The URL can be used to link to this page

CM-12-03-039ROUND ROCK, TEXAS PURPOSE. MSSIOIL PROSPERITY Consider a resolution authorizing the Mayor to execute "Agreement for Purchase of Grounds Maintenance Services" with Maldonado Nursery and Landscaping, Inc. Cii_1z._o35iREcEIvEo City Geancit-Approval Form FEB 2 21011 Item Caption: Approval Date: March 8, 2012 Department Name: Parks and Recreation Department Staff Person making presentation w/ Title: Rick Atkins, Director of Parks and Recreation Assigned Attorney: J. Kay Gayle Item Summary: The additional impacts of the Play for All Abilities Park, Main Street Plaza, Buck Egger Park Improvements and the Municipal Office Complex Plaza requires additional resources to maintain current service levels. Staff identified the use of contracted services as the most favorable to the City. The execution of this contract provides mowing services to seven (7) existing linear parks, neighborhood parks, and the Sam Bass Cemetery, which is approximately 1,130 acres, mowed annually. Providing for seasonal mowing at these parks allows staff to be reallocated to the additional parks and facilities without the added head count and minimal equipment. The contract also provides the City with the flexibility of quick or delayed cycles based on vegetation growth and climatic conditions. The contractor was selected using the best value method led by the Purchasing Department. Bids were received from 13 responsible bidders. No. of Originals Submitte Project Name: Cost: Source of Funds: Grounds Maintenance Maldonado Landscaping and Nursery, Inc. $42,958.62 General Fund Source of Funds (if applicable): General Fund Account Number: 5283-100-23003 Finance Director Approval: Cheryl Delaney Department Director Approval: Date: 2/22/12 Date: 2-22-12, **Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. ** CIP Budget [] Purchasing El El Accounting N/A OK N/A OK � N/A OKOK ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL REV. 6/20/11 V i. CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GROUNDS MAINTENANCE SERVICES WITH MALDONADO NURSERY & LANDSCAPING, INC. THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUNTY OF TRAVIS KNOW ALL BY THESE PRESENTS: THIS AGREEMENT (referred to herein as the "Agreement"), is for grounds maintenance services on certain of the City's properties comprising parkland and linkages, and is made by and between the CITY OF ROUND ROCK, a Texas home -rule municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as the "City"), and MALDONADO NURSERY & LANDSCAPING, INC., whose corporate offices are located at 16348 Nacogdoches Road, San Antonio, Texas 78247 and whose branch offices are located at 9800 Brown Lane, Austin, Texas 78754 (referred to herein as "Maldonado" or the "Services Provider"). RECITALS: WHEREAS, City has determined that there is a need for the delineated services; and WHEREAS, City desires to contract for such services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The term of this Agreement shall be for five (5) consecutive twelve-month periods from the effective date hereof. After that term, this Agreement may be renewed for two (2) successive twelve- month periods, under the same terms and conditions, only upon the express written agreement of both parties, and only provided the Services Provider has performed each and every contractual obligation specified in this Agreement. Prices shall be firm for the duration of this Agreement and for any renewal periods. No separate line item charges shall be permitted for invoicing purposes, including but not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other extraneous charges. City may permit price adjustments to the Cost Per Acre based on the US Bureau of Labor Statistics Landscaping and Groundskeeping Workers Occupational Employment and Wages Index located at the following web address: http://www.bls.gov/oes/current/oes373011.htm. Any price increase shall be requested by 24289!/jkg r.M-IL- 63-o31 Services Provider in writing and accompanied by the appropriate documentation to justify the requested increase, and shall conform to allowable percentage changes and to all requirements delineated in IFB Solicitation Number 12-001, Specification Number 988-36, dated October 2011, attached hereto as Exhibit "A" and incorporated herein by reference for all appropriate purposes. Services Provider may offer price decreases in excess of the allowable percentage changes. City reserves the right to review the services at any time, and may elect to terminate with or without cause or may elect to continue with the services. 2.01 CONTRACT AMOUNT; AND SCOPE OF WORK Contract Amount. In consideration for the grounds maintenance services to be performed by Services Provider, City agrees to pay Services Provider the following amounts per year of this Agreement: For Project Areas Group #1 Cost per acre $38.00 x 1,130.49 acres for estimated 12 cycles for linear parks/linkages and estimated 18 cycles for neighborhood parks, per season TOTAL: $42,958.62 per contract year Scope of Work: For purposes of this Agreement, City has issued documents delineating the required services (specifically IFB Solicitation Number 12-001, Specification Number 988-36, dated October 2011; Attachment A "City of Round Rock Insurance Requirements;" and "Grounds Maintenance Services Project Areas Groups 1 — 3,"). Services Provider has issued its response agreeing to provide all such required services in all specified particulars. All such referenced documents are included in Exhibit "A" attached hereto and made a part hereof for all purposes. When taken together with the appended exhibits, this Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Services Provider shall satisfactorily provide all services described under the attached exhibits within the contract term specified in Section 1.01. Services Provider's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Services Provider has been specifically engaged. Services Provider shall perform its services in accordance with this Agreement, in accordance with the appended exhibits, in accordance with due care, and in accordance with prevailing industry standards for comparable services. 3.01 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS Payment for Services: In consideration for the grounds maintenance services to be performed by Services Provider, City agrees to pay as delineated in Section 2.01. Payment for Reimbursable Expenses: There shall be no payment for reimbursable expenses in this Agreement. Not -to -Exceed Total: Unless subsequently changed by additional Supplemental Agreement to this Agreement, duly authorized by appropriate City Council or City Manager action, Services Provider's total compensation under this Agreement shall not exceed $42,958.62 per year of the Agreement. This amount represents the absolute limit of City's liability to Services Provider hereunder unless same shall be changed by additional Supplemental Agreement, and City shall pay, strictly within the confines of the not -to -exceed sum recited herein, Services Provider's fees for work done on behalf of City. 2 i Deductions: No deductions shall be made for Services Provider's compensation on account of penalty, liquidated damages or other sums withheld from payments to Services Provider. Additions: No additions shall be made to Services Provider's compensation based upon any claims, whether paid by City or denied. Supplemental Agreements: The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Services Provider shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Services Provider shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement, and City shall not be responsible for actions by Services Provider nor for any costs incurred by Services Provider relating to additional work not directly authorized by Supplemental Agreement. 4.01 TERMS OF PAYMENT Invoices: To receive payment, Services Provider shall prepare and submit monthly detailed invoices to City for services rendered. Each invoice for grounds maintenance services shall detail the services performed, along with documentation for each service performed. All payments to Services Provider shall be made on the basis of the invoices submitted by Services Provider and approved by City. Such invoices shall conform to the schedule of services and costs in connection therewith. Should additional backup material be requested by City, Services Provider shall comply promptly. In this regard, should City determine it necessary, Services Provider shall make all records and books relating to this Agreement available to City for inspection and auditing purposes. If City has any dispute with work performed, then City shall notify Services Provider within thirty (30) days after receipt of invoice. In the event of any dispute regarding the work performed, then and in that event Services Provider shall either (a) satisfactorily re -perform the disputed services or (b) provide City with an appropriate credit. Payment of Invoices: City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Services Provider and to adjust same to meet the requirements of this Agreement. Following approval of invoices, City shall endeavor to pay Services Provider promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 8.01 herein. Under no circumstances shall Services Provider be entitled to receive interest on payments which are late because of a good faith dispute between Services Provider and City or because of amounts which City has a right to withhold under this Agreement or state law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Services Provider's net income. Offsets: City may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to City from Services Provider, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. 3 5.01 LIMITATION TO SCOPE OF WORK Services Provider and City agree that the scope of services to be performed is generally enumerated in the attached exhibits. Notwithstanding anything herein to the contrary, the parties agree that City retains absolute discretion and authority for all funding decisions, such decisions to be based solely on criteria accepted by City which may be influenced by but not be dependent on Services Provider's work. 6.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently - negotiated "piggyback" procurements. 7.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Services Provider a written notice of termination at the end of its then -current fiscal year. 8.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Services Provider will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. Services Provider may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: (1) There is a bona fide dispute between City and Services Provider, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or (2) There is a bona fide dispute between Services Provider and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or (3) The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or 4 (4) The invoice is not mailed to City in strict accordance with any instructions on the purchase order relating to the payment. 9.01 TERMINATION This Agreement may be terminated for any of the following conditions: (1) By City for reasons of its own, with or without cause, and not subject to the mutual consent of any other party, such written termination notice to be given to the other party not less than thirty (30) days prior to termination. (2) By mutual agreement and consent of the parties, such agreement to be in writing. (3) By either party for failure by the other party to perform the services set forth herein in a satisfactory manner, such termination notice to be given in writing to the other party. (4) By either party for failure by the other party to fulfill its obligations herein. (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter by paid to Services Provider. City shall pay Services Provider for all uncontested services performed to date of notice of termination. If either party defaults in performance of this Agreement or if City terminates this Agreement for default on the part of the other party, then City shall give consideration to the actual costs incurred by Services Provider in performing the work to the date of default. The termination of this Agreement and payment of an amount in settlement as set forth above shall extinguish all rights, duties, and obligations of City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to cancellation. 10.01 INDEPENDENT CONTRACTOR STATUS Services Provider is an independent contractor, and is not City's employee. Services Provider's employees or subcontractors are not City's employees. This Agreement does not create a partnership, employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other party. Services Provider and City agree to the following rights consistent with an independent contractor relationship: (1) Services Provider has the right to perform services for others during the term hereof. (2) Services Provider has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed. (3) Services Provider has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Services Provider or its employees or subcontractors shall perform services required hereunder, and City shall not hire, supervise, or pay assistants to help Services Provider. (5) Neither Services Provider nor its employees or subcontractors shall receive training from City in skills necessary to perform services required by this Agreement. (6) City shall not require Services Provider or its employees or subcontractors to devote full time to performing the services required by this Agreement. (7) Neither Services Provider nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. 11.01 NON -SOLICITATION All parties hereto agree that they shall not directly or indirectly solicit for employment, employ, or otherwise retain staff of the other during the term of this Agreement. 12.01 WARRANTIES Services Provider warrants that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed in a professional and workmanlike manner. Services Provider shall re -perform any work not in compliance with this warranty. 13.01 INDEMNIFICATION Services Provider agrees to hold harmless, exempt, and indemnify City, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys fees and all other costs and fees incident to any work done as a result hereof. In no event shall either party be liable to the other for special or consequential damages, statutory or otherwise. 14.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties under this Agreement without the other party's prior written approval. 15.01 LOCAL, STATE AND FEDERAL TAXES Services Provider shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. City will not do the following: (1) behalf; Withhold FICA from Services Provider's payments or make FICA payments on its (2) Make state and/or federal unemployment compensation contributions on Services Provider's behalf; or (3) Withhold state or federal income tax from any of Services Provider's payments. 6 If requested, City shall provide Services Provider with a certificate from the Texas State Comptroller indicating that City is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 16.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Services Provider, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Services Provider shall further obtain all permits, licenses and the like required in the performance of the services contracted for herein, and same shall belong solely to City at the expiration of the term of this Agreement. 17.01 FINANCIAL INTEREST PROHIBITED Services Provider covenants and represents that Services Provider, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required under this Agreement. 18.01 GRATUITIES AND BRIBES City may, by written notice to Services Provider, cancel this Agreement without liability if it is determined by City that gratuities and/or bribes in the form of entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Services Provider may be subject to penalties stated in Title 8 of the Texas Penal Code. 19.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then and in that event demand may be made to the other party for written assurance of intent to perform. In the event that no written assurance is given within the reasonable time specified when such demand was made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 20.01 SERVICES OBTAINED FROM ALTERNATE SOURCES If Services Provider cannot provide the services as specified, City reserves the right and option to obtain the services from another source or sources. 21.01 DEFAULT If Services Provider abandons or defaults under this Agreement and is a cause of City purchasing services elsewhere, then Services Provider agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not be considered in future advertisements for the same type of work unless the scope of work is significantly changed. Services Provider shall be declared in default under this Agreement if it does any of the following: (1) Fails to make any payment in full when due; (2) Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; (3) herein; or Fails to provide adequate assurance of performance under "Right to Assurance" section (4) Becomes insolvent or seeks relief under or is involuntarily brought under the bankruptcy laws of the United States. 22.01 STANDARD OF CARE Services Provider represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Services Provider or designated subconsultants, in a manner according to generally accepted industry practices. 23.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Services Provider's charges. 24.01 INSURANCE Services Provider shall meet all requirements as stated in the attached IFB Solicitation Number 12-001, Specification Number 988-36, dated October 2011; and Attachment A "City of Round Rock Insurance Requirements," and its bid response. 25.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Cory Styron Assistant Director, Parks & Recreation Department 301 West Bagdad, Suite 250 Round Rock, TX 78664 512-218-5540 cstyron@round-rock.tx.us 26.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given (1) when delivered personally to the recipient's address as stated in this Agreement; or (2) three days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Services Provider: Maldonado Nursery & Landscaping, Inc. 16348 Nacogdoches Road San Antonio, TX 78247 8 r Notice to City: Laurie Hadley Assistant City Manager 221 East Main Street AND TO: Round Rock, TX 78664 Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Nothing herein shall be construed to restrict the transmission of routine communications between representatives of City and Services Provider. 27.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 28.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Services Provider and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 29.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the_ .parties cannot agree on a mediator, City and Services Provider shall each select a mediator and the two. mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees,,associated witIiathe mediation shall be shared equally by the parties. City and Services Provider hereby expressly agree that no claims br disputes, between the parties arising out of or relating to this Agreement or a breach thereof shall -be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 30.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 9 31.01 MISCELLANEOUS PROVISIONS Standard of Care. Services Provider represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Services Provider understands and agrees that time is of the essence and that any failure of Services Provider to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Services Provider shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Service Provider's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Service Provider shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on the dates indicated. City of Round Rock, Texas By: Printed Name; Title: Date Signed: For City, Attest: By: • `/ tay`e's. Sara L. White, City Clerk For City, A oved as to Form: By: /UL. Stephan Sheets, City Attorney Maldonado Nursery & Landscaping, Inc. By: Print e(1 Name: Skpit 813/Atp Title:ii 41bn Date Signed: D�'Z 10 SOLICITATION NUMBER 12-001 SPECIFICATION NUMBER 988-36 DATED: OCTOBER 2011 CITY OF ROUND ROCK INVITATION FOR BID GROUND MAINTENANCE SERVICES PART 1 GENERAL 1. PURPOSE: The City seeks to establish a multiple year contract with a qualified person, firm or corporation, herein after "Respondent", to provide full, turnkey services inclusive of necessary equipment and labor to maintain grounds on various City park properties, herein after "Services". Vendor shall provide Services to include, but not be limited to, mowing, edging and trimming, raking, removing and disposing of litter as needed within the specified time period(s). City park properties shall be clearly identified within this solicitation and herein referred to as "Project Areas". Project Areas are identified in ATTACHMENT D1 - D21. 2. DEFINITIONS. TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions, Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions, Terms and Conditions can be obtained from the City's website http://www.roundrocktexas.gov/homelindex.asp?page=463. 3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the Insurance Requirements as identified on the City's website at http:l/www.roundrocktexas.govlhomelindex.asp?page=463. 4. CLARIFICATION: For questions or clarification of specifications, you may contact: Joy Baggett Purchasing Department City of Round Rock Telephone: 512-218-6682 ibaagett aground-rock.tx.us The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Division. 5. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: 5.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 5.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 5.3. Identify any subcontractors to be used for this project. Experience, qualifications and references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. EXHIBIT No Text SOLICITATION NUMBER 12-001 SPECIFICATION NUMBER 988-36 DATED: OCTOBER 2011 5.4. Respondent shall possess ground maintenance experience, which includes manicured grass maintenance, shrub and bed maintenance, and maintenance of trees. 5.5. Provide the name, address, telephone number and E-MAIL of at least three (3) firms applicable to Municipal and/or Government projects that have utilized similar services of size and scope in the past (two) 2 years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of submittal. NOTE: REFERENCE FORM (ATTACHMENT A) PROVIDED. E-MAIL ADDRESSES ARE REQUIRED. 6. BEST VALUE EVALUATION AND CRITERIA: All responses received may be evaluated based on the best value for the City. In determining best value, the City may consider: 6.1. Purchase price; 6.2. Reputation of Respondent and of Respondent's goods or services; 6.3. Quality of the Respondent's goods or services; 6.4. The extent to which the goods or services meet the City's needs; 6.5. Respondent's past relationship with the City; 6.6. The total long-term cost to the City to acquire the Respondent's goods or services; 6.7. Any relevant criteria specifically listed in the solicitation. 7. AGREEMENT TERM: It is the City's intent to structure the agreement as follows: 7.1. The initial term of the resulting agreement shall be five (5) consecutive twelve (12) month periods of time from the effective date. The agreement may be renewed for two (2) additional periods of time, not to exceed twelve (12) months each, provided both parties agree in writing. 7.2. The City reserves the right to review the respondents' performance at the end of each twelve (12) month period and terminate all or part of the agreement, with or without cause or continue the agreement through the next period. 7.3. The City reserves the right to review the following at the end of each twelve-month renewal: 7.3.1. Vendor performance 7.3.2. Price 7.3.3. Continuing need 7.3.4. Advancement in technologies and or service 7.4. If the respondent fails to perform its duties in a reasonable and competent manner, the City shall give notice to the respondent of the deficiencies and the respondent shall have thirty (30) days to correct such deficiencies. If the respondent fails to correct the deficiencies with the thirty (30) days, the City may terminate the agreement by giving the respondent written notice of termination and the reason for the termination. 8. PRICE ADJUSTMENTS: The City may consider price adjustments to the Cost Per Acre based on the US Bureau of Labor Statistics Landscaping and Groundskeeping Workers Occupational Employment and Wages Index http://www.bls.qov/oes/current/oes373011.htm. Any price increase shall be requested by successful Respondent in writing and accompanied with the appropriate index documentation to justify the change at least thirty (30) days prior to requested effective date. All price increases are subject to City approval before they become effective. City shall notify successful Respondent of intent to decrease price with appropriate index documentation and a letter stating same. 8.1. Price increase cannot exceed 5% per year for a total of 25% of the total cost over the term of the agreement. 2of14 No Text SOLICITATION NUMBER 12-001 SPECIFICATION NUMBER 988-36 DATED: OCTOBER 2011 8.2. Upon receipt of the request, the City reserves the right to either: accept the escalation as supported by the appropriate price index and make change to the Agreement within 30 days of the request, negotiate with the vendor or terminate the Agreement if an agreement cannot be reached on the value of the increase. 8.3. The Index price on the SOLICITATION ISSUE DATE shall apply and serve as the benchmark for future price adjustments. 9. AWARD: The City reserves the right to accept or reject all or part of a response, waive minor technicalities and award the response to best serve the interests of the City. Split awards or non - award may be made at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City's website at http:llwww.roundrocktexas.Uov/home/index.asp?paste=463. 10. ACCEPTANCE: Inspection and acceptance of Services should not take more than five (5) working days from completion of said Services. The vendor will be notified within this time frame if the Services are in full compliance with the specifications. If the agreement is canceled for non- acceptance, the Services may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 11. ORDER QUANTITY: The quantities shown on the Solicitation form are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the quantity of goods and or services needed to satisfy operating requirements, which may be more or Tess than indicated. 12. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the supplies, materials, equipment, or the day on which the performance of services was completed or the day, on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 12.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 12.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 13. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 14. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the Vendor. Vendor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to 3of14 No Text SOLICITATION NUMBER 12-001 SPECIFICATION NUMBER 988-36 DATED: OCTOBER 2011 exceed 120 days after written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liability that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation, without penalty, at any time the City deems the vendor to be non- compliant with contractual obligations. 15. DAMAGE: The successful Respondent shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. 16. ENVIRONMENT: It is the intent of the City to purchase goods and services having the least adverse environmental impact, within the constraints of statutory purchasing requirements, departmental needs, availability, and sound economic considerations. Suggested changes and environmental enhancements for possible inclusion in future revisions of this specification are encouraged. PART II SCHEDULE 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the timeline: 1.1. Solicitation released 1.2. Pre -Solicitation Meeting & Site Visit (Non -Mandatory) 9:30 AM McConico Building Parks and Recreation Department Community Room, rt Floor 301 West Bagdad Avenue Round Rock, Texas 78664 1.3. Deadline for questions 1.4. City responses to all questions or addendums '1.5. Responses for solicitation due by 3:00 PM following solicitation October 28, 2011 November 8, 2011 November 11, 2011 November 16, 2011 November 22, 2011 All questions regarding the solicitation shall be submitted in writing by 5:00 PM on the due date noted above. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage, http://www.roundrocktexas.qov/home/index.asp?paqe=463. Questions shall be submitted to the City contact named in PART I, Paragraph 4. The City reserves the right to modify these dates. Notice of date change will be posted to the City website. 2. PRE -SOLICITATION MEETING AND SITE VISITS: The City will conduct a pre -solicitation meeting for all interested Respondents to ask questions they may have concerning the solicitation. 2.1. Meeting date, time and location: November 8, 2011 at 9:30 AM McConico Building Parks and Recreation Department Community Room,1st Floor 301 West Bagdad Avenue Round Rock, Texas 78664 4 of 14 i SOLICITATION NUMBER 12-001 SPECIFICATION NUMBER 988-36 DATED: OCTOBER 2011 2.2. The City strongly recommends attendance at the pre -solicitation meeting, however, the meeting is voluntary. Respondents shall sign -in at the meeting to document their attendance. 2.3. Respondents are required to provide their own transportation to the meeting. 2.4. Additionally, it is the responsibility of the Respondent to inspect each Project Area in their own time to familiarize themselves with the conditions, difficulties and restrictions of each. 2.4.1. Respondents are responsible for evaluating the quantities and amounts of required supplies, taking precise measurements, determining material requirements and any other related details during said inspection. 2.4.2. The act of submitting a response shall be considered acknowledgement by the Respondent that they have inspected the Project Areas, taken field measurements and are familiar with the conditions and requirements affecting the work. 2.4.3. Failure to do so will not relieve the successful Respondent of the obligation to fumish all materials and labor necessary to carry out the provisions contained herein. 3. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM, on the date noted above to the Purchasing Department. Mail or carry sealed responses to: City of Round Rock Purchasing Department 221 E. Main Street Round Rock, Texas 78664-5299 3.1. Responses received after this time and date shall not be considered. 3.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and "DO NOT OPEN". 3.3. Facsimile or electronically transmitted responses are not acceptable. 3.4. Late responses will be returned to Respondent unopened if return address is provided. 4. RESPONSE REQUIREMENTS: Respondent shall submit one (1) executed (signed) original and three (3) copies of each response. Completed documentation shall include, at a minimum: 4.1. Itemized and signed solicitation document. Failure to itemize solicitation may result in disqualification. 4.2. ATTACHMENT A: Reference sheet that shall include the name, address, active telephone number and valid E-mail of at least three (3) firms applicable to Municipal and Government projects that have utilized similar services in the last two (2) years. 4.3. ATTACHMENT B: List of three (3) currently maintained sites to include the site address, client name, address, active telephone number and valid e-mail. Sites shall be in the immediate region, meaning within 5 linear miles of 78664. The City may visit these sites and speak to these clients prior to making a selection. 4.4. ATTACHMENT C: Provide completed Respondent Questionnaire and Equipment List herein attached and made a part of this solicitation. 4.5. Photos of front, back and sides of intended Service truck(s). 4.6. Identification of subcontractors that will be involved in the performance of the Services. 5. POST AWARD MEETING: The City and Respondent shall conduct a post award meeting to discuss, but not be limited to the following: 5.1. City contact(s) information for implementation of agreement. 5 of 14 No Text SOLICITATION NUMBER 12-001 SPECIFICATION NUMBER 988-36 DATED: OCTOBER 2011 5.2. Agreement terms and conditions. PART III SPECIFICATIONS 1. SCOPE OF WORK: Services shall be inclusive of necessary equipment and labor to maintain grounds on various Project Areas. Services shall include, but not be limited to mowing, edging and trimming, raking, removing and disposing of litter as needed within the specified time period(s) with the goal of maintaining and establishing a good appearance to Project Areas that discourages dumping and other undesirable activities. A listing of the Project Areas to be maintained and the corresponding maps are herein as ATTACHMENT D1 — D 21 and made a part of this solicitation. 2. SERVICE REQUIREMENTS: The successful Respondent shall: 2.1. Obtain and provide all supervision, labor, equipment, services, fuel, oil, incidentals, permits, notifications and related items necessary to complete the work as required by the specification. 2.2. Furnish all tools, hard hats, safety vests, rubber boots, gloves, transportation to and from the work area, and all other safety materials or devices necessary to perform the work in a safe and orderly manner. 2.3. Have an on-site supervisor at the site any time work is performed. 2.4. Protect all existing and newly installed work, materials, equipment, improvements, utilities, structures, and vegetation. Any property or incidentals damaged shall be repaired or replaced by the successful Respondent to the satisfaction of the City. 2.5. Work shall be performed on a schedule defined by the City to the specifications defined herein. 2.6. All work shall be performed in a professional workmanlike manner. 2.7. All supporting documentation specified herein shall be submitted with invoice prior to the City processing payment. 3. CITY RESPONSIBILITY: City will: 3.1. Appoint a City designated representative. 3.2. Monitor and inspect the ground maintenance at designated sites. 3.3. Coordinate all work and scheduling with the successful Respondent. 4. EQUIPMENT: Prior to start of Services, all equipment may be examined and approved by City. The City reserves the right to randomly inspect all equipment at any time during the term of the agreement or any extension period. 4.1. Insufficient and/or inadequate equipment as determined by the City is cause for rejection of any and all proposals. 4.2. Recommended minimum equipment for one (1) Project Area is: 4.2.1. Two (2) out -front rotary mowers 4.2.2. Two (2) gas powered blowers 4.2.3. Four (4) gas powered string trimmers 4.2.4. Two (2) gas powered edgers 4.2.5. One (1) trailer to transport mowers and equipment 6of14 No Text SOLICITATION NUMBER 12-001 SPECIFICATION NUMBER 988-36 DATED: OCTOBER 2011 4.3. All medians shall be mowed with an out -front type mower. No tractors, brush hogs, 580-D or similar type equipment shall be used on this project. 4.4. All mowers shall be equipped with either safety chains or the manufacturer's safety device to prevent mower thrown objects. 4.5. Chain shall be a minimum of 5/16 inches in size and links spaced side by side around the mower's front, sides, and rear. 4.6. Maximum cutting widths for rigid frame rotary mowers shall be 108 inches. 4.7. Hinged, batwing and brush hog drag mowers shall only be used with written approval from the City. 4.8. All mowing equipment must be equipped with turf -type tires. Cleated or ribbed tractor tires shall be prohibited. 4.9. All mowers shall be kept in good operating condition and shall be maintained to provide a clean, sharp cut of vegetation at all times. 5. SCHEDULING: Upon issuance of a Work Authorization, successful Respondent shall begin work and proceed with all reasonable dispatch to completion maintaining the established Production Rate Goal. The successful Respondent will be required to maintain all Project Areas assigned in the time allotted for each. Work started within a Project Area shall be completed in consecutive days per the schedule in the Work Authorization. 5.1. It is anticipated that the mowing season will run eight months per calendar year and will begin March 1st and end by November 30t. 5.2. Maintenance Cycles specified herein shall mean the time period between Services. Maintenance Cycle shall be identified with a beginning and ending date, in which all prescribed maintenance activities for each Project Area shall be completed. A typical maintenance cycles for Project Area shall range from is 14 calendar days with in the mowing season. 5.3. The Daily Production Rate Goal shall refer to the average acreage the City seeks to maintain per day. The Production Rate Goal shall be calculated in the following manner: PROJECT AREA ACREAGE .e. NUMBER OF DAYS IN CYCLE = PRODUCTION RATE GOAL 5.4. Failure on the part of the successful Respondent to maintain the established Production Rate Goal as set forth within the Work Authorization shall be sufficient reason for the City to have the work in question or portions thereof completed by others if the Successful Respondent does not cure the default within forty-eight (48) hours of written notice of the default. If others complete the work, any additional cost caused by a higher bid price will be deducted from the original successful Respondent's next payment, if any. 5.5. The City reserves the right to modify the Maintenance Cycles and Project Areas at any time pursuant to the specifications contained herein. This determination will be made by the City and communicated to the successful Respondent in writing via e-mail or fax. Modification can include cancelling a Maintenance Cycle or Project Area. 5.6. Cancellations of a Work Authorization may be based upon need or inclement weather conditions or other mitigating circumstance to be determined by the City. This determination will be made by the City and communicated to the successful Respondent in writing via e- mail or fax. 6. GROUNDS MAINTENANCE: Upon receipt of Work Authorization, all Project Areas shall be maintained as follows: 6.1. Trimming shall mean the cutting or removal of all plant material immediately adjacent to or under Project Area structures, poles, trees, signs, and fences. All structures, trees, poles, signs, fences and shrub beds shall be trimmed flush with the object. 7 of 14 No Text SOLICITATION NUMBER 12-001 SPECIFICATION NUMBER 988-36 DATED: OCTOBER 2011 6.1.1. Special care shall be given to trimming around small trees as not to inflict damage to the bark of the trees. 6.1.2. All trimming shall be accomplished maintaining the required 3-4 inch cutting height. 6.1.3. All trimming shall be accomplished concurrently with mowing operations. 6.1.4. Trimming shall also include removal of all plant material from expansion joints and any other cracks in curbs, sidewalks (both sides), driveways and any other pavement surface within park property, media or rights of way. 6.1.5. Trimming shall leave no vegetation overhanging onto concrete; and shall result in a six (6) inch bank around obstacles. 6.1.6. Chemical Trimming shall refer to the use of herbicide as an alternative to the physical removal or cutting of plant material from areas to be trimmed. 6.1.6.1. Band of chemical application shall not exceed six (6) inches from target structure of chemical treatment. 6.1.6.2. Written approval of herbicide use shall be obtained from the City prior to application. 6.1.6.3. Chemical application shall be in compliance with label directions and the Texas Structural Pest Control Board (SPCB) and Texas Department of Agriculture (TDA) rules and regulations. 6.1.6.4. Treated weeds that are left after kill by chemical application shall be removed from area. 6.2. Edging shall mean the vertical removal of any and all plant material which encroaches over or onto sidewalks (both sides), curbs, steps, driveways, and pavements. 6.2.1. Edging cut shall remove vegetation from pavement services and result in a visible separation of turf from pavement. 6.2.2. Sidewalks, curbs, and steps shall be mechanically edged to a one (1") inch depth and 1/4 inch width where they exist exposing the pavement surface. 6.2.3. The initial edging shall be completed by the end of first cycle. 6.2.4. All edges shall be maintained through the duration of contract. 6.2.5. Edging and maintenance of edges shall use a vertical cut approach. 6.2.6. All material dislodged by edging shall be removed from site. 6.2.7. Sidewalks shall be edged on both sides. 6.2.8. Chemical Edging shall refer to the use of herbicide as an alternative to the physical removal or cutting of plant material from areas to be edged. 6.2.8.1. Written approval of herbicide use shall be obtained from the City prior to application. 6.2.8.2. Chemical application shall be in compliance with label directions and the Texas Structural Pest Control Board (SPCB) and Texas Department of Agriculture (TDA) rules and regulations 6.2.8.3. Chemical treatments shall be growth regulators, however, herbicides can be used in nose cones and pavement areas only. 6.3. Mulch Areas or Tree Rings shall refer to those areas adjacent to trees, shrub beds, and other purposefully planted landscape areas in which all plant growth is removed and a protective covering of organic substances is placed to prevent evaporation of moisture, control weed growth, and for aesthetic reasons. 8of14 No Text SOLICITATION NUMBER 12-001 SPECIFICATION NUMBER 988-36 DATED: OCTOBER 2011 6.3.1. Successful Respondent shall maintain these areas to remain free from plant and weed growth. 7. MOWING: 7.1. Upon receipt of Work Authorization, all grass shall be cut at a height of 3-4 inches. 7.2. Project Areas shall be completely mowed to the boundaries identified on the attachments and be field verified by City staff at the initial commencement of Services within 24 hours of start of mowing of said area. 7.3. No scalping shall occur. Scalping shall mean any action resulting in the mowing of any turf area below a three-inch (3") height down to and including the soil. 7.4. Care shall be taken to prevent discharge of grass clippings onto paved surfaces such as streets, parking lots, sidewalks, driveways, or onto adjacent properties. Any material so discharged shall be removed immediately prior to proceeding with mowing of other areas. 7.5. Successful Respondent shall use extreme care when mowing against fences, property lines, and other obstacles. Damage sustained to a homeowner's property as a result of Services shall be the responsibility of the successful Respondent. Where there is a fence line, the successful Respondent shall mow and trim to fence line. All ditches shall be maintained. Slopes and bottoms of ditches shall be trimmed or mowed at a height of 3"- 4". If an area is maintained by a homeowner, the successful Respondent shall not mow that area. 7.6. Upon completion, a mowed area shall be free of clumped grass and tire tracks or ruts from the mowing equipment. 8. REMOVAL OF GRASS CLIPPINGS: Removal of cut grass from the Project Areas where growth occurred shall not be required unless grass is clumped. However, cut grass and debris which falls or is thrown upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of mowing or the action of the work crew, shall be removed from the area prior to the exit of the work crew from the work site. 9. TRASH, LITTER AND DEBRIS REMOVAL: Shall mean any rubbish within the Project Area such as paper, cans, bottles, limbs four (4") inches diameter or smaller, trash bags and rocks, which is not intended to be present as part of the landscape. For this function, Project Areas shall include streets, sidewalks, curbs, catch basins, gutters, hillsides and ditches. For items larger than 4°, successful Respondent shall contact the City's designee to make City aware and coordinate removal. 9.1. Removal of debris shall require sweeping or blowing off of hard surfaces such as sidewalks and concrete noses of medians. 9.2. Successful Respondent shall remove all trash and litter from the Project Areas prior to initiating any mowing of the turf areas. 9.3. All trash and litter removed shall be disposed of by successful Respondent legally at an off- site location. 9.4. No litter or debris shall be visible in finished Project Area after services are performed. 10. FERTILIZERS: No fertilizers are required within this scope of work. 11. DAMAGE: Damage caused to City or private property as a result of performance of Services shall be remedied at the expense of the successful Respondent. 11.1. The successful Respondent shall inspect all trees, adjacent properties, structures and utilities for existing damages prior to conducting any work activity in the assigned Project Areas. Observed tree damage or damage to properties, structures and utilities shall be documented to the City prior to beginning any Services. Project Areas may be checked for damage by the City prior to commencement of Services, and randomly during the Agreement term at the 9of14 No Text SOLICITATION NUMBER 12-001 SPECIFICATION NUMBER 988-36 DATED: OCTOBER 2011 option of the City. Repair or replacement of trees, properties, structures and utilities shall be at the expense of the successful Respondent. 11.2. Successful Respondent shall, at his own expense, carefully protect all trees, properties, structures and utilities within Project Areas so that there shall be no damage or utilities service Toss. 12. WORK CREW: Only qualified, trained, competent and reliable personnel shall perform Services. 12.1. The City shall have the right to request the immediate removal from its premises of any crew member or subcontractor crew member if they are not in compliance with this specification. 12.2. Each work crew shall have a designated Supervisor attending the work site with the authority to direct Service and respond to crew inquiries about Service details or priorities 13. SAFETY OF WORK CREW: Due to the high visibility of work crews from the roadways, safety of the work crews shall include but not be limited to the following: 13.1. Successful respondent's crew shall wear and display proper warning devices (safety vest, flashers, strobe lights and waming signs) in order to ensure both employee and public safety. Crew shall dress and remain dressed in a presentable fashion. Inappropriate dress includes, but is not limited to, bare chest (no shirt), shorts while trimming or edging, and absence of, or proper use of safety clothing and devices. 13.2. The successful respondent shall be responsible for furnishing all signs and traffic controls as required by law, and make adjustments as required by City. 13.3. All signs shall be mounted on their own stands and be mounted not less than three feet (3 ft.) from the bottom of the sign to the natural ground line. Each sign shall have two brightly colored safety flags attached to it. It will not be permissible to hang or lean these signs. The signs shall be erected in such a manner that they shall not obstruct the traveling public view of the normal roadway signing. 14. VEHICLE IDENTIFICATION AND PARKING: Successful respondent vehicles shall be licensed for travel on public roads, and shall have the name of the successful Respondent clearly displayed on each side of the vehicle. 14.1. Vehicles shall park in areas that do not create potentially hazardous traffic situations. 15. COMMUNICATION: The successful Respondent shall provide communication equipment as necessary to perform the Services. This may include 2 -way radios, pagers, cellular phones, telephone answering devices, and fax machine. 15.1. The successful Respondent shall respond to communication requests from the City within two (2) hours during the normal working hours of 7:30 a.m. to 5:00 p.m. 15.2. The successful Respondent shall make contact with the City, at a time mutually agreed upon by the City and the successful Respondent. This contact is for the purpose of discussing areas to be maintained, Successful Respondent's work schedule for the day, areas to be inspected for approval, and Work Authorizations that need to be signed. Failure to contact the City's authorized designee, or designee, per the agreed upon schedule may constitute a breach of Contract and termination of Agreement. 16. LIQUIDATED DAMAGES: Failure of the successful Respondent to perform as specified herein may result in a $250 assessment per incident per day to be applied and may also result in the termination of the agreement by the City. 17. WORK AUTHORIZATION. INSPECTION OF WORK AND WORK RECORD SUMMARY: 17.1. A Work Authorization shall be issued from the City as notification to begin Services in a designated Project Area. The Work Authorization shall; 10 of 14 No Text SOLICITATION NUMBER 12-001 SPECIFICATION NUMBER 988-36 DATED: OCTOBER 2011 17.1.1. Be issued before work is to begin in the specified Project Area and shall follow the schedule of maintenance cycles as closely as possible. 17.1.2. Consist of a written list of Project Area's designated for Services. 17.1.3. Be considered complete when all work has been inspected and approved by the City and has been signed by the City. Such information shall consist of grounds maintenance locations, acreage/mileage actually maintained, and the acceptability of the maintenance activities performed, date of completion. 17.1.4. It shall be mandatory that all Work Authorizations be completed after the end of each cycle, before another Work Authorization may be issued. Failure to obtain Work Authorization prior to beginning Services for the next cycle may be considered a breach of contract by and grounds for termination of Agreement by the City. 17.2. The City shall make inspections or re-inspections to ensure the Services performed are completed per specification and in accordance with prescribed time schedules. Written approval of inspection shall accompany the completed Work Authorization and is required for payment. Upon determination of any violation of the specifications and/or terms of the agreement, the City shall proceed with appropriate action. 17.3. Work Record Summary shall mean a written record detailing the times and locations of when the successful Respondent and employees were on the job site performing Services A Work Record Summary shall accompany all Invoices and Work Authorizations detailing dates, times, and locations of when work was completed per Contract specifications. Invoices without the supporting Work Authorization and Work Record Summary shall not be approved for payment. 11 of 14 No Text INVITATION FOR BID (IFB) CITY OF ROUND ROCK PURCHASING DEPARTMENT 221 E. Main Street Round Rock, Texas 78664-5299 Responses are due to the Purchasing Department at the above address by 3:00 PM, November 22, 2011. Show solicitation opening date & solicitation number in lower left hand comer of sealed response envelope with retum address of responding firm. Facsimile responses shall not be accepted INVOICE TO: CITY OF ROUND ROCK ACCOUNTS PAYABLE 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664-5299 Respond F.O.B. Destination, Freight prepaid and allowed unless otherwise specified below DESTINATION: CITY OF ROUND ROCK VARIOUS LOCATIONS "By the signature hereon affixed, the respondent hereby certifies that neither the respondent nor the entity represented by the respondent, or anyone acting for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any competitor or any other person engaged in such line of business." SOLICITATION NUMBER 12-001 SPECIFICATION NUMBER 988-36 DATED: OCTOBER 2011 Solicitation Information: Ground Maintenance Services Solicitation Number 12-001 Opening Date: 11/22/2011 Opening Time: 3:00 PM Response Location: 221 E. Main Street Purchasing Department Round Rock, TX 78664 Retum signed one (1) original and three (3) copies of response. Respondent shall sign below Failure to sign response will disqualify response Authorized Signature Print Name Date RESPONDENT INFORMATION TAX ID NO.: LEGAL BUSINESS NAME: ADDRESS: CONTACT: TELEPHONE NO: BUSINESS ENTITY TYPE: E-MAIL: Respondent agrees to comply with aII conditions set forth in this solicitation. ITEMIZED BID SHEET FOLLOWS SUPERSEDES SPECIFICATION NO. 08-988-75; DATED: JANUARY 2008 12 of 14 V SOLICITATION NUMBER 12-001 SPECIFICATION NUMBER 988-36 DATED: OCTOBER 2011 SOLICITATION INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. SOLICITATION REQUIREMENTS: 1.1 Responding requires pricing per unit shown and extensions. If trade discount is shown on solicitation, it should be deducted and net line extensions shown. Respondents guarantees product offered will meet or exceed specifications identified in this Invitation For Bid (IFB). 1.2 Solicitations shall be submitted on Solicitation Sheet. Each response shall be placed in a separate envelope completely and properly identified. Responses must be in the Purchasing Department before the hour and date specified on the solicitation. 1.3 Late responses properly identified will be returned to respondent unopened. Late responses will not be considered. 1.4 Respond F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the solicitation. If otherwise, show exact cost to deliver. 1.5 Response shall show unit price on quantity and unit of measure specified, extension and show total. In case of errors in extension, unit prices shall govem. Responses subject to unlimited price increase wit not be considered. 1.6 Submitted prices shall be firm for acceptance 30 days from solicitation opening date. "Discount from List" responses are not acceptance unless requested. Cash discount will not be considered in determining the low response. All cash discounts offered will be taken if earned. 1.7 Responses shall give Tax Identification Number, full name and address of respondent Failure to sign will disqualify response. Person signing response shall show title and authority to bind signatories firm in an agreement. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one (1) of the fdlowing: Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Governmental. Non-profit all others shall be specified. INDIVIDUAL: List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP: List legal name followed by legal business name and Social Security Number. ALL OTHERS: List legal name of entity and Tax Identification Number (TIN). 1.8 Responses cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by respondent or an authorized agent. No response can be withdrawn after opening time without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax Do not indude tax in response. 1.10 The City reserves the right to accept or reject all or any part of response, waive minor technicalities and award the response to best serve the interests of the City. Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie responses could cause rejection of responses by the City and/or investigation for antitrust violations. 1.12 Telephone, facsimile, and electronically transmitted responses are not acceptable in response to the solicitation. 1.13 CAUTION: Solicitation Invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for responses received late, illegible, incomplete, or otherwise non-responsive. 2. SPECIFICATION: 2.1 Any catalog, brand name or manufacturer's reference used in the sdicitation is descriptive only (not restrictive), and is used to indicate type and quality desired. Responses on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. if other than brand(s) specified is offered, illustrations and complete descriptions of product offered are requested to be made a part of the response. If respondent takes no exceptions to specifications or reference data in response, respondent will be required to fumish brand names, numbers, etc., as specified in the solicitation. 2.2 All items on the solicitation shall be new, in first dass condition, inducing containers suitable for shipment and storage, unless otherwise indicated in the solicitation. Verbal agreements to the contrary will not be recognized. 2.3 Samples, when requested, must be fumished free of expense to the City. If not destroyed in examination, they wtl be retumed to the respondent, on request, at respondent expense. Each example should be marked with respondents' name and address, City solicitation number and code. Do not endose in or attach to response. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of the solicitation. 2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation. 3. TIE RESPONSES: In case of tie responses, the award will be made in accordance with Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Response shall show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates respondent to complete delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause response to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from Vendor fist (See 4.2 following.) 4.2 If delay is foreseen, Vendor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shall keep the City advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting Vendor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the solicitation. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the response or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall be borne by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be retumed to the Vendor or held for disposition at Vendor's risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF AGREEMENT: A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the solicitation. Responses do not become agreements or purchase orders unless and until they are accepted by the City through its designates and an agreement or a purchase order is issued. The agreement or purchase order shall be govemed, construed, and interpreted under the Charter of the City and the laws of State of Texas. All agreements or purchase orders are subject to the approval of the City Council or Manager. 7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the agreement or purchase order number on all copies. 8. PATENTS AND COPYRIGHTS: The Respondent agrees to protect the City from daims involving infringements of patents or copyrights. 9. RESPONDENT ASSIGNMENTS: Respondent hereby assigns to the purchaser any and all daims for overcharges associated with this agreement, which arise under the antitrust laws of the State of Texas. TX, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967). 10. RESPONDENT AFFIRMATION: 10.1 Signing the response with a false statement is a material breach of agreement and shall void the submitted response or any resulting agreements, and the Respondent shall be removed from all Vendor lists. By signature hereon affixed, the respondent hereby certifies that 102 The respondent has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount tip, favor, or service to a public servant in connection with the submitted response. 10.3 The respondent is not currently delinquent in the payment of any debt owed the City. 10.4 Neither the respondent nor the firm, corporation, partnership, or any entity represented by the respondent, or anyone acting for such fine, corporation, or entity has violated the antitrust laws cf this State codified in Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirectly the response made to any competitor, or any other person engaged in such line of business. 10.5 The respondent has not received compensation for participation in the preparation of the specification for the solicitation. 11. NOTE TO RESPONDENTS: Any terms and conditions attached to response will not be considered unless the respondent specifically references them on the front of the response form. WARNING: Such terms and conditions may result in disqualification of the response (e.g. responses with the laws of a state other than Texas requirements for prepayment, Limitations on remedies, etc.) The City of Round Rock can only accept responses which contain all the terms and conditions of its formal solicitation; in particular, all respondents' affirmations and certifications must be induded. Submission of responses on forms other than City's form may result in disqualification of your response. 12. INQUIRIES: Inquiries pertaining to Solicitation invitations must give Solicitation number, codes, and opening date. SUPERSEDES SPECIFICATION NO. 08-988-75; DATED: JANUARY 2008 13 of 14 No Text 8 N e-1 0 -46U 0 0 0 ce0 OC 0 0 0 Grounds Maintenance Services Total Acres Per PRICE PER Season ACRE 74.52 220.20 uli N N 227.40 235.92 192.01 Estimated Cyles Per Season ,N-1 12 --i �s-1 12 12 ` 01 Sy a Total y1 Y a1 dQ ri N to ton ri ec-1 1� 00 N W ei u1 01 ,-1 t0 t0 ‘..4 1. t0 rOi Linear Park / Linkages 'OUP #1 Park Type Linear Park / Linkages Linear Park / Linkages Neighborhood Park Neighborhood Park Community Parks Linear Park / Linkages Neighborhood Park PROJECT AREAS G Park Address 2607 Bradley Lane Behrens Ranch / Wyoming Springs 950 East Bowman Road Sandy Brook Drive & Haynie Bend 1300 Woods Boulevard 1001 Hidden Glen Sam Bass Rd & Meadows Drive m c c J n co .]e L ❑ a) E co z Y A 0. Jester Farms Behrens Ranch Park ** designated areas Bowman Park tlnivprsity Village Park a)c O (W 0, 3 0 a, � 1E S aa...) al E u N fa m E Y m C m C `' L N ei N M T N 10 N 2 Total Acres Per PRICE PER Season ACRE 3.84 71.28 94.92- 17.16 29.88 N N 47.52 - o toN N QO 06 0 M Estimated Cyles Per Season INICNICNICNCVN ri a-1 ri ri e-1 ei 12 N e -I O ` 01 Sy a m 001 0 t11 0 N. v v ri N m N 001 m m e-1 L 'OUP #2 Park Type Linear Park / Linkages Linear Park / Linkages Linear Park / Linkages Linear Park / Linkages Linear Park / Linkages Linear Park / Linkages Linear Park / Linkages Linear Park / Linkages PROJECT AREAS G Park Address Georgetown & Highway 79 (Behind CVS) 1401 & 1501 Gattis School Road 81 Park Lane Ravenwood 1006 Oakrldge Drive North end of Greenlawn 500 Chisholm Trail 906 Round Rock Avenue to E m z a7 0. m c c J n co .]e L ❑ Windy Terrace & Greenlawn Place Park 0 o_ Y O a1 l u Y . H i , a1 I tY0 N : (D a•+ N L = al w to E O C g 0. OC 0 3 v E Y y U Y m C m C `' L Chisholm Trail Crossing Park & Greenbelt ICreekside Plaza Greenbelt 0/0 O. (00 a0 0 N rNi m-1 i 00 ei oo -4 00 H 00 O 0 C ei N M n to 0 Y CO a 0 0 0 L 0 O .0 L 00 0) Z fa o_ 0 0 0 L 0 O .c -c 00 0) z Y fa o_ 0 0 0 L 0 O .0 00 0) Z <0 0- 0 0 0 0 L 0 O L 00 0) z L w a 0 0 0 L 0 O L 00 as z a1 0- 0 _ 0 0 0 L 0 O .0 0 00 0) Z a! 0 L. at 0 0 z t1) O1 ri c 0 a1 a 0 N 000 'O a) 00 W It 0. (0 N 00 01 O e1 C ri ri ri ri N N No Text SOLICITATION NUMBER 12-001 SPECIFICATION NUMBER 988-36 DATED: SEPTEMBER 2011 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME: DATE: Provide the name, address, telephone number and point of contact of at least three (3) firms applicable to Municipal and/or Government projects that have utilized similar service for at least two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( ) Fax Number: ( ) 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( ) Fax Number: ( ) 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( ) Fax Number: ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. SUPERSEDES SPECIFICATION NO. 08-988-75; DATED: JANUARY 2008 14 of 14 No Text ATTACHMENT B W U w N W Z.- v c co Z oc Q +�c U _ >-O J Z O W L1 Ce 2 U' Name of Respondent: INFAITIFTMITMV u< .rnv -Mai A• res v 0 .c 0 v 0 0 s 0 0 F c 0 t a 0 0 H .dresso Sit- ddress o Sit- riVRITETIMIE ' nt and Contact lam- ' nt an. Contact am= ri7RTTEMI •[OTIRT110E iiT! No Text ATTACHMENT C Respondent Questionnaire and Equipment List For Solicitation #12-001 Grounds Maintenance Services Name of Respondent: Contact Name: E-mail/Phone: Date Business Founded: Number of Full Time Employees: Company -wide Daily Production Rate: COMPANY'S TOTAL MONTHLY ACREAGE MAINTAINED + 30 DAYS = DAILY PRODUCTION RATE List all equipment to be used for specified Project Areas. List of equipment should include year, model, make and number of hours on all equipment to be used. The City has the right to inspect all equipment, with adequate notice to the Respondent, dedicated for use on this project prior to award of the bid. During inspection, the bidder shall have all equipment that is dedicated to the project on hand or have original receipt of purchase or lease to show ownership. Type of Equipment Year Make Model tt of Hours No Text ri A H Z w M U Ea E -i 4 04:111,127TIMME 11 No Text N Q El Z w M 0 g E1 El :ehrens Ranch / W omin: Springs :ehrens Ranch 18.35 Acres 11 locations' N No Text a ,-=MnMZ, No Text 04 N A E W x x 0 H H 4 m : -hrens Ranc^ No Text 0 N A H Z Ell M 0 H H 0 IiiM;g1;i11 No Text m A Ea Z w M 0 E1 4 950 East Bowman Rd. Bowman Park 8.77 Acres m No Text ktilloftleghiMIAM_Z_D and Brook Drive & Haynie Ben. niversi Village Par 1.87 Acre 4 No Text 0300 Woo's B v. 0_1:15.1171Z4 No Text '0 A El Z rrl M 0 4 E-i E-1 4 1001Hi..en - FMK:IMNIT 21:1:11ad -I= tri No Text N A E -i z w M u 4 E1 E1 4 Sam Bass Rd & Meadows Drive 10.67 Acres Sam Bass Cemetery N No Text 03 n E -I Z 41 E 0 4 E- 1 H 4 :ehind CVS Georgetown & 79' , ri n ka rd s Lan.in ai No Text m A E' Z w M o E1 E1 4 Windy Terrace 2.63 Acres 1401 Gattis School Road / Greenlawn Place 3.31 Acres 1501 Gattis School Road / Total 5.94 Acres of No Text ATTACHMENT D10 81 Park Lane 10. Greater Lake Creek No Text •TTA HMENT ' I v 0 0 c a, > co cc tn ai L ua m v i��•1�t•1„� No Text N H A H Z w 0 4 H H 4 1006 Oakridge Drive 12. Creekmont (W. CR.LP) No Text ATTACHMENT D13 North end of Greenlawn 13. Greenlawn No Text • TA HMENT D ! 1,Is is o m rai 4. Chisholm Trail Crossin: Par? No Text FWV-TON-WWB-0110 I • Roun. Roc Ave • - - •. - Plaza Greense • No Text +6. Ea: eRid:- No Text N H z w u l A 4141-i--1 4 -i----4 -1-.: jam" 1 415 Apo o accounts for not mowin _ lake, 5x144.71 iTi X 7. R. c'EMI No Text CO 1-1A H Z w M 0 H H 4 (accounts for lake /playground) 1401 David Curry 18. Settlement Park No Text 'accounts for pond, "►•15An. res Wa4 r 9. Bra• ord Park 5.32 No Text ATTACHMENT D20 (accounts for playground) 1925 Nicole Circle 20. Greenhill Park No Text ATTACHMENT D21 (accounts for parking lot, playground, court) C CD U 0) d 0 0 N 21. Veterans Park No Text ATTACHMENT A CITY OF ROUND ROCK INSURANCE REQUIREMENTS 1, INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents, representatives, volunteers, employees or subcontractors. 1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 1.2. The following standard insurance policies shall be required: 1.2.1. General Liability Policy 1.2.2. Automobile Liability Policy 1.2.3. Worker's Compensation Policy 1.3. The following general requirements are applicable to all policies: 1.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 1.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City 1.3.5. Policies shall include, but not be limited to, the following minimum limits: 1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for each occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence. 1.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 1.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract. 1.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions: No Text 1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's insurance as primary. 1.5.2. Name the City and its officers, employees, and elected officials as additional insured's, (as the interest of each insured may appear) as to all applicable coverage. 1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes 1.5.4. Remove all language on the certificate of insurance indicating: 1.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 1.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 1.5.5. Provide for notice to the City at the addresses listed below by registered mail: 1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 1.5.9. Vendor shall notify the City in the event of any change in coverage and shall give such notices not Tess than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 1.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City of Round Rock 221 East Main Round Rock, TX 78664-5299 City Attorney City of Round Rock 309 East Main Round Rock, TX 78664 6. WORKERS COMPENSATION INSURANCE 6.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a govemmental entity. 6.1.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 6.1.2. Duration of the project - includes the time from the beginning of the work on the project until the CONTRACTOR'S /person's work on the project has been completed and accepted by the OWNER. 6.2. Persons providing services on the project ("subcontractor") in Section 406.096 - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity, which fumishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not No Text include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 6.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project. 6.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 6.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 6.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 6.6.1. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and 6.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 6.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 6.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 6.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 6.10.1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project; 6.10.2. provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; 6.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 6.10.3.1. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 6.10.3.1.1. 6.10.3.1.2. a certificate of coverage, prior to the other person beginning work on the project; and a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project No Text 6.10.3.2. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6.10.3.3. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 6.10.3.4. contractually require each person with whom it contracts, to perform as required by paragraphs (A thru G), with the certificates of coverage to be provided to the person for whom they are providing services. 6.10.3.5. By signing the solicitation associated with this specification, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 6.10.3.6. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner. No Text N N r r r W r 0 113Oo V CO 9 P PrDI 3 A ID 01 0 7 Jed saJ3V laiol E rilleNPSITA BICKO.. 01 r/1 A N N O W co 01 'O V 01 tri A W N r Creekside Plaza Greenbelt Chisholm Trail Crossing Park & Greenbelt Greenlawn Park Creekmont (W. CR.LP) Sonoma Greenbelt Greater Lake Creek Park Windy Terrace & Greenlawn Place Park Drinkard's Landing Park Name 906 Round Rock Avenue 500 Chisholm Trail North end of Greenlawn 1006 Oakridge Drive Ravenwood 81 Park Lane 1401 & 1501 Gattis School Road Georgetown & Highway 79 (Behind CVS) PROJECT AREAS G Park Address Linear Park / Linkages Linear Park / Linkages Linear Park / Linkages Linear Park / Linkages Linear Park / Linkages Linear Park / Linkages Linear Park / Linkages Linear Park / Linkages •OUP #2 Park Type r w A W l0 01 N 6.3 0 N :o. tO r A W V LO I - to IO A O W N n co A >! u Total NNNN N N Estimated Cyles Per Season 12 12 NN V o Estimated Cyles Per Season 308.28 00 i 000 47.52 27.60 tt00 Oho V Ort N A to 71.28 W A Total Acres Per PRICE PER Season ACRE V 01 tri A W N r Grounds Maintenance Services O 0 O 73 0- 73 0 O Pr O 0 0 r iyN Sam Bass Cemetery Hidden Glen The Woods University Village Park Bowman Park 'Behrens Ranch Park ** designated areas Jester Farms Park Name Sam Bass Rd & Meadows Drive 1001 Hidden Glen 1300 Woods Boulevard Sandy Brook Drive & Haynie Bend 950 East Bowman Road Behrens Ranch / Wyoming Springs 2607 Bradley Lane PROJECT AREAS G Park Address Neighborhood Park Linear Park / Linkages Community Parks Neighborhood Park Neighborhood Park Linear Park / Linkages I Linear Park / Linkages 'OUP #1 Park Type O 01 V tO 01 01 00 tO to r 00 V 00 V V 00 W to 01 N r El. I H Total 00 03I-. ZI N N 000 N N Estimated Cyles Per Season w A �O 192.01 235.92 V o N o V A 220.20 A N Total Acres Per PRICE PER Season ACRE Grounds Maintenance Services O 0 O 73 0- 73 0 O Pr O 0 0 r iyN No Text Maldonado Nursery & Landscaping Proposal for Grounds Maintenance Services ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Copy 1 of 3 Solicitation No: 12-001 Opening: November 22nd @ 3:OOpm CST Maldonado Nursery & Landscaping, Inc. Corporate office: 16348 Nacogdoches Road San Antonio, Texas 78247 Austin Branch Office: 9800 Brown Ln Austin, Texas 78754 Phone: (210) 599-1219 Fax: (210) 599-9736 No Text Table of Contents — Round Rock PARD Invitation f o1• Bid — 1? -001 Introduction of the Offeror Bid Pricing Sheet IFB Required Paperwork i) Cover Sheet ii) Reference Sheet iii) Currently Maintained Sites iv) Questionnaire & Equipment List (Att. C) Photos of Intended Service Trucks & Trailers Licenses & Affiliations Work Plan Methodology i) Methodology for Staffing No Text Introduction of the Offeror Maldonado Nursery & Landscaping, Inc. is a twenty -three-year-old family owned business based in San Antonio, Texas, serving the South Texas region from Waco to Laredo. Rogelio Maldonado and his three sons, Jerry, Oscar and Roy, are all actively involved in the daily operations of the company, helping guide 23 consecutive years of growth to $18 million in sales for 2007. Recognized as one of the fastest growing and largest privately held Hispanic Business in the United States, MNLSA is a Texas certified HUB and MBE. Maldonado Nursery & Landscaping, Inc. has been in business since 1987 and became a corporation in the State of Texas in 1991. During the past 23 years, Maldonado has grown into one of the largest privately owned landscape and irrigation contractors in the region, performing a full range of services to include: Commercial Construction, Irrigation design, installation& maintenance„ Commercial & Residential Grounds Maintenance, Limited site development, Landscape design build, Planning, Major tree transplanting and relocation, Hardscape installation, Arborist services and Plant production. Maldonado's staff of professionals self perform all functions utilizing company owned and maintained equipment. Our company's commitment to employee development and retention, coupled with continued capital investment in the most modem equipment, allows this organization to perform any type of job on time, within budget and with quality and customer satisfaction as our priority #1. No Text INVITATION FOR BID (IFS) CITY OF ROUND ROCK PURCHASING DEPARTMENT 221 E. Main Street Round Rock, Texas 78664-5299 Responses are due to the Purchasing Department at the above address by 3:00 PM, November 22, 2011. Show solicitation opening date & solicitation number in lower left hand comer of sealed response envelope with retum address of responding firm. Facsimile responses shall not be accepted INVOICE TO; ' CITY OF ROUND ROCK ACCOUNTS PAYABLE 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664-5299 Respond F.O.B. Destination, Freight prepaid and allowed unless otherwise specified below DESTINATION; CITY OF ROUND ROCK VARIOUS LOCATIONS "By the signature hereon affixed, the respondent hereby certifies that neither the respondent nor the entity represented by the respondent, or anyone acting for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any competitor or any other person engaged in such line of business." SOLICITATION NUMBER 12-001 SPECIFICATION NUMBER 988-36 DATED: OCTOBER 2011 Solicitation Information: Ground Maintenance Services Solicitation Number 12-001 Opening Date: 11/22/2011 Opening Time: 3:00 PM Response Location: 221 E. Main Street Purchasing Department Round Rock, TX 78664 Retum signed one (1) original and three (3) copies of response. ondent shall sign below to res ! .. I is ' ualify response It 2.I I:k,t e RESPONDENT INFORMATION TAX ID NO.: 74-2593871 LEGAL BUSINESS NAME: Maldonado Nursery & Landscaping, inc. ADDRESS: 9800 Brown Lane Austin, TX 78754 CONTACT: Justin Bishop - Austin Division Branch Manager TELEPHONE NO: 512.252.0198 BUSINESS ENTITY TYPE: Corporation E-MAIL: justinb@mnlsa.com Respondent agrees to comply with all conditions set forth in this solicitation. ITEMIZED BID SHEET FOLLOWS SUPERSEDES SPECIFICATION NO. 08-988-75; DATED: JANUARY 2008 12 of 14 No Text SOUCITATION NUMBER 12-001 SPECIFICATION NUMBER 988-36 DATED: SEPTEMBER 2011 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 12-001 RESPONDENT'S NAME: Maldonado Nursery & Landscape DATE: 11/18/11 Provide the name, address, telephone number and point of contact of at least three (3) firms applicable to Municipal and/or Government projects that have utilized similar service for at least two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name City of Austin Parks & Recreation Department Name of Contact Sony Chandler Title of Contact Parks Superintent E -Mail Address Sonny.Chandler@ci.austin.tx.us Present Address 200 South Lamar City, State, Zip Code Austin, TX 78754 Telephone Number ( 479 ) 549-7596 Fax Number: (512 ) 440-0418 2. Company's Name City of Georgetown Parks & Recreation Department Name of Contact Jamie Beran Title of Contact Parks Superintent E -Mail Address jamie.beran@georgetown.org Present Address 1101 North College Street City, State, Zip Code _ Georgetown, TX 78627 Telephone Number ( 512 ) 931-6013 Fax Number: ( 512 ) 936-6893 3. Company's Name Williamson County Parks & Recreation Department Name of Contact Larry Title of Contact Parks Superintent E -Mail Address bcates@witco.org Present Address 3005 CR 175 City, State, Zip Code Leander, TX 78681 Telephone Number (512 )626-2194 Fax Number: ( FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. SUPERSEDES SPECIFICATION NO. 08-988-75; DATED: JANUARY 2008 14 of 14 No Text rt rt rtrtrt rt XX XXX x C C C C C C Ul 41 U! fA (A 4! :}uapuodsalj eweN Maldonado Nursery & Landscaping, inc. 0 c G xi c m m Q0 _ �n1- R. CD o Z > 2#Z co m (D O ( 81N3WHOV11V E r H I- I-, Cu 5 ca 0 0 rt PO d r a n n Williamson Ct PARD -Larry Williamson Ct PARD -Larry 3005 CR 175, Leander TX Austin PARD - Sonn (.1 Georgetown PARD -Jamie Austin PARD - Sonny Austin PARD - Sonny Austin. PARD - Sonny Austin PARD - Sonny Austin PARD — Sonny 6001 Manchaca Rd, Austin TX 0 Cn bd ht a m U1 C A) N N Z m rt 3900 Brushy Creek rd, Cedar Park TX 1900 Bluebonnet Lane, Austin TX 701 Smith Creek Road Georgetown, TX 1100 Cumberland Road, Austin, TX 8501 Ainez Drive Austin, TX 6900 Onion Creek Drive, Austin TX 4600 Suburban Drive, Austin, TX L512.626.2194 512.626.2194 tri N CAN 41 N N tia 479.954.7596 d. Ph,:I,,. 512.931.6013 479.954.7596 479.954.7596 479.954.7596 479.954.7596 479.954.7596 bcates@wilco.org bcates@wilco.org bcates@wilco.orq sonn .chandler@ci.austin E ..i...,cl1r• . jaime.beran@georgetown_.0 Isonny.chandler@ci.austini sonny.chandler@ci.austin sonny. chandler@ci.austin sonny.chandler@ci.austin sonny.chandler@ci.austin rt rt rtrtrt rt XX XXX x C C C C C C Ul 41 U! fA (A 4! :}uapuodsalj eweN Maldonado Nursery & Landscaping, inc. 0 c G xi c m m Q0 _ �n1- R. CD o Z > 2#Z co m (D O ( 81N3WHOV11V No Text Name of Respondent: ATTACHMENT C Respondent Questionnaire and Equipment List For Solicitation #12-001 Grounds Maintenance Services Maldonado Nursery & Landscaping, Inc Contact Name: Justin Bishop E-mail/Phone: justinb@mnlsa.com / 512.252.0198 Date Business Founded: 1987 Number of Full Time Employees: 225 Company -wide Daily Production Rate: COMPANY'S TOTAL MONTHLY ACREAGE MAINTAINED + 30 DAYS = DAILY PRODUCTION RATE List all equipment to be used for specified Project Areas. List of equipment should include year, model, make and number of hours on all equipment to be used. The City has the right to inspect all equipment, with adequate notice to the Respondent, dedicated for use on this project prior to award of the bid. During inspection, the bidder shall have all equipment that is dedicated to the project on hand or have original receipt of purchase or lease to show ownership. 415 Typo of Equipment Riding Mower (1) Year 2010 Malo._ Ferris 72" Model Propane t of Hours 340 Riding Mower (2) 2010 Ferris 60" Propane 350, 395 Riding Mower (6) 2008 John Deere 52" Gas 850 - 1000 Riding Mower (3) 2007 John Deere 72" Gas 950 - 1200 Line Trimmer (24) 2008 Shindiawa Gas Line Trimmer (9) 2011 Sthil Gas Blower (12) 2010 Red Max Gas Blower (3) 2011 Sthil Gas Sticker Edger(6) 2010 Shindiawa Gas No Text ••1 No Text £ ,�� `\ . �� . , . y�:» . } � . / \ � :a§ § \} � 7 r ®� / �? .7� \ ;� : \ � . . »/* ^ � \ ` \ } \ . ~ « t . � � � � a� \ ) � ! � �� | � /\ 3 � . «/ ^ y� �. �� ` �� - \ � -° ^ ^ ,, . � %� . �� \\�� \ 2� � � � � : � , ©. \ � � � 4 / � � \� �� : �� . �l . ! ©» yw � ^ � y No Text Relevant Experience & Qualifications We are an in state, family owned, Landscape Company. The founding and current owner of the company has over 35 years and landscape experience. We perform services similar to this scope of work all over central and south Texas with over 40 different grounds maintenance crews. We are skilled in the logistics of the make everything very efficient and successful. Our management team combined has each and every license and certification with merit for the state of Texas. We use each others expertise and experience to make a very strong presentation in our daily services to our clients. We use top of the line new age equipment for out services. We use new trucks and equipment to ensure that we are environmentally sensitive and productive. Austin n.r.Mcr.�.rw No Text TEXAS NURSERY & LANDSCAPE ASSOCIATION Hereby declares the following to be a Member in Good Standing March 1, 2011 -February 29, 2012 Maldonado Nursery & Landscaping, Inc. tire4.7.ata4rdi.44.0- Robert Cartwright Chairman of the Board ddy D. Edmondson President The mission of the Texas Nursery & Landscape Association is to advance in the broadest sense the interests of the nursery/landscape industry in Texas. No Text '..,pf ',` ' 4jN1 Py,�., �{;sati:•4 ,•l�J •`y' •�•gcA'^r�' 'c„'",v ,� vy': •"`�'J` ' (tiw y '' �! y�v' �•�r,��r 'v ��'• �i�'�:�-ar 1;+1(1 '��• 'v '�`- � �• ..� ...._. ' 3�' —_._ '{ +14 C` 1 r• ET Cert'iofied y+ Certified Landscape Professional _Y 4 F 4t•S:e w — z,,h fiLa .ff Jerry Maldonado ,: dy,- a4 lnwallallk- le,,.ylwl�eelmewk necej-jave, 'a aelm'eve de j&IVj .ryr Certified Landscape Professional (CLP) • . ,,3':;;x:.(1, �J, � � C� �1•?��. ,�� • sic ("a, u-7 •�;:..:_ .e.�e��zr��e Ze' � ��•�Za� cr�z�ca��e ��etU��C. ww; February 24, 2007 ° v Date Earned '-- = � ::• ' Chair, International Certification Council 1 � �`� ; EXPERIENCE Y 0 U CAN TRUST ' No Text • N 0 N N r r r r E rom0OVCif e s a *led paofpelg T# 3ualual3taS a R 0 F d COre m Y 3 • 8 3 N 2 Q m N Ch r Vyn 0. 8 0 a c we0 3aa�3S e.uil TETT 1 1 z m eo S 00 0. v m z m Qs 8 0 a v Y z • 62: 8 0 0. v • z • 8 0.v Y nZ z • 3- 8 e Y 2 m_ 8" 0 8. v Y Y r V r CO CO oJo O NI V e0 O fJ 01 In w co r w O o r N VI b -4A S Of U i+rAnr+ro�00a e N -4 CO In A w N r 9 n O Creekslde Plaza Greenbelt Chisholm Trail Crossing Park & Greenbelt Greenlawn Park Creekmont (W. CR.LP) Sonoma Greenbelt Greater Lake Creek Park Windy Terrace & Greenlawn Place Park Drinkard's Landing Park Name 906 Round Rock Avenue 500 Chisholm Trail North end of Greenlawn r 8 01 et 3 C. n 0 A Ravenwood w r v Si A 1401 & 1501 Gattis School Road Georgetown & Highway 79 (Behind CVS) PROJECT AREAS G Park Address Linear Park / Linkages 1 Linear Park / Linkages Unear Park / Linkages Linear Park / Linkages Unear Park / Linkages Unear Park / Unkages Linear Park / Linkages Unear Park / Unkages o • a• g I A W 41 N O i 8 A w iD r I,1 A W N k7I' orONNNOreNN 1-, N I -. N N I -. I -. N V s . 308.28 L42 w...�. 0i 6i 47.52 p4� O pippp 00 V Qrf A- N N 000 Qowpo A Total Acres Per PRICE PER Season ACRE N -4 CO In A w N r 9 n O Sam Bass Cemetery Hidden Glen m G University Village Park Bowman Park Behrens Ranch Park'* designated areas Wester Farms Sam Bass Rd & Meadows Drive I1001 Hidden Glen 1300 Woods Boulevard Sandy Brook Drive & Haynie Bend 950 East Bowman Road Behrens Ranch / Wyoming Springs 2607 Bradley Lane PROJECT AREAS G Neighborhood Park I Linear Park / Linkages Community Parks 1 Neighborhood Park Neighborhood Park 1 Unear Park / Linkages Linear Park / Linkages e Y z i e i 0 t F o orf oro r 00 oro O1 Q. G1 tD GO V 4/ N V Of M V V In r 7Y Y C. c Z g orONNNOreNN • al MI E r Pa w `o � r N N r N N {w/1 V vNJ i :V�pp NO A w N 0 O A 0 N avn ALL -4.11.11 810 bneet ••••• blank 359 TEXAS DEPARTMENT OF AGRICULTURE TODD STAPLES, COMMISSIONER P. O. BOX 12847 AUSTIN, TX 78711-2847 (877) LIC-AGRI (877-542-2474) For the hearing impaired: (800) 735-2989 TDD (800) 735-2988 VOICE www.tda.state.tx.us NURSERY/FLORAL CERTIFICATE OF REGISTRATION This is to certify that the person listed below is licensed to sell nursery/floral products at the indicated location in accordance with Texas Agriculture Code Chapter 71. MALDONADO NURSERY AND LANDSCAPING INC 16348 NACOGDOCHES RD SAN ANTONIO TX 78247 Client Name: MALDONADO NURSERY AND LANDSCAPING INC TDA Client No: 00130139 CERTIFICATE NO: 0288667 CERTIFICATE TYPE: NURSERY FLORAL CLASS 2 Effective Date: October 31, 2010 Expiration Date: October 31, 2011 MUST BE POSTED IN A CONSPICUOUS LOCATION THIS CERTIFICATE IS NON -TRANSFERABLE No Text 2,7 [:j.1. !1III`rp4.;rf I tv' Q:41:a tv (61 R. et N M-] 0 4 CID I {► i IIi +j ? If i I) .' Il t ctrv? rn X< Cn 0 0 rw� a z 0 z rn z 0 z rn z r 0 C r ' No Text Jerry Maldonado TCLP 211 The above named is hereby recognized as a • Texas Certified I,and.scape Professional, having fulfilled the requirements of the Certification Committee of the Texas Nursery & Landscape Association littJ404.0ty. Chairman • TNLA Certification Committee Valid Through President Texas Nursery & Landscape Association December 31, 2012 The Texas Certified Landscape Professional certific►tion is a program of the Texas Nursery & Landscape Association No Text fafr of IEIXfl% Historically Underutilized Business Certification and Compliance Program The Texas Comptroller of Public Accounts (CPA), hereby certifies that MALDONADO NURSERY & LANDSCAPING INC has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certificate, printed 27 -FEB -2010, supersedes any registration and certificate previously Issued by the HUB Program. If there are any changes regarding the information «.e., business structure, ownership, day-to-day management, operational control, addresses, phone and fax numbers or authorized signatures) provided in the submission of the business' application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the HUB Program In writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineltgibfitty. CettificateNID Number. 1742593871300 FileNendor Number: 04249 Approval Date: 26 -FEB -2010 Expiration Date: 26 -FEB -2014 9aus Ctilcuv„, Paul A. Gibson Statewide HUB Program Manager Texas Comptroller of Public Accounts Texas Procurement and Support Services Division Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the CertifkkateNMD Number identified above. Agencies and universities are encouraged to validate HUB certification prior to Issuing a notice of award by accessing the Internet (httpi/www.window.sfata.tx.us/procurement//cmbUhuboniy.htmi) or by contacting the HUB Program at (888) 863-5881 or (512) 463-5872. No Text Nursery & Landscaping, Inc. Work Plan Methodology Maldonado has fulfilled the contractual duties of many larger sites. We are very familiar with high profile clients, and have developed strategies which help us excel. Our scheduling and execution is a very crucial part of our commitment to our authorities. Our implementation plan is executed from our vast experience. Maldonado implements mandatory crew meeting weekly to ensure areas of focus for the week. Maldonado also implements monthly safety meeting to keep our employees aware of potential dangers to themselves and other. The abilities to meet project timelines are executed by our vast staff of educated and trained employees. Timelines are the main focus of the scheduling process and implementation of the schedule. Identifying critical and/or problem areas in the landscape are the expertise of the project manager allotted to this project. Maldonado also has trained the crew foreman to inspect the sites when servicing and they are trained to report to there managers to get the issue brought to the attention of the authority as soon as possible. All of Maldonado's crews and management are very familiar with the tasks involved in this contract. We are very experienced with fulfilling contractual obligations in our day to day duties. The extensive training involved in our curriculum is critical to the success of our team. Uniforms and safety vest are worn by our employees at all times to ensure easy identification and awareness. We also wear safety goggles at all times. Cones are always placed around our trucks to notify potential pedestrians of our presence. We follow the contract guidelines to ensure that all preventative measures are taken to retain the quality of the property and also the safety of our employees and the other people at the property. No Text Maldonado Nursery Lei Landscaping, Inc. Methodology for Staffing Maldonado Nursery & Landscaping, Inc. will be adequately prepared for any staff changes that may be necessary. The original staff that will be assigned is a very dependable staff, and has worked for the company for many years. In the case of an absence by any employee assigned to this project, we will ensure that we have backup employees with all of the requirements necessary to perform work on the Round Rock Park sites. We will perform background checks and provide proper training to ensure adequate personal for the scope of work. Maldonado always provides "floaters" for all crews, personal that is available to be on any crew at any time. Management will know the site and be inspect per the contact to ensure the staff is performing the duties as outlined in the contract. No Text