Minutes TC 03/10/2015MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, March 10, 2015 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, March 10, 2015. The
meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders
Mayor
Greg Lamont
Mayor Pro Tem, Place 5
Jim Parrow
Council Member, Place 1
Rhylan Rowe
Council Member, Place 3
Tim Kurtz
Council Member, Place 4
Philip Shoffner
Council Member, Place 6
TOWN COUNCIL MEMBERS ABSENT:
Garrett Reed Council Member, Place 2
STAFF AND GUEST(S) PRESENT:
Stephen Seidel
Town Manager
Patricia Adams
Town Attorney
Holly Fimbres
Town Secretary/RMO
Adam Adams
Parks and Recreation Director
Patrick Arata
Police Chief
John Zagurski
Budget Analyst
Mayor Sanders announced the date of Tuesday, March 10, 2015, called the Town Council to order and announced
a quorum at 7:01 p.m.
The Invocation was offered by Council Member Parrow.
The Pledges were led by Mayor Pro Tem Lamont.
WORKSHOP SESSION
1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 10,
2015.
Council Member Shoffner asked why Item No. 6, a policy related to auto allowances, from the Town Council Future
Agenda Items List was not on tonight's agenda for an update.
Town Manager Seidel stated that he has heard from the Town Council formally and informally not to offer auto
allowances to all employees. He has moved forward with not offering auto allowances to employees, which
includes newly hired Assistant Town Manager/CFO Steven Glickman.
March 10, 2015 Town Council Minutes Page 1 of 133
Mayor Sanders asked the Town Council if they wanted to have a future agenda item to discuss a policy related to
auto allowance, and it was the consensus of the Town Council to remove Item No. 6 from the Town Council Future
Agenda Items List.
2. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for
the March 24, 2015 meeting.
Mayor Pro Tem Lamont asked if the upcoming agenda item for the baseball contract will also include tournaments.
Town Manager Seidel stated that the plan is to meet with the baseball association this week and discuss several
topics which will include tournaments.
Council Member Shoffner stated that the item should be on a workshop session to allow discussion.
Town Manager Seidel stated that this item will be placed as a workshop session item after the meeting with the
baseball association.
Council Member Rowe stated that after the Town Council Retreat in January 2015, he compiled a list of items to be
addressed related to this item, which he provided to Town Manager Seidel. He stated that if certain topics cannot
be addressed prior to the workshop session, to let him know and he can provide some feedback.
Mayor Sanders commented that he agreed that this item should be on a workshop session.
Council Member Rowe asked to have the proposed Town Council mission and goals, as discussed at the Town
Council Retreat in January 2015, to be presented for adoption at the March 24, 2015 meeting.
Town Manager Seidel stated that Town Staff will place that item on the March 24, 2015 agenda.
Mayor Sanders asked to have the item formatted so that it can be displayed on the Town website and any other
appropriate location.
Town Manager Seidel stated that Town Staff will format the item.
Council Member Shoffner asked if there was a reason why the finance and variance report began to be placed on
the consent agenda, which started in August 2014.
Mayor Sanders stated that he had asked for the item to begin being placed on the consent agenda, which allows
Council to pull the item off consent when they have questions.
Council Member Shoffner asked if there was a violation within the Public Improvement District (PID) since there
was an item on the March 24, 2015 agenda for a presentation from Trophy Club Municipal Utility District No. 1
(TCMUD No. 1) General Manager Jennifer McKnight.
Mayor Sanders stated the Town received a letter of complaint regarding an alleged violation against the TCMUD
No. 1; therefore Mrs. McKnight was asked to provide an update to the Town Council.
Council Member Shoffner commented that the PID violation regarding infrastructure is now cleared.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda.
The Council is not permitted to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to
the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the
March 10, 2015 Town Council Minutes Page 2 of 133
Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the
topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority.
There were no citizen presentations.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed
from the consent agenda and will be considered separately.
3. Consider and take appropriate action regarding the Minutes dated December 9, 2014. (Town Secretary
Note: Approved as presented in the Town Council agenda packet)
4. Consider and take appropriate action regarding the Minutes dated February 10, 2015. (Town Secretary
Note: Approved as presented in the Town Council agenda packet)
5. Receive Annual Racial Profiling Report; discussion of same.
6. Consider and take appropriate action regarding a Resolution providing the written consent of the Town of
Trophy Club to the inclusion of an approximate 6.3702 acre tract of land, which is part of a 7.0441 acre tract
of land situated in the Joseph Henry Survey, Abstract No. 529, Town of Trophy Club, Denton County, Texas,
conveyed by deed to the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day
Saints, as recorded in County Clerk's File No. 2010-6544, Denton County Real Property Records, to be
annexed into and thereafter included within the boundaries of Trophy Club Municipal Utility District No. 1;
and providing an effective date.
Attachment A- Resolution No. 2015-08
Council Member Shoff ner commented that he liked the changes made within the minutes regarding the format of
the votes.
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda
Items 3 through 6.
Motion passed unanimously.
REGULAR SESSION
7. Consider and take appropriate action regarding a Proclamation proclaiming March 15-21, 2015 as Poison
Prevention Week in Trophy Club.
Attachment 8 — Proclamation No. 2015-04
Council Member Parrow read the proclamation into the record.
Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve Proclamation No.
2015-04, proclaiming March 15-21, 2015 as Poison Prevention Week in Trophy Club.
Motion passed unanimously.
8. Consider and take appropriate action regarding a Proclamation proclaiming April 7, 2015 as Mayors Day of
Recognition for National Service.
Attachment C — Proclamation No. 2015-05
March 10, 2015 Town Council Minutes Page 3 of 133
Council Member Parrow read the proclamation into the record.
Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve Proclamation No.
2015-05, proclaiming April 7, 2015 as Mayors Day of Recognition for National Service in Trophy Club.
Motion passed unanimously.
9. Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy
Club, Texas expressing opposition to State legislation enacting a cap on property tax revenues collected
by local governments due to the negative impact that would result from loss of local government
authority to manage fiscal matters to meet the needs of its residents; and providing an effective date.
Attachment D — Resolution No. 2015-07
Mayor Sanders read the resolution into the record.
Motion:
Motion made by Mayor Sanders, seconded by Council Member Parrow, to approve Resolution No. 2015-07,
expressing opposition to State legislation enacting a cap on property tax revenues collected by local governments
due to the negative impact that would result from loss of local government authority to manage fiscal matters to
meet the needs of its residents.
Mayor Sanders commented that it would be most effective if each Council Member would call their local senators
and representatives. He asked that Council Member Garrett Reed's name be taken off the resolution for signature
since he was not present to sign the resolution. Additionally, he stated that during the last budget season,
discussion took place regarding making sure that revenue caps did not affect the Town and that they did not
adversely affect sinking funds.
Council Member Shoffner stated that Town representatives, Senator Nelson and Senator Hancock, serve on the
Texas Senate Committee on Finance, with Senator Nelson serving as the Chair of the committee. He noted that
this item is Senate Bill 182 and House Bill 365.
The vote was taken.
Motion passed unanimously.
Town Manager Seidel stated that the committee hearing was rescheduled for this week so Town Staff will send the
resolution tomorrow. He stated that Town Council opposition efforts should be focused with the Senate and the
Texas Senate Committee on Finance.
Mayor Sanders commented that the odds of speaking to them are rare but their legislative aids log each call and
Senators and Representative will receive a call log sheet prior to their vote.
10. Consider and take appropriate action regarding an Ordinance of the Town repealing Ordinance No. 2015-02
ordering and calling a Joint General Election for the Town of Trophy Club to be held on May 9, 2015 for the
purpose of electing one (1) Council member for Place #3 and (1) Council member for Place #4, each for a
three (3) year term; declaring candidates for Place #3 and Place #4 unopposed; canceling the May 9, 2015
election; providing for the issuance of certificates of election following the date for canvassing of the
election; and providing an effective date.
Attachment E — Ordinance No. 2015-05
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve Ordinance No. 2015-05,
repealing Ordinance No. 2015-02 ordering and calling a Joint General Election for the Town of Trophy Club to be
March 10, 2015 Town Council Minutes Page 4 of 133
held on May 9, 2015 for the purpose of electing one (1) Council member for Place 43 and (1) Council member for
Place 44, each for a three (3) year term; declaring candidates for Place 43 and Place 44 unopposed; canceling the
May 9, 2015 election; providing for the issuance of certificates of election following the date for canvassing of the
election.
Council Member Shoffner commented that this is the first time in Town history to cancel an election.
The vote was taken.
Motion passed unanimously.
11. Consider and take appropriate action regarding the draft of the Sealed Competitive Bid for Park Services for
the Town as recommended by CFAB and authorizing publication of notice of bid, including discussion and
action regarding the inclusion /exclusion of properties within the Bid and issues related to ownership of
properties.
Attachment F- Competitive Bid for Park Services
Pearl Ford, 2 Spring Creek Court, stated that she understands the need for the Council to get a better feel of
expenditures, and that she would like to give some areas of clarification. Her first area of clarification was
regarding Medlin Cemetery, referenced on page 218 of the agenda packet, and she stated that there is a
document of understanding between the Town and Medlin Cemetery which was generated for the fill material to
finish Trophy Club Drive. She knows this because the issue made the press and she volunteered to be the
mediator between the Cemetery Association and the Town, and a document of understanding was signed by Town
Manager, Donna Welsh, and the Cemetery Association President, who is now deceased. Her second item of
clarification was that the agenda packet references that the cemetery property is un -owned and she stated that is
not true because it is owned by the association and the cemetery was there before the Town. She added that the
deed is in Denton County but the property is exempt from taxation.
Council Member Shoffner asked if the document of understanding came after the vote to approve the construction
project.
Mrs. Ford stated that it was before the vote because the construction could not proceed since there was
discussion how far Trophy Club's road would be and how far it would extend onto the cemetery property, which is
a state historical site.
Council Member Shoffner stated that in 2002 they approved the road construction, and the cemetery came back
several months later because they were going to close the east median for safety.
Mrs. Ford stated that was an issue because if they closed the east median, the cemetery equipment workers could
not get into the cemetery so they agreed to leave the east median open. Additionally, she stated that the berm
was put there when they built the golf course.
Mayor Pro Tem Lamont asked who has the document of understanding.
Parks and Recreation Director Adams stated that he has landscape plans but does not have the document of
understanding.
Mayor Pro Tem Lamont inquired if the town manager signed the document then shouldn't it have gone before the
Town Council.
Mrs. Ford stated that at that time the town manager was authorized to sign it and she commented that the
historical marker was there before the Town existed.
March 10, 2015 Town Council Minutes Page 5 of 133
Town Manager Seidel stated that Town Staff has been trying to locate the document of understanding.
Parks and Recreation Director Adams stated he has a landscape plan from Teague Nall & Perkins that shows the
new design that the Town was going to give the cemetery.
Mrs. Ford stated that was correct because before the cemetery board would agree to sign the document they
wanted to have an idea what it was going to look like. Additionally, she stated that she believes that the document
mentioned maintenance and upkeep of the cemetery.
Council Member Parrow asked if the cemetery association would have a copy of the document.
Mrs. Ford stated that there is an issue with document archiving and some of the documents in the vault were
misplaced, and the president who signed the document is now deceased. She stated that her next item has to do
with the turnover of properties from the Community Improvement Association (CIA), referenced on page 226 and
page 241 of the agenda packet. She explained that she spent 10 years on the CIA Board and that her recollection
was that all the parcels that belonged to the CIA, the only homeowners association (HOA) for the whole Town, that
were designated as common areas were supposed to be turned over to the Town along with the CIA liens.
Additionally, she stated that those common areas will not show up on any deeds within Denton Central Appraisal
District (DCAD).
Mayor Pro Tem Lamont stated that on page 220 and page 226 of the agenda packet, it states that both properties
are owned by the adjacent landowners.
Mayors Sanders stated that he can explain page 220 since he used to live there.
Mrs. Ford stated that the Creek Court areas and all the cul-de-sacs off of it, referenced on page 229 of the agenda
packet, that those streets at one time were not owned by the Town. She believes that two years into the Town's
incorporation the Town asked the residents there to sign over the streets to the Town, which included those
medians. She added that there is not a lot of paper trail for those transfers and in some instances it was a
handshake between the people involved.
Mayor Sanders explained, in regards to ownership on page 220 that Mayor Pro Tem Lamont brought up, that he
used to live on 1 Michelle Court and their property line went to the curb. He explained that it turned out that the
sprinkler system along that area was installed by Mr. Beck who developed the Woods, and they also maintained it.
They realized this because the grass began dying and no one was mowing the area. The homeowners who backed
up to the area tried to figure out if they could give the land behind the wall up to the street to the Town but the
mortgage company said they had to have a survey done and replat the property. Therefore it was simpler to ask
the Town to take over the sprinkler system and the mowing. He added that Hogan's Glen HOA maintains the grass
for the area between the wall on Indian Creek and Trophy Club Drive. He suspects that there are several areas
around the Town where the land is deeded to HOA's, and in some cases it doesn't even show who the owner is,
and the Town has assumed mowing it because no one else was.
Council Member Shoff ner stated that the problem will be in 50 years when a future Town Council is looking at this
and there are no supportive documents but simply hearsay.
Council Member Rowe stated that at a casual glance at the RFP it does not seem unreasonable, but that
somewhere it needs to be documented about ownership of these properties so that there are no future issues
regarding ownership.
Mayor Sanders stated that it would be nice to put in the minutes that Pearl Ford believes that the Creek Court area
medians, represented on pages 229 and 230 of the agenda packet, were deeded to the Town when the road was
given to the Town. He doesn't believe the statement about the property being turned over to the Town with the
transfer of the CIA, on page 220, is correct. He believes that the property still belongs to those property owners.
March 10, 2015 Town Council Minutes Page 6 of 133
Council Member Shoffner stated that he does not disagree that there is probably a document on the cemetery. He
believes that the fill dirt to maintain the cemetery property is expensive, approximately $6,000 this year. The issue
is when you add several areas that the Town maintains that is technically not the Town's responsibility, which
becomes expensive.
Council Member Rowe asked that for those properties that are not owned by the Town, specific to an area where
an adjacent property owner has access problems, for Staff to do due diligence to look at what action to take to
gain legal ownership.
Town Manager Seidel stated that in the newer developments there are HOA's in place which makes it easier to
work with. He explained that an example of a complex situation is on Indian Creek where there is no HOA and if
you live in the middle of the street it is difficult for them to walk their lawnmower around to the other side of the
wall. He would like to have something more formal for the newer areas but in some of the older areas to possibly
look at taking over the maintenance if someone owns the property or allow them to put gates through their fence
to allow access.
Council Member Shoffner stated that it could be a good idea to put the information in the minutes that states a
specific situation that the Town will maintain a specific area.
Mayor Pro Tem Lamont stated that it is difficult to ask the property owner to maintain a median in reference to
page 229 of the agenda packet, and that the Town should be responsible for it. He asked if the Town can charge a
maintenance charge to the adjacent property owners.
Town Attorney Adams stated that she does not believe that the Town can charge for a fee for that service.
Council Member Parrow stated that there seems to be a discrepancy about who is responsible for the particular
parcel in reference to page 221 of the agenda packet because it states that Town Staff believes this property was
to be turned over to the Town with the transfer of CIA properties, but then it states that both properties are
owned by Beck Properties. He explained that on the following page, it references that the entrance to Eagles
Ridge was given to Starwood Development who in turn gave it to the Town, but then it says the property is owned
by the adjacent landowner.
Mayor Sanders explained that on the corner lot, where the eagle sits, it turns out that the lot was platted to
maintain all that area, and when the property was bought the property owner felt that he owned the eagle. The
citizens in Eagles Ridge wanted to form a HOA but never did; therefore the agreement was that the Town would
take over the eagle aspect of it as well as the flower bed, even though the Town did not really own anything other
than the eagle. There are several cases, for example in Hogan's Glen that the deed was never transferred over to
the HOA and it still shows that Beck is the property owner.
Council Member Kurtz stated that he has a fundamental issue and provided an example that on Trophy Club Drive
a person who lives on the Hogan's Glen side has a HOA and another person who lives on The Woods side does not
have a HOA. The person on Hogan's Glen side has to pay a HOA to maintain the area behind their wall but the
other person on The Woods side has the Town maintain the area behind their wall. He believes that there should
be some way to make this situation more equitable.
Mayor Sanders stated the purpose of this agenda item is to look at the Parks RFP, and in the meantime Town Staff
can look at working out the legal issues.
Council Member Shoffner stated that he was not comfortable approving the bid knowing that they are putting a
contractor's employee on property that the Town does not own nor insure.
March 10, 2015 Town Council Minutes Page 7 of 133
Mayor Sanders explained that his understanding is that each bid item can be separately bid on and the contractor
can choose not to bid on certain properties.
Council Member Shoffner commented that the Town is spending thousands a year on maintaining property not
owned by the Town and in some cases do not know who owns it.
Mayor Sanders stated that the purpose of this item is to look at the Parks RFP document and the decision can be
made later whether or not the Town Council will award the bid that includes those pieces of property. In the mean
time, these legal issues can be worked on until the Town receives a bid back and is able to evaluate the bid. He
asked the Town Council if they had any changes to the RFP document.
Council Member Shoffner stated that he is not comfortable asking someone to bid on property that the Town does
not own and that there is potential of the bidder's employee getting injured on property not owned by the Town,
which puts potential liability on the homeowner.
Mayor Sanders stated that his understanding is that each item will be bid on separately so there will be a price for
each section and they can choose to no bid that section.
Council Member Shoffner stated that he would vote against this item until the issues are rectified because it puts
potential liability on the homeowners and that the Town is spending thousands a year when the Town doesn't
know who owns certain property.
Mayor Pro Tem Lamont agreed with Council Member Shoffner. He asked Parks and Recreation Director Adams if
the item was sent out for pre-bid, can bidders come back and say what they can and can't do, and then the Town
can gather what can really be put in the bid.
Parks and Recreation Director Adams stated that the document is very flexible allowing numbers to be decreased
and remove sections even after the bids have come in. He explained that if the document goes out for 45 days,
about three weeks into that there would be a mandatory pre-bid meeting for the bidders to go over the different
properties and at that time if the Town could not resolve this, then an addendum could be done to remove those
properties from the scope of the bid.
Mayor Pro Tem Lamont stated that even if the items were removed from the document the Town will still have to
maintain them which include staff and equipment. He believes that it needs to be determined if the Town is going
to continue to maintain those properties or give them back to the property owners before sending the Parks RFP
out for bid.
Town Manager Seidel stated that the agenda item was worded how it was so that Town Council can direct Town
Staff to do specific objectives. He asked that the Town Council give specific direction because it will take time to
have these properties tied up as accurately as possible with formal agreements or some type of understanding.
Council Member Shoffner commented that three properties are not on the RFP, which are Trophy Woods, Royal
Troon, and Park View. He noted that there is no median on Fairway Village.
Parks and Recreation Director Adams stated that he removed the Trophy Woods properties because they are right
of way and are going back to the property owner. Additionally, he stated that the golf course is going to take
Fairway Village up to the right of way but the Town will still have a median so that is still within the Parks RFP.
Council Member Shoffner noted that there remains a parcel shown on the RFP map for Fairway Village.
Town Manager Seidel stated that Royal Troon is part of the Highlands HOA, and that Town Staff can approach
them to have something more formal than an agreement that was made around the table.
March 10, 2015 Town Council Minutes Page 8 of 133
Mrs. Ford stated that Eagles Ridge currently does not have a HOA but was part of the CIA, and she added that
Indian Creek and the area around it were separate units and each of those were in the CIA. Additionally, she made
a general comment to remind the Council that all these people pay taxes and asked that they be sensitive to their
needs.
Mayor Sanders stated that one option is to pull sites and release the Parks RFP, or to release the RFP as is and see
what comes back. He believes that this will help figure out if it is more cost effective to maintain Town Staff and
equipment verses using an outside service in some cases. He explained that it was done in such a fashion that the
Town Council can pick and choose what they want to do and if they wait to take action then there is a chance that
the bid will not be included in this coming budget.
Council Member Parrow stated that after speaking with Parks and Recreation Director Adams, he is comfortable
with releasing the RFP because of how this document is written, which allows the bidder to bid on every single
piece of it and will give basis for evaluation costs, while still having the opportunity to remove sections that the
Council does not feel is appropriate.
Council Member Rowe stated that in regards to the description of the properties that the Town is responsible for,
he does not have an issue with the RFP going out with those in there because at the end of the day most of them
will continued to be maintained by the Town. He stated that he would like to handle the land responsibility issue
but does not see why the RFP has to be pulled.
Council Member Shoffner stated that an issue he has is if a worker gets injured on the cemetery property, which
no one owns, then who is responsible for that injury.
Town Attorney Adams stated that the Town requires the contractor to provide insurance, workers compensation,
liability insurance, and that the Town be additionally insured on that policy. She advised that if something happens
then the Town will go to the contractor as the primary on the insurance policy.
Council Member Kurtz stated that he feels they should move forward and work out the issues simultaneously.
Motion:
Motion made by Council Member Parrow, seconded by Council Member Kurtz, to take the Parks RFP Bid and have
the Town release it for bidding and to start the process at their earliest opportunity.
Parks and Recreation Director Adams stated that depending on the time frame of the bid, if any of the properties
could be cleared during the process then he could do an addendum to the RFP.
Town Manager Seidel stated that the goal is to clear as many properties as possible during the bid process and
noted that at some point there will be cases when some action will be required of Town Council.
Council Member Shoffner stated that he will vote against the RFP until it is ready and that there is no rush to have
it done before the next budget season.
The vote was taken.
Motion passed 4-2-0 with Mayor Sanders, Council Members Parrow, Rowe, and Kurtz voting for, and Mayor Pro
Tem Lamont and Council Member Shoffner voting against.
Mayor Sanders asked Town Manager Seidel to provide an update on this item two meetings from now, and
expressed his gratitude to Parks and Recreation Director Adams and Town Staff for the amount of time and work
spent on this item.
Council Member Shoffner thanked Mrs. Ford for the history that she provided.
March 10, 2015 Town Council Minutes Page 9 of 133
Mayor Sanders asked to have the comments that Mrs. Ford made regarding the Creek Court area and the history
of the cemetery documented in the minutes.
12. Town Council Liaison Updates; discussion of same:
• Citizen Financial Advisory Board, March 9, 2015
Council Liaison - Mayor Pro Tem Greg Lamont
Provided update, no action taken, just discussion.
13. Town Manager Seidel's update regarding the following; discussion and provide input regarding same.
• Assistant Town Manager/CFO
• Baseball
• TxDOT Sound Wall
• Warrant Round -Up
Town Manager Seidel updated the Council and addressed questions; no action taken, update only.
Additionally, he thanked the Town Council and Town Staff for the reception that was held in his honor tonight, and
stated that it is a privilege to be the Town Manager for the Town of Trophy Club.
14. Items for Future Agendas.
This item allows Council to request the placement of items on upcoming agendas when the topic of discussion
requires research and review that cannot be accomplished in the timeframe between regular Council meetings.
However, a Council Member may request that an item be placed on the next regularly scheduled meeting without
first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter
requirements.
Mayor Sanders stated that Council Member Rowe requested to bring back the Town Council mission and goals.
(Town Secretary Note: This item was added to the March 24, 2015 agenda as the updated Strategy Map)
Mayor Sanders asked that Item No. 6, a policy related to auto allowances, be removed.
EXECUTIVE SESSION
15. Pursuant to Section 551.072 "Deliberations About Real Property" of the Texas Government Code,
Annotated, Subsection 551 (Texas Open Meetings Act), the Council will enter into executive session in order
to deliberate the purchase, exchange, lease, or value of real property where deliberation in an open
meeting would have a detrimental effect on the position of the governmental body in negotiations with a
third person:
Potential sites for the location of a new Police and Town Hall Facility, Annex Building, and Potential Lease of
Property
CONVENE INTO EXECUTIVE SESSION —START TIME -8:37 P.M.
RECONVENE INTO REGULAR SESSION—START TIME -9:27 P.M.
RECONVENE INTO REGULAR SESSION
16. Consider and take appropriate action regarding the Executive Session.
No action was taken.
March 10, 2015 Town Council Minutes Page 10 of 133
ADJOURN
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to adjourn. Motion carried
unanimously. Meeting adjourned at 9:27 p.m.
Holly Fim a Town Secretary C. Nick Sanders, Mayo
Town of Trophy Club, Texas Town of Trophy Club, Texas
March 10, 2015 Town Council Minutes Page 11 of 133
ATTACHMENT A
Resolution No. 2015-08
March 10, 2015 Town Council Minutes Page 12 of 133
TOWN OF TROPHY CLUB
RESOLUTION NO. 2015-08
A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING
THE WRITTEN CONSENT OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB TO THE INCLUSION OF AN APPROXIMATE 6.3702 ACRE
TRACT OF LAND WHICH IS PART OF A 7.0441 ACRE TRACT OF LAND
SITUATED IN THE JOSEPH HENRY SURVEY, ABSTRACT NO. 529, TOWN
OF TROPHY CLUB, DENTON COUNTY, TEXAS, AND BEING ALL OF THAT
CERTAIN 6.3702 ACRE TRACT OF LAND, CONVEYED BY DEED TO AND
OWNED BY THE CORPORATION OF THE PRESIDING BISHOP OF THE
CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH
CORPORATION RECORDED IN COUNTY CLERK'S FILE NO. 2010-6544,
REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS , LOCATED
WITHIN THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB,
TEXAS AND BEING MORE FULLY DESCRIBED IN EXHIBIT "A" HERETO
("THE PROPERTY") TO BE ANNEXED INTO AND THEREAFTER INCLUDED
WITHIN THE BOUNDARIES OF TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 54 of the Texas Water Code, at the request of the
Corporation of the presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah
corporation sole, the owners, (hereinafter the "Landowners") of an approximate 6.3702 acre
tract of land which is part of a 7.0441 acre tract of land situated in the Joseph Henry Survey,
Abstract Number 529, in Denton County, Texas, and located within the corporate limits of the
Town of Trophy Club, Texas as more particularly described in the plat attached hereto as
Exhibit "A", (hereinafter the "Property') a copy of which is attached hereto and incorporated
herein, have filed a petition to the Town of Trophy Club seeking the written consent of the Town
Council to the annexation of the Property into the boundaries of Trophy Club Municipal Utility
District No. 1 (hereinafter "MUD1"), a copy of the Landowner's petition is attached hereto and
incorporated herein as Exhibit "B"; and
WHEREAS, the Landowners purchased the 7.0441 acre tract of land as described on
the Owner's Certificate on Exhibit "A", and conveyed by dedication a 0.6739 portion of the land
to the Town of Trophy Club for use as a trail amenity as depicted on Exhibit "A", leaving the
Landowners' with the Property consisting of 6.3702 acres of land; and
WHEREAS, because the Property is located within the Town's corporate limits, Section
54.016 of the Texas Water Code requires that MUD1 obtain the written consent of the Town
prior to the annexation of the Property into MUD1; and
WHEREAS, there is no work to be done by the District relative to water and wastewater
infrastructure; however, the District will provide needed firefighting services to the Property; and
WHEREAS, the cost of the proposed development of the Property is estimated at
approximately $4.5 million; and
WHEREAS, the Town Council of the Town of Trophy Club determines it appropriate to
adopt this Resolution authorizing consent to the inclusion of the Property into MUD1.
March 10, 2015 Town Council Minutes Page 13 of 133
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
Section 1. That the matters set forth in the preamble hereof are true and correct are
hereby adopted.
Section 2. That the Town Council of the Town of Trophy Club hereby finds that
Landowner has complied with all legal requirements to request consent to annexation of the
Property and hereby specifically gives its written consent, as required by Section 54.016 of the
Texas Water Code, to the inclusion of the Property identified in Exhibit "A", within MUD1 as
requested in the Landowner's Petition, Exhibit "B".
Section 3. That, this Resolution shall become effective from and after its date of
passage in accordance with law.
Passed and adopted by the Town Council of the Town of Trophy Club, Texas, this the
10`h day of March, 2015.
ATTEST:
\U,4 pY 1,
V�Q 4 - NQ, -
Holly Fimbke , Town Secretary
Town of Trophy Club, Texas
RES 2015-08
March 10, 2015 Town Council Minutes
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
APPROVED AS TO FORM:
r
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Page 14 of 133
EXHIBIT "A"
PLAT WITH LEGAL DESCRIPTION
6.3702 ACRE TRACT
March 10, 2015 Town Council Minutes Page 15 of 133
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EXHIBIT "B"
PETITION TO ANNEX CERTAIN LAND INTO TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1
March 10, 2015 Town Council Minutes Page 18 of 133
1
PETITION TO ANNEX CERTAIN LAND INTO
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
STATE OF TEXAS §
COUNTY OF DENTON §
TO THE HONORABLE MAYOR AND TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
The undersigned ("Petitioner") is the owner of title to land more particularly described
in the attached Exhibit 1 (the "Property") which is located within Denton County, Texas. Acting
pursuant to provisions of Chapter 54, Texas Water Code, the undersigned respectfully petitions
the Town Council of the Town of Trophy Club, Texas for its written consent for the annexation
of the Property into the Trophy Club Municipal District No. 1 (the "District") and would
respectfully show the following:
I.
The Property proposed to be included within the Trophy Club Municipal Utility District
No. 1 contains approximately 6.3702 acres of land, more or less, situated in Denton County,
Texas. The Property lies wholly within the incorporated limits of the Town of Trophy Club.
II.
Petitioner is the sole owner of the Property.
The Property currently receives water and wastewater service from the District through
consent of the Town Council. At the present time, the property does not receive fire services from
the District and annexation would allow the District to provide this service.
IV.
For the following reasons, there is a necessity for the above-described work: the area
proposed to be within the District is urban in nature, is within the Fort Worth/Dallas
Metropolitan Complex. There is not presently available within the area fire fighting services. The
health and welfare of the present and future users of the area and of territory adjacent thereto
require fire services. A public necessity therefore exists for the annexation of the property into
the District in order to provide for fire services to protect the public health and welfare of the
community.
March 10, 2015 Town Council Minutes Page 19 of 133
J- X
THEREFORE, the Petitioner respectfully requests consent to the annexation of the
Property into the District.
T#
RESPECTFULLY SUBMITTED this day of�MQ 201.4
Corporation of the Presiding Bishop of the Church of
Jesus Christ of Latter-day Saints, a Utah corporation sole.
PROP`R� OWNE 'S LEGAL NAME
el
By: ( /' Ae�
SIGN T RE OF PkOPERTY OWNER
Title: AUTHORIZED AGENT
TITLE
STATE OF +Eiii'r9 VTXt4 §
COUNTY OF S&W4-6� §
Before me, the undersigned authority, on this day personally appeared v iF A*
of , known to me to be the person and officer w ose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for
the purposes and consideration therein expressed, as the act and deed of said
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the A- day of ,
20 ]j�'
,•%"� D. TODD EVANS
NOTARY PUBLIC - STATE OF UTAH
Seal '-° �My Comm. Exp. 09/06/2016
Commission # 657751
Corporation of the Presiding Bishop of the Church of
Jesus Christ of latter-day Saints, a Utah corporation sole.
W(- AUTHORIZED AGENT
Notary, State of s U/ •14
March 10, 2015 Town Council Minutes Page 20 of 133
ATTACHMENT B
Proclamation No. 2015-04
March 10, 2015 Town Council Minutes Page 21 of 133
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2015-04
53"d Annual Observation of Poison Prevention Week - March 15-21, 2015
WHEREAS, our society has become increasingly dependent on household
chemicals to perform labor-saving, time -saving miracles; and on medicine to
provide health -giving, life- sustaining benefits;
WHEREAS, these products, when not used as intended or directed, may be
hazardous, particularly if children gain access to them;
WHEREAS, over the past 53 years, the nation has been observing Poison
Prevention Week to call attention to these hazards and how proper handling and
disposal of these substances and proper use of safety packaging can help eliminate
them;
WHEREAS, the efforts of our community organizations, complemented by the
efforts of the North Texas Poison Center have reduced childhood poisonings in,
Trophy Club Texas.
WHEREAS, the North Texas Poison Center, a regional poison center,
located at Parkland Health & Hospital System, provides the ultimate in human
service programming, immediate, accessible emergency information to save lives of
victims of poison -related emergencies, and;
WHEREAS, these programs must continue as long as even one child
swallows a household product or medicine by mistake.
NOW THEREFORE, I, Nick Sanders , Mayor of the Town of Trophy Club, do
hereby proclaim the week of March 15-21, 2015, as Poison Prevention Week in this
town. Further, I direct the appropriate agencies in our local government to
continue their cooperation with concerned citizens and community organizations,
including our schools, to develop programs which will alert our people to the
continued danger of misusing medicines and household products and to promote
effective safeguards against accidental poisonings among young children.
PROCLAIMED THIS THE 10TH DAY OF MARCH 2015.
j —
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
_�(60)jijj��
Holly Fimbr s, Town Secretary
Town of Trophy Club, Texas
March 10, 2015 Town Council Minutes Page 22 of 133
ATTACHMENT C
Proclamation No. 2015-05
March 10, 2015 Town Council Minutes Page 23 of 133
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2015-05
2ND ANNUAL MAYORS DAY OF RECOGNITION FOR NATIONAL SERVICE
ON APRIL 7, 2015
WHEREAS, service to others is a hallmark of the American character, and central to how we
meet our challenges; and
WHEREAS, the nation's mayors are increasingly turning to national service and volunteerism
as a cost-effective strategy to meet city needs; and
WHEREAS, AmeriCorps and Senor Corps participants address the most pressing challenges
facing our cities and counties, from educating students for the jobs of the 21st century and
supporting veterans and military families to providing health services and helping communities
recover from natural disasters; and
WHEREAS, national service expands economic opportunity by creating more sustainable,
resilient communities and providing education, career skills, and leadership abilities for those who
serve; and
WHEREAS, AmeriCorps and Senior Corps participants serve in more than 60,000 locations
across the country, bolstering the civic, neighborhood, and faith -based organizations that are so
vital to our economic and social well-being; and
WHEREAS, national service participants increase the impact of the organizations they serve
with, both through their direct service and by recruiting and managing millions of additional
volunteers; and
WHEREAS, national service represents a unique public-private partnership that invests in
community solutions and leverages non-federal resources to strengthen community impact and
increase the return on taxpayer dollars; and
WHEREAS, national service participants demonstrate commitment, dedication, and patriotism
by making an intensive commitment to service, a commitment that remains with them in their future
endeavors; and
WHEREAS, the Corporation for National and Community Service shares a priority with mayors
nationwide to engage citizens, improve lives, and strengthen communities; and is joining with the
National League of Cities, City of Service, and mayors across the country to recognize the impact
of service on the Mayors Day of Recognition for National Service on April 7, 2015.
NOW THEREFORE, I, Nick Sanders, Mayor of the Town of Trophy Club, do hereby proclaim
April 7, 2015, as National Service Recognition Day, and encourage residents to recognize the
positive impact of national service in our town; to thank those who serve; and to find ways to give
back to their communiti
411
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
d,
Holly Fimbb es, Town Secretary
Town of Trophy Club, Texas
March 10, 2015 Town Council Minutes Page 24 of 133
ATTACHMENT D
Resolution No. 2015-07
March 10, 2015 Town Council Minutes Page 25 of 133
TOWN OF TROPHY CLUB
RESOLUTION NO. 2015-07
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, EXPRESSING OPPOSITION TO STATE LEGISLATION ENACTING A
CAP ON PROPERTY TAX REVENUES COLLECTED BY LOCAL
GOVERNMENTS DUE TO THE NEGATIVE IMPACT THAT WOULD RESULT
FROM THE LOSS OF LOCAL CONTROL OVER MANAGEMENT OF FISCAL
MATTERS AND THE LOSS OF LOCAL GOVERNMENT AUTHORITY TO
ADDRESS THE NEEDS OF ITS RESIDENTS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, bills have been introduced to cap the amount of property tax revenue
cities can collect each year in a misguided effort to reduce the property tax burden on
homeowners and businesses; and
WHEREAS, currently, if a Texas city increases property tax collections by more than
eight percent over the previous year, voters can petition for an election to rollback the
increase; and
WHEREAS, the existing eight percent "rollback rate" represents an effective
functioning model of limiting unchecked spending at the local level without impeding a
municipality's fundamental need to collect revenue to fund vital services; and
WHEREAS, bills have been introduced to replace that eight percent "rollback rate"
with a hard cap of four percent and require mandatory elections on an increase over four
percent — all with the false claim that this would provide property tax relief; and
WHEREAS, according to the state comptroller's latest survey of property tax rates in
1,002 cities in Texas, 67 percent of cities raised their property taxes by less than four
percent from 2012 to 2013 and 37 percent of cities actually reduced their property taxes;
and
WHEREAS, that means property owners in at least 669 Texas cities would have
seen no reduction in their city property taxes if the four percent cap had been in effect; and
WHEREAS, while the savings to individual taxpayers in Trophy Club for FY 2014-15
would only represent $1.43 per month, it would cost the Town of Trophy Club $56
thousand for the past fiscal year and if a four percent cap were in place it would result in a
reduction in Town's ability to provide exemplary services to its citizens; and
WHEREAS, if this calculation were computed for the previous ten years, the
cumulative impact would have been a loss of $198 thousand to the Town of Trophy Club;
and
RES 2015-07
March 10, 2015 Town Council Minutes Page 26 of 133
WHEREAS, this legislation will force local governments to defer critical maintenance
expenses for infrastructure assets such as facilities and streets, which will result in a more
rapid decline of city infrastructure and ultimately cause increase cost of replacement; and
WHEREAS, property taxes will not be reduced through revenue caps; instead, costs,
and the property taxes that pay for them, will be shifted to support additional debt that will
have to be issued to rebuild this infrastructure. Shifting taxes to pay debt is not a tax cut
and will cost taxpayers more in the future since communities will now be required to pay the
interest on these costs, as well; and
WHEREAS, revenue caps will impair the use of local economic incentives driving
away the job growth and businesses that have helped to make Texas the economic
development leader in the nation; and
WHEREAS, cities collect just 16 percent of the property taxes levied in Texas, and
most of the property taxes paid by Texans (55 percent) go to school districts; and
WHEREAS, according to the comptroller's report, the total amount of property taxes
collected by cities rose by 3.61 percent between 2012 and 2013, while school district tax
collections rose by more than twice that rate or 7.72 percent; and
WHEREAS, local governments are the closest to the people they represent and the
state usurping that authority decreases taxpayers input on how their money is spent in their
community; and
WHEREAS, local governments are elected by the people to govern and exercise
local control, and home rule municipalities are authorized by the Texas Constitution to
regulate fiscal matters; and
WHEREAS, local government officials are held accountable by their constituents
through the election process, and the authority of the local government should not be
eroded by State regulations that disregard the individual fiscal needs of the local
community.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
1. That all of the above recitals are true and correct;
2. That the Town Council of the Town of Trophy Club, Texas, is OPPOSED to the
legislative imposition of a revenue cap and legislative interference with local
services and local government control; and
3. That imposing a revenue cap on cities: (a) does not provide meaningful tax relief; (b)
robs municipalities of the ability to meet local needs; (c) supersedes the level of
RES 2015-07
March 10, 2015 Town Council Minutes Page 27 of 133
government that is closest to the people; and (d) usurps local authority granted by
the Texas Constitution and state law.
PASSED AND APPROVED by the Town Council of the
this 10th day of March 2015.
�...
C. Nick Sanders, Mayor Gre am;
/ 1
Tim Kurtz, Counci ember
ATTEST: O
e YAPS
Holly Fim s, Town Secretary
Town of Trophy Club, Texas
Town of Trophy Club, Texas on
nt, Mayor Pro Tem
Council Member
hilip Sh , Council Member
�G�APPROVED AS TO FORM:
RES 2015-07
Patricia A. Adams, Tow^ Attorney
Town of Trophy Club, Texas
March 10, 2015 Town Council Minutes Page 28 of 133
ATTACHMENT E
Ordinance No. 2015-05
March 10, 2015 Town Council Minutes Page 29 of 133
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2015-05
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 2015-02 ORDERING AND
CALLING A JOINT GENERAL ELECTION FOR THE TOWN OF
TROPHY CLUB ("TOWN") TO BE HELD ON MAY 9, 2015 FOR
THE PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER
FOR PLACE #3 AND ONE COUNCIL MEMBER FOR PLACE #4
TO THE TOWN COUNCIL EACH FOR A TERM OF THREE (3)
YEARS; DECLARING UNOPPOSED CANDIDATES IN THE MAY
9, 2015 JOINT GENERAL ELECTION ELECTED TO OFFICE;
CANCELING THE ELECTION; PROVIDING FOR ISSUANCE OF
CERTIFICATE OF ELECTION DECLARING EACH UNOPPOSED
CANDIDATE ELECTED TO OFFICE; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 10, 2015, the Town Council of the Town of
Trophy Club, Texas (the "Town") passed and approved Ordinance No. 2015-02,
which Ordinance ordered a Joint General Election of the Town of Trophy Club,
Texas, for the purpose of electing one (1) Council member for Place #3 and one
(1) Council member for Place #4 for a three (3) year term each; and
WHEREAS, the Town Secretary has certified in writing that no person has
made a declaration of write-in candidacy for either of the two (2) Council Member
seats, and that each of the two (2) Council Members on the ballot is unopposed
for election to office; and
WHEREAS, the filing deadlines for placement on the ballot and
declaration of write-in candidacy have passed; and
WHEREAS, no proposition is to appear on the ballot in that election in
relations to the two (2) Council Members; and
WHEREAS, in these circumstances Subchapter C, Chapter 2 of the
Election Code authorizes the Town Council to declare the candidates elected to
office and cancel the election.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS, THAT:
ORD 2015-05
March 10, 2015 Town Council Minutes Page 30 of 133
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
ISSUANCE OF ELECTION CERTIFICATE
The following candidates, who are unopposed in the May 9, 2015, Joint
General Election, are declared elected to office, and shall be issued certificates
of election following the time the election would have been canvassed:
Council Member Place #3 Rhylan Rowe
Council Member Place #4 Tim Kurtz
SECTION 3.
POSTING
The May 9, 2015, Joint General Election is canceled, and the Town
Secretary is directed to cause a copy of this ordinance to be posted on election
day at each polling place used or that would have been used in the election.
SECTION 4.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall
not repeal any of the provisions of such Ordinances except for those instances
where there are direct conflicts with the provisions of this Ordinance.
Ordinances or parts thereof in force at the time this Ordinance shall take effect
and that are inconsistent with this Ordinance are hereby repealed to the extent
that they are inconsistent with this Ordinance. Provided however, that any
complaint, action, claim or lawsuit which has been initiated or has arisen under
or pursuant to such Ordinance on the date of adoption of this Ordinance shall
continue to be governed by the provisions of that Ordinance and for that purpose
the Ordinance shall remain in full force and effect.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of this Ordinance, and the Town Council
hereby declares it would have passed such remaining portions of this Ordinance
ORD 2015-05
March 10, 2015 Town Council Minutes Page 31 of 133
2
despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 6.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to
engross and enroll this Ordinance in the Ordinance records of the Town and to
properly record this Ordinance in accordance with the Town Charter.
SECTION 7.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of
passage, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas this 10th day of March 2015.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
O
ATTEST:
O Z �0
mI [SEAL]
v
V
co
Holly Fimb es, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
ORD 2015-05
March 10, 2015 Town Council Minutes Page 32 of 133
ATTACHMENT F
Competitive Bid for Park Services
March 10, 2015 Town Council Minutes Page 33 of 133
THE TOWN OF TROPHY CLUB, TEXAS
SPECIFICATIONS/ CONTRACT DOCUMENTS FOR
PARK SERVICES FOR THE TOWN OF TROPHY CLUB
MAYOR
Nick Sanders
TOWN MANAGER
Stephen Seidel
PARKS AND RECREATION DIRECTOR
Adam Adams
March 10, 2015 Town Council Minutes Page 34 of 133
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
March 10, 2015 Town Council Minutes Page 35 of 133
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 PARK SERVICES for the Town of Trophy Club will be received at the Town
Offices, 100 Municipal Drive, Trophy Club, Texas 76262 from Monday, March 23, 2015
until Wednesday, May 6t", 2015, at 5:00p.m. All proposals will be publicly opened and
read aloud on May 7t", 2015, at 2:00 p.m. at Town offices. A mandatory pre-bid
conference will be held at 10:00 a.m. on April 13, 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.
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
I. Drainage maintenance
m. Weekend support
n. Irrigation
o. Chemical application
p. Special events support
q. Miscellaneous services
March 10, 2015 Town Council Minutes Page 36 of 133
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March 10, 2015 Town Council Minutes Page 42 of 133
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March 10, 2015 Town Council Minutes Page 43 of 133
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March 10, 2015 Town Council Minutes Page 44 of 133
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March 10, 2015 Town Council Minutes Page 45 of 133
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March 10, 2015 Town Council Minutes Page 46 of 133
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March 10, 2015 Town Council Minutes Page 48 of 133
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A MANDATORY PRE-BID CONFERENCE WILL BE HELD AT 10:00 A.M. ON APRIL
13, 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.
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.
March 10, 2015 Town Council Minutes Page 54 of 133
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 10:00 A.M. ON April 13, 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 ten (10) 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
March 10, 2015 Town Council Minutes Page 55 of 133
contract award, bidder may be disqualified and the work awarded to the next lowest
bidder so qualifying.
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, UNIT SEVERABILITY 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.
Bidders are further advised that the services identified herein for which the Town seeks
competitive bids have been separated into individual units based upon the nature and
scope of the work needed. The Town intends to award a contract to a single bidder.
The Town reserves the right to award a contract for all identified units or for any
combination of units as determined beneficial and appropriate to the Town and its
operations in the sole discretion of the Town.
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
March 10, 2015 Town Council Minutes Page 56 of 133
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.
March 10, 2015 Town Council Minutes Page 57 of 133
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
March 10, 2015 Town Council Minutes Page 58 of 133
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.
March 10, 2015 Town Council Minutes Page 59 of 133
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:
March 10, 2015 Town Council Minutes Page 60 of 133
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.
March 10, 2015 Town Council Minutes Page 61 of 133
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.
March 10, 2015 Town Council Minutes Page 62 of 133
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
PROJECT DOCUMENTS, INCLUDING BUT NOT LIMITED
SPECIFICATIONS AND CONTRACT DOCUMENTS.
GUIDELINES, AND
TO THE PROJECT
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.
March 10, 2015 Town Council Minutes Page 63 of 133
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 any work awarded to it?
If yes, provide details on when, where and why.
March 10, 2015 Town Council Minutes Page 64 of 133
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
March 10, 2015 Town Council Minutes Page 65 of 133
grounds for the termination of the contract for construction, should one have been
issued to the bidder.
Name of Company:
Signature:
Print Name:
Title:
REFERENCES
Proposals should include five institutions, of similar or the same size, where your
organization has provided 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:
March 10, 2015 Town Council Minutes Page 66 of 133
Email address:
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
March 10, 2015 Town Council Minutes Page 67 of 133
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 thirty (30) calendar days of
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 Town 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; Triangle by Bridge on Trophy Club Drive; Fairway Village Median;
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 #
39 on Oakhill Drive; Trophy Lake Drive and Village Trail; Portions 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; The Lakes'
Subdivision Creek; Three(3) open space areas; Bobcat Blvd common areas and
medians; Various entrance and common space areas within the Highlands(irrigation
only); Rosebay Ct lot #48 in 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; Town
water tower property: MUD lift/well sites 1-13; Svore Building; MUD water storage area
The Service Areas are identified for each area in the section titled exhibits, attached
hereto.
March 10, 2015 Town Council Minutes Page 68 of 133
Maintenance Schedule:
MEDIANS AND RELATED AREAS IRRIGATED:
Entrance to Medlin Cemetery; 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 median; Brook Hollow Ln; Trophy Club Dr
connecting trail; Common area west side of Trophy Lake Dr; 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
March 10, 2015 Town Council Minutes Page 69 of 133
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Cost per cycle
8 Cycles per year
Annual Cost (#Cycles X Cost/cycle):
MEDIANS AND RELATED AREAS NON -IRRIGATED:
Lot on Sonora; Triangle by Bridge on Trophy Club Drive; Lot 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 #
39 on Oakhill Drive; Trophy Lake Drive and Village Trail; Portions 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):
March 10, 2015 Town Council Minutes Page 70 of 133
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):
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) times per year.
Cost per cycle:
8 Cycles per year
Annual Cost (#Cycles X Cost/cycle):
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):
FREEDOM PARK
March 10, 2015 Town Council Minutes Page 71 of 133
Annual:
1. Install new fibar in playground
2. Replace artificial turf in big dog entrance
3. Install pea -gravel in both entrances
Annual Cost:
Bi -annual:
1. Add sand to sand box (2" below concrete lip)
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 and remove animal feces (36) times per year
(must be done on Tuesdays)
Cost per cycle:
36 Cycles per year
Annual Cost (#Cycles X Cost/cycle):
March 10, 2015 Town Council Minutes Page 72 of 133
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 trash liners
3. Inspect entry gates (5)
4. Inspect 3 double gates
5. Inspect doggy stations/replace bags
6. Rake playground
7. Wash out and refill large dog bowls
8. Inspect dog equipment
9. Adjust and repair all park signage
Cost per cycle:
258 Cycles per year
Annual Cost (#Cycles X Cost/cycle)
HARMONY PARK
Mowing Services:
Mow, weed -eat and edge common areas and trails (36) times per year
Cost per cycle:
36 Cycles per year
March 10, 2015 Town Council Minutes Page 73 of 133
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):
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
March 10, 2015 Town Council Minutes Page 74 of 133
Annual cost:
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):
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)
March 10, 2015 Town Council Minutes Page 75 of 133
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)
LAKEVIEW PARK:
Mowing Services:
Mow, weed -eat and edge common areas and trail (24) times per year
Cost per cycle:
24 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)
March 10, 2015 Town Council Minutes Page 76 of 133
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
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:
March 10, 2015 Town Council Minutes Page 77 of 133
Top dress soccer fields
Annual cost:
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
March 10, 2015 Town Council Minutes Page 78 of 133
72 cycles
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
258 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
March 10, 2015 Town Council Minutes Page 79 of 133
13. Hand rake running lanes, home plate areas, pitching mounds
and bull -pens
14. Drag skinned areas with Toro Sandpro or equivalent
Cost per cycle
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
Cost per cycle
8 cycles per year
Annual cost (#Cycles X Cost/cycle)
Once a month maintenance (warm season):
Aerate fields only during warm season
Cost per cycle
3 cycles per year
Annual cost (#Cycles X Cost/cycle)
Quarterly:
Till fibar in playgrounds
Cost per cycle:
4 cycles per year
March 10, 2015 Town Council Minutes Page 80 of 133
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
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
Annual cost:
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:
March 10, 2015 Town Council Minutes Page 81 of 133
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):
TROPHY CLUB PARK:
Mowing Services: Mow, weed -eat, edge, trash removal along pipe rail fence and large
common areas. Brush -hog beginners OHV area. (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):
MUD FACILITIES:
Lift/well stations 1-13:
Mowing Services: Mow, weed -eat, edge, (1) one time per week for 18 weeks.
Cost per cycle:
March 10, 2015 Town Council Minutes Page 82 of 133
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 (8) per year
Cost per cycle
8 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
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:
March 10, 2015 Town Council Minutes Page 83 of 133
18 Cycles per year
Annual Cost (#Cycles X Cost/cycle):
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:
120 man-hours per week
Cost per cycle:
4 Cycles per year
Annual Cost (#Cycles X Cost/cycle):
WEEKEND SUPPORT:
NY M_ ITZTITR 0
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)
IRRIGATION:
March 10, 2015 Town Council Minutes Page 84 of 133
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
(80 hours per week X cost per hour X 52 weeks)
CHEMICAL APPLICATION:
Weekly:
Provide (40) forty hours of herbicide, fertilizer, pesticide and spot spraying
support.
Cost per hour
40 hours per week
Annual cost
(40 hours per week X cost per hour X 52 weeks)
Annually:
Fire Ant control/ 2 lbs of Top Choice per 1,000 sq. ft
Annual Cost:
Grub control/ 1.8 lbs of Merit per 1,000 sq. ft
Annual Cost:
March 10, 2015 Town Council Minutes Page 85 of 133
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
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
Annual Cost:
SPECIAL EVENTS SUPPORT:
Annually:
March 10, 2015 Town Council Minutes Page 86 of 133
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
Fall Campout
Christmas
Set-up/take down
Easter
Back to Nature
Spring Campout
July Fourth
Petfest
Spring Event
Garden Tour
Cost per hour
393 hours per year
4 workers/20 hours
2 workers/16 hours
4 workers/32 hours
4 workers/96 hours
2 workers/16 hours
4 workers/32 hours
2 workers/16 hours
11 workers/77 hours
4 workers/32 hours
4 workers/32 hours
3 workers/24 hours
Annual cost (cost per hour X hours per year)
MISCELLANEOUS SERVICES:
Bi -annual color change (include labor and bed prep in flat price):
March 10, 2015 Town Council Minutes Page 87 of 133
Cost per flat
2500 flats
Annual cost (#flats X cost per flat)
Tree pruning and disposal:
Cost per hour
140 hours
Annual cost (#hours X cost per hour)
General Labor:
Cost per hour
1,747 hours per year
Annual cost (#cost per hour X hours per year)
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
March 10, 2015 Town Council Minutes Page 88 of 133
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
Addendum No. 2 Dated
Addendum No. 3 Dated
Addendum No. 4 Dated
Seal and Authorization
(If a Corporation)
Received
Received
Received
Received
CONTRACTOR
By:
Title
Address
City, State, Zip
Telephone
-END OF PROPOSAL -
March 10, 2015 Town Council Minutes Page 89 of 133
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:
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:
March 10, 2015 Town Council Minutes Page 90 of 133
Signed by:
Contractor
Printed Name:
Date Signed:
March 10, 2015 Town Council Minutes Page 91 of 133
SECTION 6.
**PARK SERVICES AGREEMENT BETWEEN
THE TOWN OF TROPHY CLUB AND CONTRACTOR
**This document is a substantial copy of the Agreement that
the successful bidder will be required to execute. The Town
reserves the right to make changes to this document as it
deems appropriate and necessary based upon the actual
project awarded.
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, is agreeable
to Contractor providing Park Services, in accordance with this Agreement, in and upon
the Property.
March 10, 2015 Town Council Minutes Page 92 of 133
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
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 "A" -
"Specifications/Contract Documents for Park Services for the Town of
Trophy Club, Texas", including without limitation Sections 1 through 11,
a copy of which is attached hereto and incorporated herein; Exhibit "B"
— Insurance Requirements; Exhibit "C" - 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. Mowing:
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 for baseball infields and
without for other turf mowing
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
March 10, 2015 Town Council Minutes Page 93 of 133
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 equipped with 3/4 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.
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 '/4 " depth for proper
coverage at a rate of 3/4 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.
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.
March 10, 2015 Town Council Minutes Page 94 of 133
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
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
March 10, 2015 Town Council Minutes Page 95 of 133
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.
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 one hundred and twenty (120) 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
March 10, 2015 Town Council Minutes Page 96 of 133
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
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)
March 10, 2015 Town Council Minutes Page 97 of 133
TOWN OF TROPHY CLUB, TEXAS
yyl
ATTEST:
TOWN SECRETARY
APPROVED AS TO FORM:
TOWN ATTORNEY
(Print Name)
(Title)
NICK SANDERS
MAYOR
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the
, 2015 by ,
day of
March 10, 2015 Town Council Minutes Page 98 of 133
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.
Notary Public, State of Texas
March 10, 2015 Town Council Minutes Page 99 of 133
EXHIBIT "A"
Specifications/Contract Documents for Landscape Services for the Town of
Trophy Club
March 10, 2015 Town Council Minutes Page 100 of 133
EXHIBIT "B"
Insurance Requirements
March 10, 2015 Town Council Minutes Page 101 of 133
EXHIBIT "C"
Contractor's Proposal
March 10, 2015 Town Council Minutes Page 102 of 133
SECTION 7.
PERFORMANCE BOND
March 10, 2015 Town Council Minutes Page 103 of 133
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:
Park 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.
March 10, 2015 Town Council Minutes Page 104 of 133
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 ,
ATTEST:
ATTEST:
PRINCIPAL:
BY:
Name
TITLE:
SURETY:
BY:
Name
TITLE:
The Resident Agent of the Surety in Denton County or Tarrant County, Texas, for
delivery of notice and service of process is:
'IF
_1►Yil 4
STREET ADDRESS:
March 10, 2015 Town Council Minutes Page 105 of 133
CITY, STATE, ZIP:
NOTE: Date on Paqe 1 of Performance Bond must be same date that Town Council
awarded Contract. Date on Pa-ge 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.
March 10, 2015 Town Council Minutes Page 106 of 133
SECTION 8.
PAYMENT BOND
March 10, 2015 Town Council Minutes Page 107 of 133
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
March 10, 2015 Town Council Minutes Page 108 of 133
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 ,
ATTEST:
ATTEST:
PRINCIPAL:
BY:
Name
TITLE:
SURETY:
BY:
Name
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.
March 10, 2015 Town Council Minutes Page 109 of 133
SECTION 9.
INSURANCE REQUIREMENTS
March 10, 2015 Town Council Minutes Page 110 of 133
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.
March 10, 2015 Town Council Minutes Page 111 of 133
INSURANCE CHECKLIST
(SERVICES)
("X" means the coverage is required.)
Coverages Required
X 1. Workers' Compensation &
Employers' Liability
2. For Future Use
3. Town Approved Alternative
Workers' Comp. Program
X 4. General Liability
X 5. General aggregate applies
per project (CGL)
X 6. Premises/Operations
X 7. Independent Contractors
X 8. Products
X 9. Completed Operations
X 10. Contractual Liability
X 11. Personal Injury Liability
12. XCU Coverages
X 13. Automobile Liability
X 14. Owned, Hired & Non -owned
Limits (Figures Denote Minimums)
Statutory limits of State of Texas
$100,000 accident $100,000 disease
$500,000 policy limit disease
150,000 medical, safety program
Complete entry No. 26
Minimum 500,000 each incident
1,000,000 occurrence
$500,000 combined single limit
for bodily injury and property damage
damage each occurrence with
$1,000,000 general aggregate that
applies to project under contract
$500,000 each offense & aggregate
$500,000 Bodily Injury & Property
Damage each accident
March 10, 2015 Town Council Minutes Page 112 of 133
15. Motor Carrier Act Endorsement
16. Professional Liability
17. Garage Liability
18. Garagekeepers' Legal
X 19. Owners Protective
Liability
$500,000 Bodily Injury &
Property Damage each accident.
$ BI & PD each occurrence
$ - Comprehensive
$ - Collision
$500,000 Combined single limits
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-", Wl" 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):
March 10, 2015 Town Council Minutes Page 113 of 133
OCCURRENCE[] CLAIMS MADE [ ]
Insurance Agent (Print)
Signature
Date
March 10, 2015 Town Council Minutes Page 114 of 133
=M 11 _7 11111 WAIN
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.
March 10, 2015 Town Council Minutes Page 115 of 133
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
March 10, 2015 Town Council Minutes Page 116 of 133
TOWN GIVES NOTICE TO THE CONTRACTOR AFTER THE TOWN'S
FINAL ACCEPTANCE OF THE WORK.
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.
March 10, 2015 Town Council Minutes Page 117 of 133
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.
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:
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;
March 10, 2015 Town Council Minutes Page 118 of 133
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.
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
March 10, 2015 Town Council Minutes Page 119 of 133
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.
March 10, 2015 Town Council Minutes Page 120 of 133
E. The Contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
(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.
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;
March 10, 2015 Town Council Minutes Page 121 of 133
(4) obtain from each other person with whom it contracts, and provide to the
Contractor:
(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.
March 10, 2015 Town Council Minutes Page 122 of 133
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
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SECTION 10.
CERTIFICATE OF INSURANCE
(To Be Provided by Successful Bidder)
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GENERAL REQUIREMENTS 11.
L 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 Objective
is to maintain the same level of service and consideration for the overall
public well-being of the Town that currently exists. The Town intends to
award this contract to one Contractor but reserves the right to award a
contract for all identified units or for any combination of units as
determined beneficial and appropriate to the Town and its operations in
the sole discretion of the Town.
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, prioritization 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/hour bid.
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IL SPECIFI CA TIONS
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 from contract administrator. Weekend and special event
support will be coordinated by the Town.
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. Work
performed on medians shall require the use of cones to ensure safe
working conditions for contract personnel and the public.
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
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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.
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.
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.
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16. Weather/growth conditions may cause the cancellation of a mowing
cycle, as determined solely by the contract administrator. The
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 5 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
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assigned mowing height. Care shall be used to avoid injury to plant
material. Trimming shall be completed concurrently with mowing
on every cycle
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.
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
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to produce a completed Form 1-9 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 five (5) days written notice to bidder.
Any document that is printed and submitted to the Town becomes a government record.
Falsification of documents carries a criminal penalty for falsification of government
records as described in the Texas Penal Code.
Contractor Employee Background Screening
All Contractor personnel shall be required to undergo successful background screening
prior to assignment to the Town
Contractor shall be solely responsible for background screening for persons planned or
scheduled for assignment on Town premises.
By assigning Contractor personnel to the Town, Contractor attests that Contractor has
completed a background check on the Contractor personnel being assigned.to perform
the duties delineated in this contract.
Pre -assignment background screening for Contractor personnel shall be considered
acceptable if a successful background was completed by the Contractor or
Subcontractor firm within the ninety (90) days immediately preceding assignment of the
individual Contractor personnel to Town
Background screening shall be at the Contractor's or Subcontractor's firm expense and
shall not be reimbursable by the Town unless agreed upon in a written contract. The
results of Contractor background screenings shall not be shared with Town
representatives.
Contractor and Subcontractor shall authorize Town representatives to conduct audits,
compliance reviews and investigations, which may require review of background
screening records.
Contractor or Subcontractor firms that falsify and/or knowingly report an incorrect
background status for Contractor personnel assigned to and/or working on Town
premises shall be dismissed and removed from the job and barred from conducting
further business with the Town.
Any Contractor or Subcontractor who falsifies information and/or knowingly reports
incorrect information regarding a person assigned to Town premises, worksites or
projects shall be dismissed and removed from the job and barred from conducting
further business with the Town.
APPLICABILITY
This requirement applies to all contractors including but not limited to independent
contractors, subcontractors and contractors through a third party.
PURPOSE OF PRE -ASSIGNMENT BACKGROUND SCREENING
• Provide safe work environment
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• Limit Town's legal liability to allegations of negligent hiring, etc.
• Further verify identity and legal authority to work in the United States
• Reduce risk to residents
CONTRACTOR FIRM RESPONSIBILITIES
Contractors providing work or services to the Town shall:
• Have a written policy and procedures for the conduct of background screening
• Conduct screening and verify worker's backgrounds in accordance with the
applicable state and federal laws
• Use a reliable, vetted and properly qualified background screener
• Ensure the privacy of workers as required by law
• Complete background screening check prior to assignment
• Perform routine scheduled background updates as necessary to ensure the integrity
of the workers and "For Cause" background updates when warranted
• Inform the Town immediately if a contract worker no longer meets Contractor's
background screening criteria
REQUIRED ELEMENTS OF CONTRACTOR BACKGROUND SCREENING
• 7 -Year Criminal Conviction History (county, state, and federal records) — with
automatic ban for those under indictment for, or convicted of, an offense involving:
Theft, Fraud or Burglary.
• Violent crimes, including sexual related offenses, if the assignment could
potentially create an "at risk" situation to the public.
• Unlawful possession, use, sale, distribution or manufacture of an explosive
device, firearm, or other illegal weapon.
• Unlawful sale, distribution or manufacture of an illegal drug, controlled substance or
drug paraphernalia.
• Unlawful use of an illegal drug, controlled substance or drug paraphernalia may
disqualify the individual based on the circumstances, nature and length of time since the
conviction occurred.
• For purposes of screening the term "Criminal Conviction" includes Deferred
Adjudication, No Contest pleas, and related Attempts and/or Conspiracy to
commit the offenses identified above.
• Check of name against specified Terrorist Watch List(s).
• Verification of Social Security Number.
• Verification of Immigration Status, including valid 1-9 Form where applicable. Note
the Town expressly prohibits any contractor from employing any person on
Town premises who does not have valid authorization to work in the United
States.
• Driving History (Where permitted by law and if contractor is required to operate a
motor vehicle on Town premises).
PRIVACY OF CONTRACTOR WORKER INFORMATION
The results of contractor or subcontractor background screenings shall not be shared
with Town and Contractors and Subcontractors shall not be required to furnish copies of
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completed background screening reports on their employees to the Town. Further,
Contractors and Subcontractors shall not disclose to the Town those factors or events
that resulted in an individual's disqualification from assignment to Town premises
except with the written permission of the individual involved.
AUDIT OF CONTRACTOR'S PROGRAM
By assigning Contractor's workers to Town premises, worksites or projects the
Contractor attests that the Contractor has completed a satisfactory background check
on the worker being assigned.
However, the Town reserves the right to audit Contractor's background screening
program at any time.
The Contractor shall, upon request, permit an authorized Town representative to review
personnel backgrounds, including those of individual Contractor workers, in order to
conduct a review, audit or investigation. Contractors shall ensure this audit requirement
is extended to Subcontractors they may employ on Town premises.
NON-COMPLIANCE
Any Contractor or Subcontractor firm that knowingly and/or intentionally falsifies or
reports information or incorrect background status on a contract worker assigned to
and/or working on Town premises or projects shall immediately remove the worker in
question from the premises or project. Subsequently, the Contractor firm shall be
dismissed from the job and permanently barred from conducting further business with
the Town.
Any Contractor firm that, while acting in good faith, errs in reporting the correct
background status of a contract employee working on Town premises shall, as soon as
practicable upon discovery of the error, notify the appropriate Town representative of
the employee's correct status. The Contractor shall then take immediate steps to
remove the individual from Town premises and replace the person with a qualified
individual.
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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
Attach additional sheets as needed.
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