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Item 4E MemoM E M O R A N D U M February 7, 2023 To: Shana Yelverton, City Manager From: Sharen Jackson, Chief Financial Officer Timothy Slifka, Purchasing Manager Subject: Item 4E Approve Contract Renewal for Tree Services with The Paysage Group, LLC, dba Smith Lawn and Tree Action Requested: Approve Contract Renewal for Tree Services with The Paysage Group, LLC, dba Smith Lawn and Tree. Background Information: The purpose of this item is to approve contract renewals for citywide tree services. This is the third renewal for the contract. No increase is requested at this renewal. The contract includes the City of Keller and City of North Richland Hills as participating cities. The City of Southlake is the lead agency. These contracts included service requirements from each of the cities. By combining these individual city services together under one contract, all cities benefit from the expanded purchasing power. In FY 2022 Southlake spent $144,423 on these services. With the addition of the services of the cities of Keller and North Richland Hills the total amount spent by all cities is pushed to $267,946 per year. This combining of services provides all three cities with additional purchasing power. The multi-city contract will provide all tree services for the City of Southlake, City of Keller and City of North Richland Hills to include: ♦ Tree Pruning ♦ Roadway Right of Way clearing ♦ Tree removal ♦ Tree and brush debris removal ♦ Stump grinding ♦ Tree and brush fertilization services ♦ Tree and brush pesticide services Financial Considerations: Costs for City of Southlake tree services are funded through budgeted department maintenance accounts. FY 2022 disbursements were $144,423. 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. January 23, 2023 The Paysage Group, LLC dba Smith Lawn and Tree 3200 Handley Ederville Rd. Richland Hills, Texas 76118 Attn: Mr. Glen Jennings Subject: Notification of Contract Renewal for Provide Tree Services for City of Southlake RFP1911B200TS190023 Dear: Mr. Jennings: The City of Southlake is providing notification of contract renewal, pending City Council approval, for “Provide Tree Services for City of Southlake RFP1911B200TS190023”. This is a multiple vendor awarded contract. Your company’s portion of this contract is being renewed. This renewal shall become effective 2-18-2023 and after City Council approval (CC Award date _________) and shall continue in full force based on the terms and conditions of the initial award. Your company has not requested an increase at this renewal. As such, all pricing, terms, and conditions of the original document shall remain in effect for this renewal period. The terms and conditions proposed and accepted in this renewal agreement are as follows: Line Items Awarded: All Line Items Payment Terms: Net 30 days (Unless otherwise noted – such as pre- and/or partial payment) Method of Payment: Shall be made by purchasing card or purchase order. Delivery Terms: FOB Destination Delivery Locations: IF STATED IN RFP DOCUMENT Term of Contract: Shall be effective for twelve months from date of renewal and is eligible for up to one (1) more one (1) year annual renewals. City Contact: Tim Slifka 817-748-8312 Send all billing to: City of Southlake accountspayable@ci.southlake.tx.us (preferred) or 1400 Main Street, Suite 420, Accounts Payable Southlake, TX 76092 Other Charges: The City of Southlake is a tax-exempt municipal corporation and is exempt from all federal, state, and local sales taxes. All other specifications, terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating in our procurement process. Please call 817-748-8312 with any questions. Sincerely, Tim Slifka Purchasing Manager CPPO, CPPB City of Southlake 1400 Main Street, Suite 420 Southlake, Texas 76092 tslifka@ci.southlake.tx.us Attest: ________________________ Fax: 817-748-8010 Amy Shelley, TRMC City Secretary Contract Renewal Accepted: Signed: ____________________ Date: ______________ Approved as to Form and Legality: Mayor John Huffman _____________________ City of Southlake City Attorney so '[IIIJ ORIGINAL DOCUMENT CITY OF SOUTHLAKE Council Action l Ord./Res.No. December 20,2021 Date Approved S/l/?Z The Paysage Group,LLC dba Smith Lawn and Tree 3200 Handley Ederville Rd. Richland Hills,Texas 76118 Attn: Mr.Glen Jennings Subject: Notification of Contract Renewal for Provide Tree Services for City of Southlake RFP1911B200TS190023 Dear: Mr.Jennings: The City of Southlake is providing notification of contract renewal, pending City Council approval, for"Provide Tree Services for City of Southlake RFP 1911 B200TS 190023". This is a multiple vendor awarded contract. Your company's portion of this contract is being renewed. This renewal shall become effective 2-18-2022 and after City Council approval CC Award date ell I Z?. )and shall continue in full force based on the terms and conditions of the initial award. Your company has not re uested an increase at this renewal. As such, all pricing, terms, and conditions of the original document shall remain in effect for this renewal period. The terms and conditions proposed and accepted in this renewal agreement are as follows: Line Items Awarded: All Line Items Payment Terms: Net 30 days(Unless otherwise noted—such as pre-and/or partial payment) Method of Payment: Shall be made by purchasing card or purchase order. Delivery Terms: FOB Destination Delivery Locations: IF STATED IN RFP DOCUMENT Term of Contract: Shall be effective for twelve months from date of renewal and is eligible for up to two(2)more one(1)year annual renewals. City Contact: Tim Slifka 817-748-8312 Send all billing to:City of Southlake accountspayable@ci.southlake.tx.us(preferred)or 1400 Main Street,Suite 420,Accounts Payable Southlake,TX 76092 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 leiTimSlifka Purchasing Manager CPPO, CP/ City of Southlake 1400 Main Street,Suite 420 o` t i i i ii,/ Southlake,Texas 76092 OJZ H A KF ',/,,, tslifka@ci.southlake.tx.us Attest: co / Fax: 817-748-8010 Shel ryic City Secre y ? -•5\ ' N Contract Renewal Accepted: 1— : Signed: Date: all '22 Ap oved as to Form Leg2rla};••..••'°•/ Mayor Huffman I M 111 M O City of Southlake City Attorn ORIGINAL DOCUMENT C:1IY CITY OF SOUTHLAKE LASOUTHLAKECouncilAction -_ Ord./Res.No. Date Approved I 1 I yl December 23,2020 The Paysage Group.LLC dba Smith Lawn and Tree 3200 Handley Ederville Rd. Richland Hills,Texas 76118 Attn: Mr.Glen Jennings Subject: Notification of Contract Renewal for Provide Tree Services tier City of Southlake RFP 1911 B200TS 190023 Dear: Mr.Jennings: The City of Southlake is providing notification of contract renewal, pending City Council approval, for "Provide Tree Services for City of Southlake RFP191113200TS190023". This is a multiple vendor awarded contract. Your company's portion of this contract is being renewed.This renewal shall become effective 2-18-2021 and after City Council approval CC Award date I—19-wag and shall continue in full force based on the terms and conditions of the initial award. Your company has not requested an increase at this renewal. As such, all pricing, terms, and conditions of the original document shall remain in effect for this renewal period. The terms and conditions proposed and accepted in this renewal agreement are as follows: Line Items Awarded: All Line Items Payment Terms: Net 30 days(Unless otherwise noted—such as pre-and/or partial payment) Method of Payment: Shall be made by purchasing card or purchase order. Delivery Terms: FOB Destination Delivery Locations: IF STATED IN RFP DOCUMENT Term of Contract:Shall be effective for twelve months from date of renewal and is eligible for up to three(3) more one(1)year annual renewals. City Contact: Tim Slifka 817-748-8312 Send all billing to: City of Southlake 1400 Main Street,Suite 420.Accounts Payable Southlake,TX 76092 or Email:accountspayableCc 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 die Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating i our procurement process. Please call S 17-7.18-8312 with any questions. Sincerely, Tim Slifk — yttttttt:rtJ r Purchasing Manager CPPO. CP x ,`N AK •/o City of Southlake it- 1400 Main Street.Suite 420 c?• Southlake.Texas 76092 o- 0: i tslifka a ci.southlake.tx.us s est: • weida Fax:817-748-8010 r 4. A Shelley,T ' C C Secretary Contract •wal Ac pt d: 1 sit t* y\``` Signed Date: I 1 Ic1114 pprovtd to Form an, I. gality:111 Mayor Laura Hill 4/,# City of Southlake City Attorn- SOUTHLAI<E ORIGINAL DOCUNILN 1' 0 CITY OF SOUTI-ILAKIL Council Action&\ January 29,2020 Ord./Res. No. The Paysage Group. LLC dba Smith Lawn and Tree Date Approved rgI I$[Z6 3200 Handley Ederville Rd. Richland Hills, Texas 76118 Attn: Glen Jennings Subject Award Notification for Provide Tree Services for City of Southlake RFP 1911 B200TS190023 Dear Mr. Jennings, The City of Southlake is pleased to inform you that The Paysage Group, LLC dba Smith Lawn and Tree of Richland Hills. Texas is one of three (3)vendors being awarded "Provide Tree Services for City of Southlake RFP1911B200TS190023" The award and this agreement are based on your proposal to the City, copy enclosed, This is a multiple vendor award co tract. Your company's portion of the award is attached. This award was approved by the City of Southlake City Council on a t . The terms and conditions proposed and accepted in this agreement are as follows: Line Items Awarded All Line Items Payment Terms: Net 30 days(Unless otherwise noted-such as pre-and/or partial payment) Estimated Quantities: The City does not guarantee to purchase any minimum or maximum quantity but does contemplate purchasing the awarded items exclusively during the term of the contract from the multiple successful vendors. Method of Payment: Shall be made by City procurement card or purchase order Delivery Terms: FOB Destination Delivery Locations:Vendor Delivery or City employee pick-up Term of Contract: The term of awarded contract shall remain in effect for twelve months from date of award and is eligible for up to four(4)one(1)year annual renewals City Contact: Tim Slifka 817-748-8312 Send all billing to:City of Southlake 1400 Main Street,Suite 420,Accounts Payable Southlake,TX 76092 or via email to accountspayableci 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 attachment to or in response to this agreement will be accepted unless approved in wnting 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 Slifica, CPPO, CPP otllllll/jlPurchasingManagerNLAKS rr.City of Southlake J, l '. 1400 Main Street, Suite 420 c-f Southlake, Texas 76092 tslifka(ci.southlake tx.us 0 i• rk test Y A helley,TR Contract and Z and Accepted i iJ ••.,• City SecretaryO. 11111t*```` Signed ' ;-v Date A v s o d ality I ayor Laura Hill City of Southlake City Attorney Smith Lawn and Tree (U19) Quantity Item Required Unit of Measure Unit Price Total Cost Tree Pruning Services with a Two (2) Man Crew and 1-1 ,Equipment 1 Per Hr 138.00 $ 138.001 Tree Pruning Services with a Three (3) Man Crew 1-2 and Equipment 1 Per Hr_ 190.00 $ 190.00 Tree Pruning Services with a Four(4) Man Crew 1-3 and Equipment 1 Per Hr _ _ $ 240 00 $ 240 00 Tree Pruning Services with a Two(2) Man Crew and 2-1 'Equipment 1 Perr Hr 135.00 $ 135.00 Tree Pruning Services with a Three (3) Man Crew 2-2 and Equipment 1 Per Hr 184.00 $ 184.00 Tree Pruning Services with a Four(4) Man Crew 2-3 and Equipment _1 _ Per Hr 234.00 $234.00 3-1 2 man crew(1)tree climber-(1)ground man __1 Per Hr 138.00 ; $ 138.00 3-2 3 man crew(2)tree climber-i1) ground man 1 Per Hr 188.00 $ 188.00 3-3 4 man crew(2)tree climbers and (2) ground men 1 Per Hr 238.00 $238.00 4-1 Tree Cabling/Bracing, (2) man crew 1 Per Hr 148.00 $ 148.00_, 4-2 Air Spade Services with (2) man crew _ 1 Per Hr _ $ 150.00 $ 150.00 Additional crew member for Traffic Control, tree 4-3 pruning or tree removal services 1 Per Hr 55.00 $ 55.00 4-4 Knuckleboom Truck for debris removal with operator 1 Per Hr 184.00 $ 184.00 4-5 Bucket Truck with Operator 1 Per Hr 150.00 $ 150.00 Stump Grinding to Include All Stumps Regardless of; 4-6 'Diameter 1 Per Each 95.00 $ 95.00 Cost per hour for Certified Arborist to perform or 4-7 supervise work as required or requested 1 Per Hr 75.00 ' $ 75.00 5-1 Fertilization-Soil Injection/Foliar. Per Inch. 1 Per Inch 8.00 $ 8.00 5-2 Fertilization-Soil Injection/Foliar. Per Sq. Ft. 1 Per Square Foot $ 0.40 $ 0.40 5-3 Fertilization-Soil Injection/Foliar. Per Gallon 1 Per Gallon 2.50 $ 2.50 Pesticide Application-Soil Injection/ Foliar. Per 6-_1 ,Inch. 1 Per Inch 10.00 $ 10.00 Pesticide Application-Soil Injection/Foliar. Per Sq. 6-2 Ft. 1 ' Per Square Foot $ 0.50 $ 0.50 Pesticide Application - Soil Injection/Foliar. Per 6-3 Gallon 1 Per Gallon $ 3.00 $ 3.00 All vendor travel charges should be included in hourly rates listed above. If they are not please list 7-1 ;travel charge per mile. 1 Per Mile Per Mile charge to job location after 50 miles from Per Mile After 50 7-2 76092 1 _ Miles 7-3 ;Fuel Surcharge 1 Per Each Invoice $ - $ - Appendix B — Proposal Submittal Checklist: (To determine validity of proposal) V/ Appendix B(pages_9_through _17_)must he included in the proposal submittal Appendix C Conflict of Interest Form(page 17 )must be included in the proposal submittal. Form 1295 Certificate of Interested Party must be included in the proposal submittal.See Page 2. HB 89 and SB 252 Acknowledgement.Sec Page_15_. All pro losals submitted to the City of Southlake shall include this a,e with the submitted Pro)osal. RFP Number: RFP 1911 B200TS190023 Project Title: Provide Tree Services for City of Southlake Submittal 3:00 P.M. (CST), Tuesday January 7, 2020Deadline: Submit Electronically* to: https://southlake.bonfirehub.com/login Requires email account login and password. Proposer Information: Proposer's Legal Name: 'fly__ Gy SqP t.t'J . Li--C. m A JmtV-tr\L«L.i Tr Address: (32 x} .14QYl1C`_` L C yr—v t l\e_ c.y1 City,State&Zip 1,tCl-lirvo `t``S 7 4j I1 Federal Employers Identification Number# '447 7 Phone Number: Z- 2 Fax Number: E-Mail Address: ci Proposer Authorization 1,the undersigned,have the authority to execute this Proposal in its entirety as submitted and enter into a contract on behalf of the Proposer. Printed Name and Position of Authorized Representative: (;‘P..y\Gt,kiJI Signature of Authorized Representative: 1 L A AA Signed this :-7 (day)of 'OP(P_I'\;1Lt- month),) t ( (year) I learned of this Request for Proposals by the following means: Newspaper Advertisement City E-mail Notification Southlake Website Cold Call to City r• Mailed Me a Copy Other LL- Bonfire City of Southlake RFP1911 B200TSI90023 Page 9 of l8 Appendix B—Proposal (continues) REQUIRED PROPOSAL INFORMATION. IN ORDER FOR A PROPOSAL TO BE CONSIDERED COMPLETE, AND TO BE EVALUATED FOR A CONTRACT AWARD BY THE CITY, PROPOSER MUST SUBMIT ALL OF THE FOLLOWING INFORMATION: 1. Proposed Products and/or Services A. Product or Service Description: Proposers should utilize this section to describe the technical aspects, capabilities, features and options of the product and/or service proposed in accordance with the required Scope of Services as identified in Appendix A. Promotional literature, brochures,or other technical information may be used. B. Additional Hardware Descriptions: Proposers should also include in this section a detailed description of what additional hardware and/or software, if any, would be required by the City in order to fully utilize the goods and/or services proposed. C. Guarantees and Warranties: Each Proposer shall submit a complete copy of any warranties or guarantees provided by the manufacturer or Proposer with the Proposal submitted. D. Project Schedule/Delivery Date: Proposer must provide a project schedule noting all projected completion dates for segments of the Project, from start-up to completion,and all delivery dates for goods covered by the RFP. The Proposal must show the number of days required to deliver and install the product or equipment after the receipt of the City's Purchase Order. 2. Cost of Proposed Products and/or Services A. Pricing: Pricing shall reflect the full Scope of Services defined herein, inclusive of all associated cost for delivery, labor, insurance,taxes,overhead,and profit. B. Schedule of Pricing: Proposer shall quote unit pricing in accordance with the itemized listing of products or contract segments stated in the Scope of Services and using the following format: For this procurement the schedule of pricing is not available in hardcopy. You may access it via the online portal (www.southlake.bonfirehub.com). To submit your schedule of pricing, please download the Bid Table and fill it in accordingly per the sample below. For instructions on how to complete Bid Tables, please refer to this article on Bonfire's Support Website. Please note: even if you do not have additional responses, you must download and re- upload the blank document. This is to confirm that you do not require any additional costs. If you have any additional items,please fill out the Additional Responses template accordingly. 3. Term of Contract and Option to Extend Any contract resulting from this RFP shall be effective for twelve months from date of award. The City anticipates that contract shall be renewed pursuant to the availability of funds and at the discretion of the City. The following clauses shall be included in the contract: City of Southlake RFP1911B200TS190023 Page 10 of 18 A. Option_C'lause; It is agreed that City will have the option to extend the contract lOr up to ling-(4) additional yers, in one-year intervals. 'l'o exercise this option, the City shall serve notice 10 days prior to contract termination nr to the end of any one-year extension.The Option to lixtend will not be considered if limiting is unavailable or if the contractor's past perli rmancc 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. liscalation may only occur at the time of renewal and only upon securing the approval of the City in writing. Requests for price adjustments must he solely for the purpose of accommodating an increase in the contractor's cost, not profits. Vendors shall show in this quote their anticipated percent of escalation it/when the option to extend is exercised. The percent quoted will be a maximum. In addition, the percentage proposed will be a factor in determining the best value to the City. It is the average price over the period of the contract that will he the price factor considered in the evaluation of this quote. Quotes in which negative or no escalation is shown will he considered as 0%escalation. C. Price Increases Upon Extension: If approved by the City, the Contractor shall modify the rates charged by the Contractor to reflect any changes shown in the comparative statement delivered to the City. The maximum increase allowed under this provision shall be four percent(4%)per year. The City shall have authority, in its reasonable discretion, to determine the validity of any change in Contractor's rates.City cannot exercise the Option to Extend with any price increases unless the Vendor completes the section of the Quote requesting anticipated percentage of annual escalation. First Additional Year Escalation Percentage A. Second Additional Year Escalation Percentage C) % Third Additional Year Escalation Percentage Fourth Additional Year Escalation Percentage C^' % 4. Proposer's Experience/Staff A. Project Team: Identify all members of the Proposer's team (including both team members and management) who will be providing any services proposed and include information which details their experience. B. Removal or Replacement of Staff: if an assigned staff person must be removed or replaced for any reason,the replacement person must be approved by City prior to joining the project. C. Business Establishment: State the number of years the Proposer's business has been established and operating. If Proposer's business has changed names or if the principals operating the business operate any similar businesses under different names, or have operated any other businesses or changed the legal status or form of the business within the last five (5) years, all names, of predecessor business names, affiliated entities, and previous business entities operated by the principals,if different than present,must be provided; State the number of years' experience the business has: _4C9 ; and the number of employees: 7 D. Project Related Experience: All Proposals must include detailed information that details the Proposer's experience and expertise in providing the requested services that demonstrates the Proposer's ability to logically plan and complete the requested project. City of Southlake RFP 1911 B200TS190023 Page 11 of 18 5. References Proposer shall provide lour (4) references where Pi up,f.ef- has pef Col flied similar to or the same types of services as described herein Reference Ill: Client/Company Name:, Contact Name: Contact Title: Tcc\ P1(.1f; -4\ 104 • L le I-- Phone: ,-,, Ls Date and Scope of Work Provided: t...11"1-\\<6;;32,_ `•cs,1 1 r .)1LA cl Reference#2: Client/Company Name: 1\ ,1-• ),•Jocz\A c\-\\ Contact Name: Contact Title: Ntk,)%4-4) 3 irr Phone: Email: 50 7 Date and Scope of Work Provided: i I ceo— t>ik,ks\rfo)1_00 - Reference#3: Client Company Name: 1 X C- Contact Name: Contact Title: 1\1\`')(./16--- ic2i-xfAv\ Phone: cs . Email: S 14:_aker, Date and Scope of Work Provided: 9c*.A•cw(Nr. rAi\A C CV-11.11 Reference#4: Client Company Name: — rContactName: Contact Title: r-INNA\P.r"l\aXam\-eaf\;:t•:\,.. rare:;1`cl \ Phone: Email: Rc'etri e•A•A\4,---(A.), 1-t Date and Scope of Work Provided: Tret-1.... ctur,a'Aus,) 11- A-N2 City of Southlake RFP1911B2(10TS190023 Page 12 of 18 6. Trade Secrets and/or Confidential In far n alion Trade Secrets and/or Confidential Infi)rnunion. This proposal (does) (does not) contain Trade secrets and/or confidential information. If applicable, describe such trade secrets and confidential information, and the basis for your assertion that such material qualities li r legal protection from disclosure. 7. Federal,State and/or Local Identification Information A. Centralized Master Bidders List registration number: B. Prime contractor I1UH /MWHI;registration number: C. An individual Proposer acting as a sole proprietor must also enter the Proposer's Social Security Number: # 8. Emergency Business Services Contact Notice During a natural disaster, or homeland security event, there may he a need for the City of Southlake to access your business for products or services after normal business hours and/or holidays. The City may request City employee pick up or vendor delivery of product or services. For this purpose,a primary and secondary emergency contact name and phone number are required. It is critical the vendor's emergency contact information remains current. City shall he contacted by E- mail with any change to a contact name or phone number of these emergency contacts. Updates may be emailed to vendors@ci.southlake.tx.us. All products or services requested during an emergency event are to be supplied as per the established contract prices, terms and conditions. The vendor shall provide the fee (pricing) for an after-hours emergency opening of the business, if any. In general,orders will be placed using a City of Southlake procurement card (Master Card) or City issued Purchase Order. The billing is to include the emergency opening fee,if applicable. The contractor shall provide the names, phone numbers and fee (pricing), if any, for an after-hours emergency opening of the business listed below. Business Name: ,jCn 1ri,, 1_c rY.y Contract#: R c)ar; v.L Description: Tr . ' . Cucr r%. Primary Contact(Name): a[6:„\ j 42 v1\tn. Primary Contact Phone Numbers: Home: j)- 6 c) Cell: '( )-Yet s G!( v Secondary Contact(Name): Ri-t-r F' ce Secondary Contact Phone Numbers: Home: I )- L-7.Ll Cell: ?l)-6b'.1--7.4 After Hours emergency opening fee,if applicable: $ .3LJO '"— City of Southlake RFP 1911 B200TS190023 Page 13 of 18 9. Cooperative Governmental Purchasing Notice Other governmental entities maintaining Interl„e:11 agreements with the City, may desire, hut are not obligated, to purchase goods and services defined in this Itl l' from the successful 13iddcr. All purchases by governmental entities, other than the City, will he billed directly to and paid by that governmental entity. The City will not be responsible li r another governmental entity's debts. I governmental entity will place their own orders with the successful Bidder and he responsible for ensuring full compliance with the RFP specifications. Prior to other governmental entities placing orders,the City will notify the successful Bidder of their intent. Please indicate below if you will permit other governmental entities to purchase from your agreement with the City. Yes,Others can purchase I J No, Only the City can purchase H. CONTRACT TERMS AND CONDITIONS. EXCEPT WHERE PROPOSER MAKES SPECIFIC EXCEPTION IN THE SUBMITTED PROPOSAL, ANY CONTRACT RESULTING FROM THIS RFP WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH PROPOSER HEREBY ACKNOWLEDGES, AND TO WHICH PROPOSER AGREES' BY SUBMITTING A PROPOSAL: 1. Delivery of Products and/or Services A. Payment Terms: Unless otherwise specified in the Scope of Services or otherwise agreed to in writing by the City,payment terms for the City are Net 30 clays upon receipt of invoice. B. Warranty of Products and Services: All products furnished under this contract shall be warranted to be merchantable and good quality and fit for the purposes intended as described in this Proposal,to the satisfaction of City and in accordance with the specifications, terms, and conditions of the Scope of Services,and all services performed shall be warranted to be of a good and workmanlike quality,in addition to,and not in lieu of,any other express written warranties provided. C. Late Delivery or Performance: If Proposer fails to deliver acceptable goods or services within the timeframes established in the Project Schedule, the City shall be authorized to purchase the goods or services from another source and assess any increase in costs to the defaulting Proposer, who agrees to pay such costs within ten days of invoice. D. Title to Goods and Risk of Loss: For goods to be provided by Proposers hereunder, if any,the title and risk of loss of the goods shall not pass to City until City actually receives, takes possession, and accepts the goods and the installation of such goods, has tested the system,and determined that it is in good and acceptable working order. 2. Miscellaneous A. Independent Contractor: Proposer agrees that Proposer and Proposer's employees and agents have no employer-employee relationship with City. Proposer agrees that if Proposer is selected and awarded a contract, City shall not be responsible for the Federal Insurance Contribution Act FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will City furnish any medical or retirement benefits or any paid vacation or sick leave. B. Assignments: The rights and duties awarded the successful Proposer shall not be assigned to another without the written consent of the Purchasing Manager. Such consent shall not relieve the assigner of liability in the event of default by the assignee. C. Liens: Proposer shall indemnify and save harmless the City against any and all liens and encumbrances for all labor,goods,and services which may be provided to the City by Proposer or City of Southlake RFP1911 B200TS190023 Page 14 of 18 Proposer's vendor(s),and if the City requests, a proper release of all liens or\atisfitctory evidence of freedom from liens shall he delivered to the City. D. Gratuities I Bribes: Proposer certifies that no bribes in the form of entertainment. gills, or otherwise, were oflbred or given by the successfid Proposer. or its agent or representative. to any City officer, employee or elected representative, with respect to this It FP or any contract with the City, and that if any such bribe is found to have been made this shall he 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 he terminated andior 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 hind the Proposer to any resulting contract. H. Compliance with Applicable Law: Proposer agrees that the contract will he subject to, and Proposer will strictly comply with, all applicable federal, state, and local laws, ordinances, rules, and regulations. I. Compliance with 11B 89: Proposer agrees per 1-113 89 vendor shall not boycott Israel at any time while providing products or services to the City of Southlake. PI Yes, we agree I No, we do not agree I N/A J. Compliance with SA 252: Proposer agrees per SB 252 vendor shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of Southlakc. Xi Yes, we agree I I No, we do not agree 3. Financial Responsibility Provisions A. Insurance: The Proposer, consistent with its status as an independent contractor, shall carry, and shall require any of its subcontractors to carry, at least the following insurance in such form, with such companies,and in such amounts(unless otherwise specified)as City may require: i. Worker's Compensation and Employer's Liability insurance, including All States Endorsement, to the extent required by federal law and complying with the laws of the State of Texas; ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal Injury, Completed Operations/Products Liability, Premises Liability, Medical Payments, Interest of Employees as additional insureds, and Broad Form General Liability Endorsements, for at least One Million Dollars($1,000,000) Combined Single Limit Bodily Injury and Property Damage on an occurrence basis; iii. Comprehensive Automobile Liability insurance covering all owned, non-owned or hired automobiles to be used by the Contractor, with coverage for at least One Million Dollars 1,000,000)Combined Single Limit Bodily Injury and Property Damage. B. Indemnification: Proposer agrees to defend, indemnify and hold harmless the City, all of its officers, Council members, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees, court costs and related expenses,arising out of,connected with,or resulting from any acts or omissions of Proposer or any agent,employee,subcontractor, or supplier of Proposer in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees. City of Southlake RFP1911B200TS190023 Page 15 of 18 Appendix C — Form CIQ JNFORMATION RE(;ARIMNG VENDOR CONFLICT OF INTEREST(NiEST1ONNAIRh; WHO: The tiillowing persons unlit file a l'ontlict of interest Questionnaire with the City if the person has an employment or business relationship with an officer of the ('ity that results in taxable income exceeding$2,500 during the preceding twelve month period, or an nlficer or a member of the officer's Wilily has accepted gills with an aggregate value ol'more than$250 during the previous twelve month period and the person engages in any of the following actions: I. 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('ity for a contract;or 4. applies for a tax abatement and/or economic development incentive that will result in a contract with the City THE FOLLOWING ARE CONSIDERED OFFICERS OF THE CITY: 1. Mayor and City Council Members; 2. City Manager; 3. Board and Commission members and appointed members by the!Mayor and City Council; 4. Directors of 4A and 4B development corporations; 5. The executive directors or managers of 4A and 4B development corporations;and 6. Directors of the City of Southlake who have authority to sign contracts on behalf of the City. EXCLUSIONS: A questionnaire statement need not be filed if the money paid to a local government official was a political contribution,a gift to a member of the officer's family from a family member;a contract or purchase of less than$2,500 or a transaction at a price and subject to terms available to the public;a payment for food,lodging, transportation or entertainment; or a transaction subject to rate or fee regulation by a governmental entity or agency. WHAT: A person or business that contracts with the City or who seeks to contract with the City must tile a Conflict of Interest Questionnaire"(FORM CIQ)which is available online at www.ethics.state.tx.us and a copy of which is attached to this guideline. The form contains mandatory disclosures regarding"employment or business relationships" with a municipal officer. Officials may be asked to clarify or interpret various portions of the questionnaire. WHEN:The person or business must tile: I. the questionnaire—no later than seven days after the date the person or business begins contract discussions or negotiations with the municipality, or submits an application, responds to a request for proposals or bids,correspondence,or other writing related to a potential contract or agreement with the City;and 2. an updated questionnaire—within seven days after the date of an event that would make a filed questionnaire incomplete or inaccurate. It does not matter if the submittal of a bid or proposal results in a contract.The statute requires a vendor to file a FORM CiQ at the time a proposal is submitted or negotiations commence. WHERE: The vendor or potential vendor must mail or deliver a completed questionnaire to the Finance Department. The Finance Department is required by law to post the statements on the City's website. ENFORCEMENT: Failure to file a questionnaire is a Class C misdemeanor punishable by a fine not to exceed 500. It is an exception to prosecution that the person files a FORM CIQ not later than seven business days after the person received notice of a violation. NOTE:The City does not have a duty to ensure that a person files a Conflict of Interest Questionnaire. City of Southlake RFP1911B200TS190023 Page 16 of 18 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes male to the law by M.B. 1491. 60ih Lea.. Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance ::ith Chapter 176.Local Government Code Date Receo.ed by a person who has a business relationship as defined by Section 176.001 i 1-a l ith a local governmental entity and the person meets requirements under Section 176.0061 a By law this questionnaire must be filed Ith the records aaminlstrator of the local governmental entity riot rater than the 7th business day after the date the person becomes a. are of facts that require the statement to be filed. See Section 176.006.Local Government Code A person commits an offense if the person knowingly violates Section 176 006 Local Government Code.An offense under this section Is a Class C misdemeanor. 11 Name of person who has a business relationship with local governmental entity. LiCheck this box if you are filing an update to a previously filed questionnaire. iThe law requires that you file an updated completed questionnaire with the appropriate filing authorih not later than the 71)business day after the date the originally filed questionnaire becomes incomplete or inaccurate i 3 Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A 6 C S Di must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 17' 0Oli Ia. Local Government Code Attach additional pages to this Form CIO as necessary A. Is the local gotiernrnent officer named in this section recer.nig ,r likely to receive taxable income other than investment w come.from the filer of the questionnaire'', I Yes n No 6 Is the filer of the questionnaire receiving or likely to receive taxable income.other than investment income. from or at the direction of the local goverrirraent officer named in this section AND the taxable income is not received from the local governmental entity', I] Yes I] No C Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director or holds an ownership of 10 percent or more? EjYes No 0 Descnbe each employment or business relationship with the local government officer named in this section Signature of person doing business with the govemtnental entity Date Adopted 3i12Si'2007 City of Southlake RFP1911B200TS190023 Page 17 of 18 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3.5,and 6 if there are no of Wrested paructi CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-571539 The Paysage Group dba Smith Lawn and Tree Richland Hills,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/19/2019 being filed. City of Southlake Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a description of the services,goods,or other property to be provided under the contract RFP1911B200TS190023 Provide Tree Services for City of Southlake Nature of interest d Name of Interested Party City,State,Country(place of business)check applicable) Controlling 1 Intermediary 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My address is 1\LO S\r'i{ite3c 1V il.i , ) street) city) state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. f Executed in att-ca4 County, State of 61 y ,on the Li day of (' _ 20 . month) (year) J , 1- AA f Ct Signature of authon d aggentent of contr ting business entity Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d Truck U Dept. Equipment Year/Make/Model VIN Plate 5 _ TREE Chip Truck 2007 HINO 268 5PVNE8JT072S51632 HXG2162 14 TREE Chip Truck 2004 FREIGHTLINER 1FVACWDC24HNO7951 CSW518S 29 TREE Chip Truck 2015 FORD F750 3FRNX7FC7FV711225 FKK17S1 35 TREE Chip Truck 2013 HINO 338 5PVNV81T6D4S52994 DHM4978 57 TREE Chip Truck 2017 FORD F750 1FDNX7DCXHDB11010 KNV0489 1 TREE Wood Chipper 2010 VERMEER 1800 1VRY131Z8A1002685 M083193 2 TREE Wood Chipper 2014 VERMEER 1800 1VRY131ZXE1004380 M006087 3 TREE Wood Chipper 2012 VERMEER 1800 1VRY131Z0C1003140 M006057 4 TREE Wood Chipper 2014 VERMEER 1800 1VRY131Z3E1004415 M018607 5 TREE Wood Chipper 2018 VERMEER 1800XL 1VRY151Z7J1006836 M033138 63 TREE Bucket Truck 2019 FREIGHTLINER M2-106 1FVACWFD2KHKA1590 LBX6139 21 TREE Bucket Truck 2020 FREIGHTLINER M2106 1FVACWFC7KHKS6626 KS6626 65 TREE Knuckleboom 2018 PETERBUILT 1NPCL70X91D492976 LBG2266 25 TREE Knuckleboom 2020 MACK GRANITE 1M2GR4GCOLM017613 MPH0359 6 TREE Tree Fert.Truck 2004 FORD F650 TRUCK 3FRWF65254V604729 CVT4803 13 TREE Stump Grinder 2017 Bandit 2550 N/A N/A 24 TREE Pickup 2019 DODGE RAM 2500 3C6UR5HL5KG683306 56893E5 12 TREE Arrow board Trk 2006 FORD F150 1FTRF12206KD99595 AA41413 43 TREE Pickup 2015 FORD F150 1FTEW1EPSFKF16383 GVR9825 r iINTERNATIONALSOCIETYOFARBORICULTURE CERTIFIED ARBORIST" Glen Jennings Having successfully completed the requirements set by the International Society of Arboriculture, the above named is hereby recognized as an ISA Certified Arborist" 11151iii).' Luana Vargas Caitlyn Pollihan Director of Credentiating Services Executive Oireclor ACCREDITED International Society of Arboriculture International Society of Arboriculture 01347 MW-0532A 21 Nov 1998 31 Dec 2022 ISOIIEC Personnel Certification Program y Certification Number Certified Since Expiration Date ISA Certified Arborist° Applicators are required to keep certificates of completion for 12 months following renewal of a license. 4 TAC§7.24(s) Regulations and statutory provisions governing pesticide applicator licensees and their use of pesticides may be found in Chapter 7,Title 4,of the Texas Administrative Code and Chapter 76 of the Texas Agriculture Code, respecti 7ely. TDA's web site provides convenient links to these laws. Failure to comply with these laws, including misuse of any pesticide. may result in revocation, suspension, modification,or probation of your license and/or assessment of monetary administrative penalties. If you have any questions regarding your license, please contact our Austin headquarters toll free at(877) LIC- AGRI(877-542-2474),or visit our web site at www.TexasAgriculture.gov. For the hearing impaired, you may call Relay Texas(800)735-2988 (voice) or(800)735-2989 (TDD)or visit our web site. Categories: 3A TEXAS DEPARTMENT OF AGRICULTURE P.O.BOX 12847 AUSTIN,TEXAS 78711-2847 Descriptions: or„ 1A Field Crop 3A Landscape Maint COMMERCIAL PESTICIDE APPLICATOR 7 1 B Fruit,Nut,&Veg 3B Nursery Plant Prod LICENSE 1 C Pasture&Rangeland 4 Seed Treatment GLEN JEGININGS441171Y 1 D Vertebrate Pest 5 Vegetation Mgmt 1 E Farm Commodity Pest 6 Aquatic TDA Client No:00454505 Control 1148 WHISTLE STOP DR License No: 0592971 1F Animal Health 7 Demonstr&Research SAGINAW TX 76131 Effective Date: 05/31/2019 1G Citrus 8 Reg Pest Control Expires: 05/31/2020 1 H Livestock Prot Collar 9 Aerial Application 111 11 M-44 Device 11 Soil Fumigation Inc2 Forest Pest Control 12 Public Health Pest Control Iul tf Vector) Front side Back side LAMINATION ADVISED: Please cut out along heavy black lines, placing front and hack sides together, and laminate. TEXAS DEPARTMENT OF AGRICULTURE r r4 COMMISSIONER SID MILLER P. O. BOX 12847 AUSTIN, TEXAS 787 1 1-2847 877) LIC-AGRI (877-542-2474) For the hearing impaired: (800) 735-2989 TDD (800) 735-2988 VOICE www.TexasAgriculture.gov COMMERCIAL PESTICIDE APPLICATOR LICENSE This is to certify that the person whose name appears below has met the requirements of Texas Agnculture Code Chapter 76,relating to application of restricted-use or state-limited-use pesticides or regulated herbicides. This license is issued for purchase and application of restricted-use or state-limited-use pesticides or regulated herbicides to be used according to label directions consistent with the use categories listed below GLEN JENNINGS TDA Client No:00454505 1148 WHISTLE STOP DR License No: 0592971 SAGINAW TX 76131 Effective Date. May 31, 2019 Expires:May 31, 2020 Categories: 1101111111 1111 1111 3A lIllk___.L.—W__ __LillIlli___Allli i Smith Lawn and Tree1111 I Richland Hills, Texas 0l I J i I Is , 1ci I-Cd1ic 7 bll 1/1c 11'c t are i idu rtrti 1 \s or`Iailiill for:1 A. ACCREDITEO) J \Li/hort•nt.' (t, .'l/71ta/ /'l1.7rw.: 1'ra ll.L':: f' tl1IJ1Vl,/llt t' 1! ill, Uh l/T1111 Fl I7/.Itll'.I; l.,r. stlI I i. ii1i: R ,(1':' I)lc7111'.': .71i 1, F o c7,A DUSTKr a' ._.':', .r I/ ,111t7ii111 =.'rrnc.'. CONFIDENCE S. .- . Smith Lawn and Tree Richland Hills, Texas i41< moll/law, cr ieL ri.f/le .IJIII, is i7ool:C,717.7+ .7 :ziac' 5/1i/17411Illsammo/ 1i't1•03ll,il/,ll/ .v i•ll1/t•.Il.' is 1'o1h1 117i•o77q/1 5/18/020 . r ilMar I8. 2017 I I)llc• I't1I)-rI I:011,,•,l I1it•1 I'rot:r,7n7 L'I l i.:cr CITY OF SOUTHLAKE ADDENDUM NUMBER# 1 To: All Proposers Date: December 23,2019 Request for Proposal: RFP1911B200TS1900023 Provide Tree Services for City of Southlake Proposal Due Date: 3:00 p.m.,Tuesday January 7,2020 1. Addendum No. 1, dated December 23, 2019, per Addendum #1, the City of Southlake is answering vendor submitted questions. Question: Will this proposal need to take into consideration any pruning or line clearance trimming within 10' of high voltage powerlines? Answer: No. Pruning or trimming services around high voltage powerlines are coordinated through the electrical provider. 2. There are no other changes. W/2 „ Mary organ Deputy Director, Finance City of Southlake In the submission of their proposal, Proposer must acknowledge receipt of this addendum. Proposer shall acknowledge this addendum by signing and returning one copy of this notice with their proposal submission. Signed: A Dated: I 2_7/ 2619 Company Name:TV e f 361 fr',.., fJ C;l S M Le-t 1 . ,w,l 1-e City of Southlake • Finance Department • 1400 Man Street,Suite 420 • Southlake,Faxes 76092 617.748.8312 Primary Responses Success:All dad is valid! MOM9' cfaos anda rs Ytie/1.twa Unit Price 1etrOeat Services With Aborist Success:All values provided Bid a1.1 Tres Pruning Services with a Two(2)Man Crew 1 Per Hr S 13800 S 13800 and Equipment Success:All values provided Bid r1-2 Tree Pruning Services with a Three(3)Man Crew 1 Per Hr S 190 00 S 190 00 and Equipment r1-3 Tree Pruning Services with a Four(4)Man Crew 1 Per HI S 240 00 S 2a0 00 Success:All values provided Bid and Equipment Services Without Aborist Success:Al values provided Bid r2-1 Tree Pruning Services with a Two(2)Man Crew 1 Per Hr S 13500 5 135 00 and Equipment Suews:All values provided Bid #2-2 Tree Pruning Services with a Three(3)Man Crew 1 Per Hr S 184 00 S 184 00 and Equipment Success:All values provided Bid r2-3 Tree Pruning Services with a Four(4)Man Crew I Per Hr S 234 00 S 234 00 and Equipment Roadway Right of Way Clearing Success:All values provided Bid r3-1 2 man crew(1)tree climber—(1)ground man I Per Hr $138 00 $13800 Success:All values provided Bid d3-2 3 man crew(2)tree climber—(1)ground man I Per Hr S 188 00 S 188 00 Success:All values provided Bid r13-3 4 man crew(2)tree climbers and(2)ground men I Per Hr S 238 00 5 238 00 Additional Services Success:All values provided Bid *4-1 Tree Cabling/Bracing,(2)man crew 1 Per Hr S 148 00 S 148 00 Success:All values provided Bid a4-2 Air Spade Services with(2)man crew 1 Per Hr S 150 00 S 150 00 Success:All values provided Bid rd-3 Additional crew member for Traffic Control,tree 1 per Hr 5 55 00 S 55 00 pruning or tree removal services Success:All values provided Bid 04-4 Knuckleboom Truck for debris removal with 1 Per Hr S 184 00 S 184 00 operator Suums All values provided Bid #4-5 Bucket Truck with Operator I Per Hr 5 150 00 S 150 00 Success:All values provided Bid 84-6 Stamp Grinding to Include All Stumps 1 Per Each S 95 00 S 95 00 Regardless of Diameter Cost per hour for Certified Arborist to perform or Success:All values provided Bid 14-7 1 Per Hr S 75 00 5 75 00 supervise work as required or requested Fertilization-Soil Injection 1 Foliar Success:All values provided Bid 05-1 Fertilization—Soil Injection I Foliar.Per Inch. I Per Inch S 8 00 S 8 00 Success:All vetoes provided Bid 2 Fertilization-Soil Injection I Foliar.Per Sq.Ft. Ias- Per Square Fool 5 0 40 5 0 40 Success,All values provided Bid its-3 Fertilization-Soil Injection I Foliar.Per Gallon I Per Gallon S 2 50 5 2 50 Pesticide Application-Soil Injection I Foliar Success:All values provided Bid ae-i Pesticide Application-Soil Injection I Foliar.Per per loco 5 Io oo 5 Io 00 Inch. Success:All values provided Bid 06-2 Pesticide Application-Soil Injection/Foliar.Per I Per Square Foot 5 0 50 5 o so Sq.Ft Success:All velue.provided Bid e63 Pesticide Application-Soil Injection/Foliar.Per I per Gallon 0 300 s 300 Gallon Additional Vendor Fees Not Listed All vendor travel charges should be included in Success:All values provkled Bid a7-I hourly rates listed above.If trey are not please 1 Per Mile $0 00 5 0 00 list travel charge per mile. Success:AS values provided Bid a 2 Per Mile charge to job location after 50 miles I per Mae After 50 5 0 00 5 0 00 from 76092 Miles Success:MI values provided Bid 07-3 Fuel Surcharge I Per Each Invoice S 0 00 5 0 00