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Item 4F
CITY OF SOUTHLAKE MEMORANDUM October 15, 2013 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services 4F-1 SUBJECT: Approve renewal of contract with Dyna-Mist Irrigation Company for 2014 for an amount not to exceed $123,000 for group 1 and as alternate for groups 2, 3 and 6 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 78, 2011 through December 31, 2011 with the provisions for one-year extensions. The City opted to renew the contract in 2012 and 2013, which will expire December 31, 2013. The proposed contract for consideration is a one-year renewal contract to provide landscaping services during 2014. In 2012, Dyna-Mist Irrigation Company did request a 2% price increase for services during 2013. However, they have confirmed their price will remain the same for 2014 with no price increase requested. 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. Based on previous performance, satisfaction with services, and price, staff recommends the renewal of the contract with DynaMist Irrigation Company through December 31, 2014. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 4F -2 Shana Yelverton, City Manager City Council Meeting Date — November 5, 2013 Page 2 of 2 Financial Considerations: $123,000 is allocated in the FY 2014 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 South/ake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 4F - 3 crryCW SCUT HLAKE 19 October 23, 2013 Dyna-Mist Irrigation Co. 2808 Capital St. Wylie, Texas 75098 Attn: Mr. Randy Plumlee Subject: Contract Extension Notification for Landscape Services for City of Southlake RFB110IB540MRI 10004 Dear Mr. Plumlee, The City of Southlake is extending the contract, pending City Council approval, for Landscape Services for City of Southlake RFB1101B540MR110004, copy included for Fiscal Year 2014. This extension shall become effective January 1, 2014 pending City Council approval (CC Award date ) and shall continue in full force based on the terms and conditions of the initial award. As a condition of contract renewal, a price adjustment may be requested by the vendor and considered by the City. You have indicated your company will not be requesting an increase at this renewal. 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 one (1) more one (1) year annual 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 or via email accountspEable@ci.southlakeAx.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, CPPO, CPPB City of Southlake 1400 Main Street, Suite 440 Southlake, Texas 76092 tslifka@ci.southlake.tx.us Attest: Fax:817-748-8048 Alicia Richardson, TRMC Contract and Award Accepted: City Secretary Signed: Date: Approved as to Form and Legality: Mayor John Terrell City of Southlake City Attorney 4F - 4 IQW13 C1.80Maleims Mail - Fwd: Conrad Renal Dave Mellch <dkielich@ci.southlake.tx.us> Tue. Oct 22, 2013 at 7:40 AM To: tslifka@ci.southlake.tx.us Your message To: Dare Klelich Subject: Re: Contract Renewal Sent: 10/21/13, 4:02:58 PM CDT was read on 10122l13, 7:40:38 AM CDT Randy Plumlee <rplumlee@dyna-mist.com> Wed, Oct 23, 2013 at 12:11 PM To: Michael Reasoner<mreasoner@ci.southlake.tx.us> Cc: "Timothy Slifka (tslifka@ci.southlake.tx.us)" <tslifka@ci.southlake.tx.us>, Kay Lawson <kay@dyna-mist.com> Mike, We are able to renew at existing prices forth e coming year. Randy From: Michael Reasoner[mailto:mreasoner@ci.southlake.tx.us] Sent: Tuesday, October 22, 2013 4:16 PM To: Randy Plumlee Subject: Fwd: Contract Renewal Randy, I need to know by tomorrow morning if you would like to renew the contract with no increase. This has to go to council for approval on the 4th and we need to hate packets ready bafore then. Please let myself or Tim know in the morning, If we don't hear from you we will have to take the renewal off the agenda and look at rebidding this area. If you have any questions you can call or e-mail me. ht 9:11rr ll.gaVle_eoWn%W[Wn7ui=2&iIF1dc9780rd9&WeA-pt&searchFlnbodttp=141db3d62708aft Will 04/05/2013 10: 51 9725090156 DYNA-MIST 4P5E 5/01 CITY or SOUTHL.AKE April 4, 2013 Mr_ Randy Plurnlee Dynes Mist Irrigation Co. 2808 Capital St. Wylie, Texas 75098 Subject: Amendment# 1 for Provide landscape Services for City of Southiake RPS110113540MR1 fg004 Dear Mr. Plumlee: The City of Southlake requests the addition of the following service and cost options to the above - referenced contract: 1. Addition of the following terms and conditions for additional "As Requested" work as follows, Any "As Requested" single location services performed, not Included as a current contract option, shall be charged at the listed contract hourly labor rate for labor services only. Regular contract rates for materials shall apply. These additional °As Requested" single location requested services shall be provided at the request of the City and shall include, but not be limited to, pesticide or herbicide spraying of a single locaton to control insects or weeds, over -seeding of a single area (over -seeding single location under one hundred fifty thousand (150,000) square feet}, or other single location services specifically requested by the City. All services shell be performed within the vendor's awarded service area, 2. Add to Schedule of Pricing the cost item of "porfer. Porter shall be utilized only withirl Town Hall, Family Park or Rustin Park service areas to provide additional site clean-up during City requested services. These areas have been identified by the City as requiring additional service personnel to Continually clean and rnsintain the work area to ensure visitors and shoppers have unobstructed and safe passage at all times. Porter shall be charged at the 11sted contract hourly labor rate for "other servioes". 3. No Other Changes. Sheren Jackson Chief Financial Officer, City of Southlaks By signing this amendment, vendor Is acknoWedgittg and agreeing to the additions made to the terms and conditions as stated in the existing contract. Vendor must acknowledge receipt of amendment by signing both copies and returning one signed Original cagy to: City of 5outhlake Finance Department 1400 Main Street Suite 440 Southlake, Texas 78022 Attention Tint Slifka. Please call 817748-5312 with any questions. Signed. Printed Name;At-f-"Cloz Title: I Company Name: J) iZ � —F N14St Dated: Sincerely, Trrn Slifka Purchasing Manager, CPPB tslifitaacl.southlake.tx.us Fax: a-17 74a-8048 4F - 6 CITY OF SOUTHLAKE October 2, 2013 Mr. Randy Plumlee Dyna-Mist Irrigation Co. 2808 Capital St. Wylie, Texas 75098 OCT 1 1 2013 CITY DP S00THLAKE FINANCE DEPARTMENT Subject: Amendment # 2 for Provide Landscape Services for City of Southlake RFB1101 B540MR110004 Dear Mr. Plumlee: The City of Southlake requests the addition of the following service and cost options to the above -referenced contract: 1. Addition of Landscape Services for all Brownstone Tree Wells at the following per service cost: Twenty dollars ($20.00) per service. 2. No Other Changes. oarfwl Sharen .lack n Chief Financial Officer, City of Southlake By signing this amendment, vendor is acknowledging and agreeing to the additions made to the terms and conditions as stated in the existing contract. Vendor must acknowledge receipt of amendment by signing both copies and returning one signed original copy to: City of Southlake Finance Department 1400 Main Street Suite 440 Southlake, Texas 76092 Attention Tim Slifka. Please call 817-748-8312 with any questions. j Signed:Printed Name: `- Title: �� t���ytiT Company Name: r� 1 k%5 � � ffl 0k6.041 Dated: jo -Jn-I 3 Sincerely, r Tim Slifka Purchasing Manager, CPPO, CPPB tslifka@ci.south1ake.tx.us Fax: 817-748-8048 4F - 7 ORIGINAL. DOCUMENT CIr.9F SOUTHLAKE SOOT FE-AKE Coa; cil Actio Y N Ord./Res. No. 19 Date Appr ►ed October 17, 2012 Dyna-Mist Irrigation Co. 2808 Capital St. Wylie, Texas 75098 Attn: Mr. Randy Plumlee Subject: Option to Extend Notification for RFB110113540MR110004 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 RFBl101B540MR110004 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 I l - 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 accountwaayable rr,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 Sli` tka Purchasing Manager, CPPB City of Southlake 1400 Main Street, Suite 440 Southlake, Texas 76092 t§lifka(aci.southlake.tx.us Phone: 817-748-8312 Fax: 817-748-8048 Contract ZwAc4cepte Signed: Mayor John Terrell City of Southlake Date.14 q ok-bo (.t a41 -1- 1400 Main Street, Suite 440 Attest: MA i.! L" Alicia Richardson, City Secretary Gj vT % • _sue ••sOjwr.pea ,`r Apas to Form and li J Attomey Southlake, Texas 76092 10/26/2012 16:33 972509BI56 DYNA-MIST 4F - 8 PAGE 02/07 rGem �} d;QeiwmtlCj! of . Destrlp�auoC�+��aea .: • }iJait GRoM - �B�eaFdad P�ioa mowbig and Lan lm&g Berview GROtW 1 FOMA80WM AND LANDSCAIM SMXVXWFM TOWN iJARM 4S MOW swvicftpws ofservk s S -A do S S 48 Lmdam Wylow PerLma orayMou S A 2. FAlb1.Y PARK Moo I 48 m*mde Saty oaa Par Soppoofselvku 's t 1 i v - S 48 sarvk= ofsarvlm s A,y�V s ( 7Z 3_ P Mal 48 bfpft Serv' Per a QUSwvkm s - $ r �• � 48 Lwdmm SarvimPar Sam ofSarvkm �t7 s .3672 4. AM MOST OF WAY FROM CAMOLL AVE TO IM L FM 1709 Ma 2 48 muwi Sarviaos Par of Services ' Pa' � � rr �� �!• S 3 ' 43 mov*z servicesPar scomofservicaa s.2,12•S 11 g z, Ar 48 Lmdsmm SwAces Per of ices )'2— FRANK 4 46 Saivlces Per a 74 ,5'0 LJ6 7Z MC 0 49 mownmsmvk=Savbm () 48 WW=aoe Swim Per Sw000ramim ��� d S ,1 I Z 8, DFS IgAP2EARTERS MEP 6 48 Mo+arl Services Sc0 offlAZO s.6%,b.,Ya 10/2G/2012 16:33 9725090156 DYNA—MIST 4F - 9 PAGE 03/07 s so,►= s 3 s 734# 9. To" HAM Ma 7 48 S a. TMWZUA WV A!NY MAMM 6MM S 48 B a Se VIM D Z S7. v 11. CARFJXAoAV MORTdt: WAY AND AMIAMPROU SR U4 TO FM 17N mug 48 Seevku Pes oPSaneices S G� S S(eai�. VO 49 e -Orsmdm s7o s 74 Zz mrALGXOW 1 �$ 'S? 4F-10 10/26/2012 16:33 9725090156 DYNA-MIST PAGE 04/07 Itcm d Esdmated Quwdly of Year Dumeptioo ofPMduotsl3miam Chit CkW Extended Pried PA(bDa110Umus Be1Cview olr O1 .X T-O—WU011OF 70W SQUARE AREAS AS REQUIRED AND OTBER AMS AS RMtW=b 97 12 Monthly WO- traagh of Tom Sgaara - cqrRmServiwAroa (iiltatlP R Ij ww Airms Aa O 4t �T y 9L nested S 7a t"�Pit. Hr. p4quuw' Tom Mr. It7U. As tatted Pr. Hr. 101. NO Ctwp or Fee to A409 hTWoo or Other S Tti A$B2MMM Pads cast+ vendor hluk-Up % for In*flon Noway Parts % Z- +% 103. As RNNNted Other Irrkwion Saviaes Charges. Plus list: TC $ !i 10/26/2012 16:33 9725090156 D"-MIST 4F-11 PAQE 05/07 Modify 9aAv" ofP*W On MMUMM mqa wwo fzft two pmW& amd b=Md& Impa pmeed ormdeofinesenespe'7oata at�queaeTpatp� MDDIPMD SCMMM B (W PRMGS PISA= SAS PART OF YOkStmbKtrm BID MUM ANHOMMft4A of IB9. A, vemdw 11m U" cod + wt&A* % aw i rMir % CW+ % Asa os �addc App�aation Pbr v" of Maas of Umo*d AMpW rers�.Fc 111. AsPAqwdWFasdatdeor� velar Maom cost + bql&-U� % dg % c3oat+lC ADDIT NS TO PH MG 9{3DoLEs 117. Two, bmh ar .tea. h y 1 Par& UL Am Imostpd vadw Cat + blak-Up'A for Any t ciq uk or bade matwW mamob4Coen+ /p • Z Wyal * Abmrpaorr w 0 � sie m * S Taeemw An NMMVAVMlW%Ae Ie�LIBan �7=V 10/2S/2012 16:33 9725090156 DYNA-MIST PAGE 06/07 Iumm 9 Mtin ned Qtattity of Per Ya�r Desariplim of pmkcwsuvkm Uwt Cast 'Sxratded Price As i'mpvift Oou=m Hemnuda Sod and Imisliettm to 1ncWde all XacpaW Services Per Sq.Ft Pr. Sq. P< Sr yb 1t15. As Prwd& and Apply No -Float Mulch as Per Ca. Pt. • 106. As RmumMad color Cmap But d Flower Beds Per Pmvidod Flat Price Based an -a C Pot PWd Sire ftftars arawAces ParbmWffedPlat S 2 347.AgRamisded Rya arm OW -Su dio& priced Per Paeud of Seed Applied ao ltWIUde Ali Rdded Cities. Per PMW r s FX==A710N AND WM D P i 3 i A Vendor HIM p F Tro AS Nessus of ChemM Aiitad 11. Aa !1 led JA ts2. AsReamead Core Aemdon of ftfper 9oope of Serviam l�wgq.t Ql0 113. Fcrgcqwu Othar Veodw Oman. please 11st 8 S 4. Per Lua Oft vonw cbwge& Pleuse list: S 10/26/2012 16:33 9725898156 DYNA—MIST 4F-13 PAGE 07/07 Item 0 Estimode I Qtu* of harYeor Pamip X cft' od=tmSm4= ' Uj* cm ancom P1tce 115. 1 Per Requa ofim vewor cmrsm. Kisses Est: IG Per t Odw Vendor Chaegm. Pime list: $ $ TOM WUSCBL' SOUS UNAS ORIGINAL DOCOMEN,14, CITY F SOUTHLAKE '^• cr" or Council Action'&N Ord.JRt3s. No......._.,... SOUTHLAKE 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 RFBI 10IB540MRI 10004 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 la •l 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. Sincerely "Tim Slifka Purchasing Mana er, CPPB City of Southlake 1400 Main Street, Suite 440 Southlake, Texas 76092 tslifka@ci.southlake.tx.us Phone / Fax: 817.748.83121817.748.8048 1400 Main Street, Suite 440 1 qO� 2tafl Renewal Ap ved to John Terrell �0441 Mayor, City of SouthlakeOW ATTEST: ,°�c s,••• ttt 11 t) .�1J S ° 1 • rI.Iit:aa Richardson, TKKM.- Southlake, Texas 76092 City Secretary �`•.;,. ,� 4F-15 Finance Department Dyna-Mist Irrigation Co. 2808 Capital St. Wylie, Texas 75098 Re: Correction to RFB1101B540MR110004 Landscape Services for City of Southlake Dear Mr. Plumlee, This letter is to document the correction of Request for Bid document number RF13110113540MR110004 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 81.7-748-8312 tslifka@ci.southlake.tx.us 1400 Main Street Suite 440, Southlake, TX 76092, (817) 748-8345 4F-16 ORIGINAL DOCUMENT CITY OF SOUTHLAKE CI I'v Ca Council Action: & N CrddRes. No.- S(DO�TFiLAKE Date Approved XJUI March 17, 2011 Dyna-Mist Irrigation Co. 2808 Capital St. Wylie, Texas 75098 ATTN: Mr. Randy Ptumlee Subject: RFB1011 B54ODK100027 PROVIDE LANDSCAPE SERVICES FOR CITY OF SOUTHLAKE 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 "RF131011B540DK100027 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 KMCH 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 Altemate 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 Southiake is a tax exempt municipal corporation and is exempt from all federal, state, and local sales taxes. All other specifications, terns 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 tsIJka _ ci.southlake.tx.us Phone / Fax: 817.748.83121817.748.8048 Contract and Award Accepted: Signed: Mayor John Tem3li DATE: 4 1400 Main Street, Suite 440 Southlake, Texas 76092 4F-17 ORIGINAL' Appendix B — Bid Document Saba bWCbwklW. ,! (To debrbw sz2 ft of bid) V0/Appe*dk B (pagn j4.. t omp Pj iinaet be indoded In the bid sttbmbtaL :ZAppeaft C (MSs P-) Coaefd of 1ateeestFeas ca rat be iochW ed in the bid wbmiftL \ I I I I i I I I Ir1isnlit€L(I :I lid aIIl\ :3 I,f oIIl1 111 Ill C� r tll,- t irk ,I; �,,Illih!.II,L ,h;lll ill lulls Illi, haL,c lErl-ill tt, II!(1111111� rl� tlrr �Illlli;lll:lI 11i1 with the Nulsm[tt('d IIi'J 1!T ti �lalCiI ('lll(' low,01 L 'I ■ LANDSCAPE PROVIDE i- i2 'OF SOUTHIAKE Y `" rOfflce 140 MainSfteet,SuiteE I I I IX I 092 s.ks , I � 'FS3f7F � s F�r.�r- JI-- i-LM ., f !Co. i 1, mmgaMI H 1 kul Rj�a , Iv - ! � kAt�M„a�lY�j�l �I� �3Titrs' EF'Y�TSS _SiJi�•. gg �fl,a, gg i S }"I'�iF3 k 1 eel 11•� Ylp his' I I F }}5v—_rr�� L� F,k + U, i rvl r� - Yil I ..k 1 Sf.-All w'Y.S.r,a},k VW'ZI;LfV '. 1 Yt ,h ,i�r EMU,! y ii" }y�,, r 4 355u r _1! �T 1'. }, ul'ti rho � y yr} F .�-j ! F➢5 C �: L,- t r 6t Y F 1 fi�?+'FI`ry� -rl FW `:t{av , f GF� b it i u:ct4r�[�Ih�W�+l�lf _ �_.J �l±�l..��" ;1.'" _�`.cvl I learmW of this Request for Bids by the followlug means: ❑ Newspaper Advertisement ❑ Southww webmb ❑ Mailed Me a Copy ❑ City E-mail Notifsctdion ❑ Cold Call m City ❑ll; other onvia webaite U& of SoutA kke - RFB1181BS4OMR110004 - Page 14 of 44 4F-18 Appendix B - Bad Docameat (comwow) L REOU D BJD INFORMATION. IN ORDER FORA BID TO BE CONSIDERED COMPLETE, AND TO BE EVALUATED FOR A CONTRACT AWARD BY THE CM BIDDER MUST SUBMITALL OF TI M FOLLOWMGVVFORMATIOAi: 1. Proposed Products amdior Services A. Product or Service DescriplJon: 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 flub re 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 Soft DalaShouts Lh SDS): If applicable, the successful Bidder shall provide the City with applicable MSDS documentation as required by applicable laws and regulations. D. Gu matees and Wetranties: Each Bidder shall submit a complete copy of any warranties or guarantees provided by the manufacturer or Bidder with the Bid submitted. E. ,Pfr ject Scheduleli]eliyery i]ate: Bidder must provide a project schedule noting all projected complexion dates for segments of the Project, f m 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. Pric m Pricing shall reflect the full Scope of Services defined herein, inclusive of all associated cast 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 ofSouddla& - RF811011 "MRI INN - Page 15 of 44 4F-19 27,77 FAWY PARK Ms 1 48 Mowing Services Per Scme, of Services $ 115 $ 5,520 48 LandsWe Services Per of Services $ 75 $ 3,600 5• CENTRAL PARK Map 1 48 Mowing Services Per Scope of Services S 78 S 3,744 48 Landscape Services Per Scope of Services S 75 $ 3,600 4. 1709 RIGHT OF WAY PROM CARROLL AVE TO 1600 E. FM 1709 Map 2 48 Mowing Services Per S Ow of Services $ 115 $ 5 5 20 48 Lamiscam Services Per Scow of Services $ 38 S 1,024 5. SUMMr PARK M2 -3 48 Mowing Services Per Scope of Services S 228 $ 10,944 48 Landscape Services Per Scope of Services $ 75 $ 3,600 6. FRANK CORNISH PARK bUp 4 48 LandwMe services per Scope of Services $ 75 $ 3,600 7. MC PHERSiON PARK MEP 5 48 Mowing Services Per Swpc of Services $ 190 $ 90,120 48 Lmubmwe Services Per SCM of Services $ 75 $ 3,600 8. DPSHEADQUARTERS Map b 48 MOWIn g Services Per &Aype of Services S 115 $ 5, 520 48 L Services Per Scape of Services $ 150 $ 7,200 Lhy of Sarelk"e - RFMi l O1H540MR110®64 - Page 16 of 44 4F - 20 r 9. TOWN HALL Map 7 48 Services Per Scope of Services $ 5 8 $ 2,784 10. TREE WELLS ON ANY NAMED STREET WITHIN TOWN gLIQARE BUD 8 48 LwWwMe Services Per SceW of Services $ 40 $ 1,920 l 1. CARROLL AVENUE RIGHT OF WAX AND MEDIANS FROM SH 114 TO FM 1709 map 9 48 mTft Services Per Scqm of Services $ 115 $ 5,520 48 Landscape Services Per Scone of Services $ 75 $ 3.600 City ofSoulJ wke - R.FBIIOIBSNMR110604 Page 17 of 44 4F - 21 12. SOUTELAKE SPORTS COMPLEX map 10 48 Mowing Sernlces Per Scope of Services S 165 S 7,920 48 ledwA Services Per of Services S 10 S 480 13. UPS WEST map 11 48 Mowing Services Per $pqpe of Services S 115 $ 5,520 48 Landscape Services Per Scope of Services S 38 $ 1, 824 14. S. K MAU MEDIANS Nlap 12 48 Mowing Services Per Scope of Services S 153 S 7, 344 48 L wWscape Services Per of Services S 112 S 5,376 I5. BICENTENNIAL PARK Map 13 48 Mowigg Services Per Scope of Services S 215 S 10,320 48 LIM Services Per Scope of Services $ 150 S 7 200 MOM TOTAL GROUP 2 J$ 45,984 Ct4► of Sor Alake RFB11D1B340MRI IIM Page 18 oY 44 HA 2 W VA 16. ROYAL AND ANNIE S1V T H PARK Mop 14 38 hj2MjM Services Per Scope of Services $ 115 $ 4,370 38 Services Per of Services $ 38 $ 1, 44 4 17. SOUTHLAXE SPORTS COMPLEX MUR 1S 38 Mowin Services Per Scow of Services $ 115 $ 4, 370 38 Landscape SaMces Per ScopeofServicea $ 75 S 2,850 18. DPS WEST Map 16 38 Mowi Services Per Scope of Services $ 115 $ 4,370 38 Landscape Services Per Scope of Services $ 38 S 19444 19. PuBLIC WORKS FACILITY Map 17 38 Mowft Services Per Scope of Services $ 290 $ 1 1j, 020 38 Services Per gqm of Services S 38 $ 1,444 20. SKMOR CENTER Map 18 38. Mowing Services Per SO4M of Services $ 152 $ 5,776 38 LMXLwAm Services Per Scope of Services $ 3 8 $ 1,444 21. STONE LAKES NERO 19 38 MOwW Scrvices Per Scope of Services $ 38 $ 1, 444 38 Landscape SesvicesPer Scope of Services S 20 $ 760 City of Samddake - RFRI101 B540MR110004 - Page 19 of 44 4F - 23 22. LOCH MEADOW LiPT STATION Malp 20 38 Mowi Services Per Scope of Services $ 51 $ 1, 9 3 8 38 Labdmw Services Per Scope of Services S 75 $ 2.650 23. • PUMP STATION # 1 Map 21 38 mowmgServices Per ScM of Services $ 165 $ 6 270 38 Lw&caM Services Per &ape of Services S 63 $ 2, 394 24. PUMP STATION # 2 Map 22 38 M Services Per of Services $ 1 b5 6, 270 38 Landscope Services Per Scope of Services S 31 $ 1,178 25. SOUTH CARROLL MEDIANS r&p 23 38 Mow' Services Per Scope of Services $ 51 $ 1 9 3 8 38 Landscape Services Per Scone of Services $ 20 $ 760 26. S. B374 BALL AMUNS Map 24 38 Mowing Services Per Scope of Services $ 190 $ 7 220 36 Lwxbcape Services Per ScoW of Services $ 75 $ 2, 8 50 27. EAST HAVEN PARK bbp 25 38 MGwim Services Per Scope of Services $ 1 $ 4.370 38 Landscape Services Per Scope of Services $ 20 S 760 28. KOALATY PARK Mov 26 38 Mo Services Per §M of Services S 196 S 7,448 38 LmWxqm Servicm Pcr Scope of Services S 10 $ 380 City of Snr make - RFB1141IMMIU 14M - Page 20 of 44 LIBERTY PARK AT 29. SHIRLTONWOOD Map 27 38 MowilngServices Per Soo of Services $ 215 S 6,170 38 Landmw Services Per SWM of Services $ 75 $ 2.850 30. LONESOME DOVE PARK May 28 38 Mowing Services Per Scope of Services $ 215 $ 8,170 38 Services Per §M of Services S 75 $ 2 850 31. NOBLE OAKS PARK Map 29 38 Mowiffi Services Per SaVe of Services $ 165 $ 6, 27 0 38 Dodscam Services Per Scope of Services $ 4 $ 1,520 32. OAK POINTS PARK SIDEWALKS Map 30 38 Mowing Services Per §M of Services $ 165 $ 6,270 38 Services Per LcM of Services $ 10 S 380 33_ BICENTZNNIAL PARK Map 31 38 movding Services Per Sewe of Services $ 478 $ 16,164 38 LarAbcape Servioes Per Sco of Services 1 $ 75 $ 2,850 City of Somwake - RMINBSOM1110004 - Page 21 of 44 4F - 25 a& of Soualak - RFBt1g1BMMR1199&4 - Page 22 of 44 4F - 26 37. BOB-JONES NATURE CENTER Nlap 35 32 mowinj Services Per SCCW of Services $ No Bid $ No Bid 39. BOB BONES NATURE CENTER TRAILS Mg 36 32 mowim Services Per SopM of Services $ No Bid $ No Bid 39. PINE LOT Mop 37 32 Mowing Services Per SC4M@ of Services $ Nb Bid $ No Bid 40. HIGHLAND AND WHITE CHAPEL, LOT Map 38 32 mowing Services Per scope of Services $ No Bid S So Bid 41. HARBOR COURT TRAH.MAD Map 39 32 MowhM Services Per ScoM of Services $ No E d 3 No Bid 42. SUTTON PLACE Map 40 32 Mpwing Services Per SCOWDf Services S No Bid S No Bid 43. NMON TOWER Map 41 32 Mowing Services Per §M of Services $ No Bid $ No Bid 44. FLORENCE TOWER Map 42 32 Moww Services Per of Services $ Vp Bid $ o Sid CW of s'orriWe - M110054aMM IUM - Page 23 of 44 4F - 27 77 45. DOVE TOWER Ms 43 32 Mowing Services Per Scope of Sarvices $ No Bid S No Bid 46. N. CARROLL LIFT STATION M2 44 32 Mowing Services Per Scope of Services S No Bid $ No Bid 47. BANK STREET LIFT STATION Map 45 32 Mowing Services Per Swpe of Services S No Sid S No B i d 49. LONESOME BOVE LIFT STATION ?&p 46 32 Mowin Services Per Sww of Servica $ No Bid $ No Bid 49. SILWY LANE LiFT STATION Map 47 32 Mowi"j 5erAces Per Scope of Services $ No Bid $ No Bid 50. WEM-CHAPEL LIFT STATION Map 49 32 Mowing Services Per Scope of Services $ No Aid $ No Bid 51. UAIL RUN LIFT STATION May 49 32 mowhm Sarvices Per Scope of Services $ No Bid $ No Bid 52. DOVE ESTATES LIFE STATION MAD so 32 Mowing Services Per Scope of Services SNo llLd S 53. NOUN MEDIAN MOP 51 32 Mowifi.&WAc es Per Soppe of Services $ No BId S No Bid 54. OAK POINTS PARK Kke 52 32 Mowing Services Per Scope of Services $ Na Bid ,$ No Bid Cky of Sm"Ar - RFBIIOIB540RIIOD04 - Page 24 of 44 I 4F - 28 City of SM&WC RFB 111IB548MR1100H Page 25 of 44 4F - 29 57. ROYAL AND ANNIE SMITH PARK NERP 55 10 MowinzServices perScopeof Services $ No Bid S No B i d 58. SOUTHLAKE SPORTS COMPLEX M 56 10 MowingServices Per §90 of Services $ No Bid $ No Bid 59. BOB JONES NATURE CENTER 57 10 MowiM Services Per Scope of Services S No Bid $ No Bid 60. PUBLIC WORKS FACILITY MN 58 10 Ma Services Per §Ma of Services $ No Bid $ No Bid 61. SENIOR CENTER Ma 59 10 Moks Services Per Scope of Services $ No Bid $ No Bid 62. RANDOL MQ.L AND JONSON ROAD LOT Map 60 10 Mowing Services Per SM of Services $ No Bid $ No Bid 63. LOT ACROSS FROM BOB JONES PARK Me 61 10 MowimSavicesper LcM of Services $ No Bid $ No Bid 64. KOiKWOOD MlkP 62 10 Mowing Services Per Scope of Services $ $ 65. PUMP STATION 01 NL2p 63 10 Mowing Services Per $ of Services $ No Bid $ No Bid City ofSo,utklaArc - RFB1141B540MM10004 - Page 26 of 44 4F - 30 aD? gfSo *&& - RFB1101BSWMR110M4 - Page 27 of 44 4F - 31 ROUNDABOUTS SOU'i"H CARROLL AND 68. CONTINENTAL AU 65 20 LmiwaptServices per Soppe of Services $ 75 $ 1, 500 SOUTH WHFM CHAPEL AND 69, CONTINENTAL W 66 20 Lan&kotk Services Per 5co of Services $ 75 S 1,500 NORTH WHFM CHAPEL AND 70. DOVE np 67 20 LmidseMe Services Per Soopp of Services $ 75 $ 1, 500 71. NORTH CARROLL AND DOVE MAP 58 20 LanyM Services Per of Services $ 75 S 1, 500 72. S. PEYTONVILLE — I709 PORTAL Map 69 20 LarAWAM Services Per of Services $ 75 $ 1,500 73. WHITE CHAPEL —1709 PORTAL MaR 70 20 Landscape Services PerScWof Services $ 38 $ 760 TOTAL GROUP 6 S 8,260 Page 2a of Cky Of Serr&h*C - ItFiH018540MR110004 - 4F - 32 1 74. 1 1 MEDIAN # 1 1 1 1 48 Mowing and Landscape ofS�� Services Per S No Hid g No Hid 75. MEDIAN # 2 48 Mowing- � L ape Scope of ces Services Per $ No Bid $ No Bid 76. MEDIAN # 3 48 Mowing and Landscape of Services Services Per $ No Bid $ No Bid 77. MEDIAN # 4 48 Mowing and Landscape Sc of Services Services Per No Bid No Bid 78. MEDIAN # 5 48 Mowing and LmAlseape, Scow of Services SaMces Per No $ Bid No Bid 79. MEDIAN # 6 48 Mooring and Landscape Scow of Services Services Per No $ Bid $ No Bid 80. MEDIAN # 7 49 Mowing and Landscape Scope of Services Services per 8 No Bid $ No Bid 81. MEDIAN # S 49 Mowing and - Landscape of Services Services Per No Bid $ �o Bid 48 Mowing and Landscape S of Services Services Per $ No Bid Is No Bid City of Soritll Add - RNB1IOII"MRI I8M - Page 29 of 44 4F - 33 83. MEDIAN # 10 Mowing -and Landscape Services Per No Bid No B i Cl48 ,of Services S 94. MEDIAN # 11 Mowing and Landscape Services Per 48 of Services S Na Hid No BId 95. 11IEDIAN # 12 Mowing. and Landscape Services Per No Hid Na Hid 48 Scam of Services S $ 86. MEDIAN # 13 Mowing and Landscape Services Per 48 ScMe of Services No Hid $ No Bid 97. MEDIAN # 14 Mowing and Landscape Services Per 48 Scopeof Services $ No Bid No Bi'H 98. MEDIAN # 15 Mowing and Landscape Services Per =39 Mowing and Landscape Services Per 48 Scope of Services $ No Bid $ No Bid 90. 'M UNI # 17 Mowing and Landscape Services Per 48 of Services $ No Bid No Sid 91. ]YIEDIAN # 18 Mowing and Landscape Services Per 48 Sc of Services $ No Bid $ No Hid Cry of Souddab - RFB1IOIBSQMR110804 - Page 30 of 44 4F - 34 92. Ml®L�iN # 19 Mowing and Landscape Services Per No Bid No BId 48 of Services S $ 93. M1 UN # 20 Mowing and Landscape Services Per 48 Scow of Services $ No Bid $ No B i d 94. MEDIAN # 21 Mowing and Landscape Services Per No Bid No Bid 4$ of Services $ 95. Mi1±DL4N # 22 Mowing and Landscape Services Per 4$ of Services � No Bid $ No Bid 96. MEDIAN # 23 Mowing and Landscape Services Per 48 Scope of Services No Btd S No Bid Ummum TOTAL GROUP 7 S No Bid City ofSaeWAke - RFBI IIIBMOMRI IOD04 - Page 31 of 44 4F - 35 MONTHLY WALK THROUGH OR . TONVN SQUARE AREAS AS REQUIRED AND OTHER AREAS AS UF.STED BY CITY Monthly WWk-Thmngh of Town Square Service Area (GROUP # 1) or Other 'red 200 2 4OO 97. 12 Areas As.Requested or $ s t 98. As Requested Liccrmd Irri $ 40 Pr. Hr. 99. As Eguested Irrimmon Toch $ +40 Pr. Hr. 100. As Requested Irrigatfon BeIM $ 30 Pr. Hr. Trip Charge or Fee to Adjust irri0on or 101. As Requested Other R & Services $ 50 Pr Tri Pails". Cost -`+ Vendor Mark -Up % for % 10 102. As Rmuested Irri 'on New or Repair Parts Cost + % Other irrigation Services Charges. Please list: Weekly spot check, price per zone 103. As Requested $ QyOfSordlda" - RFB11#1B5*MR11Nd4 - Page 32of44 4F - 36 104. 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 RNu#!x1J%equwted Per Cu. Ft. $ 2 106. As Requwted Color Change Out of Flower Beds. Per Provided Flat Price Based on a 4" Pot Plant Size Per gem of Services Per Installed Flat $ 22 107. As Requested Rye Grass Over -Seeding. Priced Per Pound of Seed Applied to Include All Related Cbaw. Per Pound $ 2.50 108. As Requested Fortil�xer Application Per Pound of Chemical A lied $ 109. As keguested Vendor Material Cost + Mark Up % for Any Applied Fertilizer % Cost + % 110. As Regumed Pesticide or Herbicide Application Per Unit of Measure of Chemical Applied $ Ill. As Requested Vendor Material Cost + Mark -Up % for Any A lied Pesticide or Herbicide % Cost + % 112. As RyquestW Core .Aeration of Turf per Scope of Services Per Sq. Ft. $ .01 113. Per Request Other Vendor Chas. Please list: $ $ 114. Per Request Other Vendor Charges. Please list: $ $ Cidy OfSWAAr re RFB1101B540MR110004 - Page 33 of 44 4F - 37 Ci& ofSmalake - RFBIIOIBSUMRIIDM - Page 34 of44 4F - 38 3. Bidder's Experksce I staff A. Project Tee: Identify all members of the Bidder's team (including both team members and management) who will be providing any seMew proposed and include information which details their experience. B. Removal or Rgkceffmt of Statl 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 Bstablishmeatr state fire mrmber of years the Bidder's business has been establisher) and operating. If Bidder's business has changed names or if tier principals operating the business operate any similar bus oassea under different names, or have operated any other businesses or changed the legal status or form of the business within the last floc (5) years, all names, of predecessor business names, affiliated entities, and previous business entities operated by the principals, if different than prosent, must be provided; State the number of years experience the business has: 21 : and the number of employees: 96 D. EMOod Related Experie=: 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. CIO of Sarni Me - RFB11i1B540MR110004 page 35 of 44 4F - 39 IL Refsresem Bidder shall prorvide three (3) references where Bidder has performed similar to or the same types of services as described herein. Reference #l: Client f Company Name: City of Plano Contact Name: Contact Title: Jim Fox Park Services Manager Phone: Email: 972-941-7262 jimfoxoplano.gov Date and Scope of Work Provided: 1999 - Present Neighborhood and community parks, athletic fields and. greenspaces - sowing, trimming, edging, bed maintanx4ca, f till ti and irrigation er za on rape r. Street meone pri i Str t di 3 g t Valley, , Lorimar, Mapleshade, Chapel Rill, Tulane, Ventura, Marsh Reference na W. 'Pr- A-1 1 _ v.... sl- �... ..., -- Cliehnt / Company Name: Plano ISD Contact Name: Contact Title: Tom Ximbrough Director of Facility Qualit Phone: Email: 469-752-8205 Tom.Kimbrough@pisd.edu Date and Scope of Work Provided: 1997 - Present 82 campuses, 600 acres, public school facilities, mowing, trimming, edging, bed maintenance, weed control, fertilizat athletic field maintenance, tree pruning, rye grass install irrigation maintenance and repair (athletics) R arrowpnrp ,kR Client / Company Name: The Church of Jesus'Christ Latter-day Saints Contact Name: Contact Title: Roger Woodruff Regional Facilities Mgr, gall Phone: Email: 817-428-3227 woodruffRL$ldschurch.org Date and Scope of Work Provided: 1993 - Present 88 campuses, 150 acres, church facilities, moving, trimming edging, bed maintenance, tree priming, irrigation maintenan and repair, mulching, aeration Control. Lon, it ion, ►s Region NASA' ,e City of Smakkke - ILFRI IRSOMR119M - Pale 36 of 44 4F - 40 FA Trade Secrets and/or Confidential Information Trade Secrets and/or Confidential Information: This bid _ (does) x (does not) contain trade secrets and/or confidential infonnation. If applicable, describe such trade secrets and confidential information. and the basis for your assertion that such material qualifies for 1%;al protection from disclosure. Federal, State and/or Loail IdentlScatloa Information A. Centralized Master Bidders List registration number: n/a B. Prime contractor HUB / MWBE registration number: 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 R 13 frmn the successful Bidder. All purchases by govermnen al 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. RP9 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. [ x] Yes, Others can purchase IL Term of Contract and Option to Extend: [ ] No, Only the City can purchase Any contract resulting from this RFB shall be effediive for twelve months from date -of I YW.l The City antlelpato that contrast shall be renewed pursuant to the avaiL6iNty of fends sad at the discrelfon of the City. The fotlawlog't hium shall be inducted iia 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 any one-year extension. The Option to Extend will not be considered if funding is unavallable 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 successfW 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 adjustmenu must be solely for the purpose of accommodating an increase in the vendor's cost, not profiis. 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. Cky OfSmd "" - PJBIIDIWUMRIIOO64 - Page 37 of 44 4F - 41 C. Mce Increases Upon Extension: If approved by the City, the Vendor shall modify the rates charged by the Vendor to reflect any chdnges shown in the comparative statement delivered to the City. The maximum increase agowed under this provision shalt be four percent (4%) per year. The City small 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 1142) ESCALATION ........................ . 2 % SECOND ADDITIONAL YEAR (FY 12=2 13) ESCALATION ...............» % THIRD ADDITIONAL YEAR.(FY 13-14) ESCALATION ...................... 2 % FOURTH ADDITIONAL YEAR (FY 1415) ESCALATION ................... —2—!A IL CO CT TERMS AND CONDITIONS EXCEPT WHERE BIDDER MAKES SPECIFIC EXCEPTION IN THE SUBMI77ND BID, ANY CONTRACT RESULTING FROM THIS 11:" WILL CONTAIN THE FOLLOWEVG TERMS AND CONDITIONS, WHICH BIDDER HEREBY A%NOWLEDGES, AND 7V WAICfI BIDDER AGREES BYSUBMITTINGA BID: 1. Delivery of Prodacta and/or Seryioea A. Payment Terms: Unless otherwise specified in the Scope of Services or otherwise agreed to in writing by the City, payment terns for the City are Net 30 days upon receipt of invoice. B. WarrantvgjRwdtxU and Services: All products furnished under this contract shall be warranted to be merchantable and good quality and fit far the purposes intended as described in this Bid, to the satisfacdon 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 outer express written warranties provided. C. Late Delivery or:if Bidder fails to deliver acceptable goods or services within the tirnefrsmes established in the Ned. 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 alders to pay such costs within ten days of invoice. D. FOB fd&FM : 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 fmm 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 suc cessM Bidder's expense, unless otherwise agreed to in writing by the City. F. Tide to Goads and Risk of Loss: For goods to be provided by Bidders bermmder, 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. Chy eft&& - RMINBSOMR110H - Page 39 of 44 17." 1 rr=I 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 furnisb 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. : 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 eve, 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: Biddercertifies that it has not received compensation from the City to participate in priming the.speAcations or RFB on which the Bid is lased and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate. V. Rewired Licenses: Bidder cerifies.that he 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 submit the. Bid on behalf of the Bidder and to bind the Bidder to any resulting contract. H. Comuliance with Applicable Law: Bidder agrees that the contract will be subject to, and Bidder will strictly comply with, all applicable federal, stat-,and local laws, ordinances, rules, and regulations. 3. 1NY modal Resporetbilfty Provisions A. tom: The Bidder, consistent with its status as an independent contractor, shall carry, and shah 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: i. Worker's Compensafton " and 'Employees Liability insurance, including All States Endorsement, to the extent required by Weral law and complying with the laws of the State of Texas; I Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property .Deniage; :Personal Injury, Completed Operations/Products Liability, Premises Liability, Medical Payments, interest of Employees as additional insureds, and Broad Form General Liability Endorsements, for at lead One Million Dollars ($1,DW,000) Combined Single Limit Bodily Injury and Property Damage on an occurrence basis; iii. Comprdwnsive Automobile Liability bmrance covering all owned, non -owned or hived automobiles to be used by the Ccmtractor, with coverage for at least One Million Dollars ($1,0DO,000) Combined Single Limit Bodily Injwy and Property Damage. Chy OfSoutlih*e - RFB1101BWMR110004 - age 39 of 44 4F - 43 B. Iademait6icafifoa- Bidder agrees to defend, Indemnify and hold harmless the City, all of its officers, Coaaeil members, agents and employees from aml against all cbma% actions, suits, demands, proceedings, Wit; damages and liabilities, including reasonable attorneys' fees, court costs and related espMI'M*4 arising out of, connected with, or ranking from any mete or omissions of Bidder or any agent, employee, subcontractor, or sappiier of Bidder in the euecation or performance of this contract without regard to whetter 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 damns, actions, suits, demands, proceediegs, costs, damages and tiabflidcs, including reasonable attorneys' fan, court casts and related expenses, arising out of any alleged inh s.gemeat of patents or copyrights arising from the Contractor's performance ender the Contractor's Bid, including attorneys' fees and court costs. C. Indemnity for intellgMW Frooerty: 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, patient, copyngbt registered trademark, or other iatellectuai property by right covering such materials and the successful- Bidder agrees to indemnify and !told harmless the City for any and all costs, expenses, judgments, arei.dwne s which the City may have to pay or incur. D. Bond Reaairementp Prfpr. to. %he. commencement of work on this Project, Bidder sl<afl deliver to the City the fallarvlt= bonds leaved by a good and sufficient sarety licensed by the State of Tons and satisfhctory to.the City: L A payment bond to the amount of 100% of the total contract amount Insuring the fall and prompt payment of all persons performing labor and/or furnishing materials in connection with this Project; I A performance bond In the amount of 109% of the total contract amount insuring full, faithful, and prompt performaace of the responsibilities contained In this contract within the time .pan meters provided herein. CityofSardllake - M11610540MR1INN - Page 40of44 AMA Appendix C — Form CIQ XR]WEM2WNXWmA DJNG MOM COAMAT OFINTEMW QUES170AMM WHO: A person mpd Me a omffx t of qacsd=mim w& the City if the petaoa has a eno pkImod or binges ndstioniMp w& ao affiew of the City that =Am is to wr, =ame exaeedm S%M &Kmg tho pmoediag twrlve mod& period, or an officer or a membor of ft Offo 1's mmily has amepbd V& ift as a %dw of mm then ON dnaug dw peevxm twdve mods: period audthe pemm maw is any of file tbAnft acts w . 1. oonhacts or seeks to caaWd far the aerie ar p ebw of prop wty. gouda, ar scrviaes wit& the GSty, iaa aft any of the failmft . a wr>iban and impW ao mbmct , atiW per% pxrbm a dm% cm t rand paabmea and my p ffdm a of lift ad eervb= by the L ooetr far the powhow or sale of:sal pmpesty, permnal piaM ink as mwiion ofpmpeaty; C% tax a6atemeat and aoaaoatic devdocm� agtaa�errts 2 snhraits a bidto self ®Dods a services, a msponds to a nqueat far pmp ud far mvica; . 3. a:. i db OMBDON60 s wish the City far a ooa l* Or 4. uNfim hr a tax ahatrmeut mdlar ecoao * dovdopmcd incedire that wM rma la a aadsmct wiilh the city. TM FOLLOWING.ARE C7ONSMEMM OFFMCWW OF THE CTTY: 1. Mayor and CiLy Ca mml MmbmK I CityMaaeW, 3. Hosed and Cow membem onwimed by the Mrim er My Coma clembeas; 4. Dnudm of 4A and 4B deNaiopnxmt cerposadons; 5. the cxeoadve dbcdm err matgdeas a£ 4A and 4B dowhopmut calla mdmK and 5. Dbacioa< of the City of Sachla w who bave w4borby to Ap aoeiI - - an bdW of tie may. ESCLUBKOAS: A qu 9kmnaim mb noW Good not be Red if the money IsM tQ a local sovaamaet officer was a poilitieal coddbu io% a &M tD a m I ofthe Wfkxea BameQy f:mm a ma:aba , a audma or prohaae of leas than S2,5W or a U mactian at a prior and x*ed p116 1Yi etrti7Qfpa roe hp 1 d3 CkyofSoudldake - .RFB11d1B54AMW10M - Page 41of44 4F - 45 CONFLICT OF MEREST QMT10NMRE FORM CIO lFoe larder aP a dwr paaaal d ft blwbfass wbb bw gaaarnawfai wdrtty Ift a nd Mumm fob" @'Mmm tldk fs f@ iw bl "a 461 on I.. & Bmrft Rasa flFfi�l>rE OMLY Ift I ft IFbft*Winommi ONChWMTMIOWMffamkalfNCWN MORE" bVapraM vAwh asb ds -1 1 - 14 bW pale"l�d�en�lYaMlb.pwa�acelawq�iaerd:�lAdlrBadiw�9T6, � 8r4rfiitpiraiiarrir �ddbafd+dMsir I�IdsaddNYkatrdlta6d�a�ansadill aadl�t ndt IalartMniia4yl hllsbaaadsyirdwdtladw parson bamnwa aranoffaeb 1MMnqu6ilhaaYMsslbMbbalid. Sas8adiM1lTBaYB,LaylAerw�wMrtdCodw A Parson own* on @ /la PMawl bwmb* rialliaa 8awm from. Law Gwwrrm%Cad1.M aliilfp�llldaasllia wdim ba ClaaaC roiad�urd 'r f�MeelpeasnNRapwawdlllssrsarto..v�walpaarllalwkMwdtl D a -Mist irrigation Co. ❑ CMattlMat'161LlpaYpiHllp�flptlploap[�Mowly�M/�esYo�R. nu we npuasa bpll Yea as aw wiftm cgsP" peas--" gm"appmm b a* aafsnl9r tll ww wm Ile tli EtMklMlt A,f dklrlMt Mlbfla w��Y fled gpMp[ow�a bammc biampbbQ 1Mor»dai lfr atlsad-----ltltaftffw lfllslemw. w kplMMarumm" lfdld�ah<p n/a 716 des MM ! l Wft NNW& A. IL C. i DI mW be mndabd ay tloh oelder VA Mhad Ma far hM an Flo, or c1m bolkimmuMOmd*WtifteffinIn OXiALocalf rffmalCods.ADMMIdllalal pWbWFans=armomM C /k k ti bf� fa..M,IMdka: etNlad ti nMt sadvalt nlnplse a balyb latdire 1e111M Incaal, alrrmo 11na11ad brew, Aom lh��s�t^^��� al Ns yYHMondnR ' L 1 lYa 0 S. bimcwolfil4 dmmft-rkgarllrbbwalrassbsrimm"dMokmals.#m mmire dhftm tt ft bW 1samrpitlt d W M=W M 1Ma me fMa MID to toMm I =I b mt srcdwd lap 1w load oil IN aflw © F-1mv. C. bfwMraflW*m§=mftanplgr d by s 07spldDn ar atlkf tisM11ltl fft afh MP5dt b vddm Br lml YomwNM cftu mum M{ioWordkodxorbiasonoMmmftofippeeddfr9mo El -A- ED 16' 0. lln ft am* aarbr W or badrnw wldmMp rah alp Id 9YAMmMw aMar a new In fas NWIU . Z 25 11 a d- 7Al�tla la yak+ Oi Adrow asaaam 1fi9�ld 17QAftl�okCIQD!!fa ale Pap 3 d3 City 4fsawhiake" - RFB1101BSOMM10004 - Page 43 of44 4F - 46 To: U REQUEST FOR HIDE: HID DUE DATE: ADD®'dildUJl4NUMMM g 1 o'?'Q *V 41 DATE: Fdm�y 14,2911 RM18 B54MlR ON LATOSCAPE SMZVICES FOR CITY OF SOUTEO AIM &W pin., FRIDAY FEBRUARY A dil l 1 2M, per Addmdam 01, the City of SouadWw m vendor wmdms admd .miring the he-Ekd madm and aubm ood vmdw quabm pdar to February 14. 2011, mcdiMq gm &W of garvicas and mo ft* dm pdd* adoddt QLTSTION: Does ryes gtses am mftg aer wo includo waipmgF ANSWER: Yes. QUESTION'. Whst is the aid calm Sat nine you ens mquestiag4 Whet is the member of pW is per Sat? ANSVWM- no City im requesting 18 pbmb per Sax QUESTION: WM tmf antes receiving aver seeding this yea be aver wc&d um year also? ANSWER: Yes, we beHeve so. Ovaseedisg will be m requ=md by the City. QUaST N.- WM the City Rmcffy the am000t of dr to be Wlicd. ANSWER: No. Amoma of d =md applied will vary depmft an am ngmmeed sod nm&cuuw rmwmmwded mpplimdon rates and galdelinm. QuEffrww: WM you specify brand of ah®iaal for Wheshm? ANSWIM Na Vendor is the oxpat# an what abco sl is regalted for a given reaalt at a givao lacadm The vendor sha11 submit their bid an file bmsud they na mu ft use. The City will rie@dm aadficadm of applied m amd who chemical is beg utrlm' W but brand ohm h up to the vemdor. QUESTION: ]saw w tmee iavolwo csxyarsx�r oroe • Al2MBw.raM • HnDJWSWa shO«a F ressaM . ar��rtz AmGMVAhmWwAdmkWJdm 4F - 47 mswm- Yea, bw very mbnimW As sW in to bid doommnt aaotbet veado< in aoetMW fw tex idarod ms�ofce. Mow h* mdkr 1podtwpe we actor A& be tnq*W to pe, 6orm ndmmal low Wqft bm * peaft as iago& ed in srx m they provide =vim far. The aw does not roped so mowft or >act&OP vauft to MM& Mdff tm ems sarvioea. QUEi3ZION: Do you have a party far Town &WO Araff : Yea lalmd So*west NWMPMM me pmvwm U*WI msietmmoe aw iars wh& Tovm Squw. Ym&w a mWoomibie fir pWft np debris draft m mm or landscape smvioes vvidtin their assigned smvioe crass. QUEMO1N: b a bid bmd n*ised7 ANSWSB: No. only a payment and pw 6manae bmd per pp 40 aectkm 3 parag[spt D of the bid docammL QUESTION: Am yam ows leting o* 73 afgw 39 medtaas dwm almg FM 1709 Soafikk a Bhd7 A>*ISVYEB: Thme azt adnaliy a* 23 media jUm one 39 pages of drawings. Same of the medians are q& info two dnmhWe. M0061CATIOIN OF SW PE Or S=VI<C & Rcmavc Color Change Oot, Over Seedmggod-Mtd envices $am Lsndacape SWAM Scope of Smvi = hchubd is landmpe urviae cam md list apt in the Schedule of Priefgg. ltrm Va 103,106 and 107 as listed is Sdwdaie of Pricing. IfiOVIC irvm • Cdor chmge out of Sawar beds m rsgnmtei Sbad:ard dower *Vm, depending on m m or dime of n*wstad dope Alma beU N& • Over Seeding widt pwme al Double Bq& at oquWalent Ryggim m r+egmded areas. + Provide No-Pkd bblcb as ragomie d or repaired. Sf7.]�TfY An FJ OIANiew dMAdM NWMMft 4F - 48 MCO MCATIM OF ADM OF PAICWG MaNy &hc&k of Prising prloe aa6®iW mgdnmm* f w ftChmpesticide and hctid* fiiom par pawl orm*afu mnm pabato asgum$aatprice. OIUCZ L SOUZAULS OF PRIMO. I M1 AIRIEWPePasda[ 109. Af Vmft meld Coe + MAMO % fr Aq AMW Faditw x cal+l6 Ila M saw A�aa � � a� Die.de afam ail $ 111. AaRqp=bdM Vaadw biased Cal + bb&4p !G hr Any AIPW WHOW& Coat+% MODEFM �'OFTRICMG: REAU CUB AS PART OF YOUR sumearm lam IIL As _ Chemical � Cad Par Sq. Ft. S . D 017 ' 109. As Vendor ummi l Coat + Mack -Up % ibc Ferber % 10 Cast+% IIL As Pesdaide at Herbiads Application Por Unit of Mmm of QmmicW Applied Coat Pw 4 Ft. . 0 017 0 11L As RequedW Vendor Mat®al Coat + Ma kAlp %for Ar&4m4j9Pewici&acEkdpW&Cast+% % 10 ADDrnKM TO PRIMG ALE: 117. As Rcquaftd. Tim, bmeh or hedp p1saiag oxvicm Labor o * im hr. $35 ftjl . IlL As Vendor MetmW Cat + Wkk Up % for Any Wo, bush or badge moteatW % 10 Cast+ % aDfarra/IONie Arylr�ood et MM*$"eC8*4ff0 3ie/�Me lees? a17.ANAM A E�ildinlN�Ya Alan i�111W1on 4F - 49 RZMOVM FROM FMCM a MMMI hm # 34 is be* n=vW fim imM d I*. A om=d mmdavft dwR be ►a mbd 6o add ft Ion dw to mvuded vmdam contnck per Wo of mawnRg r ndm regaited, aloe Eros ba amq&W candadin ravicaL 34. BICBNTENNMAL PARK ADDMONAL / MANSION ARU Mop32 38 Muwmgswn=pw§mofswviuu S $ 38 Sbry = Per §M of Siwdm 1S � On V :l;O. P-41- M "'74MR c� ►, IN = SUBUMMON OF EIS HID. HIDDIM MM ACI M LEMB RICUff OF = ADDENDUM. BIDDER SFLATI ACKNOWLEDGE THIS ADDENDUM BY SXM0 AND RE1URNM ONE COPY OF 'PHIS NOTICE WHIT BID. DATED: 2 / 25 / 11 COMPANY Dyna-Mist irrigation Co. QgralsierWe • fiwoaet�pMnurr • wmwm ►rL s *e ae • so" rm mw M � l i Adkm holden 4F - 50 ORIGINAL ADDIMUM NUeMR 9 Z TU: Al Hidd f DATE: FebraW 106 2011 REQIWT FOR RIDS: RM19EM54 MIR "04 LANDSCAM SERVICES FOR CITY OR SOUnH AKIK BID DUE DATE: 3M pim., FRIDAY Fe VARY 25, ?A11 1. ADDENDUM NQ L ftM MMILAJO IL ML per AMmdttm #2, the City of Soa&lske is mwetmg addidaoae v=dor aobmhted gaestim sad moffying the prlciag borsht. QUESTION. How ft offtbe sheet does the r& of way edend! ANSWFAU The right ofway is defined as fiam the wise of the p nmmcd to fire fieaae Um or atility poke, If ibeee is tteitha s feocc line nar dility poles, the tight of4' well ex#cad twepty feet fiom d awr ofem paveeteet. QUESTION: Hvw do I ddmnbw Whet'ig HUA, home otimef, or bra mssotts ned who trying to d& ofways? ANSWER: Most HDA's Right of Way wX have rite snhdtrtsta n same posted snob as T1•imaum Bates PokstWor Dmamd Citale Bamm and wfa be mahm med by dw in&Aul HOA. The bads side of the gvbdMuA 3f it is on a rued w seomi that is pact cf the mowing canted s xmW be huh ded is pour aoets such ss South Ridge LAm sabdiv mon on Nadi Paytmvff6 toad arDismoodCkeb Estates vrhsie flee 8rast side an Whhe Chapd is mdnbiaed by the HOA bxt the bake* m Sao" H1W is part of the bid. Undemlopcd proper . dmt ace on the ROW Ma sod roads Amtdd also be umbded m your owls. MM but4ihmw or cougwd s that nags budnam pup m fig, msidsin tluar prgoty end dmWd not be imbdid in Row casts. Alm); Kbod paaopaiy, padot, sad MY &m1dmdmWmtbemdudcdfnyuuXCYWcoML These costs ate akm* iaootparamod into the imhvWual arse casts et:ccpt far mbW pm"ty which is not included in this bid. Hasse owma = requmA to msidam their own rightafvrsy eacept Whom they = pi+evmad boemae of itch or p Me emomatt sash s Dave Road betweat Wbitt Chapel sad CmmvU Avemte. In drib case vatdar d all be die fat 9t m areas. QUESTION: Haw many iii lioa ChlMcIM s#tould we pisn taD perform aYW ANSWIIR: T1se nmar of dtecka perfarmad is st dte disaetiae of tits awanded vatdar. b ig the vendor's mum&* to midatain $to b "m w tems is ptvpw waadang order. plyal pgapisoaeu • 1�Nta9isetSi�' Tabs 7t� MAMA AN MMONWAsSm Ades ks*u& n 4F — 51 QOFSI'ION: Si:anld 6m iaip ii m syeem dw*s be bcWW in a pmdm of too bad, or based an tM ley ealo that we ptovlde in the RF3? ANSWERS Any ia*dm cbmU a xmW be iadt M in the vmdora base bad coat for the arse. A upaate dhwp as wt allowed 6r fm frdgdm dmki . The bid does allaw far a nwa tly walk-dm fm of aa<viae mxeaa and en as Mum cbeck mmy be p me D coed by vaWw at gala time but additimtd nmpacdm of sym otem may be required ad shall not is= ea additional cue. Q11XS1IOM. On the property babied "C kng Mum PA& of Way smd Medians $+om SH114 to FM 1709", the map appatnt to coomra a* the medicos. Dm fbe p mpMy along fhe side# of Casts Avnane requite hwa or Ladaoape mzd dd ANSWER: Yes. The pwpeety on the Baal side of CarM Avmw fi= tiro mub to the sidewalk is inoloded. QUESTION: When pd®g attambus parrs and tref hubon material do we oeslyy Wised to p mvida a mac- up'Y or do ittdade the pd&* for sonic of the ptadacts? ANSWER: Only rise mmi -V pmc*V vendor is dtergi:sg 3a required QUESTION: Maw of fm pmpmtiee in Croup # I appear to leave ]brie mndrh in the bads any. Should we estpect flits to hap m ammally? ANSWM- Mul& dv& in do vesiasts bads will be as dhtcted by tits QUESTION: In take to sailor S of the RFB "Sebimated QmvdWea" should we aspect that *ms enmh n mulch and mmuml color wM be paldosottod by the same company that was awarded each propstrty? ANSWER: Tito City nme:vm the right to avmd rhos ombod in the beat b end of the City. We =111a :dy awarding all imdmM services by cmnp but rmurm the right to award in tine beet interest of the Cky. QUESTION: Do the tree wells need to be maiafsined, or would you lime to we grass 5II the area tr: the u mk? If you woof thaw meinfftbod, &odd mutdt be mstallad is the tme walls at dte same fiegmM ae other landscape bed@? ANSWER: Tm wdfs will be maammasi per C by dicacibm This may idcbnda m mild:, gms@, Pleat msdedal or a combion too th #roof QUESTION: In seder to nmkbk onapeddve prig an you feat ere how maty limes ecoh ptapeity in Croup #1 was serviced in 20102 Do you ag" a aiamlw m hoh& in 2011? ANSWER: No. That kbmdim is not rm* avaMW. We have adWm fad the slumetdy id fnity eight (48) services req*ed for C=V # 1 which is o* an adbate. Moue a lees eervioas may be n qu red depeadittg ainwmdm or outer 0rdm fsydSMNiW • FAMO0Oaamt a WM*SW 5*40 • b t#Ak Tao XM WMM An E8D0W1MM*vAC&m 1 11 11un 4F - 52 QIIBSTION: in Cesatai Pmt thRte is an atma of leg to the &m& of &e pack sepe acted by pacl®g that Em the same tgpe of plods m fate pack. Mep # 1 does mt Wmw that Ibis is bmhWW Shmid we htclucie this peas in m bid? ANSWES: No. QUEMON: The teas wails in fiuot of In Bww=bmm we an mraed Ac c' . An these bwhWcd in We Tmrn 8"=u= WcW ANSWM; No. Tbase otareno m pact of an HOA mcmest and eta no iwbxW. QUESTION: Ate the Wu MyWcs in Summit Paek muWmed to be Wm cd? ANSWSB: Yes. Per tho Landscaping Scope of Services. page # 9. triEE = ofbuWh broth and h=W trig serviaea as iagaoad � maiapuin tagaiead eoc. QUESTION: At die mom to Town S m m cm& aide of Raft Parr &cm are Madmaped #Facers. Whi* pwft of the bid should dmse be inclac W ta7 ANSWVT&- The users Wert kwhdg in Map #1 fm Rundu Pads should be h daded widrin the 1709 Right of Wag areas "iitbin GWW A. QUESTION: There is a page -style am on tlrc East side of DPS HQ on C'auWL is this included in die Citoop #1 bid? ANSWER: No. QUESTION: is them lsmhcqing and Mimfmm i W& the feweed and gated pad®g tat st UPS W sad is it poet of the camhect? A?aM] S: Yea. Thera acr: tarf aaoas ad bushm located wilbm this ar+es. Thane areas mag ba viewed Am the fisace line. nm are tyro M iffimfin systems cmWff ft of tmAmr • and drip irei�tion systems Located within this gatod am All am of n*War it ptm may be viewed Sam auW& the atcmo seta. Tito Mp img t m system locWd within &e gated arm crosists of 13 raised beds. Than ie #are Wr L dmped bed app mmkM ly 2F x 4% Rw raised beds spp uzWmimaty 14- x 5' and tight raised bids Wp = m t* 14' x 2'. We have included pbctos of #less nimd beds due to this bckg a scarred area. QUESTION: Arc gm Hmwwd sad ladies Hawthoem an mmed streets mchk d is tree Well bid for Town Sq m+e7 ANSWKIL Yes. QUESTION: no the Indhn Hawthom beds need to be included is tree Well pricing Sir Taws Square? ANSWE : Yoe. W located m a named street. Am EE0rM. Aaron 1awf bon 4F - 53 moom"CAUCK M ISamm oar PRLcm Mu ft sole of Pdomg price au mild mpk=mo fm D=16, R ave SH 114 Right of Way ftm Coat of Item 56 and list t4 is am as a mqmno alhmWmbie a wltpm SC+A. ORIGl4UL SCMD©L.E OF PMCiNG; 36. RIGHT OF WAY— YELLOW AREAS Mw 34 32 Moft SerWM Pw Scopc of &rvim $ MODIFIED SC EDUL < OF FRICI W- PLEASE CJOMPi= AS PART OF YODR SUBNMTZD ]RD sc BIGHT OF WAY YELLOW AREAS EXCLUDING SH 114 Map 54 32 MOWID&SmViONftSOWof&rvim SNo Bid S No Bid 3fA. RIGHT OF WAY YELLOW AUM SH 114 AsRequaded mowm Sesvi = Pat So= Of&" n $ No Hid C#Srsxow • Anne • mwAi*sw$w4w + Sam. Tmmw j"..7mAm 4F - 54 IN THE SUBMWON OF HIS BM� BIDDER MUST ACLNOWLEDGE RECEIPT OF 'THM ADDENDUM. BIDDER SHALL ACKNOi1VI.1R)(3E TTS ADDENDUM BY SI(�'iM AND RETURNM ONE COPY OF TMS WMCE WITH TllM3XD. SIGNED: DATED: 2 / 25 / 11 COMPANYNAME. Dyna—Mist Irrigation Co. ag�dsae�wre • ��e�ut • raw�bs2rer6 sr1�� • saww� t�a]!E� aT1, 7�i1Y 4F - 55 City of SoutMake RIM110IB540MR110004 Landscape Services for City of Southkke Eaamment Tice 16' Rotary Finish Mower 6' Z-Turn Mower 5' Z-Turn Mower 4' Walk Behind Mower Tractor — Buffido Blower & & Mechanical Edger Line Trimmer Hand Held Edger Back pack Blower Hedge Trimmer, double sided Hedge Trimmer, single sided Trimming Attachment Equipment List Dyne -Mist ORIGINAL NMakeWedel N� Otv Available Toro 5900 3 10 Toro 7210 2 5 Toro Z593-D 1 5 Skagg SWZ48 3 10 Steiner 430 1 4 Stihl FS80 11 40 St1l FC95 4 10 Siihl BR420 8 25 Stihl HSS1R 2 5 Echo. HC230 1 5 Stahl ST14230 1 10 Miscellaneous Hand Held Tools will also be used on this contract. 4F - 56 �81, f City of Southlake . D11101B54ONW>10004 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 ablc 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 unnoticed to the general public. Dyna-Mist has this ability and it is exhibited every day on more Haan 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 2 1 " walk behind mowers. Our operators are trained for each specific machine that he or she will use. Dynes 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 Souddake. B. Additional Hardware Descriptions: n/a C. Material Safety Data Sheets (MSDS): Will supply upon award. D. Guamtccs and. Warranties: n!a E. Project Schedule/Wivery 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 is the landscape business Kelly Jimenez — fleet & safety manager, 25 years experience as safety and fleet maintenance manager 4F - 57 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 speciaW Saab 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 lime trimmer specialist Marcelo Favela — 8 years experience as crew leader and Z-Master operator Daniel Omna — 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 band trimming and tree priming 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). 4F - 58 TEXAS DEPARTMENT OF AGRICULTURE TODD STAPLES, COMMISSIONER �� aC P. O. BOX 12847 AUSTIN, TX 78711-2847 r 14n-542-2474 r �r For the hearng Impaired: (14MV-735-2989) x TDD (1-SW735.2988) VOICE www.tdastate.tx.us SPCS BUSINESS LICENSE This is to certify OW the business listed below has met the ticen tg requirements of Texas Occupations Code, Chapter 1951 and is authorized to engage in the business of Structural Pest Control_ A DYNA MIST CONSTRUCTION CO INC 2808 CAPITAL WYLIE TX 75098 TDA TPCL No.: 0%7879 SPC13 TPCL : 10677 Issue Date : 01/31/2011 Expiration Date: 0113112012 TEXAS DEPARTMENT OF AGRICULTURE STRUCTURAL PEST CONTROL SERVICE TODI] STAPLES, COMMISSIONER - P. O. BOX 12847 AUSTIN, TX 78711-2847 (877) 542-2474 For the hearing impakW: (800) 735 2989 TDD (800) 735-29M VOICE uflrrw.lda. Mlli x. u shm COMMERCIAL CERTIFIED APPLICATOR TDA TPCL NO.: 0567879 TNs is to certify that the person whose name eppaars below ties met the requirements of Texas Adrnatislradve Code, this 4, Part 13. License No.: 0561572 Chapter 7, Sutxiapter H and Chpter 1951 of the Tetras Occtgxglons Code. SPCI3 TPCL.: 10677 RANDY PLUMLEE Expires, 01/31/2012 DYNA MIST CONSTRUCTION CO INC 2808 CAPITAL WYLIE TX 75M Categories: W,L P TEXAS DIEPARTMENT OF AGRICULTURE~ TODD STAPLES, COMMISSIONER P. O. BOX 12847 AUSTIN. TX 78711-2847 (877,42-2474) For the hearing impaired: (800) 735-29M TDD (8W) 735-29N VOICE a r .tx COMMERCIAL TECHNICIAN LICENSE This Is to certify ttrat the pion VA=e nerve appears aelow has met the requirements of Texas Aviculture Code Chapw To. tolaling to apprication of restricted -use or staie-flmilsd-usa Pesticldes or regulated herWdas. This Ycerrse is itttrued for purohaee end spprroation of restricted -tune or stabe-i�n&xHme Pestivides or regulated herbicides to be used acoordlrtg to label dirediorrs cortsiSMeat m th the use CBtegc des lislod below. JORGE CALERO DYNA MIST CONSTRUCTION CO 114C 2808 CAPITAL IN WYLIE Tx 75058 TDA TPCL No.: Tacmicien No.: SPCB TPCL : Expires : ON7879 0553662 10677 01/31/2012 4F - 59 A LD JD IUVA JaRL.eAULF� g6mmL tLLL+I A^Lax MTWMI xk%%ANNW A7MM%Aum juw aFrs+a & xa r►sr, •"•aaw. 4 TEXAS DEPARTMENT OF AGRICULTURE TODD STAPLES, COMMISSIONER P. O. Bt?X i2847 AUSTIN, TX 78711-2847 (877) LIC-AGRI (877.542-2474) For the heel" "red: ($W) 735-29M TDD (OW) 735-2W8 VOICE www.tda.stfe.tx.us COMMERCIAL PESTICIDE APPLICATOR LICENSE This is to that the pereon.rAmm nerve epp� bd w has met MA Client No_ 1XI2MM the requirernerrts d Teems Agricul w Gads ChePkw 78, r mi li rp !o p g k m tlon of resok:bed-uee or pesticides or TDA Lkam No. 025M nmd tad be bicides. Tina license is isauad for purchase and appriratian of moMa ed4m or Musa pesdcklm or Effective Mite: FebnapY 28, 2011 regulated herthiddss to be used acaardWo to label dir ohm eon MOW MAIh the use cabgadm listed bekw Exp oft Data: Febtu 2D, 2012 RANDY PLUIVLL.EE 2808 CAPITAL � CATEGORIES: WYLIE TX 75098 5,3A 4F - 60 I 150 TExAs commissioN oN:ENvmoNmENTAL QUALITY W44 u. -it mu m that ALFREDO NMANDA ors hafidfl&,,d t&' ft amwkm u*h UCENM.EWCATOR Lim= N"dw. twm? &W DM 0400MO Ejq*adon DOC o4onm3 orp fill Tew ComoLgion an Tx=ij, Qmcq TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Be it kwm. that JOEL-VARGAS hasfuffi&d the - mquimmmts-in a=dana with the Paws of the State, of TeXw for LICENSED IRRIGATOR Li=e Nwnbw. uool'-Mrg Issue Date: 01MMIO ZWudw Dftu Wration Date: 011310013 cmm:uion = 4F - 61 t TEXAS -00MMISSION .04"ENVIRONMENTAL QUALITY TEXAS COMIMSSIOR ON -ENVIRONMENTAL QUALITY Be it knmm that: AYRGE A CALE-RO has -reqW� in aeeo'rdwm u4th dw raves ofdwStmfx:qfTexasfor' LANWCAPE UM OATION TECHNICIAN t I m imw Date: oinwmio EqhatiM DaW 0113112013. motive 4F - 62 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Be it %0uft that RANDY SCOW PLUM LEE Fins fuWfiG�e� tF�e .. in acrnrdana with the lazrts dw State of Texas far -LICENSED EW- GATOR Lkoue kinder: LK*Wi95 Issue Date:' osm2mm ration Date'! osr imi l E.4aaive Dbect°r Tc W Cow ssim an Env&u nvxfal Qw&y e 11 4F - 63 ORIGIKI :1, CERTIFICATE OF LIABILITY INSURANCE 1/2 /ZOO' THIS CERTIFICATE 1$ ISSUED AS A MATTER OF INFORMATM ONLY AND CON tM NO RKKM UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE HaOW NOT AFl•MIMATRUY OR NECIAMILY AMEND, mr KIM OR ALTER THE COVERAGE AFFORDED BY T14E POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT COINITITUTE A CONTRACT HIEIYMEEN THE MIMING INSUREPP), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE C OMFICATE HOLDER NAPORTANT: N on holder ML aR ADDITIONAL BNIURED, tale polk mem) Sant be elldoesed. If suBROOATION Is WAIVED, eu4jW ID Nw hl M =d colldltkm of u1e per. owb to poWn elW m9dman sflders monL A -1- I - , on @ft O011 kmW does rAt Owrftr dghb to the d0lEkat6 holder Ha IIEu d such FI�oLlce+ M1cQueary Henry Bowles Troy. LLP 8144 Walnut Bill Lane, 16th Floor Dallae TX 75231 a wpne - - =L& jUdyAM@nhbt.com APFOEDeIa CDYEa1L IR NAIL e ILMIIluD Dyna-Mist Irrigation Company, Inc. 2808 Capital Street Wylie TX 75098 VIIIUNKRA.-Taxas Ifttual Ineura=e Cmany 22945 ■16u eD.- 10 r Mutual C It an 21415 imiimicz NICASCO Insurance QgMgmy 31407 eaULLEi n NiNNEl E • neliax�: COVEiAM CERTFICATE NUMBER463777024 F EWSION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LIM BELOW HAVE BEEN OWED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVNTH TANDING ANY REOUIRMENT IERM OR CONDTRON OF ANY CONTRACTOR OTHER DOCUMENT NTH RESPECT TO WHFCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, !TliE IN911RJ1FICE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COMMONS OF SUCH i'OI.K ms, umas SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 7R MEDF INSMWO11jiffy%LEMS PUML a OENEWLNUILL7Y X COMM MALGENFRALUABILIIY CLAIV"ADE W. 1 CpCtJR 2/1/2011 2/1/2012 EACyppCLRpgWE 41000000 PRINIM Ma oommynaW $100000 MWEXP an 45000 PERe0NALAAMINLW $1000000 GENERAL AGGREGATE 52000000 GEM AGGREGATEUMTTAPPLiESPER: POLICY X PR4 LOC pRODLCM.COMPIOPAGG $2000000 6 C AUTOMOe1LELJIIBLITY X ANY AUTO ALL OVA&D AUTOS SCHEDULED AUTOS X HIRED AUTOS % NONZMW AUTOS 2/1/2011 2/1/2012 OOMIANEDSINGLELIIAIT 4Ea a�awq $1000000 BODILY eUUiY Ru Pamm) $ aODLY WURY (Pw a bUft) 6 PROPERTY DAMAGF Tlracm" 6 6 6 A LIAR OCCUR L1Ae CLAIMSMADE EACH OCCURRENCE 6 AG0IMGATE 6 JDEEM�cn�BLE� 6 A CONPEMTM Ali! sumnomL&%ELrry ANY PROERJEX VE f p PROMLL. WRCapIi 95R EXMIMED? Y P"g Imy M *) LFUIK ©� ho"w atloN9 bdm N I A 7/1/2011 2/2/2012 I I VJDSTATLI 70W 1 Mrs ER EACHA CIDENT $1000000 ILL. 01WW-EAEMPLDY $1000000 E.L. DISEW. POLICY LMT 1 $1000000 DESCM110NOFOPERA71011e1LCCARdle!Y10=12(AIYebAOOIeI1M,AdeaaedRwrAieNMLMIM,Nlron+Spam kwq,,.I Additional Insured farm #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'll/04 applies to the general Liability policy See Attached... SHOLAOANYOPTHEABOVEDEBgIMPOLICW BECANCELLED 9614ORS THE EXPEHATNIN DATE THEREOF, NOTICE MALL BE DELIVERED N ACODIIDANCE WITH THE POLICY PRIPASK NB. For Sid Purposes Only Conveys no rights to holder N/A T% N/A ATmommmRmimmmyAIE ACORD 25 (20DM) The ACORO nine and bgo am rogbbmod marks of ACORD 4F - 64 AGENCY CWTOIIEli Rk DnMMIRR LOC #k ADDl'nQNAL REMARKS SCHEDULE P8003-._._Of.:L_ AEeM «� HcQusary Henry Bowles Troy, LLF -Mist Irrigation Company, Inc. 2808 Capital Street POMMOMM Wylie TX 75098 C.NEeE!! NIMTC CODE E VROM CARE: THIS ADDrMNAL REMARKS FORM 0 A SCHEDULE TO ACORD FORM, FORM NUMBER 25 FOpsl TITLE: CERTIFICILTE OF LIABILITY. IDTSURANCE... giver of subrogation form #WC420304A edition 01/00 applies to the Workers Compensation policy ertificate Holder is named as an Additional Insured per the above forms on the General Liability and usiness Automobile policies of.the insured and provided Waiver of Subrogation per the above forms on the eneral Liability and Workers Compensation policies of the insured, but only to the extent that the limits nd forms are required to satisfy the terns of a written contract. ACORD 101(200M ) 0 2= ACORD CORPORATION. AN rWft raftNO . The ACORD name end logo Ere rem melt of ACORD 4F - 65 THE AMERICAN INSTITUTE OF ARCHITECTS Bond 2130023 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): SURETY (Name and Principal Place of Business): ]lynx 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): Landscape Services Southlake, TX 76092 RFB1011B540DK100027 BOND Date (Not earlier than Construction Contract DateY Amount: $ 152, 000.00 Modifications to this Bond: ❑ None See; Last Page CONTRACTOR AS PRINCIPAL_ Company: (Corporate Seat) Dyna Mist Irrigation Co. signature: — /,;;� & Name and Title: (Any additional signatures appear on last page) SURETY Company: (Corporate Seal) North Americhn',Specialty, Insurance Company Signature: r49 Name and Title. arre J. Kevere, rney In act 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 �Dp(7llN�ENAS11NSTrrUTEOFAR M,#T35N,EWAYYORKAVE.N.W,,W WQTC",,0.C.2oW A212-1*A A TMRa PRINTING • MARCH 1987 co0363Q4- .0 4F - 66 9 The Contractor and the Surety, Jointly and severally, bind ' -themselves, their heirs, executors, xd atrators, 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 prcNxied 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. 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.Contracto(s default or 4.4 Waive its right to perfonn and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as, Oracticable after the amount Is determinedre 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 Surely does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be In default on this' Bond Mean 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 avallable 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. 4.2. 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 shaft not be greater than those of 'the Owner under thb Construction Cordract. 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 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 shalt 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 an 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. 8 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 Au DOCUNIl W A312 • PERRORMANCE BOND AND PAYMENT AOND •D=MSER 198a BD. *ALA 49 MDAMnN0FARCryn6C5.InSNEwYORKAVE-KW..WASHiai0N2C2=5 A31Y-1$04 2 1987 C0038304-50.0 4F - 67 Jurisdiction of the suit shai be a�sslfcabie. 10 Notice to the Surely. the Owner or the Contractor shall be marled 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. RUB A4111#161M 12A 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 bW fi made, including allowance to the C6 ictor of any amounts received or to be received by the Omer 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: Signature: N/A Name and Tide: Address: Signature. , , _ NIA Name and Title: Address: (Corporate Seal) AIA DocUMENT A02 r PERMFWAWR OONDAND PAYMENT BONA •DECEMBER 188i ED. rAIA MMAM6 fA4WEOF7 T$ HITEC1T951JEWYMAVE..&W..WASHINSTC%D.C_MODS A312-1984 3 CH 198 C00303".0 4F - 68 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 Attorney(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 orundertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the NA h of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary he, and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." BFff/y� BY 6-7 ,5 i is . Stavea P.Aa&mn, Pmidenl&LAIC[Eum&aMeer mfWaaNlsgton latneadonal mean --Company fSt=a'Il. Pkt t{ti$ i &sea[orVice Prmldem arNorth Amertasa SpecNdty lnwramce Company i By # David NL Layman, Sonia, Vic. Fftidtaf ofWathlogion lntmatlonal lmunimm Company & Vke PmMul of Narth Amorkan Specialty lnraraace 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 , 20 11 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this l8th day of March 20 ] 1 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 respective companies. SlamCmiawmapimmou lu r,% Donna D. Sklens, Notary Public 1, 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 time 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 7fh day of April 2011 . dames A. Carpenter, Vim PmAW & l,ssismm Searstary of 9Vashiagton intonational faaiummac Company & Nw1a Am;!— Spec!aVj 1wamm. Company 4F - 69 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 2130023 A1A V=Ment A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address). Dyna--Xist Irrigation Go. 2008 Capital Wylie, TA 75098 OWNER (Name and Address): City of Southlake 1400 Main Street, 0400 Southlake, tX 76092 CONSTRUCTION CONTRACT Date: Amount. $152,000.00 Description (Name and Location): Landscape Services Southlake , TX 76092 RFB1011B540DK100027 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: 4 /-�- Name and Titie: (Any additional signatures appear on last page) SURETY (Name and Principal place of Business): North American Specialty Insurance Company 475 N Martingale Road, 0850 Schaumburg, IL 60173 SURETY Company: (Corporate Seal) North American Specialty Insurance Company (2- r- Signature Name and Tit : Marie D. Revere, Attorney in Fact Attorney in Fact (FOR INFORMA770M ONLY - Name, Address and Telephone) AGENT or BROKER: Wilis of Texas, Inc OWNER'S REPRESENTATIVE (Architect, Engineer or other 1530.5 North Dallas Parkway party): Suite 1100 Addison, TX 75001 972-385-9800 Tj ALADOCUMEKTA312 • PERFORMANCEDONDANDPAYA MOOND 6OECEMUR1864EM •P!A 7 pA1NTING MAIRCN OF FA,IMNeWYORKAVE..N.W..WA2FN1kG70kD.C.2OWS A31b19M 4 C00355UMU.0 4F - 70 1. The ContracW and the $urety, jointly and severally, bind themselves, their heirs, executor, 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 Omer, this obligation shall be null and void 9 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 daim, 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: 4A 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 oopy, 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_ 5. If 8 notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. & Wlen the Claimant has satisfied the g*nOitlons of Par&grio 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 SurelyPs total obligation shall not exceed the amount of Nis 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 Constriction Contract and to satisfy claims, 9 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. t1. 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 eve the notice required by Subparagraph 4.1 or Clause 4.2.3, 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 heref om 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. AIADOGUTAENTAg}x-"eWORMANCE6QNAANDPAYMRaWND*DECEMBER-1'*ED. OAIA A312-1984 5 7�}tltNrMIG�rAARCH ARC:7[[ECi5.1T35NEW 4'DkKAVE..N.W,,WASHINGTON.DC.20008 C009550&M.0 4F - 71 14. Upon request by. any person or enfity appearing to be 11. potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shalt 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 equipmerit 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, geadine, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for perkmiance �W the work of the Contractor and the ContraftWs subcontractors, and all other Items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equlpment 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. MOfDIFICAVONS 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 squire 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 Seat) Company; (Corporals Seal) Signature: NIA Name and Titie: Address: Signature: N/A Name and Title: Address: A4lDOCUNENTA2J2•pMV0AMAWGeDNDANDPAYMENrBOND*DECEMBERION ED. MIK ED�.,RCKFEUM,i7mmEWYORKAVE.,N.WWASHWGTON,C.C.20M A3727964 6 C0035508-M D 4F - 72 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHiNoTON 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 lntemational 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 Attorneys) -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 Attomey 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 20 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 atlached." 1 a � By •' •[Ira SlareaP.AndenegPnvideal&CWefire¢nllveDlfieero(WarhlagtoaletereatloeollmaranttCompany Ei41,� ,� 1979 i & Seafor Vice Preddem of Narlh American Spec W ty lnaaranee Company ! t B y VwW F& Layman, Senlor Vice Predclon otWobingtoo rnlemational lmamoco Company & Vice President of Norsk American Speelelly rnsamom 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 l8th day of March 2011 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this l8th day of March 201 i 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. jrti d+ItuiD.st4 Nam! Ya L51 Donna D. Sklens, Notary Public I,t . 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 Attomey 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 A011 2011 . }mans A. carpenter, Vim President& Assismnl Semanyar WuMngton lmcc dnnal ht_aar m Company & North Amaieen Sp..Wty lnrmm,ea Company 4F - 73 twah o :-,ompanywl- murance Wa�W my m TEX" d1mms iNFgf*hk 'Irrqt,oer twoOWldfban4toWo mako-woomplabit, Para obtefibe"IfifflftAdibn o I q)afmAr, youmwd6ot�.�,CA IA - -N Y: panyon0of.:A6OAwan POW*ns umnue: mor rmMP, I I f pr.) atkn: to me" W-C=044!g� 'I-BDO-33"753 de ip rsW4�r5a sop Carpent U,stW.Ashington i*.'d ppe&-@sorjb.1, h ,m ,10"mw4. P#"YaM. 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