Agenda Packet CFAB 01/12/2015Citizens Financial Advisory Board
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom6:00 PMMonday, January 12, 2015
CALL TO ORDER AND ANNOUNCE A QUORUM
CITIZEN PRESENTATIONS
Citizens are allowed three (3) minutes to address the Board regarding an item over
which the Board has policy or oversight authority as provided by Texas law, the ethics
order, or other policy order.
REGULAR SESSION
1 2015-0032-T Consider and take appropriate action regarding the Minutes dated December
1st, 2014.
CFAB minutes 12-01-14.pdfAttachments:
2 2015-0033-T Discuss and provide direction concerning Request For Proposal for Parks
service.
2015 Parks Services Competive Bid - RFP.pdf
Park Service Area Maps.pdf
Attachments:
3 2015-0034-T Discuss items for future agendas.
4 2015-0035-T Set next meeting date.
ADJOURN
Notice is hereby given that a quorum of the Parks Board may be in attendance at this
meeting.
Citizens Financial Advisory Board Page 1 of 123 Meeting Date: Monday, January 12, 2015
January 12, 2015Citizens Financial Advisory Board Meeting Agenda
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on Friday January 9, 2015 by 5:00
P.M. in accordance with Chapter 551, Texas Government Code.
____________________________
John Zagurski
Budget Analyst
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2014.
________________________________, Title: ___________________________
Citizens Financial Advisory Board Page 2 of 123 Meeting Date: Monday, January 12, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:22015-0032-T Name:
Status:Type:Resolution Draft
File created:In control:1/8/2015 Citizens Financial Advisory Board
On agenda:Final action:1/12/2015
Title:Consider and take appropriate action regarding the Minutes dated December 1st, 2014.
Attachments:CFAB minutes 12-01-14.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the Minutes dated December 1st, 2014.
Citizens Financial Advisory Board Page 3 of 123 Meeting Date: Monday, January 12, 2015
MINUTES FROM CITIZENS FINANCIAL ADVISORY BOARD MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, December 1, 2014 at 6:00 P.M.
Svore Municipal Building Boardroom
The Citizens Financial Advisory Board (CFAB) of the Town of Trophy Club, Texas, met in a meeting on Monday,
December 1, 2014. The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON & TARRANT COUNTIES§
BOARD MEMBERS PRESENT:
Mike Buck - President
Kathy Carlton – Vice President
Ralph Reed – Board Member
Roger Williams- Board Member
Connie Edwards – Board Member
Robert Hillman – Board Member
Neil Justice – Board Member
Greg Lamont – Council Liaison
STAFF AND GUEST(S) PRESENT:
John Zagurski – Budget Analyst
Jacob Lohse- Recreation Superintendent
President Mike Buck called the meeting to order at 6:14 p.m.
1. Consider and take appropriate action regarding the Minutes dated October 30, 2014:
Roger Williams motioned to approve the Minutes dated October 30, 2014, Mike Buck seconded
the motion. The Board voted 6 to 1 to approve the minutes with Ralph Reed abstaining. Kathy
Carlton reported on Council’s decision regarding TMRS.
2. Consider and take appropriate action regarding a recommendation of Trophy Club Parks
viability:
The Board made three recommendations and voted on each item separately. The
recommendations are as follows:
a. Kathy Carlton motioned: Based on aesthetic and financial information presented to the
Citizens Financial Advisory Board, by both internal and external sources, it is the Board’s
recommendation to Council that Trophy Club Park is viable. Neil Justice seconded the
motion. The vote was unanimous in favor of the recommendation.
Citizens Financial Advisory Board Page 4 of 123 Meeting Date: Monday, January 12, 2015
i. The Citizens Financial Advisory Board is open to further evaluation of the park, but
more direction from Council is needed, due to a lack of clarity on the initial project
and a turnover in Council. This item was made as a motion by Kathy Carlton and
seconded by Mike Buck. The vote was unanimous in favor of the motion.
b. Kathy Carlton motioned: It is the Citizens Financial Advisory Board’s recommendation to
Council that a minimum $3.00 per horse entry free be put in place at Trophy Club Park. The
motion was seconded by Roger Williams. The Board voted 6 to 1 to approve the motion with
Neil Justice voting against.
c. Ralph Reed motioned: It is the Citizens Financial Advisory Board’s recommendation to
Council that the Parks Department conduct a fee study of Trophy Club Park fees. Robert
Hillman seconded the motion. The vote was unanimous in favor of the motion.
3. Discuss items for future agendas:
CFAB will start working on the Salary True-Ups for Public Safety.
4. Set next meeting date:
January 12, 2015
ADJOURN
Neil Justice made a motion to adjourn. Motion seconded by Ralph Reed. Motion approved
unanimously. Meeting adjourned at 7:44 p.m.
___________________________________ ___________________________________
John Zagurski, Budget Analyst Mike Buck Board President
Town of Trophy Club, Texas Town of Trophy Club, Texas
Citizens Financial Advisory Board Page 5 of 123 Meeting Date: Monday, January 12, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0033-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/8/2015 Citizens Financial Advisory Board
On agenda:Final action:1/12/2015
Title:Discuss and provide direction concerning Request For Proposal for Parks service.
Attachments:2015 Parks Services Competive Bid - RFP.pdf
Park Service Area Maps.pdf
Action ByDate Action ResultVer.
Discuss and provide direction concerning Request For Proposal for Parks service.
Citizens Financial Advisory Board Page 6 of 123 Meeting Date: Monday, January 12, 2015
THE TOWN OF TROPHY CLUB, TEXAS
SPECIFICATIONS/ CONTRACT DOCUMENTS FOR
PARK SERVICES FOR THE TOWN OF TROPHY CLUB
MAYOR
Nick Sanders
TOWN MANAGER
Mike Slye
PARKS AND RECREATION DIRECTOR
Adam Adams
Citizens Financial Advisory Board Page 7 of 123 Meeting Date: Monday, January 12, 2015
TABLE OF CONTENTS
SECTION
1. Notice to Bidders
2. Special Instructions to Bidders
3. General Conditions of Bidding
4. Bid Proposal
5. Resident/Non-Resident Bid Form
6. Agreement
7. Performance Bond
8. Payment Bond
9. Insurance Requirements
1. Insurance Requirement Affidavit
2. Insurance Checklist (Services)
3. Exhibit A-1, Insurance
4. Exhibit A-2, Workers’ Compensation Insurance Coverage
5. Workers’ Compensation Notice
10. Certificate of Insurance
11. General Requirements
Citizens Financial Advisory Board Page 8 of 123 Meeting Date: Monday, January 12, 2015
TOWN OF TROPHY CLUB
PROJECT: PARK SERVICES FOR THE TOWN OF TROPHY CLUB
Sealed bids for the furnishing of all labor, materials, and equipment necessary for the
provision of landscape services for the Town of Trophy Club will be received at the
Town Offices, 100 Municipal Drive, Trophy Club, Texas 76262 until _______ on _____,
2015. All proposals will be publicly opened and read aloud at_______, 2015 at the
Town Offices. A mandatory pre-bid conference will be held at __ a.m. on ______,
________, 2015 at the Town Offices. Bid Documents (including Contract Documents)
have been prepared for this project and may be obtained at the Town Offices at the
address listed above or on the Town’s website at www.trophyclub.org.
The categories of services to be provided under this Contract include the following:
1. Maintenance, upkeep and support of all areas of Parks Operations
including:
a. Medians and related common areas-irrigated
b. Medians and related common areas-no irrigation
c. Brush-hog/rough mow areas
d. North linear trail system
e. Freedom Park
f. Harmony Park
g. Lakeview Park
h. Independence Park
i. Community Pool
j. Trophy Club Park
k. MUD facilities
l. Drainage maintenance
m. Weekend support
n. Irrigation
o. Chemical application
p. Special events support
q. Miscellaneous services
A MANDATORY PRE-BID CONFERENCE WILL BE HELD AT __ A.M. ON
__________, 2015. ALL PROPOSALS SUBMITTED FOR TOWN CONSIDERATION
MUST BE CLEARLY MARKED ON THE OUTSIDE OF THE SEALED ENVELOPE
WITH THE WORDS “PARK SERVICES FOR THE TOWN OF TROPHY CLUB”,
ATTENTION, AND MUST CONTAIN THE NAME OF THE COMPANY SUBMITTING
THE BID. ATTENDANCE AT THE PRE -BID CONFERENCE IS A QUALIFYING
Citizens Financial Advisory Board Page 9 of 123 Meeting Date: Monday, January 12, 2015
CONDITION FOR BID SUBMISSION. FAILURE TO ATTEND THE PRE-BID
CONFERENCE WILL RESULT IN DISQUALIFICATION OF THE BID.
The Town reserves the right to reject any or all bids and waive any or all irregularities.
No bid may be withdrawn until the expiration of ninety (90) days from the date bids are
opened.
Citizens Financial Advisory Board Page 10 of 123 Meeting Date: Monday, January 12, 2015
SECTION 2.
SPECIAL INSTRUCTIONS TO BIDDERS
Project Name: Park Services for the Town of Trophy Club
MANDATORY PRE-BID CONFERENCE. A MANDATORY PRE-BID CONFERENCE
WILL BE HELD AT __ A.M. ON ________________, 2015. ALL PROPOSALS
SUBMITTED FOR TOWN CONSIDERATION MUST BE CLEARLY MARKED ON THE
OUTSIDE OF THE SEALED ENVELOPE WITH THE WORDS “PARK SERVICES
FOR THE TOWN OF TROPHY CLUB”, ATTENTION, AND MUST CONTAIN THE
NAME OF THE COMPANY SUBMITTING THE BID. ATTENDANCE AT THE PRE-
BID CONFERENCE IS A QUALIFYING CONDITION FOR BID SUBMISSION.
FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL RESULT IN
DISQUALIFICATION OF THE BID.
Bid Security: Proposals shall be accompanied by a cashier's check or certified check
upon a national or state bank, or a bid bond from a reliable surety company in an
amount not less than five percent (5%) of the total maximum bid price, as a guarantee
that the bidder will enter into a contract and execute a performance bond and a
payment bond within ten (10) days after notice of award of contract to CONTRACTOR.
A performance bond is required for all projects over $100,000.00 and a payment bond is
required for all projects over $25,000.00. Bonds shall be submitted on the forms
approved by the Town (copies of the approved bond forms are attached and
incorporated herein) as part of these contract documents.
Award of Contract: The notice of award of contract will be given by the Town of Trophy
Club (hereafter "OWNER" or "TOWN") within ninety (90) days following the opening of
bids.
The successful bidder shall submit, within seven (7) days after notice of award of
contract, a corporate resolution, certificate of partnership, partnership agreement or joint
venture agreement which identifies the person(s) authorized to execute a contract on
behalf of the corporation, partnership, or joint venture.
The successful bidder shall also furnish certificates of insurance that meet the TOWN
requirements within ten (10) working days after bid opening.
The successful bidder must qualify within five (5) working days after bid opening, by
submitting such additional documents as the Parks and Recreation Director may require
for compliance with the terms of these contract documents. Should the bidder fail to
produce evidence which satisfactorily demonstrates to Town that bidder qualifies for
contract award, bidder may be disqualified and the work awarded to the next lowest
bidder so qualifying.
Citizens Financial Advisory Board Page 11 of 123 Meeting Date: Monday, January 12, 2015
Bonds: The successful bidder shall furnish a performance bond in the amount of one
hundred percent (100%) of the contract price, and a material and labor payment bond,
in the amount of one hundred percent (100%) of the contract price. Bonds must be
submitted on the forms provided and must be provided by an approved surety company
holding a permit from the State of Texas to act as surety, or other sureties acceptable to
the OWNER.
One original and one copy of the complete bid proposal must be submitted with
the Town of Trophy Club Project Name clearly identified on the exterior of the bid
package. The right is reserved, as the interest of the Town of Trophy Club may require,
to reject any and all bids, and to waive any informality in bids received.
The unit price on the Bid Proposal Form shall be the price of the item, and any errors
that may be present in that form shall not be recognized as an opportunity to revise the
proposal. The Bid Proposal Form sheet included in this bid document shall be utilized
for summarizing the bid.
THE INSURANCE AFFIDAVIT provided herein shall be executed and returned as
part of the bid document.
PROJECT SCOPE AND QUANTITIES: Bidders are advised that the quantities and
frequency of work shown in the proposal are approximate. Payment to the
CONTRACTOR shall be made based on actual work performed. The OWNER reserves
the right to make increases or decreases to the amount of work performed and does not
guarantee that final quantities and frequency will not differ from the approximate
quantities and frequency shown in the proposal.
CONTRACT RENEWAL: The initial term of the contract shall be for a period of one (1)
year. Upon completion of the initial term, the OWNER and CONTRACTOR may elect to
renew this contract for a maximum of three (3) additional one (1) year periods, if agreed
to in writing by both parties. However, the OWNER and CONTRACTOR shall not be
obligated to renew the contract and may decline to renew the contract for any reason.
Except as otherwise specifically provided herein or in a properly executed written
modification to the Contract Documents, all terms, provisions and specifications of the
Contract Documents shall remain the same during each renewal period. The price
submitted in the Contractor’s Bid Proposal may not be increased prior, during, or after
any such renewal period.
Citizens Financial Advisory Board Page 12 of 123 Meeting Date: Monday, January 12, 2015
SECTION 3.
GENERAL CONDITIONS OF BIDDING
1. REQUIRED INFORMATION: TOWN OF TROPHY CLUB BID PACKETS CONTAIN VARIOUS SECTIONS REQUIRING
COMPLETION. THE BIDAFFIDAVIT AND BID PROPOSAL FORM SECTION OF THE BID PACKET MUST BE
COMPLETED PRIOR TO THE DATE AND TIME SET FOR BID OPENING AND INCLUDED WITH THE BID PACKET OR
THE VENDOR WILL BE FOUND NON-RESPONSIVE. VENDORS MAY BE REQUIRED TO COMPLETE AND SUPPLY
ALL INFORMATION CONTAINED IN THE "SUPPLEMENTAL INFORMATION" PORTION OF THE PACKET AT A DATE
AFTER BID OPENING. FAILURE TO COMPLETE "SUPPLEMENTAL INFORMATION" REQUIREMENTS IN A TIMELY
MANNER, PRIOR TO COUNCIL AWARD, MAY BE USED BY THE TOWN IN DETERMINING A VENDOR’S
RESPONSIBILITY.
2. INSTRUCTIONS: THESE INSTRUCTIONS APPLY TO ALL QUOTATIONS AND BECOME A PART OF TERMS AND
CONDITIONS OF ANY BID PACKET SUBMITTED.
3. THESE GENERAL CONDITIONS APPLY TO ANY PROCUREMENT OF PRODUCT OR SERVICES THAT EXCEED
$15,000.00 IN COST.
4. ERROR-QUANTITY: BID PRICE MUST BE SUBMITTED ON UNITS OF QUANTITY SPECIFIED, EXTENDED, AND
TOTAL SHOWN. IN THE EVENT OF DISCREPANCIES IN EXTENSIONS, THE UNIT PRICE AS WRITTEN SHALL
GOVERN.
5. PRICING: BID PRICE(S) QUOTED MUST BE HELD FIRM FOR NINETY(90) DAYS TO ALLOW FOR EVALUATION
UNLESS OTHERWISE STATED IN THIS DOCUMENT.
6. TAXES: THE TOWN OF TROPHY CLUB IS EXEMPT FROM FEDERAL MANUFACTURER’S EXCISE AND STATE
SALES TAX. TAX MUST NOT BE INCLUDED IN BID. TAX EXEMPTION CERTIFICATES WILL BE EXECUTED BY
THE TOWN AND FURNISHED UPON REQUEST.
7. SPECIFICATION-SAMPLES: ANY CATALOG, BRAND NAMES, OR MANUFACTURER’S REFERENCE IN THIS BID
PACKET IS DESCRIPTIVE AND NOT RESTRICTIVE, AND IS USED TO INDICATE TYPE AND QUALITY LEVEL
DESIRED FOR COMPARISON PURPOSES UNLESS OTHERWISE NOTED. BIDS ON BRANDS OF LIKE NATURE
AND QUALITY MAY BE CONSIDERED UNLESS SPECIFICALLY EXCLUDED. SAMPLES, IF REQUIRED, SHALL BE
FURNISHED FREE OF EXPENSE TO THE TOWN. SAMPLES SHOULD NOT BE ENCLOSED WITH BID UNLESS
REQUESTED.
8. PATENT RIGHTS: THE VENDOR AGREES TO INDEMNIFY AND HOLD THE TOWN HARMLESS FROM ANY CLAIM
INVOLVING PATENT RIGHT INFRINGEMENT OR COPYRIGHTS ON GOODS SUPPLIED.
9. EVALUATION: RESPONSE TO SPECIFICATION IS PRIMARY IN DETERMINING THE LOWEST RESPONSIBLE BID.
10. FUNDING: THE TOWN OF TROPHY CLUB IS A GENERAL LAW MUNICIPALITY OPERATED AND FUNDED ON AN
OCTOBER 1 TO SEPTEMBER 30 BASIS; ACCORDINGLY, THE TOWN RESERVES THE RIGHT TO TERMINATE,
WITHOUT LIABILITY TO THE TOWN, ANY CONTRACT FOR WHICH FUNDING IS NOT AVAILABLE.
11. ASSIGNMENT: THE SUCCESSFUL BIDDER SHALL NOT SELL, ASSIGN, TRANSFER OR CONVEY THIS
CONTRACT IN WHOLE, OR PART, WITHOUT THE PRIOR WRITTEN CONSENT OF THE TOWN.
12. AUDIT: THE TOWN OF TROPHY CLUB RESERVES THE RIGHT TO AUDIT THE RECORDS AND PERFORMANCE
OF SUCCESSFUL BIDDER DURING THE CONTRACT AND FOR THREE YEARS THEREAFTER.
13. PROTESTS: ALL PROTESTS REGARDING THE BID SOLICITATION PROCESS MUST BE SUBMITTED IN WRITING
TO THE TOWN’S DIRECTOR OF PUBLIC WORKS WITHIN FIVE (5) WORKING DAYS FOLLOWING THE OPENING
OF BIDS. THIS INCLUDES ALL PROTESTS RELATING TO ADVERTISING OF BID NOTICES, DEADLINES, BID
OPENING, AND ALL OTHER RELATED PROCEDURES UNDER THE LOCAL GOVERNMENT CODE, AS WELL AS
ANY PROTESTS RELATING TO ALLEGED IMPROPRIETIES OR AMBIGUITIES IN THE SPECIFICATIONS.
THE LIMITATION DOES NOT INCLUDE PROTESTS RELATING TO STAFF RECOMMENDATIONS AS TO AWARD OF
THIS BID. PROTESTS RELATING TO STAFF RECOMMENDATIONS MAY BE DIRECTED TO THE TOWN COUNCIL
BY CONTACTING THE TOWN SECRETARY. ALL STAFF RECOMMENDATIONS WILL BE MADE AVAILABLE FOR
PUBLIC REVIEW PRIOR TO CONSIDERATION BY THE TOWN COUNCIL.
14. INSURANCE AND BONDING: BIDDER SHALL COMPLY WITH ALL INSURANCE AND BONDING REQUIREMENTS
AS SPECIFIED IN THE BID/CONTRACT DOCUMENTS. FAILURE TO MEET SUCH REQUIREMENTS SHALL
DISQUALIFY THE BIDDER FROM AWARD.
Citizens Financial Advisory Board Page 13 of 123 Meeting Date: Monday, January 12, 2015
15. LATE BIDS: BID PACKETS RECEIVED AFTER SUBMISSION DEADLINE SHALL BE RETURNED UNOPENED AND
WILL BE CONSIDERED VOID AND UNACCEPTABLE. THE TOWN OF TROPHY CLUB IS NOT RESPONSIBLE FOR
THE LATENESS OF MAIL CARRIER, WEATHER CONDITIONS, ETC.
16. ALTERING BIDS: BID PRICES CANNOT BE ALTERED OR AMENDED AFTER SUBMISSION DEADLINE. ANY
INTERLINEATION ALTERATION, OR ERASURE MADE BEFORE OPENING TIME MUST BE INITIALED BY THE
SIGNER OF THE BID, GUARANTEEING AUTHENTICITY.
17. WITHDRAWAL OF BIDS: A BID PRICE MAY NOT BE WITHDRAWN OR CANCELED BY THE BIDDER FOR A
PERIOD OF NINETY (90) DAYS FOLLOWING THE DATE DESIGNATED FOR THE RECEIPT OF BIDS WITHOUT
WRITTEN APPROVAL OF THE TOWN, AND BIDDER SO AGREES UPON SUBMITTAL OF BID.
18. PRESENTATION OF BIDS: COMPLETE BID PACKETS MUST BE PRESENTED IN A SEALED ENVELOPE.
19. CHANGE ORDERS: NO ORAL STATEMENT OF ANY PERSON SHALL MODIFY OR OTHERWISE CHANGE, OR
AFFECT THE TERMS, CONDITIONS OR SPECIFICATIONS STATED IN THE RESULTING CONTRACT. ALL CHANGE
ORDERS TO THE CONTRACT WILL BE MADE IN WRITING BY THE TOWN OF TROPHY CLUB.
20. ADDENDA: ANY INTERPRETATIONS, CORRECTIONS OR CHANGES TO THIS BID PACKET WILL BE MADE BY
ADDENDA. ADDENDA WILL BE SENT TO ALL WHO ARE KNOWN TO HAVE RECEIVED A COPY OF THIS BID
PACKET. IF THE ADDENDA CONTAINS CHANGES TO THE "SPECIFICATION" OR "BID PROPOSAL FORM",
BIDDERS SHALL ACKNOWLEDGE RECEIPT OF ALL ADDENDA OR THEY WILL BE DECLARED NON-RESPONSIVE.
21. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS/ AWARD BASED UPON BEST
VALUE: A PROSPECTIVE BIDDER MUST AFFIRMATIVELY DEMONSTRATE BIDDER’S RESPONSIBILITY. THE
TOWN’S AWARD OF BID WILL BE BASED UPON BEST VALUE TO THE TOWN IN ACCORDANCE WITH TEXAS LAW.
THE TOWN OF TROPHY CLUB MAY REQUEST REPRESENTATION AND OTHER INFORMATION SUFFICIENT TO
DETERMINE BIDDER’S ABILITY TO MEET THESE MINIMUM STANDARDS AND TO EVALUATE AND DETERMINE
BEST VALUE TO THE TOWN, INCLUDING BUT NOT LIMITED TO:
RESPONSIBILITY:
IN DETERMINING RESPONSIBILITY, TOWN MAY CONSIDER:
A HAVE ADEQUATE FINANCIAL RESOURCES, OR THE ABILITY TO OBTAIN SUCH RESOURCES AS
NEEDED;
B. BE ABLE TO COMPLY WITH THE REQUIRED OR PROPOSED DELIVERY SCHEDULE;
C. HAVE SATISFACTORY RECORD OF PERFORMANCE;
D. HAVE A SATISFACTORY RECORD OF INTEGRITY AND ETHICS;
E. BE OTHERWISE QUALIFIED AND ELIGIBLE TO RECEIVE AN AWARD;
BEST VALUE:
IN DETERMINING THE BEST VALUE FOR THE TOWN, THE TOWN MAY CONSIDER:
A. THE PURCHASE PRICE;
B. THE REPUTATION OF THE BIDDER AND THE BIDDER’S GOODS OR SERVICES;
C. THE QUALITY OF THE BIDDER’S GOODS OR SERVICES;
D. THE EXTENT TO WHICH THE GOODS OR SERVICES MEET THE TOWN’S NEEDS;
E. THE BIDDER’S PAST RELATIONSHIP WITH THE TOWN
F. THE BIDDER’S ABILITY TO COMPLY WITH LAWS AND RULES RELATING TO CONTRACTING WITH HISTORICALLY
UNDERUTILIZED BUSINESSES AND NONPROFIT ORGANIZATIONS EMPLOYING PERSONS WITH DISABILITIES;
G. THE TOTAL LONG-TERM COST TO THE TOWN TO ACQUIRE THE BIDDER’S GOODS OR SERVICES;
H. THE BIDDER’S ABILITY TO GUARANTEE COMPLIANCE WITH DEADLINES AND QUALITY STANDARDS; AND
I. THE BIDDERS ABILITY TO COMPLY WITH ALL LAWS REGULATING EMPLOYEE ELIGIBILITY TO WORK IN THE
UNITED STATES.
22. SUCCESSFUL BIDDER SHALL DEFEND, INDEMNIFY AND SAVE HARMLESS THE TOWN OF TROPHY CLUB AND
ALL ITS OFFICERS, AGENTS AND EMPLOYEES AND ALL ENTITIES, THEIR OFFICERS, AGENTS AND
EMPLOYEES WHO ARE PARTICIPATING IN THIS CONTRACT FROM ALL SUITS, ACTIONS, OR OTHER CLAIMS OF
ANY CHARACTER, NAME AND DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY INJURY OR DAMAGES
RECEIVED OR SUSTAINED BY ANY PERSONS, OR PROPERTY ON ACCOUNT OF ANY NEGLIGENT ACT OR
FAULT OF THE SUCCESSFUL BIDDER, OR OF ANY AGENT, EMPLOYEE, SUBCONTRACTOR OR SUPPLIER IN
THE EXECUTION OF, OR PERFORMANCE UNDER, ANY CONTRACT WHICH MAY RESULT FROM BID AWARD.
SUCCESSFUL BIDDER SHALL PAY ANY JUDGMENT WITH COSTS, INCLUDING REASONABLE ATTORNEYS FEES,
WHICH MAY BE OBTAINED AGAINST THE TOWN OF TROPHY CLUB AND PARTICIPATING ENTITIES GROWING
OUT OF SUCH INJURY OR DAMAGE.
Citizens Financial Advisory Board Page 14 of 123 Meeting Date: Monday, January 12, 2015
23. TERMINATION FOR DEFAULT: THE TOWN OF TROPHY CLUB RESERVES THE RIGHT TO ENFORCE THE
PERFORMANCE OF THIS CONTRACT IN ANY MANNER PRESCRIBED BY LAW OR DEEMED TO BE IN THE BEST
INTEREST OF THE TOWN IN THE EVENT OF BREACH OR DEFAULT OF THIS CONTRACT. THE TOWN
RESERVES THE RIGHT TO TERMINATE THE CONTRACT IMMEDIATELY IN THE EVENT THE SUCCESSFUL
BIDDER FAILS TO 1) MEET DELIVERY SCHEDULES OR, 2) OTHERWISE PERFORM IN ACCORDANCE WITH
THESE SPECIFICATIONS. BREACH OF CONTRACT OR DEFAULT AUTHORIZES THE TOWN TO AWARD TO
ANOTHER BIDDER, PURCHASE ELSEWHERE AND CHARGE THE FULL INCREASE IN COST AND HANDLING TO
THE DEFAULTING SUCCESSFUL BIDDER.
24. REMEDIES: THE SUCCESSFUL BIDDER AND THE TOWN OF TROPHY CLUB AGREE THAT EACH PARTY HAS
RIGHTS, DUTIES , AND REMEDIES AVAILABLE AS STATED IN THE UNIFORM COMMERCIAL CODE AND ANY
OTHER AVAILABLE REMEDY, WHETHER IN LAW OR EQUITY.
25. VENUE: THIS AGREEMENT WILL BE GOVERNED AND CONSTRUCTED ACCORDING TO THE LAWS OF THE
STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN TARRANT/DENTON COUNTY, TEXAS. EXCLUSIVE
VENUE SHALL BE IN DENTON COUNTY, TEXAS.
26. SILENCE OF SPECIFICATION: THE APPARENT SILENCE OF THESE SPECIFICATIONS AS TO ANY DETAIL OR TO
THE APPARENT OMISSION FROM IT OF A DETAILED DESCRIPTION CONCERNING ANY POINT, SHALL BE
REGARDED AS MEANING THAT ONLY THE BEST COMMERCIAL PRACTICES ARE TO PREVAIL. ALL
INTERPRETATIONS OF THESE SPECIFICATIONS SHALL BE MADE ON THE BASIS OF THIS STATEMENT.
27. PREPARATION COST: THE TOWN WILL NOT BE LIABLE FOR ANY COSTS ASSOCIATED WITH THE
PREPARATION, TRANSMITTAL, OR PRESENTATION OF ANY PROPOSALS OR MATERIALS SUBMITTED IN
RESPONSE TO ANY BID, QUOTATION, OR PROPOSAL.
28. MINOR DEFECT: THE TOWN RESERVES THE RIGHT TO WAIVE ANY MINOR DEFECT, IRREGULARITY, OR
INFORMALITY IN ANY BID. THE TOWN MAY ALSO REJECT ANY OR ALL BIDS.
29. BID OPENINGS: ALL BIDS SUBMITTED WILL BE READ AT THE TOWN’S REGULARLY SCHEDULED BID
OPENING FOR THE DESIGNATED PROJECT. HOWEVER, THE READING OF A BID AT BID OPENING SHOULD
NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS OF SUCH BID OR AS ANY INDICATION
THAT THE TOWN ACCEPTS SUCH BID AS RESPONSIVE.
THE TOWN WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON
COMPLIANCE WITH ALL APPLICABLE LAWS, TOWN OF TROPHY CLUB PURCHASING GUIDELINES, AND
PROJECT DOCUMENTS, INCLUDING BUT NOT LIMITED TO THE PROJECT SPECIFICATIONS AND CONTRACT
DOCUMENTS. THE TOWN WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND,
ACCORDING TO STATE LAW , ALL BIDS RECEIVED WILL BE AVAILABLE FOR INSPECTION AT THAT TIME.
Citizens Financial Advisory Board Page 15 of 123 Meeting Date: Monday, January 12, 2015
STATEMENT OF BIDDER’S QUALIFICATIONS
This form will be used in assessing a Bidder’s Qualification and will be used to
determine if bid submitted is from a responsible bidder. State law designates that
contracts be awarded to the lowest responsible qualified bidder. Factors such as past
performance, integrity of the bidder, conformity to the specifications, etc., will be used in
evaluating bids. Attach additional sheet(s) as necessary.
Name:
____________________________________________________
Business Address:
____________________________________________________
How many years has your company been in business under its present name?
___________
How many years has your firm been performing the specific type of work involved in this
present contract?
______________________________________________________________________
______
List any relevant Certifications, Licenses, Registrations, etc., which qualify your
company to meet the requirements of this bid.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______
List all other contracts your company currently holds (current client list) for similar
services for accounts similar in size, scope and nature to that of the Town of Trophy
Club. Include account name, nature of service(s) and annual dollar value.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______
In the past three years, has you company failed to complete nay work awarded to it?
If yes, provide details on when, where and why.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______
Citizens Financial Advisory Board Page 16 of 123 Meeting Date: Monday, January 12, 2015
In the past three years, has your company had a contract terminated for failure to
perform, or for failure to meet any requirements of the contract?
If yes, provide details on when, where and why.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______
In the past three years, have you, or your company, been cited by the Labor
Department of the State of Texas, or by any State or local agency, for any violations of
state, local or federal, labor laws, regulations, or guidelines, for nonpayment of wages
and/or benefits to your employees?
If yes, provide details on when, where and why.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______
Are there any judgments, claims or suits, pending, or outstanding, against your
company, or its officers?
If yes, provide details on when, where or why.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______
Is your company, or any of its principals, presently debarred, suspended, proposed for
debarment, declared ineligible, or involuntarily or voluntarily excluded by any State, or
Federal, agency from participate in bidding on construction projects?
If yes, please attach a letter of explanation.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______
ACKNOWLEDGMENT: I (We), the undersigned, hereby certify that the above
information is true and accurate and that the Agency will rely on said information as a
basis for determining the bidder’s qualifications for the Project being bid. The
undersigned further understands that any material misrepresentation, or inaccuracy,
stated above will result in bidder’s disqualification, or if applicable, will constitute
grounds for the termination of the contract for construction, should one have been
issued to the bidder.
Citizens Financial Advisory Board Page 17 of 123 Meeting Date: Monday, January 12, 2015
Name of Company:
__________________________________________________________
Signature:
__________________________________________________________
Print Name:
__________________________________________________________
Title:
__________________________________________________________
REFERENCES
Proposals should include five institutions, of similar or the same size, where your
organization has provided athletic field maintenance services similar to those being
requested at the Town of Trophy Club. Please include name, title, telephone number
and email address of a contact person at each institution. References may be
checked electronically; the requirement for email addresses is a mandatory
requirement.
1. Institution:
Contact:
Phone number:
Email address:
2. Institution:
Contact:
Phone number:
Email address:
3. Institution:
Contact:
Phone number:
Email address:
4. Institution:
Contact:
Phone number:
Email address:
Citizens Financial Advisory Board Page 18 of 123 Meeting Date: Monday, January 12, 2015
5. Institution:
Contact:
Phone number:
Email address:
Citizens Financial Advisory Board Page 19 of 123 Meeting Date: Monday, January 12, 2015
SECTION 4.
BID PROPOSAL FORM
TO
THE TOWN OF TROPHY CLUB, TEXAS
FOR
PARK SERVICES
The undersigned, as bidder, declares (1) that the only person or parties
interested in this proposal as principals are those named herein; (2) that this proposal is
made without collusion with any other person, firm, or corporation; (3) that bidder has
carefully examined the Bid/Contract Documents, including but not limited to the
Agreement, Notice to Contractors, specifications and the plans therein referred to; and
(4) that bidder has carefully examined the locations and conditions of the proposed work
sites. The undersigned agrees that he will provide all the necessary labor, equipment,
materials, tools apparatus, and other items incidental to providing landscape services as
specified in the contract and specifications to the satisfaction and approval of the Parks
and Recreation Director of the Town of Trophy Club or his designee.
It is understood that the frequency of services to be provided at unit prices are
approximate only, and are intended principally to serve as a guide in evaluating bids.
It is further agreed that the frequency of work to be done at unit prices and
material to be furnished may be increased or diminished as may be necessary to
complete the work fully as planned and contemplated, and that the frequency of work,
whether increased or decreased, is to be performed at the unit prices set forth below
except as provided for in the specifications.
Accompanying this proposal is a cashier's check, certified check, or a bid bond in
the amount of five percent (5%) of the amount bids, ($__________________________).
The bid security accompanying this proposal shall be returned to all unsuccessful
bidders. In the event the Town accepts the proposal and the bidder fails to execute a
contract, file a performance bond, a payment bond, and insurance meeting the
requirements specified herein, within the time frames specified herein (not to exceed 10
business days), the bid security shall become the property of the OWNER and shall be
considered as payment for damages due to delay, additional work, and inconvenience
suffered by the OWNER on account of such failure of the bidder.
It is understood that the work is to be completed in full within the time designated
and that the successful bidder shall commence work within ten (10) calendar days of
Citizens Financial Advisory Board Page 20 of 123 Meeting Date: Monday, January 12, 2015
Town’s written notice to proceed and shall substantially complete such work as required
by the Town within the time frame(s) designated by Town in the performance schedule.
It is understood that the OWNER reserves the right to reject any and all bids.
The undersigned bidder proposes to do the work, within specified times, and for the
following sums:
BID PROPOSAL
SERVICE AREAS: Entrances to Medlin Cemetery; Fox Point; Eagle’s Ridge; The
Woods; Trophy Lake Drive to Village Trail to Highway 114; Medians, slip roads and
common areas on Trophy Club Drive; Medians on Trophy Lake Drive; common areas
west of Trophy Lake Drive; Medians on Indian Creek Drive; Medians on Trophy Wood
Drive; Lot on Sonora; Lot on Oakhill Drive; Triangle by Bridge on Trophy Club Drive;
Fairway Village Common Area; Oakhill Triangle; Ave 20 medians (2); Two (2) Medians
on Summit Cove; Two (2) Medians on Troon Drive; One (1) Median on Muirfield Court;
One (1) Median on Colonial Court; (1) Median on Lake Forrest Drive; One (1) Median
on Cypress Court; One (1) Median on Brookhollow Lane; One (1) Median on St.
Andrews Court; One (1) Median on Lake Forrest Court; One (1) Median on Turnbury
Court; One (1) Median on Glen Eagles Court; One (1) Median on Sunrise Court; One
(1) Median on East Hillside Place; One (1) Median on Skyline Drive; One (1) Median on
Rushing Creek Court; One (1) Median on Roaring Creek; One (1) Median on Spring
Creek; One (1) Median on Straight Creek; Street Shoulder on Indian Creek, beginning
at Lot #74 on Colonial Court to Lot #1 at Troon Court; Street Shoulder on Trophy Club
Drive from Lee Court to Lot # ____ on Oakhill Drive; Trophy Lake Drive and Village
Trail; Area East of Beck Creek bordered by Winding Creek Court and Highway 114;
Skyline Park; Public trail system in The Lakes Subdivision; Various berm areas fronting
Highway 114; Beck Creek; The Lakes’ Subdivision Creek; Three(3) open space areas;
Bobcat Blvd common areas and medians; Various entrance and common space areas
within the Highlands; Trails and open space; Independence Park; Harmony Park;
Freedom Park; Lakeview Park; Trophy Club Park; Open space adjacent to the northern
linear trail and ponds; Public Services Building; Police station; MUD lift stations 1-13;
Svore Building; MUD water storage area The Service Areas are identified for each area
in the section titled exhibits, attached hereto.
Maintenance Schedule:
Citizens Financial Advisory Board Page 21 of 123 Meeting Date: Monday, January 12, 2015
MEDIANS AND RELATED AREAS IRRIGATED:
Entrance to Medlin Cemetary; Fox Point; Eagle’s Ridge; The Woods; Trophy Lake Drive
to Village Trail to Highway 114; Public Trail System in The Lakes’ Subdivision; Trophy
Wood Drive Medians; Trophy Lake Drive Medians; Trophy Club Drive Medians, slip
roads and common areas; Indian Creek Drive Medians; Oak hill Triangle; Lake forest
median; Muirfield Ct median; Fairway Village common area; Brook Hollow Ln; Trophy
Club Dr connecting trail; Common area west side of Trophy Lake Dr; Trophy Wood
sidewalks; police station; Public Service building; Ave 20 medians (2); Summit Cove
medians (2) Rosebay Ct lot #48 in Highlands.
Mowing Services: Mow, weed-eat, edge, trash removal (1) one time per week for (36)
weeks.
Cost per cycle _________
36 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Hedging/pruning shrubs: Hedge and prune shrubs/bushes (include disposal of
debris) (8) times annually.
Cost per cycle _________
8 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Mulching: Mulch (2) times per year with cypress.
1. Tree rings and collars
2. Flowering beds and plant beds
3. Hedge lines
4. Median beds
Cost per cycle _________
2 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Citizens Financial Advisory Board Page 22 of 123 Meeting Date: Monday, January 12, 2015
MEDIANS AND RELATED AREAS NON-IRRIGATED:
Lot #___ on Sonora; Triangle by Bridge on Trophy Club Drive; Lot #___ and ___ on
Oakhill Drive; One (1) Median on Colonial Court; One (1) Median on Cypress Court;
One (1) Median on St. Andrews Court; One (1) Median on Lake Forrest Court; One (1)
Median on Turnbury Court; One (1) Median on Glen Eagles Court; One (1) Median on
Sunrise Court; One (1) Median on East Hillside Place; One (1) Median on Rushing
Creek Court; One (1) Median on Roaring Creek; One (1) Median on Spring Creek; One
(1) Median on Straight Creek; Street Shoulder on Indian Creek, beginning at Lot #74 on
Colonial Court to Lot #1 at Troon Court; Street Shoulder on Trophy Club Drive from Lee
Court to Lot # ____ on Oakhill Drive; Trophy Lake Drive and Village Trail; Area East of
Beck Creek bordered by Winding Creek Court and Highway 114; Skyline Park, (2) open
space areas; Bobcat Blvd common area, Roanoke side; water tower property on Bobcat
Blvd. common area between creek and quorum apts.
Mowing Services: Mow, weed eat, edge, trash removal (1) one time per week for 18
weeks.
Cost per cycle: _________
18 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Hedging/pruning shrubs: Hedge and prune shrubs/bushes (include disposal of debris)
(8) times annually.
Cost per cycle _________
8 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Mulching: Mulch (2) times per year with cypress.
1. Tree rings and collars
2. Flowering beds and plant beds
3. Hedge lines
4. Median beds
Cost per cycle _________
2 Cycles per year
Citizens Financial Advisory Board Page 23 of 123 Meeting Date: Monday, January 12, 2015
Annual Cost (#Cycles X Cost/cycle): _________
Citizens Financial Advisory Board Page 24 of 123 Meeting Date: Monday, January 12, 2015
BRUSH-HOG/ROUGH MOW AREAS:
Area east of Freedom Park; area at the termination of Trophy Park Drive; 114 Burm
between Trophy Club Drive and Trophy Lake Drive; Common areas along linear trail
system and adjacent Highland areas.
Mowing Services: Brush-hog, trash removal eight (8) time per year.
Cost per cycle: _________
8 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Citizens Financial Advisory Board Page 25 of 123 Meeting Date: Monday, January 12, 2015
NORTH LINEAR TRAIL SYSTEM
10’ swath cut on either side of the trail where possible; 10’ swath cut behind resident;
weed-eat behind resident fences. Also cut and weedeat around accessible part of
ponds.
Mowing Services: Mow, weed-eat, edge, trash removal eighteen (18) times per year.
Cost per cycle: _________
18 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Citizens Financial Advisory Board Page 26 of 123 Meeting Date: Monday, January 12, 2015
FREEDOM PARK
Annual:
1. Install new fibar in playground
2. Replace artificial turf in big dog entrance
3. Install pea-gravel in both entrances
Bi-annual:
1. Add sand to sand box
2. Aerate dog park
Cost per cycle: _________
2 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Quarterly:
Till fibar
Cost per cycle: _________
4 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Mowing Services:
Mow, weed-eat and edge (36) times per year (must be done on Tuesdays)
Cost per cycle: __________
36 Cycles per year
Annual Cost (#Cycles X Cost/cycle): __________
Citizens Financial Advisory Board Page 27 of 123 Meeting Date: Monday, January 12, 2015
Bi-weekly maintenance:
1. Rake decomposed granite
2. Inspect playground
3. Remove debris in parking lot and front entrance
4. Blow parking lot
Cost per cycle _________
104 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Daily Maintenance:
1. Inspect drinking fountains and wash stations
2. Remove ground trash and replace liners
3. Remove dog feces
4. Inspect entry gates (5)
5. Inspect 3 double gates
6. Inspect doggy stations/replace bags
7. Rake playground
8. Wash out and refill large dog bowls
9. Inspect dog equipment
10. Adjust and repair all park signage
Cost per cycle: _________
258 Cycles per year
Annual Cost (#Cycles X Cost/cycle) _________
Citizens Financial Advisory Board Page 28 of 123 Meeting Date: Monday, January 12, 2015
HARMONY PARK
Mowing Services:
Mow, weed-eat and edge common areas and trails (42) times per year
Cost per cycle: __________
42 Cycles per year
Annual Cost (#Cycles X Cost/cycle): __________
Bi-weekly maintenance:
1. Inspect and replace “doggy” bags at doggy stations
2. Clean bathrooms:
a. Scrub toilets
b. Clean sinks
c. Power-wash walls and floor
3. Inspect playground
4. Check basketball courts and goal chains
Cost per cycle: __________
104 Cycles per year
Annual Cost (#Cycles X Cost/cycle): __________
Bi-annual maintenance:
1. Add “play sand” to sand box (2” below concrete lip)
2. Aerate soccer fields
Cost per cycle: __________
2 Cycles per year
Annual Cost (#Cycles X Cost/cycle): __________
Citizens Financial Advisory Board Page 29 of 123 Meeting Date: Monday, January 12, 2015
Annually:
1. Add new fibar to playground
2. Scalp and remove clippings (soccer fields – fall)
3. Overseed soccer fields with Rye
4. Install sod in bare areas (soccer fields)
5. Top dress soccer fields
6. Add decompose granite to bocce ball court
Cost per cycle __________
Annual cost (#Cycles X Cost/cycle): __________
Daily maintenance:
1. Remove ground trash and replace liners
2. Remove debris and blow tennis courts
3. Rake/ remove debris bocce ball courts
4. Remove debris and blow off pavilion, trails and parking lot
5. Rake playgrounds (2)
6. Inspect bleachers, grills and picnic tables
7. Inspect/service restrooms
a. Restock toilet paper
b. Refill soap dispensers
c. Inspect toilets
d. Inspect sinks
Cost per cycle: _________
258 cycles per year
Annual cost (#Cycles X Cost/cycle): _________
Quarterly:
Till fibar in playgrounds
Cost per cycle: _________
4 cycles per year
Annual cost (#Cycles X Cost/cycle): _________
Citizens Financial Advisory Board Page 30 of 123 Meeting Date: Monday, January 12, 2015
Athletic maintenance:
Reel mow soccer fields and weed-eat interior and perimeter fields twice per week
for (36) weeks
Cost per cycle __________
72 cycles
Annual cost (#Cycles X Cost/cycle) __________
Reel mow Ryed soccer fields once per week for (12) weeks
Cost per cycle _________
12 cycles
Annual cost (#Cycles X Cost/cycle) _________
Paint soccer field lines (20) times per year
Cost per cycle _________
20 cycles
Annual cost (#Cycles X Cost/cycle) _________
Citizens Financial Advisory Board Page 31 of 123 Meeting Date: Monday, January 12, 2015
LAKEVIEW PARK:
Mowing Services:
Mow, weed-eat and edge common areas and trail (36) times per year
Cost per cycle: ________
36 cycles per year
Annual cost (#Cycles X Cost/cycle): ________
Athletic maintenance:
Reel mow soccer fields twice per week for (36) weeks
Cost per cycle __________
72 cycles
Annual cost (#Cycles X Cost/cycle) __________
Reel mow Ryed soccer fields once per week for (12) weeks
Cost per cycle __________
12 cycles
Annual cost (#Cycles X Cost/cycle) _________
Paint soccer field lines (9) nine times per year
Cost per cycle _________
9 cycles
Citizens Financial Advisory Board Page 32 of 123 Meeting Date: Monday, January 12, 2015
Annual cost (#Cycles X Cost/cycle) _________
Daily maintenance:
1. Remove ground trash and replace liners
2. Inspect porta potties
Cost per cycle: ________
258 cycles per year
Annual cost (#Cycles X Cost/cycle): ________
Bi-annual maintenance:
Aerate fields (2) times per year
Cost per cycle: ________
2 cycles per year
Annual cost (#Cycles X Cost/cycle): ________
Annual maintenance:
Top dress soccer fields
Cost per cycle: ________
Annual cost (#Cycles X Cost/cycle): ________
Citizens Financial Advisory Board Page 33 of 123 Meeting Date: Monday, January 12, 2015
INDEPENDENCE PARK:
Mowing Services:
Mow, weed-eat and edge common areas and trail (36) times per year
Cost per cycle: __________
36 Cycles per year
Annual Cost (#Cycles X Cost/cycle): __________
Athletic maintenance:
Walk-behind Reel mow infields twice per week for (36) weeks
Cost per cycle __________
72 cycles
Annual cost (#Cycles X Cost/cycle) __________
Reel mow outfields twice per week for (36) weeks
Cost per cycle __________
72 cycles
Annual cost (#Cycles X Cost/cycle) __________
Weed-eat baseball field interior and exterior perimeters twice per week for (36)
weeks
Cost per cycle __________
36 cycles
Citizens Financial Advisory Board Page 34 of 123 Meeting Date: Monday, January 12, 2015
Annual cost (#Cycles X Cost/cycle) __________
Daily maintenance:
1. Remove ground trash and replace liners
2. Inspect and remove debris on tennis courts
3. Restock toilet paper and soap dispensers
4. Check restrooms and clean
5. Blow all debris on trails
6. Inspect water fountains
7. Inspect/service restrooms
a. Restock toilet paper
b. Refill soap dispensers
c. Inspect toilets
d. Inspect sinks
Cost per cycle __________
36 cycles per year
Annual cost (#Cycles X Cost/cycle) __________
Twice a week maintenance (during baseball use of fields – 32 weeks):
1. Power wash pavilion
2. Power wash restrooms
a. Scrub toilets
b. Clean sinks
c. Power-wash walls and floor
3. Remove accumulated infield material from surrounding turf in running
lanes, arch, home plate and pitching mound
4. Remove all debris in dugouts
5. Remove all debris from infield
6. Wash down bleacher areas and dugouts
7. Blow parking lot
8. Refill clay in pitching mounds
9. Inspect all gates and double gates
10. Inspect playground
11. Inspect basket ball backboards and nets
12. Chalk field lines
Cost per cycle __________
Citizens Financial Advisory Board Page 35 of 123 Meeting Date: Monday, January 12, 2015
64 cycles per year
Annual cost (#Cycles X Cost/cycle) __________
Twice a month maintenance:
1. Wash off accumulated infield material from surrounding turf in running
lanes, arch, home plate and pitching mound
2. Replace clay bricks in home plate areas
3. Clean out underground drains in fields 5,6 and 7
4. Add clay to all bullpens
5.
Once a month maintenance (warm season):
Aerate fields only during warm season
Cost per cycle __________
Annual cost (#Cycles X Cost/cycle) __________
Quarterly:
Till fibar in playgrounds
Cost per cycle: _________
4 cycles per year
Annual cost (#Cycles X Cost/cycle): _________
Bi-annual maintenance:
1. Add mulch to exercise stations
2. Add mulch to veterans memorial flower bed
3. Add mulch to all existing tree rings
Citizens Financial Advisory Board Page 36 of 123 Meeting Date: Monday, January 12, 2015
4. Till all of skinned areas and add conditioner
5. Rebuild all pitching mounds
Cost per cycle: _________
2 cycles per year
Annual cost (#Cycles X Cost/cycle): _________
Annual maintenance:
1. Top dress all sports fields
2. Replace all pitching rubbers and home plates
3. Replace all bases
Cost per cycle: _________
Annual cost (#Cycles X Cost/cycle): _________
Citizens Financial Advisory Board Page 37 of 123 Meeting Date: Monday, January 12, 2015
COMMUNITY POOL:
Mowing Services:
Mow, weed-eat and edge common areas, sidewalks (24) times per year
Cost per cycle: __________
24 Cycles per year
Annual Cost (#Cycles X Cost/cycle): __________
Mowing Services:
Mow, weed-eat and edge common areas, sidewalks (12) times per year
during pool season (must be done on Tuesdays)
Cost per cycle: __________
12 Cycles per year
Annual Cost (#Cycles X Cost/cycle): __________
Citizens Financial Advisory Board Page 38 of 123 Meeting Date: Monday, January 12, 2015
TROPHY CLUB PARK:
Mowing Services: Mow, weed-eat, edge, trash removal along pipe rail fence and large
common areas (12) times annually.
Cost per cycle _________
12 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Mowing Services:
Mow and weed-eat beautification area (Trophy Gardens) (36) times per year
Cost per cycle: ________
36 cycles per year
Annual cost (#Cycles X Cost/cycle): ________
Citizens Financial Advisory Board Page 39 of 123 Meeting Date: Monday, January 12, 2015
MUD FACILITIES:
Lift stations 1-13:
Mowing Services: Mow, weed-eat, edge, (1) one time per week for 18 weeks.
Cost per cycle: _________
18 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Svore Building:
Mowing Services: Mow, weed-eat, and edge (1) one time per week for (36) weeks.
Cost per cycle _________
36 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Trim shrubs (1)) one time per week for (8) weeks
Cost per cycle _________
36 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Bi-annual color change:
Mulch beds and plant 16 flats of annual color
Cost per cycle _________
2 Cycles per year
Citizens Financial Advisory Board Page 40 of 123 Meeting Date: Monday, January 12, 2015
Annual Cost (#Cycles X Cost/cycle): _________
Water Storage Facility:
Mowing Services: Mow, weed-eat, edge, (1) one time per week for 18 weeks.
Cost per cycle: _________
18 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Citizens Financial Advisory Board Page 41 of 123 Meeting Date: Monday, January 12, 2015
DRAINAGE MAINTENANCE:
The Town has several drainage areas that require both trash and vegetation
removal. Work in these areas requires a minimum of three workers wearing
wading gear.
Quarterly:
40 man-hours per week
Cost per cycle: _________
4 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Citizens Financial Advisory Board Page 42 of 123 Meeting Date: Monday, January 12, 2015
WEEKEND SUPPORT:
Weekends:
Provide (4) hours general park support services for the Town both Saturday and
Sunday morning and afternoons for general labor for (36) weekends annually.
This position must be able to effectively communicate with the general public.
Cost per weekend _________
36 Cycles per year
Annual cost (#cycles X cost per weekend) _________
Citizens Financial Advisory Board Page 43 of 123 Meeting Date: Monday, January 12, 2015
IRRIGATION:
Weekly:
Provide (80) eighty hours general irrigation services for the Town, including but
not limited to: installation and repair of general and specific irrigation
components and auditing and maintaining current system (materials will be
provided by the Town).
Cost per hour _________
80 hours per week
Annual cost (#hours per week X cost per hour) _________
Citizens Financial Advisory Board Page 44 of 123 Meeting Date: Monday, January 12, 2015
CHEMICAL APPLICATION:
Annually:
Fire Ant control/ 2 lbs of Top Choice per 1,000 sq. ft
Cost per cycle: _________
Annual Cost (#Cycles X Cost/cycle): _________
Grub control/ 1.8 lbs of Merit per 1,000 sq. ft
Cost per cycle: _________
Annual Cost (#Cycles X Cost/cycle): _________
Bermuda fertilization and herbicide product and schedule for irrigated areas:
Mid-Late February
Spring Pre-Emerge – apply by the end of February for optimum control
Granular or Liquid –Barricade .75 lbs per 1,000 sq. ft.
Mid-April
21-0-0 application to kick start the Bermuda 5 lbs pr 1,000 sq. ft.
May
fertilize using 25-0-10 / 50% Uflexx / 2% Fe / 2% Mg at 6 lbs per 1,000 sq. ft.
Post emerge control of broadleaf weeds with Vessel 3-way herbicide and grassy
weeds (crabgrass) with Drive XLR8/ 2 gallons of water per 1,000 sq. ft
Citizens Financial Advisory Board Page 45 of 123 Meeting Date: Monday, January 12, 2015
July
fertilization using 25-0-10 / 50% Uflexx / 2% Fe / 2% Mg at 6 lbs per1000 sq ft
Post emerge control of nutsedge
September
fertilize using 25-0-10 / 50% Uflexx / 2% Fe / 2% Mg at 6 lbs per1000 sq ft
Should last 8 weeks
November
0-0-22 K-mag application at 5 lbs per 1000 sq ft
Prior to Spring pre-emergent application
Spot spray 1% round-up on all weeds when turf is dormant
Cost per cycle (include labor): _________
Annual Cost (#Cycles X Cost/cycle): _________
Citizens Financial Advisory Board Page 46 of 123 Meeting Date: Monday, January 12, 2015
SPECIAL EVENTS SUPPORT:
Annually:
The Town holds the following events at which we will need the specified number
of workers to be available for the amount of hours requested (this may be over a
two day period involving both set-up and take-down):
Fall Festival 4 workers/20 hours
Fall Campout 2 workers/20 hours
Christmas 4 workers/36 hours
Easter 2 workers/20 hours
Back to Nature 4 workers/32 hours
Spring Campout 2 workers/20 hours
July Fourth 11 workers/77 hours
Petfest 4 workers/32 hours
Spring Event 4 workers/32 hours
Garden Tour 3 workers/24 hours
Cost per hour _________
313 hours per year
Annual cost (#cost per hour X hours per year) _________
Citizens Financial Advisory Board Page 47 of 123 Meeting Date: Monday, January 12, 2015
MISCELLANEOUS SERVICES:
Bi-annual color change (include labor and bed prep in flat price):
Cost per flat _________
2500 flats
Annual cost (#flats X cost per flat) _________
Tree pruning and disposal:
General Labor:
Cost per hour _________
1,997 hours per year
Annual cost (#cost per hour X hours per year) _________
Citizens Financial Advisory Board Page 48 of 123 Meeting Date: Monday, January 12, 2015
TOTAL BID $__________________
Respectfully Submitted,
__________________________________________
(Company / Entity Name)
By: _______________________________________
__________________________________________
(Printed Name)
__________________________________________
(Title)
__________________________________________
(Address)
__________________________________________
In the event of the award of a contract to the undersigned, the undersigned will
(1) furnish a performance and a payment bond for the full amount of the contract as
specified herein, (2) secure proper compliance with the terms and provisions of the
contract, and (3) guarantee payment of all lawful claims for labor performed and
materials furnished in the fulfillment of the contract.
The work proposed to be done shall be accepted when the Town is satisfied that
work is fully completed and finished in accordance with the plans and specifications.
The undersigned certifies that the bid prices contained in this proposal have been
carefully checked and are submitted as correct and final.
Receipt is hereby acknowledged for the following addenda to bid proposal:
Addendum No. 1 Dated Received
Addendum No. 2 Dated Received
Addendum No. 3 Dated Received
Addendum No. 4 Dated Received
Citizens Financial Advisory Board Page 49 of 123 Meeting Date: Monday, January 12, 2015
CONTRACTOR
By:
Title
Address
Seal and Authorization
(If a Corporation) City, State, Zip
Telephone
-END OF PROPOSAL-
Citizens Financial Advisory Board Page 50 of 123 Meeting Date: Monday, January 12, 2015
SECTION 5.
RESIDENT/NON-RESIDENT
BID FORM
THE FOLLOWING INFORMATION MUST BE PROVIDED IN ORDER FOR YOUR BID
TO BE CONSIDERED:
V.T.C.A. Government Code Section 2252.002: Non-resident Bidders. Texas law
prohibits cities and other governmental units from awarding contracts to a non-resident
bidder unless the amount of such bid is lower than the lowest bid by a Texas resident by
the amount the Texas resident would be required to underbid in the non-resident
bidder’s state.
In order to make this determination, please answer the following questions:
1. Address and phone number of your principal place of business:
2. Name and address of principal place of business, and phone number of
your company’s majority owner:
3. Name and address of principal place of business, and phone number of
your company’s ultimate parent company:
Citizens Financial Advisory Board Page 51 of 123 Meeting Date: Monday, January 12, 2015
Signed by:
Contractor
Printed Name:
Date Signed:
Citizens Financial Advisory Board Page 52 of 123 Meeting Date: Monday, January 12, 2015
SECTION 6.
PARK SERVICES AGREEMENT BETWEEN
THE TOWN OF TROPHY CLUB AND CONTRACTOR
The successful bidder will be required to execute an Agreement substantially in the form
provided below. Insurance and bonding requirements must be met. The successful
bidder will be provided a final Agreement for execution subsequent to Council award of
bid.
PARK SERVICES AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THIS AGREEMENT for mowing services (hereinafter referred to as “Agreement”),
is entered into this _____ day of _______________ 2015, by and between the TOWN
OF TROPHY CLUB, TEXAS, a Home Rule Municipality (hereinafter referred to as
“Town”), and ____________ of _______, ______, Texas (hereinafter referred to as
Contractor), both acting through their duly authorized officers or employees.
WITNESSETH:
WHEREAS, Town desires to contract with Contractor to provide landscape
services for a number of areas of public or publicly controlled property within the Town
which are shown a copy of which is attached hereto and incorporated herein for all
purposes (hereinafter called “Property”); and
WHEREAS, Town, under the terms and conditions set forth herein, including
without limitation set forth in the Mowing Maintenance Specifications as specified in
Exhibit “B”, a copy of which is attached hereto and incorporated herein, is agreeable to
Contractor providing landscape services, in accordance with this Agreement, in and
upon the Property.
NOW, THEREFORE, for and in consideration of the covenants, obligations and
undertakings to be performed by each of the parties to this Agreement, the parties do
hereby agree as follows:
1. SCOPE OF SERVICES.
A. Services. Contractor shall provide the following services in accordance
Citizens Financial Advisory Board Page 53 of 123 Meeting Date: Monday, January 12, 2015
with the Contract Documents which include without limitation, the
following: Addendums to this Contract for Park Services and this
Contract for Park Services (hereinafter “Park Services”); Exhibit “C” -
“Specifications/Contract Documents for Park Services for the Town of
Trophy Club, Texas”, including without limitation Sections 1 through 12,
a copy of which is attached hereto and incorporated herein; Exhibit “D”
– Insurance Requirements; Exhibit “E” - Contractor’s Proposal”, a
copy of which is attached hereto and incorporated herein.
The above listed Contract Documents are complementary and what is
called for by one shall be as binding as if called for by all. In the event
of an inconsistency in any of the provisions of the Contract Documents,
the inconsistency shall be resolved by giving precedence to the
Contract Documents in the order in which they are listed above.
1. Mow ing:
a) rotary mowers with grass catchers or mulching capability so
that no grass is discharged onto the streets or upon sidewalks;
or
b) reel mowers with grass catchers so that no grass is discharged
onto streets or sidewalks.
2. Edging-Contractor shall edge with a blade all curbs and sidewalks
at each mowing. Edging shall be done in conjunction with each
mowing cycle. Edging with string type trimmers is not permitted
except by permission of the contract administrator.
3. Weed-eating-Contractor shall use a weed eater at each mowing to
provide a manicured appearance. Contractor shall use such weed
eater to cut all grass, weeds, and other natural plant materials in
areas where a mower may not be used, including but not limited to
weed eating around trees, edgings, shrubs, fencing and other
obstacles, whether natural or manmade.
Trimming shall be performed concurrently with mowing. Trimming
shall be done in such a way as to not damage trees or shrubs.
4. Litter/ Debris-Contractor shall remove litter/debris from property is
performed for both aesthetic and safety reasons. Litter on property
is to be removed prior to mowing. Responsibilities shall includeboth
organic and inorganic debris. Contractor is responsible for the
disposal of such debris.
5. Painting/Chalking field lines- Contractor shall apply field paint with
an airless sprayer designed for marking athletic fields. Aerosal paint
is not acceptable.
6. Core aerification- Contractor shall aerify with a tractor mounted,
pto, cam type core aerifier equippedwith ¾ inch side eject tines,
spaced on no more than 3 to 3.5 inche centers, and a minimum
coring depth of 3 inches. The cores are to be brought to the surface
and pulverized back into the turf.
Citizens Financial Advisory Board Page 54 of 123 Meeting Date: Monday, January 12, 2015
7. Topdressing- Topdressing shall be done as specified on all
Bermuda turf areas with a material that shall be of a similar profile
to the soil below the turf. It shall be applied at ¼ “ depth for proper
coverage at a rate of ¾ cubic yards per 1,000 sq. ft.
8. Mulch- Contractor shall maintain at least 3” of shredded cypress
mulch around all landscaping and flower beds.
9. Pruning- Contractor shall prune as required to maintain a
consistently uniform appearance on hedges, shrubs, trees and
ground cover. Trees must be kept 8-14’ above roads and right-of-
ways and walks depending on requirements. All pruned materials
must be removed and disposed of by the Contractor.
Pruning shall include:
a. Dead, dying or unsightly branching
b. Crossed branches
c. Sprouts growing from or near the base of the plant
d. Nuisance growth that interferes with view, walks, lighting,
or signage.
Town may either supply the materials for the Additional Maintenance
Services or may request Contractor provide a quote for those materials.
Town reserves the right to select the most financially beneficial option.
Additional Maintenance Services shall be provided to the Town at a rate not
to exceed $______ per hour.
B. Mowing Schedule. Contractor shall provide all Maintenance Services
in accordance with the maintenance schedule provided by Town. Such
schedule shall be provided annually based upon the Town’s fiscal year.
The schedule may be modified by the Town annually. Town shall
provide written notice to Contractor in the event of such modification.
Contractor shall mow according to the schedule and shall not deviate
from that schedule or provide maintenance services or any additional
services other than those specifically provided in the Town issued
maintenance schedule without the prior written authorization of Town.
3. RESPONSIBILITIES OF CONTRACTOR.
A. Contractor shall be responsible for any and all damaged sprinkler
heads and irrigation equipment, and general damage to the Property
or any equipment or fixtures thereon. It shall be the sole
responsibility of Contractor to immediately flag and report all such
damage to the Town’s Parks and Recreation Director or his designee.
Contractor shall be responsible for all costs for repairing such
damage. Town shall, in its sole discretion, deduct the costs of those
Citizens Financial Advisory Board Page 55 of 123 Meeting Date: Monday, January 12, 2015
repairs from the current payment due to Contractor. Failure by
Contractor to report any such damage to Town shall be a breach of
this Contract.
B. Contractor shall furnish or cause to be furnished, at its expense, all
labor, equipment accessories and services necessary to provide Park
Maintenance Services in accordance with this Agreement and all
specifications provided by the Town.
C. The Town shall inspect such Maintenance Services provided by
Contractor for quality and compliance with the terms of this
Agreement, and Contractor shall be required to take such steps as
are necessary to cause all such services to be accomplished in
accordance with Town standards and this Agreement.
4. TERM. This Agreement shall become effective upon signing and work
hereunder shall commence upon issuance of notice to proceed by Town.
The term of this Agreement shall be for a period of one (1) year from the
date of notice to proceed and, upon mutual agreement of the parties, may
be renewed annually for a period of three (3) terms of one (1) year each.
5. NOTICE. Contractor shall provide the Town with a primary and secondary
contact person knowledgeable about maintenance of the Property and
Additional Maintenance Services specified hereunder, along with phone
numbers where they can be each reached at all times. The Town shall
maintain a database with such information solely for the operational and
emergency purposes of the Town. Contractor shall notify the Town of any
changes in the contact persons or phone numbers within ten (10) days of
any changes in the contact information.
6. CONSIDERATION. In consideration for the compensation provided
hereinbelow, Contractor, its representatives, successors or assigns, at its
sole expense, shall furnish all labor, materials, equipment, accessories and
services, necessary to provide Park Services in accordance with the
approved Specifications and Additional Maintenance Services for the
Property as requested by the Town. Town shall pay Contractor an amount
not to exceed _____________________________________ ($_____) in
accordance with Contractor’s Proposal, a copy of which is attached hereto
and incorporated herein as Exhibit “A”. In the event of a conflict between
the terms, provisions, or pricing of Contractor’s Proposal and this
Agreement, the terms of this Agreement shall control. Total compensation
hereunder shall not exceed ____________ annually. Payments shall be
made monthly and shall be due within thirty (30) days after receipt and
approval of invoice by Town. Invoices shall be submitted in the format
required by Town.
Citizens Financial Advisory Board Page 56 of 123 Meeting Date: Monday, January 12, 2015
7. INSURANCE. Contractor, including his/her respective subcontractors,
representatives, agents, and assigns providing services in fulfillment of the
obligations of Contractor under the terms of this Agreement shall provide
and maintain insurance as specified in Exhibit “B” throughout the entire
term of this Agreement. Should Contractor fail to comply with this provision,
Town may terminate this agreement upon five (5) days written notice to
Contractor.
8. RIGHTS AND RESPONSIBILITIES OF TOWN. The Town reserves the
right to periodically inspect the Property to determine that such areas are
being properly maintained by Contractor. If, upon such inspection, Town
finds that Contractor is not properly maintaining such areas, Town shall so
notify Contractor in writing, specifying the deficiencies. If Contractor does
not remedy such deficiencies within five (5) days following receipt of such
written notice, Town shall have the option of performing the necessary
maintenance work itself and deducting such costs from payments made to
Contractor hereunder or to bill Contractor for all costs incurred, whether by a
third party independent contractor retained by Town or by the Town.
Contractor shall remit all payments to Town under this Section within ten
(10) days of receipt of a statement from the Town.
9. TERMINATION: Except as otherwise provided herein, this Agreement may
be terminated by either party with a sixty (60) day written notice. Contractor
shall notify the Town, “Attention: “Parks and Recreation Director”, in writing,
of its desire to terminate this Agreement and end its maintenance
responsibilities for the Property.
10. INDEMNIFICATION: Contractor, its representatives, successors, officers,
agents and assigns hereby covenant and agree that no claim, loss, cause of
action, suit or other action for damages resulting from death or personal
injury to any of the above, or damage to personal property belonging to any
of the above, or based in any manner upon the Landscape Services and
Additional Maintenance Services on the Property, will ever be instituted by
Contractor, its representatives, successors, or assigns against the Town, its
officials, officers, representatives, agents or employees. In the event that a
claim or cause of action is brought by a representative, successor, agent,
officer, employee, assign, or any other third party for whom Contractor is
legally liable, Contractor shall release, hold harmless, defend and indemnify
the Town against any such claim or cause of action.
Contractor, its officers, employees, agents, representatives, successors,
and assigns hereby covenant and agree to release, defend, indemnify and
hold the Town, its officials, officers, agents and employees harmless from
and against any and all claims, loses, suits, causes of action or demands of
any nature whatsoever attributable to, arising out of, or resulting from
Citizens Financial Advisory Board Page 57 of 123 Meeting Date: Monday, January 12, 2015
Landscape Services and Additional Maintenance Services for the Property.
11. ENTIRE AGREEMENT: This Agreement constitutes the entire and
complete understanding between Town and Contractor and all requirements
hereunder may be modified or amended only by written instrument executed
by Contractor and the Town, their representatives, successors, or assigns.
No other representation or agreement between Town and Contractor,
except as set forth herein, shall be binding.
12. VENUE: The laws of the State of Texas shall govern the interpretation,
validity, performance, and enforcement of this Agreement, and Denton
County shall be the exclusive venue for the bringing of any action to enforce
the terms and conditions of this Agreement.
13. SEVERABILITY. If any of the terms, sections, subsections, sentences,
clauses, phrases, provisions, covenants, conditions or any other part of this
contract are for any reason held to be invalid, void or unenforceable, the
remainder of the terms, sections, subsections, sentences, clauses, phrases,
provisions, covenants, conditions or any other part of this contract shall
remain in full force and effect and shall in no way be affected, impaired or
invalidated.
14. NONWAIVER. The parties agree that one (1) or more instances of
forbearance by Town in the exercise of its rights herein shall in no way
constitute a waiver thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
CONTRACTOR:
BY: ________________________________
(Signature)
________________________________
(Print Name)
________________________________
(Title)
TOWN OF TROPHY CLUB, TEXAS
BY: ________________________________
NICK SANDERS
Citizens Financial Advisory Board Page 58 of 123 Meeting Date: Monday, January 12, 2015
MAYOR
ATTEST:
_________________________________
TOWN SECRETARY
APPROVED AS TO FORM:
_________________________________
TOWN ATTORNEY
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF ______________ §
This instrument was acknowledged before me on the ___ day of
________________, 2015 by __________________________, __________________
of CONTRACTOR, a _________________ partnership/corporation, on behalf of such
_________.
______________________________
Notary Public, State of Texas
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the ___ day of
__________________, 2015 by NICK SANDERS, Mayor, of the TOWN OF
TROPHY CLUB, TEXAS, a general law municipality, on behalf of such
municipality.
Citizens Financial Advisory Board Page 59 of 123 Meeting Date: Monday, January 12, 2015
____________________________________
Notary Public, State of Texas
Citizens Financial Advisory Board Page 60 of 123 Meeting Date: Monday, January 12, 2015
Citizens Financial Advisory Board Page 61 of 123 Meeting Date: Monday, January 12, 2015
Citizens Financial Advisory Board Page 62 of 123 Meeting Date: Monday, January 12, 2015
EXHIBIT “A”
Specifications/Contract Documents for Landscape Services for the Town of
Trophy Club
Citizens Financial Advisory Board Page 63 of 123 Meeting Date: Monday, January 12, 2015
EXHIBIT “B”
Insurance Requirements
Citizens Financial Advisory Board Page 64 of 123 Meeting Date: Monday, January 12, 2015
EXHIBIT “C”
Contractor’s Proposal
Citizens Financial Advisory Board Page 65 of 123 Meeting Date: Monday, January 12, 2015
SECTION 7.
PERFORMANCE BOND
Citizens Financial Advisory Board Page 66 of 123 Meeting Date: Monday, January 12, 2015
PERFORMANCE BOND
STATE OF TEXAS §
§
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That ______________whose
address is _______________________________________________________,
hereinafter called Principal, and _____________________________________,
a corporation organized and existing under the laws of the State of ___________, and
fully licensed to transact business in the State of Texas, hereinafter called "Surety", are
held and firmly bound unto the TOWN OF TROPHY CLUB, TEXAS a general law
municipal corporation, hereinafter called "Beneficiary", in the penal sum of
____________________________________________________________ DOLLARS
($____________________) in lawful money of the United States, to be paid in Denton
County, Texas, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors, jointly and severally,
firmly by these presents. This Bond shall automatically be increased by the amount of
any Change Order or Supplemental Agreement which increases the Contract price, but
in no event shall a Change Order or Supplemental Agreement which reduces the
Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the
Principal entered into a certain Contract with the Town of Trophy Club, the Beneficiary,
dated on or about the _______ day of _____________________, _____, A.D. which is
incorporated herein and made a part hereof by reference, for the construction of certain
public improvements that are generally described as follows:
Landscape Services for the Town of Trophy Club
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and
fulfill all of the undertakings, covenants, terms, conditions and agreements of such
Contract in accordance with the plans, specifications and contract documents during the
original term thereof and any extension thereof which may be granted by the
Beneficiary, with or without notice to the Surety, and during the life of any guaranty or
warranty required under this Contract, and shall also well and truly perform and fulfill all
the undertakings, covenants, terms, conditions and agreements of any and all duly
authorized modifications of such Contract that may hereafter be made, notice of which
modifications to the Surety being hereby waived; and, if the Principal shall fully
indemnify and save harmless the Beneficiary from all costs and damages which
Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse
and repay Beneficiary all outlay and expense which the Beneficiary may incur in making
good any default or deficiency, then this obligation shall be void; otherwise, it shall
remain in full force and effect.
Citizens Financial Advisory Board Page 67 of 123 Meeting Date: Monday, January 12, 2015
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive
Venue shall lie in Denton County, Texas.
AND PROVIDED FURTHER, that such Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Contract or to the Work to be performed thereunder or the Specifications
accompanying the same shall in anywise affect its obligation on this Bond, and it does
hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the Contract, or to the Work or to the Specifications.
This Bond is given pursuant to the provisions of V.T.C.A., Government Code
Section 2253.001, et seq., and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety
herein as the Resident Agent in Denton County or Tarrant County to whom any
requisite notices may be delivered and on whom service of process may be had in
matters arising out of such suretyship, as provided by V.A.T.S., Insurance Code Article
7.19-1.
IN WITNESS WHEREOF, this instrument is executed in ____ copies, each one
of which shall be deemed an original, this, the _____ day of _________________,
_____.
PRINCIPAL:_____________________
BY: ___________________________
Name
ATTEST:
__________________________ TITLE: _________________________
SURETY: _______________________
BY: __________________________
Name
ATTEST:
__________________________ TITLE:_________________________
The Resident Agent of the Surety in Denton County or Tarrant County, Texas, for
delivery of notice and service of process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
Citizens Financial Advisory Board Page 68 of 123 Meeting Date: Monday, January 12, 2015
NOTE: Date on Page 1 of Performance Bond must be same date that Town Council
awarded Contract. Date on Page 2 of Performance Bond must be after the date that
Town Council awarded the Contract. If Resident Agent is not a corporation, give a
person's name.
Citizens Financial Advisory Board Page 69 of 123 Meeting Date: Monday, January 12, 2015
SECTION 8.
PAYMENT BOND
Citizens Financial Advisory Board Page 70 of 123 Meeting Date: Monday, January 12, 2015
PAYMENT BOND
STATE OF TEXAS §
§
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That ______________________
whose address is __________________________, hereinafter called "Principal", and
__________________________, a corporation organized and existing under the laws
of the State of __________, and fully licensed to transact business in the State of
Texas, hereinafter "Surety", are jointly and severally held and firmly bound unto the
TOWN OF TROPHY CLUB, TEXAS, a general law municipal corporation, hereinafter
called "Beneficiary", and unto all persons, firms, and corporations who may furnish
materials for, or perform labor upon the building or improvements described below, in
the penal sum of _____________________________________ DOLLARS
($_________________) in lawful money of the United States, to be paid in Denton
County, Texas, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors jointly and severally,
firmly by these presents. This Bond shall automatically be increased by the amount of
any Change Order or Supplemental Agreement which increases the Contract price, but
in no event shall a Change Order or Supplemental Agreement which reduces the
Contract price decrease the penal sum of this Bond.
WHEREAS, the Principal entered into a certain Contract with the Beneficiary,
dated on or about the _______ day of _______________, _____, A.D. which is
incorporated herein and made a part hereof by reference, for Park Services for the
Town of Trophy Club
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its
duties and make prompt payment to all persons, firms, subcontractors, corporations and
claimants supplying labor and/or material in the prosecution of the Work provided for in
such Contract and any and all duly authorized modifications of such Contract that may
hereafter be made, notice of which modification to the Surety is hereby expressly
waived, then this obligation shall be void; otherwise it shall remain in full force and
effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive
Venue shall lie in Denton County, Texas.
AND PROVIDED FURTHER, that the Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to
Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings,
etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it
Citizens Financial Advisory Board Page 71 of 123 Meeting Date: Monday, January 12, 2015
does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the Contract, or to the Work to be performed thereunder.
This Bond is given pursuant to the provisions of V.T.C.A., Government Code
Section 2253.001, et seq., and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety
herein as the Resident Agent in Denton County or Tarrant County to whom any
requisite notices may be delivered and on whom service of process may be had in
matters arising out of such suretyship, as provided by V.A.T.S., Insurance Code Article
7.19-1.
IN WITNESS WHEREOF, this instrument is executed in copies, each one of
which shall be deemed an original, this the __________ day of _________________,
_____.
PRINCIPAL:__________________________
BY: ________________________________
Name
ATTEST:
__________________________ TITLE:______________________________
SURETY:____________________________
BY: ________________________________
Name
ATTEST:
__________________________ TITLE:______________________________
The Resident Agent of the Surety in Denton County or Tarrant County, Texas, for delivery of
notice and service of the process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Page 1 of Payment Bond must be same date that Town Council
awarded Contract. Date on Page 2 of Payment Bond must be after the date that
Town Council awarded the Contract. If Resident Agent is not a corporation, give a
person's name.
Citizens Financial Advisory Board Page 72 of 123 Meeting Date: Monday, January 12, 2015
SECTION 9.
INSURANCE REQUIREMENTS
Citizens Financial Advisory Board Page 73 of 123 Meeting Date: Monday, January 12, 2015
INSURANCE REQUIREMENT AFFIDAVIT
TO BE COMPLETED BY APPROPRIATE INSURANCE AGENT
MUST BE RETURNED AS PART OF BID
I, the undersigned agent, certify that the insurance requirements contained in this bid
document have been reviewed by me with the below-identified contractor. If the below-
identified contractor is awarded this contract by the Town of Trophy Club, I will be able,
within ten (10) working days after being notified of such award, to furnish a valid
insurance certificate to the Town meeting all of the requirements contained in this bid.
Agent’s Signature Agent Name (Print or Type)
Name of Insurance Carrier
Address of Agency
City/State
Phone Number
Name of Contractor (Print or Type)
SUBSCRIBED AND SWORN TO before me this ____________ day of
__________________, ______.
________________________________
Notary Public, State of Texas
NOTE TO AGENT:
If this time requirement is not met, the Town has the right to declare this bidder
non-responsible and award the contract to the next lowest qualified bidder
meeting the specifications. If you have any questions concerning these
requirements, please contact the Town of Trophy Club at 682-831-4690.
Citizens Financial Advisory Board Page 74 of 123 Meeting Date: Monday, January 12, 2015
INSURANCE CHECKLIST
(SERVICES)
("X" means the coverage is required.)
Coverages Required Limits (Figures Denote Minimums)
X 1. Workers' Compensation & Statutory limits of State of Texas
Employers' Liability $100,000 accident $100,000 disease
$500,000 policy limit disease
___ 2. For Future Use
___ 3. Town Approved Alternative 150,000 medical, safety program
Workers’ Comp. Program
X 4. General Liability Complete entry No. 26
Minimum 500,000 each incident
1,000,000 occurrence
X 5. General aggregate applies
per project (CGL)
X 6. Premises/Operations
X 7. Independent Contractors $500,000 combined single limit
for bodily injury and property damage
X 8. Products damage each occurrence with
X 9. Completed Operations $1,000,000 general aggregate that
applies to project under contract
X 10. Contractual Liability
X 11. Personal Injury Liability $500,000 each offense & aggregate
_ 12. XCU Coverages
X 13. Automobile Liability $500,000 Bodily Injury & Property
X 14. Owned, Hired & Non-owned Damage each accident
___ 15. Motor Carrier Act Endorsement
___ 16. Professional Liability $500,000 Bodily Injury &
Property Damage each accident.
___ 17. Garage Liability $_____BI & PD each occurrence
___ 18. Garagekeepers' Legal $_____- Comprehensive
$_____- Collision
Citizens Financial Advisory Board Page 75 of 123 Meeting Date: Monday, January 12, 2015
X 19. Owners Protective $500,000 Combined single limits
Liability
X 20. Town named as additional insured on other than W/C. This coverage is primary to all other
coverages the Town may possess.
X 21. Town provided with Waiver of Subrogation on Workers' Compensation or Alternative program if
applicable.
X 22. Ten (10) days notice of cancellation, non-renewal, material change or coverage reduction
endorsement required. The words "endeavor to" and "but failure" (to end of sentence) are to be
eliminated from the Notice of Cancellation provision on standard ACORD certificates.
X 23. The Town of Trophy Club prefers an A.M. Best's Guide Rating of "A-", "VI" or better or Standard
and Poors Rating AA or better; Authorized to do business in the State of Texas (not applicable for
workers' compensation assigned through pool or alternative compensation programs).
X 24. The Certificate must state bid number and bid title or project.
___ 25. Other Insurance Required:
INSURANCE AGENT'S STATEMENT
I have reviewed these requirements with the bidder named below. Additionally:
X 26. The above policy(s) carry the following deductibles:____________
Full limits of coverage available for:
General Liability________
Automobile Liability____________
X 27. Liability policies are (indicate):
OCCURRENCE [ ] CLAIMS MADE [ ]
___________________________
Insurance Agent (Print)
___________________________
Signature
Date
Citizens Financial Advisory Board Page 76 of 123 Meeting Date: Monday, January 12, 2015
EXHIBIT A-1
INSURANCE COVERAGE
INSURANCE
INSURANCE: (Review this section carefully with your insurance agent prior to bid or
proposal submission. See "Insurance Checklist" on the last page or specific coverages
applicable to this contract). The Insurance Checklist is incorporated herein.
1. General Insurance Requirements:
1.1 The Contractor shall not start work under this Contract until the Contractor
has obtained at his own expense all of the insurance called for hereunder
and such insurance has been approved by the Town; nor shall the
Contractor allow any subcontractor to start work on any subcontract until
all insurance required of the subcontractor has been so obtained and
approved by the Contractor. Approval of insurance required of the
Contractor and subcontractors for the Town of Trophy Club will be granted
only after submission to the Town of original, signed certificates of
insurance or, alternately, at the Town's request, certified copies of the
required insurance policies.
1.2 The Contractor shall require all subcontractors to maintain during the term
of this agreement, Commercial General Liability insurance, Business
Automobile Liability insurance, and Workers' Compensation and
Employer's Liability insurance, in the same manner as specified for the
Contractor. The Contractor shall furnish subcontractors' certificates of
insurance to the Town immediately upon request.
1.3 All insurance policies required hereunder shall be endorsed to include the
following provision: "It is agreed that this policy is not subject to
cancellation, non-renewal, material change, or reduction in coverage until
ten (10) days prior written notice has been given to the, Town of Trophy
Club".
NOTE: The words "endeavor to" and "but failure to mail such notice shall impose
no obligation to liability of any kind upon the company, its agents or
representatives" are to be eliminated from the cancellation provision of standard
ACORD certificates of insurance.
1.4 No acceptance and/or approval of any insurance by the Town shall be
construed as relieving or excusing the Contractor, or the surety, or its
bond, from any liability or obligation imposed upon either or both of them
by the provisions of the Contract Documents.
Citizens Financial Advisory Board Page 77 of 123 Meeting Date: Monday, January 12, 2015
1.5 The Town of Trophy Club (including its elected and appointed officials,
agents, volunteers, and employees) is to be named as an additional
insured under all coverages except Workers' Compensation and the
certificate of insurance, or the certified policy, if requested, must so state.
Coverage afforded under this paragraph shall be primary as respects the
Town, its elected and appointed officials, agents and employees.
1.5.1 The following definition of the term "Town" applies to all policies
issued under the Contract:
The Town Council of the Town of Trophy Club and any affiliated or
subsidiary Board, Authority, Committee, or Independent Agency
(including those newly constituted), provided that such affiliated or
subsidiary Board, Authority, Committee, or Independent Agency is
either a Body Politic created by the Town Council of the Town of
Trophy Club, or one in which controlling interest is vested in the
Town of Trophy Club; and Town of Trophy Club Constitutional
Officers.
1.6 The Contractor shall provide insurance as specified in the "Insurance
Checklist" (Checklist) found on the last page of the bid or proposal form.
Full limits of insurance required in the Checklist of this agreement shall be
available for claims arising out of this agreement with the Town of Trophy
Club.
1.7 THE CONTRACTOR COVENANTS TO SAVE, DEFEND, HOLD
HARMLESS AND INDEMNIFY THE TOWN AND ALL OF ITS ELECTED
OR APPOINTED OFFICIALS, AGENTS AND EMPLOYEES
(COLLECTIVELY THE "TOWN") FROM AND AGAINST ANY AND ALL
CLAIMS, LOSS, DAMAGE, INJURY, COST (INCLUDING COURT
COSTS AND ATTORNEY'S FEES), CHARGES, LIABILITY OR
EXPOSURE, HOWEVER CAUSED, RESULTING FROM OR ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE CONTRACTOR'S
PERFORMANCE OR NON-PERFORMANCE OF THE TERMS OF THE
CONTRACT DOCUMENTS OR ITS OBLIGATIONS UNDER THE
CONTRACT. THIS INDEMNIFICATION SHALL CONTINUE IN FULL
FORCE AND EFFECT DURING ALL APPLICABLE STATUTE OF
LIMITATIONS PERIODS. ADDITIONALLY, INDEMNIFICATION SHALL
CONTINUE UNTIL THE CONTRACTOR COMPLETES ALL OF THE
WORK REQUIRED UNDER THE CONTRACT, EXCEPT THAT
INDEMNIFICATION SHALL CONTINUE FOR ALL CLAIMS INVOLVING
PRODUCTS OR COMPLETED OPERATIONS AFTER FINAL
ACCEPTANCE OF THE WORK BY THE TOWN FOR WHICH THE
TOWN GIVES NOTICE TO THE CONTRACTOR AFTER THE TOWN'S
FINAL ACCEPTANCE OF THE WORK.
Citizens Financial Advisory Board Page 78 of 123 Meeting Date: Monday, January 12, 2015
1.8 The Contractor shall be responsible for the work performed under the
Contract Documents and every part thereof, and for all materials, tools,
equipment, appliances, and property of any and all descriptions used in
connection with the work. The Contractor assumes all risks for direct and
indirect damage or injury to the property or persons used or employed on
or in connection with the work contracted for, and of all damage or injury
to any person property wherever located, resulting from any action,
omission, commission or operation under the Contract, or in connection in
any way whatsoever with the contracted work, until final acceptance of the
work by the Town.
1.9 Insurance coverage required in these specifications shall be in force
throughout the Contract Term. Should the Contractor fail to provide
acceptable evidence of current insurance within seven (7) days of written
notice at any time during the Contract Term, the Town shall have the
absolute right to terminate the Contract without any further obligation to
the Contractor, and the Contractor shall be liable to the Town for the entire
additional cost of procuring performance and the cost of performing the
incomplete portion of the Contract at time of termination.
1.10 Contractual and other liability insurance provided under this Contract shall
not contain a supervision, inspection or engineering services exclusion
that would preclude the Town from supervising or inspecting the project as
to the end result. The Contractor shall assume all on-the-job
responsibilities as to the control of persons directly employed by it and of
the subcontractors and any persons employed by the subcontractor.
1.11 Nothing contained in the specifications shall be construed as creating any
contractual relationship between any subcontractor and the Town. The
Contractor shall be as fully responsible to the Town for the acts and
omissions of the subcontractors and of persons employed by them as it is
for acts and omissions of persons directly employed by it.
1.12 Precaution shall be exercised by the Contractor at all times for the
protection of persons, (including employees) and property. All existing
structures, utilities, roads, services, trees and shrubbery shall be protected
against damage or interruption of service at all times by the Contractor
and its subcontractors during the term of the Contract, and the Contractor
shall be held responsible for any damage to property occurring by reason
of its operation on the property.
1.13 Written requests for consideration of alternate coverages must be
received by the Town at least ten (10) working days prior to the date set
for receipt of bids or proposals. If the Town denies the request for
alternative coverages, the specified coverages will be required to be
submitted.
Citizens Financial Advisory Board Page 79 of 123 Meeting Date: Monday, January 12, 2015
1.14 All required insurance coverage must be acquired from insurers
authorized to do business in the State of Texas and acceptable to the
Town. The Town prefers that all insurers also have a policyholder's rating
of "A-" or better, and a financial size of "Class VI" or better in the latest
edition of A.M. Best, or A or better by Standard and Poors, unless the
Town grants specific approval for an exception, in the same manner as
described in 1.13 above.
1.15 The Town will consider deductible amounts as part of its review of the
financial stability of the bidder. Any deductibles shall be disclosed in the
Checklist and all deductibles shall be assumed by the Contractor.
Contractor may be required to provide proof of financial ability to cover
deductibles, or may be required to post a bond to cover deductibles.
2. Contractor's Insurance - "Occurrence" Basis:
2.1 The Contractor shall purchase the following insurance coverages,
including the terms, provisions and limits shown in the Checklist.
2.1.1 Commercial General Liability - Such Commercial General Liability
policy shall include any or all of the following as indicated on the
Checklist:
i. General aggregate limit is to apply per project.
ii. Premises/Operations:
iii. Actions of Independent Contractors;
iv. Products/Completed Operations to be maintained for one year. Final
completion and acceptance of the work, with evidence of same filed with
owner.
v. Contractual Liability including protection for the Contractor from claims
arising out of liability assumed under this contract;
vi. Personal Injury Liability including coverage for offenses related to
employment;
vii. Explosion, Collapse, or Underground (XCU) hazards; if applicable.
Coverage required for any and all work involving drilling, excavation, etc.
2.1.2 Business Automobile Liability including coverage for any owned,
hired, or non-owned motor vehicles and automobile contractual
liability.
Citizens Financial Advisory Board Page 80 of 123 Meeting Date: Monday, January 12, 2015
2.1.3 Workers' Compensation - statutory benefits as required by the
State of Texas, or other laws as required by labor union
agreements, including Employers' Liability coverage.
2.2 Owner's Protective Liability Insurance:
In addition to the insurance described above, the Contractor shall obtain,
pay for and maintain at all times during the prosecution of the work under
the contract, an owner's protective liability insurance policy naming the
Owner as insured for property damage and bodily injury, including death,
which may arise in the prosecution of the work or Contractor's operation
under this contract. Coverage shall be on an "occurrence" basis, and the
policy shall be issued by the same insurance company that carries the
Contractor's liability insurance.
Limits of liability shall be as follows:
Bodily Injury $500,000 each occurrence
Property Damage $500,000 each occurrence
Citizens Financial Advisory Board Page 81 of 123 Meeting Date: Monday, January 12, 2015
EXHIBIT A-2
WORKERS' COMPENSATION
INSURANCE COVERAGE
A. Definitions:
Certificate of coverage ("certificate" - A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - Includes the time from the beginning of the work on the
project until the Contractor's/person's work on the project has been completed
and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in Texas Labor Code
§ 406.096) - Includes all persons or entities performing all or part of the services
the contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the Contractor and regardless of whether that
person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators,
employees of any such entity, or employees of any entity which furnishes
persons to provide services on the project. "Services" include, without limitation,
providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The Contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any coverage agreements,
which meets the statutory requirements of Texas Labor Code, § 401.011(44) for
all employees of the contractor providing services on the project, for the duration
of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
D. If the coverage period shown on the Contractor's current certificate of coverage
ends during the duration of the project, the Contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
E. The Contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
Citizens Financial Advisory Board Page 82 of 123 Meeting Date: Monday, January 12, 2015
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of coverage
showing coverage for all persons providing services on the project; and
(2) no later than seven days after receipt by the Contractor, a new certificate
of coverage showing extension of coverage, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project.
F. The Contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
G. The Contractor shall notify the Town in writing by certified mail or personal
delivery, within 10 days after the Contractor knew or should have known, of any
change that materially affects the provision of coverage of any person providing
services on the project.
H. The Contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission, informing
all persons providing services on the project that they are required to be covered,
and stating how a person may verify coverage and report lack of coverage.
I. The Contractor shall contractually require each person with whom it contracts to
provide services on a project to:
(1) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, § 401.011(44) for all of its
employees providing services on the project, for the duration of the
project;
(2) provide to the Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided
for all employees of the person providing services on the project, for the
duration of the project;
(3) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the
Contractor:
Citizens Financial Advisory Board Page 83 of 123 Meeting Date: Monday, January 12, 2015
(a) a certificate of coverage, prior to the other person beginning work
on the project; and
(b) a new certificate of coverage showing extension of coverage, prior
to the end of the coverage period, if the coverage period shown on
the current certificate of coverage ends during the duration of the
project;
(5) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal
delivery, within ten (10) days after the person knew or should have known,
if any change that materially affects the provision of coverage of any
person providing services on the project; and
(7) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the Contractor is representing to the Town that all employees of the
Contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be
based on proper reporting of classification codes and payroll amounts, and that
all coverage agreements will be filed with the appropriate insurance carrier or, in
the case of a self-insured, with the commission's Division of Self-Insurance
Regulation. Providing false or misleading information may subject the Contractor
to administrative penalties, criminal penalties, civil penalties, or other civil
actions.
K. The Contractor's failure to comply with any of these provisions is a breach of
contract by the Contractor which entitles the Town to declare the contract void if
the Contractor does not remedy the breach within ten days after receipt of notice
of breach from the governmental entity.
Citizens Financial Advisory Board Page 84 of 123 Meeting Date: Monday, January 12, 2015
WORKERS COMPENSATION
LANGUAGE TO BE IN POSTED NOTICE BY CONTRACTOR
TWCC Rule 110.110, Section D.7
Each Contractor is required to post a notice informing all persons providing services
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Act or other commission rules. This notice must
be printed with a title in at least 30 point bold type and text in at least 19 point normal
type, and shall be in both English and Spanish and any other language common to the
worker population. The text for the notices shall be the following text in Figure 2:28
TAC §110 (d) (7) of this section, provided by the commission on the sample notice,
without any additional words or changes.
Figure 2:28 TAC §110 (d) (7)
REQUIRED WORKERS COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this project must be covered by workers’ compensation insurance. This includes
persons providing, hauling, or delivering equipment or materials, or providing labor or
transportation or other service related to the project, regardless of the identity of their
employer or status as an employee."
"Call the Texas Workers’ Compensation Commission at 512-440-3789 to receive
information on the legal requirement for coverage, to verify whether your employer has
provided the required coverage, or to report an employer’s failure to provide coverage."
Effective September 1, 1994
Citizens Financial Advisory Board Page 85 of 123 Meeting Date: Monday, January 12, 2015
SECTION 10.
CERTIFICATE OF INSURANCE
(To Be Provided by Successful Bidder)
Citizens Financial Advisory Board Page 86 of 123 Meeting Date: Monday, January 12, 2015
Citizens Financial Advisory Board Page 87 of 123 Meeting Date: Monday, January 12, 2015
GENERAL REQUIREMENTS 11.
I. GENERAL INFORMATION
A. Intent
It is the intent of these specifications to describe the requirements for Park
services for the Town of Trophy Club labor and supervision. The Town
intends to award this contract to one Contractor. This bid will not be split.
B. Unit Cost
The unit cost for evaluation purposes shall be the hourly cost to provide
services and complete all tasks associated with the service as described
in the specifications.
C. Equipment
Bidders must supply a list of all equipment to be used in the execution of
this contract including, but not limited to: tractors, mowers, riding mowers,
trimming/edging equipment, transport vehicles and trailers. If bidder plans
to lease or purchase any or all equipment, it shall provide evidence
satisfactory to the Town that includes: 1) name, address, and telephone
number of company where equipment is to be leased/purchased, including
itemization of equipment; 2) statement from that company that bidder
qualifies for leasing/purchase of equipment specified.
D. Increases/Decreases of Cycles
Dependent upon funding and/or growth conditions, the Town may elect to
increase/decrease the number or frequency of services. Notification will
be in writing by contract administrator. Any increases/decreases will be
calculated at the cost per cycle bid.
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II. SPECIFICATIONS
A. General Specifications
1. All work shall be performed Monday - Friday only. Work will not be
allowed on Saturday or Sunday without prior permission or a
request (weekend operations) from contract administrator.
2. All employees and equipment shall have the proper safety
equipment devices, which include, but are not limited to hearing
and eye protection, orange safety vests, and flashers/strobe lights
on vehicles. All equipment and personal protective equipment shall
meet OSHA safety standards. Warning signs and barricading shall
be in accordance with any applicable state or federal laws.
3. The contract administrator shall be the Parks and Recreation
Director or his designee. During term of agreement, Contractor
must provide to contract administrator a working telephone number
and address. The telephone must be answered during normal
working hours. The Contractor must also supply a cell phone
number to the on-site supervisor to allow contact and coordination
between Town employees as needed.
4. Contractor may invoice at the end of each month pursuant to the
terms of the Contract.
5. Contractor will be responsible for any damage done to plant
materials or other property during its maintenance operations.
6. Contractor may not sell, sublet or otherwise assign any interest in
this agreement to others without written consent of Town of Trophy
Club. Town reserves the right to reject subcontractors retained by
contractor to provide services under this agreement.
7. Anytime the Contractor is performing work for the Town the
Contractor will be required to have an employee on-site that will be
able to communicate effectively in English as needed with Town
staff. Contractor and employees will be courteous to the public at all
times while at the work site. Conflicts, or potential conflicts
between required work and public use of a location, should be
reported to the contract administrator
8. The parties agree the Town may cancel this agreement by
providing sixty (60) written days notice to Contractor or within such
time frame as specified in the Contract Documents.
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9. Contractor will operate as an independent contractor and not as an
agent, representative, partner or employee of the Town of Trophy
Club, and shall control its operation at the work site and be solely
responsible for the acts or omissions of its employees.
10. The Contractor's employees shall report to work in uniforms,
including shirt and pants. Uniforms worn by employees shall
indicate Contractor’s name and telephone number in a manner
clearly identifiable to the public. Employees shall at all times wear
a shirt.
11. The Contractor shall submit an organization chart showing the
structure of the management team from the on-site supervisor up to
the person ultimately responsible for the performance of this
contract.
12. The Contractor will provide a qualified Supervisor on site at all
times during any maintenance operations to be responsible for the
progress of the work performed.
13. The Parks and Recreation Director or his designee reserves the
right to request site inspections and/or meetings with the on-site
supervisor at any time during the contract. These site inspections
and meetings may be sporadic but could become regular if there
are performance/work quality issues.
14. The Contractor shall employ only those individuals who possess a
command of the English language sufficient to permit dialogue with
Town personnel or the general public. The language competency is
essential to permit discussion of Town personnel concerns and
requirements and to be able to interact with the public as may be
required.
15. The parties acknowledge that adherence by Contractor to the
completion schedule specified by the Town is essential to this
Agreement and failure to do so will harm Town. It is agreed by
the parties that the actual damages which might be sustained
by Town by reason of the breach by Contractor of its promise
to complete in accordance with the provisions hereof are
uncertain and would be difficult to ascertain; it is further
agreed that the sum of FIVE HUNDRED DOLLARS AND NO/100
($500.00) for each day that completion is overdue would be
reasonable and just compensation for such breach, and
Contractor hereby promises to pay such sum as liquidated
damages, and not as a penalty, in the event of such breach.
16. Weather/growth conditions may cause the cancellation of a mowing
cycle, as determined solely by the contract administrator. The
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contract administrator has the sole decision as to whether the
weather/soil/turf conditions are appropriate for maintenance.
Failure of the Contractor to abide with the contract administrator’s
decision may, in the discretion of Town, result in termination of the
Contract.
17. Contractor shall contact the contract administrator to discuss
Contractor’s work schedule for the month, and/or areas that are
ready for inspection. Failure to contact the contract administrator on
a regular basis may, in the discretion of Town, result in termination
of Contract.
18. Questions or concerns should be directed to the contract
administrator.
B. Maintenance Specifications
1. Locations/Standards - The areas to be mowed are designated on
on the maps provided and attached hereto. All work performed
must be to the standards set by Town whether such standards are
contained in the bid documents, contract documents, or are
otherwise communicated by the Town to the Contractor.
2. Inspection - Upon completion of work, the area will be inspected.
If any deficiencies are cited, the Contractor must correct them
within 48 hours. Failure to do so may result in termination of
contract.
3. Mowing Height -
March - June = 1 1/2" July - November = 2”
4. Mowing Frequency - The estimated frequency between the start
of each cycle is 7 days.
5. Edging - All curbs/sidewalks shall be edged every mowing cycle.
6. Trimming - All signs, poles, trees, planter bed edges, obstacles,
expansion joints, concrete/paver areas, etc., shall be trimmed
around with string trimmers. The turf shall be trimmed to the
assigned mowing height. Care shall be used to avoid injury to plant
material. Trimming shall be completed concurrently with mowing
on every cycle
Citizens Financial Advisory Board Page 91 of 123 Meeting Date: Monday, January 12, 2015
7 Litter - The Contractor shall be responsible for picking-up and
removing any and all trash or debris, such as paper, cans, bottles,
limbs three inches or smaller in diameter, rocks, etc., which is not
intended to be part of the landscape. Removal of trash will include
sweeping/removing grass clippings from sidewalks.
C. Employee Specifications
1. The Contractor shall be required to have a licensed irrigator by the State
of Texas on site during the performance of irrigation services. Additional
irrigation personnel that perform work under this contract shall be
required to be an irrigation technician.
2. The Contractor shall be required to have a licensed TDA applicator on-
site during the application of all products relating to fertilization, herbicide
or pest control.
3. The Contractor shall be required to furnish copies of all licenses required
by this contract to the contract administrator.
4. The Contractor shall maintain a copy of his msds sheets with the Town at
all times.
Citizens Financial Advisory Board Page 92 of 123 Meeting Date: Monday, January 12, 2015
LABOR FORCE
All field employees of the bidder shall wear uniforms identifying them as
employees of the contractor. Employees driving the bidder’s vehicles shall, at all times,
possess and carry a valid vehicle operator’s license from the State of Texas. The
bidder’s employees, officers and agents shall, at no time, be allowed to identify
themselves or in any way represent themselves as being employees or agents of the
Town of Trophy Club. The bidder shall prohibit the drinking of alcoholic beverages of
the use of controlled substances by employees while on duty or in the course of
performing duties under this contract.
The bidder shall not discriminate against any employee or applicant for
employment because of race, age, color, religion, sex, disability, ancestry, national
origin or place of birth. Bidder shall take action to ensure that applicants are employed
and treated without regard to their race, age, color, religion, sex, disability, ancestry,
national origin or place of birth. All employees, contractors, subcontractors, temporary
labor, agents and representatives of bidder providing services to Town shall be required
to produce a completed Form I-9 evidencing that all such persons are eligible to work
and/or maintain employment in the United States. Such documentation shall be
provided within five (5) business days after bidder is notified that it is the apparent
lowest responsible bidder. Further, the Town reserves the right to review and audit
records of bidder for compliance with this section at any time during the term of the
awarded contract and all renewals thereof upon three (3) days written notice to bidder.
Please provide us with the policies and procedures your
companyutilizes in determining the legal status and hiring eligibility
of a potential employee.
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Citizens Financial Advisory Board Page 93 of 123 Meeting Date: Monday, January 12, 2015
MACHINERY AND EQUIPMENT
Bidder must supply a list of all equipment available for use on this contract. Being
available shall mean that the equipment is owned or under control of the bidder
submitting this proposal.
# Units Type of Equipment
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Attach additional sheets as needed.
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0034-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/8/2015 Citizens Financial Advisory Board
On agenda:Final action:1/12/2015
Title:Discuss items for future agendas.
Attachments:
Action ByDate Action ResultVer.
Discuss items for future agendas.
Citizens Financial Advisory Board Page 122 of 123 Meeting Date: Monday, January 12, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0035-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/8/2015 Citizens Financial Advisory Board
On agenda:Final action:1/12/2015
Title:Set next meeting date.
Attachments:
Action ByDate Action ResultVer.
Set next meeting date.
Citizens Financial Advisory Board Page 123 of 123 Meeting Date: Monday, January 12, 2015