Item 4C MemoM E M O R A N D U M
January 19, 2021
To: Shana Yelverton, City Manager
From: Sharen Jackson, Chief Financial Officer
Timothy Slifka, Purchasing Manager
Subject: Item 4C Approve Contract Renewal for Tree Services with
Shawnee Mission Tree Service, Inc., dba Arbor Masters Tree
Service
Action
Requested: Approve Contract Renewal for Tree Services with Shawnee
Mission Tree Service, Inc., dba Arbor Masters Tree Service.
Background
Information: The purpose of this item is to approve contract renewals for
citywide tree services. This is the first renewal for the contract.
The contract includes the City of Keller and City of North Richland
Hills as participating cities. The City of Southlake is the lead
agency. These contracts included service requirements from each
of the cities. By combining these individual city services together
under one contract, all cities benefit from the expanded
purchasing power. In FY 2020 Southlake spent $176,200 on these
services. With the addition of the services of the cities of Keller
and North Richland Hills the total amount spent by all cities is
pushed to $241,200 per year. This combining of services provides
all three cities with additional purchasing power.
The multi-city contract will provide all tree services for the City of
Southlake, City of Keller and City of North Richland Hills to
include:
Tree Pruning
Roadway Right of Way clearing
Tree removal
Tree and brush debris removal
Stump grinding
Tree and brush fertilization services
Tree and brush pesticide services
Financial
Considerations: Costs for City of Southlake tree services are funded through
budgeted department maintenance accounts. FY 2020
disbursements were $176,200.
Strategic Link: C1 – Achieve the highest standards of safety and security.
C2 – Provide travel convenience within the City and region.
C3 – Provide attractive and unique spaces of enjoyment of
personal interests.
B2 – Collaborate with select partners to implement service
solutions.
Citizen Input/
Board Review: None
Legal Review: Attorney reviewed original proposal documents as to form.
Alternatives: Deny approval and re-bid citywide tree services.
Supporting
Documents: Contract documents.
Staff
Recommendation: Approve contract renewal for this multiple city service.
December 23, 2020
Shawnee Mission Tree Service, Inc., dba Arbor Masters Tree Service
1510 Jelmak Street
Grand Prairie, Texas 75050
Attn: Mr. Sean Simons
Subject: Notification of Contract Renewal for Provide Tree Services for City of Southlake RFP1911B200TS190023
Dear: Mr. Simons:
The City of Southlake is providing notification of contract renewal, pending City Council approval, for “Provide Tree
Services for City of Southlake RFP1911B200TS190023”. This is a multiple vendor awarded contract. Your company’s
portion of this contract is being renewed. This renewal shall become effective 2-18-2021 and after City Council approval
(CC Award date _________) and shall continue in full force based on the terms and conditions of the initial award. Your
company has not requested an increase at this renewal. As such, all pricing, terms, and conditions of the original
document shall remain in effect for this renewal period.
The terms and conditions proposed and accepted in this renewal agreement are as follows:
Line Items Awarded: All Line Items
Payment Terms: Net 30 days (Unless otherwise noted – such as pre- and/or partial payment)
Method of Payment: Shall be made by purchasing card or purchase order.
Delivery Terms: FOB Destination
Delivery Locations: IF STATED IN RFP DOCUMENT
Term of Contract: Shall be effective for twelve months from date of renewal and is eligible for up to three (3)
more one (1) year annual renewals.
City Contact: Tim Slifka 817-748-8312
Send all billing to: City of Southlake
1400 Main Street, Suite 420, Accounts Payable
Southlake, TX 76092 or Email: accountspayable@ci.southlake.tx.us
Other Charges: The City of Southlake is a tax-exempt municipal corporation and is exempt from all federal,
state, and local sales taxes.
All other specifications, terms and conditions shall be as provided in the original procurement documents. No other
attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager
or an authorized representative of the City of Southlake.
Thank you for participating in our procurement process. Please call 817-748-8312 with any questions.
Sincerely,
Tim Slifka
Purchasing Manager CPPO, CPPB
City of Southlake
1400 Main Street, Suite 420
Southlake, Texas 76092
tslifka@ci.southlake.tx.us Attest: ________________________
Fax: 817-748-8010 Amy Shelley, TRMC
City Secretary
Contract Renewal Accepted:
Signed: ____________________ Date: ______________ Approved as to Form and Legality:
Mayor Laura Hill _____________________
City of Southlake City Attorney
SOUTHLAKE ORIGINAL DOCUMENT
CITY OF SOUTHLAKE
I Council ActionON
Ord./Res.No.
January 29, 2020 Date Approved a $
Shawnee Mission Tree Service, Inc., dba Arbor Masters Tree Service
1510 Jelmak Street
Grand Prairie, Texas 75050
Attn: Sean Simons
Subject: Award Notification for Provide Tree Services for City of Southlake RFP1911 B200TS190023
Dear Mr. Simons,
The City of Southlake is pleased to inform you that Shawnee Mission Tree Service, Inc., dba Arbor Masters Tree Service of
Grand Prairie, Texas is one of three (3) vendors being awarded "Provide Tree Services for City of Southlake
RFP1911B200TS190023" The award and this agreement are based on your proposal to the City, copy enclosed. This is a
multiple vendor award cont t. Your company's portion of the award is attached. This award was approved by the City of
Southlake City Council on
The terms and conditions proposed and accepted in this agreement are as follows:
Line Items Awarded All Line Items
Payment Terms: Net 30 days(Unless otherwise noted—such as pre-and/or partial payment)
Estimated Quantities: The City does not guarantee to purchase any minimum or maximum quantity but does contemplate
purchasing the awarded items exclusively during the term of the contract from the multiple successful
vendors.
Method of Payment: Shall be made by City procurement card or purchase order
Delivery Terms: FOB Destination
Delivery Locations:Vendor Delivery or City employee pick-up.
Term of Contract: The term of awarded contract shall remain in effect for twelve months from date of award and is
eligible for up to four(4)one(1)year annual renewals
City Contact: Tim Slifka 817-748-8312
Send all billing to:City of Southlake
1400 Main Street,Suite 420,Accounts Payable
Southlake,TX 76092 or via email to accountspayable(c ci.southlake.tx.us
Other Charges: The City of Southlake is a tax-exempt municipal corporation and is exempt from all federal, state, and
local sales taxes.
All other specifications, terms and conditions shall be as provided in the original procurement documents. No other attachments
to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized
representative of the City of Southlake.
Thank you for participating in our procurement process. Please call 817-748-8312 with any questions.
Sincerely,
1-4. --6e/ -1_). --
Tim Slifka, CPPO, CP
1111U1/
Purchasing Manager N Ii
City of Southlake j,
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1400 Main Street, Suite 420 c, ••• *•"'••. .1,
Southlake,Texas 76092 1``
tslifka a(ci.southlake.tx.us 1 ' AtC6st,
1 °,
u_t /, Amy elley, TRMC
Contract and, and Ac ept d: y ........
F. ,*
City Secretary
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Signed: / ! Date: eP'VO1iltilti•- A ve• •s to Form an lity:
if
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ayor Laura Hill
City of Southlake City Attorne
Arbor M__ asters_ (A21)
Quantity Unit
Price
Total
Item Required Unit ofMeasure $
c.00
Cost
1-1 ITree Pruning Services with a Two(2) Man Crew and Equipment 185.00
1-2 ITree Pruning Services with a Three (3) Man Crew and Equipment 1 Per Hr 235.00 $235.00
I#
1-3 1 Tree Pruning Services with a Four(4) Man Crew and Equipment 1 Per Hr 295.00 $295.00
2-1 ;Tree Pruning Services with a Two (2) Man Crew and Equipment 1 !Per Hr 175.00 $ 175.00
2-2 Tree Pruning Services with a Three (3) Man Crew and Equipment 1 Per Hr 235.00 $235.00
4)
1 Per Hr 185.00 $
285.00
2-3 Tree PruningServices with a FourMan Crew and Equipment 1 Per Hr 285.00
3-1 12 man crew(1)tree climber-(1)ground man 185.00 $
185.00
3-2 3 man crew tree climber-(1) rund man 1 Per Hr 220.00
2) 9
3-3 I4 man crew(2)tree climbers and (2) ground men 1 Per Hr 270.00 $270.00
4-1 ITree Cabling/Bracing, (2) man crew 1 Per Hr 175.00 $ 175.00
4-2 ',Air Spade Services with (2) man crew
165.001PerHr165.00
Additional crew member for Traffic Control, tree pruning or tree
4-3 removal services 1 Per Hr 45.00 $ 45.00
4-4 I Knuckleboom Truck for debris removal with operator 1 Per Hr 185.00 $ 185.00
4-5 Bucket Truck 1 Per Hr 145.00
with Operator
of Diameter 1 Per Each 100.00_i_100.00$
145.00
I I
4-6 StumpGrindingto Include All Stumps Regardless
7I Cost per hour for Certified Arborist to perform or supervise work as
required or requested1
Per Hr
Per Inch
75.00
12.50 $
75.00$
12 50
5-1 Fertilization-Soil Injection/Foliar. Per Inch.
15-3
Fertilization-Soil Injection/Foliar. Per Sq. Ft.
Per
Square Foot $
11.
00 $
1.00
10.005-2
Fertilization-Soil Injection/Foliar. Per Gallon
1 Per 1.00
6-1 Pesticide Application-Soil Injection/ Foliar. Per Inch.1 Per Inch 12.50 $ 12.50
6-21 Pesticide Application-Soil Injection/Foliar. Per Sq. Ft. 1 Per Square Foot $ 1.00
1 $
1.00
travel r
6-3 Pesticide Application-Soil Injection /Foliar. Per Gallon 1 Per Gallon $ 10.00 $ 10.00
All vendor travel charges should be included in hourly rates listed
7-1 above. If they are not please list travel charge per mile. 1 Per Mile
Per Mile After 50
7-2 Per Mile charge to job location after 50 miles from 76092 1 Miles
7-3 I Fuel Surcharge 1 1 Per Each Invoice 1 $ -
I $ -
Arbor Masters
Tree service
RFP 1911B200TS190023
Tree Services for City of
Southiake
www.ArborMasters.com
eArbor Arbor Masters Tree Service
Tree Servie 1510 Jelmak Street
Grand Prairie,TX 75050
Office-469-586-5829
1-07-2020
City of Southlake
Tim Slifka
Purchasing Manager
1400 Main Street, Suite#270
Southlake,Texas 76092
RE: RFP 1911B200TS190023 Provide Tree Services for City of Southlake
Dear Mr.Slifka,
We believe Arbor Masters Tree Service offers you an exceptional combination of
experience, and local resources to meet your objectives and expectations for this project. Our
proposal will explain the experience our firm has, and will show the capacity, strategy,and
execution skills to perform your tree work. Our teams are seasoned veterans,working with
multiple government agencies on tree care projects.
Arbor Masters Tree Service is more than capable to provide enough managers,staff and
equipment to complete this project. We are not just a tree care contractor,we are
professionals and will ensure the work is performed to the required standards to protect the
City's tree assets.
Arbor Masters Tree Service has the references, financial fortitude and management
ability to properly complete the Tree Services for City of Southlake project in a safe,
efficient, cost effective and timely manner.
Sincer y,
Sean Simons
Division Manager
Arbor Masters Tree Service
Cell 817-919-4866
www.ArborMasters.com
469-586-5829
Arbor Masters Arbor Masters Tree Service
Tree Servie 1510 Jelmak Street
Grand Prairie,TX 75050
Office-469-586-5829
Arbor Masters Company Qualifications
Shawnee Mission Tree Service, Inc., DBA/Arbor Masters Tree Service (Arbor Masters)
has been in business over 60 years and has proven our ability to handle municipal contracts for
large and small municipalities. Below is a list of contracts we have performed over recent years
in the Dallas-Ft. Worth Metroplex. Our references will validate our ability to perform this work
with a high degree of customer service while adhering to contractual obligations to the
municipalities.
City of Fort Worth,TX-2009 to Present-In 2009 Arbor Masters won the tree care
contract with the city of Ft.Worth,TX, and has been awarded all available renewals, as well as
winning this contract 2 additional times when renewals were not available. The contract spend
for this is around $700,000 per year, depending on budget adjustments. We dedicate 2 crews
for this contract and augment with additional crews as needed to meet deadlines or large
projects. Arbor Masters has a dedicated ISA Certified Arborist manager that works closely with
all City departments and works with our division manager on any projects that need additional
manpower or equipment.The majority of the work performed is for the Parks department
helping them maintain the cities tree assets, however we do work for Public Works multiple
times a year. We routinely add additional crews for small storm events to mitigate hazardous
limbs and trees. A large portion of this work is done in City parks which requires a high level of
skilled workers.
City of Grapevine,TX-2011 to Present- In 2011 Arbor Masters won the tree care
contract with the city of Grapevine,TX, and have been awarded all available renewals, as well
as winning this contract 1 additional time when renewal was not available.The contract spend
for this is around $350,000 per year, depending on budget adjustments.We dedicate 1 crew for
this contract and augment with additional crews as needed to meet deadlines or large projects.
Majority of this work is performed in city parks, and city rights-of-way. We have worked in
other areas as needed for the city. Arbor Masters has an ISA Certified Arborist manager that
works closely with the City to handle any large projects or special cases and have provided
additional grapple truck and bucket truck crews after storm events to handle the additional
requirements in a timely manner.
City of Dallas,TX-2013 to Present- In 2013 Arbor Masters won the Tree Removal,
Pruning, Planting and Stump Grinding contract with the city of Grapevine,TX, and have been
awarded all available renewals, 2018 is the last year on this contract.The contract spend for
this is around $300,000 per year, depending on work load. We coordinate the work with the
city based on required response times and augment with additional crews as needed to meet
deadlines or large projects. This work is spread through multiple departments from Parks,
Public Works, Police/Fire departments, etc. Arbor Masters has an ISA Certified Arborist
manager that works closely with many departments to handle any large projects or special
www.ArborMasters.com
469-586-5829
Arbor Masters Arbor Masters Tree Service
Tree Servie 1510 Jelmak Street
Grand Prairie,TX 75050
Office-469-586-5829
cases. We have provided additional grapple trucks to augment city owned equipment multiple
times to handle large volumes of debris for the Sanitation Department.
Arlington,TX- In 2013 Arbor Masters won the tree care contract with the city of
Arlington,TX, and have been awarded all available renewals, 2018 is the last year on this
contract.The contract spend for this is around $ 350,000 per year, depending on budget
adjustments.We dedicate 1 crew for this contract and augment with additional crews as
needed
to meet deadlines or large projects. The majority of this work is done in city parks and rights-
of-ways. Arbor Masters has an ISA Certified Arborist manager that works closely with the City
to handle any large projects or special cases. We have provided additional grapple truck and
bucket truck crews after storm events to handle the additional requirements in a timely
manner.
Grand Prairie,TX- In 2016 Arbor Masters won the tree care contract with the city of
Arlington,TX, and have been awarded all available renewals, and was awarded the contract
again in 2018.The contract spend for this is around $ 300,000 per year. We coordinate the
work with the city based on required response times and augment with additional crews as
needed to meet deadlines or large projects.The majority of work done for this project is for the
Parks department. Arbor Masters has an ISA Certified Arborist manager that works closely with
the City to handle any large projects or special cases.
Plano,TX- In 2016 Arbor Masters won the contract with the City of Plano,TX, and have
been awarded all available renewals, 2018 was the last year on this contract.The contract
spend for this is around $ 50,000 per year. We coordinate the work with the city based on
required response times and augment with additional crews as needed to meet deadlines or
large projects.The majority of work done for this project is for the Parks department. Arbor
Masters had an ISA Certified Arborist manager that worked closely with the City to handle any
large projects or special cases.
Arbor Masters has been a TCIA Accredited Company since 2005. Our Grand Prairie
Branch office has been accredited since 2009 and was re-certified in 2018. We have 4 ISA
Certified Arborist in our Grand Prairie office and focus on proper training, education, and self-
development. Our managers and workers have a strong knowledge of safe and proper tree
care and work with our employees to frequently review work and discuss the proper ways to
apply techniques learned. It is this training,follow up and critiquing that allows us to develop
competent field workers to service many municipalities and Commercial Clients.
Sean Simons is our Branch Manager for Grand Prairie office and an ISA Certified
Arborist. He has worked for Arbor Masters 5 Years and manages approximately 25 employees.
He is responsible for Production, Safety and Training of all our TX tree care employees. He
works closely with Arbor Masters field managers and field workers making sure safety and
www.ArborMasters.com
469-586-5829
eMastersArborArbor Masters Tree Service
Tree Service 1510Jelmak Street
Grand Prairie,TX 75050
Office-469-586-5829
proper tree care techniques are used. Sean also works with municipalities as needed to ensure
proper work is being performed in a timely and safe manner.
Gene Gehring is the Arbor Masters plant care specialist. He heads up our plant care
division and works with municipalities on tree issues and large projects. He trains our tree care
crews helping them understand proper methods to reduce the spread of diseases between
trees. Gene is an ISA Master Arborist and well educated in tree disease causes and prevention.
As a TCIA accredited company, Arbor Masters is required to have an industry standard
safety training program that all employees must complete and follow. ANSI Z-133.1 for
Arboricultural Operations is the basis for our training program. Upon hiring a new employee,
they must complete multiple hours of classroom and field safety training before starting
work. New employees with CDL licenses, tree climbers, or equipment operators are evaluated
in those specific fields for competency and retrained as needed. Each week the office has a
safety meeting with all managers and workers. These meetings are tracked by the Arbor
Masters safety manager. At the start of each job the crew leader will conduct a job briefing to
discuss the aspects of the work, identifying potential hazards and how to mitigate these
hazards.
Arbor Masters has resources to successfully perform this project for the city of
Carrollton. We currently have offices in Kansas City, KS, Blue Springs, MO, Wichita, KS,Tulsa,
OK, Oklahoma City, OK, and Grand Prairie, TX. During peak season we employ around 200
hundred employees between these offices. In tree care, our company is recognized as a leader
not only in our area but within the industry. The owner, Ron Keith is a former board member of
the TCIA (Tree Care Industry Association 2003 to 2006) and is an ISA Certified Arborist. In
addition,our management staff holds many key positions within state and local industry
associations. Our corporate infrastructure was designed to handle large projects, with scalable
crews that can be adjusted due to fluctuations in demand with qualified management. Arbor
Masters understands the need for production, safety, and effective communication between
our company and the city of Carrollton. All employees have completed our ANSI Z-133.1 based
safety training program and are CPR certified.
www.ArborMasters.com
469-586-5829
SOUTHLAKE
ig
City of Southlake
REQUEST FOR PROPOSALS
Proposal Reference Number: RFP 1911 B200TS 190023
Project Title: Provide Tree Services for City of Southlake
Proposal Closing Date: 3:00 P.M.(CST), Tuesday January 7, 2020
TABLE OF CONTENTS
Table of Contents Page 1
Request for Proposals
1) Introduction Page 2
2) Definitions Page 3
3)General Information Page 3
4) RFP Withdrawals and/or Amendments Page 3
5) Estimated Quantities Page 3
6) Proposal Submittal Requirements Page 3
7) Proposal Evaluation and Contract Award Page 4
Appendix A—Scope of Services
1) Project Title Page 6
2) Scope of Services Contact Page 6
3) Special Conditions Page 6
4) Proposal Evaluation Factors Page 6
5) Brand Manufacture Reference Page 6
6) Key Events Schedule Page 6
7) Scope of Services Page 6
Appendix B—Proposal
Label Format for Submittal Packet's Sealed Envelope Page 9
I Required Proposal Information
1) Proposed Product Page 10
2)Cost of Proposed Product Page 10
3)Term of Contract and Option to Extend Page 10
4) Proposer's Experience/Staff Page 11
5) References
Page 12
6)Trade Secrets and/or Confidential Information Page 13
7) Federal, State and/or Local Identification Information Page 13
8) Emergency Business Services Contact Notice Page 13
9)Cooperative Governmental Purchasing Notice Page 14
II Contract Terms and Conditions
1) Delivery of Products and/or Services Page 14
2) Miscellaneous
Page 14
3) Financial Responsibility Provisions Page 15
Appendix C—Form CIQ Page 16
Appendix D—No Intent to Submit Form Page 18
Attachment A—Southlake Tree Preservation Ordinance#585E
City of Southlake RFP1911B200TS190023 Page 1 of 18
Southlake, Texas
Request for Proposals
1. Introduction
A. Project Overview: The City of Southlake is requesting Proposals with the intent of awarding a
contract for the purchase of goods and services contained in Appendix A—Scope of Services.
B. Questions: Following are contacts for questions as identified.
i. RFP Clarifications: All questions related to requirements or processes of this RFP should
be submitted in writing to the Purchasing Manager identified in section 2 below.
ii. Scope of Service Questions: All questions related to the scope of services should be
submitted in writing to the contact person(s)noted in Appendix A—Scope of Services.
iii. Replies: Responses to inquiries which directly affect an interpretation or effect a change to
this RFP will be issued in writing by addendum posted to City website. All such addenda
issued by City prior to the submittal deadline shall be considered part of the RFP. The City
shall not be bound by any reply to an inquiry unless such reply is made by such formal
written addendum.
iv. Acknowledgement of Addenda: The Proposer must acknowledge all addenda by signing
and returning such document(s)or by initialing appropriate area of the Proposal.
C. Notification of Errors or Omissions: Proposers shall promptly notify the City of any omissions,
ambiguity, inconsistency or error that they may discover upon examination of this RFP. The City
shall not be responsible or liable for any errors and/or misrepresentation that result from the
solicitations which are inadvertently incomplete, ambiguous, inconsistent or obviously erroneous.
D. Conflict of Interest Questionnaire (Form CIQ): A person or business, and their agents, who seek to
contract or enter into an agreement with the City, are required by Texas Local Government Code,
Chapter 176, to file a conflict of interest questionnaire (FORM CIQ) which is found in Appendix
C. The form must be filed with the City Secretary no later than seven (7) days after the date the
person or business begins contract discussions or negotiations with the City, or submits an
application, response to a request for proposals or bids, correspondence, or other writing related to
any potential agreement with the City.
E. Form 1295 Certificate of Interested Parties: In 2015, the Texas Legislature adopted House Bill
1295, which added section 2252.908 of the Government Code. The law states that a governmental
entity or state agency may not enter into certain contracts with a business entity unless the business
entity submits a disclosure of interested parties to the governmental entity or state agency at the
time the business entity submits the signed contract to the governmental entity or state agency. The
law applies only to a contract of a governmental entity or state agency that either (1) requires an
action or vote by the governing body of the entity or agency before the contract may be signed or
2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into
on or after January 1, 2016. Please go to the Texas Ethics Commission webpage
www.ethics.state.tx.us) for full instructions and to complete the required steps for creation of
Form 1295. Once the form is completed online, printed and signed please return the form with
your proposal submission.
City of Southlake RFP1911B200TS190023 Page 2 of 18
2. Definitions
Proposal: The signed and executed submittal of the entirety of Appendix B—Proposal.
Proposer: The Proposer and the Proposer's designated contact signing the first page of the Proposal.
City of Southlake ("City"): The City of Southlake, Texas.
City Secretary's Office: The office of the City Secretary of the City, located at 1400 Main Street, Suite
270, Southlake, Texas 76092. PH: (817)748-8016; Fax: (817) 748-8270.
Project: The name of this Request for Proposals as identified on the cover sheet and first page of
Appendix A—Scope of Services.
Purchasing Manager: The City of Southlake Purchasing Manager is Timothy Slifka CPPO, CPPB,
Phone: (817)748-8312, E-Mail: tslifka( ci.southlake.tx.us; Fax(817) 748-8010.
Request for Proposals(RFP): The entirety of this document, including all Appendices and Addenda.
Scope of Services: The entirety of Appendix A—Scope of Services.
3. General Information
A. Tax Exempt Status: City purchases are exempt from State Sales Tax and Federal Excise Tax. Do
not include tax in the Proposal. City will furnish Excise Tax Exemption Certificate upon request.
B. Public Inspection of Proposals: The City strictly adheres to the Texas Public Information Act
Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations,
and laws regarding the disclosure of RFP information. Proposals are not available for public
inspection until after the contract award. If the Proposer has notified the City, in writing, that the
Proposal contains trade secrets or confidential information, the City will generally take reasonable
steps to prevent disclosure of such information, in accordance with the Public Information Act.
This is a statement of general policy only, and in no event shall the City be liable for disclosure of
such information by the City in response to a request, regardless of the City's failure to take any
such reasonable steps, even if the City is negligent in failing to do so.
4. RFP Withdrawals and/or Amendments
A. RFP Withdrawal: The City reserves the right to withdraw this RFP for any reason.
B. RFP Amendments: The City reserves the right to amend any aspect of this RFP by formal written
Addendum prior to the Proposal submittal deadline and will endeavor to notify all potential
Proposers that have registered with the City, but failure to notify shall impose no obligation or
liability on the City.
5. Estimated Quantities
The City does not guarantee to purchase any minimum or maximum quantity but does contemplate
purchasing exclusively during the term of the contract from the successful vendor.
6. Proposal Submittal Requirements
A. Submittal Packet — Required Content: All proposals must be submitted electronically. The
Proposer must visit https://southlake.bonfirehub.com/login and register. Once registered for this
City of Southlake RFP1911B200TS190023 Page 3 of 18
complimentary service, the Proposer may submit Proposal Documents electronically by selecting
the appropriate Proposal Identification.
B. Submittal Deadline: The deadline for submittal of Proposals shall be as identified on page 9
nine) of Appendix B-Proposal. It is the Proposer's responsibility to have the Proposal Documents
correctly electronically submitted by the submittal deadline. No extensions will be granted and no
late submissions will be accepted.
C. Proposals Received Late: Proposers are encouraged to submit their proposals as soon as possible.
The time and date of receipt as recorded within the Bonfire electronic system shall be the official
time of receipt. The City is not responsible for late submission regardless of the reason. Late
Proposals will not be considered under any circumstances.
D. Alterations or Withdrawals of Proposal Document: Any submitted Proposal may be withdrawn or
a revised proposal substituted prior to the submittal deadline. Proposal Documents cannot be
altered, amended or withdrawn by the Proposer after the submittal deadline, unless such alteration,
amendment or withdrawal notice is approved in writing by the Purchasing Manager.
E. Proposal Document Format: All Proposal Documents must be prepared in single-space type, on
standard 8-1/2" x 11" vertically oriented pages, numbered at the bottom. The City only accepts
electronic submissions via https://southlake.bonfirehub.com/login. Any other format (via
telephone,fax, email,etc.) may be rejected by the City at its discretion.
F. Validity Period: Once the submittal deadline has passed, any Proposal Document shall constitute
an irrevocable bid to provide the commodities and/or services set forth in the Scope of Services at
the price(s) shown in the Proposal Document. Such proposal shall be irrevocable until the earlier of
the expiration of ninety (90) days from the submittal deadline, or until a contract has been awarded
by the City.
7. Proposal Evaluation and Contract Award
A. Proposal Evaluation and Contract Award Process: An award of a contract to provide the goods or
services specified herein will be made using competitive sealed proposals, in accordance with
Chapter 252 of the Texas Local Government Code and with the City's purchasing policy. The
City will evaluate all proposals to determine which proposers are reasonably qualified for the
award of the contract, applying the anticipated evaluation factors and emphasis to be placed on
each factor as identified in the Scope of Services. The City may, at its option, conduct discussions
with or accept proposal revisions from any reasonably qualified proposer. The City reserves the
right to determine which proposal will be most advantageous to the City.
B. Completeness: If the Proposal is incomplete or otherwise fails to conform to the requirements of
the RFP, City alone will determine whether the variance is so significant as to render the Proposal
non-responsive, or whether the variance may be cured by the Proposer or waived by the City, such
that the Proposal may be considered for award.
C. Ambiguity: Any ambiguity in the Proposal as a result of omission, error, lack of clarity or non-
compliance by the Proposer with specifications, instructions and all conditions shall be construed
in the favor of the City. In the event of a conflict between these standard RFP requirements and
details provided in Appendix A — Scope of Services or Appendix B — Proposal, the Appendices
shall prevail.
D. Unit Prices and Extensions: If unit prices and their extensions do not coincide, the City may
accept the price most beneficial to the City, and the Proposer will be bound thereby.
City of Southlake RFP1911B200TS190023 Page 4 of 18
E. Additional Information: City may request any other information necessary to determine Proposer's
ability to meet the minimum standards required by this RFP.
F. Partial Contract Award: City reserves the right to award one contract for some or all the
requirements proposed or award multiple contracts for various portions of the requirements to
different Proposers based on the unit prices proposed in response to this request, or to reject any
and all Proposals and re-solicit for Proposals, as deemed to be in the best interest of City.
G. Terminate for Cause: The occurrence of any one or more of the following events will justify
termination of the contract by the City of Southlake for cause:
i) The successful proposer fails to perform in accordance with the provisions of these
specifications; or
ii) The successful proposer violates any of the provisions of these specifications; or
iii) The successful proposer disregards laws or regulations of any public body having
jurisdiction; or
iv) The successful proposer transfers, assigns, or conveys any or all of its obligations or duties
under the contract to another without written consent of the City.
v) If one or more of the events identified in Subparagraphs G i) through iv) occurs, the City
of Southlake may, terminate the contract by giving the successful proposer seven (7) days
written notice. In such case, the successful proposer shall only be entitled to receive
payment for goods and services provided before the effective date of termination. The
successful proposer shall not receive any payment on account of loss of anticipated profits
or revenue or other economic loss resulting from such termination.
vi) When the contract has been so terminated by the City of Southlake, such termination shall
not affect any rights or remedies of the City then existing or which may thereafter accrue.
H. Terminate for Convenience: This contract may be cancelled or terminated at any time by giving
vendor thirty (30) days written notice. Vendor may be entitled to payment for services actually
performed;to the extent said services are satisfactory.
City of Southlake RFP1911B200TS190023 Page 5 of 18
Appendix A — Scope of Services
1. Project Title: Provide Tree Services for City of Southlake
2. Scope of Services Contact
Questions about the technical nature of the Scope of Services, etc. may be directed to TIM SLIFKA,
Phone. 817.748.8312, e-mail: tslifka@ci.southlake.tx.us.
3. Special Conditions
The following special conditions shall prevail over areas of conflict in previous pages:
The City of Southlake(Lead Agency) has interlocal agreements with the City of Keller and the
City of North Richland Hills and they have expressed an interest in being participating entities
in this bid. Vendor MUST check yes in the Cooperative Governmental Purchasing Notice on
page fifteen (15) to be considered for award of this bid. Failure to check yes may result in bid
rejection.
4. Proposal Evaluation Factors
Emphasis Factor
40% Vendor Ability to Provide Required Services
35% Vendor Experience Providing Required Services
20% Vendor Overall Price for Services
5% Vendor Past Experience with City(s)
5. Brand Manufacture Reference
The City has determined that any manufacturer's brand defined in the Scope of Services meets the
City's product and support need. The manufacturer's reference is not intended to be restrictive and is
only descriptive of the type and quality the City desires to purchase. Quotes for similar manufactured
products of like quality will be considered if the Proposal is fully noted with the manufacturer's brand
name and model. The City reserves the right to determine products and support of equal value, and
whether other brands or models meet the City's product and support needs.
6. Key Events Schedule
Proposal Release Date December 6, 2019
Deadline for Submittal of Written Questions December 18, 2019
Sealed Proposals Due to and Opened by City Shown on First Page of this RFP
Anticipated Committee Evaluation Review Date January 2020
Anticipated City Council Approval February 2020
7. Scope of Services
The City of Southlake is seeking a vendor(s) for Arboricultural services to provide tree pruning, tree
removal, tree and brush debris removal, stump grinding, roadway right of way clearing, and tree
fertilization and pesticide applications for City of Southlake properties. The City of Southlake is
issuing this bid as the Lead Agency, in cooperation with the City of Keller and the City of North
Richland Hills, whose requirements are incorporated herein. By mutual consent,the successful vendor
and the other participating entities may formally establish separate contracts that reference the terms
City of Southlake RFP1911B200TS190023 Page 6 of 18
and conditions, and resultant contract. Purchasing limits and authorities may be modified by the
participating entities to conform to their own policies,regulations and guidelines.
Vendor MUST check yes in the Cooperative Governmental Purchasing Notice on page fourteen
14) to be considered for award of this bid. Failure to check yes may result in bid rejection. It is
estimated the three participating cities will spend approximately $345,000 annually on these
services and products. The City does not guarantee an estimate of annual services rendered. No
minimum job may be required by the vendor.
While vendor is performing any and all tree related services for the City of Southlake they shall
comply with the most current version of the City of Southlake Tree Preservation Ordinance # 585E or
current version, and the following conditions shall be met and shall be in compliance with all
applicable American National Standard Institute, ANSI A300 Pruning standards, and ANSI Z133.1
Safety standards or revisions.
This contract may be awarded to multiple vendors. The City prefers vendors which have under their
employ at all times at least one employee who holds an International Society of Arboriculture (ISA)
certification and shall ensure that certification is maintained throughout the contract period. Work shall
be performed or supervised by an ISA Certified Arborist, when required or requested by City.
Certification documentation shall be submitted with proposal. This contract may also be awarded to
multiple vendors which are not required to employ a certified arborist. The participating cities each
have different requirements for their tree services which may or may not require a company which
maintains an arborist on staff. The schedule of pricing will reflect this requirement.
Tree trimming shall be done is such a manner as to protect current tree health with all possible regard
for future growth and development with particular attention to the following:
No damage shall be done to the cambium layer of tree trunks or parent limbs
Loosening or stripping of bark is not acceptable
Leaving branch stubs is not acceptable
Climbing spikes or irons shall not be used on any tree unless the City has determined the tree must
be removed
Any exceptions must be mutually agreed upon by both parties prior to commencement of each
project
Vendor shall supply and shall be responsible for all required personnel, materials, equipment, traffic
control devices, flaggers, signage, safety equipment, debris clean up and haul off connected with these
services. All vendor travel time should be included in submitted bid pricing. Any deviation to this must
be listed in the Schedule of Pricing.
A. Tree Pruning Services: These services shall include an assortment of practices for hazard
reduction and maintenance which shall include, but not be limited too, crown cleaning, crown
thinning,crown raising, crown reduction or shaping, visibility pruning and crown restoration.
B. Roadway Right of Way Clearing_ These services shall include pruning limbs and other woody
vegetation to a minimum distance of five (5) linear feet from edge of roadway pavements and
to a minimum height of fourteen (14) vertical feet above roadway surface unless otherwise
directed by authorized City of Southlake personnel.
C. Tree Removal Services: These services shall include removal of predetermined trees of
varying diameters in City of Southlake Right of Way, Parks and other City owned and
City of Southlake RFP1911B200TS190023 Page 7 of 18
maintained properties with tree stumps to be left at surrounding ground levels unless otherwise
directed by authorized City of Southlake personnel.
D. Stump Grindingj Per section 12.3 of the City of Southlake Tree Preservation Ordinance 585E
all stumps of street and park trees shall be removed below the surface of the ground. These
services shall include tree stump grinding regardless of diameter to a minimum of six (6)
inches below surrounding ground levels unless otherwise directed by authorized City of
Southlake personnel. This shall include any exposed root flare per direction of authorized City
of Southlake personnel.
E. Fertilization Application Services: Vendor shall provide fertilization programs when requested
by the City and all distribution of chemicals shall be within strict accordance with federal,
state,county and local laws and regulations.
F. Pesticide Application Services: Vendor shall provide pest control when requested by the City
to control pests and diseases as needed. Vendor shall provide a schedule of applications to the
City. The vendor providing any pesticide application shall hold a Texas Department of
Agriculture (TDA) License and all pesticide applications shall comply with all TDA and other
jurisdictional regulations. The Vendor shall be responsible for the selection and proper
application of insecticides, fungicides, and herbicides. Any property damage resulting from the
use of such pesticides shall be the responsibility of the Vendor.
G. Vendor Response Time: Vendor shall respond, and tree services shall commence within forty-
eight (48) hours for emergency tree services after initial notification by City of Southlake
personnel. Vendor shall respond and tree services shall commence within seventy-two (72)
hours for non-emergency tree services after initial notification by City of Southlake personnel.
H. Interlocal Agreement: By mutual consent, the successful vendor and the other participating
entities may formally establish separate contracts that reference the terms and conditions, and
resultant contract. Purchasing limits and authorities may be modified by the participating
entities to conform to their own policies,regulations and guidelines.
Under no circumstances would the City of Southlake be involved in the resultant contract
between the vendor and the other entities represented herein, other than the City of Southlake
cooperative contract being referenced by the other resultant contracts. Each participating entity
is responsible for administering their respective contracts, invoices, payments and other
correspondence.
I. Vendors Equipment: Vendor must submit with their proposal a list of all vehicles and
equipment the vendor shall utilize while providing these services per the Scope of
Services. All vendors' vehicles and equipment shall be marked clearly identifying vendor,
maintained in a good working condition, suitable for their intended purpose and operated by
fully qualified and licensed personnel as required.
J. All vendor employees while working on City property shall wear uniforms to serve as a means
of identifying the vendor's employees. All work crews must contain at least one member of the
crew which must understand and speak the English language to be able to communicate with
City staff.
K. Work Scheduling and Hours: Standard work hours shall be Monday through Friday from
7:00AM to 5:00 PM. Any other time period, including weekends, must be authorized by the
City. Except for emergency situations, no machinery, including chain saws and chippers, is to
be used between the hours of 7:00 PM to 7:00 AM.
City of Southlake RFP1911B200TS190023 Page 8 of 18
Appendix B — Proposal
Submittal Checklist: (To determine validity of proposal)
Appendix B(pages_9_through_17_)must be included in the proposal submittal
Appendix C Conflict of Interest Form(page_17J must be included in the proposal submittal.
Form 1295 Certificate of Interested Party must be included in the proposal submittal.See Page 2.
FIB 89 and SB 252 Acknowledgement.See Page_15_.
All proposals submitted to the City of Southlake shall include this page with the submitted Proposal.
RFP Number: RFP1911B200TS190023
Project Title: Provide Tree Services for City of Southlake
Submittal
3:00 P.M. (CST), Tuesday January 7, 2020
Deadline:
Submit Electronically* to: https://southlake.bonfirehub.com/login
Requires email account login and password.
Proposer Information:
Proposer's Legal Name: Shawnee Mission Tree Service,Inc. DBA/Arbor Masters Tree Service
Address: 1510 Jelmak Street
City,State&Zip
Grand Prairie,TX 75050
Federal Employers 48-0833928
Identification Number#
Phone Number: 469-586-5829 FaxN
469-586-5780
E-Mail Address: SSimons(8,arbormasters.com
Proposer Authorization
1,the undersigned,have the authority to execute this Proposal in its entirety as submitted and enter into a contract
on behalf of the Proposer.
Printed Name and Position of Authorized Represen% Sean Simons
gnaSiture of Authorized Representative:
Signedthis (-
6 (
day)of TGlitk.d `y month), ZgZ5 (year)
I learned of this Request for Proposals by the following means:
Newspaper Advertisement City E-mail Notification
Southlake Website Cold Call to City
Mailed Me a Copy Other
EBonfire
City of Southlake RFP1911B200TS190023 Page 9 of 18
Appendix B—Proposal(continued)
REQUIRED PROPOSAL INFORMATION. IN ORDER FOR A PROPOSAL TO BE
CONSIDERED COMPLETE,AND TO BE EVALUATED FOR A CONTRACT AWARD BY THE
CITY,PROPOSER MUST SUBMIT ALL OF THE FOLLOWING INFORMATION:
1. Proposed Products and/or Services
A. Product or Service Description: Proposers should utilize this section to describe the technical
aspects, capabilities, features and options of the product and/or service proposed in accordance
with the required Scope of Services as identified in Appendix A. Promotional literature,
brochures,or other technical information may be used.
B. Additional Hardware Descriptions: Proposers should also include in this section a detailed
description of what additional hardware and/or software, if any, would be required by the City in
order to fully utilize the goods and/or services proposed.
C. Guarantees and Warranties: Each Proposer shall submit a complete copy of any warranties or
guarantees provided by the manufacturer or Proposer with the Proposal submitted.
D. Project Schedule/Delivery Date: Proposer must provide a project schedule noting all projected
completion dates for segments of the Project,from start-up to completion, and all delivery dates for
goods covered by the RFP. The Proposal must show the number of days required to deliver and
install the product or equipment after the receipt of the City's Purchase Order.
2. Cost of Proposed Products and/or Services
A. Pricing: Pricing shall reflect the full Scope of Services defined herein, inclusive of all associated
cost for delivery, labor, insurance,taxes, overhead, and profit.
B. Schedule of Pricing: Proposer shall quote unit pricing in accordance with the itemized listing of
products or contract segments stated in the Scope of Services and using the following format:
For this procurement the schedule of pricing is not available in hardcopy. You may access it via
the online portal (www.southlake.bonfirehub.com). To submit your schedule of pricing, please
download the Bid Table and fill it in accordingly per the sample below.
For instructions on how to complete Bid Tables, please refer to this article on Bonfire's Support
Website. Please note: even if you do not have additional responses, you must download and re-
upload the blank document. This is to confirm that you do not require any additional costs. If you
have any additional items, please fill out the Additional Responses template accordingly.
3. Term of Contract and Option to Extend
Any contract resulting from this RFP shall be effective for twelve months from date of award. The
City anticipates that contract shall be renewed pursuant to the availability of funds and at the discretion
of the City. The following clauses shall be included in the contract:
City of Southlake RFP1911B200TS190023 Page l0 of 18
A. Option Clause: It is agreed that City will have the option to extend the contract for up to four(4)
additional years, in one-year intervals. To exercise this option, the City shall serve notice 30 days
prior to contract termination or to the end of any one-year extension. The Option to Extend will not
be considered if funding is unavailable or if the contractor's past performance is not within the
industry standard.
B. Escalation Clause: Should market conditions prevail which dictate an increase, the successful
contractor may submit documentation requesting permission to increase pricing no later than 30
days after receiving notice from the City of its intent to extend the agreement. Escalation may only
occur at the time of renewal and only upon securing the approval of the City in writing. Requests
for price adjustments must be solely for the purpose of accommodating an increase in the
contractor's cost,not profits.
Vendors shall show in this quote their anticipated percent of escalation if/when the option to
extend is exercised. The percent quoted will be a maximum. In addition, the percentage proposed
will be a factor in determining the best value to the City. It is the average price over the period of
the contract that will be the price factor considered in the evaluation of this quote. Quotes in which
negative or no escalation is shown will be considered as 0%escalation.
C. Price Increases Upon Extension: If approved by the City, the Contractor shall modify the rates
charged by the Contractor to reflect any changes shown in the comparative statement delivered to
the City. The maximum increase allowed under this provision shall be four percent(4%) per year.
The City shall have authority, in its reasonable discretion, to determine the validity of any change
in Contractor's rates. City cannot exercise the Option to Extend with any price increases unless the
Vendor completes the section of the Quote requesting anticipated percentage of annual escalation.
First Additional Year Escalation Percentage
0
0
Second Additional Year Escalation Percentage 0/0
0
Third Additional Year Escalation Percentage
0
Fourth Additional Year Escalation Percentage
4. Proposer's Experience/Staff
A. Project Team: Identify all members of the Proposer's team (including both team members and
management) who will be providing any services proposed and include information which details
their experience.
B. Removal or Replacement of Staff: If an assigned staff person must be removed or replaced for any
reason,the replacement person must be approved by City prior to joining the project.
C. Business Establishment: State the number of years the Proposer's business has been established
and operating. If Proposer's business has changed names or if the principals operating the business
operate any similar businesses under different names, or have operated any other businesses or
changed the legal status or form of the business within the last five (5) years, all names, of
predecessor business names, affiliated entities, and previous business entities operated by the
principals, if different than present, must be provided;
State the number of years' experience the business has: 60+ ; and the number of employees:
200
D. Project Related Experience: All Proposals must include detailed information that details the
Proposer's experience and expertise in providing the requested services that demonstrates the
Proposer's ability to logically plan and complete the requested project.
City of Southlake RFP1911B200TS190023 Page 1 I of 18
5. References
Proposer shall provide four (4) references where Proposer has performed similar to or the same types
of services as described herein.
Reference#1:
Client/Company Name: City of Grapevine
Contact Name: Contact Title:
Mike Hooker Parks Manager
Phone: Parks Manager Email: MHooker@grapevinetexas.gov
Date and Scope of Work Provided:
Contract includes tree trimming and removal throughout the city including emergency tree work.
Arbor Masters has been performing this contract since 2008.
Reference#2:
Client/Company Name: City of Arlington
Contact Name: Contact Title:
Wendy Pappas City Forester
Phone: 817-575-8311 Email: Wendy.Pappas@arlingtontx.com
Date and Scope of Work Provided:
Contract includes tree trimming and removal throughout the city including emergency tree work.
Arbor Masters has been performing this contract since 2014.
Reference#3:
Client/Company Name:City of Ft. Worth
Contact Name: Contact Title:
Melanie Migura City Forester
Phone: 817-944-8367 Email: Melanie.Migura@fortworthtx.gov
Date and Scope of Work Provided:
Contract includes tree trimming and removal throughout the city including emergency tree work.
Reference#4:
Client/Company Name:
The City of Dallas
Contact Name: Contact Title:
Karen Woodard City Forester
Phone: 214-952-3089 Email: Karen.Woodard@dallascityhall.com
Date and Scope of Work Provided:
Contract includes tree trimming and removal throughout the city including emergency
tree work. Arbor Masters has been performing this contract since 2013.
City of Southlake RFP1911B200TS190023 Page 12 of 18
6. Trade Secrets and/or Confidential Information
Trade Secrets and/or Confidential Information: This proposal (does) X (does not) contain trade
secrets and/or confidential information. If applicable, describe such trade secrets and confidential
information, and the basis for your assertion that such material qualifies for legal protection from
disclosure.
7. Federal, State and/or Local Identification Information
A. Centralized Master Bidders List registration number:
B. Prime contractor HUB/ MWBE registration number:
C. An individual Proposer acting as a sole proprietor must also enter the Proposer's Social Security
Number: #
8. Emergency Business Services Contact Notice
During a natural disaster, or homeland security event, there may be a need for the City of Southlake to
access your business for products or services after normal business hours and/or holidays. The City
may request City employee pick up or vendor delivery of product or services.
For this purpose, a primary and secondary emergency contact name and phone number are required. It
is critical the vendor's emergency contact information remains current. City shall be contacted by E-
mail with any change to a contact name or phone number of these emergency contacts. Updates may be
emailed to vendors@ci.southlake.tx.us.
All products or services requested during an emergency event are to be supplied as per the established
contract prices, terms and conditions. The vendor shall provide the fee (pricing) for an after-hours
emergency opening of the business, if any. In general, orders will be placed using a City of Southlake
procurement card (Master Card) or City issued Purchase Order. The billing is to include the
emergency opening fee, if applicable.
The contractor shall provide the names, phone numbers and fee (pricing), if any, for an after-hours
emergency opening of the business listed below.
Business Name: Shawnee Mission Tree Service, Inc. DBA/Arbor Masters Tree Service
Contract#:
RFP1911B200TS190023
Description: Provide Tree Services for City of Southlake
Primary Contact(Name): Sean Simons
Primary Contact Phone Numbers: Home: N/A Cell: 817-919-4866
Secondary Contact(Name): Nate Day
Secondary Contact Phone Numbers: Home: N/A Cell: 214-454-6393
After Hours emergency opening fee, if applicable: $ Additional $250.00 for after hour emergency work per
crew
City of Southlake RFP1911B200TS190023 Page 13 of 18
9. Cooperative Governmental Purchasing Notice
Other governmental entities maintaining interlocal agreements with the City, may desire, but are not
obligated, to purchase goods and services defined in this RFP from the successful Bidder. All
purchases by governmental entities, other than the City, will be billed directly to and paid by that
governmental entity. The City will not be responsible for another governmental entity's debts. Each
governmental entity will place their own orders with the successful Bidder and be responsible for
ensuring full compliance with the RFP specifications. Prior to other governmental entities placing
orders,the City will notify the successful Bidder of their intent.
Please indicate below if you will permit other governmental entities to purchase from your agreement
with the City.
N Yes, Others can purchase No, Only the City can purchase
II. CONTRACT TERMS AND CONDITIONS. EXCEPT WHERE PROPOSER MAKES SPECIFIC
EXCEPTION IN THE SUBMITTED PROPOSAL, ANY CONTRACT RESULTING FROM THIS
RFP WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH PROPOSER
HEREBY ACKNOWLEDGES, AND TO WHICH PROPOSER AGREES BY SUBMITTING A
PROPOSAL:
1. Delivery of Products and/or Services
A. Payment Terms: Unless otherwise specified in the Scope of Services or otherwise agreed to in
writing by the City, payment terms for the City are Net 30 days upon receipt of invoice.
B. Warranty of Products and Services: All products furnished under this contract shall be warranted to
be merchantable and good quality and fit for the purposes intended as described in this Proposal,to
the satisfaction of City and in accordance with the specifications, terms, and conditions of the
Scope of Services, and all services performed shall be warranted to be of a good and workmanlike
quality, in addition to, and not in lieu of, any other express written warranties provided.
C. Late Delivery or Performance: If Proposer fails to deliver acceptable goods or services within the
timeframes established in the Project Schedule, the City shall be authorized to purchase the goods
or services from another source and assess any increase in costs to the defaulting Proposer, who
agrees to pay such costs within ten days of invoice.
D. Title to Goods and Risk of Loss: For goods to be provided by Proposers hereunder, if any,the title
and risk of loss of the goods shall not pass to City until City actually receives, takes possession,
and accepts the goods and the installation of such goods, has tested the system, and determined that
it is in good and acceptable working order.
2. Miscellaneous
A. Independent Contractor: Proposer agrees that Proposer and Proposer's employees and agents have
no employer-employee relationship with City. Proposer agrees that if Proposer is selected and
awarded a contract, City shall not be responsible for the Federal Insurance Contribution Act
FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers
Compensation Insurance payments, or any other insurance payments, nor will City furnish any
medical or retirement benefits or any paid vacation or sick leave.
B. Assignments: The rights and duties awarded the successful Proposer shall not be assigned to
another without the written consent of the Purchasing Manager. Such consent shall not relieve the
assigner of liability in the event of default by the assignee.
C. Liens: Proposer shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, goods, and services which may be provided to the City by Proposer or
City of Southlake RFP1911B200TS190023 Page 14 of 18
Proposer's vendor(s), and if the City requests, a proper release of all liens or satisfactory evidence
of freedom from liens shall be delivered to the City.
D. Gratuities / Bribes: Proposer certifies that no bribes in the form of entertainment, gifts, or
otherwise, were offered or given by the successful Proposer, or its agent or representative, to any
City officer, employee or elected representative, with respect to this RFP or any contract with the
City, and that if any such bribe is found to have been made this shall be grounds for voiding of the
contract.
E. Financial Participation: Proposer certifies that it has not received compensation from the City to
participate in preparing the specifications or RFP on which the Proposal is based and
acknowledges that this contract may be terminated and/or payment withheld if this certification is
inaccurate.
F. Required Licenses: Proposer certifies that he holds all licenses required by the State of Texas for a
provider of the goods and/or services described by the Scope of Services herein.
G. Authority to Submit Proposal and Enter Contract: The person signing on behalf of Proposer
certifies that the signer has authority to submit the Proposal on behalf of the Proposer and to bind
the Proposer to any resulting contract.
H. Compliance with Applicable Law: Proposer agrees that the contract will be subject to, and
Proposer will strictly comply with, all applicable federal, state, and local laws, ordinances, rules,
and regulations.
I. Compliance with HB 89: Proposer agrees per HB 89 vendor shall not boycott Israel at any time
while providing products or services to the City of Southlake.
N Yes, we agree I No, we do not agree I N/A
J. Compliance with SB 252: Proposer agrees per SB 252 vendor shall not do business with Iran,
Sudan or a foreign terrorist organization while providing products or services to the City of
Southlake.
X] Yes, we agree I No, we do not agree
3. Financial Responsibility Provisions
A. Insurance: The Proposer, consistent with its status as an independent contractor, shall carry, and shall
require any of its subcontractors to carry, at least the following insurance in such form, with such
companies,and in such amounts(unless otherwise specified)as City may require:
i. Worker's Compensation and Employer's Liability insurance, including All States
Endorsement, to the extent required by federal law and complying with the laws of the
State of Texas;
ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad
Form Property Damage, Personal Injury, Completed Operations/Products Liability,
Premises Liability, Medical Payments, Interest of Employees as additional insureds, and
Broad Form General Liability Endorsements,for at least One Million Dollars($1,000,000)
Combined Single Limit Bodily Injury and Property Damage on an occurrence basis;
iii. Comprehensive Automobile Liability insurance covering all owned, non-owned or hired
automobiles to be used by the Contractor, with coverage for at least One Million Dollars
1,000,000)Combined Single Limit Bodily Injury and Property Damage.
B. Indemnification: Proposer agrees to defend, indemnify and hold harmless the City, all of its
officers, Council members, agents and employees from and against all claims, actions, suits,
demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees,
court costs and related expenses,arising out of, connected with, or resulting from any acts or
omissions of Proposer or any agent, employee, subcontractor, or supplier of Proposer in the
execution or performance of this contract without regard to whether such persons are under
the direction of City agents or employees.
City of Southlake RFP1911B200TS190023 Page 15 of 18
Appendix C — Form CIQ
4. 1 :14_: I : I I I : t
WHO: The following persons must file a Conflict of Interest Questionnaire with the City if the person has an
employment or business relationship with an officer of the City that results in taxable income exceeding $2,500
during the preceding twelve — month period, or an officer or a member of the officer's family has accepted gifts
with an aggregate value of more than$250 during the previous twelve—month period and the person engages
in any of the following actions:
1. contracts or seeks to contract for the sale or purchase of property, goods or services with the City,
including any of the following:
a. written and implied contracts, utility purchases, purchase orders, credit card purchases and any
purchase of goods and services by the City;
b. contracts for the purchase or sale of real property, personal property including an auction of
property;
c. tax abatement and economic development agreements;
2. submits a bid to sell goods or services,or responds to a request for proposal for services;
3. enters into negotiations with the City for a contract;or
4. applies for a tax abatement and/or economic development incentive that will result in a contract with
the City
THE FOLLOWING ARE CONSIDERED OFFICERS OF THE CITY:
1. Mayor and City Council Members;
2. City Manager;
3. Board and Commission members and appointed members by the Mayor and City Council;
4. Directors of 4A and 4B development corporations;
5. The executive directors or managers of 4A and 4B development corporations;and
6. Directors of the City of Southlake who have authority to sign contracts on behalf of the City.
EXCLUSIONS: A questionnaire statement need not be filed if the money paid to a local government official was
a political contribution,a gift to a member of the officer's family from a family member;a contract or purchase of
less than$2,500 or a transaction at a price and subject to terms available to the public;a payment for food, lodging,
transportation or entertainment; or a transaction subject to rate or fee regulation by a governmental entity or
agency.
WHAT: A person or business that contracts with the City or who seeks to contract with the City must file a
Conflict of Interest Questionnaire"(FORM CIQ)which is available online at www.ethics.state.tx.us and a copy of
which is attached to this guideline. The form contains mandatory disclosures regarding"employment or business
relationships" with a municipal officer. Officials may be asked to clarify or interpret various portions of the
questionnaire.
WHEN:The person or business must file:
1. the questionnaire—no later than seven days after the date the person or business begins contract discussions
or negotiations with the municipality, or submits an application, responds to a request for proposals or
bids,correspondence,or other writing related to a potential contract or agreement with the City;and
2. an updated questionnaire—within seven days after the date of an event that would make a filed
questionnaire incomplete or inaccurate.
It does not matter if the submittal of a bid or proposal results in a contract.The statute requires a vendor to file
a FORM CIQ at the time a proposal is submitted or negotiations commence.
WHERE: The vendor or potential vendor must mail or deliver a completed questionnaire to the Finance
Department. The Finance Department is required by law to post the statements on the City's
website.
ENFORCEMENT: Failure to file a questionnaire is a Class C misdemeanor punishable by a fine not to exceed
500. It is an exception to prosecution that the person files a FORM CIQ not later than seven business
days after the person received notice of a violation.
NOTE: The City does not have a duty to ensure that a person files a Conflict of Interest Questionnaire.
City of Southlake RFP1911B200TS190023 Page 16 of 18
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491. 80th Leg., Regular Session_ OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code pate Received
by a person who has a business relationship as defined by Section 176.001(1-a)with a local
governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental
entity not later than the 7th business day after the date the person becomes aware of facts
that require the statement to be filed. See Section 176.006,Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local
Government Code.An offense under this section is a Class C misdemeanor.
11 Name of person who has a business relationship with local governmental entity.
Shawnee Mission Tree Service, Inc. DBA/Arbor Masters Tree Service
3j riCheck this box if you are filing an update to a previously filed questionnaire.
The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has employment or business relationship.
N/A
Name of Officer
This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional
pages to this Form CIG as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
Yes K No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director,or holds an ownership of 10 percent or more?
Yes No
D. Describe each employment or business relationship with the local government officer named in this section.
7 20
Signature of person doing business with the governmental entity Date
Adopted 06/29/2007.
City of Southlake RFP1911B200TS190023 Page 17 of 18
Appendix D — No Intent to Submit Form
If your firm has chosen not to submit a proposal for this procurement,please complete this form and
submit to:
City of Southlake
Purchasing Division, Department of Finance
1400 Main Street, Suite 440
Southlake,Texas 76092
Please check all items that apply:
Do not sell the item(s)required Cannot provide Insurance required
Cannot be competitive Cannot provide Bonding required
Cannot meet specifications highlighted in the attached Cannot comply with Indemnification
request requirement
Job too large Job too small
Do not wish to do business with the City of Southlake — Other:
Cannot submit electronically
Company Name(Please print):
Authorized Officer Name(Please print):
Telephone: ( )Fax: (
City of Southlake RFP1911B200TS190023 Page 18 of 18
ORDINANCE NO. 585-E
AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE 585-B,
WHICH ESTABLISHES THE REGULATIONS FOR THE PRESERVATION OF TREES;
PROVIDING FOR THE PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS;
REQUIRING A TREE PERMIT TO ALTER A PROTECTED TREE; PROVIDING TREE
PRESERVATION CRITERIA AND REVIEW PROCESSES FOR TREE
CONSERVATION ANALYSES, TREE CONSERVATION PLANS, AND TREE
PERMITS; AMENDING THE TREE PROTECTION AND REPLACEMENT
REQUIREMENTS; PROVIDING TREE PLANTING AND TREE REMOVAL
STANDARDS; PROVIDING FOR ENFORCEMENT PROCEDURES AND CIVIL AND
CRIMINAL PENALTIES FOR VIOLATIONS; PROVIDING A PROCESS FOR
APPEALS AND VARIANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE;PROVIDING A CUMULATIVE CLAUSE;PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Southlake, Texas, is a home rule City acting under its charter adopted by the
electorate pursuant to Article XI,Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government
Code;and
WHEREAS,the Southlake City Council first adopted Ordinance 585 on June 15, 1993 with the goal of
preserving trees and subsequently amended Ordinance 585 on December 16, 1997, and January 4, 2000, revising
regulations relating to the protection of trees;and
WHEREAS,the Southlake City Council has determined that it is appropriate and in the best interest of the
City to promote the public health,safety,and general welfare of its residents by amending Ordinance No. 585-B as
provided herein;
WHEREAS, the Southlake City Council has determined that amending Ordinance 585-B is required to
implement the Tree Protection recommendations of the City's Comprehensive Master Plan, the Southlake 2025
Plan;and
WHEREAS, the City council has given published notice and held public hearings with respect to the
amendment of Ordinance 585-B as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE,TEXAS:
Ordinance 585-E 1 Southlake Tree Preservation Ordinance
Ordinance 585-B,Tree Preservation Ordinance of the City of Southlake is hereby amended to read as follows:
1.0 TITLE
This Ordinance shall be known as the City of Southlake Tree Preservation Ordinance.
2.0 FINDINGS
The Southlake City Council finds that:
2.1 Trees transpire considerable amounts of water, produce oxygen, and absorb carbon-dioxide, thus
reducing air pollution;
2.2 Trees have an important role in improving water quality by neutralizing pollutants in ground water
run-off;
2.3 Trees,through their root systems,stabilize the ground water tables,and play an important and effective
part in soil conservation,erosion control,and flood control;
2.4 Trees are an invaluable physical and aesthetic asset to development and make cities more comfortable
by providing shade,cooling the air and land,and reducing noise levels and glare;
2.5 Trees provide critically needed habitat and food source for wildlife;and
2.6 For the reasons stated above,preservation of mature tree stands and environmentally sensitive areas in
conjunction with development has a significant impact on the desirability of land and therefore adds
value to the individual development and the increases the livability of the City.
3.0 PURPOSE AND INTENT
The purpose of this Ordinance is to ensure environmentally sensitive site planning which furthers the
preservation of mature trees and natural areas;to protect trees during construction;to facilitate site design and
construction which contribute to the long term viability of existing trees; and to control the removal of trees
when necessary. It is the further purpose of this Ordinance to achieve the following broader objectives:
3.1 Prohibit the clear-cutting of property;
3.2 Protect and increase the value of residential and commercial properties within the City;
3.3 Maintain and enhance a positive image for the attraction of new residences and business enterprises to
the City;
3.4 Protect healthy quality trees and promote the natural,ecological,environmental,and aesthetic qualities
of the City;
3.5 Implement the Environmental Resource Protection recommendations of the Southlake 2025 Plan;and
3.6 Maintain and enhance Southlake's identity as a Tree City USA.
4.0 DEFINITIONS
GENERAL RULES: The following rules shall be applied in constructing, interpreting or otherwise defining
the terms hereof:
a. Words used in the present tense shall include the future, words used in the singular number shall
include the plural number and words used in the plural shall include the singular.
Ordinance 585-E 2 Southlake Tree Preservation Ordinance
b. The word"shall"is mandatory and the word"may" is permissive.
c. The word "person" shall include any individual, firm, corporation, partnership, joint venture,
organization,or any other entity.
DEFINITIONS: Certain words or terms applicable to this Ordinance are defined as hereinafter provided.
Words and terms used in this Ordinance,but not defined in this Ordinance shall have the meanings contained
in the Zoning Ordinance,Landscape Ordinance or other ordinances of the City. Words and terms defined in
two ordinances shall be read in harmony unless there is an irreconcilable conflict,in which case the definition
contained in this Ordinance shall control.
ADMINISTRATIVE OFFICIAL: The department director appointed by the City Manager to administer this
Ordinance,or the department director's designee.
AGRICULTURAL USE: Any use on property zoned "AG-Agricultural" that is related to active farming,
livestock,or ranching,including using land as pasture or in the production of crops,or horticultural products,
the keeping of livestock,including but not limited to poultry and hoofed animals such as cattle,horses,goats,
and sheep,for commercial or noncommercial purposes,and the construction and maintenance of agricultural
accessory buildings.
ALTER;ALTERS;ALTERATION: Any act which causes or may reasonably be expected to cause a tree to
die, including but not limited to, any of the following: uprooting any portion of the tree's root system;
severing the main trunk of the tree; inflicting damage upon the tree's root system by machinery,storage of
materials,or the compaction of soil above the root system of a tree;changing the natural grade of the critical
root zone of a tree or uphill from the critical root zone of the tree so as to divert the flow of water to or away
from the critical root zone; applying herbicidal or other lethal chemicals to the tree or any portion of the
critical root zone of the tree;placement of impermeable material over any portion of the critical root system
of a tree;and trenching within the critical root zone. A protected tree shall be considered to be altered if one
or more of the following occurs: more than twenty-five percent(25%) of the critical root zone is adversely
affected,more than twenty-five percent(25%)of its canopy is removed,or the tree is disfigured to the extent
a reasonable person would conclude the tree will not survive.
ALTERNATIVE TO A TREE SURVEY: A document that provides the location and details of trees and
contains the information set forth in Appendix A(attached to and fully incorporated into this Ordinance),and
which may be submitted in lieu of a tree survey where specifically allowed by this Ordinance.
BUILDING PAD: The actual foundation area of a building and a reasonable area not to exceed six(6)feet
around the foundation necessary for construction and grade transitions.
BUILDING PERMIT: The official authorization by the City to allow any construction on any property in the
City that increases the impervious cover on the lot,tract,or portion of land.
CERTIFICATE OF OCCUPANCY(CO):An official City acknowledgement that indicates conformance with
all applicable City regulations and authorizes the legal use and occupancy of the premises for which it is
issued.
CERTIFIED ARBORIST: A specialist in the care of individual trees, knowledgeable about the needs of
trees,and trained and equipped to provide proper care of trees, and certified by the International Society of
Arboriculture as a Certified Arborist.
CRITICAL ROOT ZONE: The area of undisturbed natural soil around a tree defined by a horizontal circle
drawn at grade with the center being the center of the trunk of the tree and a radius equal to the distance from
the trunk to the outermost portion of the drip line.
CUT/FILL: Areas where the natural ground level has been modified either through excavation(cut)or fill.
Ordinance 585-E 3 Southlake Tree Preservation Ordinance
DBH (DIAMETER AT BREAST HEIGHT): The diameter of a tree trunk, or, in the case of a multi-trunk
tree,the total of the diameter of the largest trunk and one half(/2)of the diameter of each additional trunk,
measured at a height of 4%2 feet above the ground.
DEVELOPMENT: Any construction activity for which a building permit or earth disturbance permit is
required under the ordinances of the City.
DEVELOPMENT REVIEW COMMITTEE (DRC): A committee comprised of City staff, including the
Administrative Official, charged with reviewing all development applications to ensure compliance with all
of the City's ordinances and regulations.
DRIP LINE: Whichever of the following encompasses the greatest area: (1) the irregular shape formed
around a tree by a series of vertical lines that run through the outermost portion of the canopy of the tree and
extend to the ground, or (2) a circular area with a radius of one-half('/2) the height of the tree extending
outward from the center point of the tree.
EARTH DISTURBANCE PERMIT: An official authorization by the City to allow any person to re-grade,
excavate,disturb,or store spoils on any property in the City as required by the City's adopted Building Code.
EASEMENT: The authorization by a property owner for the use by another,and for a specified purpose,of
any designated part of such property. Easements may be temporary or permanent.
EASEMENT, CONSERVATION: A permanent deed restriction that limits development of property, or a
transfer of an interest in property to a public or non-profit entity approved by the City,duly recorded in the
deed records of the County and binding on all subsequent owners, and for the purpose of protecting and
preserving environmentally sensitive natural resources, in which the landowner retains fee title to the
property.
EASEMENT,PERMANENT: The permanent transfer by plat or written instrument of an interest in property
or authorization by a property owner for the use by another,for a specified limited purpose.
EASEMENT,TEMPORARY ACCESS: An easement granting a right of access to property that is adjacent
to a property being developed to provide temporary access for construction activities on the property being
developed. The easement is granted only for the period of the construction activity.
EASEMENT, TEMPORARY CONSTRUCTION: An easement granting a right of use of property that is
adjacent to a property being developed to provide temporary access required for the installation of required
and approved utility lines and other infrastructure to serve the property being developed. The easement is
granted only for the period of the construction activity.
EASEMENT,UTILITY OR DRAINAGE: An area designated on any plat or other instrument approved by
the City for the location of utility lines or facilities for the flow of stormwater.
ENVIRONMENTAL PRESERVE: A natural open space reserved for land that is under permanent
conservation,such as areas in the flood plain,woodlands to be preserved,creeks,water bodies,steep grades,
and other environmentally sensitive lands,and including land protected through conservation easements.
ENVIRONMENTAL RESOURCE PROTECTION(ERP)RECOMMENDATIONS AND MAP: Sections of
the City's Parks, Recreation, and Open Space Plan, a component element of the Southlake 2025 Plan that
provides the policy guidance for the protection of key environmentally sensitive resources in the City, and
identifies priority areas for the protection of significant environmentally sensitive areas in the City.
EXISTING TREE COVER: The sum total of the area that is located beneath the canopies of all protected
trees on the lot or tract on the date of development application,as measured by accepted forestry practices.
Ordinance 585-E 4 Southlake Tree Preservation Ordinance
FOOTPRINT: An area not to exceed six feet(6') in all directions around impervious surfaces as designated
on an approved Site Plan.
HEAVILY WOODED AREA: An area of continuous wooded vegetation where trees are at a density of at
least one protected tree per 325 square feet of land,where the branches and leaves form a continuous canopy,
and which consists of at least five(5)trees.
LANDSCAPE ARCHITECT: A person licensed to use the title of"landscape architect"in the State of Texas
in accordance with state law.
MULTIPLE TREE CLEARING: Alteration of one or more protected trees located on property zoned AG
Agricultural,in excess of the seven(7)protected trees that may be altered in each calendar year in accordance
with section 8.1.c.
MUNICIPAL/PUBLIC DOMAIN PROPERTY: Property owned by a governmental entity such as the City,
county,state, federal government,school district or other such entity, such as City Hall,public parks,Corps
of Engineers property, public rights of way ("R.O.W."), libraries, fire stations, and water tower, water
treatment and other public works facilities.
OWNER: Any person holding a legal or equitable interest in land, or a lessee, agent, employee, or other
person acting on behalf of such person.
PARKS, RECREATION, & OPEN SPACE MASTER PLAN: The component element of the Southlake
2025 Plan that serves as the community's blue print for the City's future parks and open space facilities.
PERSON'S RESIDENCE:A person's home;the place where someone lives or resides.
PLANNING AND ZONING COMMISSION: A volunteer citizen body appointed by the City Council which
is authorized to make recommendations on the physical development of the City including land use,zoning,
and transportation issues.
PROTECTIVE FENCING: A physical and visual barrier installed around the critical root zone of a protected
tree as required by Section 9.8 of this Ordinance in order to prevent damage to the tree and its root system.
REFORESTATION FUND: The fund established by the City for the purposes of implementing the
environmental resource protection goals of the Southlake 2025 Plan including:
a. educating the public on the aesthetic and health benefits of conservation and environmental
preservation;
b. planting,maintaining,and managing trees and landscaping on public property in the City;
c. creating and expanding wooded property within the City;
d. purchase of conservation easements and/or environmental preserves;and
e. other similar purposes indicated in this Ordinance and as approved by City Council
REFORESTATION FUND ADMINISTRATOR: The person appointed by the City Manager to administer
the Reforestation Fund.
RIGHT-OF-WAY: (Abbreviated ROW) A strip of land,other than a drainage or utility easement,occupied
or intended to be occupied by a street,crosswalk,railroad,road,electric transmission line,oil or gas pipeline,
water main,sanitary or storm sewer,or for another special use.
Ordinance 585-E 5 Southlake Tree Preservation Ordinance
SELECTIVE THINNING: The process by which non-contiguous protected trees are identified and removed
within a heavily wooded area to provide the maximum benefit to the remaining protected trees.
SOUTHLAKE 2025 PLAN: The City of Southlake's Comprehensive Master Plan, as amended, as adopted
by the City Council.
STREET TYPOLOGY MAP: The component of the City's adopted Mobility&Master Thoroughfare Plan,a
component element of the Southlake 2025 Plan,showing street typologies,which are overlay designations to
the functional classification system of the City's roadway network linking street functionality with design
priorities for all streets.
TREE: Any selfsupporting woody perennial plant which will normally attain a trunk diameter of two inches
or more when measured at a point four and onehalf feet above ground level and an overall height of at least
fifteen(15)feet at maturity.
TREE,DISEASED,INFECTED OR DAMAGED: A tree that is:
a. infected with a disease or a parasite making it reasonably likely that the tree will either die within three
3)years or pose a significant threat of infecting other trees of the same or similar species;or
b. damaged,in whole or part,to such an extent that either the tree is reasonably likely to die within three
3)years;or
c. hazardous,in whole or part,to such an extent that it presents a significant danger to the general public.
TREE,PARK: Trees in public parks and all areas owned by the City to which the public has access as a park.
TREE,PROTECTED: Any tree that has a diameter at breast height of six(6)inches or greater.
TREE,STREET: A protected tree located within or directly adjacent to a public right-of-way.
TREE BOARD: A board appointed by the City Council to carry out specific duties and responsibilities as set
forth in Article 15 of this Ordinance. The Zoning Board of Adjustment shall constitute the Tree Board unless
the City Council appoints a different tree board.
TREE CONSERVATION ANALYSIS: A preliminary analysis that shows the general site design direction
of the development including general placement of building pads, parking areas,and infrastructure based on
the environmental features of the property.
TREE CONSERVATION PLAN: A plan that illustrates, in detail,the impact of all proposed development
including the impact of buildings, parking areas, streets and all other infrastructure on all environmental
features of the site such as protected trees,natural creeks,ponds,steep grades,and other critical resources.
TREE PERMIT: The official authorization by the City required to alter any protected tree not exempted by
this Ordinance.
TREE PRESERVATION AREA: An area identified on any plan approved by the City Council denoting a
significant tree stand(s)which is to be preserved during and after development of that property.
TREE PROTECTION SIGN: A sign furnished by the City's building official which sign describes prohibited
conduct detrimental to trees.
TREE SURVEY: A plan drawing that provides legend details about the location and details of trees and
contains the information set forth in Appendix A (attached to and fully incorporated into this ordinance),
including but not limited to drawings by a licensed surveyor,a licensed architect,or, if less than twenty (20)
trees are involved,a person approved by the Administrative Official.
Ordinance 585-E 6 Southlake Tree Preservation Ordinance
TREE TECHNICAL MANUAL: The manual that contains the text of this Ordinance and any graphic
depictions, tables, or other illustrative material created and approved by the Administrative Official to
illustrate the requirements of this Ordinance.
TREE TOPPING: The sever cutting back of branches to stubs larger than three inches in diameter within the
tree's canopy to such a degree so as to remove the normal canopy and disfigure the tree.
UTILITY: The service or product provided by a utility provider,including but not limited to,the provision of
gas,electric,water,waste water,drainage, storm water,telecommunications, cable,or telephone service for
users within the City.
UTILITY,CITY: The City of Southlake public works department or City employee or entity employed on
the behalf of the City providing a utility service.
UTILITY LINE: A conduit, channel, ditch, tube, duct,hose, wire, box, pipe,or similar conveyance device
through which a utility is transported,provided,or conveyed,excluding utility service lines.
Channels, ditches, creeks, detention/retention ponds, and other drainage improvements shall constitute a
utility line for purposes of this Ordinance only to the extent that such improvement is required by the City or
other public entity as an integral and necessary part of an approved drainage plan,is located so as to avoid,to
the greatest extent practical,altering protected trees,and is approved by the Administrative Official.
Ponds, channels, creeks, or other bodies of water intended or created primarily for decorative, scenic, or
recreational purposes shall not constitute a "utility line" for purposes of this Ordinance, unless such
improvement is required by the City engineer or by ordinance, even if such areas may serve some drainage
purposes.
UTILITY SERVICE LINE: A conduit, channel, ditch, tube, duct, hose, wire, box, pipe, or similar
conveyance device through which a utility is transported,provided,or conveyed to a single lot or tract,to the
extent that the conveyance device is located on that lot or tract.
UTILITY PROVIDER: A company or entity,or agent for a company or entity,including a municipality that
provides a utility service within the City.
5.0 TREE PERMIT REQUIRED
5.1 TREE PERMIT REQUIRED: Except as provided in Section 5.3,no person shall alter a protected tree
unless the alteration is authorized by a valid tree permit or Multiple Tree Clearing permit.
5.2 OFFENSE: A person commits an offense if the person alters any protected tree without a tree permit,
unless the alteration is exempted by this ordinance. A person commits an offense if the person alters
any protected tree in violation of the terms of a tree permit.
5.3 EXEMPTIONS: Alteration of the following tree(s) shall be exempt from the provisions of this
Ordinance:
a. Any tree that endangers the public health, welfare, or safety such that immediate alteration is
required;
b. Any tree that has disrupted a public utility service due to a tornado, storm, accident, flood, or
other act of nature,provided that alteration of such a tree shall be limited to the portion of the
tree reasonably necessary to reestablish and maintain reliable utility service;
c. A tree located on the property of a licensed plant or tree nursery which has trees planted and
growing on the premises for the sale or intended sale to the general public in the ordinary course
Ordinance 585-E 7 Southlake Tree Preservation Ordinance
of the nursery's business;
d. Any tree, other than a street tree, located on a lot or tract shown on an application or plan for
development submitted after the effective date of this Ordinance in any residentially zoned
district,including but not limited to SF20, SF30,SF1,RE and the lots zoned for residential uses
only in the Transition, Rural Conservation, Planned Unit Development, or Employment Center
zoning and DT zoning districts, which the owner occupies as a residence, shall be exempted
from the application of this Ordinance except that any lot or tract,or portion thereof,designated
as a tree preservation area, or tree designated as "protected" on a Tree Conservation Plan
approved after the effective date of this Ordinance shall not be exempted from the provisions of
this Ordinance.
e. Any lot shown on a plat application or plan for development submitted before the effective date
of this Ordinance shall be subject to the provisions of Ordinance 585-B unless the application or
plat expires or the project is abandoned or significantly altered, in which event the lot shall be
subject to those provisions of this Ordinance which apply to the new project.
f. A tree located on property which is zoned AG (Agricultural) and being actively used for
agricultural purposes or as a residence,as long as the tree is located within a radius of 150 feet
from the principal structure on the property or the owner's residence.
g. Any tree that is less than ten inch(10")DBH and is located on a residential property where the
dwelling is the person's residence.
6.0 TREE PERMIT:APPLICATION,STANDARDS FOR APPROVAL AND ISSUANCE
6.1 TREE PERMIT APPLICATION—UNRELATED TO DEVELOPMENT: An application for a Tree
Permit that is unrelated to development shall include the following information:
a. The name,address and telephone number of those persons or entities who own the property and
those persons or entities seeking the permit;
b. The address,existing use,and zoning of the property;
c. A detailed written statement stating the reasons for the requested alteration including citation to
any relevant provision of this ordinance that may authorize the alteration and including the
following:
i. The amount of land to be disturbed,if any;
ii. The method and equipment to be used;and
iii. The dates the proposed alteration would take place;
d. A legible diagram or map indicating the following for the area reasonably likely to be affected if
the permit is issued:
i. Location of all existing structures, improvements, streets or rights-of-way, property lines,
setback and yard requirements.
ii. Location of all existing utility lines,utility service lines,and easements.
iii. The common and botanical name, size and location of all trees specifically designated by
number;and
d. Such additional information as the Administrative Official may reasonably require given the
particular characteristics of the property.
Ordinance 585-E 8 Southlake Tree Preservation Ordinance
6.2 TREE PERMIT APPLICATION — RELATED TO DEVELOPMENT: An application for a Tree
Permit Application that is filed in conjunction with development shall include the following
information:
a. City approved Tree Conservation Analysis or Tree Conservation Plan (when required by this
Ordinance);
b. A tree survey clearly identifying whether each protected tree will be preserved after the
proposed improvements are made,will be altered,or may be preserved based upon site specific
conditions,including species and size;
c. Identification of Critical Environmental Features of the site:
i. All individually protected trees
ii. Existing streams,drainage creeks,ponds,and other water bodies(if any)
d. Detailed site plan of all proposed improvements with extent and location of proposed
improvements, including building pads, parking areas, driveways, streets, and utilities
including storm water drainage facilities);
e. A tree protection plan identifying the required tree protection measures including fencing and
signage;
f. Clear delineation of construction related parking,storage,staging,and access areas
g. Limits of clearing,grading,and trenching;
h. Approved grading and drainage plans;
i. Proposed landscaping,bufferyards,and/or replacement areas;
j. Any information required by Section 7.3 for a Tree Conservation Plan;
k. Any conditions placed on the approval of the Tree Conservation Plan;
1. The names,addresses and telephone numbers of those persons or entities who own the property
and those persons or entities seeking the permit;and
m. Such additional information as the Administrative Official may reasonably require given the
particular characteristics of the property.
6.3 FEES: The applicant shall submit,with an application for a tree permit,payment of a fee to the City of
Southlake in the amount specified by City Council in a fee schedule,with the following exceptions:
a. When altering any protected tree,the City is exempt from the tree permit fee,but must obtain a
permit and comply with all tree replacement and tree protection procedures. Protected trees
proposed to be altered must be shown on construction plans approved by the Administrative
Official.
b. When altering any protected tree, a public utility is exempt from the tree permit fee,but must
obtain a permit and comply with all tree replacement and tree protection procedures. Protected
trees proposed to be altered must be shown on construction plans approved by the
Administrative Official.
Ordinance 585-E 9 Southlake Tree Preservation Ordinance
6.4 AUTHORITY FOR REVIEW:
a. The Administrative Official shall be responsible for reviewing all requests for tree permits
submitted in accordance with the requirements specified herein.
b. The Administrative Official shall have no obligation to review an application for a tree permit
until all required information has been submitted and the applicable fee, if any,has been paid.
If any required information or fee has been omitted,the Administrative Official shall notify the
applicant of that fact.
6.5 STANDARDS FOR APPROVAL:
a. When a complete application is filed under section 6.1,the Administrative Official shall grant
a tree permit with regard to a particular protected tree if any of the following is true:
i) The tree must be altered in order to install or maintain a utility line or utility service
line;
ii) The tree is located in a heavily wooded area and selective thinning is necessary to
increase the likelihood of survival of the remaining trees,and will be carried out in
accordance with standards promulgated by the American National Standards Institute
for use by the International Society of Arboriculture;
iii) The tree is located on property zoned Agricultural "AG"that is being actively used
for agricultural purposes, and the granting of the permit will not result in more than
seven(7)protected trees being altered on the property in any calendar year;
iv) The tree is diseased,damaged,or hazardous;
v) The tree, if left unaltered, is reasonably likely to impair the structural integrity of
existing structures or improvements;
vi) The tree is required to be altered by federal, state or local law, including an
applicable regulation adopted by a federal,state,or local government agency;
vii) The tree must be altered to prevent significant risk of harm to the surrounding area
caused by vermin infestation;or
viii) The tree must be altered to prevent a high risk of fire hazard as determined by the
Fire Marshal.
b. When a complete application is filed under section 6.2,the Administrative Official shall grant
a tree permit if all required tree protection and replacement procedures have been followed
and the application conforms to the Tree Conservation Plan approved by the City Council.
Where no Tree Conservation Plan is required,the tree permit shall be granted if all required
tree protection and replacement measures have been followed and the application complies
with the criteria established under Section 7.2.
6.6 DEFERRAL TO CITY COUNCIL: If the application for a tree permit seeks to alter a tree which is
part of a Tree Conservation Plan approved by the City Council,the Administrative Official may defer
the approval of the tree permit to the City Council after a recommendation from the Planning and
Zoning Commission for any reason. In addition, if a request for a Tree Permit does not meet any
standards for approval under 6.5.a, the Administrative Official may defer the approval of such a tree
permit to City Council after a recommendation from the Planning and Zoning Commission.
Ordinance 585-E 10 Southlake Tree Preservation Ordinance
6.7 PERMIT EXPIRATION: A tree permit issued in connection with any other permit or plan shall be
valid for the period of that permit's or plan's validity. A tree permit not issued in connection with any
other permit or plan shall become void 180 days after the issue date on the tree permit.
6.8 POSTING TREE PROTECTION&SIGN: Prior to issuance of a any building or tree permit,the"tree
protection sign",tree preservation instruction detail sheet and approved the tree conservation plan shall
posted be at each entrance to the subject property and at any other location designated by the
Administrative Official.
7.0 TREE CONSERVATION ANALYSES(TCA)AND TREE CONSERVATION PLANS(TCP)
7.1 REQUIREMENT: A Tree Conservation Analysis(TCA) and subsequently,a Tree Conservation Plan
TCP) shall be required for any application for development described in Table 1.0 subject to the
following:
a. The Administrative Official may waive any requirement established by Section 7.3 where the
application is a Plat Showing submitted for four (4) or fewer lots, if the scope of the
development makes the requirement either impractical or inapplicable to the development.
b. The Administrative Official may approve an alternative to a tree survey for heavily wooded
areas, and may require a tree survey for smaller, specific areas of the property based upon the
environmental sensitivity of the property being developed.
c. All proposed improvements shall be required to be shown only at the site plan stage,if any,for
all development. Preliminary plats shall show building setbacks and general location of
buildings and infrastructure.
d. A Tree Conservation Plan may be used to satisfy the requirements of a Tree Conservation
Analysis.
e. A Tree Conservation Analysis is acceptable for all Preliminary Plats that require a City Council
approved Site Plan for development. A Tree Conservation Plan shall be required at Preliminary
Plat for all development that does not require City Council approval of a Site Plan.
Table 1.0—Tree Conservation Analysis and Tree Conservation Plan
by Activity Type
Type of Development Requirement for Criteria for Review
Application Analysis or Conservation Plan
Concept or Development Tree Conservation Analysis Section 7.2
Plan
Site Plan Tree Conservation Plan Based on the approved Tree Conservation
Analysis or,if none,on Section 7.2
Preliminary Plat Tree Conservation Analysis and,if Based on the approved Concept,
application is not sought in Development,or Site Plan,or,if none,on
conjunction with a concept, Tree Conservation Analysis,or,if none,on
development or site plan,a Tree Section 7.2
Conservation Plan is also required
Final Plat Tree Conservation Plan Based on conformity with the approved
Preliminary Plat
Plat Showing/Plat Revision Tree Conservation Plan Section 7.2
Earth disturbance Tree Permit Application Based on the conformity with the approved
permit/Building permit site plan(non-residential)or preliminary plat
residential)or,if none,on Section 7.2
Ordinance 585-E 11 Southlake Tree Preservation Ordinance
7.2 STANDARDS FOR APPROVAL:
a. Except as provided by subsection 7.2.b., a Tree Conservation Analysis or Tree Conservation
Plan shall be approved if it will preserve existing tree cover in accordance with the percentage
requirements established by Table 2.0. If the property has previously received a tree permit
related to development, the percentage of existing tree cover at the time the first such permit
was issued shall be used to calculate the minimum existing tree cover that must be preserved
under this section.
Table 2.0—Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on the entire Minimum percentage of the existing tree
site cover to be preserved*
0%—20% 70%
20.1—40% 60%
40.1%-60% 50%
60.1%-80% 40%
80.1%- 100% 30%
The minimum percentage of existing tree cover to be preserved shall exclude any area in public
rights-of-way as approved by City Council.
b. For property sought to be zoned for the Downtown zoning district or a planned development
zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation,
Planned Unit Development, or Employment Center zoning district, the City Council shall
consider the application for a Conservation Analysis or Plan in conjunction with the
corresponding development application(as established in Table 1.0). The Planning and Zoning
Commission shall review the application and make a recommendation to the City Council
regarding the application. The City Council shall approve the Plan or Analysis if the Council
finds that the Plan or Analysis provides for the:
i. placement of building pads,parking areas,driveways,streets,and utility easements so as
to maximize the preservation of environmental features of the property including mature
tree stands,natural creeks and ponds,and significant grades;
ii. maximizes the preservation of tree cover preservation areas indicated on the
Environmental Resource Protection Map;
iii. maximizes the preservation of existing tree stands with the potential to buffer residential
areas from the noise,glare,and visual effects of nonresidential uses;
iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made
drainage creek;
v. maximizes the preservation of existing protected trees along rural roadways and other
streets as identified and prioritized in the Street Typology designation;and
vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this
Ordinance.
7.3 INFORMATION REQUIRED: A Tree Conservation Analysis and Tree Conservation Plan shall
include the following information:
a. Information required for Tree Conservation Analysis:
i. Identification of Critical Environmental Features of the site:
A. All grades over 5%
B. Existing streams,drainage creeks,ponds,and other water bodies(if any)
Ordinance 585-E 12 Southlake Tree Preservation Ordinance
ii. Alternative to a Tree Survey
iii. Critical Root Zones of groups of trees
iv. Boundaries of any tree preservation areas as identified in the ERP Map
v. Identification of areas of environmental constraints not suitable for development
vi. Identification of areas of minimal environmental constraints that are suitable for
development
vii. Areas of encroachment into Critical Environmental Features areas identified on the site
viii. Stream/Creek buffers,if any
ix. The names,addresses and telephone numbers of those persons or entities who own the
property and those persons or entities filing the application
x. Such additional information as the Administrative Official may reasonably require given
the particular characteristics of the property
b. Information required for Tree Conservation Plan:
i. Identification of Critical Environmental Features of the site:
A. All individually protected trees
B. Existing streams,drainage creeks,ponds,and other water bodies(if any)
ii. Tree Survey or alternative to a tree survey
iii. 2-foot contour map of the site
iv. Protected trees within the tree preservation area including tree size and type
v. Critical Root Zones of groups of trees
vi. Critical Root Zones for individual trees required for site plans only
vii. Boundaries of any tree preservation areas as identified in the ERP Map
viii. Identification of areas of environmental constraints not suitable for development
ix. Identification of areas of minimal environmental constraints that are suitable for
development
x. Areas of encroachment into Critical Environmental Features identified on the site
xi. Clear delineation,for each protected tree,of whether the tree will be preserved after the
proposed development is constructed,altered due to proposed improvements,or could
potentially be saved based upon site specific conditions
xii. Stream/Creek buffers,if any
xiii. Detailed site plan of all proposed improvements.(All proposed improvements shall be
required to be shown only at the site plan stage for all development. Preliminary plats
shall,however,show building setbacks and general location of buildings and
infrastructure.)
xiv. Setbacks,building lines,and buffer yards
xv. The names,addresses and telephone numbers of those persons or entities who own the
property and those persons or entities filing the application
xvi. Such additional information as the Administrative Official may reasonably require given
the particular characteristics of the property.
7.4 ACTION ON TREE CONSERVATION ANALYSIS AND TREE CONSERVATION PLAN:
a. An application that requires the submittal of either a Tree Conservation Analysis or a Tree
Conservation Plan shall first be reviewed by the Development Review Committee in
conjunction with the accompanying development application.
b. The Administrative Official shall prepare a report that evaluates the extent to which the
proposed development is responsive to the Tree Preservation criteria outlined in Section 7.2 to
the Planning and Zoning Commission.
c. The Planning and Zoning Commission shall make a recommendation on the proposed Tree
Conservation Analysis or Tree Conservation Plan to the City Council. The City Council shall
approve the proposed Tree Conservation Analysis and Tree Conservation Plan if it finds that it
meets the criteria outlined in Section 7.2.
Ordinance 585-E 13 Southlake Tree Preservation Ordinance
8.0 TREE REPLACEMENT AND TREE PROTECTION EXCEPTIONS AND APPLICABILITY
8.1 GENERALLY: For all trees that are authorized to be altered based on a duly approved Tree
Conservation Plan,tree protection and tree replacement procedures set forth in this Ordinance shall be
followed before a Tree Permit is granted,except as set forth below:
a. Tree Alteration for Public Utility Projects: All protected trees that the Administrative Official
determines must be altered in order to install utility lines within public rights-of-way(R.O.W.)
or within approved utility easements, including required drainage easements, shall be exempt
from the tree replacement and tree protection requirements. Any protected trees within public
R.O.W. or utility easements that the Administrative Official determines do not have to be
altered shall be subject to the tree protection requirements but not to the tree replacement
requirements.
b. Selective Thinning and Removal of Underbrush:
i. The Administrative Official may issue a tree permit authorizing the selective thinning of
certain protected trees from a heavily wooded area under Section 6.5.a.2 of this
Ordinance. If the Administrative Official issues a permit for selective thinning, the
protected trees covered by the permit shall be exempt from the tree replacement and tree
protection requirements.
ii. The Administrative Official may issue a permit allowing the clearing and grubbing of
brush located within or under the drip lines of protected trees subject to reasonable
conditions to insure the maximum protection of the trees. The permit holder shall clear
or grub by hand or with push-type mowers within such drip lines, unless the use of
dozers, loaders, or other moving equipment to clear or grub is expressly permitted in
writing by the Administrative Official prior to performance of the work.
c. Limited Tree Alteration on "AG" Zoned Property: The Administrative Official shall, upon
request of the owner of property zoned Agricultural "AG" and being actively used for
agricultural purposes, issue a tree permit for the alteration of not more than seven(7)protected
trees per calendar year on such property. If the Administrative Official issues such a permit,the
protected trees covered by the permit shall be exempt from the tree replacement and tree
protection requirements. However, protected trees altered in excess of seven (7) per calendar
year are not exempted from the tree replacement and tree protection requirements. An owner
wishing to remove more than seven protected trees in any calendar year shall apply for and
obtain a tree permit or Multiple Tree Clearing permit and comply with this Ordinance.
d. Multiple Tree Clearing on"AG"Zoned Property:
i. An owner seeking a permit for Multiple Tree Clearing from property zoned Agricultural
AG" shall submit a request in writing to the Administrative Official, along with a
survey, map or diagram showing the area to be cleared and the number, size and the
location of protected trees in such area,a written statement from the applicant describing
the purpose and reason for the Multiple Tree Clearing, such other information or
documents as may be requested by the Administrative Official,and the appropriate fee as
provided in the fee schedule.
ii. The Administrative Official shall refer such application to the Planning and Zoning
Commission for recommendations. The Administrative Official may make an on-site
inspection of the property to be cleared. After the Administrative Official and the
Planning and Zoning Commission complete their recommendations,the application shall
be submitted to the City Council for determination.
Ordinance 585-E 14 South/ake Tree Preservation Ordinance
iii. The City Council shall grant the application and issue a permit if the Council determines
that the Multiple Tree Clearing is for a legitimate, agricultural use, provided that if the
land ceases to be used for agricultural purposes at any time within five(5)years after the
permit is obtained to remove the trees,the owner of the land must comply with the tree
replacement requirements. If the City Council authorizes the issuance of such a permit,
the protected trees covered by the permit shall be exempt from the tree replacement and
tree protection requirements. The requirement to replace trees shall be binding upon the
person subject to such permit even if such person sells,assigns,or transfers the property.
If the City grants the application for Multiple Tree Clearing,the permit shall be executed
by the applicant and shall provide that in the event of a sale,assignment or transfer of the
subject property, the owner may either obtain the consent of the person to whom the
property was sold,assigned or transferred to permit the replacement on such property,or
may make payment to the Reforestation Fund as provided in this Ordinance.
e. Alteration of Diseased,Damaged,or Hazardous Trees: If a tree permit is issued for alteration
of a diseased, damaged or hazardous protected tree,the owner shall be exempt from the tree
replacement and tree protection requirements for those trees covered by the permit. If such a
diseased,infected or hazardous tree is not altered by the owner,the City may alter such a tree to
reduce the chance of spreading the disease or infection to nearby healthy trees or to protect the
healthy,safety,and welfare of the general public.
8.2 APPLICABILITY:
a. All protected trees that must be altered to construct the required and permitted improvements
based on the City Council approved Tree Conservation Plan are exempted from the tree
replacement and protection requirements of this section. Such improvements may include
building pads, required parking areas, driveways, fire lanes, streets, and required utility and
drainage infrastructure that are required by City ordinances and have been approved by the
appropriate boards or officers of the City.
b. Any protected trees within a building footprint that the approved Tree Conservation Plan
determines do not have to be altered shall be subject to the tree protection requirements
contained in Section 9.8 of this Ordinance.
c. All other areas of the proposed development, including areas in utility easements and areas
designated for cut/fill for any purpose other than required drainage and infrastructure
improvements, shall be subject to both the tree protection and tree replacement requirements of
this Ordinance.
d. For residential development, the building pad may be constructed at the same time as the
installation of the infrastructure if it provides a greater benefit to the environment and the
grading plans have been approved for both the installation of the infrastructure and the building
pad. If the building pad or footprint of the building is modified from the original plan, the
owner shall be required to mitigate any trees previously removed if the Administrative Official
determines that the removal of the trees would not have been required but for the modification.
e. Prior to the issuance of an earth disturbance permit for a single lot residential development,the
Administrative Official shall ensure that:
i. The proposed building and site plans meet the conditions of the City Council approved
Tree Conservation Plan;and
ii. Given the limitations of required setbacks, proposed building footprints, and
improvements,the applicant has limited the impact on all protected trees on the site to the
greatest extent possible.
Ordinance 585-E 15 Southlake Tree Preservation Ordinance
8.3 TEMPORARY ACCESS AND CONSTRUCTION EASEMENTS:
a. A person commits an offense if the person owns real property and permits access across the
person's property or grants a temporary access or construction easement across the owner's
property if such right of access or easement intersects or comes within ten (10) feet of the
critical root zone of a protected tree.
b. It is a defense to prosecution for this offense that the Administrative Official determines that an
easement is the only reasonable means of access to the property being developed. If so, the
Administrative Official shall ensure that such an easement is of minimal size and situated within
a location designed to minimize tree damage and impact on the natural environment while still
providing a reasonable avenue of ingress and egress for construction purposes to the adjoining
property.
9.0 TREE REPLACEMENT AND TREE PROTECTION STANDARDS
9.1 GENERALLY: If required by Section 8.1, 8.2, or 8.3,the following procedures shall apply to any
person who alters a protected tree for which a permit is required. If a person alters a protected tree for
which a permit is required, the person shall replace the protected tree with an equivalent tree as
designated in the Landscape Ordinance and approved by the Administrative Official. This tree
replacement requirement is not meant to supplant good site planning. Tree replacement will be
considered only after all design alternatives which could save more existing trees have been evaluated
and reasonably rejected.
9.2. SIZE AND NUMBER: A sufficient number of trees shall be planted to equal or exceed,measured in
DBH, the diameter of each tree altered. Each replacement tree shall be at least two inch (2") in
diameter at the point on the trunk 4 /2 feet(DBH)above ground level when planted.
9.3. LOCATION: Each replacement tree should be planted on the same lot or tract as the tree which was
altered. However,if the replacement tree cannot be planted on the same lot or tract in accordance with
universally accepted arboricultural standards, the agent charged with mitigating the alteration of a
protected tree may choose any or a combination of the following:
a. replacement on other private property within the City of Southlake,with the approval of
the owners of both the property on which the protected tree was altered and the property on
which the replacement tree is to be planted. In such an instance,the owner of the property on
which the replacement tree is to be planted shall agree, in writing,to maintain the replacement
tree to the standards established in this Ordinance;
b. replacement on public property as approved by the Administrative Official;or
c. payment to the Reforestation Fund as provided by Section 9.7,below.
9.4 RESPONSIBILITY FOR REPLACING PROTECTED TREE: The Administrative Official will
determine the time of replacement, and the location of the replacement trees and approve the agent
responsible for replacing a wrongfully altered protected tree. The requirement to replace trees shall be
binding upon the person subject to such order even if such person sells, assigns, or transfers the
property. In the event of such a sale, assignment or transfer of property, the person subject to such
order may either obtain the consent of the person to whom the property was sold, assigned or
transferred to permit the replacement on such property, or may make payment to the Reforestation
Fund as provided in this Ordinance.
9.5 TIME OF REPLACEMENT: Any replacement trees required to be planted must be planted not later
than ninety (90) days after the order of the Administrative Official, or within (30)thirty days of the
date any appeal from such order becomes final, provided, however, that the Administrative Official
Ordinance 585-E 16 Southlake Tree Preservation Ordinance
may require the deferral of the planting of replacement trees up to an additional one hundred eighty
180) days based on weather and other arboreal considerations, and further provided that the
Administrative Official may, upon request of the person subject to the requirement approve delaying
the planting of replacement trees up to an additional one hundred eighty (180) days if the person
subject to the order provides the City with a surety bond in an amount equal to the cost of purchasing
and planting such trees or pay this amount into the Reforestation Fund within the earlier of the
following: (1) within one hundred eighty (180) days of the last date approved for such delayed
planting, (2) the date of issuance of the first certificate of occupancy on any portion of the subject
property,or(3)other date as agreed by the City Council in an approved Tree Conservation Plan. The
surety bond must be issued by a company licensed to do business in the State of Texas and shall be
authorized by and approved by the City Attorney.
9.6 LONGEVITY AND DURATION: [f a replacement tree dies within three years from the date it was
planted, the person subject to the requirement to plant the replacement tree must replace the dead tree
with another replacement tree within ninety (90) days of the order of the Administrative Official
ordering such replanting. This requirement to replace trees shall be binding upon the person subject to
such order even if such person sells, assigns, or transfers the property. In the event of such a sale,
assignment or transfer of property,the person subject to such order may either obtain the consent of the
person to whom the property was sold, assigned or transferred to permit the replacement on such
property,or may make payment to the Reforestation Fund as provided in this Ordinance.
9.7 REFORESTATION FUND: A person required to comply with Section 9.1 and 9.4 may request to
make a payment to the Reforestation Fund or other specifically dedicated fund approved by the City
Council for such payments in accordance with the following requirements:
a. The amount of the payment required in lieu of each replacement tree shall be the average cost of
a quality tree of similar size and type to the replacement tree which would otherwise have been
required by this Ordinance, plus the cost of planting such a tree, as determined by the City
Council and provided in a fee schedule published by the City.
b. The funds shall be used only for purchasing and planting trees on private property approved by
the Administrative Official and the City Manager, on public property, for acquiring wooded
property, including Conservation Easements or Environmental Preserves which shall remain in
a naturalistic state in perpetuity, or for establishing a landscape or wildlife preserve or similar
nature area as approved by City Council.
c. The Reforestation Fund Administrator shall submit quarterly reports to the City Council of the
deposits and disbursements from the Reforestation Fund.
9.8 TREE PROTECTION PROCEDURES:
a. Unless otherwise exempted by this Ordinance, the following procedures shall apply to protect
any protected tree for which a permit is required.
b. All persons submitting construction plans shall insure that such plans comply with the
requirements of this Ordinance.
c. The following activities are prohibited within the limits of the critical root zone of any protected
tree subject to the provisions of this Ordinance.
i. Material Storage: No storage or placement of materials intended for use in construction or
waste materials accumulated due to excavation or demolition shall be placed within the
limits of the critical root zone of any protected tree.
Ordinance 585-E 17 Southlake Tree Preservation Ordinance
ii. Equipment Cleaning/Liquid Disposal: No equipment shall be cleaned or other liquids,
including, without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar
materials deposited or allowed to flow into the critical root zone of a protected tree.
iii. Tree Attachments: No signs, wires or other attachments, other than those of a protective
nature,shall be attached to any protected tree.
iv. Vehicular Traffic:No vehicular and/or construction equipment traffic or parking shall take
place within the critical root zone of any protected tree other than on existing street
pavement. This restriction does not apply to single incident access within the critical root
zone for purposes of establishing the building pad and associated lot grading, vehicular
traffic necessary for routine utility maintenance,emergency restoration of utility service,or
routine mowing operations.
v. Grade Changes: No grade changes shall be allowed within the limits of the critical root
zone of any protected tree unless adequate protective construction methods are approved in
advance in writing by the Administrative Official.
vi. Impervious Paving: No paving with asphalt, concrete or other impervious materials shall
be placed within the limits of the critical root zone of a protected tree except as otherwise
allowed in this Ordinance.
d. No heavy equipment, including but not limited to trucks, tractors, trailers, bulldozers, bobcat
tractors, trenchers, compressors, and hoists, shall be allowed inside the drip-line of any
protected tree on any construction site without prior written approval of the Administrative
Official.
e. The following procedures shall be followed on all types of construction projects (including
residential,commercial,and municipal/public domain projects).
i. Protective Fencing: Prior to the issuance of any building or earth disturbance permit,or
commencing construction, the owner, contractor or subcontractor shall construct and
maintain, for each protected tree on a construction site, a protective fencing which
encircles the outer limits of the critical root zone of the tree to protect it from construction
activity or in cases of heavily wooded sites,as approved by the Administrative Official.
ii. All protective fencing shall be in place prior to commencement of any site work and
remain in place until all exterior construction activity at the site has been completed.
iii. Protective fencing shall be at least four(4)feet high,clearly visible,and shall have a tree
protection sign affixed to the fence every twenty (20)feet in such a manner to be clearly
visible to workers on the site.
iv. The use of orange vinyl construction fencing or other similar fencing is generally
permitted only if there is no construction or vehicular activity within ten(10) feet of the
fence. If construction activity or vehicular traffic is expected within ten(10) feet of the
fence,the fence shall be constructed of chain link or other similar metal,wooden material
or semi-rigid vinyl tape fencing supported with a top support wire or equivalent support
material affixed to metal or wooden posts,all of which shall be six(6)feet in height.
v. All protective fencing shall be supported at a maximum of ten (10) foot intervals by
approved methods sufficient enough to keep the fence upright and in place for the
duration of the construction.
vi. The owner shall cause the required fencing to be installed and maintained for the duration
of the construction.
Ordinance 585-E 18 Southlake Tree Preservation Ordinance
vii. For permits involving trenching such as sewer services, irrigation systems or
underground electrical work, the applicant shall provide sufficient plans to provide
protection of the trees in the vicinity of the work.
viii. The "tree protection sign" tree preservation instruction detail sheet and approved tree
conservation plan shall be posted at each entrance to the subject property upon which one
or more trees subject to the permit is situated,and at any other location designated by the
Administrative Official.
ix. All of the above conditions must be adhered to and inspected by a city inspector prior to
the issuance of any permits.
f. In situations where a protected tree remains in the immediate area of intended construction and
the Administrative Official determines the tree bark to be in danger of damage by construction
equipment or other activity, the contractor or subcontractor shall protect the tree by enclosing
the entire circumference of the tree trunk with two(2) inches x four(4)inches lumber encircled
with wire or other means that do not damage the tree. The intent is to protect the bark of the
tree against incidental contact by large construction equipment. The contractors shall comply
with the requirements of this Ordinance regarding bark protection.
g. Construction Methods:
i. Boring: Boring of utilities under the critical root zone of a protected tree shall be
required in those circumstances where it is not possible to trench around the critical root
zone of the protected tree. When required,the bore shall be a minimum depth of forty-
eight(48)inches.
ii. Grade Change: If the Administrative Official approves the grade change within the
critical root zone of a protected tree, the procedures noted in the City's standard detail
sheet shall be followed.
iii. Trenching: No trenching shall cross the critical root zone of any protected tree, unless
approved in writing by the Administrative Official or exempted from the application of
this Ordinance. Trenching within the critical root zone shall require the issuance of a tree
permit. The placement of underground utility lines is encouraged to be located outside of
the critical root zone of protected trees. Irrigation system lines shall be placed outside of
the critical root zone,except the minimum number of single head supply lines required to
irrigate within the critical root zone which is allowed within the critical root zone. Any
such irrigation line shall be installed along a horizontal line that bisects the tree trunk,in
the manner that has the least possible encroachment into the critical root zone, and that
extends no further into the critical root zone as is necessary to provide proper irrigation.
iv. Root Pruning: All roots two inches or larger in diameter which are exposed as a result of
trenching or other excavation shall be cut off square with a sharp medium tooth saw and
covered with pruning compound within two hours of initial exposure.
10.0 PUBLIC TREES
10.1 The City shall be responsible for the administration of all trees and associated vegetation located on all
municipal /public domain property, including public street right-of-ways, City owned parks and city
owned properties.
10.2 It shall be the responsibility of the Administrative Official to develop,and administer a written plan for
care, preservation, pruning,planting, removal or disposition of trees and associated vegetation on all
municipal/public domain property.
Ordinance 585-E 19 Southlake Tree Preservation Ordinance
11.0 TREE PRUNING STANDARDS
11.1 PRUNING TECHNIQUE: All pruning shall be conducted in accordance with the most recent
Arboricultural Specifications and Standards of Practice of The International Society of Arboriculture
as published from time to time by the American National Standard for Tree Care Operations (ANSI
A300).
11.2 REQUIRED PRUNING: The owner of land abutting on any public street right-of-way shall be
required to provide reasonable and routine care of trees and vegetation in or adjacent to the right-of-
way, and shall promptly take action to remove all dead, diseased or hazardous trees, or broken or
decayed limbs which may constitute a threat or danger to the safety of the public. Such owners shall
maintain a minimum clearance of fourteen feet(141 above the traveled pavement or curb of a public
street or as approved by the Fire Marshal and a clearance of eight feet (8') above the surface of a
sidewalk.-
11.3
idewalk:
11.3 GROUND LEVEL CUTS: Where protected tree removal is allowed by this Ordinance,but the root
system of the tree to be removed is intertwined with the root system of any protected tree whose
removal is prohibited by this Ordinance, the tree shall be removed by flush cutting with the natural
level of the surrounding ground. Where stump removal is also desired, stump grinding shall be
allowed or,upon written approval by the Administrative Official,a trench may be cut between the two
trees sufficient to cut the roots near the tree to be removed,thereby allowing removal of the remaining
stump with minimal damage to the root system of the tree to be saved.
11.4 TREE TOPPING: It shall be unlawful for any person to top any tree without first obtaining a Tree
Permit, unless an exception listed in Section 5.3 of this Ordinance applies. If it is determined that
topping the tree is necessary because the tree has been severely damaged by storms or other causes,or
in a circumstance making other pruning practices impractical as listed in Section 6.5 of this Ordinance,
a permit allowing the topping of a tree may be issued. However, tree replacement regulations may
apply.
12.0 TREE PLANTING AND REMOVAL STANDARDS
12.1 ACCEPTABLE TREES: The list of trees acceptable for planting on public property or on private
property to meet tree replacement requirements is set forth in Appendix B (attached to and fully
incorporated into this Ordinance). Trees other than those listed as acceptable may only be planted as
replacement trees only upon written approval of the Administrative Official.
12.2 STREET TREE SPACING: Any person planting a street tree shall comply with the requirements
contained in this Ordinance, and the spacing of street trees from the nearest intersecting curb shall be
based upon the street typology designation.
12.3 STUMP REMOVALS: All stumps of street and park trees shall be removed below the surface of the
ground so that the top of the stump shall not project above the surface of the ground,except that the
City may maintain wilderness or naturalistic areas in which naturally occurring stumps may be
permitted to extend above ground level.
12.4 OFFENSE: A person commits an offense if the person:
a. plants any required replacement tree within an area such that the mature canopy of the tree will
interfere with existing or proposed overhead utility lines;
b. plants any required replacement tree or street tree within an area such that the mature critical root
zone of the tree will interfere with existing or proposed underground public utility lines
including water lines, sewer lines, transmission lines or other utilities), or such that the
Ordinance 585-E 20 Southlake Tree Preservation Ordinance
installation and/or maintenance of such utility lines will, in reasonable probability, require
activity in the mature critical root zone of such tree;
c. plants a tree within an area such that the tree,when mature,can reasonably be expected to block
or interfere with a designated sight triangle area (either vertically or horizontally), unless
approved in writing in advance by the Administrative Official;
d. plants a tree within ten feet (10') of an existing or proposed fire hydrant unless approved in
writing by the Fire Department;or.
e. prunes,treats,removes,damages,or destroys any park tree unless the person has been authorized
by the City to do so. The City shall grant such authorization where the tree must be affected in
order to install or maintain a utility line or utility service line.
13.0 PENALTY FOR VIOLATION
13.1 CRIMINAL PENALTIES:
a. Any person who: (1)violates Article 5 of this Ordinance by altering a protected tree without
first obtaining a tree permit from the City,or by altering trees in violation of the permit,or(2)
violates Articles 8 or 9 of this Ordinance by failing to follow the tree replacement procedures
shall be guilty of a misdemeanor and upon conviction shall be fined Two Hundred Dollars
200.00) per diameter inch of the tree(s) altered, not to exceed Two Thousand Dollars
2,000.00)per violation. The unlawful alteration of each protected tree shall be considered a
separate incident and each incident subjects the violator to the maximum penalty set forth
herein for each tree. A person is criminally responsible for a violation of this Ordinance if the
person alters, or permits or causes to be altered, a protected tree without complying with the
requirements of this Ordinance.
b. A person who violates any provision of Article 10 or 11 of this Ordinance shall be guilty of a
misdemeanor and upon conviction shall be fined an amount not to exceed Two Thousand
Dollars($2,000.00).
13.2 CIVIL PENALTIES: Any person who: (1) violates Section 5.2 of this Ordinance by altering a
protected tree without first obtaining a tree permit from the City,or by altering a tree in violation of the
permit, and (2) violates Article 9 of this Ordinance by failing to follow the tree replacement
procedures, shall be assessed a civil penalty equal to Two Hundred Dollars ($200.00) per diameter
inch of the tree(s) altered, not to exceed Two Thousand Dollars ($2,000.00) per incident. The
alteration of each protected tree shall be considered a separate incident and each incident subjects the
violator to the maximum civil penalty set forth herein for each tree. The civil penalties assessed shall
not exceed two times the amount of the payment the person would be required to make into the
Restoration Fund or other specifically dedicated fund as provided in Section 9.7.
13.3 PROCEDURES FOR ASSESSING CIVIL PENALTIES:
a. The Administrative Official shall calculate the amount of the civil penalties as provided for in
this Article. Before assessing any civil penalties as provided in this section,the Administrative
Official shall send written notice to the person who violated this Ordinance by personal delivery
or certified mail,return receipt requested. The notice shall contain:
i. a statement of the violations of this Ordinance for which a civil penalty is being sought;
ii. if possible,a statement of the amount of the civil penalties to be assessed;
iii. a statement that the person may request an administrative hearing before the City Manager
to challenge the assessment of the civil penalty;
Ordinance 585-E 21 Southlake Tree Preservation Ordinance
iv. a statement that if an administrative hearing is not timely requested as provided in this
section,or the trees replaced or payment made pursuant to Article 9,civil penalties will be
assessed.
b. A person may request an administrative hearing before the City Manager by filing a request for
a hearing with the City Manager within 15 days after the notice provided for in subsection(a)is
delivered. Within ten(10) days of the receipt of the request,the City Manager shall set a time
and place for a hearing on the appeal which shall be not later than thirty(30)days from the date
of receipt of the request.
c. Not less than 10 days prior to the date on which the administrative hearing is set,the property
owner shall be sent a notice of the hearing by personal delivery or certified mail/return receipt
requested. The notice shall contain the date,time and place of the hearing and the information
specified in subsections(a),(i)and(ii).
d. After giving the property owner an opportunity to be heard, the City Manager shall weigh all
evidence presented and determine whether to assess civil penalties. If civil penalties are
assessed, the City Manager shall sign a written order setting forth the amount of the civil
penalty. In determining the amount of the civil penalty, the City Manager shall take into
consideration the cost of replacement of protected trees.
e. A civil penalty under this section is final and binding and constitutes prima facie evidence of
the penalty in any suit. The City Secretary shall file with the district clerk of the county in
which the property is located,a certified copy of the order assessing the civil penalty stating the
amount of the penalty.
f. The City Attorney is authorized to file suit to enforce collection of a civil penalty assessed under
this Article.
14.0 ENFORCEMENT
14.1 DEVELOPER'S AGREEMENT: The City shall not approve a developer's agreement unless the
developer's agreement provides that all construction activities shall meet the requirements of this
Ordinance, including any conditions placed by City Council at the time of approval of the Tree
Conservation Analysis or Tree Conservation Plan.
14.2 BUILDING PERMIT: No building permit shall be issued unless the applicant signs an application or
permit request which states that all construction activities shall meet the requirements of this
Ordinance. The Building Official shall make available to the applicant upon request:
a. a copy of the Tree Preservation Ordinance or a condensed summary of the relevant aspects
pertaining to the type of permit requested;and
b. tree protection sign(s)in such quantity as required by this Ordinance.
14.3 ACCEPTANCE OF IMPROVEMENTS AND ISSUANCE OF PERMITS: The City may refuse to
accept any public improvements or issue any permits or certificates relating to the subject property
until the applicant meets all requirements and pays all civil penalties and other monetary obligations
assessed for violations of this Ordinance,provided, however,that acceptance of public improvements
and issuance of permits may be authorized if,with the Administrative Official's approval,the person
furnishes the City with a cash deposit or surety bond in a sufficient amount to satisfy all civil penalties
and monetary obligations assessed and, if any obligation to plant replacement trees applies,to pay to
the City the approximate amount of the cost to replace the trees, as provided in the current schedule
established by the City. Neither the acceptance of public improvements nor the issuance of any
permits or certificates shall constitute a waiver of any violation, a compromise or satisfaction of any
Ordinance 585-E 22 Southlake Tree Preservation Ordinance
fines, penalties, or other obligations, or otherwise prevent the City from enforcing the terms of this
Ordinance.
14.4 CERTIFICATE OF OCCUPANCY: No Certificate of Occupancy ("C.O.") shall be issued until
applicant meets all requirements and pays all civil penalties and other monetary obligations assessed
for violations of this Ordinance,provided,and until all replacement trees required to be planted due to
violations of this Ordinance by the applicant have been planted or appropriate payments have been
made to the Reforestation Fund; provided, however,that a Certificate of Occupancy may be granted
before all trees have been replaced if,with the Administrative Official's approval,the person furnishes
the City with a cash deposit or surety bond in a sufficient amount to satisfy all civil penalties and
monetary obligations assessed and, if any obligation to plant replacement trees applies, to pay to the
City the approximate amount of the cost to replace the trees, as provided in the current schedule
established by the City.
14.5 ILLUSTRATIVE NATURE OF TREE TECHNICAL MANUAL: The illustrative portions of the Tree
Technical Manual are for informational purposes only, and to the extent of any conflict between the
terms of this Ordinance and other material in the manual,the terms of this Ordinance shall control,and
reliance upon any illustrative material shall not be a defense in any action,whether civil or criminal,to
enforce this Ordinance.
15.0 APPEALS AND VARIANCES
15.1 APPEALS:
a. A person affected by an interpretation or decision of the Administrative Official under this
Ordinance may appeal to the Tree Board. Such appeal must be received in writing within ten
10)days after the interpretation or decision has been rendered in writing and delivered to the
property owner,or within ten(10) days of the postmark date if the decision was sent in U.S.
Mail to the property owner. The person shall file the appeal with the Administrative Official
and must describe the both the decision being appealed and the specific grounds on which the
appeal is based, including references to relevant provisions in the ordinance on which such
appeal is based.
b. The Administrative Official shall then schedule a hearing of the appeal at the next available
Tree Board meeting and transmit all the documents pertaining to the appeal to the Tree Board
at a reasonable time prior to the meeting. The Tree Board shall hear the appeal to determine
whether the decision of the Administrative Official was in accordance with all the provisions of
this Ordinance. The decision of the Tree Board shall be final. No decision of the City Council
can be appealed to the Tree Board.
c. If the Tree Board affirms the decision of the Administrative Official,the applicant shall amend
the approved concept,development, or site plan or plat to conform to the requirements of this
Ordinance within thirty days of the Board's decision. If the Tree Board overturns the decision
of the Administrative Official,the development application or plat shall conform to the Board's
decision.
15.2 VARIANCES:
a. The City Council may authorize a variance to any provision of this Ordinance following a
recommendation from the Planning and Zoning Commission. A request for a variance to any
provision in this Ordinance shall be accompanied by a Tree Conservation Analysis or Tree
Conservation Plan as outlined in Article 6, or other documentation requested by the
Administrative Official,and the following factors shall be considered in evaluating the variance
request:
i. Whether a literal enforcement of the Ordinance will create an undue hardship or an
Ordinance 585-E 23 Southlake Tree Preservation Ordinance
unreasonable practical difficulty on the applicant;
ii. Whether the situation causing the unnecessary hardship or practical difficulty is unique
to the affected property and is not self-imposed;
iii. Whether a reasonable accommodation or alternative solution can be made to accomplish
the desired activity without the alteration of the tree;
iv. Whether the variance will injure or be wholly compatible with the use and future or
existing development of adjacent properties;
v. Whether the increased development costs caused by preserving the tree create an undue
hardship on the development of the site;
vi. Whether there is any identified adverse effect of the alteration or preservation on
erosion,soil moisture retention,flow of surface water,and drainage systems;
vii. Whether there is any substantial impact to the buffering of residential areas from the
noise,glare,and visual effects of non-residential uses;
viii. The costs versus the benefits of relocating required utility service infrastructure and
easements based on preservation or alteration of protected trees;
ix. Whether the proposed tree replacement procedures adequately mitigate the alteration of
the tree;
x. Whether the alteration adversely affects the public health,safety or welfare;and
xi. Whether the granting of the variance will be in harmony with the spirit and purpose of
this Ordinance to the greatest degree reasonably possible.
b. A person requesting a variance from the provisions of this Ordinance shall do so in writing to
the Administrative Official. All variance requests shall be accompanied by a completed
application and non-refundable filing fee in the amount specified in the current fee schedule
adopted by City Council. In absence of such a fee schedule,the filing fee shall be$250.
c. The Administrative Official shall then schedule a hearing of the variance at the next available
Planning and Zoning Commission meeting and transmit all the documents pertaining to the
appeal to the Planning and Zoning Commission at a reasonable time prior to the meeting. The
Planning and Zoning Commission shall hear the variance to determine whether it should be
granted or denied, and make a recommendation to the City Council. After the Planning and
Zoning Commission makes its recommendation, the decision was in accordance with all the
provisions of this Ordinance. The Administrative Official shall then request that the City
Manager schedule a hearing of the variance at the next available City Council meeting and
transmit all the documents pertaining to the appeal to the City Council at a reasonable time
prior to the meeting. The City Council shall hear the variance to determine whether it should
be granted or denied,and the decision of the City Council shall be final
16.0 SEVERABILITY
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs
and sections of this Ordinance are severable,and if any phrase,clause,sentence,paragraph or section of this
Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council
Ordinance 585-E 24 Southlake Tree Preservation Ordinance
without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
17.0 CONFLICTING ORDINANCES
This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City;and this
Ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions
thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such
conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed except as follows.
Specifically, Section 3.4 of Ordinance No. 585-A, which provides that all developments which have not
submitted final construction plans as of December 17, 1997 shall be subject to the requirements for tree
protection and replacement specified in said Ordinance,is saved from repeal,so that it will continue to apply
to projects in construction. Further, the first sentence in Section 3.5 c. of Ordinance No. 585-A, which
provides that all builders who have not submitted a request for a building permit as of December 17, 1997 are
subject to the requirements of the Ordinance,is hereby saved from repeal. Said sections shall continue in full
force and effect for such purpose. Further, the provisions of Ordinance No. 585-B shall continue to be
effective and applicable to those developments as described in and set forth in Section 20. Such provisions
shall continue in full force and effect for such purpose.
18.0 SAVINGS CLAUSE
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the
provisions of any ordinances affecting the regulations for the preservation of trees that have accrued at the
time of the effective date of this Ordinance;and,as to such accrued violations and all pending litigation,both
civil and criminal,whether pending in court or not,under such ordinances,same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
19.0 PUBLICATION CLAUSE
The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption
and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10)
days before the second reading of this Ordinance, and if this Ordinance provides for the imposition of any
penalty,fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally
publish this Ordinance in the official City newspaper one time within ten (10) days after passage of this
Ordinance,as required by section 3.13 of the Charter of the City of Southlake.
20.0 EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage and publication as required by law,
and it is so ordained. A person who has applied for approval of a preliminary plat, development plan,
concept plan or site plan before the effective date of this Ordinance shall be required to comply with the
provisions of Ordinance No. 585-B and shall not be required to comply with the requirements imposed by
this Ordinance unless one of the following occurs:
20.1 An application for preliminary plat approval for the project being developed was filed before
September 1,2005 and expires without a final plat being approved on or before the second anniversary
of the date of approval of the preliminary plat; or if a final plat is approved on a portion of the
property, the remaining property included within the plat expires without a final plat being approved
on or before the first anniversary of the date of approval of a portion of the preliminary plat;
20.2 The project being developed was initiated by a preliminary plat application filed on or after September
1,2005,but no progress has been made on the project before the second anniversary of the date of the
application. For purposes of this section, "progress"shall have the meaning described in Tex. Local
Gov't Code Sec.245.005(Vernon 2005);or
Ordinance 585-E 25 Southlake Tree Preservation Ordinance
20.3 The project is abandoned or significantly altered such that it is a new project. For purposes of this
Ordinance, a project shall be deemed to be abandoned or altered in the event the applicant files an
application for approval of another permit for the property for which a project is pending and the
permit sought is for different uses or for a different configuration of the property.
20.4 Should the conditions in any subsection set forth above be met, or should the applicant request, the
provisions of this Ordinance shall be controlling and shall apply to the applicant's project.
Ordinance 585-E 26 Southlake Tree Preservation Ordinance
PASSED AND APPROVED on the 1st reading the 7th day of November,2017.
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ITY SECRETARY
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PASSED AND APPROVED on the 2nd readih t h day of Dec•mber,2017.
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APPROVED AS TO FORM AND LEGALITY:
CI Y ATTORNEY
Ordinance 585-E 27 Southlake Tree Preservation Ordinance
APPENDIX A
Requirements for Alternative to Tree Surveys and Tree Surveys
Requirement Alternative to a Tree Survey
Tree Survey
1. Appropriate title Yes Yes
2. Title Block with project name,address,lot and block number,subdivision, Yes Yes
city,and date of preparation
3. North arrow,graphic,and written scale(no larger than 1"=200') Yes Yes
4. Prepared by licensed surveyor,landscape architect,or other person as No Yes
approved by the Landscape Administrator
5. Name,address,contact information of the owner and the person preparing Yes Yes
the document
6. Location of all R-O-W lines,property lines,and easements(easement Yes Yes
locations required for tree surveys only)
7. Identification of areas with environmental constraints including tree stands, Yes Yes
creeks,steep grades(over 5%),view sheds,ponds,wetlands,etc.
8. Aerial photography of the site showing existing tree canopy on the site Yes No
clearly
9. All individual trees shown on a plan tied by horizontal control(i.e. No Yes
dimensions from lot lines,or placed through coordinates determined via a
site survey
10. Tree preservation areas as identified by a Tree Conservation Analysis or Yes Yes
Tree Conservation Plan
11. All individual protected trees shown with the caliper size and species No Yes
12. All protected tree stands with average caliper sizes of trees and species Yes No
distribution
13. Location of all improvements proposed on the lot(buildings,parking lots, Yesl* Yes
pools,etc.)
14. Areas of cut and fill,if any,on the site No Yes
15. Final grading and drainage plans No Yes
16. Status of all individual trees on the lot after proposed improvements have No Yes
been made(trees that protected,removed,or can possibly be saved based
upon site specific conditions)
17. General status of tree stands on the lot after proposed improvements have Yes No
been made(trees that protected,removed,or can possibly be saved based
upon site specific conditions)
18. Identification of existing vegetative buffers adjoining existing development Yes Yes
19. Stream/creek buffers,if any Yes Yes
20. 2-foot contours Yes No
21. 1-foot contours(for non-residential development only) No Yes
Required for site plans only.
Ordinance 585-E 28 Southlake Tree Preservation Ordinance
APPENDIX B
RECOMMENDED TREE PLANTING LIST
Common Name Botanical Name
Pecan Carya illinoensis
Cedar Elm Ulmus crassifolia
Shumard Red Oak Quercus shumardii
Texas Red Oak Quercus texana
Live Oak Quercus virginiana
Bur Oak Quercus macrocarpa
Post Oak Quercus stellata
Black Jack Oak Quercus marilandica
Lacebark Elm Ulmus parvifolia
Chinese Pistache Pistacia chinensis
Sweetgum Liquidambar styracua
Austrian Pine Pinus nigra
Chinquapin Oak Quercus muhlenbergii
Southern Magnolia Magnolia grandlora
Bald Cypress Taxodium distichum
Caddo Maple Acer barbatum'Caddo'
Texas Hickory Carya texana
Western Soapberry Sapindus drummondii
Eastern Red Cedar Juniperus virginiana
American Elm Ulmus amiricana
Ordinance 585-E 29 Southlake Tree Preservation Ordinance
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11/21/2017 600637 600637 CITY OF SOUTHLAKE
MAKE CHECKS PAYABLE TO
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CITY OF SOUTHLAKE PO BOX 51847
1400 MAIN ST Livonia.MI 48151
STE 440
SOUTHLAKE,TX 76092-7604 Billing Contact Sales Rep.Credit Email
ssccreditandcollections@mcclatchy.com
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d I PAGE* 5 I BILLING DATE
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AFFIDAVIT OF PUBLICATION
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600637 0003397889 PUBLIC HEARING NOTICE CITY OF SOUTHLAI 21800121 48 96 1 36.00 L
Attention: THE STATE OF TEXAS
CITY OF SOUTHLAKE County of Tarrant
1400 MAIN ST
STE 440
Before me. a Notary Public in and for
SOUTHLAKE,TX 760927604
said County and State,this day
personally appeared CHRISTINE
LOPEZ. Bid and Legal Coordinator
PUBLIC HEARING NOTICE for the Star-Telegram, published by
CITY OF SOUTHLAKE,TEXAS the Star-Telegram. Inc. at FortNoticeisherebygiventoallinter-
ested persons that the City of Worth. in Tarrant County. Texas. andSouthlake, Texas, will consider
the following items in the Coun- who, after being duly sworn. didcilChambersatTownHall,1400
Main Street, Southlake, Texas depose and say that the attached
for
The City Council on Tuesday, De- clipping of an advertisement wasI
cember 5,2017 at 5:30 p.m.will published in the above named paperholdapublichearingandconsid-
er: on the listed dates
Ordinance No. 480-731 (ZA17-
080), Zoning Change and Site
Plan for White Line Self Storage
on property described as Tracts
6D8 and 6D9,J.G. Allen Survey,
Abstract No. 18, City of 1 Insertion(s)Southlake, Tarrant County,
Texas and located at 750 Davis
Published On:Blvd. and 2360 Michael Dr.,
Southlake, Texas. Current Zon-
ing: "AG" Agricultural District. November 18.2017
Proposed Zoning: "S-P-1" De-
tailed Site Plan District. SPIN
Neighborhood
Ordinance No. 585-0, amending
the City of Southlake Tree Pres-
ervation Ordinance and Techni-
cal Manual.
All interested persons are urged to
attend.
City of Southlake
Carol Ann Borges,TRMC
City Secretary
Principal Clerk)
SUBSCRIBED AND SWORN TO
BEFORE ME THIS 20th day of
November in the year of 2017
01614) qt--)alt---.\Notary Public
Star-Telegram
Arlington MEDIAA€lingto+n r i .e...a ural The 1,cell iCitizen La Estrella
McnsfiUli News-Mirror j Star-Telegram Northeast I Weatherford Sia".x' t g'an
star-telegram.com 1808 Throckrnorton St. I Ft Worth,Tx.76102-6315
MEMO INVOICE *** Fed IDA 26-2674582
231 TOTAL AMOUNT DUE
80.03
SALES REP 124 ADVERTISER INGCRMATION
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12/14/2017 600637 600637 CITY OF SOUTHLAKE
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CITY OF SOUTHLAKE
Star-Telegram-Advertising
PG BOX 51847
1400 MAIN ST Livonia.MI 48151
STE 440
SOUTH LAKE,TX 76092-7604 Billing:Contact Sales Rep.Credit Email
ssccreditandcollections@mcclatchy.com
p
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THIS ISA MEMO INVOICE AND MAY OR MAY NOT REFLECT ALL CHARGES OR CHANGES THAT OCCUR ON THE FINAL INVOICE.
PLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCE
StarTelegramBILLING PERIOD 2 I ADVERTISER/CLIENT NAME
MEDIA 12/1412017 CITY OF SOUTHLAKE
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22 TOTAL AMOUNT DUE
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AFFIDAVIT OF PUBLICATION
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600637 0003427667 ORDINANCE NO585-c AN ORDINANCE OF TF 218001.21 575-03 1 41.00 LI
Attention: THE STATE OF TEXAS
CITY OF SOUTHLAKE County of Tarrant
1400 MAIN ST Before me, a Notary Public in and for
STE 440 said County and State,this day
SOUTHLAKE,TX 760927604 personally appeared CHRISTINE
LOPEZ. Bid and Legal Coordinator
for the Star-Telegram, published by
the Star-Telegram. Inc.at Fort
Worth. in Tarrant County. Texas. and
who. after being duly sworn.did
ORDINANCE NO.585-E
AN ORDINANCE OF THE CITY OF depose and say that the attached
SOUTHLAKE AMENDING ORDI-
NANCE 585-B, WHICH ESTAB-clipping of an advertisement was
LISHES THE REGULATIONS
FOR THE PRESERVATION OF
published in the above named paper
TREES; PROVIDING FOR THE on the listed dates:
PURPOSE AND INTENT; PRO
VIDING FOR DEFINITIONS; RE-
QUIRING A TREE PERMIT TO
ALTER A PROTECTED TREE;
PROVIDING TREE PRESERVA-
TION CRITERIA AND REVIEW 1 Insertions)
PROCESSES FOR TREE CON-
SERVATION ANALYSES, TREE
CONSERVATION PLANS, AND Published On
TREE PERMITS; AMENDING
THE TREE PROTECTION AND December 10 2017
REPLACEMENT REQUIRE
MENTS; PROVIDING TREE
PLANTING AND TREE REMOV-
FOR
TANDARDSALS
ENFORCEMENTLOVIDING
PROCE-
NALEP
NALTIESS
AND CIVILFORD VIOLA-
TIONS;
OLCRIA-
SS
FOR
APPEALSI
AND
VARIA
AN -
CES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A
SEVERABILITY CLAUSE;PRO-
VIDING A
CUMULATIVE
CLAUSE;PROVIDING FOR PUB-
LICATION IN
PROVIDINGHE
FFICIAL
NEWSPAPER; AND
AN EFFECTIVE DATE.
Dr)A2nd D ONTHE5THnDAY
2nd
readingAN
OF December,2017.
MAYOR: LAURA HILL principal Clerk)
ATT STSECRET ARA
NN BORGES,
SUBSCRIBED AND SWORN TO
BEFORE ME,THIS 12th day of
December in the year of 2017
Notary Public
TruckE# Dept VINSerialNum Year MakeModel Description LicPlate Status DriversName
0011 70-11 4VHJCMHE3XN866908 1999 VOLVO CLAW TK FHW8095 Active
0024 70-11 1FTSX215X8ED41902 2008 FORD F250 TOOL TRUCK FDK5240 Active
0038 70-11 3ALACXFC2JDJK2619 2018 FREIGHTLINER/M2 106 BUCKET TRUCK 4674176 Active
0041 70-13 1FDWF36L14ED22078 2004 FORD F350 SPRAY RIG BC54802 Active
0054 70-11 1FTNF20508EC95949 2008 FORD F250 PICKUP BF80338 Active Patrick Fern
0055 70-11 1HTMPAFM45H158088 2005 International 4200 Chipper Truck DRR4805 Active
0056 70-11 1FTMF1C87HKD59059 2017 FORD F150 PICKUP(REGULAR CAB-WHITE) JNS9583 _ Active Nate Day
0058 70-11 1FTMF1C80HKD53989 2017 FORD F150 PICKUP JNS9582 Active
0083 50-18 1FD8W3HTOEEA14732 2014 FORD F350 XL SUPERDUTY UTILITY TRUCK CPM8628 Active
0091 70-11 3ALHG3DV6DDFE3939 2013 FREIGHTLINER 114SD CLAW TRUCK DXD3428 Active
0105 70-13 1C6RR6FG1DS697877 2013 DODGE RAM 1500 PICKUP KGR3200 Active
0117 70-11 1FTNX20555ED03603 2005 FORD F250 EXT-CAB PICKUP CSW3262 Active
0123 70-11 3FDNW65A72MA20024 2002 FORD F650 CHIPPER TRUCK HGL3573 Active
0128 70-11 1FVACWDU9EHFF7559 2014 FREIGHTLINER BUCKET TRUCK CFS1136 Active
0130 70-11 1FVACWDU9FHGH2003 2015 FREIGHTLINER M2-106 BUCKET TRUCK FHW7163 Active
0131 70-13 1FT7X2B67GEC97076 2016 FORD F250 PICKUP HPN5858 Active Gene Gehring
0133 70-11 1GDM7C1C15F519422 2005 GMC/C7500 FORESTRY BUCKET-73' DXM2931 Active
0139 70-11 2WLPCC31O1K970620 2001 WESTERN STAR 4964EX CLAW TRUCK DHV0178 Active serical number 4110001r2-642860
0144 70-11 1fVACWDU4CHBV7670 2012 FREIGHTLINER BUCKET TRUCK M2-106 BX29856 Active
0148 70-11 1FTNF1CF6EKG09552 2014 FORD F150 PICKUP FLW 7387 Active Sean Simons
0149 70-11 1FTNF1CF7DKD88686 2013 FORD F150 PICKUP CRC6899 Active Steve Driskill
0153 70-11 1FDAW56RX8EB69054 2008 FORD F550 SD CHIPPER TRUCK FZV1886 Active
0154 70-11 1GCHC24K78E191481 2008 CHEVY 2500 PICKUP TRUCK CJT1992 Active
E010 70-11 18116 7/2/2002 BANDIT BRUSH CHIPPER 250XP M046879 Active
E018 70-11 1VR2161V181001456 2008 VERMEER BC1500 BRUSH CHIPPER 929M39 Active
E019 70-11 4FMUS1511ER001753 2014 BANDIT 1390XP CHIPPER M059356 Active
E024 70-11 001588 2006 BANDIT 1590 DRUM CHIPPER 930M39 Active
E032 70-11 1E9US2226H5589013 2017 Edgewood Welding/013 22'STORM TRAILER 705791J Active
E046 70-11 FMUS1318ER001932 2014 BANDIT 990XP-N CHIPPER M059357 Active
E063 70-13 366381UBQB10 2001 185 CFM INGERSOL RAND AIR COMPRESSOR M046856 Active
TruckE#_Dept VINSerialNum Year _MakeModel Description LicPlate Status DriversName
E068 70 13 4FVCABAAO6U366381 2006 185 CFM INGERSOL RAND AIR COMPRESSOR M006148 Active
E070 70-13 16VAX1015A2A51800 2010 BIG TEX 10' SINGLE AXLE TRAILER 11761D Active
E147 70-11 1VRY1119581011195 2008 VERMEER BC-1000 CHIPPER MO59378 Active
F153 70-13 2011 HOMEMADE TRAILER 86126H Active
E156 70-11 1VRY1119371008813 2007 VERMEER/BC-1000 CHIPPER M059359 Active
E158 70-11 C100LGP0030212 2011 RAYCO CRAWLER FORESTRY MOWER Active
E175 70-11 251027 2012 BANDIT 2550 STUMP GRINDER Active
E179 70-11 1DGRS1019DM000177 2012 DOLITTLE 6610 TRAILER 693337H Active
E181 70-11 161E0162871044024 2007 BELSHE 18' TL19 TILT BED TRAILER 3528881 Active
E189 70-11 161F0121471044020 2007 BELSHE TRAILER 2414211 Active
E226 50-18 1A9BU101XGL790075 2016 BP 5X10 UTILITY TRAILER FOR AIR COME 3575881 Active
CITY OF
SOUTHLAKE
ADDENDUM NUMBER# 1
To: All Proposers Date: December 23,2019
Request for Proposal: RFP1911B200TS1900023 Provide Tree Services for City of Southlake
Proposal Due Date: 3:00 p.m.,Tuesday January 7,2020
1. Addendum No. 1. dated December 23, 2019, per Addendum #1, the City of Southlake is answering
vendor submitted questions.
Question: Will this proposal need to take into consideration any pruning or line clearance trimming within
10' of high voltage powerlines?
Answer: No. Pruning or trimming services around high voltage powerlines are coordinated through the
electrical provider.
2. There are no other changes.
f Mary G(organ
Deputy Director,Finance
City of Southlake
In the submission of their proposal, Proposer must acknowledge receipt of this addendum. Proposer shall
acknowledge this addendum by signing and returning one copy of this notice with their proposal submission.
2
Signed: Dated: / )tf'
Company Name:11 'r a s 5-
City of Southlake • Finance Department • 1400 Main Street Suite 420 • Southlake,Texas 76092
617.748.8312
Primary Responses
Success:All data is valid!
O x ?
Deit Price '
Decision ate
Services With Aborist
Tree Pruning Services with a Two(2)Man Crew
1 Per Hr $185 00 $185.00
Success:All values provided Bid #1-1
and Equipment
1 2
Tree Pruning Services with a Three(3)Man Crew 1 Per Hr $235.00 $235.00
Success:All values provided Bid and Equipment
1-3
Tree Pruning Services with a Four(4)Man Crew 1 Per Hr $295 00 $295 00
Success:All values provided Bid and Equipment
Services Without Aborist
Tree Pruning Services with a Two(2)Man Crew 1 Per Hr $175.00 $175.00
Success:All values provided Bid #2 1
and Equipment
Tree Pruning Services with a Three(3)Man Crew
1 Per Hr $235.00 $235.00
Success:All values provided Bid #2-2 and Equipment
Tree Pruning Services with a Four(4)Man Crew
1 Per Hr $285 00 $285.00
Success:All values provided Bid #2-3
and Equipment
Roadway Right of Way Clearing
Success:All values provided Bid #3-1 2 man crew(1)tree climber—(1)ground man1 Per Hr $185 00 $185.00
Success:All values provided Bid #3-2 3 man crew(2)tree climber—(1)ground man1 Per Hr $220.00 $220.00
Success:All values provided Bid #3-3 4 man crew(2)tree climbers and(2)ground men1 Per Hr $270.00 $270.00
Additional Services
Success:All values provided Bid #4-1 Tree Cabling/Bracing,(2)man crew1 Per Hr $175.00 $175.00
Success:All values provided Bid #4-2 Air Spade Services with(2)man crew1 Per Hr $165 00 $165.00
4Additional
crew member for Traffic Control,tree
1 Per Hr $45.00 $45.00
Success:All values provided Bid "3
pruning or tree removal services
Success:All values provided Bid #4-4
Knuckleboom Truck for debris removal with 1 Per Hr $185.00 5 185.00
operator
Success:All values provided Bid #4-5 Bucket Truck with Operator1 Per Hr $145.00 $145.00
Stump Grinding to Include All Stumps 1 Per Each $100.00 $100.00
Success:All values provided Bid #4-6 Regardless of Diameter
Cost per hour for Certified Arborist to perform or
1 Per Hr $75.00 $75.00
Success:All values provided Bid #4-7
supervise work as required or requested
Fertilization-Soil Injection I Foliar
Success:All values provided Bid #5-1 Fertilization—Soil Injection/Foliar.Per Inch.1 Per Inch $12.50 $12.50
Success:All values provided Bid #5-2 Fertilization—Soil Injection/Foliar.Per Sq.Ft. 1 Per Square Foot $1.00 1.00
Success:All values provided Bid #5-3 Fertilization—Soil Injection I Foliar.Per Gallon 1 Per Gallon $10.00 $10.00
Pesticide Application-Soil Injection I Foliar
Success:All values provided Bid #6-1
Pesticide Application—Soil Injection I Foliar.Per
1 Per Inch $12.50 $12.50
Inch.
6-2
Pesticide Application—Soil Injection I Foliar.Per1 Per Square Foot $1 00 too
Success:All values provided BidSq.Ft.
Success:All values provided Bid #6-3
Pesticide Application—Soil Injection/Foliar.Per
1 Per Gallon $10 00 $10 00
Gallon
Additional Vendor Fees Not Listed
All vendor travel charges should be included in
Success:All values provided Bid #7-1 hourly rates listed above.If they are not please 1 Per Mile $0.00 0.00
list travel charge per mile.
Per Mile charge to job location after 50 miles Per Mile After 50 $o.00 o.00
Success:All values provided Bid #7'2 1from76092
Miles
Success:All values provided Bid #7-3 Fuel Surcharge 1 Per Each Invoice $0.00 0.00