Item 4M - C Green Scaping Sod ContractCSC No. 59741
NON-EXCLUSIVE VENDOR SERVICES AGREEMENT
This NON-EXCLUSIVE 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 C. Green Scaping, LP. ("Vendor"), a Texas Corporation and acting by and through its
duly authorized representative, each individually referred to as a "party" and collectively referred to as
the `parties."
AGREEMENT DOCUMENTS:
This Agreement and supporting documents shall include the following:
1. Exhibit A — Scope of Services;
2. Exhibit B — Price Schedule;
3. Exhibit C — Verification of Signature Authority Form; and
4. Exhibit D — Insurance Requirements.
Exhibits A, B, C and D, 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-D
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 grass seed, sod and installation services on behalf of the Water Department
on an as -needed basis. Exhibit "A," - Scope of Services more specifically describes the services to be
provided hereunder.
2. TERM.
This Agreement shall begin on the Effective Date, as established herein, and shall expire one year
after, unless terminated earlier in accordance with this Agreement. City shall have the option, in its sole
discretion, to renew this Agreement, under the same terms and conditions, for up to four (4) one-year
renewal options.
3. COMPENSATION.
City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform
services under this Agreement in accordance with the provisions of this Agreement and Exhibit "B," — Price
Schedule. Total payment made under this non-exclusive Agreement for the first year by City shall be
in the amount of Three Hundred Forty -One Thousand, One Hundred and Ninety -Nine Dollars and
Fifty Cents ($341,199.50). The Parties acknowledge that this is a non-exclusive agreement to provide City
with grass seed, sod and installation services and there is no guarantee of any specific amount of work.
Further, Vendor recognizes that the not to exceed amount mentioned above is the total amount of funds
available, collectively, for any Vendor that enters into an agreement with the City under Mayor and Council
Communication No. 23-0451 (6/13/2023) and that once the collected not to exceed amount has been
exhausted, funds have therefore been exhausted under this Agreement as well. Vendor shall not perform
Vendor Services Agreement (Rev.9.07.21) Page 1 of 13
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
any additional services or bill for expenses incurred for City not specified by this Agreement unless City
requests and approves in writing the additional costs for such services. City shall not be liable for any
additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in
writing.
4. TERMINATION.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2. Non-aGwropriation 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 Obli nations 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. 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.
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Vendor agrees that City shall, until the expiration of three (3) years after final payment under this contract,
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 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.
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, consultants 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,
Vendors 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 subcontractor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subcontractor
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 subcontractor.
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, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS (INCL UDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANYAND 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
Vendor Services Agreement (Rev.4.07.21) Page 3 of 13
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 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. Assimment. Vendor shall not assign or subcontract any of its primary 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 for primary duties, such
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.
Insurance requirements are found on Exhibit D.
Vendor Services Agreement (Rev.9.07.21) Page 4 of 13
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, subcontractors 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, SUBCONTRACTORS OR SUCCESSORS IN INTEREST,
VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY
AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement 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 electronic means with confirmation of the transmission, or (3) received by
the other party by United States Mail, registered, return receipt requested, addressed as follows:
To CITY:
To VENDOR:
City of Fort Worth C. Green Scaping, LP
Attn: Dana Burgdoff, Assistant City Manager Curtis J. Green, Vice President
200 Texas Street 2401 Handley Ederville Rd.
Fort Worth, TX 76102-6314 Fort Worth, Texas 76118
Facsimile: (817) 392-8654 Facsimile: N/A
With copy to Fort Worth City Attorney's Office at
same address
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.
Vendor Services Agreement (Rev.9.07.21) Page 5 of 13
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
16. NO WAIVER.
The failure of City or 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: acts of the
public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, 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 including its.
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.
Vendor Services Agreement (Rev.9.07.21) Page 6 of 13
23. ENTIRETY OF AGREEMENT.
This Agreement, including its Exhibits, 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.
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
Vendor Services Agreement (Rev.9.07.21) Page 7 of 13
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. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL.,
Vendor unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas
Government Code, if Vendor has 10 or more full time -employees and the contract value is $100,000 or
more, 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 verification to the City that if
Chapter 2271, Texas Government Code applies, 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
Vendor Services Agreement (Rev.9.07.21) Page 8 of 13
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 to be effective as of
the date subscribed by the City's Assistant City Manager ("Effective Date").
(signature page and exhibits follow)
Vendor Services Agreement (Rev.9.0721) Page 9 of 13
City of Fort Worth:
Cana r�cako#
By:
Dana Burghdoff (Ju 0, 202a ij.19 CDT)
Name: Dana Burgdoff
Title: Assistant City Manager
Date:
Approval Recommended:
��2
By: net B. Hale for (Jut 10, 202 0:18 CDT)
Name: Christopher P. Harder
Title: Water Director
Attest:
A
By:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
C. Green Scaping, LP
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By:
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Title:
Vice President
Date:
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: ��Q,d
Name: Regina Jones
Title: Contract Compliance Specialist
Approved as to Form and Legality:
uJa;
By:
Name: Jessika J. Williams
Title: Assistant City Attorney
Contract Authorization:
M&C: 23-0451 (6/13/2023)
1295:2023-1013516
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Vendor Services Agreement — Exhibit A (xev.9.07.21) Page 10 of 13
1.0
PART 2
SCOPE OF SERVICESISPECIFICATIONS
SCOPE
1.1 The City of Fort Worth (City) seeks bids to establish an annual agreement for grass seed
and sod, and installation services for the Water, Park and Recreation, and Transportation
and Public Works Department on an "as needed" basis. Prospective bidders should ensure
they download all attachments for complete responses and understanding of the
agreement the City intends to award from this solicitation. The successful bidder(s), known
hereafter as "Contractor"/" Vendor."
1.2 This Agreement shall begin on the date the City Secretary Contract is executed by the
Assistant City Manager ("Effective Date") and shall expire one year from that date,
("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial
Term"). Upon the expiration of the Initial Term, the Agreement shall automatically renew
under the same terms and conditions for up to four (4) one-year renewal periods, unless
City or Vendor provides the other party with notice of non -renewal at least 60 days before
the expiration of the Initial Term or renewal period. However, if funds are not appropriated,
the City may cancel the Agreement 30 calendar days after providing written notification to
the Contractor J Vendor.
1.3 Unit prices shall include all costs associated with the goods and services, including but not
limited to shipping, handling, fuel charges, fees and certifications fees. NO ADDITIONAL
CHARGES WILL BE ACCEPTED OR PAID BY THE CITY.
1.4 Following the award, additional services of the same general category that could have
been encompassed in the award of this Agreement, and that are not already on the
Agreement, may be added based on the discount offered and price sheet provided with the
bid.
1.5 Any specifications/requirements that have been omitted from this scope of service that are
clearly necessary or in conformance shall be considered a requirement although not
directly specified or called for in the scope of services.
1.6 The submission of a bid by the bidder shall be considered evidence of compliance with
these requirements.
TENTATIVE SCHEDULE OF EVENTS
TASK
ITB Release Date
Pre -Bid Conference
i Deadline for Questions
Answers Posted
ITB Responses Due Date
DATE
Februar, 21, 2023
March 2, 2023 at 1:OOPM , Local Time)
March 6, 2023 at 5PM i. Local Time)
March 8, 2023
March 16, 2023 AT 1:30 p.m. (Local
Time)
ITB 23-0034
Grass Seed and Sod, and Installation Services
Page 14 of 35
M
5.3.3.1 Will be evaluated using: Attachment E — Bidder Qualification
Questionnaire, Attachment D — Reference Sheet, and feedback provided
by references
5.3.4 Extent to which the services meet the City's needs — up to 25 points
5.3.4.1 Will be evaluated using: Attachment E — Bidder Qualification Questionnaire
and documents specked in 14.2.5.
5.4 In order for the City to receive adequate coverage on its requirements as specified in the
solicitation, the City reserves the right to make multiple awards.
5.5 The City reserves the right to accept or reject in whole or in part any or all bids received
and to make an award on the basis of individual item, combination of items, or overall bid,
as it is deemed in the best interest of the City.
5.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to
performance record of bidder with the City itself, another municipal corporation of like size,
or private corporations during the past two-year period. Such precautions are deemed to be
in the public interest inasmuch as Vendor failure or inability to furnish items within the
prescribed time can create emergency situations and impose unnecessary hardship on
both the City as a municipal corporation and the public at large.
5.7 If Attachment B, Consideration of Location of Bidder's Principal Place of Business, is
completed by any Bidder, the City will review the Attachment to determine whether Local
Preference will apply to the award.
5.8 The City also reserves the right to reject the bid of a bidder who has previously failed to
perform properly or complete on time agreements of a similar nature.
SEED REQUIREMENTS
6.1 If your firm chooses to bid on Group B on the Price Submittal pages for seeds and hydro
mulching services, you must bid on all products and services within Group B. Failure to bid
on all items within the group will deem your bid response as non -responsive.
6.2 The City anticipates requesting the following seed types most frequently:
6.2.1
Common Bermuda
6.2.2
Princess 77 Bermuda
6.2.3
Winter Rye (Annual)
6.2.4
K-31 Fescue
6.2.5
Perennial Rye
6.2.6
TLC Tall Fescue
6.2.7
Rebel Fescue — Certified
6.2.8
Buffalo Grass
6.3 Common Bermuda Seed Hulled VNS
6.3.1
501b. bag
6.3.2
99.9% Weed Free
6.3.3
Pure Seed: 98.00%
6.3.4
Crop Seed: 00.20%
6.3.5
Inert: 1.75%
6.3.6
Weed Seed: 00.05%
6.3.7
Germination: 85% Perennial
ITB 23-0034
Grass Seed and Sod, and Installation Services
Page 16 of 35
6.4 Princess 77 Bermuda
6.4.1
25 lb. bag
6.4.2
99.9% Weed Free
6.5
Winter
Rye (Annual) Seed
6.5.1
50 lb. bag
6.5.2
Pure Seed: 97.75%
6.5.3
Crop Seed: 2.01 %
6.5.4
Inert: 00.08%
6.5.5
Weed Seed: 00.16%
6.5.6
Germination:90%
6.6
K-31 Fescue Seed
6.6.1
50 lb. bag
6.6.2
99.9% Weed Free
6.6.3
Purity:97%
6.6.4
Germination:90%
6.7
Perennial Rye Seed
6.7.1
50 lb. bag
6.7.2
99.9% Weed Free
6.8
TLC Tall Fescue Seed
6.8.1
50 lb. bag
6.8.2
99.9% Weed Free
6.9 Certified Rebel Fescue Seed
6.9.1 50 lb. bag
6.9.2 Seed will be for overseeing of golf course greens and athletic turf areas.
6.9.3 99.9% Weed Free
6.9.4 Purity:98%
6.9.5 Germination:90%
6.9.6 Treated with 1 W ounce of Apron Fungicide
6.10 Buffalo Grass 609 Seed
6.10.1 50 lb. bag
6.10.2 Contains 95%+ of live seed in the bag
6.10.3 Contains less than 2% of other seed in the bag
6.11 Sahara II Bermudagrass Seed
6.11.1 50 lb. bag
6.11.2 99.9% Weed free
7.0 HYDRO -MULCHING REQUIREMENTS
7.1 Seeding will consist of providing and planting hydro mulch seed or a mixture of seed of the
kind specified by the City at order placement.
ITB 23-0034
Grass Seed and Sod, and Installation Services
Page 17 of 35
7.2 Each variety will be separated into different containers or bags.
7.3 Seeded area will be watered by the Contractor as directed by the City to prevent washing
from slopes or dislodgement of the seed.
8.0 SOD AND SOD INSTALLATION REQUIREMENTS
8.1 If your firm chooses to bid on Group A on the Price Submittal pages for sod and sod
installation services, you must bid on all products and services within Group A. Failure to
bid on all items within the group will deem your bid response as non -responsive.
8.2 The Contractor shall be engaged in the regular business of selling grass sod even though
this may not be their exclusive product, since often times the City's requirement for grass
sod is of an immediate nature.
8.3 Sod shall consist of leaf blades and roots with healthy and virile system of dense, thickly
matted roots throughout the soil of the sod for a thickness of not less than three-quarters
(3/4") inch.
8.4 Sod shall be alive, healthy, vigorous, free of insects, disease, stones, and undesirable
foreign materials and grasses.
8.5 Sod shall be kept moist from the time it is dug until it is planted.
8.6 The grass shall have been mowed prior to sod cutting so that the height of the grass shall
not exceed two inches (2").
8.7 The City has the right to refuse sod at pick up or delivery and Contractor will not be entitled
to compensation if the condition of the sod is not fresh cut as required, is insect infested,
dried out, wilted, or delivered to required location late, (late shall be defined as in excess of
sixty minutes (60) of promised or requested delivery time), or in otherwise poor condition as
determined by the City.
8.8 The City anticipates requesting the following sod types most frequently:
8.8.1
Common Bermuda
8.8.2
St. Augustine
8.8.3
Tiff 419 Bermuda (Tifway 419)
8.8.4
Zoysia
8.8.5
Buffalo Grass 609
8.9 At a minimum, bidders must maintain an on -hand inventory of at least two (2) pallets of
each type of grass sod included in the bid.
8.10 There are two (2) different types of sod installations.
8.10.1 Sod Installation A —This type of sod installation requires the Contractor to only
install sod at the location designated by the City.
8.10.2 Sod Installation B — This option requires the Contractor to install sod, as well as,
prepare the soil prior to the installation as specified below in 8.10 at the location
designated by the City.
8.11 Soil preparation services shall be completed prior to the installation of sod. Soil preparation
services shall include, but are not limited to, the removal of existing sod to requested depth,
ITB 23-0034
Grass Seed and Sod, and Installation Services
Page 18 of 35
normally 1-2 inches in depth, adding compost or fresh top soil as required depending on
the thickness of sod being installed and leveling soil which will vary with slope or contour of
ground. The Contractor is also responsible for light grading defined as light hand raking to
remove small rocks, break up dirt clumps etc.
8.12 Sod shall be carefully placed edge to edge by hand with tightly fitted joints. Overlapping will
not be allowed.
8.13 The Contractor shall not install sod on saturated or frozen soils and shall avoid covering
stationary or permanent fixtures.
8.14 The Contractor shall water the sod immediately after the installation.
8.15 The Contractor shall water the sod after installation if requested by the department.
8.15.1 The Contractor shall use clean water, free of impurities or substances that might
injure the sod.
8.16 The Contractor shall provide the City with a before and after photo of each job to the City
staff person listed on the Purchase Order.
8.17 Upon request of the department, the Contractor shall provide a pamphlet or door hanger
with instructions for proper care and maintenance of the newly installed grass or sod.
9.0 REQUIRED EQUIPMENT
9.1 Contractor shall be equipped with proper tools and equipment to perform sod installation
and hydro -mulching services.
9.1.1 Tools shall include but are not limited to: hydro seeder, loader, lawn rollers, sod
cutters, measuring tape, leveling laser, hose and sprayer, wheelbarrows, and
miscellaneous hand tools.
9.1.2 The Contractor can rent equipment to perform sod installation and hydro -mulching
services, but owning the equipment is preferred, as it can expedite the
performance of services.
10.0 DELIVERY AND PERFORMANCE OF SERVICES
10.1 The seed and sod may be picked up by the City of Fort Worth City", delivered to the City
by the Contractor, or delivered to the City and installed by Contractor as directed by City
Departments.
10.2 All products shall be delivered and/or installed between normal business hours: 8:00 a.m.
to 5:00 p.m., Monday through Friday.
10.3 The Contractor shall not deliver orders or perform installations on City observed holidays
including:
10.3.1
New Year's Day
10.3.2
Martin Luther King Jr. Day
10.3.3
Memorial Day
10.3.4
Juneteenth
10.3.5
July 4th
10.3.6
Labor Day
ITB 23-0034
Grass Seed and Sod, and Installation Services
Page 19 of 35
Price Schedule —Exhibit B (Rev.9.07.21) Page 11 of 13
FORT WORTH.
BID SUBr1,ASSI0I -' SIGH `ATURE PAGE
Event ID Page Invited: PUBLIC EVENT DETAILS
_CFW01-23-0034 2
Event Round version Submit To: City of Fort Worth
1 1 _ FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE - City Hall Purchasing
ITB Grass Seed and sod. and Installation services 200 Texas St (Lower Level Rm 1500)
Start Time Finish Time Fort Worth TX 76102-6314
02/21/2023 08:00:00 CST 03/16 2023 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized to bind the respondent
to fully comply with the solicitation document contained herein. The Respondent, by submitting and signing below, acknowledges
that he/she has received and read the entire document packet sections defined above including all documents incorporated by
reference, and agrees to be bound by the terms therein.
Legal Company Name: C. Green Scaping, LP
Company Address: 2401 Handley Ederville Rd.
City, State, Zip: Ft. Worth, TX 76118
Vendor Registration No.: 0000008098
Printed Name of Officer or Authorized Representative: Curtis J. Green
Title: Vice President
Signature of Officer or Authorized Representative;_
Date: 3/16/2023
Email Address: cgreen@greenscaping.com
Phone Number. 817-577-9299
Federal Identification Number (FID): 75-2312913
Will agreement be available for Cooperative Agreement use? Yes X No
ITB 23-0034
Grass Seed and Sod, and installation Services
Page 2 of 35
FoR�r.
PRICE SUBIAITTAL
EventlD Page
CFW01-23-0034 3
Event Round Version
1 1
Event Name
ITB Grass Seed and Sod. and Installation Services
Start Time Finish Time
02121/2023 OB:OD:0o CST 03/16/2023 13:3D:DD CDT
Group A: Sod
Line: 1
Descri tion:
Sod, Common Bermuda
Line: 2
Descri0ion:
Sod Installation A, Common Bermuda, includes sod and
sod installation services
Line: 3
$o nsta a ivn B, Common Bermuda, includes sod and
sod installation services
LLine:[[ 4II
Q
So�SrI.tAugustine
Invited: PUBLIC EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - City Hail Purchasing
200 Texas St. (Lower Level Rm 1500)
Fort Worth TX 76102-6314
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
pty
Unit
SY
2690.00
Ct1(
1545.00
Unit
SY
aYY
1045.6d
Unit
SY
at
1556,00
Unit
SY
Line: 5
Despfl;-, An: _ Qjfyj�
Sod nstall''ation A, St. Augustine, includes sod and sod 1595.00
installation services
Line: 6
Description: _ a
Sod Installation B, St. Augustine, includes sod and sod 2025.00
installation services
Line: 7
Unit
SY
Unit
SY
Descri t!on: _ Qty Unit
Sod, Tiff 419 Bermuda (Tifway 419) 14600.00 SY
Line: 8
Description: OV Unit
Sod Installation A, Tiff 419 Bermuda (Tifway 419), includes 2000.00 SY
sod and sod installation services
ITB 23-0034
Grass Seed and Sod, and Installation Services
Page 3 of 35
UnitPrice
Total
2.40
6,456.00
UnitPrice
Total
5.35 I
8,265.75
UnitPrice
Total
5.80
6,061.00
UnitPrice
Total
4.40
6,820.00
UnitPrice
Total
7.35
110,433.75
UnitPrice
Total
7.80
15,795.00
UnitPrice
Total
12.50
36,500.00
UnitPrice
Total
5.45
10,900.00
ORT WORT i_..
PRICE SUBMITTAL
EventlD Pagel
CFWO1-23-0034 4J
Event Round Version
1 1
Event Name
ITS Grass Seed and Sod and Installation Services
Start Time Finish Time
02 21 2023 08:00:00 CST 03 16 2023 13:30:00 CDT
Invited: PUBLIC EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - City Hall Purchasing
200 Texas St. Lower Level Rm 1500)
Fort Worth TX 76102-6314
United States
Email: FMSPurchasingResponses@forlworthtexas.gov
Line: 9
ry tipr�
Q��YY
Unit
UnitPrice
Total
?D
Sod Installation B, Tiff 419 Bermuda (Ti(way 419),
2000.00
SY
includes sod and sod installation services
5.90 1
11,800.00
Line: 10
Description:
Unit
UnitPrice
Total
Sod, Zoysia
3050.00
SY
4.90 _
14,945.00
Line: 11
Description:
O v
Unit
UnitPrice
Total
Sod Installation A, Zoysia, includes sod and sod
15.�0
SY
installation services
7,85
117.75
Line: 12
Res w�intig�qq
Qtt
15.0�
Unit
SY
UnitPrice
Total
odIInstallation B, Zoysia, includes sod and sod
installation services
1 8,30
124.50
Line: 13
Ption:
nn
Unit
UnitPrice
Total
Res
od Buffalo Grass 609
15.00
SY
**Do not carry 609 this is for Prairie Buffalo**
14.90
73.50
Line: 14
Description:
Qty
Unit
UnitPrice
Total
Sod Installation A, Buffalo Grass 609, includes sod and
2A
SY
sod installation services
7,85
15.70
**Do not carry 609 this is for Prairie Buffalo"*
Line: 15
Descriatipn:
Qr-;
Unit
UnitPrice
Total
Sod Installation B, Buffalo Grass 609, includes sod and
2.06
SY
sod installation services
8.30
16.60
**Do not carry 609 this is for Prairie Buffalo**
Group B: Seed
Line: 16
Description:
Qrtt
Unit
UnitPrice
Total
Seed, Common Bermuda, 50 pound bag
3052.00
BG
435.00
1,327,620.0
Line: 17
Desc101on:
Q'v
Unit
_UnitPrice
Total
Seed, Princess 77 Bermuda, 25 pound bag
74.6b
BG
365.00
f
27,010.00 I
ITB 23-0034
Grass Seed and Sod, and Installation Services
Page 4 of 35
PRICE SUBMITTAL
Event ID Page
CFWO1-23-0034 _ 5�
Event Round Version
1 1 ,
Event Name
ITB Grass Seed -and Sod, and Installation Services
Start Time Finish Time
02 21 2023 OB:00:00 CST 03!16'2023 13:30:00 CDT _
Invited: PUBLIC EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - City Hall Purchasing
200 Texas St. (Lower Level Rm 1500)
Fort Worth TX 76102-6314
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 18
Description:
Q
Unit
UnitPrice
Total
Seed, Winter Rye, Annual, 50 pound bag
111100
BG
36.00
41,580.00
Line: 19
Description:
Q
Unit
UnitPrice
Total
Seed, K-31 Fescue, 50 pound bag
12RO
BG
98.00
11,956.00
Line: 20
Description:
Qr\\
Unit
UntPrice
Total
Seed, Perennial Rye, 50 pound bag
165.00
BG
9�5A0
15,675.00
Line: 21
Descr' top:
Rty
_ Unit
_ UnitPrice _
Total
Seed, TT �C iall Fescue, 50 pound bag
165.00
BG
166.00
127,390.00
Line: 22
Descri,rtiog:
Q .
52.�0
Unit
BG
UnitPrice
Total
Seed, Pe be[ Fescue, Certified, 50 pound bag
126.00
_
16,552.00 J
Line: 23
Description:
Unit
UnitPrice
Total
Seed, Buffalo Grass, 50 pound bag
10Qa0
BG
1,800.00 J
190,800.00
Line: 24
Description:
%ty _
Unit
UnitPrice
Total
Seed, Sahara II Bermudagrass, 50 pound bag
25.80
BG
225.00
5,625.00
Line: 25
Qes jrgotiqp
a�v
Unit
UnitPrice
Total
Services, Hydro -Mulching, includes mulch, fertilizer, and
30500.00
SY
installation services
0.81
24,705.00
Group C: Additional Products and Services
Line: 26
Descri ction: Qty Unit UnitPrice Total
Minimum Charge, for the installation of sod under 10 square 200. 0 FA
yards, includes sod and the installation 450.00 90,000.00
ITB 23-0034
Grass Seed and Sod, and Installation Services
Page 6 of 35
FORT WORTH.
PRICE SUB .'.ITTAL
Event ID Page
CFWOI-23-0034 6
Event Round Version
1 1
Event Name
ITB Grass Seed and Sod and Installation Services
Start Time Finish Time
02%21,,2023 08:00:00 CST 03 16 2023 13:30:00 CDT
Invited: PUBLIC EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - City Hall Purchasing
200 Texas St. Lower Level Rm 1500)
Fort Worth TX 76102-6314
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 27
Description:
Qtv
Unit
UnitPrice
Total
Services, Delivery, Bagged Seed and Sod
1.00
EA
50.00
LO.00
Line: 28
Deperiptior):
Qryry
Unit
UnitPrice
Total
Asian Jasmine
100b.00
SF
4.50
4,500.00
Line: 29
D scrirhion:
Q�tyy
Unit
UnitPrice
Total
rass, Mondo or Monkey
1506.00
SF
4.90
7,350.00
Line: 30
Qtv
Unit
UnitPrice
Total
FescriptiQn:
Services, Sod Watering, Additional
5300.00
SY
1.00
5,300.00
Line: 31
Description:
Qtv
Unit
UnitPrice
Total
Labor Rate, Hourly, TCEQ Licensed Irrigator
40.00
HR
68.00 1
2,720.00
Line: 32
Desc i tip
Q'.},
Unit
UnitPrice
Total
Labor ate, Hourly, Irrigator Helper
40.80
HR
53.00
2,120.00
Line: 33
Description:
Qtv
Ur. ,
UnitPrice
T6M!
Temporary Irrigation Materials; Cost Plus 15 %
2000.00
DO
Markup. Quantity listed is the estimated annual cost. An
0.15
300.00
example of the total to be listed on this line item
is $2,000 + $200 (10% MARKUP) = $2,200.00
Total Bid Amount:
2,019,577.55
A bid of "0" will be interpreted by the City as a no -charge (free) item and the City will not expect to pay for that item. A bid of
.no bid" or no response (space left blank) will be interpreted by the City that the Offeror does not wish to bid on that item.
Be advised, a "no bid' or no response may be considered as non -responsive and may result in disqualfcation of this bid.
All other products can be purchased at a a discount off the Vendor's Price List. If no discount is offered, please,
fill in "0".
Prompt Payment Discount Terms: U Percent U Days (i.e. 3% Net 15, etc.)
ITB 23-0034
Grass Seed and Sod, and Installation Services
Verification of Signature Authority Form —Exhibit C (Rev.9.07.21) Page 12 of 13
Exntnr i C
VERIFICATION OF SIGNATURE AUTHORITY
C. Green Scaping, LP
Curtis J. Green
2401 Handley Ederville Rd.
Fort Worth, Texas 76118
Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or
change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation
set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an
updated Form within ten (10) business days if there are any changes to the signatory authority. City is
entitled to rely on any current executed Form until it receives a revised Form that has been properly executed
by Vendor.
1. Name: t-ti5 erx >✓je?-/
Position:
Signature
2. Name:
Position:
Name:
Position:
Signature
Signature
Name:
Signature
of
Other Title: V. %
Date: % I-,71Q
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loft
Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos, 1, 2, 3, 5, and 6 if there are no Interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2023-1013516
C. Green Scaping, LP
Ft. Worth, TX United States Date Fled:
2 Name or governmental entity or state agency that is a party to the contract for which the form is 04/27/2023
being filed.
City of Fort Worth Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
ITB 23-0034
Grass Seed and Sod, and Installation Services
4
Name of Interested Party
Ruiz, Cathleen
Green, Curtis
C&C Green Enterprises, LLC
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is Curtis J. Green
My address is 2401 Handley Ederville Rd.
(street)
City, State, Country (place of business)
FT WORTH, TX United States
FORT WORTH, TX United States
FT WORTH, TX United States
I
Nature of interest
(check applicable)
Controlling Intermediary
X
X
, and my date of birth is 11 /4/66
Ft. Worth TX 76118 USA
(CRY) (state) (zip code) (country)
declare under penalty of perjury that the foregoing is true and correct,
Executed in Tarrant County County, State of Texas on the 27 day of April 20 23
Forms provided by Texas Ethics Commission
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
www.ethics.state.tx.us Version V3.5.1.7WMW4
Department Budgeted Amount
Park & Recreation $124,500.00
Transportation & Public Works $53,699.50
Water $163,000.00
DVIN-BE: A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the Business
Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible.
AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and expire one year from that date.
RENEWAL TERMS: This agreement may be renewed for four additional, one-year terms at the amounts authorized through this Mayor & Council
Communication. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to
satisfy the City's obligations during the renewal term.
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by
relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated.
FISCAL INFOR AM TION / CERTIFICATIO 111 ,,
The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Stormwater Utlity,
Water & Sewer, Municipal Golf and General Funds and in the current capital budget in the Stormwater Capital Projects Fund for the SW Minor
Repair & Renov-Paving project to support the approval of the above recommendation and execution of the agreements. Prior to any expenditure
being incurred, the Water, Transportation & Public Works and Park & Recreation Departments have the responsibility to validate the availability of
funds.
Submitted for Cis , Manacmes Office bv: Reginald Zeno
Oriainatina Business Unit Head
Dana Burghdoff
Reginald Zeno
8517
8018
8517
Christopher Harder 5020
Additional Information Contact: Jo Ann Gunn 8525
Alyssa Wilkerson 8357
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/13/23 M&C FILE NUMBER: M&C 23-0451
LOG NAME: 13P ITB 23-0034 GRASS SEED AND SOD AND INSTALL SERVICE AW WATER
SUBJECT
(ALL) Authorize Execution of Agreements with C. Green Scaping, LP and North Texas Hydromulch & Landscaping Services, LLC for Grass Seed,
Sod, and Installation Services forthe Water, Transportation & Public Works, and Park & Recreation Departments in a Combined Annual Amount
Up to $341,199.50 and Authorize Four One -Year Renewals in the Amount of $358,259.00 for the First Renewal, $376,172.00 for the Second
Renewal, $394,981.00 for the Third Renewal, and $414,730.00 for the Fourth Renewal
RECOMMENDATION'
It is recommended that the City Council authorize execution of agreements with C. Green Scaping, LP and North Texas Hydromulch &
Landscaping Services, LLC for grass seed, sod, and installation services for the Water, Transportation and Public Works, and Park & Recreation
Departments in a combined annual amount up to $341,199.50 and authorize four, one-year renewals in the amount of $358,259.00 for the first
renewal, $376,172.00 for the second renewal, $394,981.00 for the third renewal, and $414,730.00 for the fourth renewal.
D;SCUSSION:
The Water, Transportation & Public Works, and Park & Recreation Departments approached the Purchasing Division for assistance with securing
an agreement for grass seed, sod, and installation services on an as -needed basis. Under the proposed agreements, the vendors will provide
grass seed and sod, and installation services on residential and commercial properties throughout the City of Fort Worth. Purchasing issued an
Invitation to Bid (ITB) that consisted of detailed specifications including the certification and licensing requirements of prospective vendors, the
equipment required to perform services, and the response time needed to ensure services are performed in a timely manner.
The ITB was advertised in the Fort Worth Star -Telegram on February 22, 2023, March 1, 2023, March 8, 2023, and March 15, 2023. The City
received three responses. Justin Seed Co. was deemed non -responsive due to not bidding on all required line items.
An evaluation panel consisting of representatives from the Water, Transportation & Public Works, and Park & Recreation Departments reviewed
and scored the submittal using Best Value criteria. The individual scores were averaged for each of the criteria and the final scores are listed in the
table below.
II Bidder Evaluation Factors
!J a II b I c II d I Total score
�JC. Green Scaping, LP {11.50{{10.50{[13.75{(35.00{ 70.75
North Texas Hydromulch & Landscape Services LLC 11.50 10.00 13.13 31.70 { 66.33
Best Value Criteria:
a. Contractor's Qualifications and Experience
b. Contractor's ability to deliver products and perform services in a timely manner
c. Extent to which the services meet the City's needs
d. Cost of service
After evaluation, the panel concluded that C. Green Scaping, LP and North Texas Hydromulch & Landscaping Services, LLC presented the best
value. Therefore, the panel recommends that Council authorize agreements with C. Green Scaping, LP and North Texas Hydromulch &
Landscaping Services, LLC. No guarantee was made that a specific amount of services would be purchased. Staff certifies that the
recommended vendors' bids met specifications.
Due to inflation and supply chain concerns, staff recommends the total compensation for each annual renewal term be increased by 5% to ensure
the City is able to meet demand. The total compensation for the initial term of the contracts shall not exceed $341,199.50, $358,259.00 for the first
renewal, $376,172.00 for the second renewal, $394,981.00 for the third renewal, and $414,730.00 for the fourth renewal.
FUNDING: The maximum amount allowed under this agreement for the initial term will be $341,199.50; however, the actual amount used will be
based on the need of the department and available budget
Funding is budgeted in various accounts of the Water, Transportation & Public Works and Park & Recreation Operating Funds and in the SW
Minor Repair & Renov-Paving project within the StonTwater Capital Projects Fund.
Certificate of Insurance — Exhibit D (Rev.9.07.21) Page 13 of 13