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Item 4DM 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 4D Approve Contract Renewal for Tree Services with Smith Lawn and Tree Action Requested: Approve contract renewal for tree services with Smith Lawn and Tree (Primary without 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 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 Renewal for Tree Services for City of Southlake RFP1409B200TS140012 Dear: Mr. Simpler: 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 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 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 CITY OE ORIGINAL DOCUMENT SOUTHLAKE CITY OF SOUT . KE 119 Council Actio 1 Ord./Res.No. December 30,2015 Date Approved (') —Oa—1 Co 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 RFP1409B200TS140012". This extension shall become effective February 17,2016 pending City Council approval(CC Award date 01-49.-rip )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:accountspayable(a,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 tmn,,,, Purchasing Manager PPO,CPPB vilAk '''r' City of Southlake co r 1400 Main Street,Suite 440 Southlake,Texas 76092 tslifka@ci.southlake.tx.ussouthlake.tx.us Attest: /l I r ze Fax: 817-748-8048 Lori Payne,TRMC s" Contract Reneeal Accepted:. City Secretary 11,,,,,,.*- pi oo Signed AA _,,. /,i+_ , I Date: 01'02 ego I(0 Approved as to Form and Leg. ' . May• Laura Hill A ' 111 City of Southlake City Attorney crry or SOUTH AKE Ct DOCUMENT al c UTH KE k i t tiond Ord P Date Approved 07 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 anys 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 accountsaavable ancisouthlaketxus 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 CPPO CPP o Purchasing Manager vCityofSouthlake 1400 Main Street Suite 440 I O 4 Southlake Texas 76092 IN tslifkana cisouthlaketxus Attest 0 1 Fax 817 748 8048 Lori Payne TRM Contract and Award Accepted J City Secretary 4c Signed Da 4 nC Approved as to Form and Mayor John Terrell i 4 i City of Southlake City Attornn 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 All proposals submitted to the City of Southlake shall include this page with the submitted Proposal MT N RFP1409B200TS140012 Proms Tlx PROVIDE TREE SERVICES Ifmailtal 300 PM CST FRIDAY NOVEMBER 14 2014 SUbnit trOnI allY to WSeC a aeom Requires email account login and password Pry The Paysage Group LLC dba Smith Lawn and Tree mums Propmers 3200 Handley Ederville Rd Richland Hills TX 761 18 cay z Few Engilerks 26 2604447 Phone Number 817 501 6210 817 595 7334 E4vi russell @smithlawnandtreecom Proposer I the undessignedbam the authorby to execute this is its entkety as mod ear i a contract on bebaffof tt Proposer Printed Mune NM Radtke of Authorized ee R SBIVAIN Sige of Representative rLdrfl ned this 14 d of November 2014 ye I learned of this Request for Proposals by the following means Newspaper Advertisement X 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 REOUIRED 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 andor 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 ScheduleDelivery 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 SERVICES WITH CERTIFIED ARBORIST ON STAFF 1 Pruning Services Tree Pruning Services with a Two 2 Man Crew and Equipment per Scope of Services hour Tree Pruning Services with a Three 3 Man Crew and Equipment per Scope of Services hour Tree Pruning Services with a Four 4 Man Crew and Equipment per Scope of Services hour 2 Right ofWay Clearance Roadway Right of Way Clearing Per Scope of Services manhour 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 sqft gallon inch Pesticide Application soil injection foliar sqft gallon 7 Travel Charge All vendor travel charges should be included in per mile hourly rates listed above If they are not please list 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 per 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 ofWay Clearance Roadway Right of Way Clearing Per Scope of Services 65 manhour 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 200 hour 4 Stump Grinding Stump Grinding to Include All Stumps Regardless of Diameter Per Scope of Services 3 inch 5 Fertilization and Pesticide Application 725 inch Fertilization soil injection foliar 16 sqft 225 gallon 900 inch Pesticide Application soil injection foliar sqft 325 gallon 6 Travel Charge All vendor travel charges should be included in 150per mile hourly rates listed above If they are not please list after 50 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 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 2015 2016 ESCALATION 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 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 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 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 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 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 All Saints Episcopal School Contact Name Jim Osborne Contact Title Grounds Supervisor Phone 682 225 5658 Email jimosborne @aseschoolorg 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 herbertnpraskeynfg@mailmil 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 mgmtcom 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 lindawcrow @uspsgov 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 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 x Yes Others can purchase No Only the City can purchase 8 Federal State andor 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 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 andor 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 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 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 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 covering 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 OFiCCrrrYSOV11iLA ADDENDUM NUMBER 1 To All Proposers Date October 30 2014 Request for Proposal RFP1409B200TS140012 Provide Tree Services for City of South lake Proposal Due Date 300 pm 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 Jackson Chief Financial Officer City of Southlake In the submission of their proposal Proposer must acknowledge receipt of this addendum Proposer shall acknowledge this addendum by signing and returning one copy of this notice with their proposal Signed eadd 3 Dated 11 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 OF INTEREST QUESTIONNAIRE 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 2500 during the preceding twelve month period or an officer or a member of the officers family has accepted gifts with an aggregate value of more than 5250 during the previous twelve month period and the person engages in any of the following actions 1 contracts or seeks to contract for the sale or purchase of property goods or services with the City including any of the following a written and implied contracts utility purchases purchase orders credit card purchases and any purchase of goods and services by the City b contracts for the purchase or sale of real property personal property including an auction of property c tax abatement and economic development agreements 2 submits a bid to sell goods or services or responds to a request for proposal for services 3 enters into negotiations with the City for a contract or 4 applies for a tax abatement andor 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 officers family from a family member a contract or purchase of less than 52500 or a transaction at a price and subject W1SoothlakeMiscdnwoscha ter 176AttaehmdttClQ092608doc 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 wwwethicsstatetxus and a copy of which is attached to this Guideline The form contains mandatory disclosures regarding employment or business relationship with a municipal officer Officials may be asked to clarify or interpret various portions of the questionnaire WHEN The person or business must file 1 the questionnaire no later than seven days after the date the person or business begins contract discussions or negotiations with the municipality or submits an application responds to a request for proposals or bids correspondence or other writing related to a potential contract or agreement with the City and 2 an updated questionnaire within seven days after the date of an event that would make a filed questionnaire incomplete or inaccurate It does not matter if the submittal of a bid or proposal results in a contract The statute requires a vendor to file a FORM CIQ at the time a proposal is submitted or negotiations commence WHERE The vendor or potential vendor must mail or deliver a completed questionnaire to the Finance Department The Finance Department is required by law to post the statements on the Citys internet 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 W15oumlake1Mi Chapter 176Atmdhmwt CIQ092608doc 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 focal governmental entity This questionnaire reflects changes nods to the law by MB 1451 Nth Lea Repair Session OFFXELISE ONLY This questionnaire is being filed in accordance with Chapter 176 Local Government Code oil F4kira bya person who has a business relationship as defined by Section 1760011 a with a local governmental entity and the person meets requirements under Section 176006a Bylawthisquestionnairemustbefledwiththerecordsadministrator ofthebatggovernmental entity not tater than the 71h bueinees day after the date the person becomes aware of facts that require the statement to be filed See Section 176006 Local Government Coda A person commits an offense if the person knowingly violates Section 176006 Local Government Code An offense underthis section is a Class C misdemeanor J Name of person who has a business relationship with local governmental entity J Cheek tits box ltyou are tiling an update toe previously filed questbnnalre The law requires that you file an updated completed questiotmalre with the appropriate filing authortty not later than the 7th business day Martha daft the orighally lged questionnaire becomes rota I hete or inaccurate Name of local government officer with whom filer has employment or business relationship Name of Officer This section Item 3 inducting subparts A B C D nsrst be completed to each officer web whom the liar has an employment or other business relationship as defined by Section 1760011a Local Government Code Attach additional pages to this Form CIO as necesamy A is the local government officer named n this section receiving or likely to receive taxable income other than investment Income from the tier of the auasdaxnke QYes No B Is the taerof the quesOonnake receiving or likely to receive raxab mane other than investment Income tom or at the direction of the local government officer named In this section AND the taxable income 1s not received from the local governmental entity 1 Yes 1 No C is the 9er of this questionnaire employed by a corporation or other business enfty with respect to which the local government officer serves as an officer or director or holds an ownership o110 percent or more 1 Yea n No D Desrnbe each ernployment or business relationship with the local government officer named in ids section Signets of person doing business with cote govemmergel etelty DAs Adopted 00292007 WASomhlelcAMiscellancousChapta 176AnachmentCIQ092608doc Page 3 of 3 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 items required Cannot provide Insurance required Cannot be competitive Cannot provide Bonding required Cannot meet specifications highlighted in the attached Cannot comply with Indemnification request requirement Job too large Job too small Do not wish to do business with the City of Southlake Other Cannot submit electronically COMPANY NAME Please print Authorized Officer Name Please print Telephone Fax City of Southlake RFP1409B200TS140012 Page 21 of 21 OFFICIAL RECORD ORDINANCE NO 585D 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 South lake 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 South lake 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 Citys Comprehensive Master Plan the Southlake 2025 Plan and WHEREAS the City council has given published notice and held public hearings with respect to the amendment of Ordinance 585 C as required by law NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKETEXAS Ordinance 585 C Tree Preservation Ordinance of the City of Southlake is hereby amended to read as follows 10 TITLE This Ordinance shall be known as the City of Southlake Tree Preservation Ordinance 20 FINDINGS The Southlake City Council finds that 21 Trees transpire considerable amounts of water produce oxygen and absorb carbon dioxide thus reducing air pollution 22 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 23 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 24 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 25 Trees provide critically needed habitat and food source for wildlife and 26 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 30 PURPOSE AND INTENT The purpose of this Ordinance is to ensure environmentally sensitive site planning which furthers the preservation of mature trees and natural areas to protect trees during construction to facilitate site design and construction which contribute to the long term viability of existing trees and to control the removal of trees when necessary It is the further purpose of this Ordinance to achieve the following broader objectives 31 Prohibit the clear cutting of property 32 Protect and increase the value of residential and commercial properties within the City 33 Maintain and enhance a positive image for the attraction of new residences and business enterprises to the City 34 Protect healthy quality trees and promote the natural ecological environmental and aesthetic qualities of the City 35 Implement the Environmental Resource Protection recommendations of the Southlake 2025 Plan and 36 Maintain and enhance Southlakes identity as a Tree City USA 40 DEFINITIONS GENERAL RULES The following rules shall be applied in constructing interpreting or otherwise defining the terms hereof a Words used in the present tense shall include the future words used in the singular number shall include the plural number and words used in the plural shall include the singular 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 directors 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 trees root system severing the main trunk of the tree inflicting damage upon the trees 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 twentyfive percent 25 of the critical root zone is adversely affected more than twentyfive 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 CUTFILL 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 s 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 Citys ordinances and regulations Ordinance 585D 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 Citys 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 Citys 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 585D 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 81c MUNICIPALPUBLIC 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 ROW 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 communitys blue print for the Citys 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 98 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 andor 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 Southlakes Comprehensive Master Plan as amended as adopted by the City Council STREET TYPOLOGY MAP The component of the Citys 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 Citys 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 ofway TREE BOARD A board appointed by the City Council to carry out specific duties and responsibilities as set forth in Article 15 of this Ordinance The Zoning Board of Adjustment shall constitute the Tree Board unless the City Council appoints a different tree board TREE CONSERVATION ANALYSIS A preliminary analysis that shows the general site design direction of the development including general placement of building pads parking areas and infrastructure based on the environmental features of the property TREE CONSERVATION PLAN A plan that illustrates in detail the impact of all proposed development including the impact of buildings parking areas streets and all other infrastructure on all environmental features of the site such as protected trees natural creeks ponds steep grades and other critical resources TREE PERMIT The official authorization by the City required to alter any protected tree not exempted by this Ordinance TREE PRESERVATION AREA An area identified on any plan approved by the City Council denoting a significant tree stands which is to be preserved during and after development of that property TREE PROTECTION SIGN A sign furnished by the Citys 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 trees 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 detentionretention 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 50 TREE PERMIT REQUIRED 51 TREE PERMIT REQUIRED Except as provided in Section 53 no person shall alter a protected tree unless the alteration is authorized by a valid tree permit or Multiple Tree Clearing permit 52 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 53 EXEMPTIONS Alteration of the following trees 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 nurserys business d Any tree other than a street tree located on a lot or tract shown on an application or plan for development submitted after the effective date of this Ordinance in any residentially zoned district including but not limited to SF20 SF30 SF1 RE and the lots zoned for residential uses only in the Transition Rural Conservation Planned Unit Development or Employment Center zoning and DT zoning districts which the owner occupies as a 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 owners residence that is used as a homestead 60 TREE PERMIT APPLICATION STANDARDS FOR APPROVAL AND ISSUANCE 61 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 ofway 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 62 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 andor replacement areas j Any information required by Section 73 for a Tree Conservation Plan k Any conditions placed on the approval of the Tree Conservation Plan 1 The names addresses and telephone numbers of those persons or entities who own the property and those persons or entities seeking the permit and m Such additional information as the Administrative Official may reasonably require given the particular characteristics of the property 63 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 64 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 65 STANDARDS FOR APPROVAL a When a complete application is filed under section 61 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 62 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 72 66 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 65a the Administrative Official may defer the approval of such a tree permit to City Council after a recommendation from the Planning and Zoning Commission 67 PERMIT EXPIRATION A tree permit issued in connection with any other permit or plan shall be valid for the period of that permits or plans 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 68 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 70 TREE CONSERVATION ANALYSES TCA AND TREE CONSERVATION PLANS TCP 71 REQUIREMENT A Tree Conservation Analysis TCA and subsequently a Tree Conservation Plan TCP shall be required for any application for development described in Table 10 subject to the following a The Administrative Official may waive any requirement established by Section 73 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 10 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 72 Plan Site Plan Tree Conservation Plan Based on the approved Tree Conservation Analysis or if none on Section 72 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 72 Conservation Plan is also required Final Plat Tree Conservation Plan Based on conformity with the approved Preliminary Plat Plat ShowingPlat Revision Tree Conservation Plan Section 72 Earth disturbance Tree Permit Application Based on the conformity with the approved permitBuilding permit site plan non residential or preliminary plat residential or if none on Section 72 72 STANDARDS FOR APPROVAL a Except as provided by subsection 72b 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 20 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 20 Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire Minimum percentage of the existing tree site cover to be preserved 0 20 70 201 40 60 401 60 50 601 80 40 801 100 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 ofway 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 10 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 manmade 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 73 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 StreamCreek 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 StreamCreek 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 74 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 72 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 fords that it meets the criteria outlined in Section 72 80 TREE REPLACEMENT AND TREE PROTECTION EXCEPTIONS AND APPLICABILITY 81 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 ofway ROW 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 ROW 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 65a2 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 82 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 98 of this Ordinance c All other areas of the proposed development including areas in utility easements and areas designated for cutfill 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 83 TEMPORARY ACCESS AND CONSTRUCTION EASEMENTS a A person commits an offense if the person owns real property and permits access across the persons property or grants a temporary access or construction easement across the owners 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 90 TREE REPLACEMENT AND TREE PROTECTION STANDARDS 91 GENERALLY If required by Section 81 82 or 83 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 92 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 93 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 97 below 94 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 95 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 96 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 97 REFORESTATION FUND A person required to comply with Section 91 and 94 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 98 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 CleaningLiquid 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 andor 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 Citys 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 100 PUBLIC TREES 101 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 ofways City owned parks and city owned properties 102 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 110 TREE PRUNING STANDARDS 111 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 112 REQUIRED PRUNING The owner of land abutting on any public street right ofway 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 113 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 114 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 53 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 65 of this Ordinance a permit allowing the topping of a tree may be issued However tree replacement regulations may apply 120 TREE PLANTING AND REMOVAL STANDARDS 121 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 122 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 123 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 124 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 andor 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 130 PENALTY FOR VIOLATION 131 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 20000 per diameter inch of the trees altered not to exceed Two Thousand Dollars 200000 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 200000 132 CIVIL PENALTIES Any person who 1 violates Section 52 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 20000 per diameter inch of the trees altered not to exceed Two Thousand Dollars 200000 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 97 133 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 mailretum receipt requested The notice shall contain the date time and place of the hearing and the information specified in subsections ai 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 140 ENFORCEMENT 141 DEVELOPERS AGREEMENT The City shall not approve a developers agreement unless the developers 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 142 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 signs in such quantity as required by this Ordinance 143 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 Officials 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 144 CERTIFICATE OF OCCUPANCY No Certificate of Occupancy CO 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 Officials 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 145 ILLUSTRATIVE NATURE OF TREE TECHNICAL MANUAL The illustrative portions of the Tree Technical Manual are for informational purposes only and to the extent of any conflict between the 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 150 APPEALS AND VARIANCES 151 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 US 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 Boards decision If the Tree Board overturns the decision of the Administrative Official the development application or plat shall conform to the Boards decision 152 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 selfimposed 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 160 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 170 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 34 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 35 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 180 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 190 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 313 of the Charter of the City of Southlake 200 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 201 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 202 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 Govt Code Sec 245005 Vernon 2005 or 203 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 204 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 applicants project Ordinance 585 D 26 Southlake Tree Preservation Ordinance PASSED AND APPROVED on the 1st reading the 6th day of November 2007 MAYOR o aae o ATTEST 6400 j gy TY SECRETARY I tot PASSED AND APPROVED on the 2nd reading the 20 day of November 2007 MAYOR LA ATTEST AV f l CITY SECRETARY APPROVED AS TO FORM AND LEGALITY 6k r711CITYATTORNEY 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 grades over 5 view sheds ponds wetlands etc 8 Aerial photography of the site showing existing tree canopy on the site Yes No clearly 9 All individual trees shown on a plan tied by horizontal control ie 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 site specific conditions 17 General status of tree stands on the lot after proposed improvements have Yes No been made trees that protected removed or can possibly be saved based upon site specific conditions 18 Identification of existing vegetative buffers adjoining existing development Yes Yes 19 Streamcreek 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 Ehn 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 barbatumCaddo 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 City of Southlake REQUEST FOR PROPOSALS Proposal Reference Number RFP 1409B200TS 140012 Project Title Provide Tree Services for City of Southlake Proposal Closing Date 300 PMCST Friday November 14 2014 TABLE OF CONTENTS Table of Contents Page 1 Request for Proposals 1 Introduction Page 2 2 Definitions Page 2 3 General Information Page 3 4 RFP Withdrawals andor 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 Packets 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 Proposers Experience Staff Page 13 5 References Page 14 6 Trade Secrets andor Confidential Information Page 15 7 Cooperative Governmental Purchasing Notice Page 15 8 Federal State andor Local Identification Information Page 15 II Contract Terms and Conditions 1 Delivery of Products andor Services Page 15 2 Miscellaneous Page 16 3 Financial Responsibility Provisions Page 16 Appendix C 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 persons 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 documents 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 andor misrepresentation that result from the solicitations which are inadvertently incomplete ambiguous inconsistent or obviously erroneous D Conflict of Interest Questionnaire Form CIQ A person or business and their agents who seek to contract or enter into an agreement with the City are required by Texas Local Government Code Chapter 176 to file a conflict of interest questionnaire FORM CIQ which is found in Appendix C The form must be filed with the City Secretary no later than seven 7 days after the date the person or business begins contract discussions or negotiations with the City or submits an application response to a request for proposals or bids correspondence or other writing related to any potential agreement with the City 2 Definitions Proposal The signed and executed submittal of the entirety of Appendix B Proposal Proposer The Proposer and the Proposers designated contact signing the first page of the Proposal City of Southlake City The City of Southlake Texas City Secretarys 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 tslifka@cisouthlaketxus 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 552001 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 Citys 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 wwwsecurebidusacom 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 Proposers 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 12 x 11 vertically oriented pages numbered at the bottom The City only accepts electronic submissions via wwwsecurebidusacom 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 andor services set forth in the Scope of Services at the prices 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 Citys 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 Proposers 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 8177488312 or email tslifka @cisouthlaketxus 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 manufacturers brand defined in the Scope of Services meets the Citys product and support need The manufacturers 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 manufacturers 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 Citys 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 vendors 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 210000 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 Z1331 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 123 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 vendors employees K Work Scheduling and Hours Standard work hours shall be Monday through Friday from 700AM to 500 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 700 PM to 700 AM City of Southlake RFP1409B200TS140012 Page 8 of 21 M WN E TREE SERVICES PROPOSAL Presented to Irg I Y t SOUTH LAKE TEXAS November 19 2014 By SMI IIL 1 IEE 3200 Handley Ederville Rd Richland Hills TX 76118 Phone 817 921 2222 wwwsmithlawnandtreecom TABLE OF CONTENTS I Company History II Proposed Staffing Plan III Emergency Procedures IV Equipment List V Licensing and Insurance VI References 21 ja12c 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 constantThat 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 31EagC PROPOSED STAFFING PLAN SMITH LAWN AND TREE MAIN OFFICE 3200 Handley Ederville Rd Richland Hills TX 76118 Our 5000 sf office and 4000 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 companys 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 4 1 P a 14 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 Tess 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 5 P a 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 LICENSING AND INSURANCE ApplieMns MT rttI fke1 iu tietga trriilictFec far rrunple rt rr 12 nriMriasjlRon r Onewcu ui lieenv 4 TAt1 21is1 TiCtllatKnlK uJuf hieitixny provisions1 govi111ing pesticide applicator licensees anti lh r u1 or pesticides coat be Found in Ch 111t i Titic 4 of L411 ThtThos atdtti ulrative Code ett CbuFu r 760f0f h TcaS tieriehltute Code respectively 1rD1s web wLC lr4Mr1CS canvuuicL0tlinks to these Paihre to COA1ptrro itilh oc to ins in11LuJu1I Lnitw a ltl lny fTrf114It may r ii1t Jn rcvQ adt 1 ruifenxiln ea fire iinn or proaatiotl of votlr license latdfir ati iessrIIL11t of munettity iduiinistlat ve flCllIItid if you kayo questions re arllirg your tic nsc plore contact our Mina Iicackiltarler toll free it 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00 IE 3G E 55 LsA4 i lac WrE1 DREO0E 30UJtUU fun R57E11701 raw WONsefd0lNNtr 0 1 3 I1 ii A Aral ENFt041F1SC LWNIIiTr YN 111111M1433 14i4 41232015 Z I TCRLNITS 135 e lI JaW rsu S 840530ieFfLGb1191toeLL1YIrrANA 1 rwrinrykhH r Ii a xi AEhPLDSE M COO rFsrsmP131f Gft144 Mt lxa n3F355 PCLC 1303 00 1 s DEsCNIrnns or CPF0ATE5 LOC4TIOwaeetNC 1JU 831117 11 AJetismso NnrN suisk IN lux s rwFnel CERTIFICATE HOLDER iAtiCELAATIGM SHOW D ANT OF THE ABOVE DESCRRHED POUCIEB BE CANCe Ll BEFORE TM EAPIRATFDN BATE THEREOF NO13cE 3318L UL 05LJV31ED Ri ysrglw Pcadlsrg Cost rr ACCORDANCE Y4rI 3145 POLICY PROMISION 141100814tu P1Q I JTATnE 0 1988 AGGRO CORPORATION All rights reserved ACORD 251201044 The ACORD name and logo ate registered mks of ACOR 14 e 81Pa e REFERENCES 4111 WCD FORT WORTH COUNTRY 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 entryroadway 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 Days landscaper There are tight windows of time to get work done in a busy campus Smith crews show up on time as they promise with the right tools to get the work done on time They are respectful of the students staff and school environment They plant our memorial trees I even had them out during an Earth Day celebration They have worked on highly visible parts of campus entry gates Trustee Plaza Administrative Buildings interior lawns I value their design advice and judgment They are responsive When the landscape sub bailed at the Last minute on a 7m building project Smith installed about forty pallets of sod over the weekend I made a desperate call at 4OOpm 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 3023222 9t re Contact Russell Simpler Phone 817 501 6210 76 Email russellPsmithlawnandtreecom FOR IMMEDIATE RELEASE LOCAL LANDSCAPE COMPANY RECOGNIZED BY ANGIES 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 Angies 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 dont 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 8179212222 via email at russelltsmithlawnandtreecom or by mail at PO Box 11493 Fort Worth TX 76110 NEENekaMittlitg 10 cre