6-RFP-03-Draft Mowing and Grounds Maintenance Services Agreement.pdf

Non-Exclusive Contract Mowing and Grounds Maintenance Services Agreement

A NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES

AGREEMENT

THIS NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE

SERVICES AGREEMENT (“Agreement”) is made and entered into by and between the CITY OF FORT WORTH (“City”), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and CONTRACTOR (“Contractor), a Texas corporation, acting by and through its duly authorized representative.

WHEREAS, the City, through its Park & Recreation Department (“Park Department”), contracts for mowing and grounds maintenance services within the City;

WHEREAS, through ITB/RFP No. (“Bid”), the City solicited bids to award non-exclusive agreements to multiple bidders for mowing and grounds maintenance services on an as-needed basis with an aggregate amount of $1,928,000.00 for all contracts awarded to the successful bidders;

WHEREAS, Contractor was one of the successful bidders awarded a contract to provide non-exclusive mowing and grounds maintenance services to the City;

WHEREAS, the City and Contractor wish to set out terms of Contractor’s non-exclusive mowing and grounds maintenance services;

NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement, the City and Contractor hereby agree as follows:

SECTION 1

CONTRACT DOCUMENTS

The contract documents include the following:

1. This Non-Exclusive Mowing and Grounds Maintenance Services Agreement

2. Exhibit A – Contract Specifications

3. Exhibit B – Price Schedule

4. Exhibit C - Locations

5. Exhibit D – Insurance Requirements

All Exhibits attached hereto are incorporated herein and are made a part of this Agreement for all purposes. In the event of any conflict between the Exhibits and the terms and conditions of this Agreement, this Agreement controls. DRAFT

SECTION 2

SCOPE OF WORK

2.1 Contractor will provide mowing and grounds maintenance services (“Services”) to the City for certain Citywide Unimproved Alleyway Locations (each a “Project Area” and, collectively, “Project Areas”) in accordance with this Agreement, including all exhibits and attachments.

2.2 Contractor understands and agrees that the City will award non-exclusive purchase agreements to multiple bidders for mowing and grounds maintenance services as outlined in the Bid, which is on file with the City’s Purchasing Department. Contractor further understands that the aggregate not to exceed amount of all contracts awarded to multiple contractors under the Bid will be in the amount of One Million and Nine Hundred Twenty Eight Thousand Dollars and Zero Cents ($1,928,000.00), and the City makes no promise or guarantee of the total amount of work that will be assigned to Contractor under this Agreement.

2.3 The City will issue a written work order, also known as a “service request”, establishing the locations and schedule, to the Contractor for each Project Area to be completed by Contractor (“Work Order”). Contractor must perform the Services in accordance with each Work Order issued by the City. The City may issue an amended Work Order to address any changes in the work to be performed after a Work Order has been issued. Except as otherwise specified in this Agreement, the fee invoiced by the Contractor will be based upon the prices submitted by Contractor in Contractor’s Response.

SECTION 3

TERM OF AGREEMENT

3.1 Term. The term of this Agreement is effective beginning on February 20, 2027 and expires at 11:59 p.m. on February 19, 2025 (“Initial Term”), unless terminated earlier in accordance with the provisions of this Agreement. This Agreement may be renewed for five additional one-year periods upon written agreement of the City and Contractor (each a “Renewal Term”).

SECTION 4

INVOICES AND PAYMENT

4.1 The City will pay Contractor the fees established in the Price Schedule in accordance with the provisions of this Agreement. Contractor will not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional services. The City will not be liable for any additional expenses of Contractor not specified by this Agreement.

4.2 Contractor must submit typewritten or computer printed invoices to the City that includes the Contractor’s name, address and telephone number, and identify the service location, the agreed price for the Project Areas, and the City’s issued purchase order number. Contractor must submit all invoices to the City within two (2) weeks of completing the Services.

DRAFT

5.3 Contractor must submit all physical invoices to:

City of Fort Worth Park & Recreation Department Attention: Contract Mowing 100 Fort Worth Trail Fort Worth, TX 76102

Electronic invoices may be sent to the following email addresses:

CFWMowing@FortWorthTexas.gov & SupplierInvoices@FortWorthTexas.gov

4.4 The City may complete a visual inspection of the Services to verify that they were completed in accordance with this Agreement. City agrees to pay all invoices for accepted work within thirty (30) day of receiving the invoice. The City will only pay for work that is completed in accordance with the terms and specification contained in this Agreement. Contractor will not be paid for any Incomplete Work or for failure to complete a location within the Cycle dates for each mowing Cycle. The City will notify Contractor of any error in an invoice no later than the 21st day after the date the City receives the invoice.

SECTION 5

LIABILITY AND INDEMNIFICATION

5.1 CONTRACTOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND

ALL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY LOSS,

PROPERTY DAMAGE AND PERSONAL INJURY, OF ANY KIND OR CHARACTER,

WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE ACTS OR

OMISSIONS OF CONTRACTOR, OR ITS DIRECTORS, OFFICERS,

REPRESENTATIVES, AGENTS, SERVANTS, CONTRACTORS, EMPLOYEES,

PATRONS, GUESTS, INVITEES, OR PROGRAM PARTICIPANTS. CONTRACTOR

HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL

LIABILITY FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, PROPERTY

DAMAGE AND LOSS AND PERSONAL INJURY ARISING OUT OF OR IN

CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE SERVICES PERFORMED

BY CONTRACTOR UNDER THIS AGREEMENT.

5.2 INDEMNIFICATION – CONTRACTOR, AT ITS SOLE COST AND

EXPENSE, AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, PROTECT,

AND HOLD HARMLESS CITY AND CITY’S OFFICERS, REPRESENTATIVES,

AGENTS EMPLOYEES, AND SERVANTS (COLLECTIVELY, "INDEMNITEES")

FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES,

LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES

(INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND

COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING

OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON

OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE SERVICES

PERFORMED UNDER THIS AGREEMENT BY CONTRACTOR OR ANY OF ITS

OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES,

CONTRACTORS; (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY

PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE

OR IN PART BY ANY ACT OR OMISSION ON THE PART OF CONTRACTOR OR

ANY OF ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES,

CONTRACTORS; OR (3) BY ANY BREACH, VIOLATION OR NONPERFORMANCE

OF ANY COVENANT OF CONTRACTOR UNDER THIS AGREEMENT

(COLLECTIVELY, "LIABILITIES").

5.3 If any action or proceeding is brought by or against the City in connection with any such liability or claim, Contractor, on notice from City, must defend such action or proceeding at Contractor’s expense, by or through attorneys reasonably satisfactory to City.

5.4 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligations under this Section, such legal limitations are made a part of the indemnification obligation and will operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation will continue in full force and effect.

5.5 Contractor agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages related to Services performed under this Agreement. Contractor agrees to make its officers, representatives, agents, and employees available to City, at all reasonable times, for any statements and case preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder.

SECTION 6

INSURANCE REQUIREMENTS

6.1 Contractor must abide by the insurance requirements set forth in Exhibit C.

SECTION 7

AUDIT

7.1 Contractor agrees that the City will, until the expiration of three (3) years after the termination or expiration of this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of Contractor involving transactions relating to this Agreement. Contractor agrees that the City will have access during normal working hours to all necessary Contractor facilities and will be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City will give Contractor reasonable advance notice of intended audits.

7.2 Contractor further agrees to include in any contractor and subcontractor agreements hereunder a provision to the effect that the contractor and subcontractors agree that the City will, until the expiration of three (3) years after the expiration or termination of the contract or subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of such contractor or subcontractor involving transactions of the contract or subcontract, and further that City will have access during normal working hours to all contractor and subcontractor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City will give the contractor and subcontractor reasonable advance notice of intended audits.

SECTION 8

TERMINATION

8.1 Termination for Convenience. This Agreement may be terminated without cause by the City upon delivery of written notice to Contractor. This Agreement may be terminated without cause by the Contractor thirty (30) days after delivery to the City of written notice of such intent to terminate.

8.2 Termination for Cause. Unless stated elsewhere in this Agreement, Contractor will be in default under this Agreement if Contractor breaches any term or condition of this Agreement and such breach remains uncured after ten (10) calendar days following receipt of written notice from the City referencing this Agreement.

8.3 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any time during the term of the Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate the portion of the Agreement regarding such obligations to be effective on the later of (i) ninety

(90) calendar days following delivery by the City to Agreement of written notice of the City’s intention to terminate or (ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement.

8.4 Other Remedies. Any termination of this Agreement as provided in this Agreement will not relieve Contractor from paying any sum or sums due and payable to City under this Agreement that remains unpaid and due at the time of termination, or any claim for damages then or previously accruing against Contractor under this Agreement. Any such termination will not prevent City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Contractor for any default under the Agreement. All City’s rights, options, and remedies under this Agreement will be construed to be cumulative, and not one of them is exclusive of the other. City may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Agreement.

No such termination will relieve City from any obligation it may have to Contractor hereunder and City may pursue any and all rights and remedies or relief provided by law, whether or not stated in this Agreement.

SECTION 9

LICENSES AND PERMITS

9.1 Contractor must, at its sole expense, obtain and keep in effect all licenses and permits necessary for its operations.

SECTION 10

NOTICES

10.1 All notices required or permitted under this Agreement may be given to a party personally or by mail, addressed to such party at the address stated below or to such other address as one party may from time to time notify the other in writing. Any notice so given will be deemed to have been received when deposited in the United States mail so addressed with postage prepaid:

CITY: CONTRACTOR:

City of Fort Worth Contractor Name Park & Recreation Director Contractor Street Address 100 Fort Worth Trail Contractor City/State/Zip Fort Worth, Texas 76102

With copies to:

City Attorney’s Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102

Or to such other address as such party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto.

SECTION 11

NONDISCRIMINATION

11.1 Contractor will not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement, and Contractor represents and warrants that to the extent required by applicable laws, it is an equal opportunity employer and will comply with all applicable laws and regulations in any employment decisions.

SECTION 12

VENUE AND CHOICE OF LAW

12.1 Contractor and City agree that this Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas – Fort Worth Division.

SECTION 13

THIRD-PARTY RIGHTS AND ASSIGNMENTS

13.1 The provisions and conditions of this Agreement are solely for the benefit of the City and Contractor, and any lawful assign or successor of Contractor, and are not intended to create any rights, contractual or otherwise, to any other person or entity.

13.2 Contractor agrees that it will not subcontract or assign all or any part of its rights, privileges or duties hereunder without the prior written consent of the City, and any attempted subcontract or assignment of same without such prior consent of the City will be void.

SECTION 14

BINDING COVENANTS

14.1 Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereunder are declared to be for the benefit of and binding on their respective successors, representatives and permitted assigns, if any.

SECTION 15

INDEPENDENT CONTRACTOR

15.1 It is expressly understood and agreed that Contractor and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers will operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. Contractor acknowledges that the doctrine of respondeat superior will not apply as between the City and its officers, representatives, agents, servants and employees, and Contractor and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. Contractor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that the City will in no way be considered a Co-employer or a Joint employer of Contractor or any employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers of Contractor. Neither Contractor, nor any officers, agents, servants, employees or subcontractors of Contractor will be entitled to any employment benefits from the City. Contractor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers.

SECTION 16

AMENDMENTS, CAPTIONS, AND INTERPRETATION

16.1 Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may not be modified or amended except upon execution of a written amendment to this Agreement executed by the Assistant City Manager and Contractor and filed with the City Secretary’s Office.

16.2 Captions and headings used in this Agreement are for reference purposes only and will not be deemed a part of this Agreement.

16.3 In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement will be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement.

SECTION 17

GOVERNMENTAL POWERS AND IMMUNITIES

17.1 It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities.

SECTION 18

AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES

18.1 By executing this Agreement, Contractor’s agent affirms that he or she is authorized by Contractor or its general partner to execute this Agreement and that all representations made herein with regard to Contractor’s identity, address, and legal status are true and correct.

18.2 This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, “electronic signature” means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign.

SECTION 19

SEVERABILITY AND NO WAIVER

19.1 It is agreed that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision will in no way affect any other covenant, condition or provision does not materially prejudice either Contractor or City in connection with the right and obligations contained in the valid covenants, conditions or provisions of this Agreement.

19.2 The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder will not constitute a waiver of that party’s right to insist upon appropriate performance or to assert any such right on any future occasion.

SECTION 20

COMPLIANCE WITH LAWS

20.1 This Agreement is subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City’s Charter and ordinances, as amended.

20.2 If City notifies Contractor or any of its officers, agents, employees, contractors, or subcontractors, of any violation of such laws, ordinances, rules or regulations, Contractor must immediately desist from and correct the violation.

SECTION 21

SOLE AGREEMENT

21.1 This Agreement, including any exhibits attached hereto and any documents incorporated herein, contains the entire understanding and agreement between the City and Contractor, and any lawful assign and successor of Contractor, 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.

SECTION 22

PROHIBITION ON BOYCOTTING ISRAEL

22.1 Contractor 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” will have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not boycott Israel;

and (2) will not boycott Israel during the term of the contract.

SECTION 23

PROHIBITION ON BOYCOTTING ENERGY COMPANIES

23.1 Contractor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company” and “company” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement.

SECTION 24

PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION

INDUSTRIES

24.1 Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it:

(1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms “discriminate,” “firearm entity” and “firearm trade association” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement.

SECTION 25

IMMIGRATION NATIONALITY ACT

25.1 Contractor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor will provide City with copies of all I- 9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR WILL

INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,

LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY

CONTRACTOR, CONTRACTOR’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR

LICENSEES. City, upon written notice to Contractor, will have the right to immediately terminate this Agreement for violations of this provision by Contractor.

SECTION 26

FORCE MAJEURE

26.1 City and Contractor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God;

acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances;

other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, “Force Majeure Event”). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party’s performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 10 of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement in multiples in Tarrant County, Texas. EXECUTED to be effective on the date set forth in Section 3.

CITY OF FORT WORTH CONTRACTOR

By: ________________________ By: ________________________ Dana Burghdoff Contractor Name Assistant City Manager Contractor Title

Recommended:

Teresa Thomason, Deputy Director Park & Recreation Department

Joel W. McKnight, Assistant Director Park & Recreation Department

APPROVED AS TO FORM AND LEGALITY:

Hye Won Kim Assistant City Attorney

ATTEST:

Jannette S. Goodall City Secretary

M&C:

Form 1295:

Contract Compliance Manager:

By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including all performance and reporting requirements.

Christopher Swindle Sr. Contract Compliance Specialist

EXHIBIT A

CONTRACT SPECIFICATIONS

1.0 GENERAL REQUIREMENTS

1.1 Contractor will provide mowing and grounds maintenance services ("Services") to the City (each a "Project Area" and, collectively, "Project Areas") in accordance with this Agreement, including all exhibits, which is attached hereto and incorporated herein for all purposes.

1.2 Following the award, additional service locations and/or services of the same general category that could have been encompassed in the award of this Agreement, and that are not already on the Agreement, may be added.

2.0 SPECIFICATIONS

2.1 The Services will consist of specific grounds maintenance activities at various locations Citywide. The Contractor is responsible for posting approved door-to-door flyers at least 3 days prior to servicing alleyway, mowing all vegetation between fences lines and entry/exit points, removing all trash and litter from each Project Area regardless if deemed illegal dumping, edging all curbs and sidewalks, and trimming all turf along pavement (including expansion cracks extending two (2) feet onto the pavement, curbs, on or around signs, posts, guard rails, sidewalks, and other obstacles). Hourly landscaping and litter only requests will be on an as-needed basis. Services will be provided based on the categories defined below:

3.0 DEFINITIONS

3.1 The following terms as used in this Agreement will have the meanings assigned to them:

3.1.1 Alley – A public right-of-way (see R.O.W.) intended to provide secondary access to property, utilities, or service functions, typically located to the rear of lots or buildings.

3.1.2 Brush – Shrubs, dense vegetation, prunings or other woody type plants.

3.1.3 Call Back – When a Contractor is requested to return to a Project Area to correct Incomplete Work.

3.1.4 Chemical Trimming - The use of an herbicide (such as Roundup and/or an approved equal containing a pre-emergent, such as Surflan or an approved equal) as an alternative to the physical removal or cutting of plant material from areas to be trimmed.

3.1.5 Clumped Grass Cuttings - Any accumulation of cut grass that, on the day of mowing, exceeds six (6) inches in height. These clumps are typically found in areas where mowing equipment has turned, reversing directions.

3.1.6 CRM – Customer Relationship Management software used for tracking of Service Requests tickets for work.

3.1.7 CSR – Customer Service Request, see CRM.

3.1.8 Cycle – Established time period in the mowing schedule for the mowing season. Each time period is defined by a beginning and ending date, during which all prescribed maintenance activities for each Project Area will be completed.

3.1.9 Department Contract Manager – City of Fort Worth employee assigned to manage the compliance, oversight and/or administration of the contract or project for their department of employment.

3.1.10 Designee – a City of Fort Worth employee assigned by the Department Contract Manager to assist with the compliance, oversight and/or administration of the contract of Project.

3.1.11 Diameter at Breast Height (DBH) – The diameter of a tree trunk measured at a point four and one-half feet above natural grade.

3.1.12 Door Flyer – A printed tool with information contained within designed to be hung directly on the door knobs or handles of residential or commercial properties. Use of alternative methods require approval from Contract Administrator at least 7 days in advance.

3.1.13 Door Hanger – See Door Flyer Definition

3.1.14 Hot Spot – Any area within the City of Fort Worth where urgent or non-urgent landscaping activities are requested. Priority determined by the Department Contract Manager or designee.

Contractor waiver of acceptance of hot spot assignment is allowed.

3.1.15 Illegal Dumping - The unauthorized disposal of litter or solid waste at a place that is not an approved solid waste site.

3.1.16 Inclement Weather - Any rainy/wet or icy weather, or when the condition of the soil is such that the rutting of property will occur and cutting of grass cannot be accomplished safely or in a manner that will not rut up or cause any damage to the turf.

3.1.17 Incomplete Work-The failure of Contractor to perform the Services in accordance with this Agreement.

3.1.18 Irrigation Systems – Any area that is supplied with water to maintain the health of the grass and/or vegetation. Irrigation system checks and associated irrigation repairs should be done in accordance with current industry standards. If the system requires a system check, a monthly status report may be required to be provided along with the invoice as determined by the contract administrator. Seasonal clock and zone adjustments shall be part of the regular irrigation system check procedure to ensure healthy plants, water conservation and prevention of wasted water on the roadways.

3.1.19 Irrigation Tech - Licensed by TCEQ as a Licensed Technician who can connect a landscape irrigation system to a water supply, including installing a backflow prevention device; and may maintain, alter, repair, service, or direct the installation of an irrigation system under the supervision of a licensed irrigator.

3.1.20 Licensed Irrigation Worker (Licenses Irrigator) - Fully licensed by TCEQ and can sell, design, consult, install, maintain, alter, repair, or service an irrigation system, including the connection of such system to a private or public, raw or potable water supply or any water supply. This includes water wells in unincorporated areas of the state.

3.1.21 Litter – Decayable waste from public or private establishment, residence, or vehicle including rubbish, refuse, trash, paper, glass, metal, organic waste, or other discarded material.

3.1.22 Maintenance Schedule - The time periods established by the City for the mowing season within which all prescribed maintenance activities for each area will be completed.

3.1.23 Mowing Height - The setting of mowing equipment to cut grass to a height of two (2) inches for project areas designated for 7- or 14- day mowing Cycles, to a height of four (4) inches for Project Areas designated for 21-, or more, day mowing Cycles, or as specified by the Contract Manager.

3.1.24 Mowing Map - A geographical map or image showing

designated areas where grounds maintenance services should occur for each Project Area. Special instructions must be followed on any mow map in conjunction with general maintenance instructions.

3.1.25 Mowing Season - The time period typically begins in March and ends in late November as determined annually by the Park & Recreation Department. Note: Typically, the mowing season will begin when grass and weeds start growing and the mowing season will end the latter part of November or after the first hard freeze.

3.1.26 Non-Mow Area - An area of land designated for wildflowers, flowers or natural regeneration of native grasses.

3.1.27 Ozone Action Date – 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 Commission on Environmental Quality (TCEQ) and are announced via television, radio and TX DOT highway information boards.

3.1.28 Planting bed maintenance – Areas of vegetation other than grass typically found surrounded by mulch. They must be maintained weed and litter free on each requested visit. Trimming of plants must be done in a fashion as to not harm or kill the plant. Care must be taken around all irrigation systems to prevent damage and loss of water.

3.1.29 Purchase Order – a City of Fort Worth written document, specifying the type of work, Contractor’s name, Project Areas, beginning and end dates, and comments.

3.1.30 Right of Way (R.O.W.) – Any adjacent strip of vegetation next to a parkway. A minimum of 10 feet of mowing is required unless otherwise stated on the mow map.

3.1.31 Service Request – A unique identifying number associated with a specific location.

3.1.32 Traffic Divider – A barrier placed between the lanes of a road to divide traffic moving in opposite directions. Also known as a median, roundabout or traffic separator.

3.1.33 Tree – any self-supporting woody perennial plant that will normally attain a trunk diameter of at least two inches and an overall height of at least six feet at maturity.

3.1.34 Trip Charge – An agreed upon fee approved by the Department Contract Manager or Designee.

3.1.35 Trash and Litter - Any debris within a Project Area including, but not limited to, paper, plastic, cans, bottles (including broken glass), cardboard, rags, bottle tops, tires, limbs and branches 4 inches or smaller in diameter, rocks, and other similar solid materials and foreign debris which are not intended to be present as part of the landscape. This is inclusive of the entire Project Areas, including streets, sidewalks, curbs, hillsides, ditches, creeks, etc. In accordance with City Ordinance, garage sale signs and/or bandit signs found in median areas are also considered Trash and Litter. Trash can liners will be of heavy-duty grade to prevent ripping and tearing when servicing.

3.1.36 Vegetation – Plant growth including grass, weeds, brush, vines, shrubs, and trees.

3.1.37 Windrow – A line of mown grass that is dense enough to remain in place during a mow cycle and can prevent future vegetation growth. TCEQ - Texas Commission on Environmental Quality.

4.0 EQUIPMENT

4.1 Contractor will have available all necessary equipment and materials upon arrival at a Project Area to perform the Services in this Agreement.

4.2 All equipment must be in good repair at all times and be operated by responsible employees.

4.3 Contractor must maintain sharp blades on all mowing equipment to cleanly cut, not tear, the blades of grass.

4.4 Contractor must supply a dedicated dumpster or trailer for proper disposal of all trash, litter, illegal dumping or any other debris. Proper disposal is required.

4.5 Contractor will not store equipment on property owned by the City. Contractor must remove all equipment from each Project Area immediately after completing the mowing and grounds maintenance.

5.0 PUBLIC NOTIFICATION

5.1 Prior to beginning maintenance on any alley, the Vendor shall prepare and hand deliver a notice/flyer of the pending maintenance to the front door of each residence or business that will be impacted by the work. The notice/flyer will be in English on one side and Spanish on the other side. All notices/flyers shall be approved by the City prior to being distributed.

5.2 The notice/flyer shall be hand delivered/posted three (3) calendar days prior to beginning any work activity along each street. The Vendor will not be allowed to begin maintenance on any alley until the notice/flyer is delivered to all residents of the affected area.

5.3 All work involved with the notification flyer shall be included in the unit price.

No additional compensation will be considered.

6.0 GROUNDS MAINTENANCE AND TRIMMING

6.1 The Contractor will inspect the alleyway prior to servicing and noting any caution tape or other identifying measures such as, but not limited to, cones or spray paint that clearly identify personal items or vegetation that are to be excluded from the overall Project Area. The Contractor will be liable for any damages done to properly identified areas excluded from the Project Area.

6.2 Contractor must remove all Trash and Litter from the entire Project Areas, prior to initiating any mowing. Failure to remove Trash and Litter prior to mowing will result in the Contractor being required to return to the site and remove all new Trash and Litter, as well as all Trash and Litter that was mowed over. Any paper, cans, or bottles (cut or broken) found during maintenance operations must be completely removed from the Project Areas immediately prior to proceeding with the maintenance of other areas. All Trash and Litter must be disposed of by the Contractor at an off-site location procured by the Contractor at his/her sole expense. A dedicated dumpster or trailer is required to properly haul off debris.

6.3 Trees and shrubs will be trimmed along the fence line ten (10) feet high and there will be no overhanging branches or vines in the alley less than ten (10) feet above the ground. Pruning will be done in accordance with the latest revision of the American National Standards Institute (ANSI) A300 standard, which by reference is hereby made a part of these specifications. All cuts shall be made so as to preserve the health and aesthetic value of the tree.

6.4 Trash barrels (if applicable) will be serviced on an as-needed basis and the liner replaced with a heavy-duty bag as to prevent rips and tears when servicing. The bag must fill the entire barrel or container and be properly secured.

6.5 Any areas that have been mowed must have Trash and Litter removed the same day the mowing occurs and mowed grass must be blown or swept off of all curbs, gutters, sidewalks, trails, and other hard surfaces.

6.6 Contractor must report any illegal dumping not collected, no later than the next business day after its discovery, to the Contract Manager.

6.7 All grass must be cut at the proper Mowing Height. The Contract Manager may make changes in the Mowing Height requirements.

6.8 Mowing below the proper Mowing Heights may result in scalping. The City may terminate this Agreement for Contractor's failure to mow at the proper Mowing Height. Contractor must pay all costs to repair damage caused by improper Mowing Heights.

6.9 Upon completion, a mowed Project Area must be free of Clumped Grass Cuttings, windrows, and tire/track ruts from equipment. Turf must be cut in a manner as to not scalp turf or leave areas of uncut grass, but to leave a crisp manicured finished appearance.

6.10 Removal of cut grass from turf areas will not be required, unless otherwise specified by the Contract Manager. Care must be taken to prevent discharge of grass clippings onto any surface, such as streets, curbs, gutters, parking lots, sidewalks, concrete pads, creeks, lakes, ponds, or adjacent properties.

6.11 All structures, trees, poles, tables, signs, fences, and shrub beds, are to be trimmed closely, where applicable. All trimming must be completed on the same day as all mowing operations. Special care must be taken when trimming around trees, as to not inflict damage to the bark of trees or any tree watering systems/TreeGators present. Any trees damaged by a contractor will be required to have tree guards installed at contractor expense.

6.12 Trim guards should be used on line trimmers when working around trees and ornamental shrubs. All trimming must be accomplished maintaining the required Mowing Height.

6.13 Trimming can be reduced by chemical edging, with prior written approval of the Contract Manager.

6.14 Chemical trimming, excluding glyphosate, is acceptable for the edging of all paved areas and trails; however, edged/treated area must never extend farther than 4" past the edge of the asphalt sidewalk and all dead grass/weeds must be removed.

Vendor must have appropriate licenses to apply chemicals and notify the Department Contract Manager or Designee if chemicals are to be used.

6.15 All vegetation in cracks, seams, and joints of paved areas such as sidewalks, medians, curbs, gutters (two (2) feet out from the curb), and driveways must be cut down to the pavement surface during the completion of each mowing Cycle, where applicable.

6.16 Dead grass should be removed after any herbicide application.

6.17 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. Contractor, or his/her representative, must have a copy of their pesticide license on file with the City of Fort Worth Contract Manager prior to the use of any herbicide.

6.18 Contractor must use reasonable care to avoid damaging buildings, equipment

(including but not limited to irrigation heads and valve boxes), or vegetation on City or any other public or private property.

6.19 The Contractor must assess the Project Areas to be mowed, prior to starting, and make necessary adjustments to mowing methods in order to avoid cutting or damaging irrigation heads.

6.20 If the Contractor's failure to use reasonable care causes damage to any property, the Contractor must replace or repair the damage, within 72 hours of notification, at no expense to the City. If the Contractor fails or refuses to make such repair or replacement, the Contractor will be liable for the cost, which may be deducted from payments made to the Contractor. Any trees damaged by a contractor will be required to have tree guards installed at contractor expense.

6.21 Contractors are not to use any motorized equipment between 6 A.M. and 10 A.M.

on Ozone Action Days, unless the equipment is electric uses propane, diesel, or compressed natural gas as a fuel source, or meets California Air Resources Board (CARB) revision #2 standards.

7.0 BLOWING OF GRASS/DEBRIS

7.1 Chapter 12.5, Section 12.5-302, subsection (a) of the City Code provides that a person commits an offense if the person introduces or causes to be introduced into the MS4 (Municipal Separate Storm Sewer System) any discharge that is not composed entirely of storm water. Contractor will not blow grass clippings and other debris into creeks, lakes, ponds, or the adjoining street or roadway, or against fence lines.

Mowing should be accomplished by discharging grass away from streets, parking lots, or other roadways. Any grass clippings deposited onto the sidewalk, fence line, gutter, or roadway, must be removed. Sidewalks, gutters, and roadways must be clean or have the appearance of being swept.

8.0 EDGING OF HARDSCAPES

8.1 Edging of sidewalks, driveways, and curbs, will be accomplished so that grass and weeds neither extend over the edge of the walks, trails, drives, or curbs more than one inch, nor cut back from the edge of walks, trails, drives, or curbs more than one inch. All concrete sidewalks, trails, curbs, walking paths, and steps must be mechanically edged, exposing the concrete surface. The Contractor may use a disc edger on a mower or similar device to edge the median as long as the produced edge meets the standard set forth in this section. All materials dislodged by edging must be removed from the site or blown back onto grass areas, as to leave a clean appearance. Concrete sidewalks must be edged on both sides.

9.0 TREES AND SHRUBS

9.1 Trees and shrubs will be trimmed along the fence line ten (10) feet high and there will be no overhanging branches or vines in the alley less than ten (10) feet above the ground. Pruning will be done in accordance with the latest revision of the American National Standards Institute (ANSI) A300 standard, which by reference is hereby made a part of these specifications. All cuts shall be made to preserve the health and aesthetic value of the tree. No pruning of any tree overhanging private property lines will be permitted. Broken limbs or tree debris, along with any trash or litter, must be removed from the entire Project Areas within 24 hours. If applicable, mulch rings must be reshaped prior to leaving a Project Area when dislodged by mowing equipment. Failure to replace damaged trees will be considered a breach of this Agreement and the Contractor will be assessed for damages. Slight or moderate damages to trees will result in assessment of damage.

9.2 The Contractor will check trees in the Project Areas before work begins and report any damage to trees to the Contract Manager. If a contractor damages a tree, they will be required to install tree guards at their expense.

9.3 The Contract Manager will conduct random checks of the trees during the Initial Term and any Renewal Term of the Agreement.

9.4 A check of all trees may be made by the City prior to the end of the Initial Term or any Renewal Term. City Forester, Contract Manager, and Contractor must attend the inspection.

9.5 Damages must be documented by memo to the City Forester with a copy to the contract file and the Contractor.

9.6 The Contractor may have the option of replacement or payment for severely damaged trees at a location to be designated by the Property Management Department.

Replacement must be made on caliper inch per caliper inch basis, with a minimum size replacement tree of 2 inch in caliper. The Contractor will be responsible for the planting, watering, mulching, and maintenance of replacement trees for a period not less than two years.

9.7 Any tree that does not survive the two-year established period must be compensated for by the Contractor to the Property Management Department at a rate of $200.00 per caliper inch.

9.8 Damages will be assessed at a rate of: $100.00 for each instance of slight damage to the tree(s), this is damage that may heal, examples include, but are not limited to, scaling of the trunk into the cambial layer 1" 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 the tree(s), which in the opinion of the City Forester contribute to the poor health and reduced longevity of the tree, examples include, but are not limited to, scaling of the trunk into the cambial layer greater than 2" but less than 1/3 of 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 the payment of damages in the amount of $200.00 per diameter inch of trees removed or damaged for trees less than 30", $400.00 per diameter inch of trees greater than 30". Severe damage or removal must include, but is not limited to, scarring of the trunk to the cambial layer greater than 1/3 trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch greater than 1/3 trunk caliper. Branches must be measured at the point of attachment or at the lateral to which the branch would be pruned back according to the ANSI standards. Trees greater than 6" in caliper must be measured using diameter at breast height (DBH). In addition to any penalties or damages assessed by the Property Management Department, trees severely damaged or removed will 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 will be removed by the Forestry Section Tree Removal Contractor at the Mowing Contractor's expense.

9.9 Failure to replace or pay for damaged trees will result in a breach of contract and the…