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Res 20-11 Authorizng and Agreement with Smith Lawn and Tree for Landscaping ServicesTOWN 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 hest 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 20-1 i Page 1 of 2 PASSED AND APPROVED ON THIS 27" DAY OF APRIL 2020. ATTEST: 4 v Tod Wood, To6-Secretary APPROVED AS TO FORM: (Z kr— L. Stanton Lowry, Town Attorney Laura Wheat, Mayor Amanda DeGan, Town Manager TEXAS Resolution 20-11 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 MICHAEL BERRETT ALESA BELVEDERE 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 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 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 1. Westlake Pump Station J. Three Lift Stations K. Porter Service - Trash Pick-up Contact: Darcy McFarlane Facilities & Recreation Assistant Email: dmefarlane@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. Ottinger 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 $ 1 ' S- — 2. Quarterly mowing, trimming and blowing (under trees) $ S — 3. Fire ant treatments: 1 Annual application of four -501b bags 51 Igo- 4. Monthly irrigation check x 12 $ q S — a. A-2 zones Monthly Cost for Service R-- A $ , l "1 Total Annual (12 month) Cost for Service S- A $ -7o. oil B. Westlake Academy - 2600 JT Ottinger 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. 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 per year b. Hand -pull weeds c. Mulch 6. Mulch beds and trees- as needed 7. Fire ant treatments Monthly Cost for Service B: $ 5-41L4.38 Total Annual (12 month) Cost for Service B: $ 0127Z 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, trimming and blowing 2. Monthly irrigation checks 3. Weed control 4. Mulch beds and trees as needed Monthly Cost for Service C: $ G. 2- 6-Total Annual (12 month) Cost for Service: $1 I 1 SS• 00 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: $1 B 1 q I • 00 Total Annual (12 month) Cost for Service D: $ 1-7 01(0 •OD 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: $ 33 .sO Total Annual (12 month) Cost for Service E: $ 39,226,00 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 Triangle 1. Mowing (Push mow), 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. Glenwvck 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 service 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 • I� Total Annual (12 month) Cost for Services F, G and H $ 160, 20 Landscape Bid 2020 Page 6 I. 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 &J`: $ , (o Total Annual (12 month) Cost for Services I &:T- $ 10. 3140.fl J. Three Lift Stations (HWY 114 and Davis & Sabine Dr.) 1. Mowing, trimming and blowing 2. Weed control Monthly Cost for Services t-&"J: $ q .33 Total Annual (12 month) Cost for Services M J: $ 11-7 9.19 G K. Porter Service — Trash Pick-up 1. Trash pick-up on all roads twice per month from October to April. 2. On -call to pick-up items which may include, but are not limited to, tree trimmings, construction debris, boxes, car parts and tires Monthly Cost for Service K: %2 MWxTI-t S Total (7 month) Cost for Service K: 1y VVW tS Total Cost of All Services Total Cost for Per Service Items Total Monthly Cost for All Recurring Monthly Services: Total Annual (12 month) Cost for All Recurring Services: Total Cost for Partial Year (7 month) Recurring Services: $ 1to3.33 $ S ti 5-- 143. -77-5F 0 �. to 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: $ otal Cost: $ 2. Mulch: Cost per bag with labor: hardwood: $ , 00 Cedar: $1 S. o0 ZGF ZCF 3. Tree trimming Service: Total daily services: Total hourly: $ D.00 �%�MA►� $ .p5=00 P£� MAr1 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 performed to Town standards, the Town may 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 community 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. (Irrigation Only) G. Dove Road Median & Randol Mill Triangle H. Glenwyck Park 1. Westlake Pump 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 Academy 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 Amount." 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 method will be unit pricing based on actual quantities of work provided. Landscape Bid 2020 Page 9 4. DISCREPANCIES IN 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. INTERPRETATION 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 Contractor 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 fulfill the service required in this agreement. Copies must 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 from 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 furnish 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 Type of Insurance and Amount 1. Workman's Compensation as set forth in the Worker's Compensation Act. 2. Commercial 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 or 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 maintained 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 completion and final acceptance of the service agreement by the Town of Westlake, the Contractor shall furnish the Town proof of identical 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 fNSTAUCTIONS (Must be a the Contractor) ATTENTION TO ALL BIDDERS: The Town 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 achieve a rapid and smooth completion of the process. All pertinent documents required by law and these instructions must be correctly completed. A successful completion of them, will not only benefit the 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 payment may be made without any further delays. If you are unable to comply with formal requirements or fail to exercise due diligence in completing the required contract forms, the contract may be awarded to the next lowest bidder for the reason time is of the essence in these 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 INSURANCE COMPANY 1. Proposal (to be completed by the Contractor) 2. Standard Form of Agreement (to be completed by the Contractor) 3. Corporate Acknowledgment; or Single Acknowledgment; or Partnership Acknowledgment (NOTE: Whichever is applicable to the Contractor, just one must be completed, and shall be notarized.) 6. Power of Attorney or Certificate of Authority of Attomey(s) In -Fact (issued by the surety's company) 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 or 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) SM1->1 LAw,% 1zEE Signature Name (Please Print) ?�t,ISS I-LL $1MPI V_ Title T S/L 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 5M i-rN LA-wN -� -TR-Ee . (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 Contract Documents. The Work is generally described as follows: LANDSCAPING SERVICES FOR TOWN OWNED FACILITIES AND PUBLIC OPEN SPACES FROM TOWN OF WESTLAKE Article 2. CONTRACT TIME. 2.1 CONTRACTOR agrees to commence service Sunday — Saturday. Service may be performed on weekends, holidays, and summers 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 must 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. Cemetery B. Westlake Academy C. Ottinger Rd. Irrigation only D. Maintenance Building E. Fire Station 255-43348-10-000 199-51-6249-05-001-0-99-0-00 100-43344-19-000 100-43348-17-002 100-43348-17-001 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. Pump 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 perform the services. Owner will deduct all expenses from the contractor's monthly fee. Article 6. INTEREST. 6.1 All moneys 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, damages, 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 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. 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 perform 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 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 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 or CONTRACTOR may terminate 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 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. 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 F A L Town of Westlake, Texas day of Ap12020. CONTRACTOR: 5 M )-w LAw A 4— Tzao By: ABy: Amanda DeGan, Town Manager ATTEST: �Zlv Todd Wood, Town Secretary Address for giving notices: 1500 Solana Blvd., Bldg. 7, Suite 7200 Address for giving notices: Westlake, Texas 76262 Ql"lA--:b "%LL,51 74- -76t)? List name of person to whose attention notices are to be sent: '-t 5Sf- -t- s) L -017-5-0)- (If CONTRACTOR is a Corporation, attach evidence of authority to sign.) aDestany Nicole Hall MyCommission Expires 0811312022 10 No. 131680126 Landscape Bid 2020 Page 19 Landscape Westlake Cemetery Landscape 3001 Ji Ottinger Rd. Site Name: I Site Location: Annual Landscape Functions Jan Feb Mar Apri May Jun Jul Aug Sep Oct Nov Dec Total 1. MowTuif open space """"""""""""'""As Needed "'""*'*"'""""""`" "*"" 12 Avg. 2. Mow under trees ""*"""*""""""'**As Needed ""'""""""'"" ""'""" """"" 4 Avg. 4.Irrigation Inspection -tree bubbler only 1 1 1 1 1 1 6 5. Debris Removal ""`""*""""'""'""As Needed ""`""""""'"""""`""""""""' 2 6. Tree Pruning 6' Clearance 1 1 7. Leaf Clean-up 1 1 2 6. Top Choice Fire Ant "" I 1 ote: " Town will provide the fire ant treatment ebris- paper tree limbs up to five inches in diameter mpty trash cans each visit Landscape Bid 2020 Page 20 B. Scope of Landscape Services Landscape I Westlake Academy Landscape 2600 JT Ottinger Rd. Site Name: Site Location: Annual Landscape Functions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 1. Mow Turf 1 2 4 5 4 4 5 4 4 2 1 36 2. Mow North Drive 1 1 1 1 4 3. Edge Walks, Curbs & Planting Beds 2 2 2 4 5 4 4 5 4 4 2 2 36 4. Monofilament Trimming 2 2 2 4 5 4 4 5 4 4 2 2 36 5. Clippings cleared - Concrete Areas 2 1 2 1 2 1 4 1 5 1 4 1 4 1 5 1 4 1 4 1 2 2 36 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 1 1 12 B. Debris Removal 1 1 2 1 4 5 1 4 4 5 4 4 2 1 36 9. Weed Control - Pavement Cracks .... AS NEEDED .... 10. Turf Fertilization 1 1 1 1 3 11.Shrub/Groundcover Fertilization 1 1 12. Shrub Trimming 1 1 1 3 13. Groundcover Trimming 14. Tree Pruning (6'-8' Clearance) 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 t 2 21. Scalp Liriope (if present) 1 22. Cut back Ornamental Grasses (if present) 1 1 23. Landscape Inspections t t t t t t t t t t t 12 24. Butterfly Garden 25. Mulch *` AS NEEDED ****** Landscape Maintenance Building Landscape k901 Dove Rd. Site Name: I I Site Location: Annual Landscape Functions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 1.Mow Turf 1 2 2 2 2 2 2 1 1 15 2. Edge Walks, Curbs 1 2 2 2 2 2 2 1 1 15 3. bed weed removal 1 1 1 1 1 1 1 1 1 9 4. Irrigation Inspection 1 1 1 1 1 1 1 1 1 1 1 1 12 5. Debris Removal 1 1 21 21 2 1 2 1 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: I I Site Location: Annual Landscape Functions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 1. Mow Turf 1 2 4 5 4 4 5 4 4 2 1 36 2. Mow Native Area t 1 1 1 4 3. Edge Walks, Curbs & Planting Beds 2 2 2 4 5 4 4 5 4 4 2 2 36 4. Monofilament Trimming 2 2 2 4 5 4 4 5 4 4 2 2 36 5. Clippings cleared - Concrete Areas 2 2 2 4 5 4 4 5 4 4 2 2 36 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 1 4 1 5 4 4 1 5 4 4 2 1 36 9. Weed Control - Pavement Cracks * * * AS NEEDED 10. Turf Fertilization 1 1 1 3 11. ShrublGroundcover Fertilization 1 1 12. Shrub Trimming 1 1 1 3 13. Groundcover Trimming 14. Tree Pruning (6'-B' Clearance) 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 1B. Post -emerge Beds 1 1 2 19. Post -emerge Turf 1 1 1 3 20. Scalp Liriope (if present) 1 21. Cut back Ornamental Grasses (if present) 1 1 22. Landscape Inspections 1 1 1 1 l 1 1 1 1HI 12 23. Water feature PM t t t t L l t 8 24. Mulch * * AS NEEDED Landscape Bid 2020 Page 22 E. Scope of Landscape Services Landscape Davis Blvd. CenteEaadMedian Landscape From Randol Mill to Dove Rd. Site Name I I Site Location' Annual Landscape Functions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 1. Mow Turf 1 2 4 5 4 4 5 4 4 2 1 38 2. Main Non- Irrigated Turf 1 1 1 3 3. Mow Native Areas 1 1 1 1 4 4. Edge Walks, Curbs & Planting Beds 2 2 2 4 5 4 4 5 4 4 2 2 38 5. Monofilament Trimming 2 2 2 4 1 5 4 1 41 5 4 1 4 1 2 2 38 6. Clippings cleared - Concrete Areas 2 2 2 4 5 4 4 5 4 4 2 2 38 7. Weed Beds 1 2 5 4 4 5 4 4 1 30 0.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 Cracks -—AS * AS NEEDED* 11. Turf Fertilization 1 1 1 3 12. ShrublGroundcover Fertilization 1 1 2 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 (6'-8' Clearance) **** AS NEEDED ***** 16. Leaf Clean-up 1 1 1 3 17. Pre -emerge Beds 1 1 2 18. Pre -emerge Turf 1 1 2 19. Post -emerge Beds 1 1 2 20. Post -emerge Turf 1 1 1 3 21. Scalp Asian Jasmine (if present) 1 1 22. Scalp Liriope (f present) 1 1 23. Cut back Ornamental Grasses Cifpresent) 1 1 24. Preventative Foliar Fungal Spray Color (As Needed) --AS AS NEEDED 25. Landscape Inspections 1 1 1 1 I 1 1 1 1 1 1 1 12 26. Fertilize Color (if present) F. Scope of Landscape Services Landscape Ottinger & Dove Road Irrigation Only Landscape estleke Academy to past Pearson Site Name: I I Site Location: IRd Annual Landscape Functions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 1. Irrigation Inspection 1 1 11 11 1 1 1 1 11 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: I I Site Location: Annual Landscape Functions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 1. Mow Turf Push Mow Only 1 2 4 5 4 4 5 4 4 2 1 38 2. Mow Non- Irrigated Turf 4. Edge Walks, Curbs & Planting Beds 2 2 2 4 5 4 4 5 4 4 2 2 38 5. Monofilament Trimming 2 2 2 4 5 4 4 5 4 4 2 2 38 6. Clippings cleared - Concrete Areas 2 2 2 4 5 4 4 5 4 4 2 2 38 7. Weed Beds 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 1 12 9. Debris Removal 1 1 1 2 1 4 1 5 4 4 5 4 4 2 1 38 10. Weed Control - Pavement Cracks * * « * AS NEEDED 11. Turf Fertilization 1 1 1 3 12. Shrub/Groundcover Fertilization 1 1 2 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 (6-8' Clearance) **** AS NEEDED ***** 16. Leaf Clean-up 1 1 1 3 17. Pre -emerge Beds 1 1 2 18. Pre -emerge Turf 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 Ornamental Grasses (f present) 1 1 24. Seasonal Color Change (if present) « * * SEASONAL * * * * Randol Mill Triangle only 26. Preventative Foliar Fungal Spray Color (As Needed) * * * AS NEEDED 27. Landscape Inspections I t t t t t t t t l t t t 12 Landscape Bid 2020 Page 24 Landscape Park Landscape 1601 Fair Oaks Site Name Site Location: Annual Landscape Functions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 1. Mow Turf 1 2 4 5 4 4 5 4 4 2 1 36 2. Mow Field open spaces 1 1 1 1 4 3. Edge Walks, Curbs & Planting Beds 2 2 2 4 5 4 4 5 4 4 2 2 36 4.MonofilamentTrimming 2 2 2 4 5 4 4 5 4 4 2 2 36 5. Clippings cleared - Concrete Areas 2 2 2 4 5 4 4 5 4 4 2 2 36 6. Weed Beds 2 4 5 4 4 5 4 4 1 33 7. Irrigation Inspection (15 Zones) 1 1 1 1 1 1 1 1 1 1 1 1 1 12 B. Debris Removal 1 2 4 5 4 4 5 4 4 2 1 36 9. Weed Control - Pavement Cracks * * * AS NEEDED " " * " 10. Turf Fertilization 1 1 1 3 11.Shrub/Groundcover Fertilization 1 1 Q. Shrub Trimming 1 1 1 3 13. Tree Pruning —AS NEEDED 14. LeafClean-up 2 1 1 4 15. Pre -emerge Beds 1 1 2 16. Pre -emerge Turf 1 1 2 17. Post -emerge Beds 1 1 2 18. Post -emerge Turf 1 1 1 3 19. Cut back plants 1 1 20. Butterfly Garden 1 1 3 21. Mulch **** As NEEDED ****** Note: Town will providefire ant treatment Debris- Paper, treelimbsor branches along creak and on bridges Empty trashtwo cans each visit Landscape Bid 2020 Page 25 Landscape Pump Station Landscape HWY 377 Site Name: Site Location: Annual Landscape Functions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 1. Mow Turf 2 4 5 4 4 5 4 4 1 1 34 2. Edge Walks, Curbs &fence 1 2 4 5 4 4 5 4 4 2 1 34 3. Irrigation Inspection28 zones 1 1 1 1 1 1 1 1 1 i 1 1 12 4. Debris Removal 1 2 4 5 1 4 1 4 5 4 4 2 1 34 5. Weed Control- Pavement Cracks • • • • AS NEEDED .... 6. Turf Fertilization 1 1 2 7. Tree Pruning (6' Clearance) AS NEEDED' Note -In the spring will mow around wildflowers inside and outside offence area Landscape I Three Lift Stations Landscape Two HWY 114 and one at Sabine Dr & Site Name: I Site Location: ]Davis Annual Landscape Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Functions 1. — Mow Nor- Irrigated 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 Sterilant application 1 1 2 inside each station ** Note- Lift stations on HWY 114 have 30-yard long drives, include this in the mowing and edge schedule. Landscape Bid 2020 Page 26 Gnem? k, / f �i ✓✓ *ti._ a , Sr esChickr,`rr. x� �Roanxean�rC f* � ' Dinnc Hou ��. - it Trophy �IjD s t � r I � E . ddof�_ � ��,'V� ,fir � �•. 1.. ': ttdil�, �y Wit. - � ` � •Lk fn• � �x � � �- ;• % L l� LAWN AND TREE Smith Lawn and Tree - Sales and Informational Packet 14 T H E T 0 W N O F WESTLAKE March 23, 2020 By & io? SMITH LAWN AND TREE Russell Simpler Managing Partner 817-501-6210 (cell) russell@smithdfw.com 3200 Handley Ederville Rd • Richland Hills, TX 76118 • Phone: (817) 921-2222 www.smithlawnandtree.com TABLE OF CONTENTS Smith Lawn and Tree Company History II. Ownership and Management Team III. Management Team IV. Company Facilities and Locations V. Services & Preventative Maintenance Programs VI. Weathermatic Premier Partner Program VII. References and Partnerships 2 1 P a - e COMPANY HISTORY Thank you for considering our company to manage your landscape. Should we be chosen to serve you, I am confident you will be extremely pleased with the results. Smith Lawn and Tree (SLAT) was founded in 1997 by Jud Smith. He started the company with one yard but continued to provide excellent customer service in his business through high school and college and grew the company into a small landscape firm. In 2006 Smith Lawn and Tree merged with Metro Horticulture Services and brought on another Owner, Russell Simpler. At that time Smith Lawn and Tree consisted of about 12 Employees. Since then, SLAT has grown to over 160 Employees and their service area covers the entire metroplex running two locations, main office out of Richland Hills and satellite office out of Carrolton. Jud and Russell are both involved in the daily operations of the business. Even through all of the growth, one main focus has remained constant.... That focus is to provide the best customer service possible, with exceptional quality, at a competitive price. We are dedicated to customer service; we focus on understanding the needs and objectives of each customer. We then target our full range of maintenance capabilities to meet those specific needs and execute relentlessly day in and day out to make it happen. We could not accomplish this without an incredible staff. Our management professionals are among the most accomplished in their respective fields. Through their leadership, we continue to reach new heights in landscape maintenance, construction, and irrigation services. No matter what size property, large or small, we are committed to providing the best landscape services possible. We look forward to working with you and exceeding your expectations. 3 1 P a g e OWNERSHIP AND MANAGEMENT TEAM Jud Smith — Managing Partner Jud Smith founded Smith Lawn and Tree in 1997 and has had hands on involvement every day to grow Smith Lawn and Tree to what it is today. Jud attended Texas Christian University and continued to grow Smith Lawn and Tree through his college years. Jud is a licensed irrigator, which has driven him in developing a large commercial installation division of the company. He enjoys implementing all commercial installations as well as many construction and hardscape projects. Jud is also the head of all tree operations. Aw Russell Simpler — Managing Partner Russell holds a Horticulture Degree from Tarleton State University and also carries a commercial pesticide license TDA #0525161. Russell oversees both the commercial and residential landscape management divisions of our company. David Yonis — Operations Manager David has a Horticulture Degree from Tarleton State University and is also a licensed irrigator 1-I#16928. David is also a board member for the Texas Nursery and Landscape Association. He will be responsible for the scheduling and implementation of the services for your property. Michael Strauss joined Smith Lawn and Tree in 2019 as our new Business Developer. He has been working in the green industry for the last 16 years. Prior to Smith he worked for a Dallas based company as the Director of Landscape Maintenance for 6 years. Michael holds an Irrigation Tech License with the state of Texas. He is well rounded in every aspect of landscaping which makes him a perfect fit for this role. Michael loves meeting with clients & building long lasting relationships. 4 1 P a g e MANAGEMENT TEAM Smith Lawn and Tree. Tammy Blackburn — Office Manager & Human Resources Tammy Blackburn joined Smith Lawn and Tree in 2012 as the Office Assistant. She was promoted to the Office Manager in 2013. She has many responsibilities, scheduling, Human Resources and customer relations being just a few. Tammy has over 12 years of experience in Customer Relations. She was born and raised in Fort Worth Texas. She attended Tarrant County College and majored in Psychology/Clinical Counseling. Her positive personality and passion for working with people is an asset to our customers and Shannon Finch joined the Smith Lawn and Tree team in March 2018 as an Arborist. He has been in the green industry since the early 2000's, starting with lawn care. In 2014, he joined the Arborist world and received his certification through the International Society of Arboriculture. His meticulous attention to detail and dedication makes him a great asset to Smith Lawn and Tree. He loves the outdoors and spending time with his family. Brandon Byrd joined the Smith Lawn and Tree team in 2018 as a Commercial Account Manager. Brandon studied Business Administration at Northwestern State University in Natchitoches, Louisiana. During college, Brandon worked for 4 years at a landscape firm. After college, he worked numerous years in the construction industry in Management and Human Resources. Brandon decided to get back into the landscape industry 3 years ago excelling in Human Resources, Account Management, and Operations. Brandon enjoys building strong, long lasting relationships with customers which makes him a great fit at Smith Lawn and Tree. When he's not working, Brandon enjoys spending time with his son, and daughter. 5 1 P a g e MANAGEMENT TEAM Glen Jennings — Director of Tree Care A new addition to the Smith team, Glen Jennings has been in the tree care industry for over 35 years. He attended Kansas State and became a Kansas certified arborist in 1989. A couple years later he received his certification through the International Society of Arboriculture. Glen enjoys being in this field because of his dedication to taking care of trees for our clients. Brent Bailey— Commercial Account Manager Brent Bailey joined Smith Lawn and Tree in 2015 as Residential Production Manager, he has since then been promoted to Commercial Account Management. Brent graduated from Texas A&M University in 2011, with a Bachelors of Landscape Architecture. Upon graduation, he moved back to Dallas and has spent the last 5 years working in the landscape design/build industry. Brent is excited to continue his contributions to the DFW green industry with the Smith Lawn and Tree team, combining his rich experience in design and production. Brent's attention to detail in all aspects of a project, and strong commitment to customer satisfaction, help ensure every project meets Smith's top tier level of quality. As a Commercial Account Manager, Brent balances design work with managing the talented installation and commercial maintenance crews of Smith Lawn and Tree. Destany Hall joined Smith Lawn and Tree in 2016 as the Office Assistant. She handles various responsibilities including scheduling and customer relations. In 2018 she was promoted to accounts payable/accounts receivable. She's always jumping in to assist our staff and loves a challenge. Destany has over five years of experience specializing in Customer Relations. A native Texan, Destany's outgoing and bubbly personality with people is an asset to our customers and our company. When she is not working Destany loves spending time with her Pit babies. 61Page SERVICES & PREVENTATIVE MAINTENANCE PROGRAMS Landscape Services Maintenance Services — We currently have 26 full time landscape maintenance service trucks. These crews are responsible for the weekly mowing and general landscape maintenance of our clients. Tree Services — We have outfitted 5 full time tree trucks with a total of 18 employees. These crews are available for emergency and after hours work upon request. Landscape Services — We have 5 Landscape Installation crews. They are set up and able to assist with Seasonal Color Installation, Mulch Installation, Sod Installation, and Various other landscape enhancements that you may have. Irrigation Services —We currently have 1 full sized irrigation installation crew and 5 service vans with 2 irrigation technicians each. This division is available to assist for irrigation repairs, drip installations, after hour emergency calls, and additional projects. Each Crew is outfitted with a licensed irrigator. Enhancement Crews — We currently staff 2 Crews with a total of 6 Employees for Enhancement Services. These crews are available to perform detail work, trimming, weeding, mulch installations, seasonal color installations, and small landscape projects. OUTSOURCED SERVICES — Smith Lawn and Tree currently performs all services that would be needed for this landscape maintenance contract in house. There will be no outsourced labor. 8 1 P a g e SERVICES & PREVENTATIVE MAINTENANCE PROGRAMS Pest Control/Weed Control — Regular site visits are crucial to managing pests and weeds. Preventative measures can be taken for pest control such as applying systemic insecticide treatments to crape myrtles and other trees that are susceptible to aphid and scale damage. We have had incredible success using this method in the past, reducing the amount of pesticides needed in the summer and having to react to insect infestation. Weed control is achieved by applying the right product and the right time at the correct rate. Irrigation also has a factor in weed control — watering too little or too much can affect the over health of turf and plants as well as weed control. Tree Services — Reporting of hazardous trees, broken or damaged limbs, and sick trees is extremely important. Taking trees down, hazardous limb removal, or cabling trees before they become a problem is part of our proactive approach to managing trees. In addition, if a tree is removed providing suggestions for a replacement tree if necessary. Landscape Maintenance — Management site visits and management reports are part of our normal business. Taking into account how a landscape currently looks and having a long term vision for the property. We like to constantly suggest improvements, replacements (if needed), enhancements, and items for drive up/curb appeal. This way the property is constantly improving and staying up to date. In addition we are able to address any possible issues before they become a more serious problem. This helps to keep our reputation impeccable as well as save the property money in the long run. Irrigation —Sprinkler systems are one of the most important aspects of any landscape in North Texas. With water restrictions in effect and area water supplies running low, water conservation is huge. We like to manage water usage on a regular basis and make slight adjustments as needed. In addition, we pride ourselves in being proactive with irrigation issues. Our inspection reports are intended to provide the property with important information regarding current issues and issues that may arise in the near future if not repaired or replaced. Managing irrigation this way helps us stay ahead of problems that would cause decline in turf, landscape, and seasonal plantings. Emergency Services: Smith Lawn and Tree provides 24 hour a day 7 day a week emergency service. We have an emergency phone line that is answered. In addition, managers are readily available in case of an emergency. Normal time for emergency response on site is less than 1 hour. Our goal is to address any emergency that may arise as quickly as possible and to keep the property manager up to date on the status of the emergency. We offer ice melt services, emergency tree removal, emergency irrigation repair work, and after hours special requests. 9 1 P a g e WEATHERMATIC PREMIER PARTNER PROGRAM AN \� 0, �� Y I iSMITH LAWN AND TREE NOW PARTNERED WITH SmartLink Conversion Introducing SmartLink Wireless Landscape Network: Weathermatic Water Conscrvinq Innovaron March 23, 2020 Smith Lawn and Tree has recently partnered with Weathermatic (Irrigation Manufacturer) to find an affordable irrigation solution for muti-site landscape management, water conservation, and social responsibility. • The Technology o Smart Controllers optimize watering based on plant type, soil type, slope, geography and sun exposure. Sensors detects climate data and other real time information on -site and send it to the controller o Smart Link Software with cloud -based connectivity provides alerts, remote monitoring, programming, landscape maintenance tracking and reporting to include pictures of repairs found during the inspection process This technology will allow us to better monitor your irrigation system remotely should weather events take place. Did you know that 70% of urban water use goes to landscaping irrigation and 50% of that water is wasted. With this new technology in some cases we have been able to reduce water use by 30-50%. Again, with proven success this technology and monitoring service will more than pay for itself. We believe so much in this technology that we are willing to pass on this conversion to you for NO UPFRONT COST. This means that we will install this new technology at NO COST to start saving you money immediately. On top of the installation we will warranty the equipment as long as we are monitoring your system. (some restrictions apply on cost and warranty) 101Page City of North Richland Hills Contact: Tanner Arwine — Parks Supervisor 817-507-9133 tarwine@nrhtx.com City of Colleyville Contact: Lisa Escobedo Parks and Rec Director 817-503-1183 lescobedo@colleyville.com Vaquero HOA Contact: Steve Barnett — Property Manager 817-597-0020 s.barnett@sbbmanasement.com Property Management Solutions 5751 Kroger Drive Keller, TX, 76244 Contact: Dawn Kelly 817-337-1221 dkelly@propertymanaeementgroup.com Montclair Parc HOA Colleyville, TX Contact: Betty Jean Wilbanks —Board Member 817-239-1108 j wilbanks@sbcglobal.net REFERENCES AND PARTNERSHIPS 11IPage COLLEYVILLE CITY OF SOLITHLAKE LO 141ti I NORTH RICHLAND HILLS FORTWORTH. Plano City of Excellence 121Page IFWCD PORT %VORni COUNT PITY I)AY November 18, 2010 RE: SMITH LAWN & TREE To Whom It May Concern Over the past five years, I have worked closely with most members of the Smith team as the Assistant Head of School and operations director at Fort Worth Country Day. It is with great enthusiasm that I recommend Smith Lawn & Tree. Country Day has a hundred -acre campus with seven athletic competition fields. In recent years, the school grounds changed significantly with three major building projects, a new entry/roadway, and regular general campus enhancement. Throughout this period, we used Smith to supplement our regular grounds crew. Routinely, they designed and install gardens around buildings, groomed previously undeveloped parts of campus, or help us tackle a big project. Here are the things that have made Smith Lawn & Tree a valued vendor for Country Day's landscaper. • There are tight windows of time to get work done in a busy campus. Smith crews show up on time as they promise with the right tools to get the work done on time. • They are respectful of the students, staff and school environment. They plant our memorial trees. I even had them out during an Earth Day celebration. • They have worked on highly visible parts of campus, entry gates, Trustee Plaza, Administrative Buildings, interior lawns. I value their design advice and judgment. • They are responsive. When the landscape sub bailed at the last minute on a $7m building project, Smith installed about forty pallets of sod over the weekend. I made a desperate call at 4:OOpm on Friday. The site was ready for a dedication ceremony on Monday. I was fortunate to have an outstanding team of contractors throughout our recent building programs. I include Smith Lawn & Tree in that group. The guys deliver and work well with all constituencies. They are trusted partners and friends of Country Day. Sincerely, Stephen M. Stackhouse Assistant Head of School 4200 Country Day Lane Fort Worth, TX 76109-4299 (817) 302-3222 131Page SMITH LAWN AND TREE Smith Lawn and Tree Partnerships Town of Westlake Westlake, TX 76262 To Whom it May Concern, Thank you for considering Smith Lawn and Tree for your Landscape Maintenance Needs. We truly value the relationships we build with our clients and wanted to mention a few key factors to consider when making your decision. 1. Smith Lawn and Tree Has 3 Full time Arborists on staff. Trees are a huge part of our business. We feel that this is a great benefit to our clients as we can accommodate both their landscape and tree needs in one place. Our arborists work very closely with all of our account managers and will often do annual or biannual assessments of trees on properties. This will include Pruning and removal needs, insect and disease control, soil issues, and overall health issues. 2. Dedicated account managers. Our account managers are truly what make our relationships work. They are the go to people for communication. They manage our crews, are on site often, and handle monthly irrigation reports, and so much more. You will have an assigned account manager who will be the eyes and ears of the property and will work closely with you to come up with budgets, projects, seasonal color selections, and so much more. 3. We utilize no subcontractors for any service within this scope of work. Arbor Care, Irrigation, Plant Health Care, Mulching/Enhancement, and Chemical Fertilization programs are all done in house. This allows us to effectively communicate, stick to our schedule, and provide better service to our clients. Also we find it best for specialized crews to become experts in their respective area (tree care guys prune our trees, mowing guys — mow, irrigation guys perform irrigation, Chemical techs treat our lawns and shrubs) 4. Irrigation and 2 Wire System/Pump Systems — We have several large communities as well as municipality contracts that have both 2 wire and Well/Pump irrigation. Our crews are trained and ready to effectively manage your irrigation system from day 1. 5. We feel that we are very organized in our approach. We map water meter locations, and shut offs, zone locations, and more. We provide detailed irrigation reports. We provide designs when needed for enhancements. All of this helps us to be organized, communicate clearly, and manage the landscape efficiently. 6. Our management team — We work very closely together. Through our entire team there is a very diverse amount of knowledge and expertise through years of green industry experience. It is a true asset to our clients to know that there is an entire team backing their property. 7. Town and Municipality work is a large part of our business. We serve the following cities with Landscape Maintenance, Tree Services, or Mowing. City of Southlake, City of Keller, City of North Richland Hills, City of Euless, City of Plano, City of Ft. Worth, City of Midlothian, and many more throughout the DFW area. We are very familiar with the processes of how each city operates differently and we are set up to accommodate the unique approach each of them takes. 8. Field Staffing for the Town of Westlake. We will have a maintenance crew on site 3-4 Days per week depending on which services are needed and mowing cycle. In addition we will have our irrigation techs perform their monthly checks and repairs consistently. Initially, we will need to get bed weed control and turf maintenance going for spring, so we will have on of our dedicated chemical applicators get things caught up. We have the staff and manpower to exceed the expectations of the Town Day one and for many years to come. 9. Lastly we value our clients. Our desire is to build long term relationships with all of our clients through excellent customer service. Our Clients find Value in an All-inclusive Landscape Maintenance company, one that can provide all of their service needs. We want to advise you on key decisions that need to be made with your irrigation, landscape, and trees. We want to enhance your property through our approach to service and overall management. This leads to relationships that last. Thank you again for considering Smith Lawn and Tree for your Landscape Maintenance Needs. 1 hope that you find the Value in the level of service that we will provide for The Town of Westlake and we look forward to working with you in 2020 and Beyond. Sincerely, Russell Simpler Managing Partner .ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/20/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Frost Insurance Agency, Inc. P.O. BOX 33528 Fort Worth TX 76162 CONTACT NAME: Tammie Thompson PHONE FAX AIC. No. Ext • 817-420-5700 A/c No): 817-420-5750 ADDRESS: tammie.thornpson@frostinsurance.com INSURERS AFFORDING COVERAGE NAIC # INSURERA: Employers Mutual Casualty Co 21415 INSURED SMITH-6 INSURER B : Texas Mutual Insurance CO. 22945 The Paysage Group LLC dba Smith Lawn & Tree INSURERC: INSURERD: Paul Warner Investments LLC INSURERE: 3200 Handley Ederville Rd. Richland Hills TX 76118-5813 INSURER F : COVERAGES CERTIFICATE NUMBER:1557798134 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 6D15121 12/23/2019 12/23/2020 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE lxl OCCUR DAMAGE TO RENTED (Ea occurrence) $ 500,000 -PREMISES MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY [�] jE O LOC PRODUCTS - COMP/OP AGG $ 2.000,000 EBL Aggregate $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY 6E15121 12/23/2019 12/23/2020 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS IX BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY $ A X UMBRELLA LIAB X OCCUR 6J15121 12/23/2019 12/23/2020 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LAB CLAIMS -MADE DED I X RETENTIONS i n.nnn $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/NSTATUTE ANYPROPRIETOR/PARTNER/EXECUTIVE fl OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA TSF0001223361 2/13/2020 2/1312021 X PER OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1.000,000 If yes, describe under DESCRIPTION OF OPERATIONS below A A Equipment Floater Pesticide Pollution 6C15121 6D15121 12/23/2019 12/23/2019 12/23/2020 12/23/2020 Leased/Rented Equip GL Coverage 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General and Auto Liability policies include an automatic blanket Additional Insured endorsement that provides such status to the certificate holder when required by written contract. The General Liability, Auto and Workers Compensation policies include a blanket Waiver of Subrogation providing this feature only when there is a written contract that requires it. CtK I IrICA I Town of Westlake 1500 Solana Blvd. Building 7, Suite 7200 Westlake TX 76262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ,/ f� :r2n�[.C� •�! �! •ilJ�to - © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 322 Applicators cn•e required to keep rerrt/ic•ates o/'ronlpletloa iw 12 months./011oiri , renewal of a license. 4 TAC§7.24(s) Regulations and statutory provisions governing pesticide applicator licensees and their use of pesticicleS may be found in Chapter 7, Title 4, of the Texas administrative Code and Chapter 76 of the Texas Agriculture Code, respectively. TDA's web site provides convenient links to these laws. Failure to comply with these laws, including misuse of any pesticide, may result in revocation. Suspension, modification, or probation of your license and/or assessment of monetary administrative penalties. Ii' you have any questions regarding your license, please contact our Austin headquarters toll free at (877) LIC- AGRI (877-542-2474), or visit our web site at www.TexasAvriculturc.gov. For the hearing impaired, you may call Relay Texas (800) 735-2988 (voice) or (800) 735-2989 (TDD) or visit our web site. TEXAS DEPARTMENT OF AGRICULTURE P. O. BOX 12847 AUSTIN, TEXAS 78711-2847 COMMERCIAL PESTICIDE APPLICATOR LICENSE i y RUSSELL SIMPLER 3200 HANDLEY EDERVILLE RD License No: 0525161 NORTH RICHLAND HILLS TX Effective Date: 02/29/2020 76118 Expires: 02/28/2021 11111111 1 III 1111111111111111111111111 Front side Categories: 3A Descriptions: 1 A Field Crop 3A Landscape Maint 1 B Fruit, Nut. & Veg 3B Nursery Plant Prod 1C Pasture & Rangeland 4 Seed Treatment 1 D Vertebrate Pest 5 Vegetation Mgmt 1 E Farm Commodity Pest 6 Aquatic Control 1 F Animal Health 7 Demonstr & Research 1 G Citrus 8 Reg Pest Control 1 H Livestock Prot Collar 9 Aerial Application 11 M-44 Device 11 Soil Fumigation 2 Forest Pest Control 12 Public Health Pest Control (Vector) Back side LAMINATION ADVISED: Please cut out along heavy black lines. placing Front and back sides together, and larninate. TEXAS DEPARTMENT OF AGRICULTURE 1e�� COMMISSIONER SID MILLER ' P. O. BOX 12847 AUSTIN, TEXAS 78711-2847 (877) LIC-AGRI (877-542-2474)`" For the hearing impaired: (800) 735-2989 TDD (800) 735-2988 VOICE www.TexasAgriculture.gov COMMERCIAL PESTICIDE APPLICATOR LICENSE This is to certify that the person whose name appears below has met the requirements of Texas Agriculture Code Chapter 76, relating to application of restricted -use or state -limited -use pesticides or regulated herbicides. This license is issued for purchase and application of restricted -use or state -limited -use pesticides or regulated herbicides to be used according to label directions consistent with the use categories listed below. RUSSELL SIMPLER 3200 HANDLEY EDERVILLE RD License No: 0525161 NORTH RICHLAND HILLS TX 76118 Effective Date: February 29, 2020 Expires: February 28, 2021 Categories: IIIIIIIIIIIIIIIIIIIIIIIIII IlllllllllllfIII 3A 1-1 It 0 o� o= 00 A A A