Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item 4E
CITY OF SOUTHLAKE MEMORANDUM February 2, 2016 To: Shana Yelverton, City Manager From: Sharen Jackson, Chief Financial Officer Timothy Slifka, Purchasing Manager Subject: Item 4E Authorize contract renewals for City tree services to Alpine Tree Service, Inc., Arbor Masters Tree Service, and Smith Lawn and Tree Action Requested: Authorize contract renewal for tree services with Alpine Tree Services Inc., Arbor Masters Tree Service, and Smith Lawn and Tree Background Information: In February 2015 the City Council approved the contracts for citywide tree services. This is the first of four possible renewals for the contracts. The contracts include the City of Keller and City of North Richland Hills as participating cities. The City of Southlake is the lead agency. The contracts include service requirements from each of the cities. The multi-city contracts provide all tree services for the City of Southlake, City of North Richland Hills and City of Keller 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 By combining these individual city services together under one contract all cities benefit from the expanded purchasing power. Financial Considerations: In FY 2015, Southlake spent approximately $120,000 on these services. Funding for these services is included in departmental maintenance budgets. 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. Crnr OF SOLMH AKE December 30,2015 Alpine Tree Service Inc. 1900 Brumlow Ave. Southlake,Texas 76092 Attn: Mr. Derek Neubauer Subject: Notification of Contract Extension for Tree Services for City of Southlake RFP1409B200TS 140012 Dear: Mr.Neubauer: The City of Southlake is providing notification of contract extension,pending City Council approval,for"Tree Services for City of Southlake RFP 1409B200TS140012". This extension shall become effective February 17,2016 pending City Council approval(CC Award date )and shall continue in full force based on the terms and conditions of the initial award. The terms and conditions proposed and accepted in this renewal agreement are as follows: Line Items Awarded: All Items Primary Vendor with arborist per department needs 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 RFB 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 440,Accounts Payable Southlake,TX 76092 or Email: accountstnavablekci.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 CPPD,CPPB City of Southlake 1400 Main Street, Suite 440 Southlake,Texas 76092 tslifkakci.southlake.tx.us Attest: Fax: 817-748-8048 Lori Payne,TRMC Contract Renewal Accepted: City Secretary Signed: Date: Approved as to Form and Legality: Mayor Laura Hill City of Southlake City Attorney CrrY OF SCUMLAKE ORIGINAL DOCUMENT CITY OF SOUTH 19 Council Actiow OrdJRc&No Date Approved July 15, 2015 Alpine Tree Service Inc. 1900 Brumlow Ave Southlake, Texas 76092 Subject: Contract Amendment#1 for Tree Services for City of Southlake RFP1409B200TS140012 Dear Mr. Neubauer: The City of Southlake's contract for Tree Services for City of Southlake RFP1409B200TS140012 requests the following: 1. Removal of Services Without Certified Arborist and all associated pricing schedules. This will also remove the Primary Award for these services. Future contract renewals shall be for Services With a Certified Arborist only. All other terms and conditions of original contract are unchanged. 2. No other changes are requested Sharen J son Chief Financial Officer, City of Southlake By signing this amendment, vendor is acknowledging and agreeing to the additions made to the terms and conditions as stated in the existing contract. Vendor must acknowledge receipt of this amendment by signing both copies and returning one signed original amendment to: City of Southlake Finance Department 1400 Main Street Suite 440 Southlake, Texas 76092 Attention Tim Slifka. Si Printed Name: Pe-re-k Ne r' Title: Fre-S;dtrn-r" Company Name: 14141ke— 2ct Spr✓.��j,Z�_ Dated: "-Z2st Please call 817-748-8312 with any questions. .� ••••••••,•••, Sincerely, ATTE r _ rL O; :cnc Y4�— LORI PAYNE,TR CITY SECRETARY •'•••.......•••'• , Tim Slifka Purchasing Manager CPPD, CPPB tslifka@ci.southlake.tx.us Fax: 817-748-8048 cuss Or ORIGINAL DOCUMENT SOUTHLAKE CITY OF SOUTH KE Council Actionrot Ord./Res.No. 19 Date Approved L7 15 February 11,2015 Alpine Tree Service Inc. 1900 Brumlow Ave. Southlake,Texas 76092 Attn: Mr. Derek Neubauer Subject: Award of Contract for Tree Services for City of Southlake RFP1409B200TS140012 Dear Mr. Neubauer: The City of Southlake is pleased to inform you that Alpine Tree Service, Inc. of Southlake, Texas is the Primary awarded vendor for "Tree Services for City of Southlake RFP1409B200TS140012" with arborist and without arborist. The award and this agreement are based on your proposal submission, copy enclosed. This is a multiple vendor award contract.Your company's is the Primary vendor for this contract.This award was approved by the City of Southlake City Council on.2 The terms and conditions proposed and accepted in this agreement are as follows: Line Items Awarded All items Primary Vendor with and without Arborist per department needs. 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 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 initial City Council approval 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 440,Accounts Payable Southlake,TX 76092 or via email to accountsoayable cDci.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, CPPD, CPQ ���•�','�H�jr4K`''•,,• Purchasing Manager ��•`_pJ°,.••••..F),+,,� City of Southlake /� ?4 :°• °•�t� 1400 Main Street, Suite 440 • // •°7`y Southlake,Texas 76092 tslifka .ci.southlake.tx.us Attest: 3 Fax: 817-748-8048 Lori Payne, TRM 'r,, °•...�•..•°" „�•� Contract and Award Accepted: City Secretary `'•,,••�t�•®m y� N��.°� Signed: Date: �'� Approved as to Form and Leg ity: Mayor John Terrell City of Southlake City Attorney J Appendix B — Proposal Submittal Checklist: (To determine validity of proposal) Appendix B{pages_9_through_20J must he included in the proposal submittal Appendix C Conflict of Interest Form(page_20_)must be included in the proposal submittal. V/Vendor Vehicle and Equipment List 1' Arborist Certification Information RFP Number: RFP1409B200TS140012 Project Title: PROVIDE TREE SERVICES Submittal Deadline: 3:00 P.M. (CST), FRIDAY NOVEMBER 14, 2014 Submit electronically* to: www.securebidusa.com * Requires email account loin and password. }�yy Proposer Information: Proposer's Legal Name: _;V, e- Z"I C Address: QCsI`v.t+l-w City,State&Zi to^► � Federal Employers _ Identification Number# g, qq,j Phone Number: -457 - T33 Fax Number: '91- .q1- (L f 4 E-Mail Address: mA � ' 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 Nance and Position of Autho7,7c e—#m!s ve: t�- Signature of Authorized Represen Signed this (day)of —IV::*,Vsr-t e r' (month), (year) I learned of this Request for Proposals by the following means: n� Newspaper Advertisement City E-mail Notification I� Southlake Website Cold Call to City Mailed Me a Copy L_ Other SecureBid City of Sauticial.c - RFP1409B200TS140012 - Pa<re 9 of 21 Appendix B—Proposal(continued) I. 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. Proiect Schedile/Deliver- 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: Item# Description of Products/Services Rate SERVICES WITH CERTIFIED ARBORIST ON STAFF 1. Pruning Services Tree Pruning Services with a Two C)Man Crew L and _Equipment er Scope of Services $ j /hour Tree Pruning Services with a Three(3)Man Crew and E ui ment per Scope of Services S j ' thour Tree Pruning Services with a Four(4)Man Crew and Equipment er Scope of Services $ �1 'hou_r 2. Right-of-Way Clearance Roadway Right of Way Clearing Per Scope of Services S l D.v man/hour 3. Tree Removal Services 1 E 2 man crew(1)tree climber--(1)ground man $ �'e hour 3 man crew(2)tree climber—(1)ground man $ 2-I6 'hour Other Crew configuration. Please list. L ;�Ctll1�'IL'izt_.���le"t'UC./.fps Sly�. hour City of Southlake - RFP140913200TS140012 - Page 10 of 21 4. Stump Grinding Stump Grinding to Include All Stumps Regardless of Diameter Per Scope of Services `inch 5. Certified Arborist Cost per hour for Certified Arborist to perforin or �hAfz= supervise work as required or requested per Scope $ '� per hr. of Services *010 4, i; ,f; 0-,4 ", z C r Mart- 6. airt..6. Fertilization and Pesticide A lication S /inch Fertilization Fertilization—soil injection foliar S 0 /sq.ft S - � %gallon i $ &i �f inch Pesticide Application soil injection!foliar $ w ;gallon 7. Travel Charge All vendor travel charges should be included in Sper mile hourly rates listed above. If they are not please list travel charge per mile. aft miles 8. Other Vendor Fees Other Vendor Fees as Required. Please Describe. S _ S Try t i 1 { City of Southlake - RFP1409B200TS140012 - Page I 1 of'1 -s- 77-6,1 fly b, as r Itern# Description of Products/Services Rate eA14,t-0Sr ever, SERVICES WITHOUT CERTIFIED ARBORIST ON STAFFsem_ J 1. Pruning Services Tree Pruning Services with a Two(2) Man Crew /7 and Equipment per Scope of Services /hour 5" Tree Pruning Services with a Three(3) Man Crew and Equipment per Scope of Services S /hour Tree Pruning Services with a Four(4) Man Crew and Equipment per Scope of Services SM ./hour 2. Right-of-Wav Clearance Roadway Right of Way Clearing Per Scope of Z Services $ man/hour 3. Tree Removal Services 2 man crew(1)tree climber—(1)ground man — S MY. /hour man crew(2)tree climber—(1)ground man ,"hour Other Crew contwuration. Please list. -/ 7- /ho!!r 4. Stump Grinding Stump Grinding to Include All Stumps Regardless of Diameter Per Scope of Services S ,'inch 5. Fertilization and Pesticide Application S -!inch Fertilization—soil injection r foliar $ -g20 /sq.ft allon S /C7: inch Pesticide Application—soil injection! foliar S sq.ft S 'gallon 6. Travel Charge All vendor travel charges should be included in S /per mile houriv rates listed above. If they are not please list : ' travel charge per mile. afte'r miles 7. Other Vendor Fees Other Vendor Fees as Required. Please Describe. S S City of Southlake RFP1409B200'FS140012 Nee 12 of 21 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 renewedpursuant to the availability of funds and at the discretion of the City. The following clauses shall be included in the contract: 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 ifi`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 die 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(FY 2015-2016) ESCALATION........................... 0 % SECOND ADDITIONAL, YEAR(FY 2016-2017) ESCALATION................. 0 THIRD ADDITIONAL YEAR(FY 2017-2018) ESCALATION......................... 0 % FOURTH ADDITIONAL YEAR(FY 2018-2019)ESCALATION...................... 0 % 4. Proposer's Experience/Staff A. Proiect 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; City of Southlake - RFP1409B200TS140012 - Page I3 of 21 State the number of years experience the business has: _ IL; and the number of employees: 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. 5. References Proposer shall provide four(4)references where Proposer has performed similar to or the same types of services as described herein. Reference A 1: Client/Company Natne: ci�nj Of s Contact Name:ff Contact Title: Phone- Email: {1/ Date and Scope of Work Provided: `d et_ pr �;.Ry, ' �d C , ze. Reference 42: Client`Company Name: jj ! Contact Name: a ,r �j/f} / t�1`xk'ry� �Qs�.��:,�,,�,r Contact Title: cq 5 ,f k 5 •,d to e r Phone: Email: -7qJ &05 �J _:I iln Date and Scope of Work Provided: Tr,,- r . .. ..I , �`] tj✓ f f P!�_ e 1L c. s Reference#3: Client Company Name: ----1 f Contact Name: Contact Title: } Phone: }J y$ Email: ate and Scope of Work Provided: r .a ..I, �u\4 reQ _ _ f .��.f'� 'Ifs. .SE FFf i ,j !'�.:,•i!�tV'�1` r�vy V914— Reference � 14— Reference IM: Client Company Name: D7 Contact Name: Contact Title: p "A Phone: Email- Date and Scope of Work Provided: r � 4.2 ..p . City of Southlake - Rig Pl-t09B200TS1J0012 Page 14 of 21 6, Trade Secrets and/or Confidential Information Trade Secrets and/or Confidential Information: This proposal ___(does) _V/(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. 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 RFB 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 RFB 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. [tf] Yes, Others can purchase, [ ] No, Only the City can purchase. 8. Federal,State and/or Local Identification Information A. Centralized Master Bidders List registration number: B. Prime contractor HUB f MWBE registration number: C. An individual Proposer acting as a sole proprietor must also enter the ProposeCs Social Security Number: f -if. CONTRACT TERMS AND CONDITIONS. EXCEPT WHERE PROPOSER ?MAKES:SPECIFIC EXCEPTION LN THE SUBMITTED PROPOSAL,ANY CONTRACT RESULTING FROM THIS RFP WILL CONTAIN THE FOLLOJVTVG TERMS AND CONDITIONS, TVHICH PROPOSER HEREBY ACKNOWLEDGES, AND TO WHICH PROPOSER AGREES BY SUBMITTING A PROPOSAL: 1, Delivery of Products and/or Services A. Pavment "Germs: 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 tinder this contract shall be warranted to be merchantable and good duality 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 ass::ss 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. City of Southlake - RFP1409B200"1-SI40012 - Page 15 of 21 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 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 begrounds 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. Authori!y 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 Lav: 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. 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 ia%v and complying with the laws of the State of l eras: ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal Lnjury, 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: City of Southlake - RiP1409B200TS140012 - Page 16 of 21 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 ofSouthlal:e - RFP1=109B200TS140012 - Page 17 of 21 Appendix C — Form CIQ INFQR;Vl I Tl(}:V RE(,ARDI,,N"G 1'f NDOR CO1,N'FLICT OFI.'VTf_-R:EST Ql.'LSTIO,'ti,N FIRE 4ti Fit ' A p:rson must file a conflici of interest yuestionnairc with the City if'the Limon has a employment or husiress ret<ctionship with an offlicer at,the City that results in taxable ir:cnine excccding 52.500 during the preceding twj%c tna.,ntlr p rioc3, z,r aaa ufTitc;or s i terttbrr crf'the oilicer'c f imily hw accepted gifts with an aggn,gate valuc tit, more than 5250 during the previow,n;.0it:month peris,cf aril ihc:per�rn cn,apg s in any of the fist+icing actions: t colatra.:ts or sceks to contract for the;ale sir purchasc:ot`pr()pc:r1y.goods,or sc";ccs with the C'it�.inclirdint ani of the fiillCL bit : U. c+Tincn zznd impfitz ttan:ra L�. '�tilit: parchases. Purcha-.c orders, credit cunt purciia;cs alru an\.puicha,,e:ifgoods xnd;crviccs he the('it,: h. conircte'�for the purcha,,e or sale of rca!proper(}.PersonaI proper(} including;all auction or prol en r: C. tail abatenient and ec J r.tiic de',°c1i11 snr¢tt a ;.eJttca,ts: 2. ,ui ntit:4 a hid to sell goods or sort ia:ec.or responds to ka request for propo>al f6r.imices: I. c{i;c'Z'.;'nfo nC217tfattiirn-u'tih the(_iiv for it c:E�ti[C:.Lt.:t:(q 4. appfi- 12,r 3 t.lx uhawme€ti and'or ccono me dv,clopfrient incentive :fiat hill result in a con[r;tit With the(.lrt'. 'rut: F(M.1.()Lvim-. ARE(ONSIi3l✓RED()Fl`WEIRS 01;'rfir;cvl[-V: 1. Mayor and City Cowcil y5t{nhcr::: City Marai2cr: ?. Board;and(onimiNsic'm 111cult-crs„ppo ritt':t hL the Mayor or City 3'Council I))cTnK-r:: > ():rectors of Ort and 41t[iecrlo;irrent coax+; tiotaa: 5. tfie cXccU',,1XQ directors or mw: ager of 4A and 4B develop Tient eorpora'itioi-i,.and a�. f)ir•ctors ol,tle Cin; of Sowhiai;c .tlAi ha.e withon!r, t„ siin uk,11tracts on hchaU of the t.J.. . F\CLU IO tiff: t yucs;c>ns.anc st,itcinciit nrcd net hc: tiled .f the monev paid to a loc"I ,,overnment olFiccr-vac a pol tic.d contribution.a ,it t( a niernhcr of the of i-cer's Iimilt fr€Tait i tanlil, member. a contract or purchasc ;;ihxi S2.5.00 or a f,, t5sactii ti ata price apd subirct 'harm.71 City of Southlake - RFP 140913200TS140012 Pa-e IS of 21 to terms avaEable to zhe public,a pavmlmt for focal,lodging,transportation or entcrtainment:or a iransaction subject to rate or Ice regulation by,a governmental entity or agency_ WITAT: :A person or bwsiness that contracts Aith the City or who seeks to contract with the Citc nutst file a "conflict of irntcrest guestionmaire" (F ORIM CTCV) which is available: online at }_rlsti.cthie� tats;tx;g,ti and a copy Of yvf-I it> attached to this Guideline. The fonu contains tnaandatory disclosures rcgardin "elrlployrrtc ut Or business relationships" with a municipal officer. Officials tnx. be asked to clarify or interpret various portions of the yucsticxtnairc_ WHEN: The{.Terson or buslzmea:mnst tile: 1. th;: questionnaire no Iater that! scvcn ,ay s afic !lie date the perscln or business be>jins :omraet discussions or neg;riaticn s,with the rntsnicipality,or N0miLs all atpphcaiton,resUonds to a request litr proposals or bids.corrc:,ponclancc:.or other writing related to:c urate.-rttiai c ont-a i or .tszreerneni with the City_and 2. aft up,lated gucstionnaire within seven days aflcr tnc date of an dent that%vc old make a Filed q--?estionn-tire incurnplctc or inaccurate;. It dues not matter it the submittal of a[lid o-propUsaat re,ults in a commet. •Fiac .statute requires a vendor vt lite a t f1}'Li CIQ at the tinge a proposal is submiticd or neeotiation. Wn lfnelkC" . 4t HERE The vemior or potential ven.l:tr mwit mall or delver a complewd, questionnaire to the Finan+: Dep 4ntaent. The Imance Department is required ht'low to pose the stut€'menty on the C atv's interner website. ENFORCEMENT: I,ailurc:to tile:a uuestimmazife misdcrntanor puni:ha bIc bya tint not to exec;d 5;110. It is ar cxception to p+rotiecul.10,1 t,hatt tsoe person tiles a FORM C Its not later than sc,,en bwsille`s Clay! little the persoll RYtlt 4lycd nice o a V,Iolatiotl. -NOTE: Fhi, City tliics not h.ti•e j chit!, to cttsure that a person tiles a cclntlict of' interest t{ue,tinnn.tizc. City of Southlake - 12FP1409B200TS140012 - Page 19of21 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ ' a For vendor or outer parson doing business with local go orntnertm entity, :r,.'Polht—'a f reAt{sa :WI,t*I-.,iSW G)H.e,4491 0!1l L¢A.•{,2^�JRM bCS�:UrL. `FF''- U-4E',NLY'••• >�;f_�;'.t:fNt:7t•f':,:;G.-„^y!c„_<.,..�_ar�..�,u::� .',`i�e;•' �J .O. _..re^)[�"<rt::.,..P C:er�.a,s. is%t'i'Y:.C,^Vlrr;;,"435 .:!`'tN_•�:ti-ii;`i!::t{•:2:.C@E"'�^1G::+r t'C•,_ -'iNe:�"id AL3; e:n^)e:'„a z^.'st�::a,�;^�,prrr.�r,n?e N r.�;;s'!=:';'s:�.!nJ•_t�e�3a�z^.�c�sN';« i r �n•lfr Zti SCe.,_. ....�„r .^.'u`:z v;t'fr,S r.^�')t')r,•t{:^;'Chu_.. .?'ia.S`: .�7$i=:4n_'D:.•.'ef':«';)&+ E!f'Sf' _r ri'•,' ;3'{i*L.+"�"t�•�5, ,. ]$r .-:E:1W i, ...,�r,_%].^._s:'N;M:f.�:)r:JC`: Lh?rr5,^,.):ri-!nr'•:ztsn::. .'u:.:{�,.�. ..cc bnC....+.:', _. ..__�si f,r...•�. .;t+" ye �" Narts:r;,t gzr,c�:sHt ha=st:.t.nress•e astrywnh:,:-c�.,�mm�tzxnr:,;yrirty_._ 1 rr;n t*;.it y;.0 X,ti.i Qasr vraxie:;au '3au:.:y if:Ad fl':nS:t:: 6a3'L f . T:a:{r•":;7n:�f nyt:rrnt�t Gtx� 'WWI a.;<,m t{! tMI1,;s/s,,'r_:i.to-. ,N;: . h> .:a.>vt m_u.'r;; .. ,. ..r.•. e8!}T _-t�� •_-: 's;t)x'Y.. in3 ., > .r'.1"'^ ,.. Y::an::..4.�:...•r Z':r.,... _. . -_.., :•!� z .^C�%i,,.c7,..::C,.1. .�C'1 3__..r.,.�. xti- -' .. �. ., ,"2'g,3.:...' ....'t,..•d.. 'r ... _..,._.._r 2.wc" r ,-4"..:r,.:. "nVt.... �^.t r'r„,'r tS” . :. „-,.,.r^•tN:i:.rs,! .:,,,1v,-,r.'T,:`![c'i.£.f.. ...,..,c., :5::, .. .. .,. ,...r. Y.S'.f' ._ 1—r j,t ' ..."ta..` ._._,. .7. .�.., _. - '.... .. .`.)-: _.-•s .x:r.,,,_:]r.:: ..,.. Get. r.",,.,,. rd ., 1.,IE'.� ._ r..x...._.. _. .z..'.Z� ..u ,. 'ti'' .. _.•.t.,,r t__ ... City of Southlake - RM409B200TS140012 - Pa-e?0 of?1 P 1900 Brum low Avenue Southlake,Texas 76092 817-656-8733 office—817-421-6863 fax info @a 1pinetreeservice.coin Equipment List Quanti Item 5 Tree Service Chip Trucks (Forestry Bodies) 0 4 - 201" Hii�o338wf/SoLittico1472, '-'1)-ctibicyartiforestrcbodv 0 1 - 2013 1 firio,338 Hoak lift container truck with Swaploader SL-180 hoist and Southco 1472,20-cubic vard forestry body- (rcrnov-able) or roll-off containers of 20 cubic N-ard cal--)acit-v as needed 6 18" Capacity Bandit Wood Chippers (All chippers include rear mounted winches.) 0 ') - '-?0l'LB,:iiidltl590XP, 14? A, 1900 Bruinlow Avenue Southlake,Texas 76092 817-656-8733 office—817-421-6863 fax itifo@alpinetreeservice.com Outline of Services, Experience and Staff Alpine Tree Service has been in business since 1996 and has maintained an excellent reputation by providing our services with the highest regard to quality, safety,and overall professionalism. Alpine Tree Service provides professional services of tree pruning, tree removal,brush chipping, stump grinding, consultation,fertilization, insect control and disease control. We also offer root flare excavation and aeration by means of an Air Spade tool and operator. If needed, we own an all- terrain, 60' working height aerial lift to assist in the occasional dead tree too hazardous to climb, or positioned in a way where the lift is the safer,more efficient method. We employ 5 ISA Certified Arborists/Estimators, three of which are also TDA Licensed Pesticide Applicators: Derek Neubauer(owner), 19 years with Alpine Tree Service, Certified Arborist TX 1273A since 2001 Jeremv Patterson 14 years with Alpine Tree Service,Certified Arborist TX 3228A since 2003 Cory Herpet (BS Environmental Conservation, MS Horticulture), 4.5 years with Alpine Tree Service, Certified Arborist TX 3753A since 2010 Wesley Rivers(BS Urban Forestry),approx. 3 months with Alpine`free Service, Certified Arborist TX 3642A since 2009 Kenneth Shook approx. 1.5 years with Alpine Tree Service, Certified Arborist NE 0330A since 1999 Each Arborist has maintained their CEU's as required and attended many additional training/educational opportunities beyond what is required by ISA. We employee 5 crew leaders varying, in tenure from a minimum of 5 years, to our most senior crew leader of 16 years. Each of these crew leaders have participated in numerous hours of classroom and field training and adhere strictly to ANSI A300 and ANSI Z133.1 Standards. We also employ 10 other crew members, whom operate as climbers and groundsmen as scope of work requires. Our service employees are thoroughly trained in these areas and consistently adhere to the aforementioned textbook standards. We have I Office Manager and I Administrative Assistant handling the administration in our office. Our, trucks,chippers and equipment are all purchased new,kept clean and well maintained at all times. Our field service employees are uniformed and wear ANSI Class 2 traffic safety vests at all times. Every company vehicle we own has a GPS tracking system installed with verifiable updates of whereabouts every 2 minutes. These trip reports are archived within the software database and can be made available days, weeks, or even months later if required. 2 of 2 OFF: TEXAS DEPARTMENT OF AGRICULTURE TODD STAPLES,COMMISSIONER P.O.BOX 12847 AUSTIN,TX 78711-2847 (877)LIC-AGRI(877-542-2474) For the hearing impaired:(800)735-2989 TDD (800)735-2988 VOICE wwvv.tda,state.tx.us NURSERYIFLORAL CERTIFICATE OF REGISTRATION This is to certify that the person listed below is licensed to sell nursery/floral products at the indicated location in accordance with Texas Agriculture Code Chapter 7t. ALPINE TREE SE-RVICE Client Name:ALPINE T3EE SERVICE INC 1900 BRUMLOW AVE TDA Client No:00355492 SOUTHLAKE TX 76092 CERTIFICATE NO: 0609118 CERTIFICATE TYPE: NURSERY FLORAL CLASS I Effective Date: September 30.20 14 Expiration Date: September 30,2015 TEXAS DEPARTMENT OF AGRICULTURE TODD STAPLES, COMMISSIONER P.O. BOX 12847 AUSTIN,TX 78711-2847 (877)LIC-AGRI(877-542-2474) X For the hearing impaired:(800)735-2989 TDD (800)735-2988 VOICE www.tda.state.tx.us COMMERCIAL PESTICIDE APPLICATOR LICENSE This is to certify that the person whose name appears below has met TDA Client No. 00522693 the requirements of Texas Agriculture Code Chapter 76,relating to application of restricted-use or state-limited-use pesticides or TDA.License No. 0682876 regulated herbicides.This license is issued for purchase-and application of restricted-use or state-limited-use peslicjdhs or Effective Date: October 31,2014 regulated herbicides to be used according to label directions consistent with the use categories listed below. Expiration Date: October 31,2015 KENNETH SHOOK 4204 LITTLE SEND COURT KELLER TX 76244 CATEGORIES: 3A TEXAS DEPARTMENT OF AGRICULTURE TODD STAPLES, COMMISSIONER P. O. BOX 12847 AUSTIN, TX 78711-2847 (877)LIC-AGRI (877-542-2474) For the hearing impaired: (800)735-2989 TDD (800)735-2988 VOICE k,',ANw-tda.state.N.us COMMERCIAL PESTICIDE APPLICATOR LICENSE This is to certify that the person whose name appears below has met. TDA Client No. 00335532 the requirements of Texas Agriculture Code Chapter 76,relating to application of restricted-use or state-limited-use pesticides or TDA License No. 0606665 regulated herbicides.This license is issued for purchase and application of restricted-use or state-limited-use pesticides or Effective Date: August 31,2014 regulated herbicides to be used according to label directions consistent vith the use categories listed below, Expiration Date: August 31,2015 CORY HERPEL 1900 BRUMLOW AVE SOUTHLAKE TX 76092 CATEGORIES: 3A ALPIN-3 OP ID:E4 CERTIFICATE OF LIABILITY INSURANCE 1 DATE J 11107/207t2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone:817-420-5700 NAONMTEACr Jasmine Chines Frost Insurance-Fart Worth ----.- -. P.O.Box 33528 Fax:817.420-5754 AICNNo ;817-4.20-6700 =FAX N.I.-817-420-5750 Ft.Worth,TX 76182 E-MAIL -� Jim Dickenson ADorxEss:lchinea f, ttnsurance.corn _ INSURER($/AFFORDING COVERAGE MAIC K - INSURERA:Hartfdrd Casualty insurance ;29424 INSURED Alpine Tree SerYICe,Inc. INSURERFINSURER B:Service Lloyds Alpine Materials,LLC -- — - - P 0 Box 94403 : Southlake,TX 75092 : — :: - COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESP;: CT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 7Fq—p; TYPE OF INSURANCE —_--�� ..�_ POLICY ew POLICY EXP ; I i POLICY NUMBER .MMIDD(YYYY MDtYY LIMITS i GENERALi3A87LITY i EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERAL UADLITY IS fTTGER3' -T_.........-_.. ---- 4$UUNQY8922 05/27/2014 05/2712095 PREMISES CEO occurteace) 5 300,00 -- j CLAI:r"S-Pd46E X OCCJR MED EXP(Any one perscnl i 5 5,00 PERSONAL&ADV INJURY i S 1,000,00 - --- INJURY - i GENERAL AGGREGATE S 2,000,00 -GEN'LAGGREGATE UMITAPPLES PER: i PRODUCTS-COM {OPAGG~S 2,000,00 POLICY PRQ'IFC_ F LOC i AUTOMOBILE LIABILITY j COMBINED SINGLE LIMIT 1,000,00 j tea accident) _�S A j X i ANY AUTO _ 4SUUNQY8922 0512712014!05/2712015 i BOJIL.Y INJURY(Per person) 'SALL -- i !AUTOS QED SCHEDULED BOD.LY INJURY(Pe:accident) S 1 NOU-OYIAvED I PROPERTY DAMAGE I HIRED ALTOS i AUT GS 5 UMBRELLA LIAB OCCUR � qOCCURRENCE —, F E EACH 5 1,000,00 A ! EXCESS LUt6 ! OLAINIS-r,7ADEEf 45HHUQY8923 05/27/2014!05127/2015.AGGREGATE 5 1,000,00 DED ! X 'RETE;TQNS 10,0001 WORKERS COMPENSATION i ' /PJC STATU- i OTH-' !AND EMPLOYERS'LIABILITY XTORY f�IMlT __ ER ; B ANY PROPRIETORmARTNEw'Ex7=cUTIVEYfN I �SRZC2179414 05/2712014,05127120151E-1-- - I- E.L EACH S -.._.� 1,000,00 (MandatoryOFFICERINIin NH)BER EXCLUDED? ®iN to? ..__ (Mandatory in NN} E L INSEASE-EA EMPLOYE'$ 1,000,00 f ves,describe under ---------- DESCRIPTIOr,'OF O-ERATIONS below E t_ DISEASE-POLICY LIMIT $ 1,000,00 J i I DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 161,Additional Remarks Schedule,if more space is required) The general liability and auto liability policies include blanket additional insured endorsements that provide additional insured status only when there is a written contract that requires such status_ CERTIFICATE HOLDER CANCELLATION CISOL-3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Southlake ACCORDANCE WITH THE POLICY PROVISIONS. 1400 Main Street Southlake,TX 76092 AUTHORIZED REPRESENTATIVE 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Crnr OF SOLMH AKE 3 December 30,2015 Shawnee Mission Tree Service,Inc. dba Arbor Masters Tree Service 1201 Minters Chapel Road#304 Grapevine,Texas 76051 Attn: Mr. Jay Hager Subject: Notification of Contract Extension for Tree Services for City of Southlake RFP1409B200TS 140012 Dear: Mr.Hager: The City of Southlake is providing notification of contract extension,pending City Council approval,for"Tree Services for City of Southlake RFP 1409B200TS140012". This extension shall become effective February 17,2016 pending City Council approval(CC Award date )and shall continue in full force based on the terms and conditions of the initial award. The terms and conditions proposed and accepted in this renewal agreement are as follows: Line Items Awarded: All Items Secondary Vendor with arborist per department needs 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 RFB 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 440,Accounts Payable Southlake,TX 76092 or Email: accountstnavablekci.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 CPPD,CPPB City of Southlake 1400 Main Street, Suite 440 Southlake,Texas 76092 tslifkakci.southlake.tx.us Attest: Fax: 817-748-8048 Lori Payne,TRMC Contract Renewal Accepted: City Secretary Signed: Date: Approved as to Form and Legality: Mayor Laura Hill City of Southlake City Attorney C.My<' ORIGINAL DOCUMENT SOOT A AKE CITY OF SOUT�nKE Council Actio Ord./Res.No. 19 Date Approved_n�7 16 February 11,2015 Shawnee Mission Tree Service, Inc.dba Arbor Masters Tree Service 1201 Minters Chapel Road#304 Grapevine,Texas 76051 Attn: Mr.Jay Hager Subject: Award of Contract for Tree Services for City of Southlake RFP1409B200TS140012 Dear Mr. Hager: The City of Southlake is pleased to inform you that Shawnee Mission Tree Service, Inc. dba Arbor Masters Tree Service of Grapevine, Texas is the Secondary awarded vendor for "Tree Services for City of Southlake RFP1409B200TS140012" with arborist. The award and this agreement are based on your proposal submission, copy enclosed.This is a multiple vendor award contract. Your company's is the Secondary vendor with Arborist for this contract. This award was approved by the City of Southlake City Council on./7-IS . The terms and conditions proposed and accepted in this agreement are as follows: Line Items Awarded All items Secondary Vendor with Arborist per department needs. 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 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 initial City Council approval 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 440,Accounts Payable Southlake,TX 76092 or via email to 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, j Tim Slifka, CPPD, CPPB ........•ts. % Purchasing Manager City of Southlake 1400 Main Street, Suite 440 __ Un Southlake,Texas 76092 �� v% �' tsI ifka(cDci.south lake.tx.us Attest: • �.• Fax:817-748-8048 •'••••••' `� Lori Payne, TRIM '��''•,,,�� * ���.•``�,, Contract and Award Accepted: City Secretary Signed: Date: O if Approved/ads to Form and Legali Mayor John Terrell City of Southlake City Attorney Appendix B —Proposal Submittal Checklist: (To determine validity of proposal) Appendix B(pages_9_through_20)must he included in the proposal submittal Appendix C Conflict of Interest Form(page 20_)must he included in the proposal submittal. Vendor Vehicle and Equipment List Arborist Certification Information RFP Number: RFP1409B200TS140012 1 Project Title: PROVIDE TREE SERVICES Submittal Deadline: 3:00 P.M. (CST), FRIDAY NO'V'EMBER 14, 2014 Submit electronically* to: www.securebidusa.com * Requires email account login and password. Proposer Information: Proposer's Legal Name: Shawnee Mission Tree Service,Inc.DBA!Arbor Masters Tree Service Address: 1201 Minters Chapel Road#304 City,State&Zip Grapevine.TX 76051 Federal Employers Identification Number#3 48-0833928 Phone Number: 682-223-1796 l Fax Number: 682-223-1657 E-Mail Address: ihager@arborrnasters 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 Representative: �lt'4fi P/4 Signature of Authorized Representative: Signed this (day)of It)(7�t e 2 (month), 2-1 (year) I learned of this Request for Proposals by the following means: CNewspaper Advertisement ❑ City E-mail Notification E Sauthlake Wehsite Cold Call to City Mailed'vle a Copy -j Other r] SecureBid City of Southlake - RFFl409B200"CS140012 - Page 0 of 21 ;4 w „t1 E i; q 't...YV , T.C^ 1 Yr t. Y'•,'?;�i'; 'J;, �if W. �� CS mak, s i •'_" ra to let a" _ ACT *Spoil S �. :,�',: �'�,"e Y;.�.:.� ...tMCe&au: .:�;,, _MLa...-<a�i-wa-, _:.<:.—,•u» ,'y: @ i •.e.•as 4 > ;:nx" >,- -—., ,.«enxw.ms:-'#: _ -3 i;44 a. In ilkw 'Itice"•- ��E? :y`;�+�� >"yd' .i�' Et' �rt,•:ts.':�«,:'.::�•.<..Y'r'�,'`j' ,3 Si x; . �;ptti;i.�.; +uth=' .. Vis` j ->b'y:'. - 1� •'i a ��':. �- .��,..: :`�ui.��'S�i',i�?r _� .Yip, x'u�• .4.-';r,, wy�'. '� #, �( r, t.. w . iftw "rte'* Emu fib. t j��Si�%s.. F-""".'zytb°Y "�},: �rS.i';•;`:z:,':F^ 4 .'h _F x i u ' mom '!"s: .................f..,.r- ^,'.2.=w'�'li:�M 3ewa�,.•Si^'6"-�:.,. � x a mw 14 aY- , m y s m rx ,s .,5�.. .... ...... ..:s-F: .w:=�•:.•;��... ..`i,:S.: i:rrxshK _ .:I..>/. CD Cl) . � . � � � � � � \ y \ � � / � co \ \ / \ 4; u Li Mwo 4 JAQT21s) stici,le lict!nst�eand tiieir u;;c,Ert pe'�ticwles II-lay be found in Cbapmr 7 M T of Ac Awis AKInKuwake(M and Oaper 74 Fadwe to Comply "'I h these 10",igiclodmg vnism-, of iiii) pe,66tiv, rna' tk:suit 61 rcc-v'w.,;Jtioti, j SI -m. or prtibxi,)n c-: yow- wcnst;and'ilr aneuman of MMw0qndMw6wwn v US,'Yetl'Joll. rnAificmik pnmltk"� If you have questiont,rqzurding yootir license,plcx?c comact wu-;%usiir: oll frit'at(,"'77) niaeall Rokv� Tc,\as(• 00) 7350988 wicei or§91h 7150984 1 FDD;w%Q car mob tic. TEXAS DEPARTMENT OF AGMCULTURE TDA Categories: B P" "Mow A Mw W& A"K Lir-cn,.p 2 7 Date WN BMW, B is�.tl t L lj�;7t,: R cawymms 3A L V ne 0- A 11synaw- OHS 5 VOCR LkT%".cAREvri i.,v'rRcm %i vN4 M kk(;V%' v%&VIS111-%N _%I -ki f i IN11". TEXAS DEPARTMENT OF AGRICULTURE TC)r)i,-1 5-1 APLES. CONAMISSIONE R P 0, BOX 12-47 AUSTIN, TX -'711-28,17 Q f877)LIC,-AGRI ,877-542-7-d=j �01` c '-hV E re hea.,ing i-mpairect (by i,735-29�i9 TF)n -315,2,--38 O-C CONENJERCIAL LICENSE -11;5 i's t? th'a:In("'t.'50,1-e'tos"rLainf-appears tera''V 1-as f7w me Cadec'.a,�, r ms,,crE�inng m ,mvicanori 0 an sWhQfWTw PoNedc-,e-r,* `-ii is Ayn," stauMl r-:puiwcrd In txe wl'tll Wr-Z:S;:. !me Mw 0 4 5 MEN INMV; 1-14YKAFTO STOPER ShGNAA TX 11.i' CAI UTRY"". Z'N. IT'y of SOUTHLAKE ADDF,NDUM NCNIBER 4 I To: All Proposers Date: October 30,2014 Request for Proposal: RFP1409B200TS140012 Provide Tree Services for City of Southlake Proposal Due Date: 3:00 p.m.,Friday November 14,2014 1. Addendum No. i dated October 30 2014,per Addendum#1,the City ol-Soutl:iake is answering vendor submitted questions. OUEST1ON: Must the primary contractor have an arborist on staff, or are subcontractors with an arbimist i perrnitt.^d? AN5WLR: For award ofthe Primary or Secondary contract for"With Arborist"awarded vendcx must have I an arborist on their immediate staff at all times during the contract period- Subcontractor ' arborist will not be ailowc d for"With Arborist'portion of aware!. 2. There arc no ether changes. J ' Sltarzn c;icson Chief FMancial Officer City of Southlake s In the submission of their proposal, Proposer must acknowledge receipt of this addcricum. Yretx)ser sLail acknowledge this addendum by signing and returning one copy of this notice with their proposal. Sig a Compal}'s�atne:^ /� c1�i S '�r2 t_��2 ✓ C 1 s :f U,r,:r, :n a ce IJ.;,^,mm�r.r• .; L in S•cr S!44e,;ln+ Sc".kv.. Texas { i Arbor aster.s Tree cervi Equipment Name Year MFG Cap/Height Owned or Leased Bucket Chipper Combo 2012 Freighliner 55'WH Owned Bucket Chipper Combo 2013 Freighliner 55'WH Owned Bucket Chipper Combo 2005 GMC 72"WH Owned Bucket Chipper Combo 2004 GMC 72"WH Owned Bucket Chipper Combo 2005 Ford 55' WH Owned Brush Chipper 2008 Vermeer 15" Owned Brush Chipper 2006 Bandit 15" Owned Brush Chipper 2007 Vermeer 10" Owned Brush Chipper 2010 Vermeer 15" Owned Knuckleboom 2012 Freighliner 61 CY Owned Knuckleboom 2005 Sterling 58 CY Owned Knuckleboom 2004 Western Star 58 CY Owned Knuckleboom 2005 International 55 CY Owned Appendix B—Proposal (continued) I. 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: Item# Descri tion of Products/Services I Rate SERVICES WITH CERTIFIED ARBORIST ON STAFF 1. Pruning!Services Tree Pruning Services with a Two(2)Man Crew and Equipment er Scope of Services S 195.00 /hour Tree Pruning Services with a Three(3)Man Crew and Equipment er Scope of Services S 235,00 /hour Tree Pruning Services with a Four t4)Man Crew and Equipment er Scope of Services S 285.00 ;hour 2. Right-of-Way Clearance Roadway Right of Way Clearing Per Scope of Sen-ices S moo manyltour 3. Tree Removal Services 2 man crew(l)tree climber—(1) ground man I 18500 'hour 3 man crew(2)tree climber—(1)ground man $ 22,500 /hour Other Crew configuration.PIease list. - $ /hour Citv of Southlake - RFP1409B200TS140012 - Page 10 of 21 4. Stump Grinding Stump Grinding to Include All Stumps Regardless of Diameter Per Scope of Services $ .500 i'ineh 5. Certified Arborist Cost per hour for Certified Arborist to perform or supervise work as required or requested per Scope $ 75.00 per hr. of Services 6. Fertilization and Pesticide Application $ inn0 /inch Fertilization—soil injection/foliar $ 23 00 /sq.ft $ -25 !gallon S to oo /inch Pesticide Application—soil injection/foliar $ 23.00 !sq.ft 1.25 /gallon 7. Travel Charge All vendor travel charges should be included in S o.00 per mile hourly rates listed above.If they are not please list travel charge per mile. after o 0o mites 8. Other Vendor Fees Other Vendor Fees as Required.Please Describe. Knuckleboom for debris removal with operator i fnr large n_�i_entities of riphric or Inps laM,pr than 15" 185 00 hour _Extra ground man or Flagger $ scwo $ S - S S Citv of Southlake - RFP1409B200TS140012 - Page 1 i of 21 Iters# Des eii tion of Products/Services Rate SERVICES WITHOUT CERTIFIED ARBORIST ON STAFF 1. Pruning Services Tree Pruning Services with a Two(2)Man Crew and Equipment er Scope of Services $ 195.00 /hour Tree Pruning Services with a Three(3)Man Crew and E ui tnent per Scope of Services $ 235.00 /hour Tree Pruning Services with a Four(4)Man Crew and Equipment er Scope of Services $ 28a,00 /hour 2. Right-of-Way Clearance Roadway Right of Way Clearing Per Scope of Services $ man/hour 3. Tree Removal Services 2 man crew(1)tree climber—(1) ground man $ /hour 1 3 man crew(2)tree climber—(1)ground man $ 225.00 /hour Other Crew configuration.Please list. $ /hour 4. Stump Grinding Stump Grinding to Include All Stumps Regardless of Diameter Per Scope of Services $ 5.00 /inch 5. Fertilization and Pesticide Application $ 10.00 /inch 1i Fertilization—soil injection/foliar $ 2A nn sq.ft $ 1.25 rgallon $ 10.00 ;`inch Pesticide Application—soil injection r foliar $ 23.00 /sq.ft S i za /gallon b. Travel Charge All vendor travel charges should be included in S 0.00 per mile hourly rates listed above. If they are not please list atter n no miles travel charge per mile. 7. Other Vendor Fees Other Vendor Fees as Required.Please Describe. Knuckleboom for debris removal with operator S _ for large quantities of debris or logs larger than 15" S 185.00 S S Extra ground man or flagger 5 60,00 $ $ City of Southlake - RFP1409B200TS140012 - Page 12 of 21 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: 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 ifwhen 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(FY 2015-2016)ESCALATION........................... _0 % SECOND ADDITIONAL YEAR(FY 2016-2017)ESCALATION................. 0 THIRD ADDITIONAL YEAR(FY 2017-2018)ESCALA'T'ION ......................... n % FOURTH ADDITIONAL YEAR(FY 2018-2019)ESCALATION...................... o 4. Proposer's Experience/Staff A. Proiect Team: Identify all members of the Proposer's team (including both team members and management) who will be providing any services proposed and include inforniation 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 anv 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: City of Southlake - M140913200TS140012 Page 13 of 21 State the number of years experience the business has: so ; and the number of employees: tso D. Proiect 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. 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: See attached list Contact Name: Contact Title: Phone: Email: Date and Scope of Work Provided: Reference 42: Client/Company Name: Contact Name: Contact Title: Phone: Email: Date and Scope of Work Provided: Reference#3: Client/Company Name: Contact Name: Contact"Title: Phone: Email: Date and Scope of Work Provided: Reference#4: Client/Company Name: Contact Name: Contact Title: Phone: Email: Date and Scope of Work Provided: City of Southlake - RM409B200TS140012 - Page 14 of 21 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. 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 RFB 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 RFB 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 agreernent with the City. ( x) Yes, Others can purchase; ( ] No, Only the City can purchase. 8. Federal,State and/or Local Identification information A. Centralized Master Bidders List registration number: B. Prime contractor HUB/MW BE registration number: C. An individual Proposer acting as a sole proprietor must also enter the Proposer's Social Security Number:it - - If. COA'TRACT TERII'IS AND CONDITIONS. EXCEPT WHERE PROPOSER JUAKES SPECIFIC EXCEPTION L'S'THE SUBMITTED PROPOSAL,ANY CONTRACT RESULTING FROV 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. Pavment Terms: Unless otherwise specified in the Scope of Set-vices 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 wan-anted to be merchantable and good quality and tit 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 perforrned 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. Cite of Southlake - RFP1409B200TS140012 Page 15 of 21 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 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 ally 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. 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 Iniury and Property Damage on an occurrence basis, City of Southlake - RF1`140913200TS140012 - Page 16 of 21 iii. Comprehensive Automobile Liability insurance coveting 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 - RFP1409B200TS140012 Page 17 of 21 CONFLICT OF INTEREST QUESTIONNAIRE FORM--C1Q For vendor or other parson doing business vAth local governmental entity Aria goestionnave re WI%arengea mads to t:ta law by HA 1491,81rh Lep_Re91sw Session. OFnCE L*EONLY This miestionsaire is being filed in accordance with C-Qpier 176,Local Gevemtnent Code Uy.arm: by a persw who has a boniness rNollimm in as defihed by Semon 176.001,;-a;with a local govemrixuAw entity and the person meets requirements under Section 176.006(2). By law this queA4onm..mgsl be 4"wththe records adrmnsamtorgi the local gaverrxneniat entity not bier than the 7th business day atter the date the person becomes ay.,am of facts that require the statement to be filed.See Section 176.006.LxaiGovernment Code. A person cmnmita an otlanse it the person knawmgiy vin4tes Section 775.rC5.Local Goverment Code.An offense under this sectron u a Class C misdew*;tmr. 1 Name of Pelson who hes a busirtese feEaJon9mp with local goven m mld Wriury. I Shawnee Mission Tree Service,Inc.DBA/Arbor Masters Tree Service ;� ❑i Check tt+3s Stix tryst are Ming an Update too pre4ou9ly n!ad quesifcnnahe. , ;?De law reautres that you file an uoaat_j completed questierutare V I t the aatirapnate filing au:hafty not later than me 7m tustm"day ate,the ea.,'a the orilrratly ftled our Al—nape:»eaves in.crrrtera c naccurate.; J Narita of WrA pmernmeru otricer with whommer vas smpMymnni ar business retzuonshlP. , mame of Otf!cer I This ss<Aw,(dein 3 i cl.1iny subparts A_E,C b D; rm;st t,a civ*gtat?+1 for each ufitmf ai:h wlwn the Se,has w, ! empinyment of other:zrsiness retalronshra as dalme f by SWion 17CDDVI-a).Lora v-CveltNYP'ti G:d',nttaert ajdD'-nai pMes tv this'stn ria as necessary I A h The ticalrxnent Maar named n ms 5ecrton rexnm„u 6.eti 1c rocene taxaala InY^e.o:tw-Tan:tv ;ref>t C4 incom tf"' L't9�f".ier M the cuesuumarre� Yes No H. Is?�inter df the quastimnaite(eCelYt:tg x/rtehy la retyve taaabk ih�me,cher man hivvstr•,?'el inn 9.km;of at:rs l direction at the ax tt govenvteni oncer named in mrs serk1r,�AND this:arable rooms is not reelveo from the lo.ai I aamnneniai F-1-esE C Is he Wer at this gt:estiarraln_a oicyea Uy a curpnra'zn ar other tnisne-s enmy with reseed to whrtti lie,raw gayerimen'otiw.er n£rvss as an E—' cr 6Yecssc o;holds an owr zsaga of tpemen,or"V)r0 � O.6ewit.e each errthkYyrwt;or b!hiness m2fionshlp wtth the I^cat goefor^teat otr,Ce:cartel n Int;gacli r >t i 11-14-14 ti, -_ Ad—W pfil'<9,12cV N:\Gwitdak;?Mescciienenu<{;hflpier 776,Arelchment Cl0 6?2fi0X.da; i'sGc?u13 City of southlake - RFP1409B200"rS 140012 - Page 20 of 21 li'7{ "'tet:` • \ - .r '- /f i r_ � •'{ e 1 if 1 1 : t' •i1• - e i •M•i.• �•iY +r• t'�.:1, •{ Af iii:'•• a{ t 'l 'i••.`;lti;:`t rr. r t �+ !:t /" tJ s t? S�. tt'.t{ ri. tJ i♦ H„ J t 'ii I t +i+ t tt +r r/'iOttt'~Sr�::���,.,+•,�..' Q $ ', �s•T:t* .,';��A;:; ff- ++ty:A ita,..!1' 1 .nl+ ! \ 11±h !�� b+!, !� ae++ !J''tt r.r+� Jf''�< <'n,'. /!'tt :nt+ J!'1� (r1iR J!•�t :.n, !/'•tt ."i�, !�'�t .'Ii+rIS !t'1t ,�.+r', {j+liri•:1, � �'+i.i:: *� y t� � �.,.� y ice• .. CN u z i co OP 14 tj 4.4 00let" % ''' ice► �`''�-�`" ;" c.� � � i — -- rflii+.�..•� 7, Ilt r`r';'• Y + t�:.�t ',t l' ttt/! ,rr Q1,•!t orf t1.JJ yl, tt;JJ + t\,iJ ' V. i ii1�; t. : :: {,: 'St+• ; ;t.:6 t:'ftp .�:•':',tr._ .+�:' Vii. .f•..,,li t�.:�r ,••� !t ,�e' il� !! yl+ tti,�l /++, t'l . t rt'�,• t.''*.t '+' tt�t 1 �.� 4 f {j�/; ;..' .a�. •,y,A r, •s�;.�.tp ,{�,d:�r_:ty, �' tr1;;•,fl i�l.:C'. Crnr OF SOLMH AKE December 30,2015 The Paysage Group LLC dba Smith Lawn and Tree 3200 Handley Ederville Rd. Richland Hills,Texas 76118 Attn: Mr.Russell Simpler Subject: Notification of Contract Extension for Tree Services for City of Southlake RFP1409B200TS140012 Dear: Mr. Simpler: The City of Southlake is providing notification of contract extension,pending City Council approval,for"Tree Services for City of Southlake RFP 1409B200TS140012". This extension shall become effective February 17,2016 pending City Council approval(CC Award date )and shall continue in full force based on the terms and conditions of the initial award. The terms and conditions proposed and accepted in this renewal agreement are as follows: Line Items Awarded: All Items Primary Vendor without arborist per department needs 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 RFB 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 440,Accounts Payable Southlake,TX 76092 or Email: accountstnavablekci.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 CPPD,CPPB City of Southlake 1400 Main Street, Suite 440 Southlake,Texas 76092 tslifkakci.southlake.tx.us Attest: Fax: 817-748-8048 Lori Payne,TRMC Contract Renewal Accepted: City Secretary Signed: Date: Approved as to Form and Legality: Mayor Laura Hill City of Southlake City Attorney Crry OF SOUTHLAKE July 15, 2015 The Paysage Group LLC dba Smith Lawn and Tree 3200 Handley Ederville Rd. Richland Hills, Texas 76118 Subject: Contract Amendment for Tree Services for City of Southlake RFP1409B200TS140012 Dear Mr. Simpler: The City of Southiake's contract for Tree Services for City of Southlake RFP1409B200TS140012 requests the following: 1. Primary Award of Tree Services Without a Certified Arborist to Smith Lawn and Tree. Smith Lawn and Tree will now be the Primary vendor for Tree Services Without a Certified Arborist.All other terms and conditions of original contract are unchanged. 2. No other changes are requested ^ " Sharen JaYson Chief Financial Officer, City of Southlake By signing this amendment, vendor is acknowledging and agreeing to the additions made to the terms and conditions as stated in the existing contract. Vendor must acknowledge receipt of this amendment by signing both copies and returning one signed original amendment to: City of Southlake Finance Department 1400 Main Street Suite 440 Southlake, Texas 76092 Attention Tim Slifka. Signed: 4 Printed Name: F4 55tI C -t;1AIPCJ4—_ Title: MAA-4t&4 Company Name: �✓�t!'�►-r LI.�w� +E GA Dated: 7- 20- 157- Please tPlease call 817-748-8312 with any questions. Sincerely, Tim Slifka Purchasing Manager CPPD, CPPB ts;lifka@ci.southIake.tx.us Fax: 817-748-8048 CJTY OF SOU`MLAKE O ` DOCUMENT �UTI-II�QKE i ,,..;tion Y Ord. IP , 19 Date Approved©vZ— February 11,2015 The Paysage Group LLC dba Smith Lawn and Tree 3200 Handley Ederville Rd. Richland Hills,Texas 76118 Attn: Mr. Russell Simpler Subject: Award of Contract for Tree Services for City of Southlake RFP1409B200TS140012 Dear Mr. Simpler: The City of Southlake is pleased to inform you that The Paysage Group LLC dba Smith Lawn and Tree of Richland Hills, Texas is the Secondary awarded vendor for "Tree Services for City of Southlake RFP1409B200TS140012" without arborist. The award and this agreement are based on your proposal submission, copy enclosed. This is a multiple vendor award contract. xour com any's is the Secondary vendor for this contract. 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 items Secondary Vendor without Arborist per department needs. 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 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 initial City Council approval 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 440,Accounts Payable Southlake,TX 76092 or via email to accountsoavable(ccD.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, ( ,�gauuip,� C Purchasing ManagePP �%•`��v�H•• City of Southlake •.•' '•.•� Main Street, Suite 440 �� _ O Southlake, U� Southlake,Texas 76092 : tslifkana.ci.southlake.tx.us Attest: Fax: 817-748-80484P Lori Payne,TRM 41' Contract and Award Accepted: City Secretary4004" Signed:QgoDate: ��� ApprovME rm and Mayor John Terrell ) City of Southlake City Attornf Crry OF SOUTHLAKE July 15, 2015 The Paysage Group LLC dba Smith Lawn and Tree 3200 Handley Ederville Rd. Richland Hills, Texas 76118 Subject: Contract Amendment for Tree Services for City of Southlake RFP1409B200TS140012 Dear Mr. Simpler: The City of Southiake's contract for Tree Services for City of Southlake RFP1409B200TS140012 requests the following: 1. Primary Award of Tree Services Without a Certified Arborist to Smith Lawn and Tree. Smith Lawn and Tree will now be the Primary vendor for Tree Services Without a Certified Arborist.All other terms and conditions of original contract are unchanged. 2. No other changes are requested ^ " Sharen JaYson Chief Financial Officer, City of Southlake By signing this amendment, vendor is acknowledging and agreeing to the additions made to the terms and conditions as stated in the existing contract. Vendor must acknowledge receipt of this amendment by signing both copies and returning one signed original amendment to: City of Southlake Finance Department 1400 Main Street Suite 440 Southlake, Texas 76092 Attention Tim Slifka. Signed: 4 Printed Name: F4 55tI C -t;1AIPCJ4—_ Title: MAA-4t&4 Company Name: �✓�t!'�►-r LI.�w� +E GA Dated: 7- 20- 157- Please tPlease call 817-748-8312 with any questions. Sincerely, Tim Slifka Purchasing Manager CPPD, CPPB ts;lifka@ci.southIake.tx.us Fax: 817-748-8048 Appendix B — Proposal Submittal Checklist: (To determine validity of proposal) Appendix B(pages_9_through_20J must be included in the proposal submittal Appendix C Conflict of Interest Form(page_20J must be included in the proposal submittal. Vendor Vehicle and Equipment List Arborist Certification Information R" RFP1409B200TS140012 Pr ied Tlx: PROVIDE TREE SERVICES Submitbil- 3:00 P.M. (CST), FRIDAY NOVEMBER 14, 2014 Stbmft electroncMy* tw. ww wvm1 a CM Requims ema account log-in and The Paysage Group LLC dba Smith Lawn and Tree 3200 Handley Ederville Rd 1-Hills, TX 76118 FeAend EmplWyen 26-2604447 # _ Pbowftwiber. 817-501-6210 WE 817-595-7334 FeAWAd&v= russell@smithlawnandtree.com )Pry AndwrhmUm 1,the uudersigwe4hxw Oe autbority to execatt&b Prepowd in ib enfirety as=dwdWd aad eater kto a coaftud on 1 dW Ataffie pvswm of Autlzori; a e: RUSSeJ1§kMh SigaaWre of Represe ve: Ate" PF signed this 14 (day)of member ( ), 2PU (yew) 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 ❑ SecureBid City of Southlake - RFP1409B200TS140012 - Page 9 of 21 Appendix B—Proposal(continued) I. 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: SERVICES WITH CERTIFIED ARBORIST ON STAFF 1. Pruning Services Tree Pruning Services with a Two(2)Man Crew and Equipment er Scope of Services $ /hour Tree Pruning Services with a Three(3)Man Crew and Equipment er Scope of Services $ /hour Tree Pruning Services with a Four(4)Man Crew and Equipment er Scope of Services $ /hour 2. Right-of-Way Clearance Roadway Right of Way Clearing Per Scope of Services $ man/hour 3. Tree Removal Services 2 man crew(1)tree climber—(1)ground man $ /hour 3 man crew(2)tree climber—(1)ground man $ /hour Other Crew configuration.Please list. $ /hour City of Southlake - RFP1409B200TS140012 - Page 10 of 21 4. Stump Grinding Stump Grinding to Include All Stumps Regardless of Diameter Per Scope of Services $ /inch 5. Certified Arborist Cost per hour for Certified Arborist to perform or supervise work as required or requested per Scope $ per hr. of Services 6. Fertilization and Pesticide Application $ /inch Fertilization—soil injection/foliar $ /sq.ft $ /gallon $ /inch Pesticide Application—soil injection/foliar $ /sq.ft $ /gallon 7. Travel Charge All vendor travel charges should be included in $ per mile hourly rates listed above. If they are not please dist after miles travel charge per mile. 8. Other Vendor Fees Other Vendor Fees as Required. Please Describe. City of Southlake - RFP1409B200TS140012 - Page 11 of 21 SERVICES WITHOUT CERTIFIED ARBORIST ON STAFF 1. Pruning Services Tree Pruning Services with a Two(2)Man Crew and Equipment er Scope of Services $ 125 /hour Tree Pruning Services with a Three(3)Man Crew and Equipment per Scope of Services $ 165 /hour Tree Pruning Services with a Four(4)Man Crew and Equipment per Scope of Services $ 195 /hour 2. Right-of-Way Clearance Roadway Right of Way Clearing Per Scope of Services $ 65 man/hour 3. Tree Removal Services 2 man crew(1)tree climber—(1)ground man $ 125 /hour 3 man crew(2)tree climber—(1)ground man $ 165 /hour Other Crew configuration.Please list. 2 climbers, 2 groundsmen $ 9nn /hour 4. Stump Grinding Stump Grinding to Include All Stumps Regardless of Diameter Per Scope of Services $ 3 /inch 5. Fertilization and Pesticide Application $ 7.25 /inch Fertilization—soil injection/foliar $ . 16 /sq.ft $ 2.25 /gallon $ 9.00 /inch Pesticide Application—soil injection/foliar $ •31 /sq.ft $ 3.25 /gallon 6. Travel Charge All vendor travel charges should be included in $ 1.50 per mile hourly rates listed above. If they are not please list after�lL miles travel charge per mile. 7. Other Vendor Fees Other Vendor Fees as Required.Please Describe. $ City of Southlake - RFP1409B200TS140012 - Page 12 of 21 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: 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(FY 2015-2016)ESCALATION........................... 0% SECOND ADDITIONAL YEAR(FY 2016-2017)ESCALATION................. 0 % THIRD ADDITIONAL YEAR(FY 2017-2018)ESCALATION ......................... 0 % FOURTH ADDITIONAL YEAR(FY 2018-2019)ESCALATION...................... 0 % 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; City of Southlake - RFP1409B200TS140012 - Page 13 of 21 State the number of years experience the business has: 17 ; and the number of employees: 80 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. 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: All Saints Episcopal School Contact Name: Jim Osborne Contact Title: Grounds Supervisor Phone: 682-225-5658 Email: jimosborne@aseschool.org Date and Scope of work Provided: Various Tree and Landscape Services since 2009 Reference#2: Client/Company Name: Texas Military Forces Contact Name: Nate Praskey Contact Title: Facility Mgmt Phone: 512-782-5001 x4400 Email:herbert.n.praskey.nfg@mail.mil Date and Scope of Work Provided: Various Tree Projects since 2013. Reference#3: Client/Company Name: Timarron HOA Contact Name: Monika Loeffler Contact Title: Property manager Phone: 817-424-3027 Email: mloeffler@principal-mgmt.com Date and Scope of work Provided:Various Tree Trimming and Removal Projects since 2008. Reference#4: Client/Company Name: US Postal Service Contact Name: Linda W. Crow Contact Title: Contract Technician Phone: 817-317-3592 Email: linda.w.crow@usps.gov Date and Scope of Work Provided: Tree Trimming, Spraying, Removal Various Projects Since Summer 2013 City of Southlake - RFP1409B200TS140012 - Page 14 of 21 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. 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 RFB 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 RFB 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. [ x] Yes, Others can purchase; [ ] No, Only the City can purchase. 8. 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: # - - 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. City of Southlake - RFP1409B200TS140012 - Page 15 of 21 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 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. 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; City of Southlake - RFP1409B200TS140012 - Page 16 of 21 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 - RFP1409B200TS140012 - Page 17 of 21 ���� ii^crrry OF SOU i l iLA ADDENDUM NUMBER#1 To: All Proposers Date: October 30,2014 Request for Proposal: RFP1409B200TS140012 Provide Tree Services for City of Southlake Proposal Due Date: 3:00 p.m.,Friday November 14,2014 1. Addendum No.1,dated October 30,2014,per Addendum#1,the City of Southlake is answering vendor submitted questions. QUESTION: Must the primary contractor have an arborist on staff, or are subcontractors with an arborist permitted? ANSWER: For award of the Primary or Secondary contract for"With Arborist'awarded vendor must have an arborist on their immediate staff at all times during the contract period. Subcontractor arborist will not be allowed for"With Arborist"portion of award. 2. There are no other changes. Sharen Vckson Chief Financial Officer City of Southlake I 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. � s - Signed.. Dated: 11 14-2014 Company Name: The Paysage Group LLC dba Smith Lawn and Tree City of Southlake • Finance Department• 1400 Main Street,Suite 440• Southlake,Texas 76092 8177488312 Appendix C — Form CIQ INFORMATION REGARDING VENDOR CONFLICT OFINTEREST QUESTIONNAntE WHO: A person must file a conflict of interest questionnaire with the City if the person has a 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 ofproperty; 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 appointed by the Mayor or City Council members; 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 officer 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 W:1SouddnkelMiwzHw xm\ChsP(cr 176AUed unm C1Q 092609.doc Page 1 of 3 City of Southlake - RFP1409B200TS140012 - Page 18 of 21 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 mandatary disclosures regarding "employment or business relationships" with a municipal officer. Officials maybe 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 J%amwe Department is requked by law to past the statements on the CRy's Wernd 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. W:S0uWake%r=aanemUmptw 176.Atmdimwt CIQ.092608.doc Page 2 of 3 City of Southlake - RFP1409B200TS140012 - Page 19 of 21 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other parson doing business with local governmental entity This goesdomairo Meets changesarae to nice IM by M.B.1191,eOBh Leg.,Regular 5aaloa. f]FIRICEIISEONLY This quesdonnaire La being filed in accordance with Chapter 176.Local Government Code oar pe,W d bya person who has a business relationship as defined by Section 176.001(1,x)with a local govemmentaterdity and tha person meets requirements under Section 176.006(a). By lawthisquestionnaile mtstbe Red with t o records admi.d9bakx ofthe local gwenwrettal enthy riot later than tha 71h buaineuu day after the date the person becomes aware of facts that requee the statement to be filed.See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.f)D6.Local Goverment Code.An offense under this section is a Class C misdemeanor. 1 Name or person who Inas a business relationship with forst governmental oft. 2 Check IM box Kyou are Mag an update to pravbusly Mod questionnaire. (The law requires that you file an updated completed questionnaire with the appmpriate filing authority net Wer than the 7th business day atter•he dalo the oiginally Med questionnake becomes In empiete or inaccurate.) 3 Name of local government onker wrllh whom filar nes employment or business relationship. Name of officer This section(Mm 3 Including subparts A.B.C fit D) must be completed Rx each officer with whom the 111er has an employment or other NxIness relationship as defined by Section 178.00!(1,8).Local Government Code Attach additional pages to this Form CIO as necessary. A. Is the local goverm ent alflu r named in ft sKWn receiving or skely 10 receive taxable Incon*,other tun invesbrsrs Income,from the tiler of the quesdauake? Q Yes E--1 No B. Is the ttierof Che questonnake receiving or lIkey to receive Vocable Income,other loan Investment Income.tom oral the direction of the local govemnent Wow named In this section AND the Taxable home Is not received tom the local 9ovemmenlel entity? OYes - F No C. Is the ger of this questionnake employed by a corporation or other business entity wflh respect to which Che local government outer serves as an officer or director,or holds an ownership of 10 percent or trace? Yes a No D.Desoto each employment or burskhess relationship with the local govemmedd offlow named in this section. 4 Sigrhdbaa or person deetti budnan Mit itte yavemmenkY an ly Dale . Adopted 0@92aQW-r WASomhlekdWisodlaneouslChapter 176.Atta;hmeotCIQ.092606.doc Page 3 of3 City of Southlake - RFP1409B200TS140012 - Page 20 of 21 Appendix D — No Intent to Submit Form If your firm has chosen not to submit a bid 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: U Fax:U City of Southlake - RFP1409B200TS140012 - Page 21 of 21 OFFICIAL RECORD ORDINANCE NO. 585-D 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-C as provided herein; WHEREAS, the Southlake City Council has determined that amending Ordinance 585-C 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 bearings with respect to the amendment of Ordinance 585-C as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: Ordinance 585-C,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; Ordinance 585-D 2 Southlake Tree Preservation Ordinance 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 finther 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. ereofa. 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. 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. Ordinance 585-D 3 Southlake Tree Preservation Ordinance 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. CALIPER: American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken six(6)inches above the ground for up to four(4)inch caliper size and twelve(12) inches above the ground for larger caliper sizes. 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. 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('/z) of the diameter of each additional trunk, measured at a height of 4 '/I 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. Ordinance 585-D 4 Southlake Tree Preservation Ordinance 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('/z) 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. 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. Ordinance 585-D 5 Southlake Tree Preservation Ordinance 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 ("RO.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. 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. 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. Ordinance 585-D 6 Southlake Tree Preservation Ordinance TREE: Any self-supporting woody perennial plant which will normally attain a trunk diameter of two inches or more when measured at a point four and one-half 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 cant'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. 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. Ordinance 585-D 7 Southlake Tree Preservation Ordinance 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 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, SFl,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 homestead, 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. Ordinance 585-D 8 Southlake Tree Preservation 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 homestead,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 that is used as a homestead. 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. 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 Ordinance 585-D 9 Southlake Tree Preservation Ordinance 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 in. 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. 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; Ordinance 585-D 10 Southlake Tree Preservation Ordinance (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. 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 any building or tree permit, the "tree protection sign",tree preservation instruction detail sheet and approved tree conservation plan shall be posted at each entrance to the subject property, and at any other locations 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. Ordinance 585-D 11 Southlake Tree Preservation Ordinance 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 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 reserved* 0%-20% 70% 20.1-40% 60% 40.1%-60% 50% 160.1%-80% 40% 80.1%- 100% 30% Ordinance 585-D 12 Southlake Tree Preservation Ordinance *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) 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 Ordinance 585-D 13 Southlake Tree Preservation Ordinance 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. 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 585-D 14 Southlake Tree Preservation Ordinance 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. 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 Ordinance 585-D 15 Southlake Tree Preservation Ordinance 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. 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. Ordinance 585-D 16 Southlake Tree Preservation Ordinance 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 a minimum of three inch(3") caliper at 6 inches above ground level,and seven feet in height 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 Administrative Official may require 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,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 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: If 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 Ordinance 585-D 17 Southlake Tree Preservation Ordinance 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. 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. Ordinance 585-D 18 Southlake Tree Preservation Ordinance 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. 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 Ordinance 585-D 19 Southlake Tree Preservation Ordinance 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. 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(14) 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. Ordinance 585-D 20 Southlake Tree Preservation Ordinance 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 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: Ordinance 585-D 21 Southlake Tree Preservation Ordinance 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; 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/retum receipt requested. The notice shall contain the date,time and place of the hearing and the information specified in subsections(a)(i)and(ii). Ordinance 585-D 22 Southlake Tree Preservation Ordinance 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 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 TECINIICAL MANUAL: The illustrative portions of the Tree Technical Manual are for informational purposes only, and to the extent of any conflict between the Ordinance 585-D 23 Southlake Tree Preservation Ordinance 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 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; Ordinance 585-D 24 Southlake Tree Preservation Ordinance 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 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 Ordinance 585-D 25 Southlake Tree Preservation Ordinance 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 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-D 26 Southlake Tree Preservation Ordinance PASSED AND APPROVED on the 1st reading the 6th day of November,2007. MAYOR ATTEST: nCITY SECRETARY '••.,...• Y .•'ror.riue; PASSED AND APPROVED on the 2nd reading the 20`h day of November,2007. MAYOR A': to �V f CITY SECRETARY - • • APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Ordinance 585-D 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 es over 5%),view sheds,ponds,wetlands,etc. 8. Aerial photography of the site showing existing tree canopy on the site Yes No clearl 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, Yes* 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 sitespecific 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 sitespecific conditions 18. Identification of existing vegetative buffers adjoining existing development Yes Yes 19. Stream/creck 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-D 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 styraciflua Austrian Pine Pinus nigra Chinquapin Oak Quercus muhlenbergii Southern Magnolia Magnolia grandiflora Bald Cypress Taxodium distichum Caddo Maple Acer barbatum'Caddo' Texas Hickory Carya texana Western Soapberry Sapindus drummondii Red Cedar Juniperus virginiana American Elm Ulmus amiricana Ordinance 585-D 29 Southlake Tree Preservation Ordinance CITY OF SOUTHLAKE 19 City of Southlake REQUEST FOR PROPOSALS Proposal Reference Number: RFP 1409B200TS 140012 Project Title: Provide Tree Services for City of Southlake Proposal Closing Date: 3:00 P.M.(CST), Friday, November 14, 2014 TABLE OF CONTENTS Tableof Contents................................................................................................................................Page 1 Request for Proposals (1)Introduction..............................................................................................................................Page 2 (2)Definitions................................................................................................................................Page 2 (3)General Information.................................................................................................................Page 3 (4)RFP Withdrawals and/or Amendments....................................................................................Page 3 (5)Proposal Submittal Requirements............................................................................................Page 3 (6)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 13 (5)References..............................................................................................................................Page 14 (6)Trade Secrets and/or Confidential Information......................................................................Page 15 (7)Cooperative Governmental Purchasing Notice......................................................................Page 15 (8)Federal, State and/or Local Identification Information .........................................................Page 15 II Contract Terms and Conditions (1) Delivery of Products and/or Services....................................................................................Page 15 (2) Miscellaneous........................................................................................................................Page 16 (3) Financial Responsibility Provisions......................................................................................Page 16 AppendixC—Form CIQ................................................................................................................Page 18 Appendix D—No Intent to Submit Form......................................................................................Page 21 Attachment'A'—Ordinance#585D........................................................................................................... City of Southlake - RFP1409B200TS140012 - Page 1 of 21 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 CIO): 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. 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. City of Southlake - RFP1409B200TS140012 - Page 2 of 21 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: tsliflca(a)ci.southlake.tx.us;Fax(817)748-8048. 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. Proposal Submittal Requirements A. Submittal Packet — Required Content: All proposals must be submitted electronically. The Proposer must visit www.securebidusa.com and register. Once registered for this 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 SecureBid 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 City of Southlake - RFP1409B200TS140012 - Page 3 of 21 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 www.securebidusa.com. 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. 6. 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. 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 City of Southlake - RFP1409B200TS140012 - Page 4 of 21 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 - RFP1409B200TS140012 - Page 5 of 21 Appendix A — Scope of Services 1. Project Title: Provide Tree Services 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,or 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 City)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 30% Vendors Ability to Provide All Required Services 30% Vendors Overall Cost to Provide Services 20% Vendor References 20% Vendors Available Equipment List 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 October 17,2014 Deadline for Submittal of Written Questions October 29,2014 Sealed Proposals Due to and Opened by City Shown on First Page of this RFP Anticipated Committee Evaluation Review Date December 2014 Anticipated Council Award Date January 2015 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 City of Southlake - RFP1409B200TS140012 - Page 6 of 21 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. 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. It is estimated the three participating cities will spend approximately $210,000 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# 585D 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 will be awarded to at least one primary vendor and one secondary vendor which shall 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 shall also be awarded to at least one primary vendor and one secondary vendor 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 - RFP1409B200TS140012 - Page 7 of 21 maintained properties with tree stumps to be left at surrounding ground levels unless otherwise directed by authorized City of Southlake personnel. D. Stump Grinding: Per section 12.3 of the City of Southlake Tree Preservation Ordinance 585-D 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 shall submit with their bid 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. K. Work Scheduling and Hours: Standard work hours shall be Monday through Friday from 7:OOAM 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 - RFP1409B200TS140012 - Page 8 of 21 IMNPEEIE TREE SERVICES PROPOSAL Presented to: 11,Y i,"F S0UTHLA1<,E TEXAS November 19, 2014 By IM w"REEI 3200 Handley Ederville Rd * Richland Hills,TX 76118 * Phone: (817) 921-2222 www.smithlownandtree.com TABLE OF CONTENTS I. Company History II. Proposed Staffing Plan III. Emergency Procedures IV. Equipment List V. Licensing and Insurance VI. References 21Pafgc COMPANY HISTORY Thank you for considering our company to manage your Tree Service Needs. Should we be chosen to serve you, I am confident you will be extremely pleased with the results. Smith Lawn and Tree (SLAT)was founded in 1997 by Jud Smith. He started the company with one yard but continued to provide excellent customer service in his business through high school and college and grew the company into a small landscape firm. In 2006 Smith Lawn and Tree merged with Metro Horticulture Services and brought on another Owner, Russell Simpler. At that time Smith Lawn and Tree consisted of about 12 Employees. Since then,SLAT has grown to over 90 Employees and their service area covers the entire metroplex. Jud and Russell are both involved in the daily operations of the business. Even through all of the growth,one main focus has remained constant....That focus is to provide the best customer service possible,with exceptional quality, at a competitive price. We are dedicated to customer service;we focus on understanding the needs and objectives of each customer. We then target our full range of maintenance capabilities to meet those specific needs and execute relentlessly day in and day out to make it happen. We could not accomplish this without an incredible staff. Our management professionals are among the most accomplished in their respective fields. Through their leadership,we continue to reach new heights in landscape maintenance,construction, and irrigation services. No matter what size property, large or small,we are committed to providing the best landscape services possible. We look forward to working with you and exceeding your expectations. 31Pag � PROPOSED STAFFING PLAN SMITH LAWN AND TREE MAIN OFFICE 3200 Handley Ederville Rd. Richland Hills,TX 76118 Our 5,000 sf office and 4,000 sf warehouse facility situated on just under 3 acres is only 10-15 minutes from the city of Southlake. Jud Smith-Managing Partner-Would oversee all aspects of the Tree Services for the City of Southlake . He has been involved with Tree services for 17 years and is currently studying to become a certified arborist. Jud Carries Irrigation License TXLI# 17503. Russell Simpler-Managing Partner-Would assist Jud in managing any tree needs for the City of Southlake. He has been involved in the Landscape and Tree industry since 1997. Russell is has Horticulture Degree from Tarleton State University in Stephenville,TX and also carries the company's commercial pesticide license. Chad Anderson-Chemical Applicator-Over 10 Years in Business as Chemical Applicator. Servando Huerta-Tree Foreman and Climber-Currently Runs a crew of 3 to 4 men and is able to perform all aspects of any tree trimming or removal project. Eduardo Nunez-Tree Foreman and Climber-Currently runs a crew of 3 to 4 men and is able to perform all aspects of any tree trimming or removal project. Edgar Vasquez-Tree Foreman and Climber-Currently runs a crew of 3 Men and is able to perform all aspects of any tree trimming or removal project. Glyne Charles-Stump Grinding-Currently takes care of our stump grinding needs. OUTSOURCED SERVICES-Smith Lawn and Tree currently performs all services that would be needed for the City of Southlake Tree Services Contract.There will be no outsourced labor. 41Pag EMERGENCY PROCEDURES Smith Lawn and Tree provides 24 hour a day 7 day a week emergency service. We have an emergency phone line that is answered. In addition, managers are readily available in case of an emergency. Normal time for emergency response on site is less than 1 hour. Our goal is to address any emergency that may arise as quickly as possible and to keep the property manager up to date on the status of the emergency. 51P> i .L EQUIPMENT LIST 1 - 2007 Hino Dump Truck 1 - 2004 Freightliner Dump Truck 1 - 2013 Hino Dump Truck 3 - Vermeer BC 1800XL -18" Brush Chippers Various Stihl Climbing Saws Various Stihl Ground Saws Various Stihl Log Saws Various Pruning Poles 1 - Gooseneck Dump trailer 1 - Tongue Pull Dump Trailer 1 - Tandem Landscape Trailer (for stump grinders) 1 - Large Vermeer Stump Grinder 1 - Small Vermeer Stump Grinder 1 - Cat Skid Loader 3 - Takehuchi Skid Loaders 2 - Mini Skid Loaders 1 - 2007 Isuzu NPR Spray Truck 1 - 100 gallon Spray Rig 1 - 200 gallon Spray Rig Total Fleet of 35 Vehicles 611= LICENSING AND INSURANCE ,ipyf�rM=.?ts rt�c r+.pfivd lu ting)crr.ifiCWec 01.OWNPILI;10x{r,r 12 nr�ryuias,�7jj�n°r t�r etra'rcri of tJ live rve. 4 TA(7 29is) TiC�tlldtKHIK Wid rlalt.w-y provisiom g0>'t:uing pC5tidde appl teaEorr IICenseci and th:.':r U,l:nr pestbicles coat be Found iu Cll:Il7Eci'7.TiLIr 4,of Lhe l Lxol_,f,tdlri_tmal tine Code CL_t.Churw-76 of IIx: Tc-<,,it tigricalltuin Code.respactitrl}- 'FDA's wvb 4LL,1sro6fics convauicat links to these lana.,. Pailure to complywill 7hac laws;iffUlU lin,Ir11:.W:C 111:lny fWll-Cik! My WI b wvGcmiM1. ru;l{en:xi.ln,m+Kli fir vlil7n,47t�ro 13tFOt1 Cf_.'Our liianse 1[iQ:irr t�;eti 7t of mc7nCt;lrY 3dmin15tlathe Venal iC::. if you havc LIMSdOns Yom iicnnsO,plt,,7;C imtwlt ollr-Ali3ti[t ILLeCI iLf lrtef.Loll lire al(97-,i i•TC'-Mill(8?7;$2-3 474)_oi'[-isil(ilfr'u-ab;ite:ll wta h.Ifla.;Lvlt:.lx.n5. Far the he ring impaittXL wu ru:i4 l:a:l Rclut Tcs:r.(51)1)}735-21488(voicel a_i800)735-29811(HID'i n-Lixi:vUru:cbsit,, TEXAS DEPARTMENT OF AGRICULTURE TDACategorieg_ 1'V Fox 12W.Ajelh.TX -ia_ i ^aadk ui 1..Qvm::E i.Or..mttMn rhn Cfjtr1.lERC11A_PES`.CULAITLICATOR r.41 p ;ritmr,,yrecic - orrt: fi B.Luu1.:Jut;c:d'.rz:uCle -1 Plan:+-_r:t:t'uJ%1>_LcJ Mfr� ?BOG[•=YYi0. Vf l-....lia aw.'�:y I:JJ.I;iv :l'Ch:.2•r:i'C,Yfn in J�l•,�71.+I�::il, r sa CIIe111 N;. 039453E I:Ir:4 Ml,.yn.iJr•:7.aJ,l...d i.PJtyu+l.,oi-k-.tt e'I,,ni.,;crrxl !Ir-r:r.Nr 026137 Uahr Exptrs a--5'tai+ 1:cc iloucc r'c CuM :.cr_uc H.vn;i.l�.� u•+ ,ucLzu-G'Limcn -:IT.mi Otam .a:'n•�.:: 3'e6:HYNUL''t G=G':fILLC TF1 ..ta'f:tJ�xceh.» R.Auli-LdlLiueIaiW xon 1 nic'ILt.1J6 I ILL.^:TX iLI x il ...a:.7 Pc:cA,�Cu11at .'e.Ttt�1:c:m-.+err Ca»ra' r,L 11 �..iGrli..iAY�IMIIfa1 f..-»cf:nrw.•; .�irte:a Pr c!.I:ntral i::i:L.'.mtfq.if.. TI1J3Ii 3Y7t9F Lli'[73}:.t..aY,E}7.1.7.M'1 Rlm wKA.V KT.;Kti.4}ta1K:11:,�.hn R13PLL1'_17.tLL1IyII:S. TEXAS DEPARTMENT OF AGRICULTURE TCCGSTAPLES COMMISSIONER P.C.BOX 12347 AUSTIN;TX 78?11 2841 ,9771 LIC-AGRI(8r.- 12-2174) � c� For tha h93-ing in3eired:(809;335-2939 TDD ($;.p)73x2998 VOICE CONTT1IIF UL.ILL.rt5llL:E>li l>1�11[ �l'rt)i:i.iCti.NNR 1115 IN p't 6rrUfl"iti'ti19 M WE'r.JaSe ndu P_UUW—3t IVP lr.::;re: TCA ClieDnt NO 9'8 I I>i+vireccnie u•T_a: Aigirdt—atw.f tarAc:r:Fa rr.L7hrg In ava6..7Hmu+rext•itlecl.a:r.rc xran:irarrrtalaarrsJfrf.^.a.:•r TGA Linen%No. 135111 —,MIO W.11711nx 1 h1a IICZM4 le I*A...1 1'w I:u.,l uer alyd appit'anni MrynmrEtH.r>B of 8911-.il:t':eti use tr-'eB:iJe:ur EfleCii•:e G:711 F,.,AxtAfy•:`5 Id.^.11�l.y rNt01:JJHS ID 2r u4nJ:xxvtdirg to t�tx:.lirc:-ix-ra G-n.b-t will UL usr carirqu-iro:iserJ Lr_Iwv. Exp`.ficn Dam: r.r.:oy: f`r•1E b.r, T..1 F710Er J.r+lIHIIIx?51-5 �•kftvi:"21E;: 3A 7 I P 't CERTIFICATE OF LIABILITY INSURANCE 0/29/3013 I HIS CkHI IFIGAI k Ni WPSUE,D AS A MATTER OF INFORMAWN ONLY AND CONFERS NO RIGHTS ICON THE CERTIFICATE HOLDW 11-0 CERTB'1CATE DOES NOT AFFDLMATWEL'Y OR NEGATIVELY AMEND,EZTEM OR ALTER THE COVERAGE AFFORDED BY THE POLICES 8ELOW. THIS CFRTIFICATF OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEEN'I),IE 14 WHO IN9tDRERlft AUTMWED REPRESENTATIVE OR PRODUCER,AND Tiff CERTIFICATE HOLDER. IMPORTANT. N Iha cartlRcato baster is an ADDITIONAL INSURED,the policptles)must he endoma& If SURRO"1111001 IS WAWM suDleCt to the lemma aid conditions of the policy,certain*1 6cs may regtiro an andorsetnent•A statement on 110*ceAiircele does no!confer rights fo the cwMrata'IaklBr NI Ilan of such w0wasmeMtal" I YNVntN'tN N►1rt: } @NCS 13u...¢ti!LTi 1:'+ R Tlnr�w-e, - TATT! MaTt1z _ 1320 a—tt Ora=v Pity nriv. FfQ IB3T1 332-3313 _ _ K�•INI(a17) 332 3-156 Fart,Wrtt TN 76147 Ac�x�s: _.__ Ctri..,O lVeaPf3k"9i AFFORO1rKi eNArt Nucd � ___... N6UAERA:r—op vNtual Inc co 72965 r INQI:K::! a5i47RERa;LinF3m4at8 Iaau£aaae = 9 10677 Thw 4'rywn Jw L'm-?, T.T"r`Ah, SMttE JALWO a'4 TrGO ., NMAEP C:piaa£anati Ineniswn.ce =kfxpa3y 'J067?—_ 3100 npoc3lay R3eTTilis WNWRa: Y_:ckl!Kae 7ri:1s TZ 753=6 tiN15rQN t:_ _ rA451rlq r: COVERAGES CERTIFICATE NtJL%ER.-r t-. Tn 2142 REVISION NUMBER: -HIS i rO,`.FR7 FY 7HAT"1E 0-1UCItS Ur IN:cLK`d•X..t!S,J.5 HFI IN,:t A.'lF;!=Fr,ISSUED TO i 4IE INuUHEU NA►AED.AR0YF Ff1R`HF KH ICY PT-41..O IRt7CATFN P-011.+171',_'T,;VEll NG AVY;4 1:" RT.TEFt1 OR RlNR:-I;n.:CF ANY id"'N IKACI 0R 0TI-ER_-CY-CANF14T 0 M i I[,,(,e'"10 aNIUI'H a IXRTIFICAIL MAY lik_riak.-C OR MY PF"4TAIN,TF'E ss-40 AVCL 11FFLfi].J BY H=FrA CFS IILHLIN E1 SL aJtL:1 10 Al l THF-FMI4t5 t:e::LLNK)N',Ak-m,r,,%'D 10HS DF V rCH PCIC;r..a Unn s,04OWN MAY�-W F RF91,3F)UC.ED BY*'AID UA?Ai. LT4 lYPl orIMSN�VCC NSR YrVO MCIR`.T NJNQeR M f"T1MCdWYYi i71UQdYTYYS LMTS ��`�1"L�B� ....µ r4El1OCL"JFf�E 1.4(50,n40 43iTE:. f. x n-wuFiw;PL,.Er•ERt,_1a31"r '}3 at>P:lUb0Y10 2j1]12u.a St1.Yi7R:1 ,F�Nt5E3'T=5n'.sti,iwnn: ¢ 500 000 r.al'AS'4Q.7E i I O_C7Ji I ME7 Dm i;E+ui�i ..."...... I P=Ff0v1L&A.t ruix 1,Uu(F.1.00 i@rEiU•L aL;:Mbw;it b 2,40U.Sr00 i ,*W_1SCFE0ATE L NIT All LC.1't 1e y ?iUJL4:p_,;SY:li2:3•r.('�L: $ E,000a G00 �CLI.Y ZIT LC%. 338:.Agglwg.Ew •' # 3,000,000 AUTOMOBILE LIAFALn , 1roell'oo0 P �Z SYY i._T= 3L CC63 la 2/13/3114 21:.1f2115IL— :x:ul rlx_tsn,vns p-r,,�nF i A E STFAV' =Ui531L:3 1 iK:5k1Y1V ti+'Y(f�sii...5.r 11.{ 44t_•�r.iw: C Z i UMBRELLA_tAQ % JL`�LR Y:✓?C 053110 21:.1{2014Q2h+fl�Tr IrA4. .v,- _ ,.LPRERC= .$ 2,OD0,cU0 EXCESSLA3 3-rrac u5CE1 f�sD•iE6h7E $ 2,00J,M) ��S'rDf4LtIW R515NYtRS4T1(]e � J!"37AT- 11,1E AND E71ft.0(OW LIAwuT YEN 7:+CUUU:1337n2 14f:t'l301i it3212015 Zl7Cf2`'LNITS UL a�r�ra_.fkl_�iyc*WIkv_•:.cana•- I r, rw":a a;;ttt n^ S :.,000,C40 ' ie=F fFG,b_'.VRI:tx__Lryry: N!A "- 1 Irr+n34llayk hH1 F lirlxq.-•A EI,'fl.�'7$� 030,Cao r.�FfSm P'fm>y;;f_TthAiY.7ti5 fxhe i w*AM PGL.Cr'LNR ? 1,000J*0 t `J ._. a OESGwnnnN w nPFP4T►3h6.'LOC.4TIDwd:vesNes�s,boob A,4rs17'C1,AekNo,si lan.rT,scnndub.Srnrwe Tyw.s r+gitrs4l CERTIM.ATE HOLDER CANCELLATION SHOUI n ANY OF TUE ABOVE DESCRIBED POLICIE11 BE CANCELLAA)BEFORE TIW EMRATFDN DATE 714vmoF, NDTKE HALL Lit DEUi!IRL'ED RV 1. plw Pendlafl Cort..r_r. ACCORDANCrt"-'If THEPOLICYPRDMSMN$" 41.R1lUwr...,1•n�mnJrnrn•E 19 tSM- ID ACARO CORPORATION. All riginR re9etred_ ACORD 2512090M15) The ACORD name and logo Bre re %Urgd Marks oT AC04M 8 111 a REFERENCES MCD F10 I'VOR i COt;.,N-MY DAY November 18,2010 RE: SMITH LAWN&TREE To Whom It May Concern: Over the past five years,I have worked closely with most members of the Smith team as the Assistant Head of School and operations director at Fort Worth Country Day. It is with great enthusiasm that I recommend Smith Lawn&Tree. Country Day has a hundred-acre campus with seven athletic competition fields.In recent years,the school grounds changed significantly with three major building projects,a new entry/roadway,and regular general campus enhancement. Throughout this period,we used Smith to supplement our regular grounds crew.Routinely,they designed and install gardens around buildings,groomed previously undeveloped parts of campus,or help us tackle a big project. Here are the things that have made Smith Lawn&Tree a valued vendor for Country Day's landscaper. • There are tight windows of time to get work done in a busy campus. Smith crews show up on time as they promise with the right tools to get the work done on time. • They are respectful of the students,staff and school environment.They plant our memorial trees. I even had them out during an Earth Day celebration. • They have worked on highly visible parts of campus,entry gates,Trustee Plaza,Administrative Buildings,interior lawns.I value their design advice and judgment. • They are responsive. When the landscape sub bailed at the last minute on a S7m building project,Smith installed about forty pallets of sod over the weekend. I made a desperate call at 4:OOpm on Friday.The site was ready for a dedication ceremony on Monday. I was fortunate to have an outstanding team of contractors throughout our recent building programs.I include Smith Lawn&Tree in that group.The guys deliver and work well with all constituencies.They are trusted partners and friends of Country Day. Sincerely, Stephen M. Stackhouse Assistant Head of School 4200 Country Day Lane Fort Worth,TX 76109-4299 (817)302-3222 9111 -. r_L Contact: Russell Simpler Phone: (817) 501-6210 Email: russell(@smithlawnandtree.com FOR IMMEDIATE RELEASE LOCAL LANDSCAPE COMPANY RECOGNIZED BY ANGIE'S LIST FORT WORTH, Texas (January 1, 2010) — Smith Lawn and Tree is proud to announce today that the company received a SUPER SERVICE AWARD from Angie's List. for achieving and maintaining a superior service rating throughout the 2009 season. To receive such a distinction, a company must achieve and maintain a superior service rating throughout the previous year. A company must be able to demonstrate that the landscape is maintained at a high degree of quality. "Maintaining the exterior landscape for all of our clients is a responsibility bestowed to the dedicated staff of Smith Lawn and Tree and we don't take it lightly," states Russell Simpler, Managing Partner of Smith, "Our company truly strives to be one of the best in the Green Industry and is proud to have been a part of this distinction. I fully expect our organization to build on its reputation as a leader in our industry and in the Fort Worth community. Smith Lawn and Tree is a commercial and high-end residential landscape development and management company with a wide range of customers, including corporate campuses, office and industrial buildings, private schools, hotels, homeowner associations, retail centers, sports fields, and public spaces. •*• For more information about Smith Lawn and Tree contact Russell Simpler by phone at: 817.921.2222, via e-mail at: russellOsmithlawnandtree.com or by mail at: P.O. Box 11493 Fort Worth, TX 76110. SM 1ROWN ' PEE 1011' cr; e