09/01/2013

VENDORS/CONTRACTS

Selection of Vendors and Defining Scope

September 1, 2013

Identify qualified vendors to perform thoroughly defined services to our communities.

Prior to searching for vendors, you MUST complete a scope of work for what you wish for them to do. Samples of scopes (ExhibitN-1)are available on the Benchmark Intranet for you to edit for your community’s specific needs. If there is not a sample available for something you are bidding, simply create one. It does not need to be complicated or all encompassing; simply something that lets a vendor know what you are looking for.

Once your scope is complete, identify qualified vendors to provide a bid. They need to be licensed and insured. They should be in good standing with the Better Business Bureau and provide references which you MUST check. If they are performing a service you can verify (for example, landscaping or power washing), go visit a site they currently service to see their work.

All vendors should bid the scope as provided to them. They are welcome to add alternates which would either increase or decrease bid based on what they are proposed as a change to the scope.

Once all bids are received, they should be entered on a Bid Summary Form (ExhibitN-2). The form should be signed by Community Manager and Service Manager and sent to Regional Manager. Regional Manager will review and discuss with National Service Director or President, if warranted.

Once a vendor is selected, then an actual contract needs to be signed. It is at this time you will finalize the scope and price based on any alternates you wish to include.

The contract should include scope and price and have general terms and conditions that protect vendor and Benchmark respectively. A sample of general terms can be found on the Benchmark Intranet and ExhibitN-3. Utilize this as a reference or incorporate into a contract if there are no or insufficient terms included.

All contracts 12 months or less must be signed by Regional Manager.

All contracts greater than 12 months must be signed by President of Management Company.

The Community Manager should maintain a copy of contract in the contract file. THE ORIGINAL, FULLY EXECUTED CONTRACTS MUST BESCANNED AND SAVED TO THE P DRIVE, AND AN EMAIL SENT TO THE RESIDENTIAL OPERATIONS MANAGER AT THE CORPORATE OFFICE NOTIFYING CONTRACT HAS BEEN POSTED.

All contracts which have a term of three months or longer will be entered into a database maintained by the Residential Operations Manager. The Residential Operations Manager will notify the Community Manager upon expiration/renewal of the contracts in time to obtain three new bids in order to negotiate a new contract or renew the existing contract. The Community Manager should choose the best price and the best service available from the bidders, even if it means changing contractors.

Included in the contract binder should be:

  • Contract binder index (sample ExhibitN-4)
  • Scope of work
  • Proof of insurance for the contractor/vendor (Refer to Insurance Requirements on Exhibit N-3)
  • Three competitive bids
  • Reference checks
  • Warranty information
  • Correspondence to the contractor/vendor
  • Lien waivers.

Payment for goods and services will be made in accordance with the Benchmark’sstandard invoice procedures.

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09/01/2013

LANDSCAPING

These specifications shall cover all duties furnished by the contractor. Contractor shall furnish all labor, materials, supervision, equipment, and other necessary incidentals required to maintain the landscape areas. These specifications are designed to produce healthy turf and plants in a quality landscape environment.

PART 1 – TURF

The areas to be maintained consist of grass and turf.

  1. Mowing: All turf shall be mowed (check all that apply):

 Weekly in the summer months, specified as ______(e.g. April through November); except when height is less than _____ inches.

 Every other week in the winter months, specified as ______(e.g. November through March); except when the height is less than _____ inches.

 Clippings shall be mulched and left on the lawn as long as no visible clumps remain on the grass surface 24 hours after mowing; otherwise, contractor shall collect and dispose of clippings.

  1. Edging: All hard surfaces and soft surfaces shall be edged at every mowing. String trimmers shall be used along soft areas and mechanical edging equipment along hard areas, unless their use will damage the area.
  1. Debris Removal: The contractor shall be responsible for the removal of all lawn debris and clippings with each site visit and blowing off all walks, driveways and street areas where debris may be visible.
  1. Storm Drainage Debris Removal: The contractor shall be responsible for the visual inspection of storm drains, catch basins, yard drains, and other storm water drainage fixtures and waterways throughout the community on a monthly basis during the term of this contract, and shall provide removal of any debris, trash and other materials, including buildup of cinders from said fixtures and waterways. This inspection and cleaning does not include the piping between catch basins and/or storm drains, nor any portions of the sanitary sewer system.

PART 2 – ORNAMENTALS

All plants shall be pruned to maintain their natural form. All trimming and pruning shall be subject to all applicable Association, State and Federal Regulations.

  1. Tree: Pruned to remove any interfering, damaged or dead branches. Tree limbs or branches over _____ feet in height will be pruned at Management’s request and Management’s expense.

Contractor’s Initials:

  1. Palms: Prune palms under _____ feet to remove dead fronds and seedpods. Palms over _____ feet in height will be pruned at Management’s request and Management’s expense.
  1. Ornamentals and Shrubs: Pruned to maintain natural, neat and healthy appearance. Special attention shall be placed on pruning to keep all ornamentals and shrubs away from buildings, walkways, doorways, windows, and equipment. Shrubs shall not come in contact with any building, feature, or equipment; shrubs within 18” of a window shall be pruned and maintained at a height less than the height of the window sill.

PART 3 – GROUND COVER AND WEEDING

All ground cover shall be pruned to maintain their natural form.

  1. Ground Cover: Pruning and edging of ground cover will be maintained on an as needed basis to maintain their natural form and keep from spreading. Emphasis shall be placed on trimming or removal of ground cover and other plant material along the perimeter of the community as well as all trees and fencing to control vines and other encroaching plants.
  1. Weeding: Weeds will be removed from bed areas by hand or chemically.

PART 4 – FERTILIZATION AND MULCHING

  1. Fertilization: Will be applied times a year for turf and times per year for shrubs and palms at contractor’s expense.
  1. Mulch or Pine Straw: Will be applied times a year at a rate of ______(e.g. 2” depth, bails per yard) at contractor’s expense.

PART 5 – SPRAY PROGRAMN/A

Spraying for the control of insects, disease and weeds for turf and shrubs will be done on an as needed basis at the contractor’s expense with emphasis placed pre-emergent control. Agreed upon applications are as follows:

ApplicationsMonths of Applications

Contractor’s Initials:

PART 6 – SPECIAL PROVISIONS

One meeting per month with Management to discuss future work programs for the following month. All work will be supervised. Licensed and Insured. References available upon request.

Basic Contract Services:Monthly:Annually:

Turf, ornamentals, ground cover and weeding,$$

and fertilization

Annuals will be planted times per year at contractor’s expense.

Extra Services Cost

Annuals 4”

Mulch 3 Cubic Ft. Bags

Emergency Clean Up

Other: ______

Tree Trimming

Queen Palms

Coconut Palms

Sabal Palms

Raise Hardwoods to 12 Ft.

Other: ______

Part 7 – Additional:

Contractor’s Initials:

Exhibit N-1

09/01/2013

Scope of Work (Cleaning):

APARTMENT CLEANING

General:

Floors – swept and washed.

Carpets – vacuumed.

Doors – washed including trim and top. Bi-folds – wash all slats.

Windows – wash sills and blinds. Wash all glass including sliding door and tracks.

Fans – wash all blades.

Front entrance – wipe down front door, remove cobwebs, etc.

Kitchen:

Wash all cabinets and drawers inside and out.

Refrigerator – clean all shelves, bins and sides, inside and out.

Stove – clean all burners, trays and racks. Thoroughly clean inside and out.

Counters – thoroughly wash.

Sink – thoroughly wash.

Dishwasher – cleaned inside and out.

Bathrooms:

Tub – clean tub and tiles thoroughly.

Toilet – clean thoroughly inside and out.

Sink and counter – clean thoroughly.

Vanity – wipe down inside and out.

Floor – wash.

Mirror – wash thoroughly.

Towel bar/shower rod washed thoroughly.

Bedrooms:

Closets – wipe down all shelving.

Patio:

Sweep floor.

Clean patio door tracks.

Washer and Dryer: wipe down inside and out. Clean lint filter.

Water heater closet: wash down water heater, wash floor.

Price Proposal:

1b1b$

2b1b$

2b2b$

3b2b$

Vendor will provide all required forms of insurance in their entirety.

All invoices will be numbered, dated with unit number and paid within 30 days.

Name of Vendor:

Date of Proposal:

Exhibit N-1

09/01/2013

BENCHMARK COMMUNITIES

BID SUMMARY

Project:

Date:

Prepared By:

Scope of Work:

Community:

Vendor / Bid 1 / Bid 2 / Bid 3 / Bid 4 / Bid 5
Company
Telephone Number
Total: / $ / $ / $ / $ / $
Alternates:
Notes:
Recommendations:
Submitted by:
______
Community Manager / ______
Service Manager / ______
Regional Manager

BENCHMARK COMMUNITIES

BID SUMMARY – SAMPLE

Project: Upgrade Property Lighting

Date:

Prepared By: Community Manager and Service Manager

Scope of Work: To install 400 watt H.P.S. wall pack lighting with photo cells on 5 buildings

Property: Community Name

Vendor / Bid 1 / Bid 2 / Bid 3 / Bid 4 / Bid 5
Company
Telephone Number / C.H.Carrier Electric
708-755-7700 / Ken Kemp Company
708-481-1181 / K & T Electric
708-747-6799 / C.A.S.E., Inc.
708-672-5320
Total: / $3,100.00 / $3,400.00 / $3,950.00 / $3,975.00 / $
Alternates:
Notes:
Budget for this job is $2,400.00. We used the prices for the last light installed on 200 building when budgeting. That was a smaller light. We budgeted too low as a result. This project really needs to be done to avert theft on the property. The lights will add to the overall deterrent of crime of the parking areas.
Recommendations:
We would like to use Ken Kemp as he has installed the other lights on the buildings and is very familiar with the project. I have put a call into Ken Kemp to see if he will match the lowest bid. If not, we would still like to use him because we know his work and have never had a problem with his service. He is very reliable. I will forward contract to Regional Manager for signature once a decision has been made.
Submitted by:
______
Community Manager / ______
Service Manager / ______
Regional Manager

Exhibit N-2

09/01/2013

GENERAL TERMS

, “Vendor”, shall furnish all supervision, labor, materials and equipment required to maintain the landscape throughout the contract period. The scope of our services shall be limited exclusively to those items approved on the Grounds Maintenance Service Contract, “Agreement”. Additional services, terms, and conditions may be a part of this Agreement if included in exhibits attached hereto or later agreed to by both parties.

Vendor is not responsible for the condition of the landscape due to drought, freeze, irrigation deficiencies, storm damage, other acts of God, or regulations imposed by governing authorities.

Vendor assumes no liability for damages or consequential damages caused by conditions beyond our control. It is understood and agreed that Vendor is not liable for any damage of that is not caused by the actions of Vendor, its agents or employees.

Bio-Hazards / Hazardous Materials

Unless specifically included in the scope of work, Vendor shall not be responsible for policing, picking up, removing or disposing of certain materials that may be bio-hazards or considered hazardous materials on Management’s property. This includes, but is not limited to, items such as hypodermic needles, items containing bodily fluids, clothing or materials used in the process of cleaning up bodily fluids, or items that may be considered hazardous.

License and Permits

Vendor will comply with all license and permit requirements of the City, County, State, Federal Governments, as well as all other requirements of law.

OSHA Requirements

Strict compliance with all OSHA, HUD, and EPA regulations is required at all times. A preconstruction hazard assessment shall be performed by contractor and owner/management prior to the commencement of any work; Contractor shall ensure that established OSHA lockout/tagout procedures and any other site specific policies, procedures or training provided to contractor is followed by all personnel who may be performing work in conjunction to the work specified in this agreement. Personnel shall not be allowed to enter into confined spaces, engage in any unsafe work, follow unsafe work practices, or complete work for which a hazard assessment has not been completed and approved, or on which they were not adequately trained.

Taxes

Vendor agrees to pay taxes applicable to its work under this contract, including sales tax on material supplied where applicable.

Insurance

Vendor agrees to provide General Liability Insurance, Automotive Liability Insurance, Worker’s Compensation Insurance, and any other insurance required by law.

Before any work begins on the property, a vendor or contractor must provide the following proof of insurance:

  • Worker’s Compensation – With limits of liability not less than $100,000 for each accident, $100,000 for each employee with a $500,000 disease limit.
  • General Comprehensive Liability – With limits of liability to $1,000,000 each occurrence.
  • Protective Liability – With limits of liability to $1,000,000 combined single limit for bodily and property damage.
  • General Aggregate of $2,000,000.

(legal name of community) as well as Benchmark Management of (State) Corp., should be listed on all insurance certificates as an additional insured.

Copies of the insurance certificates must be provided to Management.

Liability

It is understood and agreed that Vendor is not liable for any damage of any kind whatsoever that is not caused by the actions of Vendor, its agents or employees.

MSDS Sheets

Vendor will provide Management with MSDS Sheets for all products utilized on the property.No chemicals are to be brought on site for any means without prior authorization of Owner.

Access to Jobsite

Management shall furnish access to all parts of jobsite where Vendor is to perform work as required by this Agreement or other functions related thereto, during normal business hours and other reasonable periods of time, and in the case of after-hours emergencies.

Notice of Defect

Management shall give Vendor at least ten (10) business days’ written notice to correct any problem or defect discovered in the performance of the work required under this Agreement.

Assignment

Neither Management nor Vendor shall assign or transfer any interest in this Agreement without written consent of the other party.

Termination

This Agreement may be terminated by either party, with or without cause, with thirty (30) days written notice to the other party.

Appearance

Vendor’s employees and agents will be professional in appearance and language at all times while on property.

Disputes

This Agreement will be governed by and construed in accordance with the laws of the state where the Contract Duties are to be performed. In the event of any action or breach of or to enforce or declare rights under any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs, to be paid by the losing party.

I have read, understand and agree to the foregoing Agreement and hereby accept it on behalf of Management.

Vendor NameManagement Approval

Community Legal Name

AddressAddress

City / State / ZipCity / State / Zip

By: By:

SignatureSignature

NameName

TitleTitle

DateDate

Exhibit N-3

09/01/2013

VENDORS

Vendor Name / Telephone Number / Fax
Number / C.O.I.
Expiration / Contract Expiration
All About Pools / 706-540-3159 / 706-613-2526 / 2/26/2013
American Pest Control / 706-546-1490 / 706-549-7874 / 08/15/2013
(general liability)
BellSouth / 404-495-4188
(Lisa) / N/A / 02/01/2013
Call Source / N/A / Done via Corporate
Priority One / 888-779-4167 / 864-281-9444 / 03/15/2010 / 03/01/2013 mtm basis

Exhibit N-4

09/01/2013

Contract Review Items(Exhibit N-5)

  • Legal Name – Always ensure the contract is in the legal name of the community.
  • Terms – Review the term of a contract carefully. Is this long enough (benefit of locking in pricing)? Too long (technology may change, rebidding could provide better prices, service, etc.)? NO AUTOMATIC RENEWALS except for short periods (MTM, 3 month or 6 month). Watch the notice requirements: prefer 30 – 90 days, method of notice.
  • Product or Services – Review carefully. Are you getting everything you want/need? Are you paying for things you will never use?
  • Our Responsibilities – maintain, insure, etc.
  • Their Responsibilities – maintain, insure, etc.
  • Breach – What constitutes? Method, notice and timeline to cure. Ability to term if no cure. Review remedies for breach or failure to cure (pro-rata return okay, never fees).
  • Insolvency/Bankruptcy – Always try to get language stating if they become insolvent, file for bankruptcy, etc., we can immediately terminate with 30 days notice.
  • Assignability – Of course, we would just like to give notice. In the event they want to assign, we want to require they give us notice that we can deny.
  • Indemnification – Both parties, all involved.
  • Insurance – Depends on product or service. Product: do they insure or us? Service: we need proof of their insurance.
  • Notices – Ensure name, address, etc. is corporate. Review carefully methods…no faxes or emails. Usually US Mail, overnight carrier.
  • NEVER ALLOW RIGHT OF FIRST REFUSAL.
  • Exclusivity should be at a minimum (usually just telecommunication contracts).
  • Prefer arbitration over jury trial.
  • Modifications (prices or terms) – always in writing, mutually agreed to.
  • If you have a contract that has already renewed, please ensure you negotiate a new contract at the next opportunity. This will help you to ultimately incorporate the ideas above in all contracts.

A MUST in All Contracts: