988-36-55A Grounds Maintenance Rev. APRIL...

SPECIFICATION NO.

TxDOT 988-36-55A*

REVISED: APRIL 2016

Grounds Maintenance

PUBLICATION

This specification is a product of the Texas Department of Transportation (TxDOT). It is the practice of

TxDOT to support other entities by making this specification available through the National Institute of

Governmental Purchasing (NIGP). This specification may not be sold for profit or monetary gain. If this

specification is altered in any way, the header, and any and all references to TxDOT must be removed.

TxDOT does not assume nor accept any liability when this specification is used in the procurement

process by any other entity.

* This Specification Supersedes TxDOT Specification No. 988-36-55A, Revised April 2014.

1. SCOPE

This solicitation is for services to provide grounds maintenance for TxDOT locations identified on the solicitation.

2. DEFINITIONS OF TERMS AND ACRONYMS

2.1. ANSI – American National Standards Institute

2.2. FLSA – Fair Labor Standards Act

2.3. SS – Site Supervisor

2.4. POC – Point of contact

2.5. TxDOT – Texas Department of Transportation

3. APPLICABLE LAWS AND STANDARDS

The vendor shall provide the specified service requirements in accordance with all applicable federal, state and local laws, standards and regulations necessary to perform the services, including, but not limited to:

3.1. Texas Government Code (TGC) 612, Section 612.002 of Texas Statutes.

3.2. Code of Federal Regulations, 40 CFR – Protection of Environment, Chapter I: Subchapters D, I and N.

3.3. Texas Administrative code (TAC), Chapter 30, Subchapter D – Landscape Irrigators and Installers, Rules 30.111 through 30.129.

4. RESPONDENT QUALIFICATIONS

The respondent shall:

SPECIFICATION NO. TxDOT 988-36-55A REVISED: APRIL 2016

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4.1. Be a company or an individual engaged, or whose partners or participants or both are engaged in the business of providing grounds maintenance for a minimum of three years within the last five years. Recent start-up businesses do not meet the requirements of this solicitation. Grounds maintenance experience shall include but not be limited to:

4.1.1. Lawn mowing

4.1.2. Edging and Sweeping

4.1.3. Weeding

4.1.4. Hedge and Shrubs Trimming and Pruning

4.1.5. Tree Trimming and Pruning (Minor)

4.1.6. Mulching

4.1.7. Litter Pick-up

4.1.8. Fertilization – Use of chemicals (i.e. fertilizer, fungicide, pre-emergent herbicide and insecticide) as approved by designated TxDOT representative

4.1.9. Minor irrigation testing, maintenance and repair (i.e. replace sprinkler heads) (Ref. Para. 9.10.2.).

NOTE: A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has that history or expertise. Two companies are affiliated if the two companies have a common parent company or if one is the parent or subsidiary of the other.

4.2. Be in good financial standing and current in payment of all taxes and fees such as state franchise fees. TxDOT reserves the right to request a copy of the respondent’s audited or un-audited financial statement. TxDOT may request a statement from the president, owner or financial officer on company letterhead certifying that the company is in good financial standing and current in payment of all taxes and fees. When financial statements are requested, TxDOT will review the respondent's audited or un-audited financial statement in accordance with Texas Government Code, Title 10, Subtitle D, Section 2156.007 to evaluate the sufficiency of the respondent's financial resources and ability to perform the contract or provide the service required in the solicitation. TxDOT will be the sole judge in determining the sufficiency of the respondent's financial resources and ability to provide the service. Factors to be reviewed include:

4.2.1. Balance sheets

4.2.2. Net working capital

4.2.3. Current asset ratio



4.2.4. Liquidity ratio

4.2.5. Auditor(s) notes

4.2.6. Any notes to the financial statements

5. RESPONDENT REFERENCES

The respondent should submit a minimum of three references to substantiate the qualifications and experience requirements for similar services completed for three years within the past five years. References shall illustrate respondent’s ability to provide the services outlined in the specification. References shall include name, point of contact, telephone number and dates services were performed. The response may be disqualified if TxDOT is unable to verify qualification and experience requirements from the respondent’s references. The response may be disqualified if TxDOT receives negative responses. TxDOT will be the sole judge of references.

6. KEY PERSONNEL QUALIFICATIONS

The respondent shall provide the following key personnel:

6.1. SITE SUPERVISOR: The SS shall: Have a minimum of three years’ experience within the last five years in providing oversight of grounds maintenance services and in managing assigned personnel working on grounds maintenance projects or similar services.

6.2. TEAM MEMBERS: Team members with a minimum of six months’ experience within the last year in providing grounds maintenance services.

6.3. All personnel driving to and from the TxDOT work locations shall:

6.3.1. Possess a valid Driver License acceptable in the state of Texas.

6.3.2. Have no Driving Under Influence (DUI) or Driving While Intoxicated (DWI) incidents on driving record within the past three years.

6.3.3. Have no more than two moving violations on driving record within the past three years.

7. VENDOR REQUIREMENTS

The vendor shall:

7.1. Adhere to the TxDOT Terms and Conditions identified on the solicitation.

7.2. Begin work within 15 calendar days after award of purchase order, upon an approved Grounds Maintenance monthly schedule, or on a mutually agreed to date between TxDOT and the vendor.

7.3. Not mow on Ozone Action days in non-attainment areas as designated by the Texas Commission on Environmental Quality (TCEQ), referenced at this link: http://drivecleantexas.org/nine.php.



7.4. Provide all labor, tools, rubber boots, gloves, bags, materials, chemicals (i.e. all fertilizer, herbicide, mulch, fungicide, insecticides) including incidentals necessary to perform and meet the service requirements throughout the term of the purchase order.

7.5. Provide Safety Data Sheets to the designated TxDOT representative prior to any type of chemical usage on TxDOT premises.

7.6. Provide services in accordance with Para. 9. and Attachment A – Grounds Maintenance Schedule.

7.7. Provide a primary point of contact.

7.8. Have the SS at the job at all times while work is performed.

7.9. Ensure SS inspects the grounds with the designated TxDOT representative upon request.

7.10. Submit a tentative monthly grounds maintenance schedule to the designated TxDOT representative for review at the post award meeting (Ref. Para. 26.). A final monthly grounds maintenance schedule shall be submitted within three days after post award meeting. The monthly schedule shall coincide with the frequency shown on Attachment A – Grounds Maintenance Schedule.

8. RESPONDENT PERSONNEL REQUIREMENTS

8.1. The SS’s primary responsibility shall be the day-to-day operation of the service in accordance with the requirements of the purchase order.

8.2. The SS shall:

8.2.1. Be a permanent staff employee and shall serve as the primary point of contact for TxDOT.

8.2.2. Be responsible for maintaining continuous awareness of the quality and completeness of the work performed by the vendor’s employees through personal inspection of the premises on a daily basis in accordance with the Grounds Maintenance Schedule on Attachment A.

8.2.3. Be required to inspect work areas on TxDOT premises with the designated TxDOT representative.

8.2.4. Have the knowledge to develop and implement the service requirements in this solicitation.

8.2.5. Be fluent in English with the ability to receive, give, and understand written and oral instructions.

8.2.6. Not be disruptive or use personal multi-media devices while performing services for TxDOT unless furnished by the vendor to facilitate communication with TxDOT or the vendor.



9. SERVICE REQUIREMENTS

The vendor shall:

9.1. Perform work monthly by the cycle. A cycle may include, but not be limited to, mowing, edging, litter pick-up (removal and disposal), leaves (sweeping, blowing, removal and disposal), weeding of flower beds, hedge and shrub trimming (Ref. Attachment A – Grounds Maintenance Schedule).

9.2. Once an item of work has begun, proceed until all work has been completed to the satisfaction of the designated TxDOT representative.

9.3. Not use any TxDOT trash containers to dump lawn clippings, leaves, tree limbs, shrubs, debris and litter without the approval of the designated TxDOT representative.

9.4. MOWING: The vendor shall:

9.4.1. Plan work to be completed in one day. If unable to complete, continue the next work day until the cycle service requirements have been completed.

9.4.2. Not mow when the designated TxDOT representative has determined soil and inclement weather conditions are such that the sections will be rutted or damaged.

9.4.3. Mow to the height at TxDOT facilities specified by the TxDOT representative.

9.4.4. Mow as close as possible to all fixed objects and appurtenances (signs, culverts, headwalls, trees, slabs and buildings) exercising extreme care not to damage trees or other appurtenances which are part of the facility.

9.5. EDGING: The vendor shall:

9.5.1. Edge and sweep walkways, entrances and curbs during each mowing cycle.

9.5.2. Perform strip edging and hand trim around all beds, trees, sign posts, buildings, fences and irrigation heads and irrigation controls during each mowing cycle.

9.6. LITTER PICK UP AND DISPOSAL: The vendor shall pick up, remove and dispose of all accumulated litter and debris from all sections. This shall be done before and after each mowing cycle or as requested by the designated TxDOT representative. All litter shall be disposed of in accordance with all applicable laws and standards.

9.7. LEAVES: The vendor shall blow, sweep and dispose of leaves from the buildings’ sidewalks and parking lots. All leaves shall be disposed of in accordance with all applicable laws and standards.

9.8. FLOWER BEDS, HEDGES, AND SHRUBS: The vendor shall:

9.8.1. Remove all weeds by hand in flower beds. All beds shall be 95 percent weed free after each weeding.

9.8.2. Trim and prune hedges and shrubs to maintain a neat appearance.



9.9. TREE TRIMMING AND PRUNING: The vendor shall:

9.9.1. Provide minor tree trimming and pruning services on limbs 3 inches or less in diameter.

9.9.2. Disinfect cutting equipment prior to use and between each individual oak.

9.9.3. Remove and dispose of all oak or diseased cuttings and clippings from TxDOT site in accordance with applicable state and local statutes.

9.9.4. Remove and dispose of tree debris from TxDOT site.

9.9.5. Mulch and spread out other cuttings at designated locations as requested by the designated TxDOT representative.

9.10. IRRIGATION TESTING, MAINTENANCE AND REPAIR: The vendor shall:

9.10.1. Complete service in accordance with Texas Administrative Code, Chapter 30, Subchapter D: Landscape Irrigators and Installers, Rules 30.11 through 30.129.

9.10.2. Test all irrigation systems in all designated sections before and after mowing cycles. Notify designated TxDOT representative of any problems (i.e. sprinkler heads, sprinkler sprays) or other minor parts that need replacing.

9.11. CHEMICALS FOR DESIGNATED SECTIONS: The vendor shall:

9.11.1. Obtain approval from the designated TxDOT representative prior to purchase and application of chemicals.

9.11.2. Be responsible for applying fertilizers, fungicide, pre-emergent herbicide and insecticides in designated sections, unless otherwise directed by the designated TxDOT representative. Vendor shall:

9.11.2.1. Apply appropriate fertilizers recommended for the season and plants involved.

9.11.2.2. Not use a pre-emergent herbicide without TxDOT’s approval.

9.11.2.3. Apply herbicides to control weeds and spray in cracks on sidewalks and parking lots to control weed growth.

9.11.2.4. Apply insecticides to control plant infestations and plant insects in sections as identified by the designated TxDOT representative.

9.12. MULCHING: The vendor shall mulch all designated beds to a depth of 2 to 3 inches or as mutually agreed to by the vendor and the TxDOT representative. Vendor shall provide the mulch.

9.13. PARKING LOTS AND SIDEWALKS: The vendor shall sweep or blow clean mowing debris, litter, dirt and other material from parking lots, curbs, and sidewalks as requested by the designated TxDOT representative.



9.14. The vendor shall:

9.14.1. Make minor repairs or replace any irrigation equipment damaged due to vendor’s negligence.

9.14.2. Replace any damaged plants due to vendor’s negligence. Replace plants with the same type and size at vendor’s expense and as approved by the designated TxDOT representative.

9.14.3. Correct any defective work or damages to any part of the grounds within 24 hours, when caused by the vendor’s employees, subcontractors, equipment or supplies. If the vendor fails to proceed promptly with corrective action, TxDOT may withhold payment at any amount necessary to correct all defective work or damages or, at TxDOT discretion, terminate the purchase order for cause.

10. LOCATION(S)

Location(s) of facilities are specified on the solicitation. TxDOT reserves the right to add or delete facilities serviced under the purchase order. TxDOT will provide ten business days’ written notice to the vendor for facilities to be deleted or of any additional facilities requiring service within the same area or region.

11. MATERIALS OR PARTS PRICING

If listed as a line item on the solicitation, vendor shall provide materials or parts necessary to complete work as allowed under the service requirements (Ref. Para. 9.). Provide a cost estimate to the designated TxDOT representative prior to purchasing materials or parts. Material or parts will be paid at actual cost plus the percentage mark-up as approved by the designated TxDOT representative.

12. MISCELLANEOUS SERVICES

TxDOT may at times require the vendor to perform miscellaneous services relating to and within the scope of grounds maintenance, such as, but not limited to, removing non-compacted bulk trash, pallets and tree limbs. The vendor shall perform these tasks on an as needed basis or as directed by the designated TxDOT representative. Vendor shall provide an estimate of the cost for any miscellaneous services requested by the designated TxDOT representative. TxDOT will make the determination if the estimate is reasonable and provide approval to proceed with repair. Miscellaneous services estimated over $5,000.00 per job shall not be performed under this purchase order. A separate purchase order will be issued for this service.

13. WARRANTY REQUIREMENTS

13.1. PERFORMANCE WARRANTY: Work performed under the purchase order shall meet all applicable standards and codes. The vendor shall guarantee all work included in the purchase order against any defects in workmanship; and shall satisfactorily correct, at no cost to TxDOT, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon date of acceptance by TxDOT.

13.2. MATERIAL WARRANTY: Materials provided under the purchase order shall be in current production, as offered to commercial trade, and shall be of quality material. Used, shopworn, demonstrator, prototype, reconditioned or discontinued materials are not acceptable.



Materials shall be warranted against material defects and defects in workmanship for a period of not less than 12 months and shall cover 100% parts and labor. The warranty period shall commence upon date of acceptance by TxDOT. If the manufacturer’s standard warranty period exceeds 12 months, then the standard warranty period shall be in effect. The vendor shall be ultimately responsible for the warranty. The vendor shall provide the designated TxDOT representative with all manufacturers’ warranty documents upon completion of service prior to leaving the job site.

14. VENDOR PERFORMANCE

Vendor performance will be monitored on a regular basis by TxDOT.

14.1. An unsatisfactory performance determination includes, but is not limited to:

14.1.1. One service “call back” to correct the same problem within five business days.

14.1.2. Discrepancies identified by the designated TxDOT representative and discussed with the vendor not resolved within 24 hours.

14.1.3. Repetitive violations of the specifications, terms and conditions of the purchase order will not be tolerated and may result in termination of the purchase order.

NOTE: Unsatisfactory performance may result in a negative vendor performance report, or

cancellation of the purchase order or both.

14.2. An exceptional performance determination includes, but is not limited to:

14.2.1. Additional services suggested and accepted at no additional cost to TxDOT.

14.2.2. Vendor commended for exceptional customer service, exceptional service provided.

NOTE: Exceptional performance may result in a positive vendor performance report.

15. BUILDING RESTRICTIONS

15.1. PARKING: The vendor shall make arrangements with the designated TxDOT representative prior to off-loading tools and equipment at the job site. The vendor shall park only in spaces assigned by the designated TxDOT representative.

15.2. RESTROOMS: Restrooms shall not be used for washing of tools and equipment. The designated TxDOT representative will designate a location for cleaning equipment.

15.3. SECURITY: The vendor shall provide an updated list of all vendor personnel or subcontractors at each job site and comply with all security measures required by TxDOT.

15.4. ACCESS: The vendor shall make prior arrangements with the designated TxDOT representative for access to the building(s) for performance of the service.



16. PERSONNEL CONTINUITY AND REPLACEMENT

16.1. TxDOT recognizes that events beyond the control of the vendor such as the death, physical or mental incapacity, long-term illness, or the voluntary termination of employment of the PM will require the vendor propose a replacement. In the event such a replacement is necessary, vendor agrees that personnel shall not begin work on the project without prior written approval from TxDOT.

16.2. The SS shall remain available for the entire term of the purchase order as long as that individual is employed by the vendor.

16.3. If TxDOT determines the SS or a team member is unable to perform in accordance with the service requirements or to communicate effectively, the vendor shall immediately remove that person.

16.4. Proposed replacement personnel shall meet minimum qualifications and have experience comparable to the person(s) being replaced. Replacement personnel shall be provided at no additional cost to TxDOT. Resume(s) and reference(s) may be requested for the proposed replacement(s). TxDOT may reject any replacement if references or past working performance is questionable or unfavorable. TxDOT will be the sole judge of the qualifications of the proposed replacement personnel.

17. VENDOR PERSONNEL SAFETY

The vendor shall provide all required safety equipment and instruct personnel to observe all safety policies, rules and requirements at all times, including, but not limited to, hard hats, safety shoes, safety vests, and goggles needed to perform the job in a safe manner.

18. WORK HOURS

Regular work hours for performance of the service are defined in the TxDOT Terms and Conditions identified on the solicitation or as mutually agreed to between the vendor and the designated TxDOT representative.

19. SUBCONTRACTING

19.1. Subcontractors providing service under the purchase order shall meet the same qualifications and service requirements and provide the same quality of service required of the vendor.

19.2. No subcontract under the purchase order shall relieve the primary vendor of responsibility for the services.

19.3. The vendor shall be the primary contact for TxDOT and subcontractor(s).

19.4. The vendor shall manage all quality and performance, project management, and schedules for subcontractors. The vendor shall be held solely responsible and accountable for the completion of all work for which the vendor has subcontracted.

19.5. TxDOT retains the right to check subcontractor’s background and make a determination to approve or reject the use of submitted subcontractor(s). Any negative responses may result in disqualification of the subcontractor.



19.6. TxDOT reserves the right to request the removal of vendor’s subcontractor staff deemed unsatisfactory by TxDOT.

19.7. Subcontracting shall be at the vendor’s expense.

19.8. During the term of the purchase order, if the vendor determines a need for a subcontractor change, TxDOT shall be notified in writing by the vendor within ten calendar days of any proposed change. The vendor shall be required to provide references and work history for any proposed subcontractor to TxDOT. No change will be allowed without written authorization by TxDOT.

19.9. SOLICITATIONS OVER $100,000: TxDOT will make an initial determination of whether subcontracting is probable. If TxDOT has determined that subcontracting opportunities are probable, the class and items in which HUBs may be registered will be noted in the solicitation along with the required forms and instructions. Responses that do not include a completed HUB Subcontracting Plan as indicated on the solicitation shall be rejected pursuant to Texas Government Code §2161.252(B).

20. TRAVEL

20.1. All travel and per diem shall be included in the unit price.

20.2. Actual travel time from the vendor’s location or vendor employee’s home to and from the work location is not reimbursable under the purchase order.

21. INVOICING INSTRUCTIONS

The vendor shall provide:

21.1. ORIGINAL INVOICE: A comprehensive and detailed invoice with reference to the line item on the purchase order for each item charged. The original invoice shall be e-mailed to the e-mail address indicated on the purchase order to ensure timely payment and shall include the following:

21.1.1. Complete purchase order number.

21.1.2. Vendor Federal Employer Identification Number (EIN).

21.1.3. Vendor name, remit-to address and telephone number.

21.1.4. Date and time of service.

21.1.5. Location of service.

21.1.6. Invoice number.

21.1.7. Labor hours and rates detailed on each vendor invoice.

21.1.8. Itemization and description of the work performed with dates services were performed.



NOTE: Invoices requiring correction shall be re-submitted with a new invoice date.

21.2. COPY OF INVOICE AND SUPPORTING DOCUMENTATION: A copy of the invoice and original supporting documentation that validates the invoice charges shall be e-mailed to the designated TxDOT representative to include but not be limited to:

21.2.1. Copies of invoices from subcontractors or other entities to which vendor has made payment and requires reimbursement from TxDOT as agreed to in the purchase order.

22. PAYMENT REQUIREMENTS

No payment will be made for official state holidays (unless otherwise approved by the designated TxDOT representative), lunch hour, illness, or any time when work is not actually performed. No payment will be made for time associated with the late arrival or early departure of the vendor’s personnel from the designated work location.

23. TxDOT RESPONSIBILITIES

TxDOT will:

23.1. Provide a contract manager as the point of contact.

23.2. Inspect the vendor’s work performance during the day to ensure it meets the service requirements.

23.3. Coordinate and determine the date, area selection, and item(s) of work (Ref. Attachment A – Grounds Maintenance Schedule.).

24. RESPONSE SUBMISSION

24.1. The following shall be submitted with the response. Failure by the respondent to submit the documentation listed below will disqualify the respondent from further consideration:

24.1.1. Original, signed, dated, and completed Invitation For Bid (IFB)

24.1.2. Schedule 1 – Respondent Personnel Qualifications and References

24.1.3. Schedule 2 – Key Personnel Qualifications and References

24.1.4. HUB Subcontracting Plan (This requirement is stated on the IFB if applicable.)

24.2. The following should be submitted with the response. Failure by the respondent to submit the documentation listed below may disqualify the respondent from further consideration.

24.2.1. Respondent References

25. AWARD

25.1. TxDOT reserves the right to award a single purchase order to the most responsive, responsible respondent meeting the specification. TxDOT may award to a single vendor, multiple vendors, or use any combination that best serves the interest of TxDOT.



25.2. TYPES OF AWARD

25.2.1. Single Award: One purchase order awarded to a single vendor.

25.2.2. Multiple Award: A multiple award is the award of multiple purchase orders for the same line item(s) from a single solicitation to two or more vendors to provide the same or similar goods or services.

25.2.3. Split Award: Award of separate line items on a single solicitation to different vendors resulting in two or more purchase orders.

26. POST AWARD MEETING

Vendor(s) shall be required to attend a post award meeting in person or via teleconference with TxDOT within ten calendar days after the award of the purchase order. The purpose of the meeting is to discuss the terms and conditions of the purchase order and to provide additional information regarding the purchase order.

27. CONTRACT ADMINISTRATION

Administration of the purchase order is the responsibility of TxDOT. TxDOT Purchasing Section staff will be responsible for administering the contractual business relationship with the vendor.

27.1. Any proposed changes to work to be performed, whether initiated by TxDOT or the vendor, must receive final written approval in the form of a purchase order change notice signed by the authorized TxDOT purchasing agent.

27.2. Upon issuance of purchase order, TxDOT will designate an individual to serve as the Contract Manager and point of contact between TxDOT and the vendor. The Contract Manager does not have any express or implied authority to vary the terms of the purchase order, amend the purchase order in any way or waive strict performance of the terms or conditions of the purchase order. This individual’s contract management and contract administration responsibilities include, but are not limited to:

27.2.1. Monitoring the vendor’s progress and performance and ensuring services conform to established specification requirements.

27.2.2. Managing the financial aspects of the contract including approval of payments.

27.2.3. Meeting with the vendor as needed to review progress, discuss problems, and consider necessary action.

27.2.4. Identifying a breach of contract by assessing the difference between contract performance and non-performance.

27.2.5. Other areas as identified by the Comptroller of Public Accounts Contract Management Guide, latest edition.

988-36-55A Grounds Maintenance Rev. APRIL...

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