) days’ notice shall be
acceptable in the event of non-payment of premium. Notice shall 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.
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(e) Any failure on the part of City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subVendors and successors in interest, as part of the consideration herein, agrees that in the performance
of Vendor’s duties and obligations hereunder, it shall not discriminate in the treatment or employment of
any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM
AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN
INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND
DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement shall 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: Valerie Washington, Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817)8654
With copy to Fort Worth City Attorney’s Office at
same address
To VENDOR:
L.A.T.E., LLC dba Superior Landcare
Attn: Leslie Hortman, Owner
9500 Feathergrass Lane
Fort Worth, TX 76180
14. Solicitation of Employees. Neither City nor Vendor shall, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
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16.No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Vendor’s respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17.Governing Law / Venue. This Agreement shall be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18.Severability.If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
19.Force Majeure. City and Vendor shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
20.Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision of this Agreement.
21.Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
22.Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23.Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the
entire understanding and agreement between City and Vendor, their assigns and successors in interest, as
to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with any provision of this Agreement.
24.Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute
one and the same instrument.
25.Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor’s
option, Vendor shall either (a) use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
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26.Immigration Nationality Act. Vendor shall verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this
Agreement for violations of this provision by Vendor.
27.Ownership of Work Product. City shall be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in
conjunction with the services provided under this Agreement (collectively, “Work Product”). Further, City
shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
28.Signature Authority. The person signing this Agreement hereby warrants that he/she has
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose
name, title and signature is affixed on the Verification of Signature Authority Form, which is attached
hereto as Exhibit “C”. Each party is fully entitled to rely on these warranties and representations in entering
into this Agreement or any amendment hereto.
29.Change in Company Name or Ownership. Vendor shall notify City’s Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director’s
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
30.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
2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel”
and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract, Vendor certifies that Vendor’s signature provides written
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verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract.
31. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2),
the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or
more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more
full-time employees) unless the contract contains a written verification from the company that it: (1) does
not boycott energy companies; and (2) will not boycott energy companies during the term of the
contract. The terms “boycott energy company” and “company” have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Vendor certifies that Vendor’s signature provides written verification to the City that
Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the
term of this Agreement.
32. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added
by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods
or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of
the City, with a company (with 10 or more full-time employees) unless the contract contains a written
verification from the company that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the
term of the contract against a firearm entity or firearm trade association. The terms “discriminate,” “firearm
entity” and “firearm trade association” have the meaning ascribed to those terms by Chapter 2274 of the
Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that
Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor’s signature provides written verification to the City that Vendor: (1)
does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
(signature page follows)
CITY OF FORT WORTH: By: Va(erie Washington (Sep 30, 2024 20:11 COT) Name: Valerie Washington Title: Assistant City Manager Date: Sep 30, 2024 . 2024 APPROVAL RECOMMENDED: By:� Name: Roger Venables Title: Aviation Systems Director ATTEST: � A �By: U Name: Jannette Goodall Title: City Secretary Name: Leslie Hortman Title: Date: �� ,2024 Vendor Services Agreement City Secretary Contract No. ____ _ CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for monitoring and administering this contract, including ensuring all performance and reporting requirements are met. By: E rlvv L. Ro-ae¥ti Name: Erin L. Roden Title: Sr. Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: By: Candace Pagliara (Se; �2024 07:16 CDT) Name: Candace Pagliara Title: Assistant City Attorney CONTRACT AUmORIZATION:
M&C: NIA
Form 1295: N/A ____ _Pagel0of23
Vendor Services Agreement – Exhibit A Page 11 of 23
EXHIBIT A
L.A.T.E dba Superior Landcare
9500 Feathergrass Lane
Fort Worth, TX 76180
DETAILED SCOPE OF SERVICES
FLOWERBEDS /PUSH MOWING AND LARGE MOWING
1. EQUIPMENT
1.1. Contractor shall have available all equipment and material upon arrival at job site or
have access to all equipment necessary to perform all work outlined in this Agreement.
1.2. Bidders should be able to demonstrate adequate backup equipment or plan to allow for
breakdowns.
1.3. All equipment shall always be in good repair and be operated by a responsible employee.
2. FLOWER BED MAINTENANCE
2.1. The Contractor is responsible for maintaining the planting beds at Meacham Airport. The Contractor will
be required to perform maintenance bi-weekly from February through September. Total square footage of
flower beds is estimated at 13,298 square feet.
2.2 Contractor shall:
2.2.1 Cleanup to include removal of all trash, leaves, weeds and apply weed killer application
2.2.2 Remove all weeds/unwanted grasses from concrete and crushed stone surfaces and ornamental
and ground cover beds.
2.2.3 Mulch replacement up to two times per year (as requested).
2.2.4 Trim plants as needed.
2.2.5 Recommend plant replacement as needed.
2.2.6 After the contractor completes work each week, the project area shall be broom-cleaned, removed
trash, and weed-free.
2.2.7 The contractor shall not trim with a power trimmer or use mechanical tools that will damage the
drip irrigation.
2.2.8 The Contractor must contact the contract administrator and receive approval for post-emergent and
pre-emergent herbicide treatment before allowing the Contractor to proceed with the application.
Post-emergent and pre-emergent herbicides must not kill/destroy desirable vegetation. The
Contractor will be responsible for replacing any destroyed vegetation at no additional cost to the
City.
2.2.9 Blowing grass clippings and other debris into the adjoining street or roadway will not be
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permitted. Gutters, sidewalks, and roadways must provide a clean surface or the appearance of
being swept. This is in accordance with City Code 12.5-302, paragraph A: “Anything that is not
stormwater that goes into a storm drain is an illicit discharge.” The Contractor shall always
preserve and protect public utilities during flower bed maintenance. Any damage to property or
utilities resulting from the Contractor’s work shall be restored at the Contractor’s expense.
2.2.10 The flower bed maintenance will be for an estimated 16 cycles per year.
3. DEFINITIONS
3.1 FLOWER BED MAINTENANCE PROJECT AREA shall refer to specific geographic area(s) of the
City designated to receive specified maintenance services.
3.2 FLOWER BED MAINTENANCE SCHEDULE shall mean the time periods established by the City
for the maintenance season within which all prescribed maintenance activities for each area shal
l be completed. Contractors shall perform the work bi-weekly, from February through September.
3.3 CONTRACT ADMINISTRATOR shall mean the duly authorized representative of the Aviation
who shall monitor the Contractor's performance within the regions he/she is assigned.
3.4 INCLEMENT WEATHER shall mean rainy/wet weather or when the condition of the soil in
flower bed is such that maintenance cannot be accomplished satisfactorily.
3.5 OZONE ACTION DAYS shall refer to the period from May 1st through October 31st (Ozone
Season) of each year, when ozone levels are critical. These days are determined by the Texas
Natural Resource Conservation Commission and are announced via television, radio, and
TX DOT highway information boards. Contractors are not to use any motorized equipment
between the hours of 6 a.m. and 10 a.m. 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.
3.6 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. Contractor will use reasonable care to avoid damaging
any City or private property, especially fences, mailboxes, etc., in rights-of-way. 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 Contractor’s payment. Debris that falls or is thrown by equipment upon the pavement,
streets, curbs and gutters, sidewalks, driveways, or adjacent properties through the action of the
work crew shall be removed before leaving the project area.
3.7 HAZARDOUS CONDITIONS - The Contractor is required to notify the Contract Administrator
immediately of any hazardous conditions and/or damage to city property.
3.8 SUPERVISION OF WORK CREW - Contractor shall provide supervision of all work crews while
performing work under this Agreement. On-site supervision is not required, but providing constant
communication equipment enables the work crew to communicate with a project supervisor. Each work
crew shall have a designated person on the work site who has the authority to respond to inquiries about
work details or priorities.
3.9 PROTECTION OF FENCES, TREES, PLANTS, AND SOIL ON PRIVATE PROPERTY All
property
along and adjacent to the Contractor’s operations, including fences, lawns, yards, shrubs, trees,
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etc. shall be preserved or restored after completion of the work to a condition equal or better
than existed prior to the start of work. No direct payment will be made for this item, and it shall be
considered incidental to this Agreement.
3.10 REPORTING COMPLETED WORK AREAS – Contractor will notify the Contract Administrator
when the flower bed maintenance has been completed. This will be accomplished by email.
Notifications will be made the next day following the completion of the maintenance.
4. FLOWER BED MAINTENANCE SCHEDULE
4.1 NOTE: FAILURE TO MEET THE CONTRACT REQUIREMENTS ON MORE THAN ONE
OCCASION WITHIN
THE PRESCRIBED MAINTENANCE SCHEDULE MAY RESULT IN THE TERMINATION OF THE
AGREEMENT.
4.2 The Contract Administrator can cancel scheduled flower bed maintenance cycles bi-weekly. The
cancellation will be based on need, prevailing weather conditions, and available funds.
4.3 The Contractor will be notified of any cancellations. The City reserves the right to perform flower bed
maintenance during canceled cycles.
4.4 Contractor shall secure all permits and licenses imposed by laws and ordinances, pay all charges, and give
all notices where necessary.
5. TURF MANAGEMENT / MOWING
5.1 The Contractor is responsible for maintaining the sod at Meacham Airport in accordance with the
three established zones. The Contractor will be required to perform maintenance on an as-needed
basis, determined by the City, to eliminate weeds and other forms of unwanted vegetation growing
in the grass areas. Only pre-established grass species are allowable for sodding purposes when
replacing dead, or missing, patches of grass.
5.2 The Contractor is responsible for maintaining the sod in such a manner to create a uniform appearance of
the pre-established grass through the specified zones.
5.3 The Contractor must contact the contract administrator and receive approval for post-emergent and pre-
emergent herbicide treatment prior to allowing the Contractor to proceed with the application. The use of
post-emergent and pre-emergent herbicides must not kill/destroy desirable vegetation. The Contractor
will be responsible for replacing any vegetation that is destroyed at no additional cost to the City.
5.4 Square footage for the established zones in Exhibit A Scope of Serivces is estimated to be:
5.4.1 Zone 16 Flower beds – 13,298 ft sq
5.4.2 Zone 16 Push only mowing – 19,221 ft sq
5.4.3 Zone 16A Ride mowing – 13,846 ft sq (Rider and zero turn mowers allowed?
5.5 Push Mowing ONLY in Zone 16, no zero turns or large mowers; riding mowers are allowed in Zone 16-
A
only.
5.6 The work covered by these specifications consists of specific grounds maintenance services at Meacham
Airport within each project area as required by the established maintenance schedule. Contractor shall be
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responsible for removing all trash and litter, mowing all areas, edging, and trimming all turf along the
pavement, including expansion cracks extending two feet onto the pavement, curbs, and around or on
signs, posts, guard rails, sidewalks, other obstacles and keeping shrub and flower beds weed free,
clearing vegetation from in and under all fence lines, and removing all grass clippings from hard
surfaces. 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 that are not intended to be present as
part of the landscape. Contractor will apply herbicide to cracks and expansion joints to curtail weed
growth in solid surface areas upon department request.
6.0 DEFINITIONS
GROUNDS MAINTENANCE PROJECT AREA shall refer to the specific geographic area(s) of
Meacham Airport that is designated to receive specified grounds maintenance services.
6.1 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 SHALL BEGIN THE WEEKLY MOWING CYCLE ON
MONDAYS. 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. IF CONTRACTOR
EXPECTS TO VARY FROM THE SCHEDULE, THE CONTRACTOR SHALL NOTIFY THE
CONTRACT ADMINISTRATOR OF THE ADVANCE VARIATION AND SPECIFY AN
ALTERNATE COMPLETION SCHEDULE.
NOTE: THE 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 SCHEDULED MOWING CYCLE.
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 on the same day the
mowing occurs.
6.3 CONTRACT ADMINISTRATOR shall mean the duly authorized representative of the
Aviation Department who shall monitor the contractor's performance within the regions he/she
is assigned.
6.4 INCLEMENT WEATHER shall mean rainy/wet weather or when the condition of the soil is
such that the rutting of the 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.
6.5 OZONE ACTION DAYS shall refer to the period from May 1st through October 31st (Ozone
Season) of each year when ozone levels are critical. These days are determined by the Texas
Natural Resource Conservation Commission and announced via television, radio, and TX DOT
highway information boards.
6.5.1 Contractors are not to use motorized equipment between 6 a.m. and 10 a.m. 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.
6.6 TRASH AND LITTER shall mean any debris within the grounds maintenance project area
including, but not limited to, furniture, appliances, tires, construction material, paper, plastic,
cans, bottles (including broken glass), cardboard, rags, limbs and branches, rocks, and other
similar solid materials and foreign debris which is not intended to be present as part of the
landscape.
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6.7 TRIMMING shall refer to the cutting or removing of all plant life adjacent to or within any
fence line, pole, guy wire, sign, guard rail, sidewalk, curb, and ditch. Ditches will need to be
trimmed regardless of existing conditions within the ditch by any equipment necessary.
6.8 MOWING HEIGHT shall refer to the setting of mowing equipment to cut grass to a height
of two (2) inches for all project areas unless requested otherwise by the Contract Administrator
6.9 CHEMICAL TRIMMING shall refer to the use of an herbicide (such as Roundup and/or an
approved equal containing a pre-emergent, such as Surf LAN or an approved equal) as an
alternative to the physical removal or cutting of plant material from areas to be trimmed.
HERBICIDE APPLICATION MUST BE IN COMPLIANCE WITH THE STATE OF TEXAS
STRUCTURAL PEST CONTROL BOARD LAWS AND REGULATIONS OR THE TEXAS
DEPARTMENT OF AGRICULTURE LAWS AND REGULATIONS. THE CONTRACTOR
OR HIS/HER REPRESENTATIVE MUST HAVE A COPY OF THEIR PESTICIDE
LICENSE ON FILE WITH THE AVIATION DEPARTMENT BEFORE THE USE OF ANY
HERBICIDE.
NOTE: CHEMICAL TRIMMING WILL NOT BE ACCEPTABLE ALTERNATIVE TO THE
PHYSICAL
REMOVAL OR CUTTING OF PLANT MATERIAL FROM AREAS TO BE TRIMMED.
6.10 EDGING will be around all hard surfaces, i.e., parking lots and walkways.
6.11 MOWING HEIGHT shall refer to the setting of mowing equipment to cut grass to a height of
two (2) inches for all project areas. The Contract Administrator may make changes in the
height requirements. Mowing below the heights stated above may result in liquidated damages
when turf is damaged, e.g., scalping occurs. Repeated damage to turf may result in contract
termination.
7. LITTER REMOVAL, MOWING, AND TRIMMING
7.1 Contractor shall remove ALL litter, mow, edge, and trim all assigned turf areas on every cycle.
CONTRACTOR SHALL REMOVE ALL TRASH AND LITTER FROM
THE ENTIRE AREA BEFORE INITIATING ANY MOWING OF THE TURF
AREA.
Failure to remove litter before mowing will result in the Contractor being required to return
to the site and remove all new litter and mowed litter. Any papers, cans, or bottles cut or
broken during maintenance operations shall be removed entirely from the site immediately
before proceeding with the maintenance of other areas. The Contractor shall dispose of all
trash and litter at an off-site location procured by the Contractor at his/her sole expense.
7.2 Contractor shall use reasonable care to avoid damaging buildings, equipment, and vegetation on
City and private property. Mowers must have chute deflectors or guards to prevent rocks and
debris from damaging public and private property. This includes, but is not limited to, irrigation
heads, fences, mailboxes, etc. The Contractor must assess the area to be mowed before starting
and make necessary adjustments not to cut or damage irrigation heads. Contractors use a push
mower in designated areas, avoiding damage to structures and turf grasses. 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.
7.3 Contractor shall maintain sharp blades on all mowing equipment to cleanly cut, not tear, the
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blades of grass. All grass shall be cut at a height of two (2) inches. Upon completion, a mowed
area shall be free of clumped grass cuttings, tire tracks, and ruts from equipment. Turf shall be
cut 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 adjacent properties. Any material so
discharged shall be removed before 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.
7.4 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 damage
their bark. Trim guards should be used as online trimmers when working around trees and
ornamental shrubs. All trimming shall be accomplished while maintaining the required
2"cutting height depending on the project area and cycle frequency. ALL TRIMMING
MUST BE ACCOMPLISHED CONCURRENTLY WITH MOWING OPERATIONS.
7.5 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.
7.6 WEEDING: All planting beds, hedgerows, fence lines, parking lots, and gravel areas shall be
maintained weed and grass-free. Chemical weeding using Roundup or an approved substitute is
acceptable, but it must be closely coordinated with the Contract Administrator before
application. Herbicides are not allowed at the base of trees and fence lines, and they are
discouraged under tree drip lines from June to August. Guards online trimmers are
recommended, as the Contractor is responsible for replacing any extensively damaged trees.
7.7 FENCE LINES: All weeds and grass in fence lines shall be removed at the beginning of the
season, and fence lines will be kept weed—and grass-free throughout the season. Interior fence
lines will be kept weed—and grass-free at all times, and exterior fence lines will be kept weed—
and grass-free for at least 12 inches outside the fence line. When an Aviation Department
perimeter fence is adjacent to private property, all weeds, grass, and brush will be kept trimmed
back to the fence line, and the fence line may be cleared when accessible for 12 inches on the
outside of the fence line. The Contractor will remove all weeds, grass, tree limbs or other
vegetation growing through the fence. The base of the fence line may not be treated chemically,
using Roundup substitute, and all tree and shrub limbs, sprouts, or branches will be cut back
flush with the fence line. Chemical edging will not be used.
7.8 REMOVAL OF GRASS CLIPPINGS. The 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, curbs and gutters, sidewalks, driveways,
or adjacent properties through the action of the work crew shall be removed before leaving the
project area.
7.9 The Contractor shall always preserve and protect public utilities during maintenance. Any
damage to utilities resulting from the Contractor’s work shall be restored at the contractor’s
expense.
7.10 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 ¼
inch, nor will they be cut back from the edge of walks, trails, drives or curbs more than ¼ inch.
All concrete sidewalks, trails, curbs, walking paths, and steps must be mechanically edged,
exposing concrete surfaces. The Contractor may use a disc edger on a mower or similar device
City Secretary Contract No. _____________
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to edge medians as long as the produced edge meets the above standard. All material dislodged
by edging shall be removed from the site or blown back onto grass areas to leave a clean
appearance. Concrete sidewalks shall be edged on both sides.
8. TREES AND SHRUBS - NO PRUNING OF ANY TREE SHALL BE PERMITTED UNLESS SPECIFIED
OTHERWISE IN THESE SPECIFICATIONS OR REQUESTED BY THE CITY. Trash and litter shall be
removed from ornamental flower and planting beds during each mowing cycle. Mulch rings shall be reshaped
before leaving the 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.
8.1 ASSESSMENT OF DAMAGES TO TREES DURING GROUNDS
MAINTENANCE OPERATIONS:
8.0.1 The Contractor will check trees in the contract area before contract work begins; any
damage will be noted and reported to the Contract Administrator.
8.0.2 The Contract Administrator will conduct random checks of the trees during the
contract period.
8.0.3 At the end of the contract period, all trees may be checked. The Contract
Administrator and Contractor will attend the inspection.
8.0.4 Damages shall be documented by memo with a copy to the contract file and the
Contractor.
8.0.5 Contractors may have the option of replacing or paying for severely damaged trees at a
location designated by the Aviation Department. Replacement shall be made on a caliper
inch per caliper inch basis with a minimum size of replacement tree of 2” in caliper. The
Contractor shall be responsible for planting, watering, mulching and maintaining
replacement trees for under two years. The Contractor shall compensate for any tree that
does not survive the 2-year established period of the Aviation Department at a rate of
$200.00 per caliper.
8.0.6 Damages shall be assessed at a rate of $100.00 for each instance of slight damage to
tree(s); this is damage that may heal. Examples include but are not limited to scaling of
the trunk into the cambial layer ½” 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 a
penalty of $200.00 per diameter inch of trees removed or damaged for trees less than 30”
and $400.00 per diameter inch of trees greater than 30”. Severe damage or removal shall
include but is not limited to scaring the trunk to the cambial layer greater than 1/3 the
trunk circumference, uprooting or causing a tree to lean, and damage to a scaffolding
branch greater than 1/3 of the trunk caliper. Branches shall be measured at the point of
attachment or at the lateral to which the branch would be pruned back according to ANSI
standards. Trees greater than 6” in caliper shall be measured using diameter at breast
height (DBH). In addition to any penalties or damages assessed by the Aviation
Department, trees severely damaged or removed shall also be subject to fines and
penalties of the Tree Conservation Ordinance of the Fort Worth Zoning Code. Trees that
must be removed due to damage caused by the contractor shall be removed by the
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Forestry Section Tree Removal Contractor at the Mowing Contractor’s expense.
8.0.7 Failure to replace or pay for damaged trees shall result in a breach of contract, and the
Contractor will be automatically assessed for damages. Damages described herein
shall be deducted from payments otherwise due to the Contractor.
8.2 STORM DAMAGE: IN THE EVENT OF STORM DAMAGE, PRUNING WILL BE
NECESSARY TO REMOVE DAMAGED AND BROKEN LIMBS. ANY TREES
BLOWN OVER OR DOWNED DURING A STORM (UP TO 4 CALIPER INCHES IN
DIAMETER) WILL BE REMOVED. All plant material (up to 4 caliper inches in diameter)
resulting from trimming and pruning, normal deadfall, or storm/wind damage shall be
removed from Aviation Department property and properly disposed of by the Contractor
each time the Contractor performs maintenance at the site.
8.3 CREEKS AND DRAINAGE AREAS: All creeks and drainage areas at Aviation
Department sites will be cleaned, and all brush, grass, trees, and other plant materials will be
maintained at a height of approximately four (4) inches. Chemical treatment will not be allowed in
creeks and drainage areas unless approved in writing by the Contract Administrator or the
Superintendent of Plant Maintenance. Drainage areas will need to be trimmed, regardless of
existing conditions within the ditch, by any equipment necessary. Standing water will not be
considered an acceptable justification for not mowing.
8.4 COMPLETION OF WORK: The Contractor must complete the work within a minimum 3
continuous days, or less, once the work begins. Work is to begin on Mondays. Equipment can only
be brought to the site the day the contractor starts work and can only be left on site if the crews are
coming back the next day. Upon completion of work the equipment must be removed from site
until the next cycle unless written permission is provider by the Contract Administrator. If for any
reason the grounds maintenance cannot be completed, e.g., due to rain or wet grounds, the
Contractor must contact the Contract Administrator.
8.5 SECURITY PROCEDURES: On all Aviation Department properties, all Contractor personnel
must have a valid picture ID with photo, or a valid Driver’s License with photo, on their person
or readily available in their vehicle on site. When applicable, the Contractor will stop at the
entrance to the facility and check in with security personnel upon arrival to get clearance to
enter the facility.
HAZARDOUS CONDITIONS - The Contractor is required to notify the Contract Administrator immediately
of any hazardous conditions and/or damage to city property.
8.6 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.
8.7 CONCURRENT CONTRACTS - In the event that any one Contractor is awarded contracts for
mowing
more than one project area, he/she shall proceed with work simultaneously in all areas awarded.
8.8 SUPERVISION OF WORK CREW - Contractor shall provide supervision of all work crews
while
performing work under this contract. On-site supervision is not required as long as
communication equipment is provided which enables the work crew to communicate with a
project supervisor at all times. Each work crew shall have a designated person on the work site
that has the authority and ability to respond to inquiries about work details or priorities.
City Secretary Contract No. _____________
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8.9 STREET USE PERMIT—The Contractor must obtain a “Street Use Permit”
prior to starting work. Contact Chuck McLure at (817) 392-7219.
8.9.1 The Contractor shall be responsible for providing traffic control during the construction of
this project is consistent with the provisions outlined 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.
8.9.2 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 his temporary sign in place until such re-
installation is completed.
9. INSPECTION AND ACCEPTANCE
9.0 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 Department.
9.0.1 In the event the Contractor fails to perform according to the terms of this Agreement, the
Department head or his/her designee 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.
9.0.2 In the event the Contractor continues with unsatisfactory performance, the Contract
Administrator will promptly notify the Purchasing Manager or his/her designee who
will take appropriate action to cure the performance problem(s), which could include
cancellation, termination for convenience or default.
9.1.3 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.
9.1 A work order will consist of a written document specifying 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
shown on the work order including any comments noted by the Contract Administrator will then
City Secretary Contract No. _____________
Page 20 of 23
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.
9.2 Contractor must notify Airport Operations for access to locked manual gates and of each day’s
completion for inspection to secure gates on the property.
9.3 Contractor is responsible for providing photographic evidence of all Project Areas completed for
each mow cycle. Photographs must be time and date stamped.
10. CONTACT - Contractor shall, e-mail, or fax in each day’s completions that are ready for inspection to
the Contract Administrator. This will be accomplished no later than the first regular workday after the
maintenance is completed. Failure to submit completion reports or contact the assigned Contract
Administrator on the next regular workday after work is completed on an area can result in liquidated
damages and may lead to termination of the contract.
11. MAINTENANCE SCHEDULE AND LIQUIDATED DAMAGES - Failure 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 will
not exceed the total dollars for the incomplete project location per cycle).
NOTE: FAILURE TO MEET THE CONTRACT REQUIREMENTS ON MORE THAN ONE
OCCASION WITHIN THE PRESCRIBED MAINTENANCE SCHEDULE MAY RESULT IN THE
TERMINATION OF THE CONTRACT AND DEMAND UPON THE CONTRACTOR'S BONDING
COMPANY TO COMPLETE THE CONTRACT.
12. DELIVERIES AND PERFORMANCE
NOTE: THE CONTRACT ADMINISTRATOR HAS THE AUTHORITY TO CANCEL
SCHEDULED MOWING CYCLES ON A WEEK-TO-WEEK BASIS. THE CANCELLATION WILL
BE BASED ON NEED, PREVAILING WEATHER CONDITIONS, AND AVAILABLE FUNDING.
THE CONTRACTOR WILL BE NOTIFIED OF ANY CANCELLATIONS. THE CITY
RESERVES THE RIGHT TO PERFORM GROUND MAINTENANCE OPERATIONS DURING
CANCELED CYCLES.
THE CONTRACT ADMINISTRATOR MAY CHANGE THE FREQUENCY OF GROUNDS
MAINTENANCE CYCLES.
CONTRACTORS MAY BE REQUIRED TO RETURN TO MAINTAIN SPECIFIC LOCATIONS
DURING CANCELLED CYCLES OR AFTER REGULAR SEASON MOWING HAS ENDED.
ANY SUCH CALLBACK WORK SHALL BEGIN WITHIN TWO (2) WORKING DAYS OF THE
REQUEST TO PERFORM WORK AND SHALL BE COMPLETED IN A TIMELY MANNER.
13. ON-CALL MOWING - To keep the quality of mowing in the City of Fort Worth at a sufficient level, and to
address the failure of mowing contractors to perform adequately, the City will have areas needing complete or
spot mowing on an individual or reoccurring basis. To provide mowing contractors with additional work, the
City will allow selected contractors to take on these extra projects.
13.1. The City may request the Contractor to mow on-call areas at pricing equivalent to
comparable areas in the Contractor’s awarded contract or prices submitted by the Contractor
in the bid solicitation.
13.2 The Contract Manager will approve the contractor’s submitted price for the job before work
City Secretary Contract No. _____________
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begins.
13.3. The Contract Manager must approve pricing exceeding the Contractor’s comparable Project
Areas or solicitation pricing.
13.4. Contractor has theright to decline or accept On-Call Mowing work.
13.5 In the event the Contractor accepts the On-Call Mowing work, the Contractor will be issued
a Work Order for the On-Call area identifying the work to be performed, the number of times
performance is required, and the agreed-upon price.
13.6. Noonecontractor is grantedexclusive rightstoOn-CallMowingprojects orhas first rights of
refusal in the event service is requested again.
13.7 Contractors cannot fail to perform on their currently contracted mow Cycle to perform On-Call Mowing
projects.
13.8. Should a scheduling conflict arise between the On-Call project and a previously contracted mow area, the
contractor must notify the Contract Manager immediately and decline the On-Call project.
es
Vendor Services Agreement – Exhibit B Page 22 of 23
EXHIBIT B
PRICE SCHEDULE
E�BIT C
VERIFICATIflN �F SIGNATURE AUTH�RITY
L.A.T.E dha 5uperior Landcare
9540 Feaihergrass Lane
�'ort V�arth, T� 7fi ] 8d
Execution of tE�is Sig�ateire Ve�rificatian Fnrm {"Farm") hereby certifies that the following
indi�viduals andlar pasitiflns ha�e the authority to legaily biud Vendor and to execute any agreement,
amendtnent or change order on behaLf of Vendar. Such binding authQrity has heen �'ar►ted by proper order,
resplutian, ordinan�e ar ather autharizatian of Vendar. City is £ully erititled tn rely on the warranty and
representatic�n set farth in this Form in entering into any agreetnent or amendment with Vendor. Vendar
vviil submit an updated Far�n within ten �Id) business days zf there are any changes tifl t�e signatory
au�horify. City is entitled ta rely on any current exe�uied Form u�til it re�ei�es a re�ised Farm that has heen
praperly exec�zted by Vendor.
Name:
Pasitian:
Signah�re
�. Name:
�p5if10Il:
Signature
3. NaFne:
Position:
5ignature
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f-
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Signature � � ent 0
Other Tit1e: �ier ,
�ate_ � � � � �._ �
Vendor Servi�es A�reement — Exhihit C ��� ����