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Item 4O
CITY OF SOUTHLAKE MEMORANDUM October 31, 2012 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services 40 -1 SUBJECT: Approve the renewal of a contract with Dyna -Mist Irrigation Company for an amount not to exceed $123,000 for Group 1 landscape services, and as the alternate for Groups 2, 3 and 6 landscape services Action Requested: Approve the renewal of a contract with Dyna -Mist Irrigation Company for an amount not to exceed $123,000 for Group 1 landscape services, and as the alternate for Groups 2, 3 and 6 landscape services. Background Information: In March 2011, a contract was awarded to Dyna -Mist Irrigation Company for the term of April 7, 2011 through December 31, 2011 with the provision that the contract was eligible to be renewed up to four (4), one (1) year annual renewals beginning on January 1, 2012. The City opted to renew the contract in January 2012 for one year, which is due to expire December 31, 2012. Dyna -Mist Irrigation Company has requested a 2% price increase from the previous contract amount of $120,000 for services during 2013, as allowable per the approved contract. Group 1 landscape services include mowing, edging, fertilization, seasonal color, bed mulch, clean -up, irrigation, tree, turf, shrub, ground cover, trash pick -up, etc, for all Town Square Parks and streetscape, Central Park, Town Hall, DPS Headquarters, FM 1709 right -of -way from Carroll Avenue to 1600 E. FM 1709, and the Carroll Avenue median and right -of -way from FM 1709 to SH 114. The original contract approved in March 2011 was evaluated by a committee consisting of four staff members that reviewed all submitted bids and scored them based on the overall cost, ability to perform, equipment listings, required licenses, references, and past performance. There were City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 40-2 Shana Yelverton, City Manager City Council Meeting Date — November 6, 2012 Page 2 of 2 eight bidders for Group 1 of which Dyna -Mist Irrigation Company scored the highest. Based on previous performance, satisfaction with services, and price, staff recommends the renewal of the contract with DynaMist Irrigation Company through December 31, 2013. In doing so, staff is also recommending the approval of the requested 2% price increase for 2013 allowable per the approved contract. Financial Considerations: $616,800 is allocated in the FY 2013 General Fund Operating Budget for contract landscape services. Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Performance Management and Service Delivery and meets the corporate objectives to Provide Attractive and Unique Spaces for Enjoyment of Personal Interests, Improve Performance of Delivery and Operational Processes, and Invest to Provide and Maintain High Quality Public Assets. Citizen Input/ Board Review: N/A Legal Review: The agreement was previously reviewed by the City Attorney. Alternatives: Alternatives may include the following: • City Council approve contract renewal as presented • City Council approve contract renewal with input as desired • City Council decision not to approve contract renewal Supporting Documents: Supporting documents include the following: • Contract Staff Recommendation: Approve the renewal of a contract with Dyna -Mist Irrigation Company for an amount not to exceed $123,000 for Group 1 landscape services, and as the alternate for Groups 2, 3 and 6 landscape services. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork October 17, 2012 Dyna -Mist Irrigation Co. 2808 Capital St. Wylie, Texas 75098 Attn: Mr. Randy Plumlee Subject: Option to Extend Notification for RFB110IB540MRI 10004 Landscape Services for City of Southlake Dear Mr. Plumlee, 40-3 The City of Southlake is providing notification they intend to extend the contract, pending City Council approval, resulting from your RFBI10IB540MR110004 Landscape Services for City of Southlake, copy included for Fiscal Year 2013. This extension shall become effective January 1, 2013 and after City Council approval (CC Award date ) and shall continue in full force based on the terms and conditions of the initial award. Additionally as a condition of contract renewal a price adjustment may be requested by the vendor and considered by the City. In support of a price adjustment, vendor may submit documentation as to the need of the price adjustment. Requests for price adjustments may only occur at the time of renewal and only upon securing the approval of the City in writing. Requests for price adjustments must be solely for the purpose of accommodating an increase in the vendor's cost, not profit. You have indicated your company will be requesting a two percent (2 %) increase at this renewal. This renewal has been approved. Updated pricing sheets are included. The terms and conditions proposed and accepted in this renewal agreement are as follows Payment Terms: Net 30 days (Unless otherwise noted — such as pre- and/or partial payment) Method of Payment: Shall be made by purchasing card or purchase order. Delivery Terms: FOB Destination Delivery Locations: IF STATED IN RFB DOCUMENT Term of Contract: Shall be effective for twelve months from date of renewal and is eligible for up to two (2) more one (1) year annual renewals City Contact: MIKE REASONER 817 - 748 -8603 Send all billing to: City of Southlake 1400 Main Street, Suite 440, Accounts Payable Southlake, TX 76092 or via email accountspayable e ,ci.southlake.tx.us Other Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal, state, and local sales taxes. All other specifications, terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating in our procurement process. Please call 817.748.8312 with any questions. Sincerely, Tim Slifka Purchasing Manager, CPPB City of Southlake 1400 Main Street, Suite 440 Southlake, Texas 76092 tslifka e ci.southlake.tx.us Phone: 817 - 748 -8312 Fax: 817 - 748 -8048 Contract and Award Accepted: Signed: Date: Mayor John Terrell City of Southlake Attest: Alicia Richardson, TRMC City Secretary Approved as to Form and Legality: City Attorney 1400 Main Street, Suite 440 Southlake, Texas 76092 10/2612012 16:33 9725090156 DYNA —MIST PAGE 02107 40-4 Item # Estimatdd',Quantity of . .Se(vices Per.Year• ... ' AeseCiptibtt:ofPXOdvctS/SeKV ces .': ;; . :: , , . . ... :'�UnitCost ;:FartendedFrice Mowing and Landscaping Services GROUP 1 FINISH MO'WXNG AND LA•NDSC OE SEIl VIC1E$ FOR TOWN SQ UARE i. RUSTIN PARK Map 1 48 Mowing Services Per Sop* of Services $ . 7 S cYq 48 Landscape Services Per Sco a of Services $` $ 2. FAMILY PARK Map I 48 Mowing Services Par scope of Services $ ! 1 7, .3 U 48 Landscape Services Per Scope of Services $ 4 7 $ 3 6 77— 3 CENTRAL PARK M 31 48 Mowing; Smices Per Scope of Services / 7 $ . "4 $ i 48 Landscape Services Per Scope of Services 5-0 $ 72— 4. 1709 RIGHT OF WAY FROM C.A.RROiLL AVE TO 2600 E. F 1709 Map 2 48 Mowing Services Per Scop of Services $ .4, y o 48 Landsca a Services Per Sco a of Services $ 3V.4 $ fs? Q 9 S. SLTM14'IIT I'RIC Map 3 49 Mowing Services Per Scope of services $ a.?Z 56 $ 4$ Landscap Services Per Sco pe of Services $ M , -o $ 7 6. PRANK CORNISH PARK MaR 4 48 Landscape Services Per Scope of Services $ 74 $ 6 ?z 7, 1 MC PHERSON PARK Ma 5 48 Mowing Services Per Scope ofServices $ $ 48 Landsca a Services Per Scope of Services ` .�C� $ fr • v $ 7� S. DPS HEADQUARTERS Map 6 48 Mow! 2g Services Per Scope of Services $ O 10/26/2012 16:33 9725090156 DVNA -14IST PAGE 03!07 40 -5 48 LoAdscae Services Per Scope of Services $ i.3 s 4 9_ TOWN HALL Map 7 48 Landscape Services Per Scn a of Services $ jI4 $ 10. TREE WELLS ON ANY NAMED STREET WITHIN TOWN S DARE Map S 48 Landscape Services Per ScaR2 of Services $ G1 $ 5V 0 11. CARRROLL AVE UT IUGI1T Ok' WAY AND M);AI, NS MOM SIl 114 TO FM 1749 MHD 9 48 Mawlag Services Per Scope of Services $ , )o $ 48 Landscape Services Per Scope of Services $ . 3 G Z TOTAL GROUP 1 10126/2012 16:33 9725090156 DYNA —MIST PAGE 04/07 40-6 Item. # Estimated Quantity of Services Per Year Duseription of Products/Services Unit Cost Extended Price Miscellaneous Services or Products MONTHLY WALK T .UROUGH OF TOWN SQUARE AI EAS AS REQUIRED AND OTHER AREAS AS REQUESTED BY CITY 97. 12 Monthly Walk - Through of Town Square Service Area (GROUP 0 or Other Areas As Re uested or Re aired ,[ $ ' 7t7 4 $ f Irrigation Services 98. As Requested licensed Irri !tor $ �Q, UPx. Hr. 99, As Requested Irri ation Tech $ . ?Orr. Fir. 100. As Rc uested Irri tttlgkt Hel er $ D. LO Pr. Hr. 101. As 9eq uested Trap Charge or Fee to Adjust Irrigation or Other Xe air Services $ pr 102, As Requested Parts Cost+ Vendor Mark -Up % for Irrigation New or Repair Parts % �1� • Z Cost + % 103. As JI uested Other Irrigation Services Charges. Please list: D' _ ..._ S 3 , �d 10/26/2012 16:33 9725090156 DYNA -MIST PAGE 05/07 40-7 0 Vru&r Mil Case + l mk-j W A" ApAcd Ur MODMCAnON OF SCHEDULE OF MCMG Modify Sche"e, of Pricing price submittal requirements for ferffinr, pesticide and herbicide from per pound or unit of measure price to a square feat price_ ORIGINAL SCHEDWA OF PRICING: —0-4 Itit IwW cane + U,4 9V %JOVAns A 1 p , d s� MODH ED SCHEDULE OF rRICJNG: PLEASE COMPLETE AS PART OF YOUR S"1TLD DID ADDITIONS TO PIUCING SCHEDULE: 148. As gqpeded Ferdiirer Application Per Sq. Ft. of Chemical. AMU Labor Cost) Per Sq. ltt. . 001735 109. As Re sted Vendor Material Cost + Mark Up % ibr AnY A001W Fertilizer % /D Cost + 9g0 110. As R nested Pesticide or Herbicide Application Per Unit of Measure of Chemical Applied Cast: Per sq_ Ft s , paf 73`1 121. As Requested Vador Material Cost + Mark Up % for Any Apph ed Peadoide (r Hethloldo % Cost + 9�0 ADDITIONS TO PIUCING SCHEDULE: Mfd'g � • 9aa rceMPSM eer - 74aoMn'1. &Wl SWO V9 • '70A W4 4 T WS7,02 srz7ra 117. As Requ ested Tree, bush or hedge planting aeuvices. labor cost per bz. 7 Per Hr. 118_ As x5tg uested Vendor WtWd Cost + Iftk -Up % for Any tree, busix or hedge material re sue. % /d • Z Cost+ Mfd'g � • 9aa rceMPSM eer - 74aoMn'1. &Wl SWO V9 • '70A W4 4 T WS7,02 srz7ra 10126!2012 16:33 9725090156 DVNA —MIST PAGE 06/07 40 -8 Item # Estimated Quantity of Services Per Year Description of Products/Services Unit cost Extended Price 104.) As Requested Provide Common Bermuda Sod and Installation to Include all Required Services Per Sq. Ft Pr. Sq. Ft S 105. As Provide and Apply No -Float Mulch as Pe uired/Re uested Per Cu. Ft. $ I06. As Requested Color Change Out of Flower Beds Per Provided Flat Price Based on - a 4" Pot Plant Sin Per Scope of Services Per Installed Flat $ 2. I07. As Requested Rye Grass Over-Seeding- priced Per Pound of Seed Applied to include All Xelated Charges. Per Pound FER AND WEED CONTROL SERVICES Pertilixer A !i PPI led $ 1 ;R, Vendor Wattdal-cn ie Fertilizer - as Measure of Chcmictd Applied III, As uested Applied Pesticide or Herbicide Cost 112. As R uested Core Aeration of Turf per Scope of Services Per Sq. Pr $ , p!Q 113. Per Request Other Vendor Charges. ,Please list: $ $ 114. Per Request Other Vendor Charges. Please list: $ $ 10/2612012 16:33 9725090156 DYNA —MIST PAGE 07107 40-9 Item # Estimated Quantity of Services PerYear Description of Products/Services Uji t Cost Extended Price l 15. Per Request Other Vendor Charges. Please lust: $ $ 115. Per Request Other Vendor Charges. please list: $ $ TOTAT. MISCELLANEOUS ITEMS $ 10/26/2012 16:39 9725090156 DYNA -MIST ' 2808 Capital Wylie, Texas 75098 /// 972- 424 -5343 dyna -mist 972- 509 -0156 FAX faesffiifle trms1ni#crd PAGE 01/07 40 -10 To: Tire Slifka, City of Southlake Fax: 817- 748 -8048 Froth: Randy Flumlee Date: 10/26/12 Ike: Pricing Pages Pages: 7 (with cover page) CC: 0 Urgent ® For Review © Please Comment 0 Please Reply 13 Please Recycle . . : . . . . . . . . . . . . . . . . . . . . . . . . ORIGINAL DOQyIVlq 4T CITY F SOUTHLAKE Crry or Council ActionN 0rd.1Res. No. - Date Approved October 19, 2011 Dyna -Mist Irrigation Co. 2808 Capital St. Wylie, Texas 75098 Attn: Mr. Randy Plumlee Subject: Option to Extend Notification for RFB1101B540MR110004 Landscape Services for City of Southlake Dear Mr. Plumlee, The City of Southlake is providing notification they intend to extend the contract, pending City Council approval, resulting from your RFB1101B540MR110004 Landscape Services for City of Southlake, copy included for Fiscal Year 2012. This extension shall become effective January 1, 2012 and after City Council approval (CC Award date and shall continue in full force based on the terms and conditions of the initial award. Additionally as a condition of contract renewal a price adjustment may be requested by the vendor and considered by the City. In support of a price adjustment, vendor may submit documentation as to the need of the price adjustment. Requests for price adjustments may only occur at the time of renewal and only upon securing the approval of the City in writing. Requests for price adjustments must be solely for the purpose of accommodating an increase in the vendor's cost, not profit. You have indicated your company will not be requesting an increase at this renewal and as such all pricing, terms and conditions of the original contract shall remain in effect. The terms and conditions proposed and accepted in this renewal agreement are as follows: Payment Terms: Net 30 days (Unless otherwise noted — such as pre- and/or partial payment) Method of Payment: Shall be made by purchasing card or purchase order. Delivery Terms: FOB Destination Delivery Locations: IF STATED IN RFB DOCUMENT Term of Contract: Shall be effective for twelve months from date of renewal City Contact: MIKE REASONER 817 - 748 -8603 Send all billing to: City of Southlake 1400 Main Street, Suite 440, Accounts Payable Southlake, TX 76092 Other Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal, state, and local sales taxes. All other specifications, terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating in our procurement process. Please call 817.748.8312 with any questions. Sincerelv. _._ Tim - Purchasing Mana er, CPPB City of Southlake 1400 Main Street, Suite 440 Southlake, Texas 76092 tslifkana,ci. southlake. tx.us Phone / Fax: 817.748.8312 / 817.748.8048 1400 Main Street, Suite 440 Renewal App ved John Terrell Mayor, City of Southlake ATTEST' l " 2a 1 l ate Richardson, Southlake, Texas 76092 City Secretary , %`I - V'fHLA,4 • C6 �OOB.y 1 a ® as 40 -12 Finance Department Dyna -Mist Irrigation Co. 2808 Capital St. Wylie, Texas 75098 Re: Correction to RFB 110IB540MR110004 Landscape Services for City of Southlake Dear Mr. Plumlee, This letter is to document the correction of Request for Bid document number RFB110IB540MRI 10004 Landscape Services for City of Southlake. During the contract renewal process it was discovered the incorrect document number was used during the initial award process. This error has been corrected internally and the correct RFB number is reflected on the renewal documents. If you have any questions, please call. Sincerely, Tim Slifka Purchasing Manager, CPPB City of Southlake 1400 Main Street, Suite 440 Southlake, Texas 76092 817- 748 -8312 tslifka @ci.southlake.tx.us 1400 Main Street Suite 440, Southlake, TX 76092, (817) 748 -8345 ORIGINAL DOcQF -0 CITY OF SOUTHLAKE Council Action: & N Ord. /Res. No. }(JTHj ,KE Date Approved ALWA XW dUl March 17, 2011 Dyna -Mist Irrigation Co. 2808 Capital St. Wylie, Texas 75098 ATTN: Mr. Randy Plumlee Subject: RF131011 B540DK100027 PROVIDE LANDSCAPE SERVICES FOR CITY OF SOUTH LAKE Dear Mr. Plumlee: The City of Southlake is pleased to inform you that Dyna -Mist Irrigation Co. of Wylie, Texas is one of three (3) vendors being awarded "RFB1011B540DK100027 PROVIDE LANDSCAPE SERVICES FOR CITY OF SOUTHLAKE" The award and this agreement are based on your bid to the City, copy enclosed. This is a multiple vendor award contract. Your company's portion of the award is attached. This award was approved by the City of Southlake City Council on MARCH 29, 2011. The terms and conditions proposed and accepted in this agreement are as follows: Line Items Awarded Group 1 as the Primary Award and Groups 2, 3 and 6 as the Alternate award. Payment Terms: Net 30 days (Unless otherwise noted — such as pre- and /or partial payment) Estimated Quantities: The City does not guarantee to purchase any minimum or maximum quantity but does contemplate purchasing the awarded items exclusively during the term of the contract from the successful vendors. Method of Payment: Shall be made by purchasing card or purchase order. Delivery Terms: FOB Destination Delivery Locations: Vendor Delivery or City employee pick -up. Term of Contract: The term of awarded contract is as follows: Effective start date is April 7, 2011 through December 31, 2011 and is eligible for up to four (4) one (1) year annual renewals beginning on January 1, 2012. City Contact: DAVE KIELICH 817 - 748 -8107 or TRAVIS EDWARDS 817 - 748 -8034 Send all billing to: City of Southlake 1400 Main Street, Suite 440, Accounts Payable Southlake, TX 76092 Other Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal, state, and local sales taxes. All other specifications, terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating in our procurement process. Please call 817.748.8312 with any questions Sincerely, Tim Slifka Purchasing Manager City of Southlake 1400 Main Street, Suite 440 Southlake, Texas 76092 tslifka(@ci.southlake.tx.us Phone / Fax: 817.748.8312 / 817.748.8048 Contract and Award Accepted: Signed: (_JMLna_ Mayor John Terrell DATE: (30D,( 14: &)I 1400 Main Street, Suite 440 Southlake, Texas 76092 Y Appendix B — Bid Document I learned of this Request for Bids by the foDowing means: ❑ Newspaper Advertisement ❑ City E -mail Notification ❑ Southlake Website ❑ Cold Call to City ❑ Mailed Me a Copy ❑X other Onvia website 40 -14 ORIGI a CIO OfSoutld elte - RFB1101B540MR110004 - Page 14 of 44 Submittal) Cbecklist: (To determine validity of bid) V Appendix B (pages _14_ g) thron _43, most be included in the bid submittal. Appendix C (page _0_) Cosi ict of Interest Fors most be included in the bid submittal. 40 -15 Appendix B — Bid Document (condamd) L REOUIRED BID INFORMATION IN ORDER FOR A BID TO BE CONSIDERED COMPLETE, AND TO BE EVALUATED FOR A CONTRACT AWARD BY THE CITY, BIDDER MUST SUBMIT ALL OF THE FOLLOWING INFORMATION: 1. Proposed Products and/or Services A. Product or Service Descri 'on Bidders should utilize this section to describe the technical aspects, capabilities, features and options of the service or product and/or service proposed in accordance with the required Scope of Services as identified in Appendix A. Promotional literature, brochures, or other technical information may be used. B. Additional Hardware Descriptions Bidders should also include in this section a detailed description of what additional hardware and/or software, if any, would be required by the City in order to fully utilize the goods and/or services proposed. C. Material Safety Data Sheets (MSDS) If applicable, the successful Bidder shall provide the City with applicable MSDS documentation as required by applicable laws and regulations. D. Guarantees and Warranties Each Bidder shall submit a complete copy of any warranties or guarantees provided by the manufacturer or Bidder with the Bid submitted. E. Project Schedule/Delivery Date Bidder must provide a project schedule noting all projected completion dates for segments of the Project, from start-up to completion, and all delivery dates for goods covered by the RFB. The Bid Document must show the number of days required to deliver and install the product or equipment after the receipt of the City's Purchase Order. 2. Cost of Proposed Products and/or Services A. Pricing Pricing shall reflect the full Scope of Services defined herein, inclusive of all associated cost for delivery, labor, insurance, taxes, overhead, and profit. B. Schedule of Pricing Bidder -shall quote unit pricing in accordance with the itemized listing of products or contract segments stated in the Scope of Services and using the following format: City ofSoutkiake - RF'B1101B540MR110004 - Page 15 of 44 40 -16 City of Southlake - RFB1101B540MR110004 - Page 16 of 44 WIN 2. FAMILY PARK Map 1 48 Mowing Services Per Scope of Services $ 115 $ 5,520 48 LandscW Services Per Scope of Services $ 75 $ 3,600 3. CENTRAL PARK Map 1 48 Mowing Services Per Scope of Services $ 78 $ 3,744 48 Landscape Services Per Sc2pe of Services $ 75 $ 3,600 4. 1709 RIGHT OF WAY FROM CARROLL AVE TO 1600 E. FM 1709 Ma p2 48 Mowing Services Per S cope of Services $ 115 $ 5,520 48 Landscape Services Per Scope of Services $ 38 $ 1,824 5. SUMMIT PARK Ma p3 48 Mowing Services Per Scope of Services $ 228 $ 10,944 48 Landscape Services Per Scope of Services $ 75 $ 3,600 6. FRANK CORNISH PARK Ma p4 48 Landscape Services Per Sc2m of Services $ 75 $ 3,600 7. MC PHERSON PARK MA P5 48 Mowing Services Per Scope of Services $ 190 $ 9,120 48 Landscape Services Per Scope of Services $ 75 $ 8. DPS HEADQUARTERS Map 6 48 Mowing Services Per Scope of Services $ 115 $ 5 , 5 2 0 48 LandsM Services Per Scope of Services $ 150 $ 7,200 City of Southlake - RFB1101B540MR110004 - Page 16 of 44 40-17 City of Southlake RFB1101B540MR110004 Page 17 of 44 MINE 2-0 , 50-m. ME 9. TOWN HALL Ma 7 48 Landscape Services Per Scope of Services $ 58 $ 2,784 10. TREE WELLS ON ANY NAMED STREET WITHIN TOWN SQUARE Map 8 48 Landscape Services Per Scope of Services $ 40 $ 1,920 U. CARROLL AVENUE RIGHT OF WAY AND MEDIANS FROM SH 114 TO FM 1709 Map 9 48 Mowing Services Per Scope of Services $ 115 $ 5,520 48 MENEM Landscape Services Per SM of Services TOTAL GROUP 1 $ 75 I I ME w NO $ 3 600 9 i m E R .4. ,- 1 2 3 fi I $ 86 City of Southlake RFB1101B540MR110004 Page 17 of 44 40 -18 M 12. SOUTHLAKE SPORTS COMPLEX Map 10 48 Mowing Services Per Scope of Services $ 165 $ 7,920 48 Landscape Services Per Scope of Services $ 10 $ 480 13. DPS WEST map 11 48 Mowing Services Per Scope of Services $ 115 $ 5,520 48 Landscape Services Per Scope of Services $ 38 $ 1,824 14. S. KIMBALL MEDIANS M2p 12 48 Mowing Services Per Scope of Services $ 153 $ 7,344 48 Landscape Services Per ScqN of Services $ 112 $ 5,376 15. BICENTENNIAL PARK Map 13 48 Mowing Services Per Scope of Services $ 215 $ 10,320 >:,�y� 48 �• •. , MINI _ L!2dscage Services Per Scope of Services , -�'.. � PIUAM TOTAL GROUP 2 $ 150 IM MMIN - 8 $ 7 200 $ 45,984 City ofSouAlake - RFB1101BS40MR11MM - Page 18 of 44 40 -19 City of Soktldlake - RFBI 10l B540MR110004 - Page 19 of 44 16. ROYAL AND ANNIE SMITH PARK Map 14 38 Mowing Services Per Scope of Services $ 115 $ 4,370 38 Landscape Services Per Scope of Services $ 38 $ 1,444 17. SOUT SPORTS COMPLEX Map 15 38 Mowing Services Per Scope of Services $ 115 $ 4,370 38 Landscape Services Per Scope of Services $ 75 $ 2,850 18. DPS WEST Map 16 38 Mowing Services Per Scope of Services $ 115 $ 4,370 38 Landscape Services Per Scope of Services $ 38 $ 1,444 19. PUBLIC WORKS FACHATY Map 17 38 Mowing Services Per Scope of Services $ 290 $ 11,020 38 LandsM Services Per Scope of Services $ 38 $ 1,444 20. SENIOR CENTER Map 18 38 Mowing Services Per Scope of Services $ 152 $ 5,776 38 Landscape Services Per Scope of Services $ 38 $ 1,444 21. STONE LAKES Map 19 38 Mowing Services Per Scope of Services $ 38 $ 1,444 38 Landscape Services Per Scope of Services $ 20 $ 760 City of Soktldlake - RFBI 10l B540MR110004 - Page 19 of 44 40-20 _i TMap2O RO 22. LOCH MEADOW LIFT STATION 38 Mowing Services Per Scope of Services $ 51 $ 1 38 Landscape Services Per Scope of Services $ 75 $ 2 850 23. PUMP STATION # 1 Map 21 38 Mowing Services Per Swpe of Services $ 165 $ 6,270 38 Landscape Services Per Scope of Services $ 63 $ 2,394 24. PUMP STATION # 2 Map 22 38 Mowing Services Per Scope of Services $ 165 $ 6, 270 38 Landscape Services Per Scope of Services $ 3 $ 1,178 25. SOUTH CARROLL MEDIANS Map 23 38 Mowing Services Per Scope of Services $ 51 $ 1,938 38 Landscape Services Per Scope of Services $ 20 $ 760 26. S. KIMBALL MEDIANS Map 24 38 Mowing Services Per Scope of Services $ 190 $ 7 220 38 Landscape Services Per Scope of Services $ 75 $ 2,850 27. EAST HAVEN PARK Map 25 38 Mowing Services Per Scope of Services $ 115 $ 4,370 38 L andwAx Services Per Scope of Services $ 20 $ 760 28. KOALATY PARK Map 26 38 Mowing Services Per Sc2ee of Services $ 196 $ 7, 448 38 Landscape Services Per Scope of Services $ 10 $ 380 City of Soutk[ake - RFB1101 B540MRI I@004 - Page 20 of 44 40-21 City of Sacd lake - RFB1101B540MR110004 - Page 21 of 44 29. LIBERTY PARK AT SHELTONWOOD Map 27 38 Mowing Services Per Scope of Services $ 215 $ 8,170 38 Landscape Services Per Scope of Services $ 75 $ 2,850 30. LONESOME DOVE PARK Map 28 - 38 Mowing Services Per Scope of Services $ 215 $ 8,170 38 Landscape Services Per Scope of Services $ 75 $ 2,850 31. NOBLE OAKS PARK Map 29 38 Mowing Services Per Scope of Services $ 165 $ 6,270 38 Landscape Services Per Scope of Services $ 4 $ 32. OAK POINTE PARK SIDEWALKS Map 30 38 Mowing Services Per Scope of Services $ 165 $ 6,270 38 Landscape Services Per Scope of Services $ 10 $ 380 33. - BICENTENNIAL PARK Map 31 38 Mowing Services Per Scope of Services $ 478 $ 18,164 38 Landscape Services Per Scope of Services $ 75 $ 2 850 City of Sacd lake - RFB1101B540MR110004 - Page 21 of 44 40-22 City of Soutklake - RFB1101B540MR110004 - Page of 44 34. BICENTENNIAL PARK ADDITIONAL / EXPANSION AREA Map 32 38 Mowing Services Per Scope of Services $ $ 38 Landscape Services Per Scope of Services $ $ 35. BOB JONES PARK Nlap 33 38 Mowing Services Per Scope of Services $ 565 $ 21,470 38 Landscape Services Per Scope of Services $ 75 $ 2,850 36. CHESAPEAKE PARK Map 34 38 Mowing Services Per Scope of Services $ 390 $ . .• ,;» �7`1x'�"'.'.:F.r#...t „.Y' T —.« 38 - ._,;ip....._ •,....:..:.... .. :....:... ^r � Tt . ..... .... G:. .,,aa:2. a�i >, z?:#rs_.c�:Lr' . • ' #n::::':°!' Landscape Services Per Scope Services = "• .. r ' µr r?'r' r — : f°i::v ,�, e � �:�;t • � r . . — •.'7 TOTAL GROUP 3 $ 20 v. lil �� :�. ::5 iiu';:,r�s #3F. ”. $ 760 ..i:}L.:� 4�a'..'.�'.'.i�%�....�;.:'!;. - _ $ 184,7- 6 City of Soutklake - RFB1101B540MR110004 - Page of 44 40-23 City of SouthWe - RFB1101B540MR110004 - Page 23 of 44 NO 37. BOB NATURE CENTER Map 35 32 Mowing Services Per Scope of Services $ No Bid $ No Bi4d 38. BOB JONES NATURE CENTER TRAILS Map 36 32 Mowing Services Per Scope of Services $ No B f d $ NO Bid 39. PINE LOT Nlap 37 32 Mowing Services Per Scope of Services $ Nb Bid $ No Bid 40. HIGHLAND AND WHITE CHAPEL LOT Map 38 32 Mowing Services Per Scope of Services $ No Bid $ N+o Bid 41. HARBOR COURT TRAILHEAD Ms 39 32 Mowing Services Per Scope of Services $ No B d ;S No Bid 42. SUTTON PLACE Map 40 32 Mowing Services Per Scope of Services $ No Bid $ No Bid 43. NIKON TOWER Map 41 32 Mowing Services Per Scope of Services $ No Bid $ No Bid 44. FLORENCE TOWER Map 42 32 Mowing Services Per Scope of Services $ No Bid $ No Bid City of SouthWe - RFB1101B540MR110004 - Page 23 of 44 40-24 City of Soxtklake - RFB1101B544MR110004 - Page 24 of 44 45. DOVE TOWER Map 43 32 Mowing Services Per Scope of Services $ No Bid $ No Bid 46. N. CARROLL LIFT STATION map 44 32 Mowing Services Per Scope of Services $ No Bid $ Ng B 1 d- 47. BANK STREET LIFT STATION Map 45 32 Mowing Services Per Scope of Services $ No Bid $ No Bid 48. LONESOME DOVE LIFT STATION Map 46 32 Mowing Services Per Scope of Services $ No Bid $ No Bid- 49. SHADY LANE LIFT STATION Map 47 32 Mbwiiij Services Per Scope of Services $ No Bid $ No Bid- 50. WHITE CHAPEL LIFT STATION M2p 48 32 Mowing Services Per Scope of Services $ No Bid $ No Bid 51. QUAWRUN LIFT STATION Map 49 32 Mowing Services Per Scope of Services $ No Bid $ No Bid 52. DOVE ESTATES LIFT STATION Map 50 32 Mowing Services Per Scope of Services $ No Bid $ No Bid 53. NOLAN MEDIAN Map 51 32 Mowing Services Per Scope of Services $ No BId $ No Bid 54. OAK POINTE PARK Map 52 32 Mowing Services Per Scope of Services $ No Bid $ No Bid City of Soxtklake - RFB1101B544MR110004 - Page 24 of 44 40-25 City of Southlake - RRB1101B540MR110004 - Page 25 of 44 40-26 _. Mmiil 1 . 1 , W1. 57. ROYAL AND ANNIE SMITH PARK Map 55 10 Mowing Services Per Scope of Services . $ No Bid $ No Bid 58. SOUTHLAKE SPORTS COMPLEX Map 56 10 Mowing Services Per Scope of Services $ No Bid $ No Bid 59. BOB JONES NATURE CENTER Map 57 10 Mowing Services Per Scope of Services $ No Bid $ No Bid 60. PUBLIC WORKS FACILITY Map 58 10 Mowing Services Per Scope of Services $ No Bid $ No Bid 61. SENIOR CENTER NUP 59 10 Mowing Services Per Scope of Services $ No Bid $ No Bid 62. RANDOL MILL AND JONSON ROAD LOT Map 60 10 Mowing Services Per Sc 22c of Services $ No Bid $ No Bid 63. LOT ACROSS FROM BOB JONES PARK Map 61 10 Mowing Services Per Scope of Services $ No Bid $ No Bid 64. MRKWOOD Map 62 10 Mowi ng Services Per Scope of Services $ $ 65. PUMP STATION # 1 Map 63 10 Mowing Services Per Sco pe of Services $ No Bid I S No Bid City of Soutklake - RFB1101B540MR110004 - Page 26 of 44 40-27 City of Soutkiake - RFB1101B54@MR110004 - Page 27 of 44 40-28 IRM. _: ROUNDABOUTS 68. SOUTH CARROLL AND CONTINENTAL Map 65 20 Landscape Services Per Scope of Services $ 75 $ 1,500 69. SOUTH WHITE CHAPEL AND CONTINENTAL Map 66 20 L • Services Per Scope of Services $ 75 $ 1,500 70. NORTH WHITE CHAPEL AND DOVE Map 67 20 Landscape Services Per Scope of Services $ 75 $ 1 , 5 0 0 71. NORTH CARROLL AND DOVE MaP 68 20 Landscape Services Per Scope of Services $ 7 $ 1,500 72. S. PEYTONVILLE —1709 PORTAL Map 69 20 Landscape Services Per Scope of Services $ 75 $ 1,500 73, WHITE CHAPEL —1709 PORTAL Map 70 20 Landscape Services Per Scope of Services $ 38 $ 760 TOTAL GROUP 6 $ 8,26 City of Soatkhrke - RF81101 B540MR110004 - Page 29 of 44 40-29 City of Smdhlake - RFB1101B540MR110004 - Page 29 of 44 c .;.rte, a 74. MEDIAN # 1 48 Mowing and Landscape Scope of Services Services Per $ No Bid $ No Bid 75. MEDIAN # 2 48 Mowing and Landscape of Services Services Per $ No Bid $ No Bid 76. MEDIAN # 3 48 Mowing of Services Landscape S Services Per $ No Bid $ No Bid 77. MEDIAN # 4 48 Mowing and Landscape Scope of Services Services Per $ No Bid $ No Bid 78. MEDIAN # 5 48 Mowing and Landscape Scope of Services Services Per No $ Bid $ No Bid 79. MEDIAN # 6 48 Mowing and Landscape Scope of Services Services Per No $ Bid $ No Bid 80. MEDIAN # 7 48 Mowing and Landscape Scope of Services Services Per $ No Bid $ No Bid 81. MEDIAN # 8 48 Mowing and Landscape Scope of Services Services Per $ No Bra $ No Bid 82. MEDIAN # 9 48 Mowing and Landscape Scope of Services Services Per I $ No Bid $ No Bid City of Smdhlake - RFB1101B540MR110004 - Page 29 of 44 40-30 i , 01- ME Im 83. MEDIAN # 10 48 Mowing and Landscape Services Sco .of Services Per $ No Bid $ No Bid 84. MEDIAN # 11 48 Mowing and Landscape Services Scope of Services Per $ No Bid $ No BId 85. MEDIAN # 12 48 Mowing. and Landscape Services Sc of Services Per $ No Bid $ No Bid 86. MEDIAN # 13 48 Mowing and Landscape Services Scope of Services Per $ No Bid $ No Bid 87. MEDIAN # 14 4 8 Mowing and Landscape Services Sco a of Services Per $ No Bid $ No Bit 88. MEDIAN # 15 48 Mowing and Landscape Services Scope of Services Per $ No Bid $ No B 89. MEDIAN # 16 48 Mowing and Landscape Services Scope of Services Per $ No Bid $ No Bid 90. MEDIAN # 17 48 Mowing and Landscape Services Scope of Services Per $ No Bid $ No Bid 91. MEDIAN # 18 48 Mowing and Landscape Services Scope of Services Per $ No Bid $ No Bid City ofSoktklake I RFBI 101 B540MR110004 - Page 30 of 44 40 -31 City of Southkke - RFB11IIB540MR110004 - Page 31 of 44 `,almcr 92. MEDIAN # 19 48 Mowing and Landscape Services Sco a of Services Per $ No Bid $ No BId 93. MEDIAN # 20 48 Mowing and Landscape Services Scope of Services Per $ No Bid $ No B i d 94. MEDIAN # 21 48 Mowing and Landscape Services Scope of Services Per $ No Bid $ No Bid 95. MEDIAN # 22 48 Mowing and Landscape Services Sco of Services Per $ No Bid $ No Bid 96. MEDIAN # 23 48 Mowing and Landscape Services Sco of Services Per $ No Bid $ No Bid ill '1:R «...:lw"•Jta...•,'�� :: lihl�• ; .....1O lip - t 0 w'cy�f ll- 1. -.� �i 1' �' .f�.� :�� � i� i��.i TOTAL GROUP 7 N4T f .. .�syL.::: ^ ^�� � : ,If. j ]'4 �wZ�..L'�: i�h 'Y J��.�. ii :1 � (�•aw I:S�,'.�.� $ No Bid City of Southkke - RFB11IIB540MR110004 - Page 31 of 44 40-32 City of Soutklake - RFBI10IB540MR110M - Page 32 of 44 Nw, i 51-21 W I N wNm mi mal" . r i MONTHLY WALK-THROUGH OF TOWN SQUARE AREAS AS REQUIRED AND OTHER AREAS AS RE UESTED BY CITY 97. 12 Monthly Walk- Through of Town Square Service Area (GROUP # 1) or Other Areas As Requested or Required $ 200 $ 2 r 4 0 0 98. As Requested Licensed Irrigator $ 40 Pr. Hr. 99. As Requested Irrigation Tech $ 40 Pr. Hr. 100. As Requested Irrigation Helper $ 30 Pr. Hr. 101. As Requested Trip Charge or Fee to Adjust Irrigation or Other Repair Services $ 50 Pr Tri 102. As Requested Parts` Cost' + Vendor Mark -Up % for Irrigation New or Repair Parts % 10 Cost + % 103. As Requested Other Irrigation Services Charges. Please list: Weekly spot check, price per zone $ S City of Soutklake - RFBI10IB540MR110M - Page 32 of 44 40-33 F _ _ City ofSoutklake - RFBI101B540MR110004 - Page 33 of 44 = 7N 9 .. . 104. As Requested Provide Common Bermuda Sod and Installation to Include all Required Services Per Sq. Ft Pr. Sq. Ft $ .40 105. As Requested Provide and Apply No-Float Mulch as Required/Requested Per Cu. Ft. $ 2 106. As Requested Color Change Out of Flower Beds Per Provided Flat Price Based on a 4" Pot Plant Size Per Scn of Services Per Installed Flat $ 22 107. As Requested Rye Grass Over - Seeding. Priced Per Pound of Seed Applied to Include All Related Charges. Per Pound $ 2.50 0 :. 108. As Requested Fertilizer Application Per Pound of Chemical Applied $ 109. As Requested Vendor Material Cost + Mark -Up % for Any Applied Fertilizer % Cost + % 110. As Requested Pesticide or Herbicide Application Per Unit of Measure of Chemical Applied $ 111. As Requested Vendor Material Cost + Mark -Up % for Any Apj2lied Pesticide or Herbicide % Cost + % 112. As Requested Core Aeration of Turf per Scope of Services Per Sq. Ft. $ .01 113. Per Request Other Vendor Charges. Please list: $ $ 114. Per Request Other Vendor Charges. Please list: $ $ City ofSoutklake - RFBI101B540MR110004 - Page 33 of 44 40-34 ED City of Soidkiake - RFB1101 B540MR110004 - Page 34 of 44 40-35 Bidder's Experience / Staff A. Project Team Identify all members of the Bidder's team (including both team members and management) who will be providing any services proposed and include information which details their experience. B. Removal or Re lacement of Staff: If an assigned staff person must be removed or replaced for any reason, the replacement person must be approved by City prior to joining the project. C. Business Establishment State the number of years the Bidder's business has been established and operating. If Bidder's business has changed names or if the principals operating the business operate any similar businesses under different names, or have operated any other businesses or changed the legal status or form of the business within the last five (5) years, all names, of predecessor business names, affiliated entities, and previous business entities operated by the principals, if different than present, must be provided; State the number of years experience the business has: 21 ; and the number of employees: 96 D. Project Related Experience: All Bids must include detailed information that details the Bidder's experience and expertise in providing the requested services that demonstrates the Bidder's ability to logically plan and complete the requested project. City ofSoxt►dake - RFBI10IB540MR110004 - Page 35 of 44 40-36 4. References Bidder shall provide three (3) references where Bidder has performed similar to or the same types of services as described herein. Reference #I : Client / Company Name: City of Plano Contact Name: Contact Name: Contact Title: Jim Fox Park Services Manager Phone: Email: 972 -941 -7262 jimfox @plano.gov Date and Scope of Work Provided: 469- 752 -8205 1999 - Present Tom.Kimbrough @pisd.edu Neighborhood and community parks, athletic fields and greenspaces - mowing, trimming, edging, bed maintenance , f er till za ti on an d irrigation reps i r. Street medians" S pr i g t Valley, Lorimar, Mapleshade, Chapel Hill, Tulane, Ventura, Marsh Reference .,n r._.__ ove .._I i _ — .,__._t. n.- I..__-_ Client / Company Name: Plano ISD Contact Name: Contact Name; Contact Title: Contact Title: Tom Kimbrough Regional Facilities Mgr, Dall Director of Facility Qualit Phone: Email: Email: 469- 752 -8205 WoodruffRL@ldschurch.org Tom.Kimbrough @pisd.edu Date and Scope of Work Provided: 1993 - Present 1997 - Present 88 campuses, 150 acres, 82 campuses, 800 acres, public school facilities, mowing, trimming, edging, bed maintenance, weed control, fertilizat athletic field maintenance, tree pruning, rye grass install irrigation maintenance repair (athletics) RPfPrnnrP III- Client / Company Name: The Church of Jesus Christ Latter — day Saints Contact Name: Contact Title: Roger Woodruff Regional Facilities Mgr, Dall Phone: Email: 817 -428 -3227 WoodruffRL@ldschurch.org Date and Scope of Work Provided: 1993 - Present 88 campuses, 150 acres, church facilities, mowing, trimming edging, bed maintenance, tree pruning, irrigation maintenan and repair, mulching, aeration Control .on, ition, is Region NASW 1�4 City of Souddake - RFB1101E"MR110004 - Page 36 of 44 40-37 5. 6. 7. [ X] Yes, Others can purchase Trade Secret and/or Confidential Information Trade Secrets and/or Confidential Information: This bid _ (does) X (does not) contain trade secrets and/or confidential information. If applicable, describe such trade secrets and confidential information, and the basis for your assertion that such material qualifies for legal protection from disclosure. Federal, State and/or Local Identification Information A. Centralized Master Bidders List registration number: B. Prime contractor HUB / MWBE registration number: n/a n/a C. An individual Bidder acting as a sole proprietor must also enter the Bidder's Social Security Number: # - - n/a Cooperative Governmental Purchasing Notice Other governmental entities maintaining interlocal agreements with the City, may desire, but are not obligated, to purchase goods and services defined in this RFB from the successful Bidder. All purchases by governmental entities, other than the City, will be billed directly to and paid by that governmental entity. The City will not be responsible for another governmental entity's debts. Each governmental entity will place their own orders with the successful Bidder and be responsible for ensuring full compliance with the ,RFB specifications. Prior to other governmental entities placing orders, the City will notify the successful Bidder of their intent. Please indicate below if you will permit other governmental entities to purchase from your agreement with the City. [ ] No, Only the City can purchase S. Term of Contract and Option to Extend: Any contract resulting from this RFB shall be effective for twelve months from date of award. The City anticipates that contract shall be renewed pursuant to the availability of funds and at the discretion of the City. The following`clausm shall be included in the contract: A. Option Clause It is agreed that City will have the option to extend the contract for up to four (4) additional years, in one -year intervals. To exercise this option, the City shall serve notice 30 days prior to contract termination or to the end of arty one -year extension The Option to Extend will not be considered if funding is unavailable or if the vendor's past performance is not within the industry standard B. Escalation Clause Should market conditions prevail which dictate an increase, the successful vendor may submit documentation requesting permission to increase pricing no later than 30 days after receiving notice from the City of its intent to extend the agreement. Escalation may only occur at the time of renewal and only upon securing the approval of the City in writing. Requests for price adjustments must be solely for the purpose of accommodating an increase in the vendor's cost, not profits. Vendors shall show in this quote their anticipated percent of escalation if/when the option to extend is exercised. The percent quoted will be a maximum. In addition, the percentage proposed will be a factor in determining the best value to the City. It is the average price over the period of the contract that will be the price factor considered in the evaluation of this quote. Quotes in which negative or no escalation is shown will be considered as 0% escalation. City of SoutAilake - RFB110111540MR110004 - Page 37 of 44 40-38 C. Price Increases Upon Extension If approved by the City, the Vendor shall modify the rates charged by the Vendor to reflect any changes shown in the comparative statement delivered to the City. The maximum increase allowed under this provision shall be four percent (4 %) per year. The City shall have authority, in its reasonable discretion, to determine the validity of any change in Vendor's rates. City cannot exercise the Option to Extend with any price increases unless the Vendor completes the section of the Quote requesting anticipated percentage of annual escalation. FIRST ADDITIONAL YEAR (FY 11 -12) ESCALATION ..................... ». 2 % SECOND ADDITIONAL YEAR (FY 12 -13) ESCALATION ................. 2 % THIRD ADDITIONAL YEAR (FY 13 -14) ESCALATION ...................... 2 % FOURTH ADDITIONAL YEAR (FY 1415) ESCALATION ................... 2 _ % IL CONTRACT TERMS AND CONDITIONS EXCEPT WHERE BIDDER IVAM SPECIFIC EXCEPTION IN THE SUBMITTED BID, ANY CONTRACT RESULTING FROM THIS RFB WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH BIDDER HEREBY A%NOWEEDGES, AND TO WHICHBIDDER AGREES BYSUBMITTLYGA BID: 1. Delivery of Products and/or Services A. Payment Terns Unless otherwise specified in the Scope of Services or otherwise agreed to in writing by the City, payment terms for the City are Net 30 days upon receipt of invoice. B. WgnWU of Products and Services All products furnished under this contract shall be warranted to be merchantable and good quality and fit for the purposes intended as described in this Bid, to the satisfaction of City and in accordance with the specifications, terms, and conditions of the Scope of Services, and all services performed shall be warranted to be of a good and workmanlike quality, in addition to, and not in lieu of, any other express written warranties provided. C. Late Delivery or Performance If Bidder fails to deliver acceptable goods or services within the timeframes established in the Project Schedule, the City shall be authorized to purchase the goods or services from another source and assess any increase in costs to the defaulting Bidder, who agrees to pay such costs within ten days of invoice. D. FOB (delivery charges) All products offered shall be FOB final destination, with all delivery charges to be prepaid by the Bidder. The City does not accept C.O.D. or collect shipments. The contract price shall include all charges, including delivery, installation and set -up fees. All packing, crating, or other debris resulting from the delivery or set -up of the commodity purchased shall be removed and properly disposed by the successful Bidder at no additional cost to the City. E. Excess or Incorrect Commodities Products or materials delivered in error or in excess of the quantity ordered shall be returned at the successful Bidder's expense, unless otherwise agreed to in writing by the City. F. Title to Goods and Risk of Loss For goods to be provided by Bidders hereunder, if any, the title and risk of loss of the goods shall not pass to City until City actually receives, takes possession, and accepts the goods and the installation of such goods, has tested the system, and determined that it is in good and acceptable working order. City of Southlake - RFB110IB540MR110004 - Page 39 of 44 40-39 2. Miscellaneous A. Independent Contractor Bidder agrees that Bidder and Bidder's employees and agents have no employer - employee relationship with City. Bidder agrees that if Bidder is selected and awarded a contract, City shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any' other insurance payments, nor will City furnish any medical or retirement benefits or any paid vacation or sick leave. B. Assignments The rights and duties awarded the successful Bidder shall not be assigned to another without the written consent of the Purchasing Manager. Such consent shall not relieve the assigner of liability in the event of default by the assignee. C. Liens Bidder shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods, and services which may be provided to the City by Bidder or Bidder's vendor(s), and if the City requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. D. Gratuities / Bribes Bidder certifies that no bribes in the form of entertainment, gifts, or otherwise, were offered or given by the successful Bidder, or its agent or representative, to any City officer, employee or elected representative, with respect to this RFB or any contract with the City, and that if any such bribe is found to have been made this shall be grounds for voiding of the contract E. Financial Participation Bidder certifies that it has not received compensation from the City to participate in preparing the specifications or RFB on which the Bid is based and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate. F. Required Licenses Bidder certifies.thathe holds all licenses required by the State of Texas for a provider of the goods and/or services described by the Scope of Services herein. G. Authority to Submit Bid and Enter Contract The person signing on behalf of Bidder certifies that the signer has authority to subunit the Bid on behalf of the Bidder and to bind the Bidder to any resulting Contract. H. Compliance with Applicable Law Bidder agrees that the contract will be subject to, and Bidder will strictly comply with, all applicable federal, state, and local laws, ordinances, rules, and regulations. 3. Financial Responsibility Provisions A. Insurance The Bidder, consistent with its status as an independent contractor, shall carry, and shall require any of its subcontractors to carry, at least the following insurance in such form, with such companies, and in such amounts (unless otherwise specified) as City may require: Worker's Compensaiion and Employer's Liability insurance, including All States Endorsement, to the extent required by federal law and complying with the laws of the State of Texas; ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal Injury, Completed Operations/Products Liability, Premises Liability, Medical Payments, Interest of Employees as additional insureds, and Broad Form General Liability Endorsements, for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage on an occurrence basis; iii. Comprehensive Automobile Liability insurance covering all owned, non -owned or hired automobiles to be used by the Contractor, with coverage for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage. City ofSouthlake - RFB1101B 9 AN[R110004 - Page 39 of 44 40-40 B. Indemnification Bidder agrees to defend, indemnify and hold harmless the City, all of its officers, Council members, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees, court costs and related expenses, arising out of, connected with, or resulting from any acts or omissions of Bidder or any agent, employee, subcontractor, or supplier of Bidder in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees. The Bidder agrees to protect and indemnify the City, all of its officers, Council members, agents and employees, from all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees, court costs and related expenses, arising out of any alleged infringement of patents or copyrights arising from the Contractor's performance under the Contractor's Bid, including attorneys' fees and court costs. C. Indemnity for Intellectual Property Bidder hereby warrants that the use or sale of the products, materials and services delivered hereunder will not infringe on the rights of any trade secrets, patent, copyright, registered trademark, or other intellectual property by right covering such materials and the successful Bidder agrees to indemnify and hold harmless the City for any and all costs, expenses, judgments, and,damages which the City may have to pay or incur. D. Bond Requirements Prior, ta,,tbe commencement of work on this Project, Bidder shatl deliver to the City the following bonds issued by a good and sufficient surety licensed by the State of Te=as and satisfactory to the City: L A payment bond in the amount of 100% of the total contract amount insuring the full and prompt payment of all persons performing labor and/or furnishing materials in connection with this Project; ii. A performance bond in the amount of 100 of the total contract amount insuring full, faithful, and prompt performance of the responsibilities contained in this contract within the time .parameters provided herein. City ofSoutblake - RF3110113540MR110004 - Page 40 of 44 40-41 Appendix C — Form CIQ JNF0RX47T0NREG"DING F tNWR CONMCT OFINTEMT'QUESTIONNAME WHO: A person taud file a coo8iot of interest Westiennsire with the City if the person has a cmploymmt or business rdWonship with an officer of the City War results in triable income exceeding 52,500 during the preoeding twelve month period, or an officer or a member of the officer's family has accepted gft with an aggregaic vahre of more than $250 during the previous twelve mouth period and the pesos engages m any of the following actions: 1. contacts or seeks to cantina far the sale or purcbase of propmty, goods, or services with the City, inclading any of the following: a written aad implied oontmcts, utility pmul ases, purebase orders, credit card purchases and any purchase of goods and services by the City; b. coakmb for the purchase or sale of real property, personal properly inchiding an auction of property; a tax abatement and economic development agreements; 2- submits a bid to sell goods or services, or responds to a request for pmposal for services; 3. err into negotiations with the City for a or 4. applies for a tax abdcnuxd suWar econoame development incentive that will result m a cambia with the City. THE FOLLOWING ARE CONSIDERED OFFICE OF THE CM: 1. Mayor and City Cou20r7 Members; 2. City Manager; 3. Board and Commission members appointed by the Mayor or City Commi] members; 4. Directors of 4A and 4B development corporations; 5. the eawcutive dhectam or managers of 4A and 4B development corporations; and 6. Directors of the City of 5outhlake who have autba ty to sign contracts on behalf of ft Chy. ExCLU;HONB: A questionnaire suftmdtt heal not be Bled if the money paid to a local government oar was a political coatribtudon, a gib to a member of tie officer's fiomily firm a &mily menba; a contract or pmehase of less than $2,500 ar a transaction at a price and subject WAS 176 t IQ.99aSaWaa Pw r an City ojSouthlake - RFB1101 B540MR110004 - Page 41 of 44 40-42 CONFLICT OF INTEREST QUESTIONNAIRE FORM GQ for vendor or v w► pw mn & ft busks wkb k mW sovartwA@nd atllty TM pwtlwwtlw reaalb &Amn arch to the Iww ww KIL 101, 80th Lab, 2mmAw SwaWs. ORWEME OW This gowbxrMia is being iced in acmr 1 1 a wdh Chapter 176, Load Caaremm a Cade orI nerved bya person w1mhasabugn mmWormhipadetkredtry&wkbni76 M1(1w)104 foal powemurwrtd en6ly and Ihs pweon aneefe ra{uueerw»is undsrSwtion 176.D06{aJ, By lawif dw quwwtionlrire need be 11e d wNh Ure lamrda admil�trahr dffi a bed go�xnerdaJ amMy not Interthm to 71h buebwday after**dsleltrs person bnwnm aamlvodfacta *m roqubi the st I etas I to be god. Sae Sedia1176.06, Loaf Oovenarwlnl Cada A palsolt commib an gllerlee if me peleat knowingly viabim Seedarr 176106. Local 0overra wd.Coda.An afferne underlhb secfhn ba ChwC misdamarar. 1 mm* ofpmma aft has elwmftmk %mwwpvAmlootoovwlmrwwaft D na -Mist Irrigation Cio. El Clleaa ttpebowifyoosnflfnpanapolaaaapravioaMYdqueeltr , rewire, ('tae few F"Wm fkst )w tlb w updated =WOW quaMonnate elfl tae approprkrle I"aafrodty not hive thm dre 71h bmin ss dqf aflerfhe dwtr ft army SM queedmimmim bacames In=VW or Inacuin te.) _ gimme atweefoowmawaffilcarmD whomilerhm wepfotmwet off mmnwrambanohtp. n /a NsrMOrOffow Tab 8K9on (darn 3 tadudkq wdlparb A. B. C A 0) muq be wmplefed tar ewch ofdoer wWl wham eve war w an employment a corer bugnm ramp ft ae A by Bemon i7 =(iak Loaf Oc wmsoera Coda AMch 10dmwd pegw b flfa Fan = as IMMUM A to of meal owwwtem orm rasrwd a 26 secmrt rwaekdlrg or lkely b mcM terabb fnwm, alter 1r>an Mvmbmd Woo, from the veer of CM quaaBmwkw You a mo B. b the tiMral dM qundsnneire reaNbq ar IMy U Iewlve feabb ktLmtw, other faaa bvewnwrl hoom4 Zorn Q at the dlraefml of the laml dommned a®oer rtamwd in ills acko AND the taabr krmm to not mcaawd tram *A lonl ME - F tv C. is No her ad this qussfmnWm ampwyad by a rmporown or olm btelrms elady wfh tsspaet 10 vAft the bpl gmemrwwat alker EK M as an o111raH or d" ML or hoWn an own=M of 1 0 pe WK OF navel a F7 No D. Dena be each wrrplmma or bra rehdionabip wdh Ore bell ommnwd afro: wwnad kl ode mckm 4 2/25/11 S a<pween f wlawM'IIw1 ale 9awnwwwle wwy omb A*OW NOW= WASamldelastM mdlwmmmX:bgW lMAuwbw.ACIQ.09M9Aoc Poe 3 of3 City of South/ate - RFB110I BS40MR110004 - Page 43 of 44 40-43 TO: AN Bidder' REQUEST FOR BIDS: BID DUE DATE: ADDENDUM N1QNMM # 1 DATE: February 14, 2011 RFB1101BS40NMI101U LANDSCAPE SERVICES FOR QTY OFSOUTHLAKE 3:00 pm., FRIDAY FEBRUARY 2S, 2011 I. ADDENDUM NO. 1. dated FEBRUARY IL 2011. per Addendum #1, the City of Soufidake is anWaring vendor questions asked during the Pte -Bid meeting and submitted vendor questions prior to February 14, 2011, modifying the Scope of Services and modifying the pricing ache"c- QUESTION: Does rye grass over seeding services include scalping? ANSWER: Yea. QUEST ION: What is the standard color Sat size you are requesting? What is the number of pW to per flat? ANSWER: The City is requesting 18 plants per flat. QUESTION: Will twrf erase receiving over eroding this year be ova seeded next year also? ANSWER Yes, we believe so. Ovg will be as requested by the City. QUESTION: Will the City spcc fy the amount of fertilizer to be applied. ANSWER: No. Amount of chemical applied will vary depending on areas requested and manufitchrrer recounnended application rates and soldelinee_ QUESTION: Will you specify brand of chemical for application? ANSWER: No. Vendor is the expert on what chemical is requhW for a given result at a gives location. The vendor shall submit their bid on the brand they normally use The City will require notification of application and what chemical is being utilized but brand choice is up to the vendor. QUESTION: Is any tree trimming involved? blydSaA� " FkAM t • 14GMWSM SAM 4M • SM#Mft TOM 7M 817.NadJ17 An EE(XA1 rmOn Aden lnnUkftn 40-44 ANSWER: Yes, but very minimal As stated in the bid mother vandc r is contraeW for tree related rt - — , i ca. Mowing sndibr landscape vendor shall be required to parform minimal low hanging branch pruning as required in arses they provide services for. The City does not expect the mowing or la &cVe vendor to provide regular tree priming services. QUESTION: Do you have a porW for Town Square? ANSWER: Yes, Inland Scu&west Management LLC provides trash man &== services within Town Square. Vendor a ragmasrble for picking up debris during mowing or landscape services wit>va their smaned se vica arses. QUESTION: Is a bid bond required? ANSWER: No. Only a payment and performance bond per page 40 section 3 paragraph D of the bid doca eaL QUESTION: Are you ocn4 feting only 23 of the 39 medicos shown aloag FM 1709 Sarthla W Blvd? ANSWER There are ac tisally only 23 medians. There are 39 pages of drawings. Some of the medians are split into two dmwmp. MODIFICATION OF SCOPE OF SERVICES: Remove Color Change Oat, Over Seeding `sad Mum services from Landscape Services Scope of Services included in landsaq)e service casts and lie as a w mate dwM able item in the Schedule of Pricing. Item #'s 105,106 and 107 ss listed is Schedule of Pricing. r n rrP_ r�. .. •� .�. nE r_ r • Color c hmgc out of flower beds as requested. Standard flower types, depending an season or time of requested cue shall be used. • Over Seeding wish perennial Double Eq#c or equivalent Ryograss in requested areas. • Provide No-Flast Mulch as ragae W or required. C,ydsa#*b • a7W DVW • 140MO Seen S &M • Sarrck reds ME 8f1.71aB1l2 M EWMImWw I Iluean 40-45 MODIFICATION OF SCEWAHH E OF PRICING Modify Schedule of Pricing price submittal mphumb for ft0fur, pesticide and herbicide from per lowd or =t of marines price to a square foot price. ORIGINAL SCHEDULE OF PRIC3NG: MODQFD SCHLDUM' OF PRICING: PLEASE C0?WPL>I:TE AS PART OF YOUR SMUTTED BID 1os. Asl@MPIW FwdftwAmp1cmdm Per Pond mf Cbm=oel AwW s 109. As Rawmebd Vmdor hbWW Cat + Madr Up % for Any Applied Fertfm . % cost +% I10. As tbddde or Butidde Apple W= hr IImt of llfe.woe 0fCb@mdwAvvw $ 111. An RaquMcd Vamdor Mawd Cat + Mak4LJp % sr Any Applied Peetid& ar Hedddde % Chet+ l6 MODQFD SCHLDUM' OF PRICING: PLEASE C0?WPL>I:TE AS PART OF YOUR SMUTTED BID ADDITIONS TO PRICING SCAEDULF: 10& As Fortitiur Ap&cution Per Sq_ Ft. of Chemical Cost) Per Sq. Ft. s , D 017 ' 109. 1 As Requested Vendor Material Cost + Mak-Up % for Any Applied Fcrtilim % 10 cod + % 110. As Pesticide or Herbicide Application Per Unit of b amve of Q=nical Applied Cost Per Sq. Ft. . 0 017 S 11L I As Requested Vendor Makrial Cost + Mack -Up % for Any Applied Pesticide at Herbicide % 10 Cost + % ADDITIONS TO PRICING SCAEDULF: coyarsast * • Fbaarta cowuerr • mg0Iwbnxsm**w • Sbwik raw Am W717AMn At EWAft e" Aeffm heaudon 117. As Tree, bush or hedge plalrting etavices. Labor cost per hr. $35 Per Hir. 11& As Rumsted Vendor Material Cost + Madk -Up % for Any tone, bash or hedge mal ial nq=ud 'X 10 Cost + Xe coyarsast * • Fbaarta cowuerr • mg0Iwbnxsm**w • Sbwik raw Am W717AMn At EWAft e" Aeffm heaudon 40-46 RELMOVIM FROM PRICMG SCHEDULE: Item # 34 is being m=vW ftm initial bid A contract mmdma t shell be c uded to add this locadw to awarded vendors contact, Per typo of mowing smvicea requhv4 once area hes complettd conshuctim services. 34. BICENTENNIAL PARK ADDEWNAL /EXPANSION AREA Mg 32 38 mowing Servioos Per of Servioeg $ $ 38 7 Landsciqz Saw= Per Sew of Services $ 1 $ 1 11 11111 t IN THE SUBMISSION OF HIS BID, $IDDER .MAST ACKNOWLF.DGB RECEIPT OF THIS ADDENDUM. BIDDER SHALL ACKNOWLBD m Tms ADDENDUM BY SIC3NIIdO AND RETURNING ONE COPY OF THIS NOTICE WITH THM BID. SIGNED: DAB 2/25/11 COMPANYNAME: Dyna —Mist Irrigation Co. Caryafssobb - laic DkpWuW - I*vm o suet sue►40 - Smft a Tess 7W arzz W12 An EMAOTan s Ad hm Ih� -, -1 40-47 ORIGINAL ADDENDUM NUMBER # 2 TO: AR Bidders' DATE: Febraary 1$,2011 REQUEST FOR BIDS: RFBI101BSOMR110 M LANDSCAPE SERVICES FOR CI'T'Y OF SOUTHLAIKE BID DUE DATE: 3:00 p.aa., FRIDAY FEBRUARY 25, 2011 1. ADDENDUM NO. 2. dated FEBRUARY _I& 201L per Addendum #2, the City of Souddake is answering additional vendor submitted questions and modifying the pricing sdxxhde. QUESTION: How far off the street does the right of way extend? ANSWER: The right of way is defined as iiam the edge of the pavement to the foncc line or adlity poles. If them is neither a ft ace line nor utility poles, the right of way will extend twenty feet from the edge of the pavement. QUESTION: How do I determine what is HOA, Dome owner, or business maintained when trying to determine right of ways? ANSWER Most HOA's Right of Way WM have the subdivision name posted such as Timarran, Estes Pads and/or Diamond Circle Estates and wM be maintained by the m&vx nai HOA. The back side of the sabdiyisicmy-if it is on a road or street that is part of the mowing contract should be inchkied is your costs such as South Ridge Lakes mbdivmon on North Peytonville road or Diamond Circle Estrobes what the front side on White Chapel is maintained by the HOA but the backside an Soa&Ww Blvd is part of the bid Undeveloped properties that arc on the ROW straeta and roads should also be included in your costs. Most businesses or companies that mwage business propertm maintain their property and should not be inchided in ROW costs. Also, school property, per, and city faci'ltm should not be inchided m you ROW costs. These costs are already incorporated into the indhvWW area coats except far gebool prgx ty which w not included is this bid. Home owners are ragweed to maintain their own right of way except when they are prevented because of ditch or public easement such as Dove Road between White Chapel and Carroll Avenge. in tide cow vendor shall be responstble for these amaa. QUESTION: How many irrigation c herb ahMjd we pbn to perform a yeaft ANSWER The number of k ahon dmxh performed is at the disaW n of the awarded vendor. It is the vendor's re sponsiMity to maintain the irription Systems in prupa worlung onier. C9yolSOMMO • F60004whoor • 14MIMS ast -26440 • Sa+ftia Tares 7M BTT.7�d@JT7 An mo/A#Ims" Action kaftdon I • I m QUESTION: Should those iagation sygm dwcke be incladod in a portion of do bid, or based on the hourly rate that we provide in the RFB? ANSWER: Any iQigation checks should be inducted in the vendors base bid cost far the area. A separate chwV is not allowed for these irrigation checks. The bid does allow for a monthly walk -thm fns of seaviee areas and as ungstiaa systems ab k may be peribtzood vmdor at this time but additional inspections of im mation systems may be required and shall not M= an additional charge. QUESTION: on the property labeled -Carroll Avenue Right of Way and Medians from SH114 to FM 1709", the map appears to contain only the media. Does the property along the sides of Carroll Avenue require lawn at hmdscapc samots? ANSWER: Yes. The property on the East side of Carroll Avenue from the curb to the sidewalk is included. QUESTION: When pricing iaigation Pmts acrd fat ilization material do we only need to provide a madk- up % or also include the pricing for snare of the products? ANSWER: Only the marlk-up percentage vendor is charging is inquired. QUESTION: Marry of the properties in Group # 1 appear to have little mulch in the beds currently. Should we expect this to happen amorally? ANSWER: Mulch depth in the various beds will be a directed by the City. QUESTION: In ref nwc a to section 5 of the RFB "Estimated QuantitieC should we expect that items such as rmdcb and seasonal color will be performed by the same company that was awaded each property? ANSWER: The City reswm the right to awed this contract in the best interest of the City. We curneody mate awarding all mchided scamces by Group but reserve the right to award in the but intbmat of the City. QUESTION: Do the tree wells need to be maintained, or would you Me to we grass fill the area to the trunk? If you want them maintained, should m aldr be installed in the tree wells at the same fiapmacy as other landscape beds? ANSWER: Tree wells will be maintained per City direction. This may include full muldr, grass, plant material or a coon thereof. QUESTION: In order to maintain competitive pricing, can you !ell us how many times each property in Croup #1 was serviced in 20107 Do you exped a similar schedule in 2011? AMWEL No. That information is not readily available. We have estimated the quantity at forty eight (48) smvices required for Groop # 1 which is only an estuunte. More or less services may be required depending an weather or other firs. CkyaS • fimm DWmww • Waa hS eK Me 40 • Sauditsk rem en. Mesrz An EMYNArms"Aafi n y.auson 40-49 QUESTION: In Cmtzal Pads there is an area of landscaping to the South of the park, sepamtad by padmg that has this arms type of punts as the park. Map # 1 does not show that this is included. Should we include this area m oar bid? ANSWER. No. QUEST ION: The tree welts m fitmt of the Brown d nes are on named susses. Are these included in the Town Square tree wells? ANSWER: No. Those currently are pert of an HOA agreement and ate not included. QUESTION: Are the wax Myrtles in Summit Park supposed to be trimmed? ANSWER: Yea Per the Landscaping Scope of Services, page # 9, trim =ag of bush, brush and hedge trimming services as regWrad to mamt= required appearance. QUESTION: At the cat wum to Town Square on each side of Rusth Park there are lance areas. Which porfm of the bid should these be ket ded in? ANSWER: The areas not included m Map #1 for Rustm Padc should be included within the 1709 Right of Way areas within Group #1. QUESTION: There is a pasdae -style area on the East side of DPS HQ on Carroll. Is this iwluded in the Group #1 bid? ANSWER: No. QUESTION: Is there laodawping and irrigation inside the fimced and gated perking lot at DPS HQ and is it pad of the contract? ANSWER Yes. There are turf areas and bushes basted within this area. These areas may be viewed fiom the ih = line. There are two (2) kipdon aystesns consiftng of regular -and drip imptiaa systems looted within this gated area. All areas of regular irrWhon may be viewed from outside the accrue arts. The drip inigabon system located within the gated was oonaisls of 13 raised beds. There is one large L shaped bed appnoxkntely 21' x 4, fear raised beds apprmdmotdy 14' x 5' and eight raised beds approximately 14' x 2'. We have included photos of these raised bade due to this being a secured area. QUESTION: Are the Boxwood and Indian Hawthorm an nerved streets included in tree well bid for Town Square? ANSWER: 'Yes. QUESTION: Do the Indian Hawthom beds need to be included m tree well pricing fray Town Square? ANSWER: Yes. If located on a named street. Q1yGM • fiarceQgaaarrarX • 14WAbbSft%SLI M • $VWjk FeeSMW 017 MW12 An EEOVAftodw Adm Ian 40-50 MODIFICATION OF SCHEDULE OF PRICING Modify Sdwduk of Pdcing price submittal i+ecpniremeats for Item 56. Remove SH 114 Right of Way fmm cost of Itrm 56 ad. list this area as a apsi to c hwSmble area Item 56A. ORIGINAL SCHEDULE OF PRICING: MODIFIED SC®ULE OF PRICING: PLEASE COMPLETE AS PART OF YOUR SUBNUT ED BID 56. RIGHT OF WAY — YELLOW AREAS Map 54 32 mawmg Services Per §2m of Services $ $ MODIFIED SC®ULE OF PRICING: PLEASE COMPLETE AS PART OF YOUR SUBNUT ED BID c AyvfSa tree: 0 faunae uyaaraae W • 14MM* seaet SA 4o • saea*a. rae$s BMW 91774002 An�A�ra�Adion YW�ion 5C RIGHT OF WAY YELLOW AREAS RRCLUDING SH 114 Map 54 32 Mowing Services Pet SwW of Services $ No Bid $ No Bid SfA. RIGHT OF WAY YELLOW AREAS SH 114 AsReques mowim Services pm S cope of Services $ No Bid c AyvfSa tree: 0 faunae uyaaraae W • 14MM* seaet SA 4o • saea*a. rae$s BMW 91774002 An�A�ra�Adion YW�ion 40 -51 e i I . HII ' i1 M IN THE SUBMISSION OF HIS BID, BIDDER MUST ACIINOWLEDGE RECEIPT OF THIS ADDENDUM. BIDDER SHALL ACBNOWIMUE THIS ADDENDUM BY SIGNING AND RETURNING ONE COPY OF THIS NOTICE WITH THEIR BID. SIGNED: 4 k DATED 2/25/11 COMPANYNAME: Dyna -Mist Irrigation Co. CfyafSaat tW • FmwceDlspeAWW • MW SO 440 • Sarl bf^ TOM MW 877, 748312 M EEOAWrMWW ACW M "' 16on 40-52 City of Southlake RFB1101B540MR110004 Landscape Services for City of Southlake Equipment List Dyne -Mist Eauiament Type 16' Rotary Finish Mower 6' Z -Turn Mower 5'Z-Turn Mower 4' Walk Behind Mower Tractor — Buffalo Blower & & Mechanical Edger Line Trimmer Hand Held Edger Back pack Blower Hedge Trimmer, double sided Hedge Trimmer, single sided Trimming Attachment ORIGINAL Make/Model Otv Needed Qty Available Toro 5900 3 10 Toro 7210 2 5 Toro Z593 -D 1 5 Skagg S WZ48 3 10 Steiner 430 1 4 Stihl FS80 11 40 Stihl FC95 4 10 Sdht BR420 8 25 Stihl HS81R 2 5 Echo HC230 1 5 Stilil ST14230 1 10 Miscellaneous Hand Held Tools will also be used on this contract. 40-53 City of Southlake N4 . RFB1101 B540MR110004 Landscape Services for City of Southlake Appendix B — Bid Document Additional Information Dyna -Mist I. REQUIRED BID INFORMATION 1. Proposed Products and/or Services A. Product or Service Description: A successful landscape maintenance program requires a contractor who understands the client's desires and needs. The contractor will be able to choose the correct equipment for the property and utilize it in an efficient manner. He will notice potential issues and take action prior to major problems arising. He will communicate effectively with the client, get things accomplished in a timely and professional manner, yet go virtually umoticed to the general public. Dyna -Mist has this ability and it is exhibited every day on more than 200 properties across the Metroplex. We have the ability to maintain all types of properties from very high priority to empty lots. We own and operate maintenance equipment for every aspect of grounds maintenance from light fairway reel mowers mowing specialty tiff grass athletic surface four times per week, to 16' cut finish rotary mowers, to 21" walk behind mowers. Our operators are trained for each specific machine that he or she will use. Dyna -Mist has never been removed from any contracted duties prior to contract maturity. This contract is a service contract - the machinery used on the grounds will probably be very similar. The service and results will probably not Please contact our references and view some sites we currently maintain to determine if Dyna -Mist can be a partner to a successful grounds maintenance program for the City of Southlake. B. Additional Hardware Descriptions: n/a C. Material Safety Data Sheets (MSDS): Will supply upon award. D. Guarantees and Warranties: n/a E. Project Schedule/Delivery Date: The schedule will be delivered following a pre- construction meeting with City staff to determine "best days" of the week for each property maintenance activity. 2. Bidder's Experience / Staff A. Project Team: Randy Plumlee — contract manager, 21 years experience in the landscape and irrigation business Kay Vogt --- office manager, 25 years experience Jorge Calero — superintendent, 14 years experience in the landscape business Kelly Jimenez — fleet & safety manager, 25 years experience as safety and fleet maintenance manager 40-54 Nicolas Munoz — crew foreman, 15 years experience in the landscape business Zeferino Ruiz — crew leader with 3 years experience, 5 years experience as 5900 operator Guillermo Ruiz — 3 years experience as 5900 operator Guillermo Bolanos — 2 years experience as Z- Master operator Sixto Bolanos — 6 years experience as Steiner tractor operator (edger/blower) Juvenal Vega —10 years experience as 5900 & Z -Master operator Alejandro Vega — 6 years experience as line trimmer specialist Saulo Sales — 4 years experience as line trimmer specialist Alejandro Zuniga — crew leader with 3 years experience, 6 years experience as 5900 operator Jose Chacon -- 5 years experience as Z- Master operator David Lozano — 5 years experience as Z- Master operator and line trimmer specialist Mario Bolanos — 3 years experience as line trimmer specialist Teodoro Perez — 3 years experience as line trimmer specialist Marcelo Favela — 8 years experience as crew leader and Z- Master operator Daniel Orona — 3 years experience as line & hedge trimmer specialist Jose de la Luz Claudio — 3 years experience as line trimmer specialist Rafael Ramirez —14 years experience as crew leader and hand trimming, tree pruning specialist Joaquin Sales — 3 years experience as hand trimming and tree pruning helper Alfonso Lopez — 5 years experience as hand trimming and tree pruning helper Joel Vargas — Licensed Irrigator, 15 years experience in irrigation industry Francisco Castro — irrigation helper with 3 years experience B. Removal or Replacement of Staff: We will email this information to the contract liaison. C. Business Establishment: (answered on Appendix B) D. Project Related Experience: Dyna -Mist has been maintaining municipal properties including medians, parks, sports fields, municipal buildings for no less than 15 years. The majority with the City of Plano and the City of Allen. This includes grounds maintenance, fertilization, herbicide and irrigation management, repairs and installations. We also maintain grounds for local school districts including Plano ISD and Frisco ISD. We have experience and expertise in safety and professionalism in the public arena and around children. Please contact Jim Fox with the City of Plano (972 -942- 7262), Tom Kimbrough with Plano ISD (469 - 752 -8205) and Blake Vaughn with Frisco ISD (469 -633- 6520) (see reference page) to inquire about our level of service, knowledge and expertise in the field of grounds maintenance and landscaping. Other clients include Park Place Motorcars (auto dealerships) and The Church of Jesus Christ Latter -day Saints (churches). 40-55 TEXAS DEPARTMENT OF AGRICULTURE � p f� TODD STAPLES, COMMISSIONER P. O. BOX 12847 AUSTIN, TX 78711 -2847 4 C 1- 877 -542 -2474 a- gyp `? 8XA`� For the hearing impaired: (1 - 800 - 735 -2989) TDD (1-800 -735 -2988) VOICE www.tda- state.tx.us SPCS BUSINESS LICENSE This is to certify that the business listed below has met the licensing TDA TPCL No.: 0567879 requirements of Texas Occupations Code, Chapter 1951 and is authorized to engage in the business of Structural Pest Control_ SPCB TPCL : 10577 regulated herbicides. This license is issued for purchase and Issue Date: 01/31/2011 DYNA MIST CONSTRUCTION CO INC SPCB TPCL : 2808 CAPITAL Expiration Date : 01/31/2012 WYLIE TX 75098 Expires TEXAS DEPARTMENT OF AGRICULTURE STRUCTURAL PEST CONTROL SERVICE TODD STAPLES, COMMISSIONER _ k- P. O. BOX 12847 AUSTIN, TX 78711 -2847 (877) 542 -2474 For the hearing impaired: (800) 735 -2989 TDD (800) 735 -2988 VOICE: www.tda.state.ltx.us/svcs COMMERCIAL CERTIRED APPLICATOR TDA TPCL No.: 0567879 This is to certify that the person whose name appears below has met the requirements of Texas Administrative Code, title 4, Part 13, License No.: 0561572 Chapter 7, Subchapter H and Chapter 1951 of the Texas Occupations Code. SPCB TPCL: 10677 RANDY PLUMLEE Expires: 01/31/2012 DYNA MIST CONSTRUCTION CO INC 2808 CAPITAL WYLIE TX 75098 Categories: W,L,P TEXAS DEPARTMENT OF AGRICULTURE TODD STAPLES, COMMISSIONER P. O. BOX 12847 AUSTIN, TX 78711 -2847 (877 - 542 -2474) For the hearing impaired: (800) 735 -2989 TDD (800) 735 -2988 VOICE. www.aar.state.tx.us COMMERCIAL TECHNICIAN LICENSE This Is to certify that the person whose name appears below has met TDA TPCL No. the requirements of Texas Agriculture Code Chapter 76, relating to application of restricted -use or state - limited -use pesticides or Technician No. regulated herbicides. This license is issued for purchase and application of restricted -use or state - limited u pesticides or SPCB TPCL : regulated herbicides to be used according to label directions consistent with the use categories listed below. Expires JORGE CALERO DYNA MIST CONSTRUCTION CO INC CategOne9 2808 CAPITAL W WYLIE TX 75098 < 0567879 0553652 10677 01/31/2012 40-56 JL"ma JJ Y VUA L1 1.L1 \ a71.. l.lY6ld� UL4I 1 t1�7hi LAI.L' a7 !tilll�lTll \J �fL1L laLTl Ltfl tfa AL.Lr l L1�1L'JJ. 4 TEXAS DEPARTMENT OF AGRICULTURE U TODD STAPLES, COMMISSIONER r P. O. BOX 12847 AUSTIN, TX 78711 -2847 (877) LIC -AGRI (877 -542 -2474) 'rFxtS' For the hearing impaired: (800) 735 -2989 TDD (800) 735 -2988 VOICE www.tda,state.tx.us COMMERCIAL PESTICIDE APPLICATOR LICENSE This is to cer6ry that the person whose name appears below has met TDA Client No. 00262350 the requirements of Texas Agrfculhne Code Chapter 76, relaiting to application of resotted -use or shil"mNed -use pesticides or TDA License No. 0259338 regulated herbicides. This license is Issued for purchase and application of restrir se or staWlimrdted -use pesticides or Effedive Date: February 28, 2011 regulated herbicides to be used according to label directions consistent with the use categories listed below. R Expiration Date: February 29, 2012 RANDY PWNLEE 2808 CAPITAL CATEGORIES: WYLIE TX 75098 5,3A 40-57 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Be it k=m that JOEL VARGAS has fulfi!!ed the r ce requirements in accordan with the taws of the State of `reXas for LICENSED IRRIGATOR License Number um7652 Issue Date: 01/0412010 ,piration Date: 0113112013 "Cr ecto Texa Q 40-58 TEXAS COMMISSION: ON ENVIRONMENTAL QUALITY Lkewe Number .00601332 Issue Date: o1119/2010 EViration Date: 01131=13 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Be it k nown fat JORGE A CALERO has fuW the reqUiemmu n with the Caws of the State of T&Wfor LANDSCAPE ndaGATION TECHNICIAN License Nwnberrr0001310 Issue Date: ovismio EViration Date: 01131/2013. Ekwutize recto Texas Cmmnission on Erwiro:UQuality • F • 1 TEXAS COMMiSSION ON ENVIRONMENTAL QUALITY Be itknouft that RANDY SCOTT PLUMLEE hasfulf-" the' wire rents in accordance with the Caws of the State of Texas for LICENSED IRRIGATOR License Number. U0002195 Issue Date: osm mow ZTcutive Director EViration Date: o5/31/2ol 1 TeXas Commwion on Envumvantaf Q"fity -'a !'((,A C4 if V'l J1 V i"(P VA (9 , V4_01r1 I r1wi-10-1 40-60 CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE 1/27/201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, DOOM OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTIUM A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: M the Cerli icals holder Is an ADDITIONAL INSURED, the pollWho) is be endorsed. If SUBROGATION LR WAIVED, subject to the terms end corKUbns of the poky, certain poNdea may requhe an erAcro nlsnt. An Is ra on this celtNkate doss not confer rights to the csrtilka6e holder in Neu of such S . PRODUCER McQueary Henry Bowles Troy, LLP 8144 Walnut Hill Lane, 16th Floor Dallas TX 75231 = Hays rNDNE - 7 7 0 - No: - - ADDRESS: Jud y ha somhbt.com PIQUOUGUR CUFpW=Ipp :DYNAMIRR INSURER(S) AFFORDING COVERAGE NAIL N WSURED Dyna -Mist Irrigation Company, Inc. 2808 Capital Street Wylie TX 75098 INSURERA:Texas Mutual Insurance Company 22945 NsuRERB:H=loyers Mutual Casualty Company 21415 wuRERC:BMCASCO Insurance Company 21407 MURHR D : 2/1/2012 INSURER E: $1000000 INSURER F MERCIAL GENERAL LIABILITY COVERAGES CERTIFICATE NUMBER: 463777024 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EFF EXP I LTRR TYPE OF INSURANCE JOL POLICY NUeIB91 LIaITB B OFNERALLIABILITY 2/1/2011 2/1/2012 EACH OCCURRENCE $1000000 MERCIAL GENERAL LIABILITY PREMISES (Ea $100000 CLAIMS-MADE 1__x1 OCCUR PM MED EXP (Fury one peraw 55000 PERSONAL 4 ADV INJURY $1000000 GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OPAGO $2000000 $ Policy % PRO LOC C AUTOMOBILELMBILITY 2/1/2011 2/1/2012 COMB NED SINGLE LIMIT (Ea BCOderd) $1000000 X ANY AUTO BODILY INJURY (Par person) $ ALL OWNED AUTOS BODILY INJURY (Per aWdenl) S X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE ((per accident) $ $ r X NON -OWNED AUTOS $ UaBR LIAO OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LM CLAIV64AADE DEDUCTIBLE $ $ RETENTION S A WORKERS COMPENSATM AND EMPLOYERS• LIABILrrY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICERAEMBER EXCLUDED? Y❑ (Mondola yIN NH) NIA 2/1/2011 2/1/2012 X VYCSTATU- 0TH" E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYE $1000000 E- L.OISEASE - POLICYUMR $1000000 M yes describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEINCLSS VAwh ACORD 101, AddliarW Remub wind, R mme aµae Is required) Additional Insured form #CG71931 edition 01/06 applies to the General Liability policy Additional Insured form #CA0403 edition 06/04 applies to the Business Auto policy Waiver of subrogation form #CG7555 edition 11/04 applies to the General Liability policy See Attached... Lof_1. 12 ■ WA 11 SHOULD ANY OF THE ABOVE DESCRe)ED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE Mln-L BE DELIVERED IN ACCORDANCE VA H THE POLICY PROVISIONS. For Bid Purposes Only Conveys no rights to holder N/A TX N/A A1111401 ®I fTATME 01988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009108) The ACORD name and logo are registered marks of ACORD 40-61 ACd & :L--- AGENCY CUSTOMER D: DYNAMIRR LOC is ADDITIONAL REMARKS SCHEDULE PW I of J- AGENCY McQueary Henry Bowles Troy, LLP NAMED nD Dyna -Mist Irrigation Company, Inc. 2808 Capital Street Wylie T% 75098 POUCYNUASMER CAMNER KVC CODE IPRECWA DATE: THIS ADDITIONAL REMARKS FORM M A SCHEDULE TO ACORD FORM, FORMNUMER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE_ waiver of subrogation form #WC420304A edition 01 /00 applies to the Workers Compensation policy Certificate Holder is named as an Additional Insured per the above forms on the General Liability and Business Automobile policies of.the insured and provided Waiver of Subrogation per the above forms on the General Liability and Workers Compensation policies of the insured, but only to the extent that the limits and forms are required to satisfy the terms of a written contract. ACORD 101 (2008101) ® 2008 ACORD CORPORATION. AN r9" renewed. The ACORD rams and Wgo are registered marks of ACORD 40-62 THE AMERICAN INSTITUTE OF ARCHITECTS ,cam• - ij��:�.u�C Bond 21300 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Dyna -Mist Irrigation Co. 2008 Capital Wylie, TX 75098 OWNER (Name and Address): City of Southlake 1400 Main Street, #400 Southlake, TX 76092 CONSTRUCTION CONTRACT Date: Amount: $152,000.00 Description (Name and Location): Landscape Services Southlake, TX 76092 RFB10i1B54ODK100027 BOND Date (Not earlier than Construction Contract Date): Amount: $152,000.00 Modifications to this Bond: ❑ None ® See Last Page CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Dyna -Mist Irrigation Co. Signature: — & Name and Title: (Any additional signatures appear on last page) SURETY (Name and Principal Place of Business): North American Specialty Insurance Company 475 N Martingale Road, 4850 Schaumburg, IL 60173 SURETY Company: (Corporate Sed) North American',Specialty Insurance Company Signature: f t14w ai;; 6 `° Name and Title l aarrre D. eevere, rney in Fact Attorney in Fact (FOR INFORMATION ONLY-- Name, Address and Telephone) AGENT or BROKER: Willis of Texas, Inc. OWNER'S REPRESENTATIVE (Architect, Engineer or other 15305 North Dallas Parkway party): Suite 1100 Addison, TX 75001 972- 385 -9800 AKDOCUMENTA312 • PERFORMANCE BOND AND PAYMENT BOND *DECEMBER 1984ED. 0 AIA IN THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 4 THIRD PRINTING • MARCH 1967 C0036304 -5u,o 40-63 1 The Contractor and the Surety, jointly and severally, bind "themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner. has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner_ which it may be liable to the Owner and, as soon as' practicable after the amount is determined,` tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 42, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor- 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors- a The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the AIA DOCUMENT A312 • PERFORMANCE SONO AND PAYMENT BOND *DECEMBER 1984 ED. • ALA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVE, N.W., WASHINGTON, D.C.20006 A312 -1984 2 THIRD PRINTING 6 MARCH 1987 0003630¢50,0 40-64 jurisdiction of the suit shall be a�plfcable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: have b` do made, including allowance to the Coiiti:actor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature Name and Title: Address: Signature: N/A Name and Title: Address: AIA DOCUMENT A312 ♦ PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1964 ED. * ALA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 A312 -1984 3 THIRD PRINTING • MARCH 1987 00036304 -50,0 40-65 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: MARIE D. REVERE, MATTHEW PIESCHEL, GLEN RITTER, JEREMY SWARTZWELDER and DIANA HERNANDEZ JOINTLY OR SEVERALLY Its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24 of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." o re, nrou�ar Q C� a At`� `° y y s S IX Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company 2. SEAL � & Senior Vice President of North American Specialty Insurance Company d; ;m BV �^ David M. Layman, Senior Vice Proidenf of Washington International Insurance Company t & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 18th day of March - 2011 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 18th day of March 201 before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. r f FICIALSEi k' V NA D. SKL MN ary I'ubIic State o[ It3inois C'oafmwon £upon ttbtJft'e l r�•'�� rp!'tm� � � ? s y It Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 7th day of April 1 2011 . James A. Carpenter, Vice President & Assistant Secretary of Washington International Insurance Company & North A—ican Specialry lasmanee Company 40-66 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 2130023 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Dyna -Mist Irrigation Co. North American Specialty Insurance Company 2008 Capital 475 N Martingale Road, #850 Wylie, TX 75098 Schaumburg, IL 60173 OWNER (Name and Address): City of Southlake 1400 Main Street, #400 Southlake, TX 76092 CONSTRUCTION CONTRACT Date: Amount: $152,000.00 Description (Name and Location): RFB1011B540DK100027 Landscape Services Southlake , TX 76092 BOND Date (Not artier than Construction Contract Date): Amount: 152,000-00 Modifications to this Bond: ❑ None See Last Page CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Dyna -Mist Irrigation Co, Signature: Name and Title: SURETY Company: (Corporate Seai) North American Specialty Insurance Company r__ Signatures VU- Name and Tit - Marie D. Revere, Attorney in Fact Attorney in Fact (Any additional signatures appear on last page) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: Wilis of Texas, Inc OWNER'S REPRESENTATIVE (Architect, Engineer or other 15305 North Dallas Parkway party): Suite 1100 Addison, TX 75001 972 - 385 -9800 AIADocUM£NTA312 s PERFORMANCE BOND AND PAYMENT BOND *DECEMBER 1964 ED. •AIA " THIRD AM ERIC AN IC �MARCMOF ARCMTECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON, D_C. 20006 A312 -19x4 4 C0035508 -50,0 40-67 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for tabor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor. 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default_ 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, -directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. S. If.a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. V.Vhen the Claimant has satisfied the conditions of Paragrap 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 42.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. AIA DOCUMENT A34R *= PERFORMANCE BOND AND PAYMENT BOND* DECEMBER 7984 ED. O AIA THE AMERICAN INSTITUTE OF ARCHrrECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312 -1984 5 C003550 8-50,0 14. Upon request by any person or entity appearing to be a potential beneficiary Of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance ~1 , 6f the worts of the Contractor and the Contra6tbes subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 is deleted in its entirety and the following is substituted in its place: §6 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly and at the Surety's expense take the following actions: §6.1 Send an answer to the Claimant, with a copy to the Owner, within 60 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. §6.2 Pay or arrange for payment of any undisputed amounts. §6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or aquire as to a claim. However, if the Surety fails to discharge its obligations under this Section 6, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs to recover any sums found to be due and owing to the Claimant. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: N/A Name and Title: Address: Signature: Name and Title: Address: N/A AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • A1A -SX THE AMERICAN INSTrnfTE OF ARCHITECTS, 1736 NEW YORK AVE.. N.W., WASHINGTON, O.C. 20006 A3124984 6 THIROPRINTING • MARCH 1987 C0035508 -50,0 40-69 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: MARIE D. REVERE, MATTHEW PIESCHEL, GLEN RITTER, JEREMY SWARTZWELDER and DIANA HERNANDEZ JOINTLY OR SEVERALLY Its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24 of March. 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any ofthem hereby is authorized to execute a Power ofAttomey qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." �tgNiltifftry TY r�o � , n6l�5 'a 13y k. Steven P. Anderson, President & Chief E ecutive Officer of Washington International Insurance Company EAL t973 t m & Senior Vice President of North American Specialty Insurance Company Is o cm David M. Layman, Senior Vice Presided of Washington International Insurance Company 1 l, & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 1 8t11 day of March 20 11 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: h On this 18th day of Marc , 20 11 ,before me, a Notary Public personally appeared Steven P. Anderson ,President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective companies. '1 °OFRCIALSEAV 1 r NNA D. SKIE -I 5 3 = 9 L jtoy -, NotaryPatllc,StateefIUI°°>s Donna D.Sklens,Notary Public My Cornlissian rapim t41t14 i I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 7 day of April 2011 . James A. Carpenter, Vice President & Assistant secretary of Washington Intemanonal Insurance Company & North American Specialty Insurance Company 40-70 North American Specialty Insurance Company Washington International Insurance Company TEXAS CLAIMS INFORMATION' IMPORTANT NOTICE in order to obtain information or make a complaint:`` You may contact Jim Carpenter, Vice President''- Claims at 1 -800- 338 -0753 Para obtener informacion o para someter un queja: Puede comunicarse con Jim Carpenter, Vice President — Claims, ai 1 -800- 338 -0753 You may call Washington International Insurance Company and/or North American Specialty Insurance Company's toll -free number for information or to make a complaint at 1-800-338-0753 You may also write to Washington International; Insurance Company and/or North American Specialty Insurance Company at the fallowing address: 475 N. Martingale Road Suite 850 Schaumburg, IL 60173 You may contact the Texas Department of insurance to obtain information on companies, coverages., rights or complaints at: 1 -800- 252 -3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714 -9104 Fax: (512)475.1771 Web: htto : / /www.tdi.state.tx.us Email : ConsumerProtection @tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should' first contact the Washington' International Insurance Company and /or North American Specialty Insurance Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. steel puede liamr al numero de telefono gratis de Washington International Insurance Company and /or North American Specialty Insurance Company's para; ioformacion o Para someter una queja al: 1 -800- 338 -0753 Usted tambier> puede escribir a Washington International Insurance Company and /or North American Specialty Insurance Company al: 475 N. Martingale Road Suite 850 Schaumburg, IL 60173` Puede escribir al Departmento de Seguros de Texas para obtener informacon acerca de companias coberturas, derechos o quejas al: 1- 800 - 252 -3439 Puede escribir -ai Departmento de Seguros de Texas P.O. Box 149104 Austin, TX 78714 -9104 Fax: (5 12) 47 5-17 71 Web; httvV1ww+w.tdi.state.tx.us Email: ConsumerProtecton @tdi , state.tx.us DISPUTAS SORE PRMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Washington International Insurance Company and /or North American Specialty Insurance Company primero_ Si no se resuelve la disputa, puede entonces comunicarse con el Departmento de Seguros de Texas. ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA' This notice is for information only and does not Este aviso es solo pars proposito de infromacion y no become a part or condition of the attached' se converte en parte o condicion del documento document. ad ju nto.