59_26_12 Mowing IFB.pdf

CITY OF THE COLONY

DENTON COUNTY, TEXAS

FORMAL INVITATION FOR BIDS

ANNUAL MOWING, LANDSCAPE AND MAINTENANCE

BID NO. 59-26-12

Issuing Department Parks & Recreation Bid Opening September 25th, 2026 – 2pm Submission Electronic submission through PlanetBids Contract Term 3 years Renewal Options 2 years

Purchasing Contact Joe Oerum, Purchasing Manager | 972-624-3145 | purchasing@thecolonytx.gov

TABLE OF CONTENTS

Section 1 — Invitation for Bids

Section 2 — Instructions to Bidders

Section 3 — Bidder Information and Electronic Submission

Section 4 — Addenda Acknowledgment — Electronic

Section 5 — Bidder Certifications and Required Forms

Section 6 — General Terms and Conditions

Section 7 — Insurance Requirements

Section 8 — Award and Contract Requirements

Attachment A — Mowing Specifications

Attachment B — Standard Form of Agreement

Attachment C – Boycott Israel Certification

Attachment D – Conflict of Interest Questionnaire

Attachment E — Electronic Bid Schedule (PlanetBids)

SECTION 1 — INVITATION FOR BIDS

INVITATION

FOR BIDS

ANNUAL MOWING, LANDSCAPE AND MAINTENANCE

BID NUMBER: 59-26-12

Formal bids received through the PlanetBids website located at https://vendors.planetbids.com/portal/78679/portal-home until 2:00 PM, local time, October 15th, 2026. There is no fee for registering or bidding on this project through PlanetBids.

No paper copy bid will be acceptable.

BID NUMBER: 59-26-12

PRE-BID AT 10:00AM, OCTOBER 6th, 2026, AT 6053 MAIN STREET. THE COLONY, TX 75056.

ALTHOUGH NOT MANDATORY, BIDDERS ARE STRONGLY URGED TO ATTEND THIS CONFERENCE.

ANY MISUNDERSTANDINGS DUE TO NON-ATTENDANCE WILL NOT BE REASON FOR LETTING A

BIDDER OUT OF THE BID.

RESULTS WILL BE READ AT 2:00 PM, THURSDAY, OCTOBER 15TH, 2026.

SCOPE OF WORK:

The City is soliciting formal bids for annual mowing, landscape, and maintenance services at designated City of The Colony locations.

The detailed scope of work, service requirements, locations, maps, mowing cycles, performance standards, and other technical requirements are provided in Attachment A — Mowing Specifications, which is issued separately as part of this solicitation.

Specifications, bid proposal forms, addendums and instructions to bidders may be downloaded from the PlanetBids website. No paper copy bid will be acceptable.

The bidder must submit Proof of Insurance and all other required documentation specified in the bid documents.

Any questions regarding the bid process, procedures, or specifications shall be submitted through PlanetBids. All responses will be posted to PlanetBids. Any addenda for this project will be posted on the PlanetBids website where prospective bidders may download them. All documents must be submitted with the bid package and “filled out completely” by the bidders.

City of The Colony reserves the right to reject any or all bids, in whole or in part, to waive any informality in any bid, and to accept the bid which, in its discretion, is in the best interest of the City of The Colony.

Sincerely, Joe Oerum Purchasing Manager 972-624-3145

PUBLICATION DATES: 9/25/26 and 10/2/26 https://vendors.planetbids.com/portal/78679/portal-home

SECTION 2 — INSTRUCTIONS TO BIDDERS

1. Definitions The term “Bidder” means a person, firm, corporation, partnership, or other entity submitting a bid to the City. The term “Successful Bidder” means the bidder selected by the City for award. “Bidding Documents” include the Invitation for Bids, these Instructions to Bidders, applicable specifications and scope of work, electronic bid schedule, addenda, required forms, and proposed contract documents.

2. Examination of Solicitation Documents Each Bidder is responsible for examining the solicitation documents, specifications, scope of work, applicable attachments, addenda, and all information made available through PlanetBids. Submission of a bid constitutes acknowledgment that the Bidder has reviewed the solicitation and understands the requirements applicable to the bid.

3. PlanetBids Registration and Electronic Submission Formal electronic bid responses are required through the City of The Colony PlanetBids vendor portal. No paper copy bid responses will be accepted. Bidders are responsible for ensuring that their electronic submission is successfully completed before the stated deadline.

4. Addenda All bidders are responsible for monitoring PlanetBids for addenda and other solicitation communications.

Addenda issued before the bid opening may modify the solicitation. The Bidder shall acknowledge all applicable addenda as required in PlanetBids.

5. Bid Preparation Bids shall be submitted in accordance with the solicitation requirements. Prices shall be stated in the electronic bid schedule in the manner requested. Unless expressly permitted by the solicitation, bids containing conditions, qualifications, or exceptions may be rejected as non-responsive.

6. Bid Withdrawal or Modification A bid may be modified or withdrawn through the electronic procurement process before the bid submission deadline, subject to the procedures and system requirements established by PlanetBids. After the deadline, a bid may not be withdrawn except as permitted by applicable law or with the City's written approval.

7. Escalator Clauses Bids containing conditions that provide for changes in stated bid prices due to increases or decreases in labor, materials, fuel, or other costs may be rejected unless such pricing adjustment is expressly permitted by the solicitation.

8. Bid Validity Unless otherwise stated in the solicitation, bids shall remain subject to acceptance for ninety (90) calendar days after the bid opening date. The City may, in its discretion, release a bid before expiration of the acceptance period.

9. Rejection of Bids The City may reject bids that are incomplete, conditional, materially altered, non-responsive, or otherwise fail to comply with the solicitation. The City reserves the right to waive informalities that do not affect the substance or responsiveness of a bid and to reject any or all bids.

10. Responsible Bidder The City may evaluate bidder qualifications, experience, references, financial responsibility, ability to perform, past performance, compliance with solicitation requirements, and other information relevant to determining bidder responsibility.

11. Evaluation and Award If an award is made, the City intends to award to the lowest responsible, responsive bidder unless the solicitation provides another lawful basis for evaluation or award. The City may consider price, compliance with requirements, qualifications, references, past performance, proposed terms, and other criteria stated in the solicitation.

12. References and Additional Information The City may request additional information reasonably necessary to determine responsibility or clarify a bid. A bidder shall provide requested information within the time specified by the City.

13. Subcontractors If subcontracting is permitted, the Successful Bidder remains responsible for the performance of all subcontracted work and shall comply with any subcontractor disclosure or approval requirements stated in the solicitation.

14. No Assignment The Successful Bidder shall not assign or transfer the resulting contract, in whole or in part, without the prior written consent of the City.

15. Contract Execution The Successful Bidder shall execute the City's contract and provide required post-award documentation within the time specified by the City. Failure to timely execute the contract or provide required documentation may result in the City proceeding with another bidder or taking other action permitted by law.

16. Compliance with Laws The Bidder shall comply with all applicable federal, state, county, and local laws, ordinances, regulations, and requirements applicable to the solicitation and resulting contract.

17. Sales and Use Tax The City is a tax-exempt governmental entity. The Successful Bidder shall comply with applicable Texas sales and use tax requirements and the City's tax-exempt status. Any taxable items or services shall be treated in accordance with applicable law.

18. Public Information Information submitted in response to a solicitation may be subject to disclosure under the Texas Public Information Act. Bidders should clearly identify information they believe is confidential or proprietary and provide the basis for any claimed exception. The City will make determinations concerning disclosure in accordance with applicable law.

19. City Rights The City reserves all rights provided by applicable law and the solicitation documents, including the right to reject any or all bids, waive informalities, cancel or postpone the solicitation, and accept the bid determined to be in the City's best interest.

Section 3 — Bidder Information and Electronic Submission The Bidder shall provide the following information through the electronic solicitation and/or the form below, as directed by the City.

Legal Business Name Business Address City / State / ZIP Primary Contact Telephone Email Address Federal Tax Identification Number

By signing below, the undersigned certifies that the Bidder has examined the solicitation documents, acknowledges applicable addenda, understands the requirements, and agrees that the bid is submitted in good faith and without collusion.

Authorized Representative Title Signature Date Printed Name

Section 4 — Addenda Acknowledgment — Electronic The Bidder acknowledges receipt of all addenda issued for this solicitation. Addenda shall be acknowledged electronically in PlanetBids when required.

Section 5 — Bidder Certifications and Required Forms The following forms or certifications shall be completed and submitted when identified as applicable to the solicitation. Purchasing may require additional forms based on the nature, value, funding source, or legal requirements of a particular procurement.

Form / Certification Applicability Submitted / Acknowledged Non-Collusion Certification Required as specified by the solicitation. ☐ Yes ☐ N/A State Reciprocal Requirement n/a ☐ Yes ☐ N/A Conflict of Interest Questionnaire (CIQ) Required ☐ Yes ☐ N/A

Certificate of Interested Parties (Form 1295)

Required when applicable under Texas Government Code Chapter 2252, Subchapter C.

☐ Yes ☐ N/A

House Bill 89 / Boycott Israel Verification Required. ☐ Yes ☐ N/A Other Statutory / Funding Certification n/a ☐ Yes ☐ N/A

5.1 Non-Collusion Certification

The undersigned certifies that the bid has not been prepared in collusion with any other bidder or individual engaged in the same line of business; that the Bidder has not directly or indirectly induced or solicited another bidder to submit a false or sham bid; has not solicited or induced any person or firm to refrain from bidding; and has not sought by collusion to obtain an advantage over another bidder or the City.

Authorized Signature: ______________________________ Date: ________________

5.2 Conflict of Interest

The City prohibits City officers and employees from having prohibited financial interest in City contracts.

The Successful Bidder shall provide the State of Texas Conflict of Interest Questionnaire (Form CIQ) when required by applicable law.

5.3 Certificate of Interested Parties — Form 1295

When applicable, the Successful Bidder shall complete and file the Certificate of Interested Parties (Form 1295) with the Texas Ethics Commission and provide the completed certification to the City in accordance with applicable requirements.

5.4 House Bill 89 Verification

When applicable, the Successful Bidder shall provide the City's required verification concerning the company's compliance with Texas Government Code Chapter 2271.

Authorized Signature Title Printed Name Date

SECTION 6 — GENERAL TERMS AND CONDITIONS

6.1 Contract Documents

The resulting contract shall consist of the executed agreement and documents incorporated by reference, including the solicitation, specifications/scope of work, electronic bid schedule, addenda, applicable certifications, and other documents identified by the City.

6.2 Changes and Amendments

No oral statement shall modify the terms of the resulting contract. Changes shall be made in writing and executed by authorized representatives of the parties.

6.3 Payment

Payment shall be made in accordance with the City's standard payment procedures following receipt and acceptance of the goods or services and a properly submitted invoice. The City may withhold payment for disputed, incomplete, or nonconforming work.

6.4 Inspection and Acceptance

The City may inspect goods and services for compliance with the contract. Nonconforming goods or services may be rejected or require correction at the Successful Bidder's expense.

6.5 Warranties

The Successful Bidder shall provide all warranties stated in the solicitation and those normally provided by the manufacturer or service provider. Any additional warranty requirements shall be identified in the specifications.

6.6 Termination

The City may terminate the contract for cause, convenience, or other reasons permitted by the contract and applicable law, subject to the terms of the resulting agreement.

6.7 Default

Failure to perform in accordance with the contract may constitute default. The City may pursue remedies provided by the contract and applicable law.

6.8 Indemnification

The Successful Bidder shall comply with the indemnification requirements contained in the resulting contract and applicable solicitation documents.

6.9 Insurance

Insurance requirements will be established based on the nature and risk of the goods or services.

Required coverage shall be provided before performance when specified by the City.

6.10 Independent Contractor

The Successful Bidder is an independent contractor and is responsible for its employees, subcontractors, equipment, methods, and performance, except as otherwise provided in the contract.

6.11 Assignment

No assignment or transfer of the contract is permitted without the City's prior written consent.

6.12 Compliance with Laws

The Successful Bidder shall comply with all applicable federal, state, and local laws, regulations, ordinances, and City requirements.

6.13 No Waiver

Failure by the City to enforce any provision shall not constitute a waiver of the City's right to enforce that provision later.

6.14 Severability

If any provision of the contract is determined to be invalid or unenforceable, the remaining provisions shall remain in effect to the extent permitted by law.

6.15 Governing Law and Venue

The resulting contract shall be governed by the laws of the State of Texas and shall be performable in Denton County, Texas, unless otherwise required by applicable law.

6.16 Entire Agreement

The executed contract and documents incorporated into it constitute the entire agreement concerning the subject matter and supersede prior representations or understandings concerning that subject matter.

SECTION 7 — INSURANCE REQUIREMENTS

Insurance requirements shall be determined by the City based on the nature, scope, and risk associated with the procurement. The applicable insurance requirements shall be identified in the solicitation or contract documents.

Coverage Minimum Requirement Applicable?

Commercial General Liability $1,000,000 x Automobile Liability $1,000,000 x Workers' Compensation / Employer's Liability Statutory Amount x Professional Liability Not Required ☐ Other Not Required ☐

SECTION 8 — AWARD AND CONTRACT REQUIREMENTS

Following bid opening, the City may evaluate responsiveness and bidder responsibility and may request information necessary to complete the evaluation. If an award is made, the City will provide notice to the Successful Bidder.

The Successful Bidder shall provide all required post-award documents within the time specified by the City, which may include a signed contract, insurance documentation, statutory certifications, vendor information, and other documents identified in the solicitation.

The City may require the Successful Bidder to execute the City's standard agreement. The agreement shall incorporate the applicable solicitation documents and any addenda or written amendments.

ATTACHMENTS

Attachment A — Mowing Specifications — Detailed technical specifications, service requirements, locations, maps, and performance requirements for the Annual Mowing, Landscape and Maintenance Contract.

Attachment B — Standard Form of Agreement — The City's standard form of agreement to be executed by the Successful Bidder following award.

Attachment C – Boycott Israel Certification

Attachment D – Conflict of Interest Questionnaire

Attachment E — Electronic Bid Schedule (PlanetBids) — Pricing shall be submitted electronically through the PlanetBids bid schedule. No separate paper pricing schedule is included in this bid package.

BID SPECIFICATIONS

Invitation For Bids 59-26-12_ANNUAL MOWING, LANDSCAPE AND MAINTENANCE

A. GENERAL INFORMATION

Bid Requirements

1. Bid to be submitted on a per mowing basis and a contract for a minimum of 24 cycles and a maximum of 36 cycles. The actual number of cycles will be adjusted based on seasonal environment conditions. Contract payments will be made based on actual work/cycles completed.

2. The following information shall also be included with the bid:

-Number of employees: Full time and part time -Length of time in business -Physical location of business -Company telephone number -A list including contact names and phone numbers of current or past municipal and/or commercial accounts for which the Contractor has provided landscape maintenance services that are similar in service level and size as the City’s park and roadway landscaping.

-Copies of licenses of certified chemical applicators assigned to work under this contract.

3. All bidders shall include with their bid, a complete list of machinery and equipment available in order to determine whether or not the bidder can adequately perform the necessary work. All equipment the bidder anticipates committing to this contract, if awarded, should be included in the listing. Past experience has shown that it is absolutely essential to have adequate back-up equipment in reserve to allow for breakdowns. Insufficient and/or inadequate equipment as determined by the Parks and Recreation Dept. is cause for rejection of a bid.

4. Any questions regarding area boundaries and specifications for this contract should be posted on PlanetBids. The last day for questions in 10/6/2026 at 2pm CST.

Contractor Requirements

1. Contractor and his/her subcontractors must provide City with proof of insurance and a W-9.

2. Contractor shall provide a written schedule outlining dates and days of maintenance and mowing to the City’s representative.

3. Contractor shall assign a qualified supervisor to oversee work performed at the work site and act as the Contractors liaison with the City’s representative. The supervisor shall have at least three (3) years of commercial landscape maintenance experience (municipal experience preferred) and must be able to speak, read, write and understand English.

4. Contractor shall provide sufficient qualified (minimum one (1) year of experience) and trained personnel capable of meeting these terms and specifications.

5. Since Contractor’s employees will be performing work in a public environment, employees shall relate to the public in a courteous and professional manner.

6. The Contractor will adhere to the highest quality standards of the landscape profession.

The specifications and standards shall be met by the Contractor at all times regardless of the Contractor’s employees’ absence or established staffing patterns and levels

7. Contractor must provide the appropriate size and type of maintenance equipment to perform the activities below. All mowers shall be finish mowers. No rough-cut or brush hog type mowers will be allowed.

8. The City reserves the right to approve/disapprove maintenance equipment at the site.

B. MOWING, TRIMMING, AND LITTER REMOVAL

9. Scheduled mowing and maintenance shall be performed Monday through Friday of each work week, unless inclement weather or holidays alter this schedule. All medians and parkways must be mowed once every seven (7) days with each mowing being completed on or before the date mowed the previous week. Mowing schedules must be coordinated and approved in advance with the City’s representative. Any alternate frequency caused by periods of dry or inclement weather shall be approved by the City’s representative. If weather prevents mowing (excessive rain or extremely hot and dry conditions), payment will not be made for that period or the Contractor may be asked to perform other tasks, including but not limited to: mulching, trimming, planting, or plant removal.

10. The mowing of specified medians, parkways and other specified landscape areas shall include the mowing, trimming and stick edging of all landscape and turf within each area to maintain a well manicured appearance. Poles, signposts, and any other obstacles shall be trimmed at the same time mowing is performed. Mowing and trimming of areas adjacent to lakes, creeks ponds and drainage channels shall be mowed or trimmed to the water’s edge. Clippings created from mowing, weed-eating and stick edging shall be blown into the turf areas and not left on the curbs, sidewalks, or streets. Generally, clippings need not be collected and removed from the site after each mowing;

however, excessive clippings resulting from growth rates exceeding the contracted frequency shall be removed from the site after each mowing and properly disposed of.

Clippings must not be blown into the street when mowing.

3. Vegetation growing in pavement joints at the top and bottom of curbs, gravel ground cover areas containing decomposed granite or in cracks or seams along other designated hardscape elements shall be removed manually or trimmed mechanically. If treated chemically, all resulting dead plant material shall be manually or mechanically removed.

Chemical applications shall be made by a certified chemical applicator. A copy of a current applicator’s license shall be provided prior to any applications performed to be kept on file with the City. Herbicide/pesticide application shall be recorded using Texas Dept. of Agriculture form TDA Q527 and copies of each application forwarded to the City on a monthly basis, attached to the invoice. A blank copy of the form is included in this bid package.

4. All turf grasses shall be cut to a height of 2”. Uneven or rough cutting of grass will not be permitted. The Contractor must insure that mower blades are kept sharp at all times.

Mowers will also be adjusted and operated so that the grass is cut at a uniform height. At no time shall it be permissible to raise mowing height unless authorized by the City’s representative. Contractor shall vary the mowing pattern to avoid creating ruts. The contractor shall also coordinate the mowing schedule with the irrigation schedule to avoid ruts or other damage to landscape areas. Mowing of wet, saturated areas during or after rain and resulting in ruts and turf damage will not be permitted. Contractors personnel shall notify the City’s representative of wet areas possibly caused by irrigation leaks or overwatering.

5. All curbs and sidewalks shall be neatly edged after each cutting or as necessary. This trimming shall include crisp edging of all sidewalks and curbs adjacent to turf and bed areas in medians, landscaped beds, along retaining walls and fences. All trimming shall be performed following mowing to ensure complete coverage of all areas.

6. All litter and waste material shall be removed from all maintenance areas by the contractor prior to mowing leaving the area free of chopped paper and debris.

1. AREAS INCLUDED UNDER THIS CONTRACT

A series of maps are provided with this specification that reflects the general location of areas to be maintained under this contract. Copies of these maps shall be retained by the successful bidder and kept on file to be used as reference to identify locations of work to be performed, locate problems, etc. When/If available, final plans containing accurate measurements will be provided to the successful bidder, however, acreages are approximate and should be verified by bidder. Descriptions of the areas included in the plans are to be used as a guideline. The contractor shall be responsible for verifying all areas to be mowed with the City’s representative, prior to submitting a bid.

Bidders shall submit unit prices that reflect the charges for mowing and associated tasks for each location listed below and a grand total for all items.

mailto:ctownley@thecolonytx.gov

Medians and Parkways

Medians and Parkways Included Under This Contract

1. North Colony Blvd. West - Beginning at Lakeway Church continuing east to Curry Dr.

All medians on the north side of the road. 2.21 acres.

2. North Colony Blvd. East - Beginning at Paige Rd. continuing east to the guardrail at the railroad right of way and all street rights of way adjacent to vacant or undeveloped property and medians. Also includes a twelve (12) foot width from back of curb beginning at North Colony Blvd. continuing south along the west side of Powers St. to the first residence property line and at North Colony Blvd and Taylor St. beginning on the east right of way at the south end of the chain link fence continuing north to the alley.

6.02 acres.

3. Lakeshore Blvd./Lake Ridge Alley - Beginning from the east end of Lake Ridge alley, after the residential property, and continuing west until reaching Lakeshore Blvd. From Lakeshore Blvd., continuing south to the guard rail at the south end of the street. Right of way on west side of street between curb and west side of wood posts. Includes trimming around all wood posts and cutting back any tall weeds hanging over from the side of the posts along the street. Continuing east from the intersection of South Colony and Lakeshore Blvd., approximately 450' to the west property line of the Montessori School.

Right of way on south side of street between guardrail at edge of street and wire fence.

Includes trimming around guardrail and wire fence and cutting back any taller weeds hanging over. 0.26 acres.

4. South Colony Blvd. East - Beginning at Main Street (FM 423) continuing east to Bear

Run Road. All rights of way adjacent to undeveloped property and medians. 1.96 acres.

Medians only. 1.35 acres.

5. South Colony Blvd. Extension - Beginning at Memorial Drive continuing south to 121.

0.57 acres.

6. FM 423 beginning at SH 121 Continuing North to city limit of The Colony - Beginning SH 121 to the boundary of The Colony’s north limit to include only Bermuda planted areas in medians, right of ways, and on front and back of constructed sound walls. Rights of way from edge of road to line of utility poles on both sides of the street (except where indicated on aerial photo) and center medians. 11 acres.

7. Memorial Dr. East - Beginning at Blair Oaks Drive continuing northeast to the bridge.

Includes all medians. Includes the north side right of way from Blair Oaks to Worley, and also includes twelve foot (12’) width on right of way (both sides of road) from Navaho to the bridge. 7.28 acres.

8. Memorial Dr. West – Beginning at Standridge Drive continuing east to Blair Oaks Drive.

Includes a twelve foot (12’) width on south side right of way adjacent to undeveloped property east of Market St to FM 423. 1.9 acres.

9. Paige Rd. - Beginning at North Colony Blvd. continuing south to Memorial Dr. all rights of way as indicated on aerial photo and medians. Majority of the medians are made up of landscape beds with only three small turf areas. Remaining turf areas are located on Rights of Ways between Worley Dr. and Memorial. This includes any vegetation growing in the expansion joint between sidewalk and curb along west side of the street between South Colony Blvd and the northern entrance to the Walgreens parking lot. 0.18 acres.

10. Plano Parkway North - Beginning at S.H. 121 continuing south to Tittle Dr. One median. 0.27 acres.

11. Blair Oaks Dr. - Beginning at Memorial Dr. continuing north to south entrance of the Five

Star Complex. Right of way adjacent to undeveloped property on east side of street from curb to backside of berm and area between guardrail and sidewalk beginning at Bristol Oaks Apartment property north to Cougar Alley on west side. 0.69 acres.

12. Morning Star - Beginning on Morning Star at the north edge of the small bridge on the west right of way continuing south to drive way for commercial businesses and area between north and south driveway entrances. 0.53 acres.

13. Standridge Dr. – East and West right of way at office creek. Approximately 60’ on both sides of road. 0.06 acres.

14. Chowning Cir. – Common area at the end of the street located between the Convention and Visitors Bureau and The City Hall Annex. 0.03 acres.

15. Hamilton Ct. – Common area located on the east boundary of Hamilton. 0.046 acres.

16. Cedar Ridge Ct. – Common area located at the dead end. 0.11 acres

Safety and Lane Closure Requirements

1. Mowing and landscape maintenance services conducted in the roadway center medians must be performed in a safe manner. This is for the benefit and safety of the Contractor and the vehicles sharing the road. Whenever maintenance requires additional space, Contractor will be required to perform traffic-diverting lane closures prior to beginning any maintenance or repairs in the center median.

2. All lane closures shall comply with TxDot guidelines.

3. All medians and rights-of-way are located on main arterials that experience definite commute patterns in the morning and afternoon. Lane closures must not interfere with commute-hour traffic patterns.

4. All lane closures shall be called in first to Chase Townley at 972-624-3967, followed by The Colony Police Department at 972-625-1887 with the following information:

a. On which road work is being performed.

b. The direction of travel of the lane closure.

c. Provide cross streets at each end of the lane closure for reference.

d. An estimate of how long the lane will be closed.

e. Will the closed lane be open to emergency vehicles.

5. When work is completed and lane closure is removed, the Contractor shall notify Chase Townley and the Police Dept. that the road has been re-opened to all through traffic.

6. Contractor shall adhere to all state, federal and local requirements related to the safe completion of all work. Contractor safety includes the use of TxDot approved safety vests, signage and other safety related equipment.

7. Contractor shall not park service vehicles in left turn lanes unless done so in a lane closure situation.

Parks

Parks Included In This Contract

1. Friendship Park – located at Keys and Newton St. 1.51 acres.

2. Scout Park – located at Latimer Cr. and Newton St. on N. Colony Blvd. 4.01 acres.

3. Carr/Chapman Park – located at Carr St. and Chapman St. 1.17 acres.

4. Lions Club Park – located between Mayes and Jennings Dr. on Nash Dr.

6.429acres.

5. Slay/Baker Park – located at Slay and Baker Dr. 2.01 acres.

6. Pawsome Playground - located at 4800 E. Lake Highlands. 0.72 acres. Include exterior pass around fence, as indicated in aerial.

7. Ridgepointe Park/Sarasota Alley - 4401 Standridge Drive. 1.51 acres. Include all areas within park boundaries on east side of drainage ditch. One mower's width strip along Sarasota alley shall be mowed with the regular mowing schedule of this park.

Includes trimming around all wood posts and cutting back any tall weeds hanging into the alley.

Bill Allen Memorial Park Includes all areas within park boundaries that are not covered with heavy brush or trees located north of Carroll Drive, East of Northpointe Drive, South of Turner St. and West of railroad track for an approximate of 15.1 acres.

Turf Areas to the east and west of the walkway between the amphitheatre and fishing pond shall be mowed twice per month. A twelve foot (12’) strip adjacent to each side of the walkway and around the entire amphitheatre and the perimeter shall be mowed and trimmed on a weekly basis with the regular mowing schedule.

Areas adjacent to creeks, ponds, and drainage channels shall be mowed or trimmed to the water’s edge wherever possible.

Hawaiian Waters

Includes all islands and medians in parking lot, as well as the top of the drainage channels, as indicated in the aerial. This will also include Worley drive. Beginning at Paige Road continuing east to intersection of Worley Dr. and Memorial Drive. A twelve foot (12’) width along the south right of way. 3.74 acres.

Stewart Creek Park

Beginning at the intersection of Pecan Crossing and North Colony Boulevard, continue along side of the park entrance road (Sparks Rd.) on each side to the intersection of the boat ramp access road, and all other areas within the park boundary that are not covered with heavy brush or trees for an approximately total area of 32.18 acres.

Weather permitting, Stewart Creek Park shall be mowed on Thursdays only;

however, due to special events held at the park and/or holidays, the City’s representative will coordinate with the Contractor to re-schedule mowing and maintenance operations for that week accordingly.

Kids Colony Park

Located at 5151 N. Colony Blvd. south of the PD/Recreation Center/Senior Center parking lot. 5.94 acres.

Mowing and trimming of all areas around and between the playground, splash park, skate park and basketball court as indicated on the aerial photos.

Aquatic Park

Mowing, edging and trimming of all turf in all turf areas west of the pool building and area directly east of building between parking lot, drainage channel and building. Also includes area between fence line and street (N. Colony Blvd) on south side of property. Also includes one mower width pass on the outside of the chain link fence at the west property line. 1.86 acres.

Additional Notes:

- Weather permitting, mowing and trimming of turf shall be performed on Thursday mornings only beginning at 7:00am and completed by 9:00am.

- Any alternate schedule shall be coordinated with and approved by the Aquatic Park Manager.

- Areas directly in contact with pool decks shall be mowed with equipment that has a grass catching attachment.

- Areas containing Tif grass shall be mowed with push type mowers at a height of 2", unless otherwise instructed.

- A key is required for entry, and will be supplied at the beginning of the season, to be returned after the final mow of the season.

Municipal Building Grounds

1. Fire Station #5 - located at 3985 Lebanon Road.

To include mowing and trimming of areas along the perimeter of the facility, driveway south of the station, the right of way, and medians in front of the station.

All as shown in the aerial. 2 acres.

2. Police Department and Recreation Center - located at 5151 N. Colony Blvd.

Mowing, edging, and trimming of all turf areas surrounding the Police Dept and Recreation Center, . Includes mowing and trimming of the enclosed courtyard at the northeast side of the Recreation Center, and area surrounding the perimeter of the entire parking lot adjacent to the Jail. The east side of the police department is gated access and will require a card, to be provided at the beginning of the season and returned after the final mow of the season. Acreage included in Kids Colony Park.

3. Animal Shelter - located at 4720 E. Lake Highlands Dr.

Mowing, edging and trimming of all turf areas surrounding the Animal Shelter and employee parking lot located across the street from the Animal Shelter. 0.43 acres.

4. Augusta Community Center (Stewart Creek Elementary) -located at 4431 Augusta Drive. 6.58 acres

5. The Colony CVB - located at 6900 Main St. 0.10 acres.

6. City Library - located at 6800 Main Street. 0.53 acres.

7. City Hall - located at 6053 Main Street. 0.88 acres

Mowing, edging, and trimming of all turf areas surrounding City Hall. Includes mowing and trimming of the full perimeter of the facility including frontage areas on 423. Area should be mowed, trimmed, and free of debris.

8. Government Center - located at 6301 Main Street. 1.81 acres.

Includes mowing and trimming of the full perimeter of the facility, including secondary building located in the east end of the parking lot and all frontage areas on 423 (as notated on map). Area should be mowed, trimmed, and free of debris. 1.5 acres.

2. GENERAL MAINTENANCE AND CLEAN-UP

1. Clippings and trimmings shall be blown from paved surfaces back onto the adjacent turf areas. Excessive debris, clippings, and trimmings shall be removed from the site.

2. Contract shall include removing all litter and debris in all landscaped areas of the project during weekly maintenance operations.

3. Regular communication with “City Representative” to advise of any problems related to overall maintenance of landscape areas is required.

3. REPAIRS TO EXISTING FACILITIES

1. All portions of existing structures or facilities, including irrigation systems, which are damaged or altered as a result of the performance of work under this specification during the term of the contract, shall be repaired or replaced in kind in an approved manner. All work of this kind shall be performed at the expense of the contractor as directed by the Parks & Recreation Department. Any repairs necessary shall be made immediately after the damage occurs. A comprehensive check of all structures and irrigation systems shall be made approximately thirty (30) days prior to the end of the contract period and any repairs deemed the responsibility of the contractor, shall be made by the contractor prior to the end of the contract. Any repairs not made by the contractor to the satisfaction of the Parks & Recreation Department shall be deducted from the contractor’s final payment in the amount to cover the cost of repairs.

2. Damage to trees, landscaping, irrigation systems, structures and other components as a result of vehicular traffic, vandalism, weather or any other means not related to work performed by the contractor as well as unusually wet areas possibly caused by leaking irrigation systems shall be reported immediately upon discovery to the City’s Representative.

4. INVOICING FOR WORK PERFORMED

1.All invoices shall show the contractor’s full name and billing address, the beginning and ending date of the invoicing period, the project name, the description of worked performed and the PO number. Work will be inspected on a weekly basis, to insure proper invoicing. Invoices shall be delivered monthly to the following email address:

Chase Townley: ctownley@thecolonytx.gov mailto:ctownley@thecolonytx.gov

Location Acres Recreation Center/PD/Kids Colony 5.94

Augusta Community Center 6.58 Lion's Club Park 6.29

Ridgepointe Park/Sarasota Alley 1.51 Scout Park 4.01

Friendship Park 1.51 Carr/Chapman Park 1.17

Slay/Baker Park 2.01 Bill Allen Park 15.10 Aquatic Park 1.28

Stewart Creek Park 32.18 Animal Shelter 0.43

Pawsome Playground Dog Park 0.72

CVB 0.10

Library/Annex 0.53 Government Center 1.81

City Hall 0.88 Hawaiian Waters 3.74

Five Star Veterans Trail 4.53 Chowning Cir. 0.03

Cedar Ridge Ct. 0.11 Hamilton Ct. 0.04 Plano Pkwy. 0.27

Lakeshore Blvd./Lake Ridge Alley 0.26 Standridge Dr. 0.06

Memorial Dr. West 1.90 Memorial Dr. East 7.28

Morning Star 0.53 South Colony Blvd. East 1.35

South Colony Blvd. Extension 0.57 North Colony Blvd. West 2.21 North Colony Blvd. East 6.02

Paige Rd. 0.18 Blair Oaks Dr. 0.69

F.M. 423/Main St. 11.00 Fire Station #5 2.00

124.80

STATE OF TEXAS §

§ AGREEMENT FOR CONTRACTOR SERVICES

COUNTY OF DENTON §

This Agreement for Contractor Services (hereinafter referred to as the “Agreement”) is made by and between the CITY OF THE COLONY, TEXAS, a Texas home-rule municipality (hereinafter referred to as the “City”), and , a Texas (hereinafter referred to as the “Contractor”) (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives.

W I T N E S S E T H:

WHEREAS, the City is a home-rule municipality located within Denton County, Texas, and organized and existing under the laws of the State of Texas; and

WHEREAS, the City desires to engage the services of Contractor as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and

WHEREAS, Contractor desires to render services [brief description of services], as more fully described in Exhibit A of this Agreement, which is attached hereto and is incorporated herein for all purposes (hereinafter referred to as the “Scope of Services”).

NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows:

Section 1. Incorporation of Premises. The above and foregoing recitals are true and correct and are incorporated herein and made a part hereof for all purposes.

Section 2. Term; Termination.

(a) The Term of this Agreement shall commence on the last date of execution hereof (the

“Effective Date) and shall continue until completion of services, unless sooner terminated as provided herein.

(b) Either Party may terminate this Agreement by giving thirty (30) days prior written notice to the other Party. In the event of such termination, the Contractor shall be entitled to compensation for any services completed to the reasonable satisfaction of the City in accordance with this Agreement prior to such termination.

Section 3. Contract Documents. This Agreement consists of the following items:

(a) This Agreement; and

(b) Scope of Services provided by Contractor attached hereto as Exhibit A.

(c) In the event there exists a conflict in interpretation, the documents shall control in the order listed above. These documents shall be referred to collectively as “Contract Documents.”

Section 4. Scope of Services.

(a) The Parties agree that Contractor shall perform the services specifically set forth under

Exhibit A of this Agreement, which is attached hereto and is incorporated herein for all purposes.

Section 5. Schedule of Work.

(a) Contractor agrees to commence services upon a Notice to Proceed from the City and to perform the required services in accordance with a schedule mutually agreed upon by the City and Contractor. Any work performed or expenses incurred by Contractor prior to Contractor's receipt of a Notice to Proceed from the City shall be entirely at Contractor’s own risk.

Section 6. Compensation.

(a) The City shall compensate Contractor for the services performed under this Agreement in an amount set forth in Exhibit A.

(b) The City shall pay Contractor within thirty (30) days of the receipt of a proper invoice provided there are no errors or discrepancies and that all work noted on the invoice has been completed. Any errors, discrepancies or the invoicing of work not completed may result in a delay in payment.

Section 7. Devotion of Time; Personnel; and Equipment.

(a) Contractor shall devote such time as reasonably necessary for the satisfactory performance of the work under this Agreement. Should the City require additional services not included under this Agreement, Contractor shall make reasonable efforts to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by the City, and without decreasing the effectiveness of the performance of services required under this Agreement.

(b) To the extent reasonably necessary for Contractor to perform the services under this

Agreement, Contractor shall be authorized to engage the services of any agents, assistants, persons, or corporations that Contractor may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Contractor.

(c) Contractor shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein.

Section 8. Relationship of Parties/Independent Contractor. It is understood and agreed by and between the Parties that in satisfying the conditions of this Agreement, Contractor is acting independently, and that the City assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of the City. Contractor shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. As such, the City shall not: train Contractor, require Contractor to complete regular oral or written reports, require Contractor devote its full-time services to the City, or dictate Contractor’s sequence of work or location at which Contractor performs its work.

Section 9. Suspension of Work. The City shall have the right to immediately suspend work by Contractor if the City determines in its sole discretion that Contractor has, or will fail to perform, in accordance with this Agreement. In such event, any payments due Contractor shall be suspended until Contractor has taken satisfactory corrective action.

Section 10. Availability of Funds. If monies are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, this Agreement shall be canceled and Contractor may only be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of services delivered under this Agreement or which are otherwise not recoverable. The cost of cancellation may be paid from any appropriations for such purposes.

Section 11. Insurance. Contractor shall provide and maintain for the duration of this Agreement, and for the benefit of the City (naming the City and its officers, agents and employees as additional insureds), insurance coverage in full force and effect as provided herein. Contractor shall provide a signed Certificate of Insurance verifying that Contractor has obtained the required insurance coverage for the City prior to the Effective Date of this Agreement.

(a) Procurement and Evidence of Insurance. Contractor must provide the City with a certificate or copy of its insurance policy(s) evidencing the coverage and coverage provisions identified below no later than ten (10) days prior to the Performance. All insurance companies and coverage must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must have an A.M. Best’s rating A- or greater. All such insurance, with the exception of workers compensation, shall name the City as an additional insured and provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of the insurance. Each policy and renewals or replacements thereof shall provide that it will not be canceled, non-renewed or material change except with thirty (30) days advance written notice to the City. Evidence of such insurance shall be provided to the City by delivering certificate(s) of insurance and policy endorsements.

(b) Coverage and Limits. The insurance required under this paragraph shall provide for the following coverages and limits:

(1) Workers’ compensation and employers’ liability insurance as required by applicable law and the Special Provisions to this Agreement.

(2) Commercial general liability insurance for bodily injury and property damage, including limited contractual liability coverage in not less than the following amounts:

(A) General Aggregate Limit $2,000,000 each occurrence; and

(B) Each Occurrence Limit $1,000,000 each occurrence.

(c) Commercial automobile liability insurance coverage, including non-owned and hired, covering all owned, hired or non-owned vehicles including the loading or unloading thereof with limits not less than $1,000,000.

Section 12. Indemnification.

THE CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR

INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY

ARISING FROM THE SERVICES OF CONTRACTOR PURSUANT TO THIS

AGREEMENT. CONTRACTOR HEREBY WAIVES ALL CLAIMS AGAINST CITY,

ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO

IN THIS SECTION AS "CITY") FOR DAMAGE TO ANY PROPERTY OR INJURY

TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY

CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF

CITY. CONTRACTOR AGREES TO INDEMNIFY AND SAVE HARMLESS CITY

FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS,

SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEYS' FEES AND COSTS

OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH

OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT

CAUSED BY THE CONTRACTOR'S NEGLIGENT PERFORMANCE OF

SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR

OMISSION ON THE PART OF CONTRACTOR, ITS OFFICERS, DIRECTORS,

SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,

SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS

(EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES,

DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO SOLE

NEGLIGENCE OF CITY). IF ANY ACTION OR PROCEEDING SHALL BE

BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH

LIABILITY OR CLAIM, CONTRACTOR, ON NOTICE FROM CITY, SHALL

DEFEND SUCH ACTION OR PROCEEDINGS AT CONTRACTOR'S EXPENSE, BY

OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY.

CONTRACTOR'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE

LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR

REQUIRED TO BE MAINTAINED BY CONTRACTOR UNDER THIS

AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF

THIS AGREEMENT.

SECTION 13. Miscellaneous Provisions. The following miscellaneous provisions are a part of this Agreement:

(a) Amendments. This Agreement constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.

(b) Applicable Law and Venue.