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HomeMy WebLinkAbout01-09-17 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Work Session but not prior to the posted start time. Mission Statement Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesses with superior municipal and academic services that are accessible, efficient, cost-effective, and transparent. Westlake, Texas – “One-of-a-kind community; natural oasis – providing an exceptional level of service.” Page 1 of 2 TOWN OF WESTLAKE, TEXAS Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. TOWN COUNCIL MEETING AGENDA JANUARY 9, 2017 1301 Solana Blvd. Building 4, Suite 4202 2ND FLOOR, COUNCIL CHAMBER WESTLAKE, TX 76262 Regular Session: 5:00 p.m. Page 2 of 2 Regular Session 1. CALL TO ORDER 2. DISCUSSION AND CONSIDERATION OF ORDINANCE 812, CALLING AND ORDERING AN ELECTION FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS TO BE HELD ON MAY 6, 2017, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 23.023, TEXAS LOCAL GOVERNMENT CODE. 3. DISCUSSION AND CONSIDERATION OF RESOLUTION 17-01, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH C. GREEN SCAPING LP TO COMPLETE PHASE I OF THE OUTDOOR LEARNING STATIONS WHICH INCLUDES THE VEGETABLE GARDEN STATION AND SIDEWALKS, AND AUTHORIZE THE TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000.00 ON THIS PROJECT. 4. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1301 Solana Blvd., Building 4, Suite 4202, Westlake, TX 76262, January 4, 2017, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, January 09, 2017 TOPIC: Consider an Ordinance Calling and Ordering an Election for the purpose of Electing Three (3) Council Members to be Held on May 6, 2017, in Accordance with the provisions of Section 23.023, Texas Local Government Code. STAFF CONTACT: Kelly Edwards, Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase CSS Satisfaction Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: December 20, 2016 Completion Date: May 6, 2017 Funding Amount: $14,000 Status - Funded Source - General Fund The amount may fluctuate based on the number of entities that conduct a joint election with each County. EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Texas Election Code §3.004, requires the governing body of a political subdivision to order a general election for the purpose of electing three (3) Council Members. As outlined in the order, the term of office for the elected officials is two (2) years. (expiring May 2019) Page 2 of 2 Three (3) Council terms expire May 2017. Those terms represent Council Members Langdon, Rennhack and Stoltenberg seats. RECOMMENDATION Staff recommends approval of the Ordinance to Call the Election. The Town will then, take future action, to enter into contracts with both Denton and Tarrant County allowing voters to visit a single site to cast ballots in both the Town and Carroll, Keller or Northwest ISDs elections. In this scenario, Tarrant Co. would process the Tarrant Co. voters and Denton Co. would process Denton Co. voters. ATTACHMENTS Ordinance Ordinance 812 Page 1 of 4 TOWN OF WESTLAKE ORDINANCE NO. 812 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, CALLING AND ORDERING AN ELECTION FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS TO BE HELD ON MAY 6, 2017, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 23.023, TEXAS LOCAL GOVERNMENT CODE; ESTABLISHING PROCEDURES FOR THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the general election for the Town of Westlake as set forth by the Texas Election Code, is required to be held on May 6, 2017, for the purpose of electing three (3) Council Members for two (2) year terms; and WHEREAS, in accordance with Section 271.002 of the Texas Election Code , the Town of Westlake election will be conducted jointly with other political subdivisions in Tarrant and Denton counties. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, THAT: SECTION 1: Election Order for General Election. That an election is hereby ordered to be held on the 6th day of May 2017, the second Saturday of that month, for the purpose of electing three (3) Council Members for two (2) year terms, in accordance with Section 23.023 of the Texas Local Government Code. SECTION 2: Polling Place. The polling places and the county elections precincts whose qualified voters shall cast ballots at such location as determined per the Joint Election Agreement and Contract for Elections Services with the Tarrant and Denton County Election Administrators.: The polls shall be open from 7:00 a.m. to 7:00 p.m. on May 6, 2017, in accordance with and pursuant to the requirements of the Texas Election Code (the “Code”). SECTION 3: Filing Dates. In accordance with Section 143.007 of the Code, eligible persons wishing to become candidates must file an application with the Town Secretary of the Town of Westlake, Texas, beginning on January 18th through the 17th day of February 2017 until 5:00 o'clock p.m. Each application shall be on a form meeting the requirements of the Code. SECTION 4: Combined Ballots. Combined ballots may be utilized containing all of the offices and propositions to be voted on at each polling place, provided that no voter shall be given a ballot or permitted to vote for any office or proposition on which the voter is ineligible to vote. The County’s voting equipment will be utilized for this election. Ordinance 812 Page 2 of 4 SECTION 5: Early Voting. Early Voting by personal appearance shall be conducted at the County’s Main Early Voting location; Residents living in Tarrant County Tarrant County Elections Center 2700 Premier Street Fort Worth, Texas 76111 Residents living in Denton County Denton County Elections 701 Kimberly Drive, Suite A101 Denton, Texas 76208 and branch offices for early voting by personal appearance shall be established as outlined in the Election Agreement and Contract for Election Services with Tarrant and Denton County. Tarrant County Elections Administrator and Denton County Election Administrator, are hereby appointed as the Early Voting Clerk and can appoint the necessary deputy clerks as required for early voting. In accordance with Section 85.001 of the Texas Election Code, early voting by personal appearance shall be as set forth below: Tarrant County Early Voting April 24-28 (Monday-Friday) 8:00 a.m. - 5:00 p.m. April 29 (Saturday) 7:00 a.m. – 7:00 p.m. April 30 (Sunday) 11:00 a.m. – 4:00 p.m. May 1-2 (Monday – Tuesday) 7:00 a.m. – 7:00 p.m. Denton County Early Voting April 24 – April 29 (Monday – Saturday) 8:00 a.m. - 5:00 p.m. May 1 – May 2 (Monday – Tuesday) 7:00 am. - 7:00 p.m. Applications for ballots by mail must be received no later than the close of business on April 20, 2017. SECTION 6: Notice. Notice of said elections shall be given as required by the Texas Election Code. Ordinance 812 Page 3 of 4 SECTION 7: Election Officials. The election judge, alternate election judge, and ballot board will be appointed by the Tarrant and Denton County Elections Administrator, as permitted by law. The presiding judge shall appoint elections clerks as may be necessary for the proper conduct of the election. The election judge or the alternate election judge in the absence of the election judge, and the election clerks shall constitute the early voting ballot board. The election judge, and alternate election judge, and election clerks shall be qualified voters of the Town. SECTION 8: Election Results. That the candidates for Council who receive the highest number of votes shall be elected to two (2) year terms; The Mayor shall deliver a certificate of election to the successful candidates. In the event of a tie, the tied candidates shall cast lots to determine which one shall be declared elected; and SECTION 9: Governing Law. The election shall be held in accordance with the Constitution of the State of Texas and the Texas Election Code, and all resident qualified voters of the Town shall be eligible to vote at the election. SECTION 10: Submission to the United States Justice Department. The Town Secretary of the Town of Westlake, Texas, or the Town Attorney, is authorized to make such submissions as are necessary to the United States Justice Department to seek pre-clearance as required by law. SECTION 11: Necessary Actions. The Mayor and the Town Secretary, in consultation with the Town Attorney, are authorized and directed to take all actions necessary to comply with the provisions of the Texas Election Code, and the Town Code in carrying out and conducting the election, whether or not expressly authorized by this Order. SECTION 12: Severability Clause. It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses and phrases of this order are severable and if any phrase, clause, sentence, paragraph, or section shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this order, since the same would have been enacted by the Town Council without the incorporation in this order of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ordinance 812 Page 4 of 4 SECTION 13: Effective Date. This order shall be effective upon its adoption. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 9th DAY OF JANUARY 2017. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, January 09, 2017 TOPIC: Discussion and Consideration of a Resolution Authorizing the Town Manager to enter into an agreement with C. Green Scaping LP to complete Phase I of the outdoor learning stations which includes the vegetable garden station and sidewalks, and authorize the Town Manager to make funding changes not to exceed $25,000.00 on this project. STAFF CONTACT: Troy J. Meyer, Facilities Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. People, Facilities, & Technology Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 10, 2017 Completion Date: March 31, 2017 Funding Amount $116,000 Status - Funded Source - Contributions/Grants EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In March of 2016, the Westlake Academy Foundation raised $102,200 to create a master plan for outdoor learning stations on the Academy campus. The master plan would include 5 to 8 activity stations to be used by grades, K-12. The stations may include a vegetable garden, interactive math and sciences plaza, music station, art court yard, wetland and nature trail. David McCaskill’s architect firm was hired in April of 2016 to create the master plan, cost estimate and design of each of the activity stations. The firm created a video survey to obtain feedback from the students and facility members in May of 2016. The Outdoor Leaning team included key facility staff members and administrators who reviewed the 500 plus responses form the video survey. The team concluded that Phase I would have the math and sciences stations and a vegetable garden. In June, the architect firm began to develop pricing estimates for all the stations and performed site visits to determine the best practices for each station. Staff presented the findings to the Foundation board in August of 2016. The feedback from the Foundation board and team was to use the area to the north of the gym to locate both the vegetable garden and combine the math and science stations with the astronomy station. In November 2016, the following bids were received from vendors to complete Phase 1 - the math & sciences plaza and vegetable garden: Green Scaping $235,582 Fulkenburg $369,302 Fort Worth Civil $339,246 Staff presented the bid results to the Foundation on December 14, 2016. The recommendation was to remove the math and sciences plaza (Phase II $135,000) and move forward with the vegetable garden, sidewalks and site grading for Phase II at $100,725. The Foundation board and executive principal agreed to allocate $116,000 for the project, which includes the $102,200 for the the gallery night event and $13,800 from WAF grants. Westlake Academy facility members and foundation are working together to create a promotional video for the Phase II math and science plaze to be presented as a fund-an-item for the 2017 Galley Night event. The video will include how the plaza will be used at each grade level and give the student the opportunity to learn in a natural environment. RECOMMENDATION Staff recommends the approval of this agreement for $100,724 with Green Scaping LP to complete Phase I of the outdoor learning which includes the vegetable garden, sidewalks and site grading for Phase II and authorize Town Manager to make funding changes not to exceed $25,000.00 on this project. ATTACHMENTS Resolution Exhibit A, Agreement Resolution 17-01 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 17-01 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH GREEN SCAPING LP TO COMPLETE PHASE I OF THE OUTDOOR LEARNING STATIONS WHICH INCLUDES THE VEGETABLE GARDEN STATION AND SIDEWALKS, AND AUTHORIZE THE TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000.00 ON THIS PROJECT. WHEREAS, the Town of Westlake owns and operates the Westlake Academy and provides facilities for Town and Academy use; and, WHEREAS, Phase I of the outdoor learning station includes a vegetable garden, sidewalks and site work for Phase II which is designed for grades K-12; and, WHEREAS the vegetable garden will give the Westlake Academy facility members the tools to enhance the outdoor learning experience; and, WHEREAS, the Town Council finds that the passage of this resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council hereby approves the agreement with Green Scaping LP to complete Phase I of the outdoor learning stations which includes the vegetable garden station and sidewalks and authorize Town Manager to make funding changes not to exceed $25,000.00 on this project., attached as Exhibit “A”. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 17-01 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 9th DAY OF JANURARY 2017. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 17-01 Page 1 of 3 AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the 9 day of Janurary in the year 2017, by and between the Town of Westlake, Texas (hereinafter called OWNER) and C. Green Scaping L.P. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work to be done as covered by these contracts and specifications consists of the furnishing of all labor, materials, equipment, and incidentals for the Outdoor Learning Stations which includes two stations: (1) Vegetable Garden (approximately 2,437 sq. ft.), and (2) Interactive math and Science plaza (approximately 1,912 sq. ft.), and (3) connecting sidewalks (approximately 325 LF ) the project also oversees the installation of benches, storage boxes, planter boxes, irrigation system, erosion control, tree protection fencing and retaining walls. All final as-build drawings,manufacture and warranty information must be provided in a two ring notebook and CD/flash drive. Article 2. CONTRACT TIME. CONTRACTOR agrees to commence work within five (5) days after the date of written notice to commence work, and to complete the work on which he has bid within eighty (90) working days as provided in the General Conditions. Article 3. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in accordance with the Contract Documents in current funds based on the measured quantities and the unit prices stated in the Proposal. Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment on work completed during the previous month on the first day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article 5. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Resolution 17-01 Page 2 of 3 Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations. 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of one (1) year from the date of the repair and to maintain said work in good repair and condition for said term of one (1) year. CONTRACTOR binds itself to repair or replace the furnishing in whole or in part at any time within said period, if, in the opinion of the owner, it be deemed necessary. 6.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ARCHITECT and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b ) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. 6.4. In any and all claims against OWNER or ARCHITECT or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Article 7. Contract Documents The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consists of the following: • Notice to Bidders consisting. • Instructions to Bidders. • Proposal. • This Agreement. • Pre-bid Bond, Performance Bond, Payment and Maintenance Bonds • General Conditions. • General Requirements. • Set of Plans. There are no Contract Documents other than those listed above in this Article 7. Resolution 17-01 Page 3 of 3 Article 8. TERMINATION. OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. Article 9. MISCELLANEOUS. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself, its partners, successors, assignees and legal representatives to the other party hereto, its partners, successors, assignees and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed Three (3) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. This agreement will be effective on the _________ day of ___________________, 2017. OWNER: CONTRACTOR By: _____________________________ By: _____________________________ Laura Wheat, Mayor C. Green Scaping, L.P. ATTEST: ________________________ ATTEST: ________________________ Kelly Edwards,Town Secretary Address for giving notices: 1301 Solona Blvd, Building 4, Suite 4202, Westlake, Texas 76262. (If OWNER is a public body, attach resolution authorizing execution of Agreement.) ________________________ (If CONTRACTOR is a Corporation, attach evidence of authority to sign.) Town Council Item # 4 – Adjournment Regular Session