Information. Flexibility. Proposal

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1 Request for Proposal! (Draft)!!!!!! Thursday, December 6, 2012 Request for Proposal! (Draft)!!!!!! Thursday, December 6, 2012 Overview Marina Del Sol Landscaping Contract for 2103 & Beyond Marina del Sol (MDS) is a water side residential community consisting 250+ homes in League City. The community has been in existence for over fifteen years The community is managed by an active Home Owners Association (HOA), which in turn is overseen by a five director HOA Board. The Board have developed this RFP which will be sent out to several qualified landscaping contractors. Working through the HOA Management Company (Houston Community Management Services) the Board will review responses with a view to appointing a Landscaping Contractor by the end of December 2012, or at the latest the end of January Priorities There are three clear MDS landscaping priorities that will be reflected in awarding the community landscaping contract: Qualification - the selected landscaper must have a track record that convinces the HOA Board that they can do the work effectively, and that they meet the insurance and other criteria associated with doing the work Quality - the quality of landscaping plays an important part of the community life style and impacts the value of homeowners properties, so quality is of paramount importance. Cost Effectiveness - Landscaping represents 70% of the total cost of operating the MDS community, all of which is funded by an annual charge to homeowners. Developing an RFP and talking to multiple landscaping companies is part of a process for getting value for money. Having said that, Qualification and Quality over-ride lowest cost Evolution - MDS as a community is constantly evolving and improving; the selected landscaper must be an active part of that process. Recently MDS started replacing & repainting the common community fencing; prior to that it refurbished the entrance fountain. In 2013 MDS plans to review its landscaping strategy, to both improve its appearance and ecological footprint through lowered use of water. The role and engagement of the selected Landscaper will be critical in this review. Requested Proposal MDS Landscaping today is divided up into: Day-to-day Maintenance Work - like grass mowing, tree trimming, shrub pruning, managing the irrigation system, emptying trash cans etc. which today accounts for 58% of the total landscaping budget. A Landscaping Map has been provided below AdHoc Work - which ranges from fencing repairs, servicing/repair of the irrigation system etc. accounts for 19% of todays Landscaping budget, but will reduce with the installation of the new fencing in 2013 Irrigation Water - this is a growing cost and will be a focus of the landscaping strategy review. Born directly by the HOA, irrigation water today accounts for 23% of the overall Landscaping cost. Information The current Landscaping Contract which includes exhibits describing terms and conditions, detailed description of work and work in terms of visits is included as an Attachment. Flexibility We want to reward the successful Landscaper for flexibility in doing planned landscaping work. To this end, we propose to share the cost saved by avoiding unnecessary visits for reasons of weather (less rain means grass does need cutting), seasonal factors (unusually hot or cold weather curtails growth) or Landscaper judgment. What this means is that MDS will pay the Landscaper 50% of the pre-agreed cost of an avoided visit. Essentially this 50% is pure profit for the Landscaper, and a cost saving for MDS. Proposal We are specifically requesting a priced proposal to accomplish the day-to-day maintenance work. Ideally we would like to have a written proposal - the MDS Board will meet with the final two Landscapers. A representative for MDS s Management company, and from the Board will be available to to answer questions and provide clarifications. MDS ideally wants a long term relationship with the selected Landscaper, one that provides mutual and financial benefit to both the community and the selected landscaper. Marina Del Sol - Landscaping Request for Proposal! 1 of 11 Marina Del Sol - Landscaping Request for Proposal! 2 of 11

2 Request for Proposal! (Draft)!!!!!! Thursday, December 6, 2012 LANDSCAPE MAINTENANCE CONTRACT AGREEMENT entered into as of this 10th day of December between Landscaper hereinafter called CONTRACTOR, and MARINA DEL SOL RESIDENTIAL ASSOCIATION, INC., hereinafter called OWNER. Purpose of Agreement: The purpose of this agreement is to state the terms and conditions under which the Contractor will provide landscape maintenance services for the property of the Owner which is located in Galveston County, Texas, hereinafter called the PROPERTY. In consideration of the mutual promises herein contained, the parties hereto agree as follows: 1. SCOPE OF SERVICE: CONTRACTOR shall perform the landscape maintenance functions as outlined within the Task Frequency Schedule (Exhibit B). OWNER has the right to provide CONTRACTOR with a change in scope of area to be maintained and/or frequency of maintenance with either a decrease or increase in contract amount during the contract period. OWNER must give CONTRACTOR thirty (30) days advance written notice if changes are desired 2. MATERIALS AND SUPPLIES: CONTRACTOR will secure, at its own expense, personnel, equipment and materials required in performing services under this Agreement 3. COMPENSATION AND METHOD OF PAYMENT: The OWNER agrees to pay CONTRACTOR as follows: For the landscape maintenance functions, as outlined in the Request for Proposal (Exhibit A) and the Task Frequency Schedule (Exhibit B), performed by CONTRACTOR, shall be the annual sum of $ 58, CONTRACTOR shall submit invoices to OWNER on a monthly basis for all services performed during the preceding calendar month. Monthly invoicing will be assessed based upon tasks and services performed. Invoices are to include all sales taxes at the current rate established by applicable governing districts. All payments are due and payable to CONTRACTOR. Should OWNER default in the payment of any or all of the amount due under this agreement and such amount is collected by or through an attorney, OWNER agrees to pay all reasonable attorneys fees.!!!!!!!! MDS Landscaping Map Marina Del Sol - Landscaping Request for Proposal! 3 of 11 OWNER herein has a duty to inspect the PROPERTY within five (5) business days after services have been performed by CONTRACTOR. If OWNER is dissatisfied with any work performed, notice of such dissatisfaction shall be given to CONTRACTOR within seven (7) business days from the date of completion of the services. CONTRACTOR shall then have seven (7) business days to repair or correct such work at no additional cost to OWNER. OWNER S failure to properly notify CONTRACTOR in a timely manner of dissatisfaction with any work called for under this Agreement shall constitute a waiver of any claim OWNER may have in regard to the services rendered by CONTRACTOR under this Agreement. 4. TERM OF AGREEMENT: The term of this Agreement shall be for a period of twelve (12) months, beginning January 1, Page 4 of 11 Thursday, December 6, 2012

3 5. TERMINATION AGREEMENT: If for any reason CONTRACTOR or OWNER shall fail to fulfill in timely and proper manner its obligations under this Agreement, CONTRACTOR or OWNER shall have the right to terminate the Agreement by giving thirty (30) days written notice to either party of such termination via certified mail. 6. LANDSCAPE MANAGEMENT INSPECTION: OWNER or its designated agent may, upon request, require CONTRACTOR to inspect the property with OWNER, or its designated agent for the purpose of reviewing the performance of maintenance services. 7. LANDSCAPE MAINTENANCE TASK FREQUENCY: All items and services listed on the Specifications of Service and Task Frequency Schedule shall be performed in the frequency specified. If the CONTRACTOR does not perform any item or service listed, the unit cost, as agreed upon by OWNER and CONTRACTOR for that item, will be deducted from that month s billing. 8. MODIFICATION OF CONTRACT: This Agreement may not be modified, except in writing and signed by authorized agents for both OWNER and CONTRACTOR. 9. EVIDENCE OF INSURANCE: Certificates of Insurance issued by the insurance carrier will be furnished to the OWNER prior to CONTRACTOR commencing any work. 10. ACTS OF GOD: Notwithstanding anything above to the contrary, in the event that the performance of CONTRACTOR of its service hereunder is interrupted or delayed by extenuating circumstance beyond human control, such as acts of God (rain, freeze, flood, hurricane, war, riots, etc.), the CONTRACTOR shall be excused from providing such services prescribed in the Agreement for such a period of time as is reasonably necessary after such occurrence to remedy the effect thereof. 11. MISCELLANEOUS PROVISIONS: A. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and under all obligations of the parties created hereunder are performable in Galveston County, Texas. B. Authorization. All persons who execute this Agreement have been duly authorized by all requisite action, and the execution of this Agreement by such person constitutes the legal, valid and binding obligation of OWNER and CONTRACTOR. C. Prior Agreements Superseded. This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. EXECUTED by the parties hereto on the day and year first above written. OWNER: CONTRACTOR: Signed by: Signed by: PART 1: GENERAL SCOPE EXHIBIT A LANDSCAPE MAINTENANCE CONTRACT Request for Proposal Perform all work necessary utilizing accepted horticultural practices for the exterior landscape maintenance of the property as required herein. Such work includes, but is not limited to the following: 1. Mowing, edging and trimming of lawn area. 2. Pruning, trimming and/or shearing of plant materials. 3. Weeding, cultivation and cleaning of planting beds and tree rings. 4. Application of fertilizers, insecticides and herbicides by a licensed pesticide operator. 5. Maintenance of irrigation systems. 6. General site cleanup; removal of all existing trash and by-products of maintenance in landscape areas and contiguous pavement, removal of bandit signs. 7. Identification of dead or diseased turf, trees, or other plant material for treatment, replacement, or removal. Extra Services: 1. All services not covered under this Contract shall be considered extra services and will be charged for separately according to the nature of the item of work. 2.Such work may include by-products of vandalism or other site-related work..1 INTENT OF CONTRACT It is the intent of the Contract to provide the Association with a property site that is attractive in appearance and to keep all plant material and lawns in a healthy and vigorous condition using accepted horticultural standards. 1.3 SCHEDULE All work under this Contract shall be performed in accordance with the Schedule included herein under Exhibit B Standard Services Schedule, unless consent and authorization for such schedule change has been received from the Association or its authorized representative prior to execution of the change. 1.4 CONTRACTOR S PERFORMANCE The Contractor shall perform all work required to fulfill the spirit and intent of the contract. The workmen shall be neat in appearance, perform their work in a professional manner, keep noise to a minimum and stage their work from a location on the site out of the way of the mainstream of the users. In general, the Contractor s presence on the site shall be as inconspicuous as possible..5 NEGLECT AND VANDALISM Turf, shrubs, trees or plants that are damaged or killed due to Contractor s operations, negligence or chemicals shall be replaced at no expense to the Association. If plant damage or death is caused by conditions beyond the Contractor s control, replacement shall be at the Associations expense. Sprinklers or structures damaged due to the Contractor s operations must be replaced by the Contractor promptly. Likewise, damage by others shall be immediately brought to the Association s attention. Any damage resulting from Contractor s neglect shall be corrected at the Contractor s expense. All damage to or thefts of landscaping not caused or allowed by the Contractor shall be corrected by the Contractor at the Association s expense upon receipt of written Page 5 Page 6 of 11 Thursday, December 6, 2012

4 authorization to proceed. Damage to or thefts of irrigation equipment not caused or allowed by the Contractor shall be corrected at the Association s expense, either by the Contractor or by a third party upon receipt of written authorization to proceed. Contractor shall notify Association, in writing, immediately of any damage, whether cause by vandalism or accident to medians, landscaped areas, or right-of-way. Repair of said damage shall be required in accordance with the terms and conditions of this contract under extra services. PART 2: EXECUTION Contractor is to notify the Association, in writing, of any dead plants material during the first year of maintenance in order to satisfy warranty requirement for said plant. Any plants lost due to neglect of maintenance by Contractor shall be replaced by the Contractor at Contractor s cost. 2.1 LANDSCAPE IRRIGATION SYSTEM The Owner shall monitor and program the automatic controlling devices to ensure optimum moisture levels in all planted areas. plant needs. Contractor will notify Association if alternative ratio is recommended and will receive approval from Association prior to application. Edge and weed all shrub beds in accordance with schedule. Shrub beds are to be weed free. Pruning of shrubs should create a uniformly dense plant. Prune to enhance branching effect of plants. Where shrub mass effect is desired, selectively prune shrubs. Any plant material located in the vicinity of signage should be maintained to keep maximum visibility of signage. Remove all tree suckers. The rings around the trees will be kept intact for watering purposes. The herbicide Round up or equivalent will be used in the tree balls for control of weeds on an as needed basis in order to maintain a weed free tree ring. Tree mulch shall be refurbished in March and October with the requirement that the Contractor adhere to industry-standard best practices for applying mulch to trees. Specifically, the Contractor must ensure that mulch is not applied directly against the tree trunks or in any other manor that is counter to proper tree health maintenance. Routine sprinkler repairs such as cleaning around heads or damage caused by Contractor shall be Contractor s responsibility. All other irrigation system repairs shall be at Owner s expense. Repairs shall be made under the supervision of a licensed irrigator. Contractor will answer emergency calls regarding landscape irrigation system failure or need of repairs within 24 hours of the first call to repair the system. Depending upon the severity of the malfunction, contractor will come immediately to repair the system or wait, but Contractor must show up within 24 hours from the first call. If Contractor does not show up after the 24 hours from the first call, Association may have the malfunction repaired by others. (g) (h).3 TURF MAINTENANCE Prune crepe myrtle in the early spring. Crepe myrtle pruning should be light, designed to remove seedpods, dead or damaged limbs, and to shape tree only. Heavy pruning of crepe myrtle is not acceptable. Ivy or other vines will be prevented from infesting trees or covering entry walls, fencing and signage. Trim all trees along streets and sidewalks to maintain an 8-ft. minimum clearance above the surface. Sprinklers or structures that are damaged or lost due to Contractor s operations or lack of operations must be replaced by the Contractor promptly at Contractor s expense. All damage to the irrigation system caused by vandalism or by others shall be corrected by the Contractor, as an extra service, at the Associations expense upon receipt of written authorization to proceed. On request, Contractor will submit an irrigation inspection report detailing the following activities: 1. Irrigation check, noting any malfunctions of controllers, zone valves, or sprinkler heads. 2. Recommended Irrigation repairs, noting station number and location of repair estimated cost of the repair, and the possible reason for failure. 3. Damages noted due to vandalism or mower damages. The report will tie into a map of the property which numbers controller and indicates the location and coverage areas of each. This inspection report will be required twice per year. Additional inspection reports will be an extra expense to the Owner. 2.2 TREES, SHRUB BEDS AND HEDGE MAINTENANCE Fertilize per Exhibit B as follows: Crepe Myrtle, yaupon, shrub and flowerbeds: Surface application to all plant/beds with an appropriate fertilizer 2 times per year at an appropriate ratio based on the season and Mowing: During periods of cooling weather, mow at 1 ½, but during hot weather, the cut should not be lower then 2 from the soil. Never scalp the lawn or cut more than one half of the existing top growth in one mowing. Fertilization: Fertilize lawns 3 times annually with appropriate ratio fertilizer. Contractor is to notify Association one week prior to treatment. Contractor will notify Association if alternate ratio is recommended and will receive approval from Association prior to applications. Apply pre-emergent twice per year. Apply the proper fungicide, herbicide and pesticide for control of pests, weeds and diseases on turf, plant, and all trees..4 USE OF HERBICIDES AND INSECTICIDES Contractor is hereby granted permission to use such herbicides and insecticides as deemed advantageous in its ground maintenance activities. Herbicides and insecticides must be used responsibility and in conformance with Federal, State and Local laws and regulations, and by a licensed chemical operator. Contractor assumes all liability for damage and/or injury resulting from accident or misuse of these products and/or equipment. Association retains the right to prohibit the use of any herbicide or insecticide that he may judge to be undesirable for any reason. Page 7 Page 8

5 Products leaving an undesirable residue or odor (i.e., weed oil) shall not be used. (h) Remove any bandit signs from the medians, greenbelts, and park areas. (g) (h) Association shall be notified prior to application and advised of any danger associated with the use of these products. Weed Control: Contractor shall use extreme care in the use of chemicals for weed control. Before such applications are made, the turf should be well established and in a vigorous condition. All grass growing through pavements and pavement joints shall be removed using chemical or machine methods. Both pre and post-emergent chemical applications will be used. Broadleaf and sticker turf weeds will be controlled. A minimum of two MSMA treatments will be scheduled for areas with Bermuda turf, including dye markers. Insects: Control insects with regular application of commercial insecticides at the manufacturer s recommended rate. Apply insecticides as needed to protect all plant material from damage. The insect control program shall include slugs and snails and advance preventive spraying for twig borer, pine bark beetles, spider mites, aphids, scale, and mildew. Fire ants, grubs, chinch bugs, and oak worms controls shall be applied as needed. Diseases: When diseases first appear, spray for diseases with an approved commercial chemical strictly according to the manufacturer s recommendations. Apply chemical control where necessary until disease is eradicated. Brown patch, powdery mildew and leaf spot will be controlled. Contractor shall be responsible for the choosing of chemicals and insecticides he uses and shall be accountable for any misuse of same. Lindane or equal shall be used wherever necessary. Materials used in Park playground areas shall be compatible with playground use. Apply dormant oil to the trunks of all newly planted deciduous trees before bud break in the spring as a preventative measure. If insects appear, other than the ones mentioned in d throughout the year, apply the appropriate chemical under extra services. Association is to approve of treatment before application..6 SERVICE REPORTS Contractor is to submit a monthly maintenance report, detailing the following activities: Times mowed and areas mowed. Damages noted due to vandalism, mower damage, etc. Chemical control performed, noting the areas sprayed, chemicals used and type of pest or diseases treated. Any quality problems noted, including, but not limited to, disease, insect damage, irrigation needs, etc. Any work order item performed.7 QUALITY CONTROL Contractor will identify a primary contact to coordinate all performance aspects of this contract. This individual will provide service reports per schedule in Exhibit B and will ensure all services have been provided to maintain the property in accordance with paragraph 1.1 in Exhibit A..5 GENERAL CLEANUP Contractor shall dispose of all waste materials or refuse from his operations off the property (including dead animals/birds). All plant growth shall be prevented in any cracks in walks, medians, playground fall surface, or within paved areas. Storm sewer grates in parks are to be kept free of any debris. Leaves, papers, grass clippings or other debris shall be removed at least weekly or at each visit from all areas. Unusually heavy trash, such as unauthorized dumping, shall be reported to the Association. Association will have these items removed. Remove debris from all trash receptacles after each visit. This includes all trash receptacles located within the pavilion area, park, play areas and sitting areas. A plastic garbage bag is to be furnished for each trash receptacle per visit. (g) Clean entry signs by removing dirt, bandit signs, and grass clippings. Clean ground mounted light fixtures move debris away from lamp areas and clean lamps. Page 9 Page 10

6 EXHIBIT B LANDSCAPE MAINTENANCE CONTRACT FREQUENCY SCHEDULE & PRICING Month Jan Feb Mar April May June July August September October November December Landscape Maintenance 5 visits 5 visits 5 visits Annual Cost Tax Total Annual Cost $ $ $ Total 1) Frequency schedule is based on service day of? 2) Tax rate is to be League City rate 3) Authorized extra work as needed: A. Irrigation Repair: $?/ Hour B. Extra Labor: $?/ Man Hour With Hand Held Equipment $?/ Man Hour Without Equipment Page 11