ESBD_File_331729_787-230801 Landscape and Bed Maintenance Campus.docx

REQUEST FOR PROPOSAL

For Landscape and Bed Maintenance for Lamar State College Orange Main Campus

RFP # 787-230801 Landscape and Bed Maintenance Campus NIGP Class and Item: 988-36 988-52 988-88 988-89

BIDS MUST BE RECEIVED AT THE DESIGNATED LOCATION SPECIFIED IN THIS SOLICITATION ON OR BEFORE:

SUBMITTAL DEADLINE:

Tuesday, August 22, 2023 2:00 PM (Local Time)

MAIL, COURIER or HAND DELIVER BIDS TO:

Jessica Jaeger, Purchasing Coordinator Lamar State College Orange Ron E. Lewis Library Building 410 Front Street, Room 328 Orange, Texas 77630

Show RFP Number, Submittal Date and Time on Return Envelope

NOTES TO POTENTIAL RESPONDENTS:

Responses to this solicitation must be received at the location designated above and time stamped on or before the time and date specified in this solicitation in order to be considered.

RFP # 787-230801 Landscape and Bed Maintenance Campus Page 2 of 2

TABLE OF CONTENTS

Section 1 – General Information & Requirements

1.1 General Information

1.2 Public Information

1.3 Term of Contract

1.4 Submission of Proposals

1.5 Clarification and Interpretations

1.6 Point of Contact

1.7 Evaluation of Proposal

1.8 Owner’s Reservation of Rights

1.9 Acceptance of Evaluation Methodology

1.10 No Reimbursement for Costs

1.11 Mandatory Pre-Submittal Conference

1.12 Eligible Respondents

1.13 Historically Underutilized Businesses’ Submittal Requirements

1.14 Certain Proposals and Contracts Prohibited

1.15 Sales and Use Taxes

1.16 Certification of Franchise Tax Status

1.17 Required Notices of Workers’ Compensation Insurance Coverage

1.18 Delinquency in Paying Child Support

1.19 Title IX

1.20 Cybersecurity Training Program

1.21 Payment Terms

Section 2 – Executive Summary

2.1 Historical Background

2.2 Mission Statement

2.3 Project Description and Scope

2.4 Planning Schedule

Section 3 – Requirements for Statement of Proposals

3.1 Criteria One: Respondent’s Methodology, Quality of Goods/Services and Ability

3.2 Criteria Two: Proposals and References

3.3 Criteria Three: Execution of Offer (Required)

Section 4 – Format for Statement of Proposals

4.1 General Instructions

4.2 Page Size, Binding, Dividers and Tabs

4.3 Table of Contents

4.4 Pagination

Attachment A – Lamar State College Orange Yearly Maintenance Attachment B – Pricing and Delivery (Required) Attachment C – HUB Subcontracting Plan (Required)

SECTION 1 – GENERAL INFORMATION & REQUIREMENTS

1.1. GENERAL INFORMATION: Lamar State College Orange is soliciting Request for Proposals (RFP) for the selection of a Landscape and Bed Maintenance Firm, for services to Lamar State College Orange - Main Campus, located at 410 W. Front Street in Orange, Texas, in accordance with the terms, conditions, and requirements set forth in this Request for Proposals. (Prospective Landscape and Bed Maintenance entities are hereinafter referred to as “Respondents”). The Respondent must meet or exceed all state, and agency procurement standards according to Texas Education Code Title 3, Chapter 51.9335.

1.2. PUBLIC INFORMATION: All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the solicitation is completed. The Owner strictly complies with all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of RFP information.

1.3. TERM OF CONTRACT: The term of any contract(s) resulting from this RFP shall be for two (2) years, beginning on September 1, 2023, with additional One (1) one-year term providing both parties agree in writing. If the College and successful Respondent are unable to negotiate and sign a Contract, the College reserves the right to seek an alternative Respondent. The College’s fiscal year begins September 1 and ends August 31.

1.4. SUBMISSION OF PROPOSALS: The proposals must be received at the address specified prior to the deadline; please note that overnight deliveries such as FedEx and UPS arrive at a central campus location but are not usually delivered to the specified location until after the time deadline, and respondents are advised to use other methods of delivery or, if using an overnight delivery service, to send the responses a day earlier than usual. The Owner will not consider any response to this solicitation that is not received at the address specified by the deadline, regardless of whether it has been received by the College.

1.4.1. DEADLINE AND LOCATION: The Owner will receive Proposals at the time and location described below.

Tuesday, August 22, 2023 2:00 PM (Local Time) Jessica Jaeger, Purchasing Coordinator Lamar State College Orange Ron E. Lewis Library Building 410 Front Street, Room 328 Orange, Texas 77630

1.4.2. Submit 3 identical copies of the Proposals. An original signature must be included on the “Respondent’s Statement of Proposals and Ability to Undertake the Project” document submitted with each copy.

1.4.3. Proposals received after the stated official deadline will be returned to the Respondent unopened.

1.4.4. The Owner will not acknowledge or receive Proposals that are delivered by telephone, facsimile (fax), or electronic mail (e-mail).

1.4.5. Properly submitted Proposals will not be returned to Respondents.

1.4.6. Proposals materials must be enclosed in a sealed envelope (box or container) addressed to the Point of Contact person; the package must clearly identify the submittal deadline, the RFP number, Respondent name, email address of RFP contact, and return address.

1.5. CLARIFICATIONS AND INTERPRETATIONS. Any clarifications or interpretations of this Solicitation that materially affect or change its requirements will be issued formally by the College as a written addendum. It is the responsibility of all Respondents to check the status of formal addenda five (5) days before the submission deadline and to obtain this information in a timely manner. All such addenda issued by the College before the proposals are due shall be acknowledged by Respondents and incorporated into its response to the Solicitation.

1.5.1. All questions regarding this solicitation must be submitted to the Purchasing Coordinator via email by 4 pm on Monday, August 14, 2023 CST.

1.5.2. Respondents shall be required to consider only those clarifications and interpretations that the College issues by addenda five (5) or more days prior to the submittal deadline. Interpretations or clarifications obtained in any other form, including oral statements, will not be binding on the College and should not be relied on in preparing proposals.

1.5.3. Addenda, if required, will be issued by the College for this Solicitation via the Electronic State Business Daily Website located at: http://www.txsmartbuy.com/sp It is the responsibility of each Respondent to check this website for any addenda posted referencing the RFP number provided in this Solicitation. RFP # 787-23-Lawn Care/Maintenance.

1.5.4. Type of Contract Any Contract resulting from this Solicitation will be in the form of the College’s Standard Contract. If the Respondent takes exception to any of the terms and conditions referenced in the RFP, they must address their concerns in the submittal response.

1.5.5. DEADLINE AND LOCATION: The Owner will receive Proposals at the time and location described below.

SUBMITTAL DEADLINE:

Tuesday, August 22, 2023 2:00 PM (Local Time)

MAIL, COURIER or HAND DELIVER BIDS TO:

Jessica Jaeger, Purchasing Coordinator Lamar State College Orange Ron E. Lewis Library Building 410 Front Street, Room 326 Orange, Texas 77630

1.5.6. Submit 3 identical copies of the Proposals. An original signature must be included on the “Respondent’s Statement of Proposals and Ability to Undertake the Project” document submitted with each copy.

1.5.7. Proposals received after the stated official deadline will be returned to the Respondent unopened.

1.5.8. The Owner will not acknowledge or receive Proposals that are delivered by telephone, facsimile (fax), or electronic mail (e-mail).

1.5.9. Properly submitted Proposals will not be returned to Respondents.

Proposals materials must be enclosed in a sealed envelope (box or container) addressed to the Point of Contact person; the package must clearly identify the submittal deadline, the RFP number, Respondent name, email address of RFP contact, and return address.

1.6. POINT-OF-CONTACT: The Owner designates the following person, as its representative and Point-of-Contact for this RFP. Respondents shall restrict all contact with the Owner and direct all questions regarding this RFP, including questions regarding terms and conditions, to the Point-of-Contact person.

1.7. EVALUATION OF PROPOSALS: The evaluation of the Proposals shall be based on the requirements described in this RFP. All properly submitted Proposals will be reviewed, evaluated, and ranked by the Owner.

It is the intent of LSCO to award a contract to the responsible, responsive Proposer(s) that submits a proposal that meets the minimum criteria set forth herein, and that represents the best value, per 51.9335 (b) Texas Education Code, to LSCO. All properly submitted proposals will be reviewed, evaluated, and ranked by LSCO. Proposals will be evaluated by a review panel based on the criteria and relative criteria weights listed below. Only criteria designated in the solicitation can be considered in the award determination.

EVALUATION CRITERIA AND WEIGHTED VALUES (100% maximum):

Best Value Criteria RFP Specific Criteria Weight

(ref. Attachment A) _40_%

(ref. Section 3.2) _30_%

(ref. Section 3.1)

_30_%

When considering ‘best value’ and award, LSCO reserves the right to set a minimum score requirement regarding the non-cost criteria listed in the table above.

1.1.

1.2.

1.3.

1.4.

1.5.

1.6.

1.7.

1.8. OWNER’S RESERVATION OF RIGHTS: The Owner may evaluate the Proposals based on the anticipated completion of all or any portion of the Project. The Owner reserves the right to divide the Project into multiple parts, to reject any and all Proposals and re-solicit for new Proposals, or to reject any and all proposals and temporarily or permanently abandon the Project. Owner makes no representations, written or oral, that it will enter into any form of agreement with any Respondent to this RFP for any project and no such representation is intended or should be construed by the issuance of this RFP. College reserves the right to request a Best and Final Offer (BAFO) from all respondents of top ranked firms.

1.9. ACCEPTANCE OF EVALUATION METHODOLOGY: By submitting its Proposals in response to this RFP, Respondent accepts the evaluation process and acknowledges and accepts that determination of the “most qualified” firm(s) will require subjective judgments by the Owner. Determinations by the evaluation committee will be subjected to routine administrative review by the TSUS executive officers but, once a selection is announced, it will not be subjected to further review.

1.10. NO REIMBURSEMENT FOR COSTS: Respondent acknowledges and accepts that any costs incurred from the Respondent’s participation in this RFP process shall be at the sole risk and responsibility of the Respondent. Respondents submit Proposals at their own risk and expense.

1.11. MANDITORY PRE-SUBMITTAL CONFERENCE: A Mandatory pre-submittal conference will be held for this solicitation on Thursday, August 10, 2023 10am LSCO, Allied Health Building Room 126, 302 W. Front Street, Orange, TX 77630. Please allow time to walk/drive around the campus to view and note all areas required to be maintained under this contract.

1.12. ELIGIBLE RESPONDENTS: Only individual firms or lawfully formed business organizations may apply (This does not preclude a Respondent from using consultants.) The Owner will contract only with the individual firm or formal organization that submits a Proposal.

1.13. HISTORICALLY UNDERUTILIZED BUSINESSES SUBMITTAL REQUIREMENTS: It is the policy of the Texas State University System, and each of its component institutions, to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (HUB) in all contracts. Accordingly, the TSUS has adopted the Policy on Utilization of Historically Underutilized Businesses. The Policy applies to all contracts with an expected value of $100,000 or more. If TSUS determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan is a required element of the Proposals. Failure to submit a required HUB Subcontracting Plan will result in rejection of the Proposals. (See Attachment C)

1.14. CERTAIN PROPOSALS AND CONTRACTS PROHIBITED: Under Section 2155.004, Texas Government Code, a state agency may not accept a proposal or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the proposal or contract is based. All vendors must certify their eligibility by acknowledging the following statement, "Under Section 2155.004, Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate." If a state agency determines that an individual or business entity holding a state contract was ineligible to have the contract accepted or awarded as described above, the state agency may immediately terminate the contract without further obligation to the vendor. This section does not create a cause of action to contest a proposal or award of a state contract.

1.15. SALES AND USE TAXES: Section 151.311, Tax Code, as amended effective October 1, 1993, permits the purchase free of state sales and use taxes of tangible personal property to be incorporated into realty in the performance of a contract for an improvement to realty for certain exempt entities that include the Texas State University System. The section further permits the purchase tax-free of tangible personal property (other than machinery or equipment and its accessories and repair and replacement parts) for use in the performance of such a contract if the property is "necessary and essential for the performance of the contract" and "completely consumed at the job site." In addition, the section permits the purchase tax-free of a tangible service for use in the performance of such a contract if the service is performed at the job site and if "the contract expressly requires the specific service to be provided or purchased by the person performing the contract" or "the service is integral to the performance of the contract."

1.16. CERTIFICATION OF FRANCHISE TAX STATUS: Respondents are advised that the successful Respondent will be required to submit certification of franchise tax status as required by State Law (H.B. 175, Acts 70th Leg. R.S., 1987, Ch. 283, p. 3242). The contractor agrees that each subcontractor and supplier under contract will also provide a certification of franchise tax status.

1.17. REQUIRED NOTICES OF WORKERS' COMPENSATION INSURANCE COVERAGE:

During the term of any contract resulting from this Solicitation, the successful Respondent agrees to procure and maintain, at its expense:

Successful Respondent, consistent with its status as an independent Successful Respondent will carry and will cause its subcontractors to carry, at least the following insurance in the form, with companies admitted to do business in the State of Texas and having an A.M. Best Rating of A-: VII or better, and in amounts (unless otherwise specified), as College may require:

1.17.1 Workers Compensation. Insurance with limits as required by the Texas Workers Compensation Act, with the policy endorsed to provide a waiver of subrogation as to Owner, employer’s liability insurance of not less than:

$500,000 each accident;

$500,000 disease each employee; and $500,000 disease policy limit.

1.17.2. Commercial General Liability Insurance. Including premises, operations, independent contractor’s liability, products and completed operations and contractual liability, covering, but not limited to, the liability assumed under the indemnification provisions of this Contract, fully insuring Contractor’ s liability for bodily injury (including death) and property damage with a minimum limit of:

$1,000,000 per occurrence;

$2,000,000 general aggregate;

$1,000,000 products -completed operations aggregate;

$50,000 fire damage (any one fire);

$25,000 medical expenses (any one person).

Policy will include independent Successful Respondent’s liability, covering, but not limited to, the liability assumed under the indemnification provision of this contract, fully insuring Successful Respondent’s (or Subcontractor’s) liability for bodily injury (including death) and property damage. Business Auto Liability Insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 Combined Single Limit Bodily Injury and Property Damage.

1.17.3. Successful Respondent will deliver to College Evidence satisfactory to College in its sole discretion, evidencing the existence of all insurance after the execution and delivery of this Agreement and prior to the performance or continued performance of any services to be performed by Successful Respondent under this Agreement. Additional evidence, satisfactory to College in its sole discretion, of the continued existence of all insurance not less than thirty (30) days prior to the expiration of any insurance. Insurance policies, with the exception of Workers’ Compensation and Employer’s Liability, will be endorsed and name College as an Additional Insured. All policies will be endorsed to provide a waiver of subrogation in favor of College. Additional insured and Waiver of Subrogation endorsements must be in favor of: The Texas State University System, their agents, servants, employees, officers, heirs, assigns, successors in interest & representatives in connection with the work. All policies with the exception of Workers’ Compensation and Employer’s Liability will be endorsed to provide primary and non- contributory coverage. No policy will be canceled until after thirty (30) days' unconditional written notice to College. Successful Respondent will be responsible for providing to College immediate notice of its receipt of a notice of cancellation, termination, material change, or non-renewal relating to any insurance policy required herein. This requirement may be satisfied by providing a copy of the notice received by the Successful Respondent to the College within two business days or by endorsement of the policy to require notice to the College to be provided by the insurer.

1.17.4 The insurance policies required in this Agreement will be kept in force for the periods specified below:

Commercial General Liability Insurance, Business Automobile Liability Insurance will be kept in force until receipt of Final Payment by College to Successful Respondent; and Workers Compensation Insurance and Employer’s Liability Insurance will be kept in force until the Work has been fully performed and accepted by College.

1.18. DELINQUENCY IN PAYING CHILD SUPPORT: Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.

1.19. TITLE IX: Texas State University System (TSUS) colleges and universities, including Lamar State College Orange, strictly adhere to Title IX of the Education Amendments of 1972, the federal Campus Sexual Violence Elimination Act; United States Department of Education regulations and directive; and TSUS Sexual Misconduct Polity and Procedures (“Regulations”). Specifically, the Regulations apply to all students, employees, visitors, and other third parties on Lamar State College-Port Arthur – controlled property and non- controlled property, including institutions and entities with whom Lamar State College Orange places its students. As a condition of employment, enrollment, doing business, being permitted to do business on all on campus and off campus sites used by Lamar State College Orange, and/or being permitted to officially work RFP # 787-23- Lawncare/Maintenance Page 7 of 84 with, sponsor, affiliate, and/or otherwise interact with Lamar State College Orange students, employees, visitors, and other third parties on and/or off Lamar State College Orange controlled property, the above mentioned individuals, organizations, and entities must agree to: 1) Cooperate with Lamar State College Orange’s Title IX investigation, including coordinating any third party investigation with that conducted by Lamar State College Orange and 2) Cooperate fully with all sanctions that Lamar State College Orange may impose against such individual, organization, or entity, who is found to have violated the Sexual Misconduct Policy and Procedures. If the individual, organization, or entity fails to adhere to any of the aforementioned requirements, Lamar State College Orange’s reserves the rights to take appropriate action, including but not necessarily limited to, immediate removal from campus; immediate disassociation with Lamar State College Orange students, employees, or associated third parties; discipline of employees and students (including termination of employment and/or expulsion from school); termination of business, contractual, and/or non-contractual relationships

1.20. CYBERSECURITY TRAINING PROGRAM. Pursuant to Section 2054.5192, Texas Government Code, Contractor and its subcontractors, officers, and employees, who are provided credentials granting access to College’s computer system also known as the College’s information system, must complete a cybersecurity training program certified under Section 2054.519, Texas Government Code as selected by the College. The cybersecurity training program must be completed during the term and any renewal period of this Agreement. Contractor shall verify in writing completion of the program to the College within the first thirty (30) calendar days of the term and any renewal period of this Agreement. Failure to comply with the requirements of this section are grounds for termination for cause of this Agreement.

1.21. PAYMENT TERMS. College shall pay for work performed under any contract resulting from this Solicitation in accordance with Texas Government Code, Section 2251.021. The College’s standard terms of payment are Net 30 days; however, it will consider alternate payment terms if determined to be in the best interest of the College.

SECTION 2 - EXECUTIVE SUMMARY

2.1. HISTORICAL BACKGROUND: In fall 1969 Lamar University opened its first extension center in Orange, Texas, with classes held in the old Tilley Elementary School. In 1971 the Texas Legislature passed legislation enabling Lamar University to operate a two-year educational center, thus removing the extension status and allowing students to take two full years of coursework on the Orange campus. In 1971 the building was destroyed by fire, and a spirited community-wide fundraising effort netted more than $250,000 for the purchase of the former Sabine Supply Company building, located at 410 Front Street in Orange. Classes began at this location in fall 1971. Since that time facilities, enrollment and course offerings have grown steadily. Academic programs are offered in four divisions: Arts and Sciences, Business and Technology, Allied Health, and Education.

2.1.1. The Texas Legislature authorized the creation of the Lamar University System in 1983. In 1991 the Texas Legislature provided degree-granting authority to Lamar University-Orange. Lamar University-Orange, along with sister institutions in Port Arthur and Beaumont, was merged with the Texas State University System (TSUS), effective September 1, 1995. With system offices located in Austin, TSUS also includes Sam Houston State University, Texas State University-San Marcos and Sul Ross State University.

2.1.2. During the 1999 legislative session Lamar University-Orange was officially renamed Lamar State College Orange.

2.1.3. Lamar State College Orange currently has a student body totaling approximately 2,400. A variety of two-year academic programs is offered, leading to associate of science degrees. These programs will transfer to four-year institutions for students seeking baccalaureate degrees. Several technical/occupational programs are available, which lead to associate of applied science degrees or certificates of completion.

2.2. MISSION STATEMENT: Lamar State College Orange is an open-admission, lower- division state institution of higher education within the Texas State University System. Our mission is:

· To provide academic transfer and associate degree programs to prepare students for senior colleges and universities;

· To provide technical certificate and associate degree programs to prepare students for employment;

· To provide developmental programs for students not ready for college-level work;

· To provide continuing education and customized training programs for those pursuing areas of personal interest or upgrading employment skills; and

· To provide community service activities that promote economic development and cultural awareness.

2.3. PROJECT DESCRIPTION and SCOPE: The purpose of the solicitation is to obtain qualified firms to provide landscape and bed maintenance services for LSCO’s Main Campus, which includes all areas listed below. Please see Attachment A for project description and scope of work.

· 410 W. Front Street – Academic Building

· 302 W. Front Street – Allied Health Building

· 200 W. Front Street – Stark Nursing and Classroom Building

· 209 Green Avenue – Shahan Events Center

· 290 N. Fourth Street – Ron E. Lewis Library Building

· 407 Green Avenue – Student Center

· 506 Green Avenue – Wilson Building

· 409 N. Fourth Street – Industrial Technology Building

· 410 5th Street – Welding Building

· 408 N. Fourth Street – Physical Plant

· 418 Green Avenue - Green Space (Corner of 4th Street and Green Avenue)

· 320 Green Avenue – Workforce Education Building / Bookstore

· 104 Main Street- Small MMM Building

· 105 Green Avenue- Large MMM Building

· 302 1st Street- Tom’s Garage

· 602 Green Avenue-Student Success Center 602 Green Avenue

· 509 W. Front Avenue- Stark Building

· 202 Green Avenue-Green Space

2.4. PLANNING SCHEDULE

· Owner receives Request for Proposals – August 22, 2023

· Owner request Best and Final Offer (BAFO) – August 29, 2023

· Owner Makes Determination – September 4, 2023

SECTION 3 – REQUIREMENTS FOR STATEMENT OF PROPOSALS

3.1. CRITERIA ONE – Respondent’s Methodology, Quality of Goods/Services, and Ability:

3.1.1. Describe your methodology for providing the requested goods or services and your service support philosophy.

3.1.2. Describe how you will measure the quality of service provided to the College for this Project.

3.1.3. Identify if your firm is currently for sale or involved in any transaction to expand or to become acquired by another business entity. If so, please explain the impact in both organization and company direction.

3.1.4. Provide details of any past or pending litigation, or claims filed, against your firm that may affect your performance under a Contract with the College.

3.1.5. Identify if your firm is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity. If so, specify date(s), details, circumstances, and prospects for resolution.

3.1.6. Does any relationship exist by relative, business associate, capital-funding agreement, or any other such kinship between your firm and any College employee, officer or Regent? If so, please explain.

3.2. CRITERIA TWO – Proposals and References:

3.2.1. Provide the following information for the Firm:

· Describe your unique proposals as they pertain to this project.

· Provide a statement on the availability and commitment of the Respondent, its principal(s) and assigned professionals to undertake the Project.

· Identify and describe the proposed team’s past experience for providing services that are MOST RELATED TO THIS PROJECT within the last ten (10) years. List the projects in order of priority, with the most relevant project listed first. Provide the following information for each project listed (Minimum of 3 Maximum of 5 Projects):

· Project name, location, and description

· References (for each project listed above, identify the following):

· The firm’s name and representative who served as the day-to-day liaison during the project, including telephone number and/or email address;

· Length of business relationship with the firm

The college may contact references during any part of this process. The college reserves the right to contact any other references at any time during the Solicitation process.

3.2.2. Provide résumés for all proposed personnel that will be assigned to this project to include the following:

· Experience in the industry;

· Background and education;

· Certifications;

3.3. CRITERION THREE: Execution of Offer

NOTE TO RESPONDENTS: SUBMIT ENTIRE SECTION WITH RESPONSE.

THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED, AND RETURNED WITH THE RESPONDENT'S PROPOSAL. FAILURE TO COMPLETE, SIGN AND RETURN THIS EXECUTION OF OFFER WITH THE PROPOSAL MAY RESULT IN REJECTION OF THE PROPOSAL.

SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED PROPOSAL OR ANY AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS, WHICH MAY RESULT FROM THE SUBMISSION OF RESPONDENT’S PROPOSAL, AND THE RESPONDENT MAY BE REMOVED FROM ALL PROPOSER LISTS. A FALSE CERTIFICATION SHALL BE DEEMED A MATERIAL BREACH OF CONTRACT AND, AT OWNER'S OPTION, MAY RESULT IN TERMINATION OF ANY RESULTING CONTRACT OR PURCHASE ORDER.

3.3.1. By signature hereon, Respondent acknowledges and agrees that (1) this RFP is a solicitation for Proposal and is not a contract or an offer to contract; (2) the submission of Proposal by Respondent in response to this RFP will not create a contract between the Owner and Respondent; (3) the Owner has made no representation or warranty, written or oral, that one or more contracts with the Owner will be awarded under this RFP; and (4) Respondent shall bear, as its sole risk and responsibility, any cost which arises from Respondent's preparation of a response to this RFP.

3.3.2. By signature hereon, Respondent offers and agrees to furnish to the Owner the products and/or services more particularly described in its Proposal, and to comply with all terms, conditions and requirements set forth in the RFP documents and contained herein.

3.3.3. By signature hereon, Respondent affirms that he has not given, nor intends to give at any time, hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the submitted Proposal.

3.3.4. By signature hereon, a corporate Respondent certifies that it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171, Texas Tax Code, or that the corporate Respondent is exempt from the payment of such taxes, or that the corporate Respondent is an out-of-state corporation that is not subject to the Texas Franchise Tax, whichever is applicable.

3.3.5. By signature hereon, the Respondent hereby certifies that neither the Respondent nor anyone acting on behalf of Respondent has violated the antitrust laws of this state, codified in Section 15.01, ET. seq., Texas Business and Commerce Code, or the Federal antitrust laws.

3.3.6. Respondent further certifies that it has not communicated directly or indirectly the Proposal submitted to any competitor or any other person engaged in a similar line of business.

3.3.7. By signature hereon, Respondent represents and warrants that:

3.3.7.1. Respondent is a reputable company regularly engaged in providing products and/or services necessary to meet the terms, conditions and requirements of the RFP;

3.3.7.2. Respondent has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the terms, conditions and requirements of the RFP;

3.3.7.3. Respondent is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances;

3.3.7.4. Respondent understands the requirements and specifications set forth in this RFP and the terms and conditions set forth in the Contract under which Respondent will be required to operate;

3.3.7.5. Respondent, if selected by the Owner, will maintain insurance as required by the Contract;

3.3.7.6. All statements, information and representations prepared and submitted in response to this RFP are current, complete, true and accurate. Respondent acknowledges that the Owner will rely on such statements, information and representations in selecting the successful Respondent. If selected by the Owner as the successful Respondent, Respondent will notify the Owner immediately of any material change in any matters with regard to which Respondent has made a statement or representation or provided information.

3.3.8. By signature hereon, Respondent certifies that the individual signing this document and the documents made part of the RFP is authorized to sign such documents on behalf of the company and to bind the company under any agreements or other contractual arrangements, which may result from the submission of Respondent’s Proposals.

3.3.9. By signature hereon, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas bidder as defined in 34 TAC 20.32 (68).

3.3.10. By signature hereon, Respondent certifies as follows:

3.3.10.1. “Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.”

3.3.10.2. “Under Section 2155.004, Texas Government Code, the vendor or applicant certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.”

3.3.10.3. “Under Section 2254.004, Texas Government Code, the vendor or applicant certifies that each individual or business entity which is an engineer or architect proposed by Respondent as a member of its team was selected based on demonstrated competence and proposals only.”

3.3.11. By signature hereon, Respondent certifies that no relationship, whether by relative, business associate, capital funding agreement or by any other such kinship exist between Respondent and an employee of any Texas State University System component, or Respondent has not been an employee of any Texas State University System within the immediate twelve (12) months prior to your RFP response. All such disclosures will be subject to administrative review and approval prior to the Owner entering into any contract with Respondent.

3.3.12. By signature hereon, Respondent affirms that no compensation has been received for participation in the preparation of the specifications for this RFP. (ref. Section 2155.004 Texas Government Code).

3.3.12.1. Respondent represents and warrants that all articles and services quoted in response to this RFP meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this solicitation.

3.3.13. By signature hereon, Respondent signifies his compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.

3.3.14. By signature hereon, Respondent agrees to defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of Respondent or any agent, employee, subcontractor, or supplier of Respondent in the execution or performance of any agreements or other contractual arrangements which may result from the submission of Respondent’s Proposals.

3.3.15. By signature hereon, Respondent agrees that any payments that may become due under any agreements or other contractual arrangements, which may result from the submission of Respondent’s Proposals, will be applied towards any debt including, but not limited to, delinquent taxes and child support that is owed to the State of Texas.

3.3.16. By signature hereon, Respondent certifies that no member of the Board of Regents of the Texas State University System, or the Executive Officers of the Texas State University System or its component institutions, has a financial interest, directly or indirectly, in the transaction that is the subject of the contract, and that no member of the TSUS Board of Regents has a “substantial interest” (as that term is defined in Section 51.923 of the Texas Education Code) in the Respondent.

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3.3.17. EXECUTION OF OFFER: Landscape and Bed Maintenance Services for Lamar State College Orange – Main Campus- RFP No. 787-23-Landscape and Bed Maintenance.

The Respondent must complete, sign and return this Execution of Offer as part of their submittal response. The Respondent’s company official(s) who are authorized to commit to such a submittal must sign submittals. Failure to sign and return this form will subject the submittal to be rejected.

Respondent’s Name:

Respondent’s State of Texas Tax Account No.:

(This 11-digit number is mandatory)

If a Corporation:

Respondent’s State of Incorporation:

Respondent’s Charter No:

Identify each person who owns at least 10% of the Respondent’s business entity by name:

(Type Name) (Type Name)

(Type Name) (Type Name)

Submitted and Certified By:

(Respondent’s Name), (Title)

(Street Address) (Telephone Number)

(City, State, Zip Code) (Fax Number)

(Authorized Signature) (Date)

(Email Address) required for RFP Notification

SECTION 4 – FORMAT FOR STATEMENT OF PROPOSALS

4.1. GENERAL INSTRUCTIONS

4.1.1. Proposals shall be prepared SIMPLY AND ECONOMICALLY, providing a straightforward, CONCISE description of the Respondent's ability to meet the requirements of this RFP. Emphasis shall be on the QUALITY, completeness, clarity of content, responsiveness to the requirements, and an understanding of Owner's needs.

4.1.2. Proposals shall be a MAXIMUM OF FIFTY (50) PRINTED PAGES (EXCLUDING THE EXECUTION OF OFFER). The cover, table of contents, divider sheets, HUB Subcontracting Plan, and Execution of Offer do not count as printed pages.

4.1.3. Respondents shall carefully read the information contained in this RFP and submit a complete response to all requirements and questions as directed. Incomplete Proposals will be considered non-responsive and subject to rejection.

4.1.4. Proposals and any other information submitted by Respondents in response to this RFP shall become the property of the Owner.

4.1.5. Proposals that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to rejection by the Owner, at its option.

4.1.6. The Owner makes no representations of any kind that an award will be made as a result of this RFP, or subsequent RFP. The Owner reserves the right to accept or reject any or all Proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP when deemed to be in Owner's best interest.

4.1.7. Proposals shall consist of answers to questions identified in Section 3 and Attachment A and B of the RFP. It is not necessary to repeat the question in the Proposals; however, it is essential to reference the question number with the corresponding answer.

4.1.8. Failure to comply with all requirements contained in this Request for Proposals may result in the rejection of the Proposals.

4.2. PAGE SIZE, BINDING, DIVIDERS AND TABS:

4.2.1. Proposals shall be printed on letter-size (8-1/2” x 11”) paper and assembled with spiral-type bindings or staples. DO NOT USE METAL-RING HARD COVER BINDERS.

4.2.2. Additional attachments shall NOT be included with the Proposals. Only the responses provided by the Respondent to the questions identified in Section 3 and Attachment A and B of this RFP will be used by the Owner for evaluation.

4.2.3. Separate and identify each criterion response to Section 3 and Attachment A, B, and C of this RFP by use of a divider sheet with an integral tab for ready reference.

4.3. TABLE OF CONTENTS:

Submittals shall include a “Table of Contents” and give page numbers for each part of the Proposal.

4.4. PAGINATION:

Number all pages of the submittal sequentially using Arabic numerals (1, 2, 3, etc.).

SEE ATTACHMENT A NEXT PAGE

ATTACHMENT A

Introduction: Lamar State College Orange Project Overview Contractor is responsible for the maintenance of the bed areas and will seek to provide an attractive, and functional landscape for the benefit of the Lamar State College Orange (owner), its students, and staff. The Owner expects a high standard of horticultural service to maintain the landscape. These standards are detailed in the Landscape Maintenance Specifications. The specifications include the use of an integrated management program of soil, water irrigation system, fertilization and pest management that optimizes plant health, and efficiency.

Site Map A site map is provided and shared between the Owner and Contractor. The map shall reflect general plant layout, streets and buildings. Copies of the map shall be on file with the Lamar State College and Contractor, and will be used to identify the scope and limits of work.

Materials Specifications A list of materials that may be used as a reference for landscape maintenance requirements and replacements. List is to identify materials that may need to be replaced and to help determine potential materials to add to the site when appropriate, and approved by owner and /or LAMAR STATE COLLEGE ORANGE.

Site Plant List and Plant Requirement Reference A list of plants will be included and on file with the Owner and Contractor. The list is to be used as a reference for plant care requirements and replacements, to identify plants that may need to be replaced and to help determine potential plants to add to the site when appropriate.

General Pruning Reference Guide A general reference guide with descriptions and diagrams on pruning practices and tools that may be used as a reference for landscape maintenance requirements.

Landscape Maintenance Details Landscape details of landscape procedures and practices to be used as a reference for maintaining landscape of campus and in replacement of plants and trees.

Contact List A list of key contacts for notification of issues that affect plant care and plant health requirements for the Lamar State College Orange yearly maintenance.

Contact List:

Lamar State College Orange Yearly Maintenance

RFP # 787-23-Landscape and Bed Maintenance

LANDSCAPE MAINTENANCE SPECIFICATIONS

I. GENERAL REQUIREMENTS

A. Part of Contract: This Landscape Maintenance Specification is a part of the contract for landscape maintenance services. Compliance with the requirements set forth in this specification is mandatory for the maintenance contractor. If any part of this specification is declared invalid for any reason, that invalidation shall apply only to that specific part declared invalid. It shall not nullify any of the requirements of any other part. In the event of question over applicability of any requirement, the requirement shall be assumed to apply, unless the owner provides a written clarification stating that it does not. All modifications to this specification must be in writing.

B. Definitions:

1. The term "owner" refers to the Lamar State College Orange (LSCO)

2. The term "contractor" refers to the person, partnership, corporation, or agency that will perform the landscape maintenance tasks as outlined in these specifications.

3. The term "excluded damage" as used in this document shall refer to damage caused by vandalism, pedestrians, vehicles, animals (except insects and rodents), weather events of extreme wind, tornados, hurricanes, floods, drought, freezes or other unusual factors. It does not include damage caused by the contractor's actions, lack of reasonable care, pest damage (such as insects), diseases, or plant loss due to lack of water caused by an irrigation malfunction. (It is assumed that most plants can survive for at least one week without irrigation, during which time any irrigation problems should become apparent to contractor. Contractor is responsible for reporting under watered areas to owner. Exceptions may be made if the owner's authorized representative determines that unusual circumstances contributed to a loss.) If the contractor fails to report the broken or malfunctioning irrigation system components within one week of the breakage or malfunction, the contractor shall be responsible for all damages resulting from the broken irrigation system component.

Insurance: The contractor shall purchase and maintain through duration of contract period of the specified work an Owner’s Protective Liability Policy protecting the insured against liability arising from operations/maintenance under the Contractor. This policy shall be maintained in the same company as the Contractor’s General Comprehensive Liability Policy. This policy shall not cover liability arising from errors in Drawings and Specifications. The minimum policy requirements for General Liability insurance, Workman’s Compensation and Automobile Liability insurance coverage is listed below. Unless it is otherwise specified in the Contractor’s Documents, the Contractor will indemnify the Owner for any sums that the Owner may be called upon to pay by reason of deductible clause contained within the said Owner’s Protective Liability Policy.

Contractor is to make provisions for an original Certificate of Insurance, issued by the Contractor’s Insurance Agent indicating coverage amounts and the Owner’s name and address to be sent to the Owner. This requirement must be fulfilled before any work what‐so‐ever has been started on site.

C. Contact Person: The contractor shall provide the owner's authorized representative with a phone number where a message can be left for the contractor 24 hours a day. An answering machine connected to the contractor's normal phone line is an acceptable method of meeting this requirement. The contractor shall check for messages left at this phone number every 24 hours or less.

D. Additional Work: All requests for work that will require additional payment must be in writing. Do not start work until the request for additional work has been approved in writing by the owner's authorized representative. Failure to obtain advance approval before starting the work may result in non‐payment or delays in processing payment. Emergency repairs may be made without authorization when immediate repairs are necessary to protect the health, safety, or welfare of the public, or immediate repairs are needed to prevent additional property damage. In these situations, make immediate repairs as needed to protect the public or stabilize the situation and immediately notify the Owner's Representative. Additional payment for the work will be negotiated with the contractor by the owner's authorized representative. Unless otherwise noted, requests for work that qualifies for an additional payment must be made within one week of the time when the need for the work becomes apparent. Failure to notify the owner of the need for the work within two weeks of the need for the work becoming apparent will result in the requirement that the work be completed at the contractor's expense. For example, if the owner's authorized representative notes damage (including missing or dead plants) to landscape features and the contractor does not submit a request for extra work within two weeks of the damage occurring, then the damage shall be corrected completely at the contractor's expense. The purpose of this requirement is to encourage the contractor to check for problems bi‐weekly and promptly report them so they can be corrected.

E. Existing Conditions, Examination of Site:

1. By the act of submitting a bid on this work, the contractor shall be considered to have examined both…