PCS 137 - SERVICES

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Cecile E. Young, Executive Commissioner

Invitation for Bids (IFB) for

Scheduled lawn & as-needed tree services for Austin State Supported Living Center

IFB No. HHS0016150_V2

NIGP Class/Item No(s): 988/36: Grounds & Roadside Maintenance: Mowing, Edging, Plant, Not Tree Trimming, etc. 988/88: Tree Trimming & Pruning Services 988/02:

Arborists Services

Procurement Schedule - All Times are Central Time Reference Section 2 for further information

IFB Date Posted to ESBD November 07, 2025

Mandatory On-Site Visit November 12, at 10:00 AM

Mandatory On-Site Visit November 13, at 10:00 AM

Questions or Clarifications Submission Deadline November 17, 2025, by 12:00PM

Responses to Questions or Clarifications - Addendum posted on the ESBD November 18, 2025, by 5:00 PM

Courtesy Review of HUB Subcontracting Plan (HSP) Submission Deadline December 02, 2025, by 5:00 PM

Response Deadline: Responses to this IFB must be received December 10, 2025, by 10:30 AM

Anticipated Contract Start Date Date of Award

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Table of Contents

1.1 Authority

1.2 Historical Monetary Value

1.3 No Guarantee of Volume, Usage or Compensation

1.4 Negotiation, Exceptions or Assumptions

1.5 IFB Components

2 Procurement Schedule 3 Withdrawal or Amendment of Response 4 HHSC Overview 5 Definitions 6 General IFB Information

6.1 Sole Point of Contact and Communications

6.2 Exception to the Sole Point of Contact

6.3 Binding Offer Period

6.4 Costs Incurred

6.5 Changes, Modifications and Cancellation

6.6 Ambiguity, Conflict, Discrepancy

6.7 IFB Questions or Clarifications

6.8 Notification of Addenda or Cancellation

7 Scope of Work (SOW)

7.1 Scope of Services to be Performed

8 HUB Subcontracting Plan (HSP) Requirements

8.1 HUB Subcontracting Plan (HSP)

8.2 Courtesy Review of HSP

9 Pricing Information

9.1 Pricing Structure

9.2 Price Adjustments

10 Changes to The Contract 11 Contract Term

11.1 Term of Contract

11.2 Initial Contract Term:

11.3 Renewal Option(s)

11.4 Extension Option

12 Contract Administration/ Purchase Order Administration

12.1 Contract Manager/Program Lead

12.2 Performed Services Monitoring

12.3 Performance Reporting

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12.4 Contractor Response to Notification of Non-Material Deficiency

12.5 Corrective Action Plan (The Plan)

12.6 Performance Issues

12.7 Public Information Act – Bidder Requirements Regarding Disclosure

12.8 Bidder Waiver – Intellectual Property

13 Invoicing and Payment

13.1 Bill-to Address

13.2 Invoice Information

13.3 Payment

13.4 Invoice Submission

13.5 Disputed Invoice(s)

14 Insurance Requirements

14.1 Specific Insurance Requirements

14.2 Alternative Insurability

15 Screening of Responses

15.1 Administrative Screening

15.2 Irregularities

16 Evaluation

16.1 Evaluation of Responses

16.2 Conformance with State Law for Evaluation

16.3 Specific Evaluation Criteria

17 Award 18 Standards of Conduct for Vendors 19 Disclosure of Interested Parties 20 Protest Procedures Appendix A – Submission Instructions and Response Checklist

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Introduction and Purpose of IFB

The Texas Health and Human Services Commission (HHSC) is an agency within the Texas Health and Human Services (HHS) system. The Procurement and Contracting Services (PCS) division of HHSC administers IFBs for HHS.

HHSC PCS is seeking competitive bids to establish contract(s) for as needed tree care, trimming and arborist services as well as scheduled lawncare services for the Austin State Supported Living Center (AuSSLC).

Both HHS Agencies, HHSC and DSHS, will be entitled to use any contract awarded as a result of this IFB.

To be considered for award, Bidders must submit a comprehensive Response which includes all required information and documentation as outlined in this IFB to ensure the Bidder meets all requirements, possesses the required experience and qualifications, and has the capacity to provide the services described in this IFB. See Appendix A, Submission Instructions and Response Checklist.

1.1 Authority

HHSC is soliciting the services stated in this IFB under Texas Government Code 2156.063 Solicitation of Bids.

1.2 Historical Monetary Value

Historical spend for the same or similar services is $90,000.00 for the period September 1, 2024, to August 31, 2025.

1.3 No Guarantee of Volume, Usage or Compensation

HHS Agency does not guarantee any volume, usage, or compensation to be paid to any Contractor under any Contract resulting from this IFB. Additionally, all HHS Agency contracts are subject to appropriations, the availability of funds, and termination.

The estimated historical spend included in Section 1.2 is provided only as a guideline for preparing the pricing response and should not be construed as representing anticipated or actual quantities that will be required.

1.4 Negotiation, Exceptions or Assumptions

Negotiations are prohibited under the IFB procurement method under most circumstances, and even then, the scope of permissible negotiations is limited and may not result in a material change to the scope of work or specifications as advertised in this IFB.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2156.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2156.htm

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Bidders should NOT submit exceptions to this IFB which could result in disqualification of a Response. No changes to a Response can be made after the submission deadline.

No assumptions should be included in a Response. The inclusion of assumptions could result in disqualification of a Response. Instead, a Bidder should advance assumptions and seek clarification of a section of this IFB, any Exhibits or attachments, in the form and manner required in Section 6.7 IFB Questions or Clarifications.

1.5 IFB Components

This IFB includes the following items:

• PCS 137 IFB (this document)

• Exhibit A – HHS Solicitation Affirmations

• Exhibit B – PCS 111-Contract Affirmations and HHS Uniform Terms and Conditions (UTCs)

• Exhibit C – Pricing Sheet

• Exhibit D – Bidder Reference and Contractor Qualifications Form

• Exhibit E - HHS Online Bid Room Information

• Exhibit F – Historically Underutilized Business (HUB) Subcontracting Plan (HSP) and Requirements

2 Procurement Schedule The Procurement Schedule dates on the cover page of this IFB are subject to change. HHSC reserves the right to modify these dates at any time by issuing an addendum. Any events listed in the Procurement Schedule after the Response Deadline will occur at the discretion of HHSC.

Responses must be received by HHSC prior to the Response Deadline as indicated in the Procurement Schedule. Every Bidder is solely responsible for ensuring its Response is received by HHSC before the Response Deadline in accordance with all requirements regarding submission. HHSC is not responsible for lost, misdirected or late Responses.

By submitting a Response, the Bidder represents and warrants that the individual submitting the Response, inclusive of the documents made part of the Response, is authorized to sign on behalf of the Bidder, and to bind the Bidder under any Contract that may result from this IFB.

3 Withdrawal or Amendment of Response Bidders may withdraw or amend their Responses at any time prior to the Response Deadline by e-mailing the point of contact listed in Section 6.1 (Sole Point of Contact and Communications).

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The e-mail subject line for withdrawal or response amendment should contain the IFB number as indicated on the cover page of this IFB. The Bidder is solely responsible for ensuring the email is received by HHSC before the Response Deadline. HHSC is not responsible for lost or misdirected e-mails.

4 HHSC Overview The Health and Human Services Commission (HHSC) was created in 1991 to oversee and coordinate the planning and delivery of health and human services in Texas. It is established pursuant to Chapter 531, Texas Government Code and is responsible for oversight of Texas Health and Human Services agencies.

PCS administers the procurement process, which includes IFB announcement and publication, Bidder communications, receipt of Responses, screening of timely received responses, and facilitating the evaluation of qualified Responses. PCS, in coordination with each HHS program, manages the execution of the award, through issuance of Purchase Order(s) or other Contract document, resulting from this IFB.

5 Definitions Unless the context clearly indicates otherwise, throughout this IFB, the definition given to a term below applies whenever the term appears in this IFB, in any Response (Bid) submitted in response to this IFB, and in any Contract awarded as a result of this IFB. All other terms have their ordinary and common meaning.

a) Addendum – A written clarification or revision to this IFB issued by HHSC.

b) Bidder – The entity or individual that submits a response to this IFB. Includes anyone acting on behalf of the entity or individual that submits a response, such as an agent, employee, or representative. See also Respondent below.

c) Contract –The signed Purchase Order or Signature Document, the Uniform Terms and Conditions, Affirmations, along with any Attachments, Exhibits and any Amendments, purchase orders, or Work Orders that may be issued by HHSC, to be incorporated by reference for all purposes as a result of this IFB.

d) Contractor - Each Bidder, business entity or individual, if any, awarded a Purchase Order or other Contract to provide the services or goods as a result of this IFB.

e) Contract Term – The period of time during which the Purchase Order or Contract is in effect from the start date through the end date and may include renewal or extension periods.

f) Debarment – An exclusion from contracting or subcontracting with state agencies on the basis of cause pursuant to Title 34, Part 1, Chapter 20, Subchapter G of the Texas Administrative Code, and the Federal System for Award Management (SAM).

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.531.htm

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g) Deliverables – The services or goods specified in this IFB and any resulting Contract that the Contractor shall perform or deliver to the HHS Agency.

h) Electronic State Business Daily (ESBD) - The electronic online directory, administered by the Comptroller of Public Accounts, Statewide Procurement Division (SPD), for publishing procurement opportunities which exceed $25,000 in total estimated value and for providing public notice of contract awards. The ESBD may be accessed through the CPA web site at: https://www.txsmartbuy.com/esbd.

Note: The Texas Comptroller of Public Accounts (CPA) recommends utilizing Google Chrome when navigating CPA websites.

i) Exhibit – A document, included as an attachment to this IFB, which provides terms and conditions, additional requirements and information related to this IFB.

j) HHS Agency - HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under state law and the officers, employees, authorized representatives, and designees of those agencies. These agencies include: HHSC and the Department of State Health Services (DSHS), separately or combined. May also be referred to as System Agency.

k) IFB - This document, including all exhibits, attachments, appendices, or Addenda (if applicable). May also be referred to as Invitation for Bids.

l) NIGP (The National Institute of Governmental Purchasing (NIGP) Commodity Book) – The Class-Item numbering and descriptions used by state agencies to properly code services or products for a procurement.

m) Purchase Order – A legally enforceable agreement issued by HHSC indicating types, quantities, and agreed pricing for services and goods the Contractor will provide under any Contract resulting from this IFB.

n) Response – All information and materials submitted by a Bidder in response to this IFB.

May also be referred to as Bid or Bid Response.

o) Respondent – A term interchangeable with Bidder.

p) Scope of Work – The description of requirements, services, specifications for goods which may be required, and deliverables as provided in this IFB and any resulting Contract which the Contractor is required to provide.

q) Subcontractor - Any entity or individual that enters into a contract with the Contractor to perform part or all of the obligations of the Contractor under the Contract.

r) Texas Identification Number (TIN) – The 11-digit identification number set up through the Texas Comptroller of Public Accounts which is required for any entity or individual to receive payment under a Contract with the State of Texas. Also known as Texas Payee ID Number. Further information regarding this number may be accessed via the CPA Fiscal Management TexPayment Resource web page at:

http://www.txsmartbuy.com/sp https://www.txsmartbuy.com/esbd

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s) Unit of Measure – The set unit of measure (UOM), included on the Pricing Sheet, used for payment of the services under the Contract or Purchase Order. May be hourly, daily, weekly, monthly, etc.

t) Unit Rate – The set rate per the unit of measure (UOM) used for payment of the services, included on the Price Sheet, under the Contract or Purchase Order. May be hourly, daily, weekly, monthly, etc.

u) Vendor – A business entity or individual that supplies services or goods and may be a potential Bidder to this IFB.

6 General IFB Information

6.1 Sole Point of Contact and Communications

The HHSC PCS Sole Point of Contact for inquiries concerning this IFB is:

David Martinez, CTCD, CTCM

Procurement and Contracting Services Building 1100 W 49th St. MC: 2020 Austin, TX 78756

512-406-2597 david.martinez01@hhs.texas.gov

Bidders shall NOT use the e-mail address above for submission of a Response to this IFB. See Appendix A for submission requirements.

Bidders shall direct all communications, including questions or clarifications relating to this IFB, by e-mail to the HHSC PCS Sole Point of Contact named in Section 6.1 (Sole Point of Contact and Communications); communications by phone will not be accepted except for purposes such as instructing a potential Respondent through an IT system or website referenced in this Solicitation.

All other communications between a Bidder and HHS agency staff concerning this IFB are prohibited. In no instance is a Bidder to discuss cost information regarding this IFB with the HHSC PCS Sole Point of Contact or any other HHS staff. Failure to comply with these requirements may result in disqualification of the Response.

The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point of Contact in their automatic reply out-of-office e-mail message. See also Section 6.2 (Exception to Sole Point of Contact) below.

https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq mailto:david.martinez01@hhs.texas.gov

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This restriction (as to only communicating in writing with the HHSC Sole Point of Contact identified above) does not preclude discussions between Bidder and agency personnel for the purposes of conducting business unrelated to this IFB.

6.2 Exception to the Sole Point of Contact

The only exceptions to the Sole Point of Contact are the HUB Coordinator, or, if expressly directed by the Sole Point of Contact, another designated System Agency representative.

Should Bidders have questions regarding proper completion of the HUB Subcontracting Plan, the HUB Coordinator may be contacted at cheryl.bradley@hhs.texas.gov The Sole Point of Contact, Section 6.1, must be copied on the e-mail.

6.3 Binding Offer Period

By submitting a Response to this IFB, Bidder agrees that its Response will remain a firm and binding offer for 240 days, as stated in the HHS IFB Affirmations (Exhibit A).

Bidder may extend the time for which its Response will be firm and binding and include the extended period in the Response.

6.4 Costs Incurred

Bidder understands that issuance of this IFB or retention of responses in no way constitutes a commitment by HHSC to award a Contract. HHSC accepts no obligations for costs incurred in preparing and submitting a response, including, but not limited to, preparing for or participating in a vendor conference or site visit.

Responses shall be submitted at the sole expense of the Bidder. All responses shall be prepared simply and economically, providing a straightforward, concise delineation of the Bidder’s capabilities to satisfy the requirements of this IFB.

6.5 Changes, Modifications and Cancellation

HHSC reserves the right to change, amend, or modify this IFB prior to the Response Deadline indicated in the Procurement Schedule (cover page of this IFB). Changes, amendments, and modifications will be processed through one or more Addendum. The notification for any Addendum will be processed in accordance with Section 6.8.

HHSC reserves the right to cancel this IFB at any time. The notice of cancellation will be in accordance with Section 6.8.

mailto:cheryl.bradley@hhs.texas.gov

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6.6 Ambiguity, Conflict, Discrepancy

Bidders must notify the Sole Point of Contact, Section 6.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the IFB in the manner and by the deadline for submitting questions.

If Bidder fails to properly and timely notify the Sole Point of Contact, Section 6.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the IFB, the Bidder, whether awarded a contract or not:

a) shall have waived any claim of error or ambiguity in the IFB and any resulting contract,

b) shall not contest the interpretation by HHSC of such provision(s), and

c) shall not be entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

6.7 IFB Questions or Clarifications

HHSC will allow questions and requests for clarification regarding this IFB if submitted by e-mail to the Sole Point of Contact, Section 6.1, by the deadline established in the Procurement Schedule (cover page of this IFB) or deadlines established in subsequent Addenda. Responses to questions or other written requests for clarification will not be provided individually to requestors but will be consolidated in one or more Addenda.

HHSC reserves the right to amend the answers to questions or clarifications prior to the Response Deadline (cover page of this IFB) through a new Addendum. The notification will be processed in accordance with Section 6.8 (Notification of Addenda or Cancellation).

6.7.1 Submission of Questions or Clarifications

All questions and requests for clarification must be submitted by e-mail and include the following information:

a) IFB Number and Title of IFB (cover page of this IFB) must be included in the e-mail subject line and in the e-mail body;

b) Section or Paragraph number from this IFB;

c) Page Number of this IFB;

d) Exhibit name, Section or Paragraph, page number from the Exhibit;

e) Language, Topic, Section Heading being questioned or requested for clarification;

f) Requestor Contact Information must be included in the body of the e-mail.

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Questions or requests for clarification received after the deadline set in the Procurement Schedule (cover page of this IFB), or deadlines established in subsequent Addenda, may be reviewed by HHSC but will not be answered.

6.8 Notification of Addenda or Cancellation

6.8.1 Addenda Notification

All addenda will be posted to the ESBD. It is the responsibility of each potential Bidder to monitor the ESBD for any Addenda affecting this IFB. Failure to check the ESBD will in no way release any potential Bidder or awarded Contractor from the requirements of posted Addenda.

No HHS Agency will be responsible or liable in any regard for the failure of any Bidder or awarded Contractor to stay informed of all postings to the ESBD. If the Bidder fails to monitor the ESBD for any changes or modifications to this IFB, such failure will not relieve the Bidder or Contractor of its obligation to fulfill the requirements as posted.

Bidder must acknowledge receipt of any addenda by signing and returning SOLICITATION ADDENDUM ACKNOWLEDGEMENT FORM posted to the ESBD with your solicitation response in accordance with the submission options outlined in the solicitation.

6.8.2 Cancellation Notification

HHSC reserves the right to cancel this IFB at any time. Notice of the cancellation will be posted on the ESBD. Bidders are responsible for monitoring the ESBD frequently for notices regarding this IFB.

6.8.3 On-Site Visit

HHSC will conduct a mandatory on-site visit at the location specified below on the date and time identified in the Procurement Schedule (cover page of this IFB) or on the date and time established in subsequent Addenda.

The on-site visit will include a review of the IFB requirements as well as a walk-through of the facility.

Attendance is mandatory. Failure to attend in person will result in the disqualification of a Bidder. Bidders not listed on the attendance log will not be permitted to submit a Response.

6.8.3.1 Location for On-Site Visit:

a) Austin State Supported Living Center

b) 2203 W 35th St, Austin, TX 78703

c) Austin, TX 78751

d) Onsite contact: Thomas Chavez – Thomas.chavez@hhs.texas.gov / 512-571-1334

Bidders must notify the on-site contact listed above regarding attendance.

mailto:Thomas.chavez@hhs.texas.gov

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7 Scope of Work (SOW)

7.1 Scope of Services to be Performed

The required services to be provided are as needed tree care, trimming and arborist services as well as scheduled lawncare and groundskeeping services for the Austin State Supported Living Center (AuSSLC).

AuSSLC campus is home to a variety of trees including but not limited to live oak, post oak, red cedar, pecan, and mesquite. Wood type may be referred to as soft wood, hard wood or diseased wood and it is understood that wood type and location access may affect how services are quoted, performed, and invoiced.

Prior to work commencing, the Contractor shall schedule the upcoming month’s services with the Agency designee. When weather conditions prevent scheduled maintenance, the Agency shall contact the Contractor up to 24 hours prior to scheduled services to reschedule the services. Services shall commence at within seven (7) business days or as mutually agreed upon by the Contractor and Agency. Contractor shall maintain scheduled services or as mutually agreed upon by the Contractor and HHS.

Services and frequencies are subject to change per Agency discretion.

The Contractor shall not disturb or damage any vehicles on site.

Contractor shall be available twenty-four (24) hours per day, seven (7) days per week, including holidays. Contractor must be prepared and ready for any natural disaster that requires their services expeditiously and safely.

AuSSLC shall not be responsible for damage(s) to Contractor equipment or Contractor rented equipment while on Agency campus or in route to and from AuSSLC.

Contractor shall not use climbing spikes or irons on trees unless previously approved by Agency.

Contractor shall remove all debris resulting from services as applicable and as requested by Agency at no additional expense to Agency.

1. Contractor lawncare and groundskeeping services shall include at minimum and as applicable:

a) The Contractor shall mow all lawn areas bi-monthly or as requested by AuSSLC. All cuttings are to be collected by an attached grass catcher or raked by Contractor personnel for removal.

b) The Contractor shall remove weeds without use of chemical treatment in all areas, including but not limited to designated landscaped areas, concrete or asphalt areas, and sidewalks. Lawn area is excluded from weed removal services.

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Should chemical treatment be the most effective treatment, the Contractor shall provide, for Agency review and approval, a detailed quote with justification of chemical treatment prior to treatment beginning, including at minimum:

1. Problem area and diagnosis

2. Recommended treatment and duration of treatment

3. All applicable chemical information per the Manufacturer Material Safety Data Sheet

(MSDS)

4. Agency responsibilities for effective application including watering requirements, activity allowances, or any other applicable requirements to assure safe and effective results.

5. Service technician first and last name and, title, hourly rate, and price of treatment.

6. The Contractor shall apply all chemical treatments, with HHS Agency approval, in accordance with manufacturers specifications.

c) The Contractor shall trim all edges including around the building(s), concrete areas and landscaped beds with commercial grade weed trimmer(s).

d) The Contractor shall remove all loose and fallen tree and hedge limbs, organic and nonorganic debris.

e) The Contractor shall trim all hedges with commercial grade equipment intended for such purpose.

f) The Contractor shall supplement existing mulch in landscaped beds on an as-needed basis. Newly added mulch shall be equal in quality, color, and material to existing mulch.

Mulch substitutions must be approved by HHS Agency prior to application.

1. Clean application areas of weeds and plant debris prior to mulch application.

2. Plant crowns and decorative rock shall not be covered with mulch.

3. Provide supplemental mulch, as needed, at no additional cost to the facility.

g) Clean and blow parking lot of all organic and nonorganic waste. Contractor shall blow all cuttings and any items found in the parking lot into an area where they can be contained, bagged, and removed from the premises by the Contractor.

h) Monitor and report on the health of the lawn including problems such as pests, disease, or weeds.

2. Contractor tree trimming and pruning services shall include at minimum and as applicable:

a) Inspect tree for disease or pest(s), cause of ailment and quote(s) for treatment.

1. Pricing shall be a flat rate fee.

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b) Air spading or air �lling soil

1. Pricing shall be a flat rate fee.

c) Trim overhanging branches and limbs that interfere with daily ac�vity, pose a threat to public safety or may be cause for poten�al interference or harm to buildings and property.

1. All trees shall be trimmed to a minimum 8-foot clearance from all buildings.

2. Trimming shall be done in a manner that is beneficial to the tree and environment promo�ng a long healthy lifespan.

3. Tree canopies shall have a minimum 8- foot clearance from the ground for pedestrian areas and 16-feet for roadways or as otherwise mutually agreed upon.

4. Pricing shall be per ver�cal foot height of tree and per healthy or diseased condi�on.

d) Tree thinning

1. Thinning shall be done in a manner that is beneficial to the tree and environment promo�ng a long healthy lifespan.

2. Pricing shall be per ver�cal foot height of tree and per healthy or diseased condi�on.

e) Tree removal

1. So� wood, hard wood or diseased wood

2. Pricing shall be per ver�cal foot height of tree and wood type.

f) Wood chipping (breakdown of large wooden debris)

1. So� wood, hard wood or diseased wood

2. Pricing shall be per hour and wood type.

3. Healthy wood shall be processed before diseased wood and the Agency shall be given the op�on of keeping healthy wood chips for Agency landscaping repurposing usage prior to Contractor removal. If Agency keeps healthy wood chips, the Contractor shall move them to an Agency specified loca�on for later disbursement.

Prior to services commencing, Contractor shall provide, for Agency review and approval, a detailed es�mate including, at minimum, and as applicable:

a) Problem area, cause of ailment and diagnosis.

b) Recommended treatment op�on(s) and dura�on of treatment(s).

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c) Equipment and machinery used to perform services and access requirements.

1. Contractor shall detail any poten�al risk of damage to HHS property caused by Contractor equipment during use on Agency campus. Contractor shall be responsible for all damages to HHS property while performing services unless otherwise mutually agreed upon.

2. Should the Contractor need to rent equipment to perform required services:

1. Contractor shall confirm availability and rental pricing and provide rental es�mate for Agency review and approval prior to commi�ng to rental.

Should Contractor commit to a rental agreement with a third-party equipment rental company prior to Agency approval, Agency shall not pay any fees incurred for services not rendered, services outside this contract or services not mutually agreed upon.

2. Agency shall pay only for the day and �me (to include transport to and from rental company and Agency campus) in which the equipment was used on Agency campus for services performed.

3. Agency shall not pay a markup on Contractor equipment rental fees.

4. Agency shall not be responsible for costs to transport rental equipment to and from rental company and Agency campus or Contractor loca�on.

5. Contractor shall choose a reputable rental company within 25 miles of AuSSLC.

6. Contractor shall provide a copy of the equipment rental agreement with invoice upon Agency request.

d) All applicable chemical informa�on per the Manufacturer Material Safety Data Sheet

(MSDS).

e) Humane treatment or deterrent alterna�ve(s) if local wildlife is the cause of ailment.

f) Agency responsibili�es for effec�ve applica�on including watering requirements, ac�vity allowances, or any other applicable requirements to assure safe and effec�ve results.

g) Service technician first and last name and, �tle, pricing rate and type of treatment.

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7.1.1 Service Location(s)

HHS, at its sole discretion, with a 30 days’ advance written notice, reserves the right to change, consolidate, delete or add service locations.

a) Location(s) for Services

Austin State Supported Living Center

2203 W. 35th St., Austin, TX 78703

HHS Region No. # 7

The Map (PDF) of the HHS Regions may be accessed at:

https://hhs.texas.gov/sites/default/files/documents/about-hhs/hhs-regional-map.pdf

b) Changes to service location(s) include but are not limited to: new office space within facility, office closure, consolidation of multiple offices increasing or decreasing square footage, expansion of an office into multiple offices, and relocation of office.

7.1.2 Performance Schedule

Contractor shall perform contracted services, including any minor adjustment call-back services, Monday through Friday between the hours of 8 a.m. and 5 p.m. (Central Time). Contractor shall not interfere with normal flow of HHS Agency business at the service location.

Contractor shall respond to all service calls within four (4) hours of HHS Agency request, unless the Response Deadline is extended by the HHS Agency Contract Manager.

7.1.3 Services Outside Regular Business Hours

Any services performed outside of regular business hours (8 a.m. to 5 p.m Central Time) must be requested and/or approved in writing by the HHS Agency Contract Manager and must be invoiced at the rate stated for Outside Regular Business Hours stated in Exhibit C – Pricing Sheet.

Services performed outside of the regular service hours without prior approval, will be at Contractor’s own risk and will be billed at the established Regular Business Hours service rate stated in Exhibit C – Pricing Sheet

Emergencies: The HHS Agency reserves the right to declare any necessary work within the Scope of Services to be an emergency during regular service hours or outside regular service hours, and will request emergency services in writing. Contractor shall respond on-site to a request for emergency services within one (1) hour of notification and continue work until the services requested are complete to the satisfaction of the HHS Agency.

https://hhs.texas.gov/sites/default/files/documents/about-hhs/hhs-regional-map.pdf

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7.1.4 State Holidays

The state holidays observed are maintained by the State Auditor’s Office and may be accessed at: https://hr.sao.texas.gov/Holidays. HHS Agency does not require services to be performed on the “All agencies closed” holidays and any exception will be provided in writing to the Contractor. HHS Agency requires services to be performed for “Optional Holidays” or “Skeleton Crew Required” holidays.

To fulfill the required services, as applicable, the Contractor may perform the services on a holiday observed by HHS at NO additional expense to the HHS Agency.

Authorized services performed by Contractor on a state holiday will be invoiced at the Contract rate for Outside Regular Hours.

7.1.5 Minimum Experience and Qualifications

These minimum requirements apply to the Contractor and Contractor’s personnel and any Subcontractor and Subcontractor’s personnel.

Bidder shall submit documentation of experience and qualifications with Response, if requested in Exhibit C– Pricing Sheet.

a) The Bidder shall have relevant experience required for the performance of the services as outlined in this IFB. The minimum experience required is five (5) years.

b) The Bidder’s personnel to be assigned to perform the services must be fully trained and, at minimum, have one (1) year relevant experience.

c) Contractor must be International Society of Arboriculture (ISA) certified as applicable for services performed. Contractor must be, at minimum, an ISA Certified Arborist®.

1. ISA Certified Arborist®

2. ISA Certified Arborist Utility Specialist™

3. ISA Certified Arborist Municipal Specialist®

4. ISA Certified Tree Climber

5. ISA Certified Tree Worker Aerial Lift Specialist®

6. ISA Board Certified Master Arborist®

7. Contractor requires to be Licensed for weed control treatments.

d) All Contractor or Subcontractor personnel assigned to perform the services must be at least 18 years of age.

https://hr.sao.texas.gov/Holidays https://www.isa-arbor.com/Credentials/Types-of-Credentials/ISA-Certified-Arborist

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e) The Bidder must provide a minimum of three (3) verifiable references for current or previous contracts of the same size and for similar or same services within the last five

(5) years in Exhibit D – Bidder Reference Form and return with Response.

7.1.6 HHS Agency Responsibilities

a) The HHS Agency will provide reasonable access to the facility(s) and property where services are to be performed.

7.1.7 Contractor Responsibilities

The Contractor(s) is solely responsible for the performance of all services and requirements referenced in Section 7.1, Scope of Work and this IFB.

Contractor will not be relieved of its obligations for any nonperformance by its employees or Subcontractor(s).

a) The Contractor shall furnish all labor, tools, transportation, equipment, materials, and supplies, as necessary, to perform the services and/or provide the goods, as required.

1. Contractor equipment and machinery must be in proper operating conditions as per manufacturer specifications.

2. Contractor equipment and machinery must be maintained in accordance with manufacturer specifications.

b) The Contractor shall be responsible for supervision of its employees and Subcontractor employees, together with clean up and proper disposal of any site work waste.

c) It is the responsibility of the Contractor to provide their employees with all Personal Protective Equipment (PPE) when performing the work under this solicitation/contract.

d) The Contractor shall be responsible for all damages caused by Contractor during services performance. Contractor shall repair or replace damage to its original condition or better.

e) Contractor shall follow all traffic laws and courtesies while on Agency campus.

1. Contractor shall always yield right-of-way to all pedestrians.

2. Contractor shall always operate vehicles in a manner allowing for unexpected pedestrian circumstances.

f) All contractor vehicles must be locked, and keys removed when not in use.

1. Truck beds, cargo areas and trailers shall be locked when Contractor is more than five (5) feet away or attention is needed away from vehicle.

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g) The Contractor shall not engage in or encourage any activity or dialogue AuSSLC residents at any time.

1. Prohibited activity shall include, at minimum, exchange of monies, gifts or items, altercations, or lewd behavior of any degree.

2. Should the Contractor be witness to or the recipient of such behavior(s) the Contractor shall notify the campus operator or Maintenance Director immediately for assistance.

h) The Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the Contract including, if applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations.

i) Training for Contractor Employees:

All Contractor employees, and Subcontractor’s employees, if applicable, assigned to perform the services must be trained and experienced in the type of work to be performed. The Contractor shall provide adequate training to all personnel assigned to perform the services on the roles, responsibilities, and technical aspects of the work.

The Contractor shall only provide and allow trained and qualified personnel to perform the required services under the Contract.

The Contractor is required to provide current copies of the completed training(s) and of the license or accreditation certificate related to the training upon request by the HHS Agency Contract Manager. This requirement also applies to Subcontractor(s) and Subcontractor’s personnel who may be used in the performance of services.

7.1.8 Independent Contractor

It is understood and agreed by the HHS Agency and the Contractor that the Contractor is retained as an independent Contractor and in no event shall any employee hired by the Contractor be considered an employee of the State.

a) The Contractor shall not allow any visitors, spouses, children or other relatives of the Contractor’s or Subcontractor’s employees to be on state property in connection with the Contract during working hours.

b) The Contractor shall be responsible for all employment taxes and other payroll withholding for its employees.

c) The Contractor shall be responsible and liable for the safety and health of its personnel while they are performing work for an HHS agency and while on the HHS Agency premises.

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d) The Contractor shall be responsible for verifying that all of its employees assigned to perform services under the Contract are in compliance with all requirements of the Immigration Reform and Control Act of 1986, Public Law 99-603, which became effective November 6, 1986, and any subsequent amendments.

e) The Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system during the term of the contract to determine eligibility of (A) all persons employed by the Contractor to perform duties within Texas; and (B) all persons, including subcontractors, assigned by the Contractor to perform work pursuant to the contract within the United States of America.

f) The Contractor and the assigned Contractor employees or the Contractor’s Subcontractor and Subcontractor employees assigned to perform the services must have all applicable permits, licenses, accreditations, and insurance coverage.

7.1.9 Contractor Equipment

The Contractor shall be responsible for the security, maintenance, loss or damage to its equipment or its Subcontractor’s equipment while on HHS Agency premises.

HHS Agency will NOT be responsible for damage to or loss of the Contractor’s or Subcontractor’s equipment.

7.1.10 Background Check for Personnel

The Contractor or an independent third party may need to conduct comprehensive, statewide Texas Department of Public Safety (DPS) criminal and sex offender background checks on all Contractor personnel (e.g., permanent and temporary personnel and/or Subcontractor and Subcontractor personnel) who will be assigned to perform the services under the Contract.

The Contractor shall be responsible for all background check expenses.

The background checks must be conducted prior to any Contractor or Subcontractor personnel arriving on state property and beginning the required Contract services.

Supporting documentation confirming the completion of the background checks is subject to review upon request by the HHS Agency. Failure to produce the requested documentation, as with any violation of the Contract, constitutes grounds for termination of the Contract with cause.

The background checks shall include, but not be limited to, Social Security Number Verification.

Statewide criminal and sex offender records shall include, but not be limited to, all Texas counties and out-of-state counties based on the current and previous addresses of the key personnel for the last seven years.

Personnel with sex offender, child or adult abuse, or fraud convictions shall not be allowed to provide Contract services and shall not be allowed access to HHS Agency property, facilities, or documents in connection with the Contract.

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Assigned personnel with misdemeanor convictions must receive prior approval by the HHS Agency before being allowed to work under this Contract.

7.1.11 Absenteeism and Vacation

The Contractor shall provide substitutes for any of its employees or Subcontractor’s employees providing services at the HHS facility who may be absent for any reason. The Contractor shall provide relief personnel as necessary and/or work overtime at no cost to the HHS Agency, to ensure that the requirements of this Contract are performed and accomplished as required.

7.1.12 Telephone Service

The Contractor shall have an active telephone service answered during normal business hours.

Normal business hours are between 8 a.m. and 5 p.m., CST Monday through Friday, unless otherwise stated in the IFB.

7.1.13 24-Hour Contact The Contractor must provide the HHS Agency Contract Manager with 24-hour contact information for a minimum of two (2) Contractor personnel so the HHS Agency may communicate urgent performance issues that require immediate correction or any other issues that may occur. The Contractor’s 24-hour contact must always be available. Any urgent performance issues requiring immediate correction will be followed up in writing by the HHS Agency Contract Manager.

7.1.14 Contractor and Contractor Personnel Conduct

All personnel employed by the Contractor to fulfill the requirements and terms and conditions of the Contract remain under the Contractor’s sole direction and control.

The following applies to the Contractor, Contractor employees, and, if applicable, the Contractor’s Subcontractor and Subcontractor’s employees.

7.1.14.1 Performance Compliance

While performing the services, all Contractor and Subcontractor personnel must comply with all applicable state rules, regulations, and HHS Agency’s requests regarding personal and professional conduct applicable to the services being provided as well as the service locations.

All personnel must always conduct themselves in a businesslike and professional manner.

If the HHS Agency determines that an employee of the Contractor or Subcontractor is not conducting himself or herself in accordance with the conduct standards under this Contract, the HHS Agency may provide written notice to the Contractor. Upon receipt of such notice, Contractor must promptly investigate the matter and take appropriate action that may include:

a) Removing the employee from the project;

b) Providing the HHS Agency with written notice of such removal; and

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c) Providing the HHS Agency with the information for the replacement employee, who must be qualified and trained, within the timeline designated by the HHS Agency.

7.1.14.2 Contractor Supervisor(s) and Performance Monitoring

The Contractor shall provide competent supervisor(s) if the service location is at an HHS Agency facility. A Supervisor may be considered a roving Supervisor to monitor more than one location with approval from the HHS Agency Contract Manager.

All supervisors must be able to communicate in English verbally and in writing. The supervisor shall be knowledgeable of the Statement of Work (SOW) and requirements of the Contract.

The Contractor and the supervisors shall continuously monitor and maintain awareness, by personal inspection, of the quality and completeness of the work being performed. The Contractor and supervisor may be requested and required to inspect the HHS Agency facility with the HHS Agency Contract Manager or designee.

7.1.14.3 Personnel Removal and Replacement

a) Removal

The HHS Agency may request removal for cause of any Contractor or Subcontractor employee assigned to the Contract, including but not limited to:

1. poor or unacceptable work performance,

2. theft,

3. abusive language or behavior, or

4. improper attire, in accordance with the terms and conditions of the Contract.

Occurrences of this type may be cause for termination of the Contract.

b) Replacement

Replacement of Contractor or Subcontractor personnel will be subject to HHS Agency review and approval. At the request of the HHS Agency, the Contractor must replace any Contractor or Subcontractor personnel who are not adequately performing the required services or who are unable to work effectively with the HHS Agency Contract Manager or other HHS staff. The Contractor shall provide replacement personnel who have the required qualifications and training as outlined in this IFB and resulting Contract. The Contractor and HHS Agency Contract Manager will work together in the event of any such required replacement to prevent disruption in the services or performance schedule and will mutually agree upon the timeline for the replacement.

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7.1.14.4 Intoxicants and Illegal Drugs Prohibited

The use or possession of any kind of intoxicants or illegal drugs by Contractor (or any of its Subcontractors) employees while on duty at HHS Agency premises, including the building and grounds, is prohibited. At the sole discretion of the HHS Agency, non-compliance with this requirement may result in termination of the Contract.

7.1.14.5 Smoking Prohibited

All HHS Agency facilities are nonsmoking buildings. Contractor’s and Subcontractor’s employees are prohibited from smoking in all non-designated areas.

7.1.14.6 Contractor Uniforms and Identification

All Contractor and Subcontractor employees are required to wear company uniforms and identifying badges while providing services in or delivering to HHS Agency premises.

Uniforms may be company shirts or T-shirts, smocks, and pants or shorts. The Contractor shall contact the HHS Agency Contract Manager to request approval for the use of other apparel.

The Contractor’s or Subcontractor’s uniform apparel must be of one standard color or design.

The Contractor’s or Subcontractor’s on-site managers or supervisors may wear a distinguishing style of uniform but should strive to maintain a company “standard color” to aid in identification.

All Contractor and Subcontractor personnel must prominently display their company identification badges or the company name and employee’s name (first and/or last) must be on their shirt, T-shirt or smock.

8 HUB Subcontracting Plan (HSP) Requirements The Comptroller of Public Accounts (CPA), Statewide Procurement Division (SPD) administers the Historically Underutilized Business (HUB) Program in accordance with Chapter 2161, Texas Government Code, and Title 34,TAC Part 1, Chapter 20, Subchapter D, Division 1 Rules §20.281 to §20.298, . The HUB Program rules may also be accessed at:

https://comptroller.texas.gov/purchasing/vendor/hub/.

It is the policy of HHSC to promote and encourage contracting and subcontracting opportunities with State of Texas-certified Historically Underutilized Businesses (HUBs). Information regarding the HHSC Policy on Using HUBs may be accessed at: https://hhs.texas.gov/doing-business-hhs/contracting-hhs/historically-underutilized-business-opportunities-program.

8.1 HUB Subcontracting Plan (HSP)

The HHSC HUB Coordinator has reviewed the service requirements of this IFB and has determined that subcontracting opportunities are probable for part or all the required services.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm https://texas-sos.appianportalsgov.com/rules-and-meetings?chapter=20&division=1&interface=VIEW_TAC&part=1&subchapter=D&title=34 https://texas-sos.appianportalsgov.com/rules-and-meetings?chapter=20&division=1&interface=VIEW_TAC&part=1&subchapter=D&title=34 https://comptroller.texas.gov/purchasing/vendor/hub/ https://www.hhs.texas.gov/business/contracting-hhs/historically-underutilized-business-opportunities-program https://www.hhs.texas.gov/business/contracting-hhs/historically-underutilized-business-opportunities-program

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Reference the following Exhibit included as a part of this IFB:

a) Exhibit F – Historically Underutilized Business (HUB) Subcontracting Plan (HSP) Requirements

8.2 Courtesy Review of HSP

A courtesy review by HHSC of a Bidder’s completed HSP is optional and is available to assist Bidders in providing a compliant and responsive HSP. This courtesy review may only identify possible deficiencies.

To request a courtesy review, submit…