HomeMy WebLinkAboutContract 57260-A3 (2)CSC No. 57260-A3
THIRD AMENDMENT TO
FORT WORTH CITY SECRETARY CONTRACT NO. 57260
BETWEEN CITY OF FORT WORTH AND L.A.T.E. LLC
Third Amendment to Fort Worth City Secretary Contract No. 57260 is made between the
City of Fort Worth ("Fort Worth" or "City"), a home -rule municipal corporation, and L.A.T.E
LLC ("Vendor"). City and Vendor shall be referred to as a Party and collectively as the Parties.
WHEREAS, City and Vendor entered into an Agreement identified as Fort Worth City
Secretary Contract No. 57260 ("Agreement") with the third renewal term from March 17, 2025 to
March 16, 2026; and
WHEREAS, the Parties agree to amend the Exhibit A Scope of Services to update and
include additional mowing zone; and
WHEREAS, the Parties agree to amend the Exhibit B Price Schedule to update and
include additional mowing zone;
NOW THEREFORE, the Parties, acting herein through their duly authorized
representatives, agree to the following terms, which amend the Agreement as follows:
I.
AMENDMENTS
The following term is hereby amended to replace any conflicting term in the Agreement and
shall be binding and enforceable as if it were originally included therein:
Exhibit A, of the Agreement is deleted and replaced with the attached Exhibit A
Exhibit B, of the Agreement is deleted and replaced with the attached Exhibit B
II.
ALL OTHER TERMS SHALL REMAIN THE SAME
All other terms, provisions, conditions, covenants and recitals of the Agreement not
expressly amended herein shall remain in full force and effect.
III.
ELECTRONIC SIGNATURE
This Amendment may be executed in multiple counterparts, each of which shall be an
original and all of which shall constitute one and the same instrument. A facsimile copy or
computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the
same effect as an original.
A4 to Fort Worth City Secretary Contract No. 57260
CFW and Agreement L.A.T.E. LLC
OFFICIAL RECORD
CITY SECRETARY Page 1 of 18
FT. WORTH, TX
[SIGNATURE PAGE FOLLOWS]
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth
V00, WAA -
By: Valerie Washinp-ton (May 15, 2025 09:20 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date: n9/1 �/9nar;
Approval Recommended:
By: ) .
Name: Roger Venables
Title: Aviation Director
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Attest: ova � 8 *�
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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:
Name: Katya Flores
Title: Sr. Contract Compliance Specialist
Apprav a e a1�Xaa
By: Candace Paaliara (Mav 15'-�025 07:42 CDT)
Name: Candace Pagliara
Title: Assistant City Attorney
Contract Authorization:
By: M&C: N/A
Name: Jannette Goodall Date Approved: N/A
Title: City Secretary
L.A.T_E. LLC
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By. 1 ,
Na>Tne:`Ceslie Hartman
Title: Owner
Form 1295 Certification No.: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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ClF'W and Agreement L.A.T.L. LLC
EXHIBIT A
Scope of Services
041CAIIA01IR1619394100ZyAATA[Ill *1
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
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
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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 shall 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 (CARE) 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
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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, 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 preemergent 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 Service's is estimated to
be:
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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 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 UNTILTHE
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.
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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 (CARE) 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.
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: CHEMICALTRIMMING 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.
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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.
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 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
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maintaining the required 2" cutting height depending on the project area and cycle
frequency. ALLTRIMMING 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 % inch, nor will they be cut back from the edge of walks, trails, drives or curbs
more than % inch. All concrete sidewalks, trails, curbs, walking paths, and steps must be
mechanically edged, exposing concrete surfaces. The Contractor may use a disc edger
on a mower or similar device to edge medians as long as the produced edge meets the
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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 %" 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".
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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 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 (UPTO 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 provided 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
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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.
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 reinstall the permanent sign and shall leave
his temporary sign in place until such reinstallation is completed.
INSPECTION AND ACCEPTANCE
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A4 to Fort Worth City Secretary Contract No. 57260
CFW and Agreement L.A.T.E. LLC
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 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
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A4 to Fort Worth City Secretary Contract No. 57260
CFW and Agreement L.A.T.E. LLC
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 RESERVESTHE 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 begins.
13.3 The Contract Manager must approve pricing exceeding the Contractor's comparable
Project Areas or solicitation pricing.
13.4 Contractor has the right 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.
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A4 to Fort Worth City Secretary Contract No. 57260
CFW and Agreement L.A.T.E. LLC
13.6 No one contractor isgranted exclusive rights to On -Call Mowing projects or hasfirst
rights of reFusal in the event senviceisrequested amain.
13.7 Contractors can natfaiIto perform ontheir currenby contracted maw CycletoperForrn
On -Call Mowing projects.
13.8 Should a scheduling conflict arise between the On -Call project an d a previously
contracted mow area the contractor must notify the Contract Manager immediately
and dedin ethe On - Call project.
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A4 to Fort Worth City Secretary Contract No. 57260
CFW and Agreement L.A.T.E. LLC
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Page 17 of 18
A4 to Fort Worth City Secretary Contract No. 57260
CFW and Agreement L.A.T.E. LLC
EXHIBIT B
Price Schedule
9500 Feather Grass Lane
�s_-Ok.-
Superior .� Ste 76177
Fort Worth, TX 1
Landcare
Call I Text: 817-438-8393
Maintenance Agreement
Date Submitted: Address: 201 American Concourse
Submitted to: Meacham Airport Fort Worth, TX 76106
Phone:
Email: Work Performed: �✓ Same or
(circle one) 201 American Concourse
Prefered Payment: ❑ Check L Card Ll Auto -Sill on date: Fort Worth, TX 76106
CC 4 CvV Exp
Service
lian
JIFeb Imar
Apr
May
Jun
I Jul
jAugjSep
I Oct
NovjDecj
Unit Cost I
Total
Mowing
1 1 2
4 5
5 4 4 5 2
2 2
$131
$4,847
Weed Eating
1 1 2
4 5
5 4 4 5 2
2 2
INC
Edging
1 1 2
4 5
5 4 4 5 2
2 2
INC
Blow (CleanUp)
1 1 2
4 5
5 4 4 5 2
2 2
INC
Bed Detail
1 1 2
4 5
5 4 4 5 2
2 2
$330
$7,920
Hedge Trimming
1 1 1
1 1
1 1 1 1 1
1 1
INC
Spot Weed Control
1 1 1
1 1
1 1 1 1 1
1 1
$177.50
$2,130
Pre/Post Emergent
1 1
1
INC
Fertilization
1 1
1 1 1 1
INC
Mulch
1
1
$5,525.00
NII
Sod
$9.50
NII
Supervisor Inspection
1 1 2
4 5
5 4 4 5 2
2 2
INC
Total Cuts
37
Subtotal:
$14,897.00
Subtotal Divided by
12 months:
$1,241.42
Payment:
Customer agrees to pay
Superior Landcare 12 monthly
payments of $1,241.42
(plus sales tax) on or before the 15th
day of each month after
receipt and approval of Superior Landcare invoice for services
rendered.
Duration of Agreement
The term of this agreement shall commence on the _ day of 20 and shall continue in full and effect
until the _ day of .20 . This agreement may not be terminated without a 15 day notice from either
party. If customer chooses to terminate agreement, they choose to pay all amounts for services rendered through the
date of termination. Failure to pay will result in legal action including but not limited to a mechanics Iein.
Superior Landcare Representative: Date 20
Customer: Date 20
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A4 to Fort Worth City Secretary Contract No. 57260
CFW and Agreement L.A.T.E. LLC