HomeMy WebLinkAbout4-27-20 TC Agenda Packet TOWN OF WESTLAKE TOWN COUNCIL MEETING AGENDA
1500 SOLANA BLVD, BUILDING 7, SUITE 7100, WESTLAKE, TX 76262
April 27, 2020
T H r r o w N v r
W ESTLAKE 5:00 PM VIA VIRTUAL MEETING
In accordance with Order of the Office of the Governor issued March 16, 2020 and March 19, 2020,
the Town Council of the Town of Westlake will conduct this virtual meeting at 5:00 p.m. on Monday,
April 27, 2020 by telephone conference in order to advance the public health goal of limiting face-to-
face meetings (also called "social distancing") to slow the spread of the Coronavirus (COVID-19).
There will be no public access to the physical location described above. A recording of the telephonic
meeting will be made and will be available to the public in accordance with the Open Meetings Act.
The public dial-in numbers to participate in the telephonic meeting are:
Local: (817) 916-8035 Conference ID: 4300941#
Toll Free: (800) 309-2350 Conference ID: 4300941#
l/ision Statement
An oasis of natural beauty that maintains our open spaces in balance with distinctive deve%pment, trails, and
quality oflife amenities amidst an ever expanding urban landscape.
Regular Session
1. CALL TO ORDER
2. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda. Any person desiring to make a public
comment must first press star-five (*5) on their telephone keypad to be placed in queue.
The presiding officer will recognize callers based on the order of the queue, where they will
be asked to state their name and address. Individual citizen comments are normally limited
to three (3) minutes; however, time limits can be adjusted by the presiding officer. The
presiding officer may ask the citizen to hold their comment on an agenda item if the item is
posted as a Public Hearing. The Council cannot by law take action nor have any discussion
or deliberations on any presentation made to the Council at this time concerning an item
not listed on the agenda. The Council will receive the information, ask staff to review the
matter, or an item may be noticed on a future agenda for deliberation or action.
3. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community
Interest pursuant to Texas Government Code Section 551.0415 the Town Council may
report on the following items: (1) expression of thanks, congratulations or condolences; (2)
information about holiday schedules; (3) recognition of individuals; (4) reminders about
upcoming Town Council events; (5) information about community events; and (6)
announcements involving imminent threat to public health and safety.
4. CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items unless
a Council Member or citizen so requests, in which event the item will be removed from the
general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting on March 30, 2020.
b. Consider approval of Resolution 20-11, authorizing the Town Manager to enter
into an agreement with Smith Lawn &Tree to provide landscaping services.
c. Consider approval of Resolution 20-12, the Town Manager to execute an
agreement with TxDOT for the construction of various aesthetic enhancements to
SH 170 and amending the FY 19/20 Adopted Budget to provide funding.
5. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to
discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental body
seeks to have locate, stay, or expand in or near the territory of the governmental body
and with which the governmental body is conducting economic development
negotiations; or (2) to deliberate the offer of a financial or other incentive to a
business prospect described by Subdivision (1) for the following:
- Entrada
- Front 44
b. Section 551.071(2) — Consultation with Town Attorney on a matter in which the duty
of the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter: Resolution No. 00-19, a Contract with Hillwood Development Corporation
Concerning the Design Engineering and Construction of the West Side Pump Station
and the Dove Road Waterline.
c. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other legal
matters not related directly to litigation or settlement. Pending or contemplated
litigation and settlement offers include but are not limited to the following: Cause No.
236-304811-18 - Builder Recovery Services, LLC v The Town of Westlake.
d. Section 551.071 Consultation with Attorney - to seek advice of counsel regarding
Granada Homeowners' Association matters.
6. RECONVENE MEETING
7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
8. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under'�Future Agenda Item Requests", an agenda item for a future Council
meeting. The Council Member making the request will contact the Town Manager with the
requested item and the Town Manager will list it on the agenda. At the meeting, the
requesting Council Member will explain the item, the need for Council discussion of the item,
the item's relationship to the Council's strategic priorities, and the amount of estimated staff
time necessary to prepare for Council discussion. If the requesting Council Member receives
a second, the Town Manager will place the item on the Council agenda calendar allowing
for adequate time for staff preparation on the agenda item.
9. COUNCIL RECAP/STAFF DIRECTION
10. AD]OURNMENT
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, 1500 Solana Blvd.,
Building 7, Suite 7100, Westlake, TX 76262, April 24, 2020, by 5:00 p.m. under the Open Meetings Act,
Chapter 551 of the Texas Government Code.
Todd Wood, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs or translation
services, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable
accommodations will be made to assist you.
Town Council
Item # 2 — Citizen
Comments
CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter
whether or not it is posted on the agenda. Any person desiring to make a public comment must
first press star-five (*5) on their telephone keypad to be placed in queue. The presiding officer
will recognize callers based on the order of the queue, where they will be asked to state their
name and address. Individual citizen comments are normally limited to three (3) minutes;
however, time limits can be adjusted by the presiding officer. The presiding officer may ask the
citizen to hold their comment on an agenda item if the item is posted as a Public Hearing. The
Council cannot by law take action nor have any discussion or deliberations on any presentation
made to the Council at this time concerning an item not listed on the agenda. The Council will
receive the information, ask staff to review the matter, or an item may be noticed on a future
agenda for deliberation or action.
ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports Town Cou nci I
on Items of Community Interest pursuant to Texas Government
Code Section 551.0415 the Town Council may report on the
following items: (1) expression of thanks, congratulations or
condolences; (2) information about holiday schedules; (3)
recognition of individuals; (4) reminders about upcoming Town
Council events; (5) information about community events; and (6) Item # 3 — Items of
announcements involving imminent threat to public health and Community Interest
safety.
✓ Town Council Work Session/Meeting
(via Te%conferencing due to COVID-19 restrictions)
Monday,April 27, 2020*
✓ Canceled-May 2 Election Day-Local elections(counties, ISDs,etc.)
-The May local e%ctions have been cance%d with plans announced to move to either a Summer and/or November
E/ection Day; Updated information from Tarrant/Denton Co. Elections will be provided once received.
✓ Canceled -Westlake Academy Annual Bandana Bonanza; Hosted by the WA House of Commons(HOC)
Saturday, May 2, 2020: 3:00-6:00 pm
✓ Coffee&Conversation with the Mayor/School Board President
-Watch for future notices about our next Facebook Live Coffee with the Mayor;First Monday of the month dates
temporarily suspendec� Missed the one held on A,ori/16th?C/ick here to view.
✓ Board of Trustees Work Session/Meeting
(P/ease check website for agenda&scheduling during this time)
Monday, May 4, 2020*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100-Council Chambers
✓ Planning &Zoning Work Session/Meeting
(P/ease check website for agenda&scheduling during this time)
Monday, May 11, 2020*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100-Council Chambers
✓ Town Council Work Session/Meeting
(P/ease check website for agenda&scheduling during this time)
Monday, May 18, 2020*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100-Council Chambers
✓ Canceled -Westlake Academy Teacher of the Year Award &Reception
Wednesday, May 20, 2020; 3:00-4:30 pm
✓ Westlake Municipal Offices&Academy CLOSED for Memorial Day
Friday, Monday, May 25, 2020
-There wi/l be NO interruption to trash and recycling services on this holiday. Col%ctions will occur on the norma/
Friday schedu/e.
✓ Postponed -Westlake Academy Commencement Ceremony
Saturday, May 30, 2020; 2:00 pm
-WA administrators&staffare working on an a/ternative date and/or way to best honor the C/ass of
2020 graduates. Notifications wil/be sent as soon as plans are comp/eted.
*For meetincLaqendas and detai/s on W,4 ca/endar events or Municipal calendar events,please visit the Westlake
Academy website or the Town of West/ake website for further assistance.
Town
Council
Item # 4 — Consent
Agenda
CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items unless
a Council Member or citizen so requests, in which event the item will be removed from
the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting on March 30, 2020.
b. Consider approval of Resolution 20-11,authorizing the Town Manager to enter
into an agreement with Smith Lawn &Tree to provide landscaping services.
c. Consider approval of Resolution 20-12, the Town Manager to execute an
agreement with TxDOT for the construction of various aesthetic enhancements
to SH 170 and amending the FY 19/20 Adopted Budget to provide funding.
T H E T a w H o �
WESTLAKE
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL JOINT WORKSHOP
March 30, 2020
In accordance with Order of the Office of the Governor issued March 16, 2020 and March 19, 2020,
the Westlake Town Council and Westlake Academy Board of Trustees conducted the joint workshop
at 5:00 p.m. on Monday, March 30, 2020 by telephone conference in order to advance the public
health goal of limiting face-to-face meetings (also called "social distancing") to slow the spread of
the Coronavirus (COVID-19). There was no public access to the physical location described above.
A recording of the telephonic meeting was made and is available to the public.
PRESENT: Mayor Laura Wheat and Council Members Carol Langdon, Greg Goble, Michael
Barrett, Rick Rennhack, and Alesa Belvedere.
ABSENT: None
OTHERS PRESENT: Town Manager Amanda DeGan, Deputy Town Manager Noah
Simon, Assistant Town Manager Jarrod Greenwood, School
Attorney Janet Bubert, Town Secretary Todd Wood, Director of
Information Technology Jason Power, Director of Finance Debbie
Piper, Director of Facilities & Public Works Troy Meyer, Director of
Communications Ginger Awtry, Business Manager Marlene
Rutledge, Director of Planning and Development Ron Ruthven,
Deputy Fire Chief John Ard, Executive Director Dr. Mechelle Bryson,
Public Works Assistant Dianna Orender, Administrative Assistant
Miriam Dubon.
�oint Work Session
1. CALL TO ORDER—TOWN COUNCIL
Mayor Wheat called the meeting to order at 5:02 p.m.
Town Council Minutes
03/30/20
Page 1 of 4
2. CALL TO ORDER— BOARD OF TRUSTEES
Mayor Wheat called the meeting to order at 5:02 p.m.
Mayor Wheat began the meeting by noting that this meeting was being conducted in
accordance with the allowances that have been provided by the State of Texas due to
COVID-19, and this was a new approach for everyone. A brief summary of instructions was
provided for citizen comments, and additional instructions would be provided to public
callers during the citizen comments portion of the agenda.
Mayor Wheat conducted a verbal roll call to verify the attendance of each Council member.
3. CITIZEN COMMENTS
The public will be permitted to offer public comments telephonically as provided by the
agenda and as permitted by the presiding officer during the meeting. Speakers were
required to state their name and address prior to making comments. Mayor Wheat provided
instructions for callers to mute or unmute their telephones for citizen comments. Those
who wished to speak could raise their hand '�virtually", and callers would be recognized in
the order their request was received.
No one addressed the Council.
4. DISCUSSION ITEMS
a. Discussion regarding municipal and academic staff actions related to COVID-19.
Town Manager Amanda DeGan provided a review and summary of COVID-19's impact
to the Town of Westlake, Westlake Academy, and the general geographic region. Mrs.
DeGan began by thanking the stafF for their efForts during this unprecedented time by
continuing to deliver high quality services during the quarantine period with minimal
disruption.
Mrs. DeGan stated that she had issued a closure order for Westlake Academy and
Westlake Town Hall on March 17, 2020 through April 17, 2020. This decision was made
after consultation with the Mayor and Council, as well as information that had been
received through the Tarrant and Denton County Commissioners' Courts. As in other
counties, positive cases continue to grow in number. She noted that three (3) cases
have been confirmed in Westlake, and this information is only received from counties
after a confirmation has been received of an infection within a particular municipal
boundary. At this time, statisticians estimate that the spread COVID-19 will peak on or
around April 8t" and continue through the remainder of April. As a result, most public
events through April have been cancelled in Westlake.
Town Council Minutes
03/30/20
Page 2 of 4
Mayor Wheat and Mrs. DeGan praised our state and local officials for providing
transparent information to the public, their cooperative approach, and how they have
worked together to leverage the resources needed to healthcare providers and other
entities to mitigate the effects of this pandemic. Mayor Wheat asked for feedback from
the Council of the efFectiveness of the Town's communication efForts. Councilmember
Rennhack and Councilmember Langdon stated that they felt that these efforts were
appropriate, and the information provided to date has been very helpful. Mrs. DeGan
offered praise to the efforts of the Communication Department who has been working
quickly and proactively in the collection and release of information.
Mrs. DeGan then provided an updated overview of departmental efforts since the closure
of Westlake facilities on March 17, 2020:
Keller Police/Westlake Marshal's Office: The Keller Police Department (KPD)
reports that their enforcement levels are mostly normal. Law enforcement presence has
been increased in parks and trails in an effort to promote social distancing and
encourage best practices from the public. Due to lower traffic volumes on public
roadways, KPD officers are utilizing bicycles. Additional security patrols are being
conducted at Westlake Academy by KPD and the Westlake Marshal's Office.
Budget: At this time, the budgetary impact of the COVID-19 pandemic to Westlake is
unknown. StafF has continued preparation of the FY 20/21 budgets during the
quarantine period. In keeping with Westlake's conservative approach with forecasting
and utilizing our funds, the current budget is being analyzed to determine which
expenditures could potentially be delayed of eliminated, should this be necessary.
Local Business: The Marriott Hotel and Hollywood Burger restaurant is currently
closed. Fidelity Investments has some employees working on campus; however, the
exact number is not known at this time. No information has been received from the
Charles Schwab campus on the number of employees working onsite, although it is
estimated that this would be similar to Fidelity and other corporations of similar size.
Fire EMS: Additional protective measures have been enacted to reduce the risk of
COVID-19 transmission and protect our first responders. The department currently has
an ample supply of Personal Protective Equipment.
IT: Mrs. Degan noted that the IT Department has been working long hours for nearly
ten (10) days and thanked them for their key role in keeping our technology operating
properly. During the first 72 hours of the quarantine, many municipal staff inembers
experienced connectivity issues, which was quickly resolved.
Westlake Academy: Distance learning at Westlake Academy has received a great
deal of positive feedback from staff, parents, and students. Mrs. DeGan thanked the
Communications and IT Departments for their key roles in the success of these platforms
in such a short amount of time.
IB exams have been cancelled at Westlake Academy this year, and staff is researching
other resources that may be utilized by students.
Town Council Minutes
03/30/20
Page 3 of 4
The Texas Education Agency (TEA) has issued no information when school will re-
open. Mrs. DeGan commented that the longer school is closed, the less likely a re-
opening would occur this year.
6. COUNCIL RECAP / STAFF DIRECTION
Mayor Wheat simply stated, "Keep on keeping on!"
7. AD)OURNMENT OF )OINT WORK SESSION
Mayor Wheat adjourned the Joint Work Session at 5:42 p.m.
APPROVED BY THE TOWN COUNCIL ON APRIL 27, 2020.
ATTEST:
Laura Wheat, Mayor
Todd Wood, Town Secretary
Town Council Minutes
03/30/20
Page 4 of 4
Westlake Town Council
TYPE OF ACTION T x E i o w N o F
WESTLAKE
RegularMeeting - Consent oisriNorivE sv oEsicN
Westlake Town Council Meeting
Monday, Apri127, 2020
ToPrC: Consider a Resolution authorizing the Town Manager to enter into an
agreement with Smith Lawn and Tree to provide landscaping services at
Town-owned facilities and authorize Town staff to make funding changes
not to eXceed $25,000.00 on this project.
STAFF Co1vTAc'T: Troy J. Meyer, Director of Public Works & Facilities
Strategic Alignment
i i � . � . . , � . .
� �
- � i
Exemplary Service&Governance
-We set the standard by delivering
Municipal& Increase CSS
Fiscal Responsibility Academic Operations unparalleled municipal and Satisfaction
educational services at the lowest
cost.
Timeline- Start Date: May 1, 2020 Completion Date: March 1, 2021
Funding Amount: $169,725.60 Status - � Funded Source - General Fund
EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The competitive bid process was followed as outlined in the Texas Local Government Code. All
specifications for the work were available to the public and bid procedures properly advertised. A
pre-bid conference was held on March 17, 2020 with an extended sealed bid opening on March
24, 2020. The bid proposal included landscaping and porter services for Town-owned facilities
and public open spaces which included the following locations: Cemetery, Westlake Academy,
Ottinger Rd., Dove Rd. (irrigation only), Maintenance Building, Fire Station, Dove Road median
&Randall Mill triangle,Davis Blvd.,Glenwyck Park,Pump Station,Three Lift Stations and Porter
Services which included trash pickup on roadways.
Page 1 of 2
The Bid results were:
Companv Annual Cost
Smith Lawn and Tree $169,725.60
American Landscape $187,996.00
SPSD $239,400.92
Brightview $260,617.46
Staff recommends selecting Smith Lawn and Tree, which provides the `Best Value" for
landscaping services at Town-owned facilities for an annual cost of$169,725.60. The approval of
this Agreement will present an immediate savings of $30,000.00 annually based on current
services. The cost has been included in the adopted 2019-2020 Westlake Academy and Town
budgets.
By approving this Agreement,the Town Council is also rejecting all other bids submitted on March
24, 2020 for landscaping services at all Town facilities.
RECOMMENDATION
Staff recommends approving an Agreement with Smith Lawn and Tree to provide landscaping
services at Town-owned facilities and authorizes Town staff to make funding changes not to
exceed $25,000.00 on this project.
ATTACHMENTS
Smith Lawn and Tree Bid Agreement
Forms 1295 and 2270
Resolution
Page 2 of 2
LANDSCAPE SERVICES FOR
TOWN OF WESTLAKE
MARCH 10, 2020
TOWN OF WESTLAKE
LAURA WHEAT
MAYOR
TOWN COUNCIL
CAROL LANGDON - MAYOR PRO TEM
RICK RENNHACK ALESA BELVEDERE
MICHAEL BERRETT GREG GOBLE
AMANDA DEGAN
TOWN MANAGER
Town of Westlake
1500 Solana Blvd.
Bldg. 7, Suite 7200
Westlake, TX 76262
Phone: 817-430-0941
Fax: 817-430-1812
Landscape Bid 2020 Page 1
NOTICE TO BIDDERS
The Town of Westlake is requesting sealed proposals for LANDSCAPE SERVICES at:
TOWN OWNED FACILITIES AND PUBLIC OPEN SPACES
Each bidder shall identify his or her sealed proposal by typing on the outside of the
envelope:
TOWN OF WESTLAKE
Landscape Services Bid Proposal
ATTN: Darcy McFarlane
Facilities & Recreation Assistant
1500 Solana Blvd., Bldg. 7, Suite 7200,
Westlake, TX 76262
ALL COMPLETE BID PACKAGES MUST BE DELIVERED AND RECEIVED
NO LATER THAN 10:00 A.M. (C.S.T.) ON THE 24th DAY OF MARCH 2O20 OR THEY
WILL BE DEEMED AUTOMATICALLY REJECTED.
All responses and requests for clarification/information shall be addressed in writing to:
Darcy McFarlane, Facilities & Recreation Assistant at the above address
or by email at: dmcfarlane@westlake-tx.org.
A pre-bid conference will be held at 1:30 p.m., Tuesday, March 17, 2020 at Westlake
Town Hall, 1500 Solana Blvd., Bldg. 7, Suite 7200, Westlake, TX 76262. All prospective
bidders are required to have a representative from their firm attend this pre-bid
conference.
The Bid opening will be held at 10:30 A.M., Tuesday, March 24, 2020 in the Town
Council Chambers at 1500 Solana Blvd., Bldg. 7, Suite 7100, Westlake, Texas 76262.
Specifications will be furnished without charge to any contractor desiring to submit a bid
for this service, and will be available on Tuesday, March 10 through Monday, March 23,
2020, from 9:00 am to 4:00 pm, Monday— Friday in person at the
Westlake Town Hall
1500 Solana Blvd.
Bldg. 7, Suite 7200
Westlake, Texas 76262
The Town of Westlake reserves the right to reject any or all bids, and to waive any
formalities.
The Town of Westlake is committed to the ideals of equal opportunity, and strongly
encourages participation by HUB/MBE/WBE business enterprises.
Landscape Bid 2020 Page 2
PROJECT SCOPE
TOWN OF WESTLAKE LANDSCAPING SERVICES
General: The Town of Westlake is a growing, vibrant community with a unique identity
conveniently located in the Dallas Fort Worth(DFW) metroplex along the State Highway
114 corridor. The high-end deinographic of Westlake's residents reflects the current
housing market through distinctive developinents and a one-of-a-kind cominunity.
Westlake's development standards are of the highest quality. This conh�act includes
landscaping and porter services for Town owned facilities and public open spaces as
listed below. (See detailed exhibits.)
A. Westlake I.O.O.F. Cemetery
B. Westlake Academy
C. Westlake Facilities &Maintenance Building
D. Westlake Fire-EMS Station No. 1
E. Davis Blvd. - Center& East Side Median
F. J.T. Ottinger Rd. and Dove Rd. (Irrigation Only)
G. Dove Road Median &Randol Mill Triangle
H. Glenwyck Park
I. Westlake Pump Station
J. Three Lift Stations
K. Porter Service - Trash Pick-up
Contact: Darcy McFarlane
Facilities &Recreation Assistant
Email: dmcfarlane@westlake-tx.org
, Timeline: Bid packets will available on March 10, 2020 and the contract will be
awarded on March 30, 2020 with the services starting on April 1, 2020.
Landscape Bid 2020 Page 3
SCHEDULE OF SERVICES
A. Westlake I.O.O.F Cemetery-3001 J.T. Ottin�er Rd.
This property is five acres with a tree irrigation system only and will be mowed
on as needed bases.
1. Monthly mowing, trimming and blowing $ l 3�-
2. Quarterly mowing, trimming and blowing (under trees) $ S -
3. Fire ant treatments: 1 Annual application of four-SOIb bags $ SD -
4. Monthly irrigation check x 12 $ s-1 S -
a. A-2 zones
Monthly Cost for ServiceB� � $ .l'1
Total Annual(12 month) Cost for Service�p, � -7�. �I
B. Westlake Academv-2600 JT Ottin�er Rd.
This property is 25 acres and will include the following landscape maintenance
Items:
1. Mowing, trimming and blowing
2. Monthly irrigation check
a. A-30 zones
b. B-4 zones
c. C-8 zones
d. D-8 zones
e. E-36 zones
£ F-9 zones
g. G-15 zones
h. H-15 zones
i. I-24 zones
3. Weed control in beds, crush grated areas, bioswale and water feature
4. Native areas - four mows per calendar year
5. Butterfly garden-
a. Trimming once pei�year
b. Hand-pull weeds
c. Mulch
6. Mulch beds and trees- as needed
7. Fire ant treatinents
Monthly Cost for Service B: $ S4 I ,3
Total Annual (12 month) Cost for Service B: $ �l"12.5�
Landscape Bid 2020 Page 4
C. Facilities & Maintenance Bldg. -2901 Dove Rd.
This property is less than one acre and will include the following landscape
maintenance items:
1. Mowing, trimining and blowing
2. Monthly irrigation checks
3. Weed control
4. Mulch beds and trees as needed
Monthly Cost for Service C: � L.ZS
Total Annual (12 month) Cost for Service: $ I t SS•�v
D. Fire Station -2000 Dove Rd.
This property is five acres which includes the following landscape maintenance
items:
1. Mowing, trimming and blowing
2. Monthly irrigation checks
3. Weed control in beds, crush grated areas and bioswale
4. Native areas - four mows per calendar year
5. Maintain water feature(plants &pump)
6. Mulch-beds and trees as needed
Monthly Cost for Service D: $ I �-{I . o0
Total Annual (12 month) Cost for Service D: � 1"1 p 1(0 •D�
E. Davis Blvd. - Center and East Side Median
This property starts at Randol Mill Dr. and runs to Dove Rd. and includes the
following landscape maintenance items:
1. Mowing, trimming and blowing
2. Monthly irrigation checks
3. Weed control
4. Tree service
5. Mulch -beds and trees as needed
Monthly Cost for Service E: $ 3 3 .so
Total Annual (12 month) Cost for Service E: $ 2 .o0
Landscape Bid 2020 Page 5
F. J.T. Ottinger Rd. and Dove Rd. (Irrigation Only)
This right-of-way is about one mile starting at Westlake Academy running to just
past Pearson Road and only includes tree irrigation.
1. Irrigation Clocks
a. A-6 zones
b. B-8 zones
c. C-8 zones
2. Mulch -beds and trees as needed
G. Dove Road Median & Randol Mill Trian�le
1. Mowing (Push nzow), trimming and blowing
2. Monthly irrigation checks
a. Triangle A-4 zones
b. Dove Rd. A-19 zones
3. Weed control
4. Randol Mill - beds only
5. Mulch beds and trees as needed
H. Glenwyck Park- 1602 Fair Oaks
This property is 13-acres and includes the following landscape maintenance
items:
1. Mowing, trimming and blowing
2. Monthly irrigation checks
a. A-15 zones
3. Weed control in beds
4. Tree seivice
5. Native areas/creek-four mows per calendar year
6. Maintain water feature and pond automatic fill system
7. Fire ant treatments
8. Mulch-beds and trees as needed
9. Butterfly garden
a. trimming once year
b. hand pull weeds
c. mulch
Monthly Cost for Services F, G and H � S I 1. 1"1
Total Annual(12 month) Cost for Services F, G and H $ 20
Landscape Bid 2020 Page 6
L_Pump Station (HWY 377)
This property is about 3.5 acres and includes inside and outside the fenced area at the
pump station and will include the following landscape maintenance items:
1. Mowing, trimming and blowing
2. Monthly irrigation checks
a. A-28 zones
3. Weed control
4. Tree Service
Monthly Cost for Services I �d': � I. 6
Total Annual (12 month) Cost for Services I �: � I o 3yo.o
J. Three Lift Stations (HWY 114 and Davis & Sabine Dr.)
1. Mowing, trimining and blowing
2. Weed control
Monthly Cost for Services�"i'J: $ q' ,33
Total Annual (12 month) Cost for Services�8a J: $ I I�7 9•R`
K. Porter Service—Trash Pick-up
1. Trash pick-up on all roads twice per inonth from October to April.
2. On-call to pick-up items which may include, but are not limited to, tree
triinmings, construction debris, boxes, car parts and tires
Monthly Cost for Service K: �2 M�+�'��s � i 6 3.3 3
Total (7 month) Cost for Service K: �y ViS1TS � S
Total Cost of All Services
Total Cost for Per Service Items � ti S—
Total Monthly Cost for All Recurring Monthly Services: $ 143.
Total Annual (12 month) Cost for All Recurring Services: � 72 0
Total Cost for Partial Year (7 month) Recurring Services: $ q 5�'I. 1,
Landscape Bid 2020 Page 7
Optional Services
The following will be serviced on an as needed basis. The Town of Westlake reserves the
right to use other contractors or staff to complete the following work.)
1. Street sweeping:
Cost per mile: $ Total Cost: $
2. Mulch:
Cost per bag with labor: hardwood: $ • c� Cedar: $ S.o0
ZGF 2CF
3. Tree trimming Service:
Total daily services: $ o.oo ��M Ar�
Total hourly: $ s oo t�£�- M A�
The Town reserves the right to use an outside supplier for all materials and supplies
required for this agreement.
Note: If the above services are not perfonned to Town standards, the Town inay hire an
outside contractor to provide the services needed and bill the contractor for any costs
incurred.
Landscape Bid 2020 Page 8
INSTRUCTIONS
1. WORK TO BE DONE
General: The Town of Westlake is a growing, vibrant cominunity with a unique identity
conveniently located in the Dallas Fort Worth (DFW) metroplex along the State Highway
114 corridor. The high-end demographic of Westlake's residents reflects the current
housing market through distinctive developments and a one-of-a-kind community.
Westlake's development standards are of the highest quality. This contract includes
landscaping and porter services for Town owned facilities and public open spaces as
listed below. (See detailed scope of services exhibits.)
A. Westlake I.O.O.F. Cemetery
B. Westlake Academy
C. Westlake Facilities &Maintenance Building
D. Westlake Fire-EMS Station No. 1
E. Davis Blvd. - Center&East Side Median
F. J.T. Ottinger Rd. and Dove Rd. (Ii7-igation Only)
G. Dove Road Median & Randol Mill Triangle
H. Glenwyck Park
I. Westlake Puinp Station
J. Three Lift Stations
K. Porter Service -Trash Pick-up
Contract: The Town of Westlake will use its standard bidding procedures to select the
contractor. The Town's designated Director Facilities & Public Works Facilities is Troy
J. Meyer, Facility Manager is Rosie Miller, Public Works Technician is Paul Andreason
and Bid Manager is Darcy McFarlane (dmcfarlane@westlake-tx.org).
Timeline: Bid packs will be available on March 10, 2020, and the contract will be
awarded on March 30, 2020 with the services starting on April 1, 2020.
Contractor will provide the following:
1. Email, phone number and address for owner(s) and supervisor(s)
2. Background check for all employees when requested by the Acadeiny or Town
3. Supervisor will complete weekly checks of all areas
2. PREPARATION AND SUBMISSION OF PROPOSAL
In the bid proposal, the bidder shall fill in the blanks for the "Optional Services " and the
"Total Ainount."
3. INTERPRETATION OF QUOTED PRICES
In case of a difference between the written words and any figure in a proposal, the amount
stated in writing will be considered as the bid. The contract inethod will be unit pricing
based on actual quantities of work provided.
Landscape Bid 2020 Page 9
4. DISCREPANCIES 1N BIDS
In case of lack of clarity of a proposal, the owner will adopt the most advantageous
construction thereof or reject the bid.
5. UNBALANCED BIDS
Unreasonable or unbalanced unit prices will be cause for rejection of any bids.
6. 1NTERPRETATION OF SPECIFICATIONS
Any questions as to the meaning of any specifications will be answered by addendum
which will be sent to all who have been furnished with the service agreement.
7. LOCAL LABOR
The Contractor, in so far as is practicable, will be expected to give preference to
employment of local citizens.
8. MATERIALS FURNISHED BY CONTRACTOR
The Contractar shall furnish all materials, regardless of their nature except as noted in
this agreement.
9. MANUFACTURERS MSDS
The Contractor shall furnish, MSDS for each of the products used to fiilfill the service
required in this agreement. Copies inust be made available to the Town upon request.
10. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
Attention is called to the fact that a minimum scale of wages to be paid to employees
engaged in the work under this contract does not release the contractor froin compliance
with any state wage law that may be applicable. The contractor shall abide by the wage
and hour laws of the State and must not pay less than the rates prescribed.
11. TIME ALLOWED FOR AGREEMENT TO START
The Contractor shall commence work not more than 10 calendar days after the work order
has been issued. Work on the project shall start on April 1, 2020.
12. SPECIAL INFORMATION- SALES TAX
The owner qualifies as an exempt agency as defined by the statutes of the State of
Texas. The Contractor shall comply with all statutes and rulings of the State Comptroller.
13. SUB CONTRACTORS
The Contractor must submit a list of all sub-contractors which will be performing any work
under this agreement. If at any time the Contractor wishes to change a sub-contractor, they
must get approval from the Town.
14. INSURANCE
The Contractor shall funzish and maintain during the life of the contract,adequate Worker's
Compensation and Commercial General Liability (Public) Insurance in such amounts as
follows:
Landscape Bid 2020 Page 10
TvUe of Insurance and Amount
1. Workman's Compensation as set forth in the Worker's Compensation Act.
2. Cominercial General Each Occurrence $500,000 Liability
(Public) General Aggregate $1,000,000 Products Comp/Ops Agg. $1,000,000
The Town of Westlake shall be named as an additional insured on the
Commercial General Liability (Public) Insurance Policy furnished by the
Contractor.
Each insurance policy shall contain a provision requiring that thirty (30) days
prior to expiration, cancellation, non-renewal or any material change in
coverage, a notice thereof shall be given by certified mail to the Town of
Westlake, 1500 Solana Blvd., Bldg. 7, Suite 1700, Westlake, Texas 76262.
Companies issuing the insurance policies shall have no recourse against the
Town for payment of any premiums ar assessments for any deductibles which
are at the sole responsibility and risk of the Contractor.
Certificate of proof that the insurance is in force shall be furnished to the Town.
The coverage provided herein shall be primary and noncontributory with any
other insurance inaintained by the Town of Westlake, Texas, for its benefit,
including self-insurance.
In the event any insurance policy shown on the Certificate of Insurance has an
expiration date that is prior to the coinpletion and final acceptance of the service
agreement by the Town of Westlake, the Contractor shall furnish the Town
proof of ideutical continued coverage no later than ten (10) days prior to the
expiration date shown on the Certificate of Insurance.
The Contractor shall not commence work on any Contract in the Town of
Westlake until the Contractor has obtained all the insurance required under this
paragraph and such insurance has been approved by the Town.
Landscape Bid 2020 Page 11
BIDDERS NST UCTIONS
�
(Must be ' ne tl�e Contractor)
ATTENTION TO ALL BIDDERS:
The Towu of Westlake wishes to thank you in advance for bidding on this project. Please be aware of the
following requirements for bidding on Town of Westlake work. It is important that you read and understand these
qualification factors in order to acl�ieve a rapid and smootl�completion of the process.All pertinent documents required
by law and tliese instnictions must be correctly completed. A successful coinpletion of tl�em,will not ouly benefit tl�e
Town of Westlake,but also you as the Contractor,because among other things,the money reserved for the project will
be ready to be used in your project and prompt scheduled payineut may be made witl�out any fiirtl�er delays. If you are
unable to comply with formal reGuirements or fail co exercise due diligence in completing the required contract fonns,
the contract may Ue awarded to the next lowest bidder for the reason time is of the essence in diese projects.
Landscape Bid 2020 Page 12
BASIC FORMS REQUIRED BY THE
TOWN OF WESTLAKE
THE FOLLOWING FORMS MUST BE COMPLETED BY THE CONTRACTOR AND
ITS 1NSURANCE COMPANY
1. Proposal (to be completed by the Contractor)
2. Standard Fon11 of Agreement (to be completed by the Contractor)
3. Corparate Acicnowledgment; or
Single Acknowledgment; or
Partnership Ackuowledgment
(NOTE: Whichever is applicable to the Contractor,just one inust be
completed, and shall be notarized.)
6. Power of Attoiney or Certificate of Authority of Attorney(s) In-Fact (issued
by the surety's coinpany)
7. Town of Westlake Certificate of Insurance form (to be completed by the
insurance company)
8. Indemnification by the Contractor(to be completed by the contractor)
REMINDER:
(a) All signatures must be originals.
(b) Make sure the appropriate forms have been correctly notarized
Landscape Bid 2020 Page 13
INDEMNIFICATION BY CONTRACTOR
Town shall not be liable or responsible for, and shall be saved and held harmless by
Contractor from and against any and all suits, actions, losses, damages, claims, or
liability of any character, type, or description, including all expenses of litigation,
court costs, and attorney's fees for injury or death to any person, or injury to any
property, received or sustained by any person or persons or property, arising out of,
or occasioned by, directly o�indirectly, the performance of Contractor under this
agreement, including claims and damages arising in part from the negligence of
Town,without; however,waiving any governmental immunity available to the
Town under Texas law and without waiving any defenses of the parties under Texas
law. The provisions of this indemnification are solely for the benefit of the parties
hereto and not intended to create or grant any rights, contractual or otherwise, to
any other person or entity.
It is the expressed intent of the parties to this Agreement that the indemnity
provided for in this section is an indemnity extended by Contractor to indemnify
and protect Town from the consequences of Town's own negligence, provided,
however, that the indemnity provided for in this section shall apply only when the
negligent act of Town is a contributory cause of the resultant injury, death, or
damage, and shall have no application when the negligent act of Town is the sole
cause of the resultant injury, death, or damage, unmixed with the legal fault of
another person or entity.
Contractor further agrees to defend, at its own expense, and on behalf of Town and
in the name of Town, any claim or litigation brought in connection with any such
injury, death, or damage.
The Contractor will secure and maintain Contractual Liability insurance to cover this
indemnification agreement that will be primary and noncontributory as to any insurance
maintained by the Town for its own benefit, including self-insurance. In addition,
Contractor shall obtain and file with Town a Town of Westlake Certificate of Insurance
evidencing the required coverage.
Company Name (Contractor) �(�7-rr� �Aw,� �i 2eE
Signature
Name (Please Print) �-t�lSS ��� SIM�PLS�L.
Title T Sti
Landscape Bid 2020 Page 14
AGREEMENT
BETWEEN TOWN AND CONTRACTOR
��
��
THIS AGREEMENT is dated as of the � day of i in the year 2020,by and between
the Town of Westlake, Texas (hereinafter called OWNER)
and SM �T�-I LA�w N -1- TR.E� . (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 service as specified or indicated in the Conh-act
Documents. The Work is generally described as follows:
LANDSCAPING SERVICES FOR TOWN OWNED FACILITIES AND PUBLIC
OPENSPACES
FROM
TOWN OF WESTLAKE
Article 2. CONTRACT TIME.
2.1 CONTRACTOR agrees to coinmence service Sunday — Saturday. Service may be
perfonned on weekends, holidays, and suinmers which must be approved by the Town.
Article 3. EMPLOYEE BACKGROUND CHECKS.
3.1 CONTRACTOR must provide a completed certification of criminal history record
information form (exhibit A) on each employee and subcontractor before they are
scheduled to provide services on the Westlake Academy campus. The Town reserves the
right to reject any employee the right to work at the Westlake Academy campus. based
on the result of its findings. Contractor inust provide the Town with a current list of
employees providing services at the Westlake Academy campus at any time. Contractor
must supply a list of vehicles that will be on campus.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the work on a monthly
basis in accordance with the Contract Documents in current funds based on
the basic schedule of services and Optional Services stated in the proposal. If
CONTRACTOR does not perform services in accordance to this agreement
the Owner will deduct any and all expenses to hire a second contractor and/or
staff to perform the services. Owner will deduct all expenses from the
contractor's monthly fee.
Landscape Bid 2020 Page 15
Article 5. PAYMENT PROCEDURES.
5.1 CONTRACTOR shall submit invoices for payment on service completed during
the previous month on the first day of the month. CONTRACTOR shall present invoice
for payment each month with the following PO numbers on each invoice,
A. Cemeteiy 255-43348-10-000
B. Westlake Academy 199-51-6249-OS-001-0-99-0-00
C. Ottinger Rd. Irrigation only 100-43344-19-000
D. Maintenance Building 100-43348-17-002
E. Fire Station 100-43348-17-001
F. Dove Road Median&Randall Mill Triangle 100-43344-19-000
G. Dove Triangle 100-43344-19-000
H. Davis Blvd 100-44305-19-000
I. Park 100-43349-19-000
J. Puinp Station 500-44116-000
K. 3 Lift Stations 500-44116-000
L. Porter Services 100-43336-19-000
Invoice for payment will be processed and OWNER shall make payment to
CONTRACTOR within thirty (30) days of the date of the invoice. If CONTRACTOR
does not perform services in accordance to this agreement the Owner will deduct any and
all expenses to hire a second contractor and/or staff to perfor�n the services. Owner will
deduct all expenses from the contractor's monthly fee.
Article 6. INTEREST.
6.1 All inoneys not paid when due shall bear interest at the maximum rate allowed by
law at the place of the project.
Article 7. CONTRACTOR'S REPRESENTIONS.
7.1 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
7.2 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.
7.3 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 this agreement.
7.4 To the fullest extent permitted by laws and Regulations, CONTRACTOR shall
indemnify and hold harmless OWNER and their consultants, agents and employees from
and against all claims, dainages, losses and expenses, direct, indirect or consequential
(including but not limited to fees and charges of management, staff, attorneys and other
professionals and court and arbitration costs) arising out of or resulting from the
Landscape Bid 2020 Page 16
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 itsel fl 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 einployed 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.
7.5 In any and all claims against OWNER 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 perfonn or furnish any of
the work or anyone for whose acts any of them may be liable, the indemnification
obligation under paragraph 7.3 shall not be liinited 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 worlanen's
compensation acts, disability benefit acts or other employee benefit acts.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the work consist of the following:
1. Bid Proposal - Basic Schedule of services
2. Scope of services
3. Maps
4. Optional Service
5. Instructions
6. This Agreement
There are no Contract Documents other than those listed above in this Article 8.
Article 9. TERMINATION.
9.1 Either OWNER ar CONTRACTOR inay terniinate this Contract, with or without
cause, by giving the other thirty (30) days written notice.
Article 10. MISCELLANEOUS.
10.1 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 liinited 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.
Landscape Bid 2020 Page 17
10.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns
and legal representatives to the other party hereto, its partners, successors, assigns and
legal representatives in respect of all covenants, agreements and obligations contained in
the Contract Documents.
Landscape Bid 2020 Page 18
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed three copies of
the Agreement. Three counterparts have been delivered to OWNER, and one counterpart
each has been delivered to CONTRACTOR. All portions of the Contract Documents
have been signed or identified by OWNER and CONTRACTOR on their behalf.
. �
,�:�-� �
This agreement will be effective on the � day of� 2020.
OWNER: CONTRACTOR:
Town of Westlake, Texas 'j r11"T)-1 t�o�w�► �- TP�
BY: BY� //) O
Amanda DeGan, Town Manager �uSSf-L'- �''�'�'��"�
ATTEST:
Todd Wood, Town Secretary
Address for giving notices: Address for giving notices:
1500 Solana Blvd., Bldg. 7, Suite 7200 3200 �q,�.u�z.�.� ��z v�►�E
Westlake, Texas 76262 �«N�la,3j �-1���5�7�- '�101�g
List name of person to whose attention
notices are to be sent: R.U55��-�-- s���"�
517,5-p�--l.ZIO
(If CONTRACTOR is a Corporation, attach evidence of authority to sign.)
�r
.......
_;:� Destany Nicole Hall
*; „ My Commission Ezpires
�°�;�.••`r 08l13/2022
y�� �.�} ID No.731680128
"E�OF�"
Landscape Bid 2020 Page 19
A. Scope of Landscane Services
Landscape Westlake Cemetery Landscape 3001 JT Ottinger Rd.
Site Name: Site Location:
Annual Landscape Jan Feb Mar Apr May Jun Jui Aug Sep Oct Nov �ec Total
Functions
1.MowTurf open space "`**`**"""""""As Needed *""x"""="""'�"'"""" 12 Avg.
2.Mowundertrees "'•""*""""""**'*"As Needed ""'"""""*,**"**"'""*"""""" 4 Avg.
4.Irrigation Inspectian-tree 1 1 1 1 1 1 6
bubbler onl
5.Debris Removal 'T"`"'"':"""""As Needed "`"x"""""�""""""" 2
6.Tree Pruning 6'Clearance 1 1
7.Leaf Clean-up 1 1 2
8.Top Choice Fire Ant*' � 1
ote;x*Town will provide the fire ant treatment
ebris- a er tree limbs u to five inches in diameter
mpty trash cans each visit
Landscape Bid 2020 Page 20
B. Scoae of Landscape Services
Landscape Westlake Academy Landscape 2600 JT Ottinger Rd.
Site Name: Site Location:
Annual Landscape Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
Functions
�.MowTurf 1 2 4 5 4 4 5 4 4 2 1 36
2.Mow North Drive � 1 1 1 4
3.Edge Walks,Curbs 8 Planting 2 2 2 4 5 4 4 5 4 4 2 2 36
Beds
4.MonofilamentTrimming 2 2 2 4 5 4 4 5 4 4 2 2 36
5.Clippings cleared-Concrete 2 2 2 q 5 4 4 5 4 4 2 2 36
Areas
6.Weed Beds 2 4 5 4 4 5 4 4 1 33
7.Irrigation Inspection 1 1 1 1 1 1 1 1 1 1 1 1 12
8.Debris Removal 1 2 4 5 4 4 5 4 4 2 1 36
9.Weed Control-Pavement •••AS NEEDED`*"
Cracks
10.Turf Fertil¢ation 1 1 1 3
1'I.Shrub/Groundcover � .�
Fertilization
12.Shrub Trimming 1 1 1 3
13.Groundcover Trimming
14.Tree Pruning(G-8'Clearence) 1 1
15.Leaf Clean-up 1 1 1 1 1 5
16.Pre-emerge Beds 1 1 2
17.Pre-emerge Turf 1 1 2
18.Post-emerge Beds 1 1 2
19.Post-emerge Turf 1 1 1 3
20.Seasonal Color � 1 2
21.Scalp Liriope(if present) 1
22.Cut back Ornamental Grasses � 1
(if present)
23.Landscapelnspections 1 1 1 1 1 1 1 1 1 1 1 l 12
24.Butterfly Garden
25.Mulch **`ASNEEDED"*'"'
C. Sco�e of Landscaqe Services
Landscape Maintenance Building Landscape 901 Dove Rd.
Site Name: Site Location:
Annual Landscape Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Totai
Functlans
1.Mavr Turf 1 2 2 2 2 2 2 1 1 15
2.Edge Walks,Curbs � z z z Z Z z 1 1 15
3.bed weed removal 1 1 1 1 1 1 1 1 1 9
4.Irriga�ion Inspection 1 1 1 1 1 1 1 1 1 1 1 1 12
5.Dehris Removal 1 2 2 2 2 2 2 1 1 15
Landscape Bid 2020 Page 21
D. Scope of Landscape Services
Landscape Westlake Fire-EMS Station No.1 Landscape 2000 Dove Rd.
Site Name: Site Location:
Annual Landscape Jan Feb Nlar Apr May Jun Jul Aug Sep Oct Nov Dec Total
Functlons
1.Mav Turf 1 2 4 5 4 4 5 4 4 2 1 36
2.Mow Native Area 1 1 1 4
3.Edga Walks,Curbs& z 2 2 4 5 4 4 5 4 4 2 2 36
Planling Beds
4.Monofilament Trimming 2 2 2 4 5 4 4 5 4 4 2 2 36
5.Clippings cleared- 2 z 2 4 5 4 4 5 4 4 2 2 36
Concrete Areas
6.Weed Beds 2 4 5 4 4 5 4 4 1 33
7.Irrigation Inspecfion 1 1 1 1 1 1 1 1 1 1 1 1 12
8.Debris Removal 1 2 4 5 4 4 5 4 4 2 1 36
9.Weed Control-Pavement **R*AS NEEDED"*""
Cracks
10.Turf Fertilizalion 1 1 1 3
11. ,� ,�
ShrublGroundtwer
Fertilizetion
12.Shrub Trimming 1 1 1 3
13.Groundcwer Trimming
14.Tree Pruning(6'-B'Clearance) 1 1
15.LeafClean-up � � 1 1 1 5
16.Pre-emerge Beds 1 1 2
17.Pre-emerge Tur( 1 1 2
1 B.Post-emerge Beds 1 1 2
19.Posl-emerge Turf 1 1 1 3
20.Scalp Liriope(f present) 1
21.Cut back Ornamental 1 1
Grasses(f presenl)
22.Landscape Inspecfions 1 1 1 1 1 1 1 1 1 1 1 1 1z
23.Water feaWre PM � 1 L L 1 9
24.Muith k*`*AS NEEDED***�**
Landscape Bid 2020 Page 22
E. Scope of Landscape Services
Landscape Davis Bivd.CenteEaetlMedian Landscape From Randol Mill to Dove Rd.
Site Neme: Site Location:
Annual Landscape Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
Functlons
1.Mow Turf 1 2 4 5 4 4 5 4 4 2 1 38
2.Mau�Non-Irrigated Turf 1 1 1 3
3.Mow Native Areas 1 1 1 1 4
4.Edge Walks,Curbs&Planting z 2 Z 4 5 4 4 5 4 4 2 2 38
Beds
5.MonofilamentTrimming 2 2 2 4 5 4 4 5 4 4 2 2 38
6.Clippings cleared-Concrete 2 2 2 q 5 4 4 5 4 4 2 2 36
Areas
7.weedaeds 1 2 5 4 4 5 4 4 1 30
B.Irrigation Inspection 1 1 1 1 1 1 1 1 1 1 1 1 12
9.Debris Removal 1 1 2 4 5 4 4 5 4 4 2 1 38
10.Weed Control-Pavement �R*AS NEEDED*"*"
Cracks
11.Turf Fertilization 1 1 1 3
12.Shru6/Groundcover 1 � z
Fertilizetivn
13.Shrub Trimming 1 2 2 1 1 1 1 9
74.Groundcover Trimming 1 2 2 2 2 2 2 1 14
15.Tree Pruning(6'-e'Clearance) """**AS NEEDED*"`**"`
16.Leaf Clean-up 1 1 1 3
17.Pra-emerge Beds 1 1 2
1 B.Pre-emerge Turf 1 1 2
19.Post-emerge Beds 1 1 2
20.Post-emerge Turf 1 1 1 3
21.Scelp Asien Jasmine(if 1 1
present)
22.Scelp Liriope Qf present) 1 1
23.Cut hack Ornamental Gresses ,� ,�
(Fpresent)
24.Prevenlative Foliar Fungal x
SprayColor(AsNeeded) "ASNEEDED'*'"
25.Landscape Inspections � 1 1 1 1 1 1 1 1 1 1 1 1z
zs.Farti�iza co�a(f P�asaM�
F. Scope of Landscape Services
Landscape Ottinger&Dove Road Irrigation Only Landscepe estleke Academy to past Pearson
Site Neme: Siie Location: Rd
Annual Landscape Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
Functlons
1.Irriga6an Inspection 1 1 1 1 1 1 1 1 1 1 1 1 12
2.Tree Pruning "*"*AS NEEDED*"*"
Landscape Bid 2020 Page 23
G. Scope of Landscape Services
Landscape Dove Rd.&Randol Mill Triangle Landscape Dove Rd&Randol Mill Triangle
Site Name: Site Location:
Annual Landscape Jan Feb Mar Apr May Jun Jui Aug Sep Oct Nov Dec Total
Functlons
1.Mow Turf Push Mow Onry 1 2 4 S 4 4 5 4 4 2 1 3B
2.Mow Non-Irrigated Turf
4.Edge Walks,Curbs&Plenting z Z Z 4 5 4 4 5 4 4 2 2 38
Beds
5.Monofilament Trimming 2 2 2 4 5 4 4 5 4 4 2 2 38
6.Clippings cleared-Concrete 2 z Z 4 5 4 4 5 4 4 2 2 3B
Areas
7.Weed Beds 1 2 5 4 4 5 4 4 1 30
e.Inigetion Inspectlon 1 1 1 1 1 1 1 1 1 1 1 1 12
9.Debris Removal 1 1 2 4 5 4 4 5 4 4 2 1 3B
10.Weed Control-Pavement .••*AS N EEDED"*"*
Cracks
11.Turf Fertilization 1 1 1 3
12.ShrubfGroundcover � ,� z
Ferlilizaiion
13.Shrub Trimming 1 2 2 1 1 1 1 9
14.Groundcover Trimming 1 2 2 2 2 2 2 1 14
15.Tree Pruning(5-8'Clearance) ****AS NEEDED*****
16.LeafClean-up 1 1 1 3
17.Pr�emerge Beds '� 1 2
18.Pre-emerge Turt 1 1 2
19.Post-emerge Beds 1 1 2
20.Post-emerge Turf 1 1 1 3
22.Scalp Liriope(if present) 1 1
23.Cut back Omamental Grasses ,� ,�
(f present)
24.Seasonal Color Change(f •�•SEASONAL*"**Randd Mill Trlengle only
present)
26.Preventative Fdiar Fungal *�*AS NEEDED*""*
Spray Color(As Neede�
27.Landscape Inspections 1 1 i 1 1 1 1 1 � 1 � 1 �2
Landscape Bid 2020 Page 24
H. Scope of Landscaae Services
. .
Landscape Perk Landscape 1601 Fair Oaks
Site Name: Site Location:
Annual Landscape Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
Functions
i.Mow Turf 1 2 4 5 4 4 5 4 4 2 1 36
2.Mow Field open spaces 1 1 1 4
3.Edge Walks,Curbs&Planting 2 2 2 4 5 4 4 5 4 4 2 2 36
Beds
4.Monofilament Trimming 2 2 2 4 5 4 4 5 4 4 2 2 36
5.Clippings cleared-Concrete 2 2 Z 4 5 4 4 5 4 4 2 2 36
Areas
6.weed Beds 2 4 5 4 4 5 4 4 1 33
7.Irrigatlon Inspection �75 Zones) 1 1 1 1 1 1 1 1 1 1 1 1 12
8.Debris Removal 1 2 4 5 4 4 5 4 4 2 1 36
9.Weed Control-Pavement
Cracks ""*"AS NEEDED""*"
10.Turf Fertilizafion 1 1 1 3
11.Shrub/Groundcover 1 1
Fertilization
12.Shrub Trimming 1 I 1 3
13.Tree Pruning ""*"AS NEEDED""""
14.LeaPClean-up 2 1 1 4
15.Pre-emerge Beds 1 1 2
16.Pre-emerge Turt 1 1 2
17.Post-emerge Beds 1 1 2
18.Post-emerge Turf 1 1 1 3
19.Cut back plants ,� �
2D.ButterAy Gerden 1 3
21.Mulch ***AS NLP.DED*"**""
ote: Town will providefire ant treatment
ebris-Paper,treelimbsor branches along creak and on bridges
m trashtwo cans each visit
Landscape Bid 2020 Page 25
I. Scoae of Landscane Services
. .
Landscape Pump Station Landscape HWY 377
Site Name: Site Location:
Annual Landscape Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nav Dec Total
Functions
1.Mow TurF 2 4 5 4 4 5 4 4 1 1 34
2.Edge Walks,Curbs 8Fence � z 4 5 4 4 5 4 4 2 1 34
3.Irrigation InspectiorR6 zones 1 1 1 1 1 1 1 1 1 1 1 1 12
4.Debris Removal 1 2 4 5 4 4 5 4 4 2 1 34
5.Weed Control-Pavement ••••AS NEEDED""""
Cracks
6.Turf Fertilization 1 1 2
7.Tree Pruning(6'Clearence) ''''AS NEEDED`'*'
Note-In the spring will mow around wildFlowers inside and outside of fence area
J- Scone of LandscaneServices
. .
Landscape Three LiR Stetions Landscepe Two H1M'114 and one at Sabine Dr&
Site Name: Site Location: Davis
Amual Landscape Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
Functlons
1."Mow Nor�Irrigeted TurF 1 1 1 1 1 1 6
2.Edge 2 ft around fence and 1 1 1 1 1 1 6
inside/out areas
3.Soil Sterilent epplicetion � 1 2
inside each station
*"Note- Lift stations on HWY 114 have 3Qyard long drives,inciude this in the mowing and edge schedule.
Landscape Bid 2020 Page 26
Exhibit "A"
Town Owned Properties and Open Space
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Town Owned Facilities in Red Dpen space In Blue Riyht-of-ways Yellow Note:6ift Station at Sabine Dr.not shown on mao
Landscape Bid 2020 Page 27
CERTIFICATE OF WTERESTEIJ PAF't7'MI�S
FORM ZZgrJ
1 or 1
Complete Nos. 1-4 and 6 if therc:ar�int�arest�.rl�4irties. OF�IC� US� ONLY
Complete Nos. 1,2,3,5,and 6 ii there are no iiit�r��str���i���rtie,�,. CEF2TIFICATION OF FILING
1 Name of business entity filing form,and the city,state aricf counkry af fM��bu�iness ci�tit�y's pl�r,e Certificate Numb�r:
of business.
2020-606�10
Smith Lawn and Tree
RICHLAND HILLS, TX United Statc�s Date Filed:
2 Name of governmental entity or state agency that is a party to the cnntract for which the tonn is �q��������
being filed.
Town of Westlake Date Acknawledged:
g Provide the identification number used hy the governmental entity or state agenr,y to track ar identify the contract,and provide a
description of the services,goocis,or other praperty to be provided under the contract.
2020-03
Mowing and Landscape Services
4 Nature of inte��est
Name of hiterested Party City,State,Country(place of Uusiness) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is �(JSS-(�!�, �,,��0`'�� , and my date of birth is �`"" �" v�'� .,J
My address is�2�J-v Y�l��e�/�UIL�V�'� �� �C/i ,�dAr � �✓,�_, � D ,�_.
(stre ) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in �U 1 �Ut Y �� County, State of `C�✓�, �,on the�r day of 1���'20�.
(month) (year)
�
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d
Form T'GC 2270
VERIFICATION REQUI�ED Blf T�XAS GOVERNM�NT CtaDE CNAPT�R 2270
Contract identifier: ���.��" ��
Department:
By signing below, Company herby verifies the following:
1. Company does not boycott Israel; and
2. Company will not oyco �Israel during the teri�i of the contract.
SIGNED BY:
Print Name of Person: �
. . _ ��_�_ �����-��_���_____ _ _____ _______
Signing, Title, and / ,.{-
Company —�((Yl, 1�� �.( (.�1� �/1 1 (���
Date signed: �_���2U __..____.__ _ ____..__
STATE OF TEXAS §
COUNTY OF���,�� §
BEFORE ME, the undersigned Notary Public on this day personally appeared ��—�,Jj_✓�___�-�_�,�_(Name), on behalf of
"J�rn�h C,GIW�'1��"rG�� (Company) who being duly sworn, stated under oath that he/she has read the foregoing verification
required by Texas Government Code Section 2270.002 and said statements contained therein are true and correct..
SWORN AND SUBSCRIBED TO before me,this�`� day of�(l 1 t , 20_2�
---
�;���C--�
r NOTARY OF PUB I ,
��"'••. Destany Nicole Hall FOR THE STAT TEXAS
�� � AAy C�Im�m�ission Hxpire�
M �n�s�$n��
��.��. ID No.131B80128
��pF�'
Government Code § 2270.002. Provision Required in Contract
Effective: September 1, 2017
A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written
verification from the company that it:
(1)does not boycott Israel; and
(2) will not boycott Israel during the term of the contract.
The following definitions apply:
(1)��Boycott Israel"means refusing to deal with, terminating business activities with, or otherwise taking any action that is
intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing
business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.
(2)"Company"means a for-profit sole proprietorship, organization, association, corporation, partnership,joint venture,
limitetl partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned
subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit.
(3)"Governmental entity"means a state agency or political subdivision of this state.
State law requires verification from a Company for contracts involying goods or services(regardless of the amount)
before the City can enter into the contract.
TOWN OF WESTLAKE
RESOLUTION NO. 20-11
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN
AGREEMENT WITH SMITH LAWN AND TREE TO PROVIDE LANDSCAPING
SERVICES AT TOWN OWNED FACILITIES AND AUTHORIZE TOWN STAFF TO
MAKE FUNDING CHANGES NOT TO EXCEED $25,000.00 ON THIS PROJECT.
WHEREAS, the Westlake Town Council (Council), finds that landscape services will
benefit the public; and
WHEREAS, the Westlake Town Council finds that the landscaping contractor, Smith
Lawn and Tree will provide the best value for all necessary labor and supplies for landscaping
services for all Town-owned facilities; and
WHEREAS, the cost for landscape services has been included in the adopted 2019-2020
Westlake Academy and Town budgets; and
WHEREAS, all other bids submitted on March 24, 2020 for the landscaping service for
all Town facilities are rejected; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the stakeholders and 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: The Town Council of the Town of Westlake hereby approves the contract
agreement with Smith Lawn and Tree to provide landscaping services at all Town-owned
facilities, 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.
SECTION 4: That this Resolution shall become effective from and after its date of
passage.
Resolution 20-11
Page 1 of 2
PASSED AND APPROVED ON THIS 27t'' DAY OF APRIL 2020.
ATTEST: Laura Wheat, Mayor
Todd Wood, Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Resolution 20-11
Page 2 of 2
Westlake Town Council
TYPE OF ACTION T x E i o w N o F
WESTLAKE
RegularMeeting - Consent oisriNorivE sv oEsicN
Westlake Town Council Meeting
Monday, Apri127, 2020
ToPrc: Consider a Resolution that authorizes the Town Manager to execute an
agreement with TxDOT for the construction of various aesthetic
enhancements to SH 170 and amending the FY 19/20 Adopted Budget to
provide funding.
STAFF CONTACT: Jarrod Greenwood, Assistant Town Manager
Troy Meyer, Director of Facilities and Public Works
Strategic Alignment
i � � . , . ., ; .
� �
- � �
High Quality Planning, Dcsign &
Planned/Responsible People,Facilities, Development-We are a desirable well Improve Technology,
Development &Technology Planned, high-quality community that Facilities&
is distinguished by exemplary design Equipment
standards.
Time Line- Start Date: September 1, 2020 Completion Date: September 1,2022
Funding Amount: $250,000 Status - N/A Source-N/A
Contract: No Forms: N/A
EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
As you may be aware, the SH 170 project has moved through the TxDOT design process at a
significantly faster progress than what is typically expected for a construction project. Due to the
project's pace funding for the proposed contract was not included in the FY 18/19 Adopted
Budget. Therefore, this will require an amendment to the CIP budget to allocate funding.
Much like the FM 1938 corridor, SH 170 is a major gateway into Westlake. The proposed
agreement would provide for design enhancements to certain elements of the SH 170
Page 1 of 2
construction that would continue the look achieved with the Westlake Parkway and FM 1938
bridges.
The budget amendment would include $234,800 for the TxDOT Advanced Funding Agreement
and $15,200 for engineering and architectural consulting services.
RECOMMENDATION
Staff recommends approval
ATTACHMENTS
Resolution with Exhibit"A"
Page 2 of 2
TOWN OF WESTLAKE
RESOLUTION 20-12
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, THAT AUTHORIZES THE TOWN MANAGER TO EXECUTE AN
AGREEMENT WITH THE TXDOT FOR THE CONSTRUCITON OF VARIOUS
AESTHETIC ENHANCEMENTS TO SH 170 AND THAT AMENDS THE FY 19/20
ADOPTED BUDGET TO PROVIDE FUNDING.
WHEREAS, the TeXas Department of Transportation is developing plans for the
construction of SH 170 within Westlake; and
WHEREAS, this project is of great importance to the health, safety, and welfare of the
citizens and economic strength of Westlake; and
WHEREAS, Westlake desires to ensure construction improvements that preserves the
Town's aesthetic and design standards; and
WHEREAS, the Town Council find that the proposed SH 170 enhancements is sound
infrastructure planning and consistent with goals and objectives within the adopted strategic
plan; and
WHEREAS, the Town Council finds that the Capital Improvement Plan should be
amended to allocate $250,000 for the SH 170 enhancements; and.
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the public.
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 incorparated herein by reference as if copied in their entirety.
SECTION 2: That, the Town Council of the Town of Westlake, TeXas, by approval of
this resolution, hereby approves the attached Exhibit "A'; ADVANCED FtINDING
AGREEMENT.
SECTION 3: The Town Council of the Town of Westlake hereby approves a budget
amendment to the Capital Improvement Plan for the creation of a SH 170 Improvements Capital
Project and provide funding in the amount of$250,000.
Resolution 20-12
Page 1 of 2
SECTION 4: 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.
SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 27TH DAY OF APRIL 2020.
ATTEST:
Laura L. Wheat, Mayor
Todd Wood, Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Resolution 20-12
Page 2 of 2
RESOLUTION 20-12 �S�# 3559-02-007
EXH I B IT ��A�� District# 02-FTW
Code Chart 64# 45150
Project Name Additional Railing on US 377
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT PROJECTS
WITH NO REQUIRED MATCH
ON-SYSTEM
THIS AGREEMENT is made by and between the State of Texas, acting by and through the
Texas Department of Transportation called the "State", and the Town of Westlake, acting by
and through its duly authorized officials, called the "Local Government". The State and Local
Government shall be collectively referred to as "the parties" hereinafter.
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation improvements
to implement its public purposes, and
WHEREAS, Transportation Code, Chapters 201 and 221, authorize the State to lay out,
construct, maintain, and operate a system of streets, roads, and highways that comprise the
State Highway System; and
WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter
221, authorize the State to contract with municipalities and political subdivisions; and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 115550
authorizing the State to undertake and complete a highway improvement generally described as
Construct new roadway lanes on SH 170 from IH 35W to Denton County Line; and
WHEREAS, the Local Government has requested that the State allow the Local Government to
participate in said improvement by funding that portion of the improvement described as adding
decorative fence and extra bridge deck to accommodate the decorative fence on the U-turn
bridge structures of the crossing on US 377 at SH 170 and at Trophy Lake Drive. Additionally,
decorative accent pavers will be added on the pedestrian shared path used along US 377 and
Trophy Lake Drive at SH 170 and to the raised islands on the approach to the US 377 U-Turn
bridges, called the (project); and
WHEREAS, the State has determined that such participation is in the best interest of the
citizens of the state;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties, to be by them respectively kept and performed as set forth in this
Agreement, it is agreed as follows:
Page 1 of 5
AFA VoITIP Revised 10/13/2017
CSJ# 3559-02-007
District# 02-FTW
Code Chart 64# 45150
Project Name Additional Railing on US 377
AGREEMENT
1. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing makes
the Agreement fully executed. This Agreement shall remain in full force and effect until
the Project has been completed and accepted by all parties or unless terminated as
provided below.
2. Project Funding and Work Responsibilities
A. The State will authorize the performance of only those Project items of work
which the Local Government has requested and has agreed to pay for as
described in Attachment A, Payment Provision and Work Responsibilities
(Attachment A) which is attached to and made a part of this contract. In addition
to identifying those items of work paid for by payments to the State, Attachment
A also specifies those Project items of work that are the responsibility of the
Local Government and will be carried out and completed by the Local
Government, at no cost to the State.
B. At least sixty (60) days prior to the date set for receipt of the construction bids,
the Local Government shall remit its financial share for the State's estimated
construction oversight and construction costs.
C. In the event that the State determines that additional funding by the Local
Government is required at any time during the Project, the State will notify the
Local Government in writing. The Local Government shall make payment to the
State within thirty (30) days from receipt of the State's written notification.
D. Whenever funds are paid by the Local Government to the State under this
Agreement, the Local Government shall remit a check or warrant made payable
to the "Texas Department of Transportation" or may use the State's Automated
Clearing House (ACH) system for electronic transfer of funds in accordance with
instructions provided by TxDOT's Finance Division. The funds shall be deposited
and managed by the State and may only be applied by the State to the Project.
3. Right of Access
If the Local Government is the owner of any part of the Project site, the Local
Government shall permit the State or its authorized representative access to the site to
perForm any activities required to execute the work.
4. Adjustments Outside the Project Site
The Local Government will provide for all necessary right of way and utility adjustments
needed for performance of the work on sites not owned or to be acquired by the State.
5. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or
employee of the other party and each party agrees it is responsible for its individual acts
and deeds as well as the acts and deeds of its contractors, employees, representatives,
and agents.
Page2of5
AFA VoITIP Revised 10/13/2017
CSJ# 3559-02-007
District# 02-FTW
Code Chart 64# 45150
Project Name Additional Railing on US 377
6. Document and Information Exchange
The Local Government agrees to electronically deliver to the State all general notes,
specifications, contract provision requirements and related documentation in a
Microsoft0 Word or similar document. If requested by the State, the Local Government
will use the State's document template. The Local Government shall also provide a
detailed construction time estimate including types of activities and month in the format
required by the State. This requirement applies whether the local government creates
the documents with its own forces or by hiring a consultant or professional provider. At
the request of the State, the Local Government shall submit any information required by
the State in the format directed by the State.
7. Interest
The State will not pay interest on funds provided by the Local Government. Funds
provided by the Local Government will be deposited into, and retained in, the State
Treasury.
8. Inspection and Conduct of Work
Unless otherwise specifically stated in Attachment A, the State will supervise and inspect
all work performed hereunder and provide such engineering inspection and testing
services as may be required to ensure that the Project is accomplished in accordance
with the approved plans and specifications. All correspondence and instructions to the
contractor performing the work will be the sole responsibility of the State. Unless
otherwise specifically stated in Attachment A to this contract, all work will be performed
in accordance with the Standard Specifications for Construction and Maintenance of
Highways, Sfreefs, and Bridges adopted by the State and incorporated in this agreement
by reference, or special specifications approved by the State.
9. Increased Costs
If any existing or future local ordinances, commissioners court orders, rules, policies, or
other directives, including but not limited to outdoor advertising billboards and storm
water drainage facility requirements, are more restrictive than State or Federal
Regulations, or if any other locally proposed changes, including but not limited to plats or
replats, result in increased cost to the department for a highway improvement project,
then any increased costs associated with the ordinances or changes will be paid by the
Local Government. The cost of providing right of way acquired by the State shall mean
the total expenses in acquiring the property interests either through negotiations or
eminent domain proceedings, including but not limited to expenses related to relocation,
removal, and adjustment of eligible utilities.
10. Insurance
If this Agreement authorizes the Local Government or its contractor to perform any work
on State right of way, before beginning work the entity performing the work shall provide
the State with a fully executed copy of the State's Form 1560 Certificate of Insurance
verifying the existence of coverage in the amounts and types specified on the Certificate
of Insurance for all persons and entities working on State right of way. This coverage
shall be maintained until all work on the State right of way is complete. If coverage is not
maintained, all work on State right of way shall cease immediately, and the State may
recover damages and all costs of completing the work.
Page3of5
AFA VoITIP Revised 10/13/2017
CSJ# 3559-02-007
District# 02-FTW
Code Chart 64# 45150
Project Name Additional Railing on US 377
11. Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads and
locally owned facilities after completion of the work. The State shall be responsible for
maintenance of the State highway system after completion of the work if the work was
on the State highway system, unless otherwise provided for in Attachment A or existing
maintenance agreements with the Local Government.
12. Termination
A. This agreement may be terminated in the following manner:
1. By mutual written agreement and consent of both parties;
2. By either party upon the failure of the other party to fulfill the obligations set
forth in this agreement; or
3. By the State if it determines that the performance of the Project is not in the
best interest of the State.
B. If the agreement is terminated in accordance with the above provisions, the Local
Government will be responsible for the payment of Project costs incurred by the
State on behalf of the Local Government up to the time of termination.
C. Upon completion of the Project, the State will perform an audit of the Project
costs. Any funds due to the Local Government, the State, or the Federal
Government will be promptly paid by the owing party.
13. Notices
All notices to either party by the other required under this agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail,
(electronic notice being permitted to the extent permitted by law but only after a separate
written consent of the parties), addressed to such party at the following addresses:
Local Government: State:
Town of Westlake Texas Department of Transportation
ATTN: Assistant Town Manager ATTN: Director of Contract Services
1500 Solana Boulevard 125 E. 11th Street
Building #7, Suite 7200 Austin, TX 78701
Westlake, TX 76262
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided in this agreement. Either party may change the above
address by sending written notice of the change to the other party. Either party may
request in writing that such notices shall be delivered personally or by certified U.S. mail
and such request shall be honored and carried out by the other party.
14. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other
existing agreements between the Local Government and the State, the latest agreement
shall take precedence over the other agreements in matters related to the Project.
Page 4 of 5
AFA VoITIP Revised 10/13/2017
CSJ# 3559-02-007
District# 02-FTW
Code Chart 64# 45150
Project Name Additional Railing on US 377
15. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors,
assigns, and administrators to the other party to this agreement and to the successors,
executors, assigns, and administrators of such other party in respect to all covenants of
this agreement.
16. Amendments
By mutual written consent of the parties, this agreement may be amended in writing prior
to its expiration.
17. State Auditor
Pursuant to Texas Government Code § 2262.154, the state auditor may conduct an
audit or investigation of any entity receiving funds from the state directly under the
contract or indirectly through a subcontract under the contract. Acceptance of funds
directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the state auditor, under the direction of the legislative
audit committee, to conduct an audit or investigation in connection with those funds. An
entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or
audit.
18. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this
Agreement on behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government.
THE STATE OF TEXAS THE LOCAL GOVERNMENT
Signature Signature
Loyl C. Bussell Typed or Printed Name
Fort Worth District Engineer Typed or Printed Title
Date Date
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AFA VoITIP Revised 10/13/2017
CSJ# 3559-02-007
District# 02-FTW
Code Chart 64# 45150
Project Name Additional Railing on US 377
ATTACHMENT A
PAYMENT PROVISION AND WORK RESPONSIBILITIES
Upon full execution of this agreement, the Local Government will pay to the State a fixed
amount of$234,800.00, for the State to add decorative fence and extra bridge deck to
accommodate the decorative fence on the U-turn bridge structures of the crossing on US 377 at
SH 170 and at Trophy Lake Drive. Additionally, decorative accent pavers will be added on the
pedestrian shared path used along US 377 and Trophy Lake Drive at SH 170 and to the raised
islands on the approach to the US 377 U-Turn bridges, called the (project). The State is
responsible for 100% of project overruns.
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AFA VoITIP Attachment A
Town Cou nci I
Item # 5 — Executive
Session
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1)
to discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental
body seeks to have locate, stay, or expand in or near the territory of the
governmental body and with which the governmental body is conducting economic
development negotiations; or (2) to deliberate the ofFer of a financial or other
incentive to a business prospect described by Subdivision (1) for the following:
- Entrada
- Front 44
b. Section 551.071(2) — Consultation with Town Attorney on a matter in which the duty
of the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter: Resolution No. 00-19, a Contract with Hillwood Development Corporation
Concerning the Design Engineering and Construction of the West Side Pump Station
and the Dove Road Waterline.
c. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other legal
matters not related directly to litigation or settlement. Pending or contemplated
litigation and settlement offers include but are not limited to the following: Cause
No. 236-304811-18 - Builder Recovery Services, LLC v The Town of Westlake.
d. Section 551.071 Consultation with Attorney - to seek advice of counsel regarding
Granada Homeowners' Association matters.
Town Cou nci I
Item # 6 — Reconvene
Council Meeting
Town Cou nci I
Item # 7 — Necessary Action
NECESSARY ACTION
a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1)
to discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental
body seeks to have locate, stay, or expand in or near the territory of the
governmental body and with which the governmental body is conducting economic
development negotiations; or (2) to deliberate the ofFer of a financial or other
incentive to a business prospect described by Subdivision (1) for the following:
- Entrada
- Front 44
b. Section 551.071(2) — Consultation with Town Attorney on a matter in which the duty
of the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter: Resolution No. 00-19, a Contract with Hillwood Development Corporation
Concerning the Design Engineering and Construction of the West Side Pump Station
and the Dove Road Waterline.
c. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other legal
matters not related directly to litigation or settlement. Pending or contemplated
litigation and settlement ofFers include but are not limited to the following: Cause
No. 236-304811-18 - Builder Recovery Services, LLC v The Town of Westlake.
d. Section 551.071 Consultation with Attorney - to seek advice of counsel regarding
Granada Homeowners' Association matters.
Town Council
Item # 8 — Future Agenda
Items
FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under "Future Agenda Item Requests", an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item's relationship to the Council's strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
None
Town Cou nci I
Item # 9 — Council Recap /
Staff Direction
COUNCIL RECAP / STAFF DIRECTION
Town Cou nci I
Item # 10 — Adjournment
Regular Session