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Item 4C
M E M O R A N D U M February 6, 2018 To: Shana Yelverton, City Manager From: Sharen Jackson, Chief Financial Officer Timothy Slifka, Purchasing Manager Subject: Item 4C Approve Contract Renewal for Tree Services with Arbor Masters Tree Service Action Requested: Approve contract renewal for tree services with Arbor Masters Tree Service (Secondary with Arborist). Background Information: In February 2015 the City Council approved this contract for citywide tree services. This contract includes the City of Keller and City of North Richland Hills as participating cities. The City of Southlake is the lead agency. The contract includes service requirements from each of the cities. By combining these individual city services together under one contract we all benefit from the expanded purchasing power. This is the third renewal of this awarded contract. In FY 2017 Southlake spent $191,000 on tree services. With the addition of the services of the cities of Keller and North Richland Hills the total amount spent by all cities is pushed to $300,000 per year. This combining of services provides all three cities with additional purchasing power. Vendor rates are being held at original 2015 contract rates. No increase is requested at this renewal. This multi-city contract provides 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 This contract includes tree services requiring an arborist. Financial Considerations: Costs for City of Southlake tree services are funded through budgeted department maintenance accounts. FY 2017 disbursements were $191,000. FY 2018 Budgeted amount $200,000. Strategic Link: C1 – Achieve the highest standards of safety and security. C2 – Provide travel convenience within the city and region C3 – Provide attractive and unique spaces of enjoyment of personal interests B2 – Collaborate with select partners to implement service solutions Citizen Input/ Board Review: None Legal Review: Attorney reviewed original proposal documents as to form Alternatives: Deny approval and re-bid citywide tree services Supporting Documents: Contract documents Staff Recommendation: Approve contract renewal for this multiple city service. December 18, 2017 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 Renewal for Tree Services for City of Southlake RFP1409B200TS140012 Dear: Mr. Hager: The City of Southlake is providing notification of contract renewal, pending City Council approval, for “Tree Services for City of Southlake RFP1409B200TS140012”. This renewal shall become effective February 17, 2018 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 one (1) 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: 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, T i m S l i f k a Purchasing Manager CPPO, CPPB C i t y o f S o u t h l a k e 1400 Main Street, Suite 440 Southlake, Texas 76092 tslifka@ci.southlake.tx.us Attest: ________________________ Fax: 817-748-8010 C a r o l A n n B o r g e s , T R M C Contract Renewal Accepted: City Secretary Signed: ____________________ Date: ______________ Approved as to Form and Legality: Mayor Laura Hill _____________________ City of Southlake City Attorney ORIGINAL DOCUMENTor,of SO[IT I AICE CITY OF SOUTHLAKE Council Action&N Ord./Res.No. December 30,2015 Date Approved b e --©`o-—1 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 RFP1409B200TS140012 Dear: Mr. Hager: The City of Southlake is providing notification of contract extension,pending City Council approval,for"Tree Services for City of Southlake RFP1409B200TS140012". This extension shall become effective February 17,2016 pending City Council approval(CC Award dateol.L-I )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:accountspayable@ci.southlake.tx.us Other Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal, state,and local sales taxes. All other specifications, terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating in our procurement process. Please call 817-748-8312 with any questions. Sincerely, Tim Slifka Purchasing Manager CPPO,CPPB 31.,{ , City of Southlake C• O ••• ••• 1400 Main Street,Suite 440 d Southlake,Texas 76092 jc ) 4) 71' tslifkana,ci.southlake.tx.us Attest: Fax: 817-748-8048 Lori Payne,TRMC • ••'••....• Contract RerLwal Accepted: City Secretary e,,,,*' ,o Signe. . s' Date: (32-02 -02.0Ke Approved as to Form and Legali • r May Laura Hill City of Southlake City Attorney Oc ORIGINAL DOCUMENT 7UTHLAKE CITY OF SOUTH KE Council Actio OrdRes No Date Approved f7 oZ I 7 10 13 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 companys is the Secondary vendor with Arborist for this contract This award was approved by the City of Southlake City Council on 11 S 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 accountsoayable @cisouthlaketxus 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 IPjj H u n ry aTimSlifkaCPPOCPPB Purchasing Manager City of Southlake 1400 Main Street Suite 440 ioSouthlakeTexas76092 v Co tslifka aecisouthlaketxus Attest Fax 8177488048 Lori Payne TRM Contract and Award Accepted City Secretary Signed Date 001 02 S Approved as to Form and Legali Mayor John Terrell l aaJ y City of Southlake City Attorney 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 20J must be included in the proposal submittal Vendor Vehicle and Equipment List Arborist Certification Information Ait prQktsals ittbmitteti to the City Of5autht rkAt tli fat ItYt this e wi hitate rnttted ra RFP Number RFP1409B200TS140012 Project Title PROVIDE TREE SERVICES Submittal Deadline 300 PM CST FRIDAY NOVEMBER 14 2014 Submit electronically to wwwsecurebidusacom Requires email account login and password Proposer Information Proposers Legal Name Shawnee Mission Tree Service Inc DBA Arbor Masters Tree Service Address 1201 Minters Chapel Road 4304 Cit State Zip Grapevine TX 76051 Federal Employers Identification Number 4 48 0833928 Phone Number 682 223 1796 j Fax Number 682 223 1657 E Mail Address jhager@arbormasters corn Proposer Authorization I 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 41 I 1 1 5 Signature of Authorized Representative Signed this f day of 7v month 2Jf year I learned of this Request for Proposals by the following means Newspaper Advertisement L Cit E mail Notification Southlake Wehsite Cold Call to City Mailed Me a Copy Other SecureBid City of Southlake RFP1409B200TS140012 Page 0 of 21 i f7 i V4 it14fi11ii11II rt fr if 1 i i ir 2M241t1g414t4e444444iF40ii4IltitriiP144 i 4 ey44 t4444i14k1240l7414P141140 4 4 34 Itifii1 44 44 4 ri 4k44ik4kg4rket2k 1110F454464 414iA 4 3 4 4 f44 p 1 e i il Ai174Firi11 r ollfst 95if 1 1151t19 e i7Cerstittebr14igi4l4L 4 4 k11 l q IrtrV14541 4144441IFIIi 2 g illf iir PN sS 44 4 Ik4 itt244M q g 46 tii Iri111f2f4 M F4 1 1 t ItiV 1 iilt li 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Jennings i 1 Certificate Number MW I Expiration Date Dec 31 2016 1 ISA Certified Arbonst i4liTs Steve Driskill CestLate Nurntiet MW 5358A Lrnirrelori Date Dec 31 2010 czte reWlitati keep et 1t1e114 er liceittc 4 TAC724s Remuiatins and stattrtory pfoN yoernirig restic ide zTplicror liceriee and tiveir psticides ithiv Ile found in 1 7 Title 4 rlf thc Ter Adruinu ode and 71 ni Tic ulitte Code respectivtri TIAs eb provides ii encn iiki to these Ltws laduTe to etcapis xvilh these in dut nsus oi itn petieide n ut in r7 usperl inotliiication r prnbati9ri iCl1 and or 21sessrncin cif monetary agifitinim nit t peila it k 11 111 have tions regard in4 yeatir license plezi5A eninact our Austin hlKiiluarttm frk at 077 f 87743422474 or js1tou VNeb at u For the ilt irlIvai red fait ma aU Rolity 1eas l 73587352988 or 90 77 FDD or oucyceb TEXAS DEPARTMENT OF AGRICULTURE TDA Categories DJ 34sljT A 34 1 CMMTIttt td ST CIC A ti P Li C a tatt 1770 IDA Eft EltIIVf5 1 C Listartse 2z 7 Date spler t tmtyl Cit r L 1 itteiLI 7 C115V11 111 3A THIS tzs Vt41lit sts13111 Li nom v kR17 VISVLAN 1 TEXAS OEPARTIVIENT OF AGRICULTURE TODD STAPLFS COMMISSIONER 4 P 0 BOX 12847 AUSTIN TX 7Zt7112a47 a77 8775122 Fc he hartg impaired 130 7352C439 Tnn VOCE 7011FRCIA1 1ItNSE 115 17 i77i W T11 ttetat 1I1 the rsticuimryttailts oi 1r1uft 1 Ci Ao0ticatot1 siatekivitede3e fes1lcid114 TDA 1i1ome No i7 utateis rtierbisittlas ttceoise is tasuest fat it anct zoltlatota tt rfeAte ztr statiai kis spealiudies Cu MU 3 2r t rtlfitliatd hiIF l 17 15 acio7t1anitzi t d 1 C wori fli 1Th19o11itr5 tIstRia 311i1 ttasi 5 SAGN At41 1 CITY Of SOLUHLAKE ADDENDUM NUMBER I To All Proposers Date October 30 2014 Request for Proposal RFP1409B200TS140012 Provide Tree Services for City of Southlake Proposal Due Date 300 pm Friday November 14 2014 1 Addendum No I dated October 30 2014 per Addendum 1 the City orSoutliake is answering vendor submitted questions QUESTION Must the primary contractor have an arborist on staff or are subcontractors with an arboristi permitted ANSWER for award oEthe Primary or Secondary contract for With Arborist awarded vendor must have 1 an arborist on their immediate staff at all times during the contract period Subcontractor arborist will not be allowed for With Arborisr portion of award t 2 There are no other chanzes 9lCtbL n Jr Sharen ckson Chief Financial Officer City of Southlake s 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 Si Dated 1 ft T Company Name 7Ere S 1r2t6 50 t 6 U su ek redace IJcnnm e 7L2in c Brae 10 Sh 2OO Tesag Ri 817718dt32 Arbor asters Tree Servi 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 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 andor 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 andor software if any would be required by the City in order to fully utilize the goods andor 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 Citys 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 2 Man Crew and Equipment per Scope of Services S 19500 hour Tree Pruning Services with a Three 3 Man Crew and Equipment per Scope of Services S 23500 hour Tree Pruning Services with a Four 4 Man Crew and Equipment per Scope of Services 28500 hour 2 Right ofWay Clearance Roadway Right of Way Clearing Per Scope of Services 6000 manhour 3 Tree Removal Services 2 man crew 1 tree climber 1 ground man tss oo hour 3 man crew 2 tree climber 1 ground man 225 00 hour Other Crew configuration PIease list hour City of Soutblake RFPI409B200TS140012 Page 10 of 21 4 Stump Grinding Stump Grinding to Include All Stumps Regardless of Diameter Per Scope of Services 5 00 inch 5 Certified Arborist Cost per hour for Certified Arborist to perform or supervise work as required or requested per Scope 7500 per hr of Services 6 Fertilization and Pesticide Application 10 an inch Fertilization soil injection foliar 73 00 sqft 75 gallon 10 oo inch Pesticide Application soil injection foliar 2300 sqft 125 gallon 7 Travel Charge All vendor travel charges should be included in S 000 per mile hourly rates listed above If they are not please list travel charge per mile after o no miles 8 Other Vendor Fees Other Vendor Fees as Required Please Describe Knuckleboom for debris removal with operator for large quantities of debris nr logs larger than 15 185 00 hour Extra ground man or ftagger 6000 S s s City of Sonthlake RFP1409B200TS140012 Page 11 of 21 Item l Dest iphon of ProductsServices Rate SERVICES WITHOUT CERTIFIED ARBORIST ON STAFF I Pruning Services Tree Pruning Services with a Two 2 Man Crew and Equipment per Scope of Services 19500 hour Tree Pruning Services with a Three 3 Man Crew and Equipment per Scope of Services 23500 hour Tree Pruning Services with a Four 4 Man Crew and Equipment per Scope of Services 28500 hour 2 Right ofWay Clearance Roadway Right of Way Clearing Per Scope of Services B000 manhour 3 Tree Removal Services 2 man crew 1 tree climber 1 ground man 18500 hour 3 man crew 2 tree climber 1 ground man 22500 hour Other Crew configuration Please list hour 4 Stump Grinding Stump Grinding to Include All Stumps Regardless of Diameter Per Scope of Services 500 inch 5 Fertilization and Pesticide Application 1000 inch Fertilization soil injection foliar 210c sqft 125 gallon 1000 inch Pesticide Application soil injection foliar 2300 sqft 129 gallon 6 Travel Charge All vendor travel charges should be included in 000 per mile hourly rates listed above If they are not please list after n nn 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 18500 5 Extra ground man or flanger 5 60 JO 5 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 oneyear extension The Option to Extend will not be considered if funding is unavailable or if the contractors 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 contractors 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 Contractors 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 20152016 ESCALATION p SECOND ADDITIONAL YEAR FY 2016 2017 ESCALATION o THIRD ADDITIONAL YEAR FY 20172018 ESCALATION n FOURTH ADDITIONAL YEAR FY 2018 2019 ESCALATION o 4 Proposers Experience Staff A Project Team Identify all members of the Proposers 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 It 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 Proposers business has been established and operating If Proposers 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 of21 State the number of years experience the business has 50 and the number of employees 180 D Project Related Experience All Proposals must include detailed information that details the Proposers experience and expertise in providing the requested services that demonstrates the Proposers 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 2 Client Company Name Contact Name Contact Title Phone Email Date and Scope of Work Provided Reference 3 Client r 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 RFP1409B200TS140012 Page 14 of 21 6 Trade Secrets andor Confidential Information Trade Secrets andor Confidential Information This proposal does x does not contain trade secrets andor 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 entitys 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 xJ Yes Others can purchase J 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 Proposers Social Security Number I1 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 Pavment 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 Proposers 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 Proposers vendors 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 andor 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 andor 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 he 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 Workers Compensation and Employers 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 OperationsProducts Liability Premises Liability Medical Payments Interest of Employees as additional insureds and Broad Form General Liability Endorsements for at least One Million Dollars 1000000 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 coveting all owned non owned or hired automobiles to be used by the Contractor with coverage for at least One Million Dollars 1000000 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 CIQ For vendor or other person doing business with local governmental entity Aria questionnaire reboots tromps mods to tw low by N i491 Bath Lea Neputar Seaalon MICE ESEONLY This atlestionneire a being fled in atccrdance with Chapter 176 Local Government Code owe swam by a person who has a business retebonstin as defined by Section 1760011 a both a local governmenia entity and the person meets reguiemen under Secdion 1760 a1 By law this ques4onnasre must be filed veal the rococo sari m r of the local governmental entity not tater than the 7th business day atter the date The person becomes aware of facia that require the statement to be tiled See Section 176006 Lscar Government Code A person tonm an offense it the person knowmgiy videtes Section 176 05 Local Govemment Code An offense under this section u a Class C misdemeanor Name of person odic his a business reiation5mD with local government entity 1 Shawnee Mission Tree Service Inc DBA Arbor Masters Tree Service Check this box iryat are Ming an update Loa prswtousiy food quesilcnnahe The law requires that you 518 an usbate1 completed questiavcare vats the aaaraonate filing auhofty not Ater than me 7th Mimeos day ate the data the onarratty fried otreAlornalre eaves tncomoteie or naccwate J Nenta of tni of povernmeru otricer with whom Toter vas employment or business retzuonshm name Qt truer This setrian dem 3 hde3iny subparts E C b t must ts covroistF1 for esth ufricar 5c5 whom the tier has an embirwmem or other wslness reraasnshro as de5ned by Section 176O010 e Local eovene eY C de Attach addeanar pn9es to this orm eta as necessary A 1s Me real government crater namec ar ohs section rerenm or Rely lq receive taxable InoYs oBw tnv aaet1t income him Lin afar of the cuestion iatre 71 YG f Nn a Is Ire ter of the quastimnare recervtng or tartly to tecmva taxable i1CCme her man investmeit inoune from or at fns direction a1 the but government placer names In mfs sectwn AND the tarabte name Is not rscelveo from the local 1 doyen trey I Yes ke C Is the filer ar thls gUeslronalrs enotcyes by a curporalon or outer busness entity near reseed to whttti the rrai goyammaani officer nerves as an officer cr 6Yectcsc or holds an ovinesite of 10 percent or morel 3 ties I No O Desaite each empfoyme t ur busmen relatiorslnp with the iCal gorernr5at offier parted rr tits escour 111414 wawa aonq bsineas Br wvementai eons domec 51129 210 1V eSouddakcIvliscciitncinSChapier 17bArtachment 01 092tifitcloi tope 013 City of Southlake RFP1409B200TS 140012 Page 20 of 21 JCS i 1A t1trmottattft1laiIliIrV4aIrititnltrtlirIt i t 4 t t i irifYlSrifftiiitrhtrtff1tIhtIJItr t fittt4rafttt1ttrIiIJStfttt1ttttitIti4t I t i I f ttj J rtr J t J e l t I t t r H y t t 1 f4 t I r t N r i t iY iij 1JtrtfhtmJffhJtr11ttJtt1tJt4Jti1fJrfiIitJllttudttrtrftInnt1feltJnJ1viiJiHrtffffaftiRi sifi ttterttattotiafig ra y t te fr 01 1 trbortt t It ty11i 4 trtbfttq 5ttcce fu 1 r cotttpCeteb tCie regttttrrtttetttS e t bt 1jeb lit t1t Certification oata of ti 3ittteritattotuat 1ateoctetyof tlje abotie 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