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Item 4F 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 4F Approve Contract Renewal for Tree Services with The F.A. Bartlett Tree Expert Company Action Requested: Approve Contract Renewal for Tree Services with The F.A. Bartlett Tree Expert Company. 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 F.A. Bartlett Tree Expert Company 1900 Brumlow Avenue Southlake, Texas 76092 Attn: Mr. Matthew Farin Subject: Notification of Contract Renewal for Provide Tree Services for City of Southlake RFP1911B200TS190023 Dear: Mr. Farin: 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 1 Timothy Slifka From:Michael Smith <msmith@Bartlett.com> Sent:Wednesday, January 11, 2023 7:51 PM To:Timothy Slifka Subject:RE: Contract Renewal for City of Southlake Tim, Happy new year! No increase requested. Michael Smith Arborist Representative #TX4292A BS Forestry, Stephen F. Austin State University Bartlett Tree Experts, Southwest Division 1900 Brumlow Ave Southlake, TX 76092 817-829-1495 C | 817-656-8733 O | 972-620-2932 F | www.bartlett.com MICHAEL SMITH BARTLETT TREE EXPERTS 1900 Brumlow Ave, Southlake, TX 76092 p (Cell)817-829-1495 (Office)817-656-8733 e msmith@Bartlett.com facebook.com/bartletttreeexperts bartlett.com From: Timothy Slifka <tslifka@ci.southlake.tx.us> Sent: Monday, January 9, 2023 4:46 PM To: Michael Smith <msmith@Bartlett.com> Subject: Contract Renewal for City of Southlake Good afternoon Mr. Smith. I’m getting an early jump on our contract renewals for the coming year. Will your company be requesting an increase in contract rates at this renewal? If no increase is requested, please respond with “No Increase Requested”, and I can get the renewal paperwork completed and processed for approval. If you will be requesting an increase I will need to send you additional paperwork and also will require documentation on how your costs have increased to justify an increase. Caution: This is an External E-mail From Outside Bartlett. Do Not Click On Links And Attachments Unless You Know The Content Is Safe. 2 Please let me know at your convenience. Regards, Tim Timothy Slifka, CPPO, CPPB Purchasing Manager 1400 Main Street Suite 420 Southlake, Texas 76092 Phone: 817-748-8312 Fax: 817-748-8010 CityofSouthlake.com * Current Bidding Opportunities * Please take a moment and click on the appropriate link below to complete our Purchasing Department Survey. Your answers will help us to continually improve our services. * City Staff Survey * * Internal Staff Bid Survey * * Vendor Survey - How are we Doing? * CITY SpOF p{E ORIGINAL DOCUMENT CITY OF SOUTI-ILAKE 1:W Council Action 0'vOrd./Res. No. Date Approved December 20,2021 The F.A. Bartlett Tree Expert Company 1900 Brumlow Avenue Southlake,Texas 76092 Attn: Mr.Matthew Farin Subject: Notification of Contract Renewal for Provide Tree Services for City of Southlake RFP1911B200TS190023 Dear: Mr. Farin: 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 contrac is being renewed. This renewal shall become effective 2-18-2022 and after City Council approval CC Award date I1 I3Z.)and shall continue in full force based on the terms and conditions of the initial award.Your company has not r q ested 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 accountspayableAci.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. Sincerelyy, Tim Sliflea Purchasing Manager CPPO, CPPB City of Southlake 1400 Main Street, Suite 420 Southlake,Texas 76092 tsliflca@ci.southlake.tx.us A Fax: 817-748-8010 0\0A K F t hel TRMC TF City Secret Contract Renewal Accepted: 0 .• 9 Signed: Date: 4:9'''1 \—=o:A' s to Forman gality: or Jo uffmanfr7•' City of Southlake 0 •••• ..... •''• * $City Attorne Timothy Slifka From: Michael Smith <msmith@Bartlett.com> Sent: Friday, December 17, 2021 12:02 PM To: Timothy Slifka Subject:RE: Contract Renewal for City of Southlake Follow Up Flag: Follow up Flag Status: Flagged No Increase Requested. Michael Smith Arborist Representative #TX4292A BS Forestry, Stephen F. Austin State University Bartlett Tree Experts, Southwest Division 11376 Kline Dr. Dallas,TX 75229 817-829-1495 C 1817-656-8733 0 1972-620-2932 F I www.bartlett.com MICHAEL SMITH BARTLETT TREE EXPERTS 1900 Brumlow Ave. Southlake, TX 76092 p(Cell)817-829-1495 (0ffice)817-656-8733 e msmith@Bartlett.com facebook.com/bartletttreeexperts bartlett.com From:Timothy Slifka<tslifka@ci.southlake.tx.us> Sent:Thursday, December 16, 2021 8:04 AM To: Michael Smith <msmith@Bartlett.com> Subject:Contract Renewal for City of Southlake External E-mail From Outside Bartlett.Do Not Click On Links And Attachments Unless You Know The Content Is Safe. Good morning Mr. Smith. We are coming up on our annual renewal and I wanted to reach out to see if pricing will remain the same at this renewal or will your company be requesting an increase in contract rates? If no increase is requested, please respond with "No Increase Requested" and I will complete the renewal and seek City Council approval. If you are requesting an increase I will need to send additional paperwork. 1 Thank you in advance! Tim Timothy Slifka, CPPO, CPPB Purchasing Manager 1400 Main Street Suite 420 Southlake, Texas 76092 Phone: 817-748-8312 Fax: 817-748-8010 tslifka@ci.southlake.tx.us CityofSouthlake.com Current Bidding Opportunities * Please take a moment and click on the appropriate link below to complete our Purchasing Department Survey. Your answers will help us to continually improve our services. City Staff Survey * Internal Staff Bid Survey * Vendor Survey - How are we Doing? * C.- ::::". 1: 442021AwardWinner „, 2 ORIGINAL DOCUMENT CITY OF SOUTHLAKE 1T,•Ca SOUTHLAKE Council Action:TN ig Ord./Res.No. Date Approved I l i412,4 December 23,2020 The F.A. Bartlett Tree Expert Company 1900 Brumlow Avenue Southlake,Texas 76092 Attn: Mr.Matthew Farin Subject: Notification of Contract Renewal for Provide Tree Services for City of Southlake RFPI91 IB200TS190023 Dear: Mr. Farin: The City of Southlake is providing notification of contract renewal, pending City Council approval, for"Provide Tree Services for City of Southlake RFP 19I 1 B200TS 190023". This is a multiple vendor awarded contract. Your company's portion of this contract is being renewed.This renewal shall become effective 2-18-2021 and after City Council approval CC Award date 1-IC-.1oa))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(I)year annual renewals. City Contact: Tim Slifka 817- 748-8312 Send all billing to: City of Southlake 1400 Main Street,Suite 420,Accounts Payable Southlake,TX 76092 or Email:accountspayable@ci.southlake.tx.us Other Charges: The City of Southlake is a tax-exempt municipal corporation and is exempt from all federal. state,and local sales taxes. All other specifications. terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating procurement process. Please call 817-748-8312 with any questions. 0________,..„-) Purchasing Manager CPPO, CPPB City of Southlake I400 Main Street.Suite 420 otittlrii , Southlake,Texas 76092 J, N A KF, ;` tslifkairlci.southlake.tx.us O :• Anet s4`.._ , Fax:817-748-8010 co f '` clley, MCZ. O c City=secretary Contract R wal Accep d: y s. / Sign /, L.,,,te Date: 1 Q N Vkl v pti a to ornt egality: Ma or Laura Hill iifft •. t C. of Southlake ity Anor ey Timothy Slifka From: Michael Smith <msmith@Bartlett.com> Sent: Wednesday, December 23, 2020 11:30 AM To: Timothy Slifka Subject:Southlake Contract Tim, No Increase Requested. Merry Christmas, Michael Smith Arborist Representative#TX4292A BS Forestry, Stephen F. Austin State University Bartlett Tree Experts, Southwest Division 11376 Kline Dr. Dallas,TX 75229 817-829-1495 C 1817-656-8733 0 1972-620-2932 F I www.bartlett.com MICHAEL SMITH BARTLETT TREE EXPERTS 1900 Brumlow Ave, Southlake, TX 76092 p(Ce11181 7-829-1 495 (Office)817-656-8733 e msmith@Bartlett.com facebook.com/bartletttreeexperts bartlett.com 1 SOUTHLAKE ORIGINAL UT' CITY OF SOUTDOCHLAKEMEN Council Action'N Res. No. January 29, 2020 DatOrd./e Approved g The F.A. Bartlett Tree Expert Company 1900 Brumlow Avenue Southlake,Texas 76092 Attn. Matthew Farm Subject.Award Notification for Provide Tree Services for City of Southlake RFP1911 B200TS190023 Dear Mr Farin. The City of Southlake is pleased to inform you that The The F A. Bartlett Tree Expert Company of Southlake, 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 c ntra . Your company's portion of the award is attached. This award was approved by the City of Southlake City Council on The terms and conditions proposed and accepted in this agreement are as follows. Line Items Awarded All Line Items Payment Terms: Net 30 days(Unless otherwise noted—such as pre-and/or partial payment) Estimated Quantities' The City does not guarantee to purchase any minimum or maximum quantity but does contemplate purchasing the awarded items exclusively during the term of the contract from the multiple successful vendors. Method of Payment: Shall be made by City procurement card or purchase order Delivery Terns. FOB Destination Delivery Locations:Vendor Delivery or City employee pick-up. Term of Contract: The term of awarded contract shall remain in effect for twelve months from date of award and is eligible for up to four(4)one(1)year annual renewals City Contact: Tim Slifka 817-748-8312 Send all billing to:City of Southlake 1400 Main Street,Suite 420,Accounts Payable Southlake,TX 76092 or via email to accountspayable(atci 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, CPPO, CPPB Purchasing City of SouthlakeManager OVT 1400 Main Street. Suite 420 5 . Southlake.Texas 76092 tslifka@ci.southlake tx us X test: I-- : rJ, W= Amy elley,TRMC Contract and and Accepted. City Secretary f,,*r Signed: Date ` 7C11111111" Azov j an ty yor Laura Hill City of Southlake City Attorney The F.A. Bartlett Tree Expert Company Un-selected Items Quantity Item Required Unit of Measure _ __ i Knuckleboom Truck for debris removal with 4-4 operator 1 -- Per Hr No Bid All vendor travel charges I should be included in i hourly rates listed above. , If they are not please list 7.1 gavel charge per mile. _ 1 Per Mile I No Bid Per Each 7-3 Fuel Surcharge 1 1 Invoice No Bid r- Quantity ---- -- - Total Item Required Unit of Measure Unit Price Cost 1-1 Tree Pruning Services wits 1 Per Hr 170.00 ' $ 170.00 1-2 Tree Pruning Services wit+1 Per Hr 255.00 $ 255.00 1-3 Tree Pruning Services wit 1 Per Hr 340.00 $ 340.00_ 2-1 Tree Pruning Services wit 1 Per Hr 170.00 $ 170.00 2-2 Tree Pruning Services wit!1 -Per Hr - $255.00 $255.00 2-3 Tree Pruning Services wit 1 Per Hr 340.00 $ 340.00_ 3-1 2 man crew(1)tree climb(1 Per Hr i $ 170.00 ' $ 170.00 3-2 3 man crew(2)tree climbi 1 r Per Hr 255.00 ' $ 255.00_ 3-3 4 man crew(2)tree climb i 1_ Per Hr_-_$-340.00 $ 340.00 4-1 Tree Cabling/Bracing, (2) _ 1 _ __Per Hr___ , $250.00 $250.00 4-2 Air Spade Services with(2 1 Per Hr 240.00 $ 240.00 4-3 Additional crew member fa'1 Per Hr 85.00 . $ 85.00 4-5 Bucket Truck with Operate 1 -- Per Hr 170.00 , $ 170.00 4-6 1 Stump Grinding to Include 1 Per Each -^$ 125.00 $ 125.00_ 4-7 :Cost per hour for Certified 1 _ Per Hr 125.00 $ 125.00 5-1 _Fertilization-Soil Injectioi - 1 _ _ _Per Inch - $_ 10.00 $ 10.00 Per Square 5-2 ,Fertilization-Soil Injectioi 1 Foot_ $_ 0.25 $ 0.25 5-3 Fertilization-Soil Injectiol 1 Per Gallon $ 3.50 L$ 3.50 6-1 Pesticide Application-So 1 _ Per Inch $ 12.00 $ 12.00_ Per Square 6-2 Pesticide Application-So_ 1 Foot 0.30 $_0.30 6-3 Pesticide Application-So 1 Per Gallon $ 3.50 $ 3.50_ Per Mile After 7-2 Per Mile charge to job loci 1 50 Miles $ 0 80 $ 0 80_ SOUTHLAKE 0 City of Southlake REQUEST FOR PROPOSALS Proposal Reference Number: RFP1911B200TS190023 Project Title: Provide Tree Services for City of Southlake Proposal Closing Date: 3:00 P.M.(CST), Tuesday January 7, 2020 TABLE OF CONTENTS Table of Contents Page 1 Request for Proposals 1)introduction Page 2 2)Definitions Page 3 3)General Information Page 3 4)RFP Withdrawals and/or Amendments Page 3 5)Estimated Quantities Page 3 6)Proposal Submittal Requirements Page 3 7)Proposal Evaluation and Contract Award. Page 4 Appendix A—Scope of Services 1)Project Title Page 6 2)Scope of Services Contact Page 6 3)Special Conditions.... Page 6 4)Proposal Evaluation Factors Page 6 5)Brand Manufacture Reference Page 6 6)Key Events Schedule Page 6 7)Scope of Services Page 6 Appendix B—Proposal label Format for Submittal Packet's Sealed Envelope Page 9 I Required Proposal Information 1)Proposed Product Page 10 2)Cost of Proposed Product Page 10 3)Term of Contract and Option to Extend Page 10 4)Proposer's Experience/Staff Page 11 5)References Page 12 6)Trade Secrets and/or Confidential Information Page 13 7)Federal,State and/or Local Identification Information Page t3 8)Emergency Business Services Contact Notice Page 13 9)Cooperative Governmental Purchasing Notice Page 14 II Contract Terms and Conditions 1) Delivery of Products and/or Services Page 14 2) Miscellaneous Page 14 3) Financial Responsibility Provisions Page 15 Appendix C—Form CIQ Page 16 Appendix D—No Intent to Submit Form Page 18 Attachment A—Southlake Tree Preservation Ordinance#585E City of Southlake RFP1911B200TS190023 Page 1 of 18 Southlake, Texas Request for Proposals 1. Introduction A. Project Overview: The City of Southiake is requesting Proposals with the intent of awarding a contract for the purchase of goods and services contained in Appendix A—Scope of Services. B. Questions: Following are contacts for questions as identified. i. RFP Clarifications: All questions related to requirements or processes of this RFP should be submitted in writing to the Purchasing Manager identified in section 2 below. ii. Scope of Service Questions: All questions related to the scope of services should be submitted in writing to the contact person(s)noted in Appendix A—Scope of Services. iii. Replies: Responses to inquiries which directly affect an interpretation or effect a change to this RFP will be issued in writing by addendum posted to City website. All such addenda issued by City prior to the submittal deadline shall be considered part of the RFP. The City shall not be bound by any reply to an inquiry unless such reply is made by such formal written addendum. iv. Acknowledgement of Addenda: The Proposer must acknowledge all addenda by signing and returning such document(s)or by initialing appropriate area of the Proposal. C. Notification of Errors or Omissions: Proposers shall promptly notify the City of any omissions, ambiguity, inconsistency or error that they may discover upon examination of this RFP. The City shall not be responsible or liable for any errors and/or misrepresentation that result from the solicitations which are inadvertently incomplete,ambiguous,inconsistent or obviously erroneous. D. Conflict of Interest Questionnaire(Form CIO): A person or business,and their agents,who seek to contract or enter into an agreement with the City,are required by Texas Local Government Code, Chapter 176, to file a conflict of interest questionnaire(FORM CIO) which is found in Appendix C. The form must be filed with the City Secretary no later than seven (7) days after the date the person or business begins contract discussions or negotiations with the City, or submits an application,response to a request for proposals or bids,correspondence,or other writing related to any potential agreement with the City. E. Form 1295 Certificate of Interested Parties: In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency.The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or 2)has a value of at least S 1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. Please go to the Texas Ethics Commission webpage www.ethics.state.tx.us) for full instructions and to complete the required steps for creation of Form 1295. Once the form is completed online, printed and signed please return the form with your proposal submission. City of Southlake RFP191 1B200TS 190023 Page 2 of I S 2. Definitions Proposal: The signed and executed submittal of the entirety of Appendix B—Proposal. Proposer: The Proposer and the Proposer's designated contact signing the first page of the Proposal. City of Southlake("City"): The City of Southlake,Texas. City Secretary's Office: The office of the City Secretary of the City,located at 1400 Main Street, Suite 270,Southlake,Texas 76092. PH: (817) 748-8016;Fax: (817)748-8270. Project: The name of this Request for Proposals as identified on the cover sheet and first page of Appendix A—Scope of Services. Purchasing Manager: The City of Southlake Purchasing Manager is Timothy Slifka CPPO, CPPB. Phone: (817)748-8312, E-Mail: tslifkatu ci.southlakc.tx.us; Fax(817)748-8010. Request for Proposals(RFP): The entirety of this document, including all Appendices and Addenda. Scope of Services: The entirety of Appendix A—Scope of Services. 3. General Information A. Tax Exempt Status: City purchases are exempt from State Sales Tax and Federal Excise Tax. Do not include tax in the Proposal. City will furnish Excise Tax Exemption Certificate upon request. B. Public Inspection of Proposals: The City strictly adheres to the Texas Public Information Act Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposals are not available for public inspection until after the contract award. If the Proposer has notified the City, in writing, that the Proposal contains trade secrets or confidential information,the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only,and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City's failure to take any such reasonable steps,even if the City is negligent in failing to do so. 4. RFP Withdrawals and/or Amendments A. RFP Withdrawal: The City reserves the right to withdraw this RFP for any reason. B. RFP Amendments: The City reserves the right to amend any aspect of this RFP by formal written Addendum prior to the Proposal submittal deadline and will endeavor to notify all potential Proposers that have registered with the City. but failure to notify shall impose no obligation or liability on the City. 5. Estimated Quantities The City does not guarantee to purchase any minimum or maximum quantity but does contemplate purchasing exclusively during the term of the contract from the successful vendor. 6. Proposal Submittal Requirements A. Submittal Packet — Required Content: All proposals must be submitted electronically. The Proposer must visit https:/southlake.bonfirehub.cotnilogin and register. Once registered for this City of Southlake RFP l911B200TS190023 Page:of 18 complimentary service, the Proposer may submit Proposal Documents electronically by selecting the appropriate Proposal Identification. B. Submittal Deadline: The deadline for submittal of Proposals shall be as identified on page 9 nine)of Appendix B-Proposal. It is the Proposer's responsibility to have the Proposal Documents correctly electronically submitted by the submittal deadline. No extensions will be granted and no late submissions will be accepted. C. Proposals Received Late: Proposers are encouraged to submit their proposals as soon as possible. The time and date of receipt as recorded within the Bonfire electronic system shall be the official time of receipt. The City is not responsible for late submission regardless of the reason. Late Proposals will not be considered under any circumstances. D. Alterations or Withdrawals of Proposal Document: Any submitted Proposal may be withdrawn or a revised proposal substituted prior to the submittal deadline. Proposal Documents cannot be altered,amended or withdrawn by the Proposer after the submittal deadline,unless such alteration, amendment or withdrawal notice is approved in writing by the Purchasing Manager. E. Proposal Document Format: All Proposal Documents must be prepared in single-space type, on standard 8-I/2' x 11" vertically oriented pages, numbered at the bottom. The City only accepts electronic submissions via https:'tsouthlake.bonfirehub.comflogin. Any other format (via telephone, fax,email,etc.)may be rejected by the City at its discretion. F. Validity Period: Once the submittal deadline has passed, any Proposal Document shall constitute an irrevocable bid to provide the commodities and/or services set forth in the Scope of Services at the price(s)shown in the Proposal Document. Such proposal shall be irrevocable until the earlier of the expiration of ninety(90)days from the submittal deadline,or until a contract has been awarded by the City. 7. Proposal Evaluation and Contract Award A. Proposal Evaluation and Contract Award Process: An award of a contract to provide the goods or services specified herein will be made using competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government Code and with the City's purchasing policy. The City will evaluate all proposals to determine which proposers are reasonably qualified for the award of the contract, applying the anticipated evaluation factors and emphasis to be placed on each factor as identified in the Scope of Services. The City may,at its option,conduct discussions with or accept proposal revisions from any reasonably qualified proposer. The City reserves the right to determine which proposal will be most advantageous to the City. B. Completeness: If the Proposal is incomplete or otherwise fails to conform to the requirements of the RFP,City alone will determine whether the variance is so significant as to render the Proposal non-responsive,or whether the variance may be cured by the Proposer or waived by the City,such that the Proposal may be considered for award. C. Ambiguity: Any ambiguity in the Proposal as a result of omission, error, lack of clarity or non- compliance by the Proposer with specifications, instructions and all conditions shall be construed in the favor of the City. In the event of a conflict between these standard RFP requirements and details provided in Appendix A - Scope of Services or Appendix B - Proposal, the Appendices shall prevail. D. Unit Prices and Extensions: If unit prices and their extensions do not coincide, the City may accept the price most beneficial to the City, and the Proposer will be bound thereby. City of Southlake RFP 191113200TS I 90023 Page 4 of 18 E. Additional Information:City may request any other information necessary to determine Proposer's ability to meet the minimum standards required by this RFP. F. Partial Contract Award: City reserves the right to award one contract for some or all the requirements proposed or award multiple contracts for various portions of the requirements to different Proposers based on the unit prices proposed in response to this request, or to reject any and all Proposals and re-solicit for Proposals,as deemed to be in the best interest of City. G. Terminate for Cause: The occurrence of any one or more of the following events will justify termination of the contract by the City of Southlake for cause: i) The successful proposer fails to perform in accordance with the provisions of these specifications;or ii) The successful proposer violates any of the provisions of these specifications;or iii) The successful proposer disregards laws or regulations of any public body having jurisdiction;or iv) The successful proposer transfers,assigns,or conveys any or all of its obligations or duties under the contract to another without written consent of the City. vl 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. II. 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 14FP1911B200TS190023 Page 5 of 18 Appendix A — Scope of Services 1. Project Title: Provide Tree Services for City of Southlake 2. Scope of Services Contact Questions about the technical nature of the Scope of Services, etc. may be directed to TI.M SLIFKA, Phone.817.748.8312,e-mail: tsliflca@ci.southlake.tx.us. 3. Special Conditions The following special conditions shall prevail over areas of conflict in previous pages: The City of Southlake(Lead Agency)has interlocal agreements with the City of Keller and the City of North Richland HiUs and they have expressed an interest in being participating entities in this bid. Vendor MUST check yes in the Cooperative Governmental Purchasing Notice on page fifteen (15) to be considered for award of this bid.Failure to check yes may result in bid rejection. 4, Proposal Evaluation Factors Emphasis Factor 40% { Vendor Ability to Provide Required Services 35% Vendor Experience Providing Required Services 20%Vendor Overall Price for Services 5%Vendor Past Experience with City(s) S Brand Manufacture Reference The City has determined that any manufacturer's brand defined in the Scope of Services meets the City's product and support need. The manufacturer's reference is not intended to be restrictive and is only descriptive of the type and quality the City desires to purchase. Quotes for similar manufactured products of like quality will be considered if the Proposal is fully noted with the manufacturer's brand name and model. The City reserves the right to determine products and support of equal value, and whether other brands or models meet the City's product and support needs. 6. Key Events Schedule Proposal Release Date December 6,2019 Deadline for Submittal of Written Questions December 18,2019 Sealed Proposals Due to and Opened by City Shown on First Page of this RFP Anticipated Committee Evaluation Review Date January 2020 Anticipated City Council Approval February 2020 7. Scope of Services The City of Southlake is seeking a vendor(s) for Arboricultural services to provide tree pruning, tree removal, tree and brush debris removal, stump grinding, roadway right of way clearing, and tree fertilization and pesticide applications for City of Southlake properties. The City of Southlake is issuing this bid as the Lead Agency, in cooperation with the City of Keller and the City of North Richland Hills,whose requirements are incorporated herein. By mutual consent,the successful vendor and the other participating entities may formally establish separate contracts that reference the terms City of Southlake RFP1911B200TS190023 Page 6 of 19 and conditions, and resultant contract. Purchasing limits and authorities may be modified by the participating entities to conform to their own policies,regulations and guidelines. Vendor MUST check yes in the Cooperative Governmental Purchasing Notice on page fourteen 14) to be considered for award of this bid. Failure to check yes may result in bid rejection. It is estimated the three participating cities will spend approximately S345,000 annually on these services and products. The City does not guarantee an estimate of annual services rendered. No minimum job may be required by the vendor. While vendor is performing any and all tree related services for the City of Southlake they shall comply with the most current version of the City of Southlake Tree Preservation Ordinance 4 535E or current version, and the following conditions shall be met and shall be in compliance with all applicable American National Standard Institute, ANSI A300 Pruning standards, and ANSI Z133.1 Safety standards or revisions. This contract may be awarded to multiple vendors. The City prefers vendors which have under their employ at all times at least one employee who holds an International Society of Arboriculture (ISA) certification and shall ensure that certification is maintained throughout the contract period. Work shall be performed or supervised by an ISA Certified Arborist, when required or requested by City. Certification documentation shall be submitted with proposal. This contract may also be awarded to multiple vendors which are not required to employ a certified arborist. The participating cities each have different requirements for their tree services which may or may not require a company which maintains an aruurist on Staff.Thc schcduic of pricing will rcffect this requirement_ Tree trimming shall be done is such a manner as to protect current tree health with all possible regard for future growth and development with particular attention to the following: No damage shall be done to the cambium layer of tree trunks or parent limbs Loosening or stripping of bark is not acceptable Leaving branch stubs is not acceptable Climbing spikes or irons shall not be used on any tree unless the City has determined the tree must be removed Any exceptions must be mutually agreed upon by both parties prior to commencement of each project Vendor shall supply and shall be responsible for all required personnel, materials, equipment, traffic control devices, flaggers,signage,safety equipment, debris clean up and haul off connected with these services. All vendor travel time should be included in submitted bid pricing. Any deviation to this must be listed in the Schedule of Pricing. A. Tree Pruning Services: These services shall include an assortment of practices for hazard reduction and maintenance which shall include, but not be limited too, crown cleaning,crown thinning,crown raising,crown reduction or shaping,visibility pruning and crown restoration. B. Roadway Right of Way Clearing: These services shall include pruning limbs and other woody vegetation to a minimum distance of five (5) linear feet from edge of roadway pavements and to a minimum height of fourteen (14) vertical feet above roadway surface unless otherwise directed by authorized City of Southlake personnel. C. Tree Removal Services: These services shall include removal of predetermined trees of varying diameters in City of Southlake Right of Way, Parks and other City owned and City of Southlake RFP1911B200TS190023 Page 7 of l}t maintained properties with tree stumps to be left at surrounding ground levels unless otherwise directed by authorized City of Southiake personnel. D. Stump Grinding: Per section 12.3 of the City of Southlake Tree Preservation Ordinance 585E all stumps of street and park trees shall be removed below the surface of the ground. These services shall include tree stump grinding regardless of diameter to a minimum of six (6) inches below surrounding ground levels unless otherwise directed by authorized City of Southlake personnel.This shall include any exposed root flare per direction of authorized City of Southlake personnel. E. Fertilization Application Services: Vendor shall provide fertilization programs when requested by the City and all distribution of chemicals shall be within strict accordance with federal, state,county and local laws and regulations. F. Pesticide Application Services: Vendor shall provide pest control when requested by the City to control pests and diseases as needed. Vendor shall provide a schedule of applications to the City. The vendor providing any pesticide application shall hold a "Texas Department of Agriculture(TDA) License and all pesticide applications shall comply with all TDA and other jurisdictional regulations. The Vendor shall be responsible for the selection and proper application of insecticides, fungicides,and herbicides.Any property damage resulting from the use of such pesticides shall be the responsibility of the Vendor. G. Vendor Response Time: Vendor shall respond,and tree services shall commence within forty- eight (48) hours for emergency tree services after initial notification by City of Southiake 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 Southiake personnel. H. Enterlocal 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. 1. Vendors Equipment: Vendor must submit with their proposal a list of all vehicles and equipment the vendor shall utilize while providing these services per the Scope of Services. All vendors' vehicles and equipment shall be marked clearly identifying vendor, maintained in a good working condition, suitable for their intended purpose and operated by fully qualified and licensed personnel as required. 1. All vendor employees while working on City property shall wear uniforms to serve as a means of identifying the vendor's employees. All work crews must contain at least one member of the crew which must understand and speak the English language to be able to communicate with City staff. K. Work Scheduling and Hours: Standard work hours shall be Monday through Friday from 7:00AM to 5:00 PM. Any other time period, including weekends, must be authorized by the City. Except for emergency situations,no machinery, including chain saws and chippers, is to be used between the hours of 7:00 PM to 7:00 AM. City of Southlake RFP191I6200TS190023 Page 8 of is Appendix B — Proposal Submittal Checklist: (To determine validity of proposal) V/ Appendix B(pages_9_through_17_)must be included in the proposal submittal Appendix C Conflict of Interest Form(page_17,must be included in the proposal submittal. VForm 1295 Cerdficatc of Interested Party must be included in the proposal submittal.See Page 2. HB 89 and SB 252 Acknowledgement.See Page_15_. MI proposals submitted to the City of Southlake shall include this page with the submitted Proposal. RFP Number: RFP1911B200TS190023 Project Title: Provide Tree Services for City of Southlake Submittal 3:00 P.M. (CST), Tuesday January 7, 2020Deadline: Submit Electronically* to: https://southlake.bonfirehub.com/login Requires email account login and password. Proposer Information: Proposers Legal Name: The F.A. Bartlett Tree Expert Company Address: 1900 Brumlow Avenue city,state&Zip Southlake, TX 76092 Federal Employers 06 0254490 Identification Number# Phone Number: (817)656-8733 Fax Number: I E-Mau Address: msmith@bartlett.com Proposer Authorization 1,the undersigned,have the authority to execute this Proposal in its entirety as submitted and enter into a contract on behalf of the Proposer. Printed Name and Position of Authorized Representative: Matthew Farifl, Vice President Signature of Authorized Representative:N Signed this 6th day)of January month). 2020 ( yam) I learned of this Request for Proposals by the following means: Newspaper Advertisement City E-mail Notification Southlake Website Cold Cali to City Mailed Me a Copy V( Other Bonfire City of Southlake RFP 1911B200TS 190023 Page 9 of 18 Appendix B—Proposal(coati.cd) 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 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. Pncing: 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 RFP l9i 1B200TS190023 Page 10 of 18 A. Option Clause: It is agreed that City will have the option to extend the contract for up to four(4) additional years, in one-year intervals. To exercise this option, the City shall serve notice 30 days prior to contract termination or to the end of any one-year extension.The Option to Extend will not be considered if funding is unavailable or if the contractor's past performance is not within the industry standard. B. Escalation Clause: Should market conditions prevail which dictate an increase, the successful contractor may submit documentation requesting permission to increase pricing no later than 30 days after receiving notice from the City of its intent to extend the agreement. Escalation may only occur at the time of renewal and only upon securing the approval of the City in writing. Requests for price adjustments must be solely for the purpose of accommodating an increase in the contractor's cost, not profits. Vendors shall show in this quote their anticipated percent of escalation if/when the option to extend is exercised. The percent quoted will be a maximum. In addition,the percentage proposed will be a factor in determining the best value to the City. It is the average price over the period of the contract that will be the price factor considered in the evaluation of this quote.Quotes in which negative or no escalation is shown will be considered as 0%escalation. C. Price Increases Upon Extension: If approved by the City, the Contractor shall modify the rates charged by the Contractor to reflect any changes shown in the comparative statement delivered to the City. The maximum increase allowed under this provision shall be four percent(4",o)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 3 0/0 Second Additional Year Escalation Percentage 3 6/0 Third Additional Year Escalation Percentage 3 Fourth Additional Year Escalation Percentage 3 °%o 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: 1 1 3 ; and the number of employees: 21 (Southlake office) 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 oaSouthlake RFP191 MOOTS 190023 Page II of IS 5. References Proposer shall provide four(4)references where Proposer has performed similar to or the same types of services as described herein. Reference#1: Client/Company Name: City of Southlake, Parks Department Contact Name:Contact Title: Mike Reasoner Park Manager Phone: 817-266-6851 Email: mreasoner@ci.southlake.tx.us Date and Scope of Work Provided: 2010 through the present Services provided have included removals, pruning.tree fertilization, pest and disease management,air spade work, and tree nsk assessment. Reference#2: Client/Company Name: City of Irving, Parks and Recreation Department Contact Name:Contact Title: Mike Griffith I Parks Assistant Director Phone: 972_721_8077 Email: mgriffith@cityofirving.org IDateandScopeofWorkProvided: 11/24/09 through the present. Services provided have included removals.pruning.cabling and bracing. tree fertilization,pest and disease management, root invigoration with an air spade.and tree nsk assessment. Reference#3: Client/Company Name:City of North Richland Hills Contact Name: I Contact Title: Gary Bechthold Parks Superintendent Phone: 817-253-7444 Email: gbechthold@nrhtx.com Date and Scope of Work Provided: 2010 through the present Services provided have included removals.pruning, tree fertilization,pest and disease management, root invigoration with an air spade. and tree risk assessment. i I Reference#4: Client/Company Name: Town of Trophy Club Contact Name: 1 Contact Title:Marvin Athens j Parks Superintendent Phone: 817-881-0457 Email: mathans@trophyclub.org Date and Scope of Work Provided: 9/27/18 through the present. Services provided have included removals. pruning tree fertilization, and pest and disease management. City of Southlake RFP1911B200TS190023 Page 12 of 18 6. Trade Secrets and/or Confidential Information Trade Secrets and/or Confidential Information: This proposal V(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 for legal protection from disclosure. Client contact information and employee 7. Federal,State and/or Local Identification Information A. Centralized Master Bidders List registration numberN/A B. Prime contractor HUB/MWBE registration number: N/A C. An individual Proposer acting as a sole proprietor must also enter the Proposer's Social Security Number. # 8. Emergency Business Services Contact Notice During a natural disaster, or homeland security event,there may be a need for the City of Southlake to access your business for products or services after normal business hours and/or holidays. The City may request City employee pick up or vendor delivery of product or services. For this purpose,a primary and secondary emergency contact name and phone number are required. It is critical the vendors emergency contact information remains current. City shall be contacted by E- mail with any change to a contact name or phone number of these emergency contacts.Updates may be emailed to vendors wci.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 tee (pricing), if any, for an after-hours emergency opening of the business listed below. Business Name: The F.A.Bartlett Tree Expert Company Contract tt: RFP1911 B200TS190023 Description: Provide Tree Care Services for City of Southlake Primary Contact(Name): Michael Smith Primary Contact Phone Numbers: Home: (817) 656-8733 Cell: (817) 829-1495 Secondary Contact(Name): Wesley Rivers Secondary Contact Phone Numbers: Home: (817) 656-8733 Cell: (817) 505-9913 After Hours emergency opening fee,if applicable: S City of Southlake RFP191 MOOTS 190023 Page 13 of 18 9. Cooperative Governmental Purchasing Notice Other governmental entities maintaining interlocal agreements with the City, may desire, but are not obligated, to purchase goods and services defined in this RFP from the successful Bidder. All purchases by governmental entities, other than the City, will be billed directly to and paid by that governmental entity. The City will not be responsible for another governmental entity's debts. Each governmental entity will place their own orders with the successful Bidder and be responsible for ensuring full compliance with the RFP specifications. Prior to other governmental entities placing orders,the City will notify the successful Bidder of their intent. Please indicate below if you will permit other governmental entities to purchase from your agreement with the City. iA Yes, Others can purchase I No, Only the City can purchase CONTRACT TERMS AND CONDITIONS EXCEPT WHERE PROPOSER MAKES SPECIFIC EXCEPTION IN THE SUBMITTED PROPOSAL,ANY CONTRACT RESULTING FROM THIS RFP WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH PROPOSER HEREBY ACKNOWLEDGES, AND TO WHICH PROPOSER AGREES BY SUBMITTING A PROPOSAL: 1. Delivery of Products and/or Services A. Payment Terms: Unless otherwise specified in the Scope of Services or otherwise agreed to in writing by the City,payment terms for the City are Net 30 days upon receipt of invoice. B. Warranty of Products and Services: All products furnished under this contract shall be warranted to be merchantable and good quality and fit for the purposes intended as described in this Proposal,to the satisfaction of City and in accordance with the specifications, terms, and conditions of the Scope of Services, and all services performed shall be warranted to be of a good and workmanlike quality,in addition to,and not in lieu of,any other express written warranties provided. C. Late Delivery or Performance: If Proposer fails to deliver acceptable goods or services within the timeframes established in the Project Schedule,the City shall be authorized to purchase the goods or services from another source and assess any increase in costs to the defaulting Proposer, who agrees to pay such costs within ten days of invoice. D. Title to Goods and Risk of Loss: For goods to be provided by Proposers hereunder, if any,the title and risk of loss of the goods shall not pass to City until City actually receives, takes possession, and accepts the goods and the installation of such goods,has tested the system,and determined that it is in good and acceptable working order. 2. Miscellaneous A. Independent Contractor: Proposer agrees that Proposer and Proposer's employees and agents have no employer-employee relationship with City. Proposer agrees that if Proposer is selected and awarded a contract, City shall not be responsible for the Federal Insurance Contribution Act FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will City furnish any medical or retirement benefits or any paid vacation or sick leave. B. Assignments: The rights and duties awarded the successful Proposer shall not be assigned to another without the written consent of the Purchasing Manager. Such consent shall not relieve the assigner of liability in the event of default by the assignee. C. Liens: Proposer shall indemnify and save harmless the City against any and all liens and encumbrances for all labor,goods, and services which may be provided to the City by Proposer or City of Southlake RFP1911B200TS190023 Page 14 or 18 Proposer's vendor(s), and if the City requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. D. Gratuities / Bribes: Proposer certifies that no bribes in the form of entertainment, gifts, or otherwise,were offered or given by the successful Proposer,or its agent or representative, to any City officer,employee or elected representative,with respect to this RFP or any contract with the City,and that if any such bribe is found to have been made this shall be grounds for voiding of the contract. E. Financial Participation: Proposer certifies that it has not received compensation from the City to participate in preparing the specifications or RFP on which the Proposal is based and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate. F. Required Licenses: Proposer certifies that he holds all licenses required by the State of Texas for a provider of the goods and/or services described by the Scope of Services herein. G. Authority to Submit Proposal and Enter Contract: The person signing on behalf of Proposer certifies that the signer has authority to submit the Proposal on behalf of the Proposer and to bind the Proposer to any resulting contract. H. Compliance with Applicable Law: Proposer agrees that the contract will be subject to, and Proposer will strictly comply with, all applicable federal, state, and local laws, ordinances, rules, and regulations. I. Compliance with HB 89: Proposer agrees per HB 89 vendor shall not boycott Israel at any time while providing products or services to the City of Southlake. vi Yes,we agree No, we do not agree N/A 1. Compliance with SB 252: Proposer agrees per SB 252 vendor shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of Southlake. KA Yes, we agree 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 INFORMATION REGARDING VENDORCONFI ICT OF INTEREST 01 ESTIONNAIRF, WHO: The following persons must file a Conflict of Interest Questionnaire with the City if the person has an employment or business relationship with an officer of the City that results in taxable income exceeding S2,500 during the preceding twelve-month period.or an officer or a member of the officer's family has accepted gifts with an aggregate value of more than$250 during the previous twelve-month period and the person engages in any of the following actions: 1. contracts or seeks to contract for the sale or purchase of property,goods or services with the City, including any of the following: a. written and implied contracts. utility purchases,purchase orders, credit card purchases and any purchase of goods and services by the City; b. contracts for the purchase or sale of real property,personal property including an auction of property; c. tax abatement and economic development agreements; 2. submits a bid to sell goods or services,or responds to a request for proposal for services; 3. enters into negotiations with the City for a contract;or 4. applies for a tax abatement and/or economic development incentive that will result in a contract with the City THE FOLLOWING ARE CONSIDERED OFFICERS OF TIIE CITY: 1. Mayor and City Council Members: 2. City Manager; 3. Board and Commission members and appointed members by the Mayor and City Council, 4. Directors of 4A and 4B development corporations; 5. The executive directors or managers of 4A and 4B development corporations:and 6. Directors of the City of Southlake who have authority to sign contracts on behalf of the City. EXCLUSIONS: A questionnaire statement need not be filed if the money paid to a local government official was a political contribution,a gift to a member of the officer's family from a family member;a contract or purchase of less than$2,500 or a transaction at a price and subject to terms available to the public:a payment for food.lodging, transportation or entertainment; or a transaction subject to rate or fee regulation by a governmental entity or agency. WHAT: A person or business that contracts with the City or who seeks to contract with the City must file a Conflict of Interest Questionnaire"(FORM CIQ)which is available online at www.ethics.state.tx.us and a copy of which is attached to this guideline. The form contains mandatory disclosures regarding"employment or business relationships" with a municipal officer. Officials may be asked to clarify or interpret various portions of the questionnaire. WHEN:The person or business must file: 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 webstte. 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 Contlict of Interest Questionnaire. City of Southlake RFP1911B200TS190023 Page 16of 1ri CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by N.B. 1491. 80th Leg.. Regular Session. OFFICE USE ONLY This questionnaire Is being filed in accordance with Chapter 176,Local Government Code 0 to Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed See Section 176.006.Local Government Code. A person commits an offense If the person knowingly violates Section 176.006. Local Government Code.An offense under this section is a Class C misdemeanor. J Name of person who has a business relationship with local governmental entity. N/A I Check this box if you are filing an update to a previously flied questionnaire. The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business clay after the date the originally filed questionnaire becomes incomplete or inaccurate I 3 Name of local government officer with whom flier has employment or business relationship Name of Officer This section (item 3 inciuding subparts A. 8, C & DI must be completed for eac•i officer with whom the filet has an employment or other business relationship as defined by Section 176 001(1-a). Local Government Code Attach additional pages to this Form CIO as necessary A Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B Is the filer of the questionnaire receiving or likely to receive taxable income.other than investment income,from Or at the direction c`the local government officer named in this section AND the taxable income is not received `rom the local gave•nniontal entity') l Yes No C Is the filer o`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 ownersh.p of 10 percent or more? Yes N D Describe each employment or business ielationship with the ocai government officer named in tits section A 4,vN+ Matthew Farin,Vice President 1/6/2020 Signature of person doing busines',with the govertvTienial entity Dale adopteu 06;29 2007 City of Southlake RFP1911B200TS190023 Page 17 of I Appendix D — No Intent to Submit Form If your firm has chosen not to submit a proposal for this procurement,please complete this form and submit to: City of Southlake Purchasing Division, Department of Finance 1400 Main Street,Suite 440 Southlake,Texas 76092 Please check all items that apply: Do not sell the item(s)required Cannot provide Insurance required Cannot be competitive Cannot provide Bonding required Cannot meet specifications highlighted in the attached Cannot comply with Indemnification request requirement Job too large Job too small Do not wish to do business with the City of Southlake Other: Cannot submit electronically Company Name(Please print): Authorized Officer Name(Please print): Telephone:( ) Fax: City of Southlake RFP 19110200TS 190023 Page 18 of 18 ORDINANCE NO. 585-E AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE 585-B, WHICH ESTABLISHES THE REGULATIONS FOR THE PRESERVATION OF TREES; PROVIDING FOR THE PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; REQUIRING A TREE PERMIT TO ALTER A PROTECTED TREE; PROVIDING TREE PRESERVATION CRITERIA AND REVIEW PROCESSES FOR TREE CONSERVATION ANALYSES, TREE CONSERVATION PLANS, AND TREE PERMITS; AMENDING THE TREE PROTECTION AND REPLACEMENT REQUIREMENTS; PROVIDING TREE PLANTING AND TREE REMOVAL STANDARDS; PROVIDING FOR ENFORCEMENT PROCEDURES AND CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; PROVIDING A PROCESS FOR APPEALS AND VARIANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;PROVIDING A CUMULATIVE CLAUSE;PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake. Texas, is a Dome rule City acting under its charter adopted by the electorate pursuant to Article XI.Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code;and WHEREAS.the Southlake City Council first adopted Ordinance 585 on June 15, 1993 with the goal of preserving trees and subsequently amended Ordinance 585 on December 16, 1997. and January 4, 2000, revising regulations relating to the protection of trees;and WHEREAS,the Southlake City Council has determined that it is appropriate and in the best interest of the City to promote the public health,safety.and general welfare of its residents by amending Ordinance No.585-B as provided herein; WHEREAS, the Southlake City Council has determined that amending Ordinance 585-B :s required to implement the Tree Protection recommendations of the City's Comprehensive Master Plan, the Southlake 2025 Plan,and WHEREAS, the City council has given published notice and held public hearings with respect to the amendment of Ordinance 585-B as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: Ordinance Sd 5-E I Youttiluke Tree Preservation Ordinance Ordinance 5135-B,Tree Preservation Ordinance of the City of Southlake is hereby amended to read as follows: l.0 TITLE This Ordinance shall be known as the('ity of Southlake Tree Preservation Ordinance. 2.0 FINDINGS The Southlake City Council finds that: 2 1 trees transpire consideraole amounts of water, produce oxygen, and absorb carbon-dioxide, thus reducing air pollution; 2. 2 Trees have an important role in improving water quality by neutralizing pollutants in ground water run-off; 2.3 Trees,through their root systems,stabili:a the ground water tables,and play an important and effective part in soil conservation,erosion control,and flood control; 2.4 I rocs are an invaluable physical and aesthetic asset:o development and make cities more comfortable by providing shade,cooling the air and land,and reducing noise levels and glare: 2.5 Trees provide critically needed habitst and food source for wildlife;and 2.6 For the reasons stated abo%0.preservation of mature tree stands and environmentally sensitive areas in conjunction with development has a significant impact on the desirability of land and taerclbre adds value to me individual development and the increases the livability of the City. 3.0 PURPOSE AND INTENT The purpose of this Ordinance is to ensure environmentally sensitive site planning which furthers the preservation of mature trees and natural areas;to protect trees during construction;to facilitate site design and construction which contribute to the long tern viability of existing trees;and to control the removal of trees when necessary. It is the further purpose of this Ordinance to achieve the following broader objectives: 3.1 Prohibit the clear-cutting of property; 3.2 Protect and increase the value of residential and commercial properties within the City; 3.3 Maintain and enhance a positive image for the attraction of new residences and business enterprises to the City; 3.4 Protect healthy quality trees and promote the natural,ecological,environmental,and aesthetic qualities of the City; 3.5 Implement the Environmental Resource Protection recommendations of the Southlake 2025 Plan;and 3.6 Maintain and enhance Southlake's identity as a Tree City USA. La DEFINITIONS GENERAL RULES: The following rules shall be applied in constructing,interpreting or otherwise defining th..e terms hereof: a. Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural shall include the singular. Ordinance 585-E 2 Southlake Tree Preservation Ordinance h. The word"shall"is mandatory and the word"may"is permissive. c. The word "person" shall include ary individual, firm, corporation, partnership. joint venture, organization,or any other emity.. DEFINITIONS: Certain words or terms applicable to this Ordinance are defined as hereinafter provided. Words and terms used in this Ordinance,but not defined in this Ordinance shall have the meanings contained in the Zoning Ordinance.Landscape Ordinance or other ordinances of the City. Words and terms defined in two ordinances shall be read in harmony unless there is an irreconcilable conflict,in which case the definition contained in this Ordinance shall control ADMINISTRATIVE OFFICIAL: The department director appointed by the City Manager to administer this Ordinance,or the department director's designee. AGRICULTURAL USE: Any use on property zoned "AG-Agricultural" that is related to active farming, livestock,or ranching,including using land as pasture or in the production of crops,or horticultural products, the keeping of livestock,including but nut 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 he expected to cause a tree to die, including but not limited to, any of the following: uprooting any portion of the tree's root system; severing itic 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 rout system of a tree;and trenching within the critical root zone. A protected tree shall be considered to be altered if one or more of the following occurs: more than twenty-five percent(25%i of the critical root zone is adversely affected,more than twenty-five percent(25%)of its canopy is removed,or the tree:s 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 tnis Ordinance. BUILDING PAD: The actual foundation area of a building and a reasonable arca not to exceed six(6i 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 tot,tract.or portion of.and. CERI(FICA It OF OCCUPANCY(CO):An official City acknowledgement that indicates conformance with all applicable City regulations and authorizes the regal use and occupancy of the premises for which it is issued. CERTIFIED AKBORLSh: 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 ol'the tree and a radius aqua.to the distance from the trunk to the outermost portion of the drip line. Ct.TiFILL: Areas where the natural ground level nas been modified either through excavation tan,or 511 Ordinance 585-F. 3 Southfake Tree Preservation Ordinance DBH (DIAMETER Al BREAS I HEIGHTI: 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('h)of the diameter of each additional trunk, measured at a height of 4'V: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 (MCI: A committee comprised of City staff. including the Administrative Official,charged with reviewing all development applications to ensure compliance with all of the City's ordinances and regulations. DRIP LINE.: Whichever of the following encompasses the greatest area: (I) the irregular shape funned 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(1) the height of the tree extending outward from the center point of the tree. EARTH DISTURBANCE PERMIT: An official authorization by the City to allow any person to re-grade, excavate,disturb,or store spoils on any property in the City as required by the City's adopted Building Code. EASEMENT: The authorization by a property owner for the use by another,and for a specified purpose,of any designated part of such property. Easements may be temporary or permanent. EASEMENT.CONSERVATION: A permanent deed restriction that limits development of property,or a transfer of an interest in property to a public or non-profit entity approved by the City,duly recorded in the deed records of the Cot-nty and binding on all subsequent owners, and for the purpose of protectrg and preserving environmentally sensitive natural resources, in which the landowner retains fee title to the property. EASEMENT.PERMANENT: The permanent transfer by plat or written instrument of an interest in property or authorization by a property owner for the use by another,for a specified limited purpose. EASEMENT. TEMPORARY ACCESS: An easement granting a right of access to property that is adjacent to a property being developed to provide temporary access for construction activities on the property being developed. The easement is granted only for the period of the construction activity. EASEMENT,TEMPORARY CONSTRUCTION: An easement granting a right of use of property that is adjacent to a property being developed to provide temporary access required for the installation:of required and approved utility lines and other infrastructure to serve the property being developed. The easement is granted only for the period of the construction activity. EASEMENT.UTILITY OR DRAINAGE: An area designated on any plat or other instrument approved by the City for the location of utility lines or facilities for the flow of stormwater. ENVIRONMENTAL PRESERVE: A natural open space reserved for land that is under permanent conservation,such as areas in the flood plain, woodlands to be preserved,creeks.water bodies,steep grades, and other environmentally sensitive lands,and including land protected through conservation easements. ENVIRONMENTAL.RESOURCE PROTECTION(ERP)RECOMMENDATIONS AND MAP: Sections of the City's Parks, Recreation, and Open Space Plan,a component element of the Southlake 2025 Plan that provides the policy guidance for the proxction 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 al. protected trees on the lot or tract on the date of development application,as measured by accepted forestry practices. Ordinance 585-E 4 Southiake Tree Preservation Ordinance FOOTPRINT: An area not to exceed six feet(6')in all directions around impervious surfaces as designated on an approved Site Plan HEAVILY WOODED AREA: An area of continuous wooded vegetation where trees are at a density of at least one protected tree per 325 square feet of land,where the branches and leaves form a continuous canopy, and which consists of at least tive(51 trees. LANDSCAPE ARCI II I'EC'I A person licensed to use the title of"landscape architect"in the State ofTexas in accordance with state law. MULTIPLE TREE CLEARING: Alteration of one or more protected trees located on property zoned AG Agricultural.in excess of the seven(7)protected trees that may be altered in each calendar year in accordance with section 8.i.c. MUNICIPAL/PUBLIC DOMAIN PROPERTY: Property owned by a governmental entity such as the City, county,state,federal government,school district or other such entity.such as City Hall,public parks,Corps of Engineers property, public rights of way ("R.O.W."), libraries, tire 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, & OP E.NN SPACE MASTER PLAN: The component element of the Southiake 2025 Plan that serves as the community's blue print for the City's future parks and open space facilities. PERSON'S RESIDENCE:A person's home;the place where someone lives or resides. PLANNING AND ZONING COMMISSION: A volunteer citizen body appointed by the City Council which is authorized to make recommendations on the physical development of the City including land use,zoning, and transportation issues. PRO'l ECM Vb FENCINCl: A physical and visual barrier installed around the critical root zone pia protected tree as required by Section 9.8 of this Ordinance in order to prevent damage to the tree and its root system. REFORESTATION Ft ND: The fund established by the City for the purposes of !mplerrenting the environmental resource protection goals of the Southlake 2025 Plan including: a. educating the public or. the aesthetic and health benefits of conservation and environmental preservation; b. planting.maintaining,and managing trees and landscaping on public property in the City; creating and expanding wooded property within the City; d. purchase of conservation easements andior environmental preserves;and c. other similar purposes incicated in this Ordinance and as approved by City Council REFORES TA7:ON FUND ADMINIS7'RA i OR: The person appointed by the City Manager to administer the Reforestation Fund. RIGII I-Uf•14.41': (Abbreviated ROW) A strip of land,other than a drainage or utility easement,occupied or intended to he occupied by a street.crosswalk,railroad,road,electric transmission line,oil or gas pipeline, water main,sanitary or storm sewer.or for another special use. Ordinance 585-L' 5 Southfuke Tree Preservation Ordinance SELECTIVE THINNING: The process by which non-contiguous protected trees are identified and removed within a heavily wooded area to provide the maximum benefit to the remaining protected trees. SOVTHLAKE 2025 PLAN: l'he City of Soutnlake's Comprehensive Master Plan,as amended,as adopted by the City Council. STREET TYPOLOGY MAP: I he component of the City's adopted Mobility dr Master Thoroughfare Plan,a component element of the Southlake 2025 Plan,showing street typologies,which are overlay designations to fate functional classification system of the City's roadway network linking street functionality with design priorities for all streets. TREE: Any seifsupporting woody perennial plant which will normally attain a trunk diameter of two inches or more when measured at a point four and onehalf feet above ground level anti 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 rcasonabiy likely that the tree wi:l 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 3l years:or c. hazardous,in whole or part,to such an extent that it presents a significant danger to the general ic TREE,PARK: Trees ir public parks and all areas owned by the City to which the public has access as a park. FREE.,PROTECTED: Any tree that has a diameter at areast height of six(6)inches or greater. I KEE,STREET: A protected tree located within or directly adjacent to a public right-of-way. TREE BOARD: A board appointed by the City Council to carry out specific duties and responsibilities as set forth in Article 15 of this Ordinance. The Zoning Board of Adjustment shall constitute the Tree Board unless the City Council appoints a different tree board. TREE CONSERVATION ANALYSIS: A preliminary analysis that shows the general site design direction of the development including general placement of building pads, parking areas,and infrastructure based on the environmental features of the property. TREE CONSERVATION PLAN: A plan that illustrates, in detail,the impact of all proposed development including the impact of buildings, parking areas. streets and all other infrastructure on all environmental features of the site such as protected trees,natural creeks,ponds,steep grades.and other critical resources TREE PERMIT: The official authorization by the City required to alter any protected tree not exempted by this Ordinance. FREE PRESERVATION AREA. An area identified on any clan approved by the City Council denoting a significant tree stand(s)which is to be preserved during and alter development of that property. TREE PROTECTION SKIN: A sign furnished by the City's oui:ding official which sign describes prohibited conduct detrimental to trees. TREE SURVEY: A plan drawing that provdcs legend details about :he location and details of trees and contains the information set forth in Appendix A (attached to and fully incorporated into this ord:rance), including but not limited to drawings by a licensed surveyor,a licensed architect,or,it less than twenty (20) trees are involved,a person approved by the Administrative Official. Ordinance 585-E 6 Stnuhlake Tree Preeervarion Ordinance TREE TECHNICAL MANUAL: The manual that contains the text of this Ordinance and any graphic depictions, tables, or other illustrative material created and approved by the Administrative Official to illustrate the requirements of this Ordinance. TREE TOPPING: The sever cutting hack of branches to stubs larger than three inches in diameter within the tree's canopy to such a degree so as to remove the normal canopy and disfigure the tree. UTILITY: The service or product provided by a utility provider,including but not limited to,the provision of gas,electric,water,waste water,drainage.storm water.telecommunications,cable,or telephone service for users within the City. UTILITY.CITY: The City of Southlake public works department or City employee or entity employed on the behalf of the City providing a utility service. UTILITY LINE: A conduit, channel,ditch,tube,duct,hose,wire,box,pipe,or similar conveyance device through which a utility is transported,provided,or conveyed,excluding utility service lines. Channels, ditches, creeks, detention/retention ponds, and other drainage improvements shall constitute a utility line for purposes of this Ordinance only to the extent that such improvement is required by the City or other public entity as an integral and necessary part of an approved drainage plan,is located so as to avoid,to the greatest extent practical,altering protected trees,and s 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 lir.e" 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 I.INF. A conduit, charnel, ditch, tube, duct, hose, wire, box, ?ipe, or similar conveyance device through which a utility is transported,provided.or conveyed to a single lot or tract,to the extent that the conveyance device is located on that lot or tract. UTILITY PROVIDER: A company or entity,or agent for a company or entity,including a municipality that provides a utility service within the City. 5.11 TREE PERMIT REQUIRED 5 I TREE PERMIT REQUIRED: Except as provided in Section 5.3,no person shall alter a protected tree unless the alteration is authorizes by a valid tree permit or Multiple Tree Clearing permit. 5 2 OFFENSE: A person commits an otTenae if the person alters any protected tree without a tree permit. unless the alteration is exempted by this ordinance A person commits an offense if the person alters any protected tree in violation of the terms of a tree permit. 5.3 EXEMPTIONS: Alteration of the following treessl 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; h Any tree:hat has disrupted a public utility service due to a tornado,storm,accicent, flood,or other act of nature,provided that alteration of such it tree shall be limited to the port on 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 3rowutg on the premises for the sa.e or intenccd sale to the general public,n the ordinary course Ordinance 585-E 7 Southlake Tree Preservation Ordinance of the nursery's business; d. Any tree,other than a street tree, located on a lot or tract shown on an application or plan for development submitted after the effective date of this Ordinance in any residentially zoned district,including but not limited to SF20.SF30,SF!,RE and the lots zoned for residential uses only in the Transition,Rural Conservation,Planned Unit Development,or Employment Center zoning and PT zoning districts, which the owner occupies as a residence, shall be exempted from the application of this Ordinance except that any lot or tract,or portion thereof,designated as a tree preservation area, or tree designated as "protected" on a Tree Conservation Plan approved after the effective date of this Ordinance shall not he exempted from the provisions of this Ordinance. e. Any lot shown on a plat application or plan for development submitted before the effective date of this Ordinance shall be subject to the provisions of Ordinance 585-B unless the application or plat expires or the project is abandoned or significantly altered, in which event the lot shall be subject to those provisions of this Ordinance which apply to the new project. f A tree located on property which is zoned AG (.Agricultura) and being actively used for agricultural purposes or as a residence,as long as the tree is located within a radius of 150 feet from the principal structure on the property or the owner's residence. g. Any tree that is less than ten inch t l0"1 DWI and is located on a residential property where the dwelling is the person's residence 6.0 TREE PERMIT:APPLICATION,STANDARDS FOR APPROVAL AND ISSUANCE 6.1 TREE PERMIT APPLICATION—UNRELATED TO DEVELOPMENT: An application for a Tree Permit that is unrelated to development shall include the following information: a The name.address and telephone number of:hose persons or entities who own the property and those persons or entities seeking the permit; 5. The address,existing use,and caning 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 he disturbed.if any; ii The method and equ.pment to be used;and iii. The dates the proposed alteration would take place; d. A legible diagram or map indicating the following for the area reasonably likely to be affected if the permit is issued' i Location of all existing structures, improvements, streets or rights-of-way,property lines, setback and yard requirements. it. Location of all existing utility lines,utility service lines,and easements. iii. The common and botanical name, s:zc and location of all trees specifically designated by number;and d. Such additional information as the Administrative Official may reasonably require given the particular characteristics of the property. Ordinance 585-F: 8 Sorrthlake Tree Preservation Ordinance 6.2 TREE PERMIT APPLICATION - RELATED FO 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 Aca ysis 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 thc site: All individually protected trees ii. Existing streams,drainage creeks.ponds,and other water bodies(if any) d. Detailed site plan of all proposed improvements with extent and location of proposed tmpmvements, 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: r. Proposed landscaping.bufferyards,and/or replacement areas; j. Any information required by Section 7 3 for a Tree Conservation Plan; k. Any conditions placed on the approval of the Tree Conservation Plan; I. fhe 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 gi\.en the particular characteristics of the property 6.1 FEES The applicant shall submit.wild an application for a tree permit.payment of a fee to the City of Southlake in the amoant 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 he shown on construction plans approved by the Adminittrativc Official. h. 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. romance 5/i-E 4 Southluke Tree Preservation Ordinance 6.4 AUTHORITY FOR REVIEW: a. The Administrative Official shall be responsible for reviewing all requests for tree permits submitted in accordance with the requirements specified herein. b. The Administrative Official shall have no obligation to review an application for a tree permit until all required information has been submitted and the applicable fee, if any,has been paid. if any required information or tee has been omitted,the Administrative Official shall notify the applicant of that fact. 6.5 STANDARDS FOR APPROVAL a. When a complete application is tiled under,section 6.1,the Administrative Official shall grant a:ree permit with regard to a particular protected tree if any of the following is true: ti) The tree must be altered in order to install or maintain a utility line or utility service line; iil fhe 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 44 Arboriculture; liii) The tree is located or property zoned Agricultural"AG"that is being actively used for agricultural purposes,and the granting of the permit will net result in more than seven(7)protected trees Ieing altered on the property in any calendar year; t iv) The tree is diseased,damaged,or hazardous; v) The tree, if leti unaltered, is reasonably likely to impair the structural integrity of existing structures or improvements; vi) The tree is required to he altered by federal, state or local law, including an applicable regulation adopted by a federal,state,or local government agency; viil 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-iled;under section 6.2.tau 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 ro Tree Conservation Plan is required,the tree permit shall be granted if all required tree protection and replacement measures have been fallowcd and the application complies with the criteria established under Section 7.2. 6 6 DEFERRAL fO CITY COUNCIL• If the application for a tree permit seeks to alter a tree which is part of a t ree 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 Panning and Zoning Commission for any reason In addition, if a request for a Tree Permit does not meet any standards for approval under 6.5.a,the Administrative Official may defer the approval of such a tree permit to City Cot.rcil after a recommendation from the Planning and Zoning Commission. Ordinance 585-E 1)Souuhlake Tree Preservation Ordinance 6.7 PERMIT EXPIRATION: A trec permit issued in connection with any other permit or plan shall he valid for the period of that permit's or plan's validity. A tree permit not issued in connection with any other permit or plan shall become void 180 days alter the issue date on the tree permit. 6.8 POSTING TREE PROTECTION&SIGN: Prior to issuance of a any building or tree permit.the"tree protection sign",tree preservation instruction detail sheet and approved the tree conservation plan shall posted be at each entrance to the subject property and at any other location designated by the Administrative Official. 0 TREE CONSERVATION ANALYSES(TCA)AND TREE CONSERV AT1ON PLANS(TCPZ 7.1 REQUIREMENT: A Tree Conservation Analysis(TCA)and subsequently,a free Conservation Plan TCP) shall be required for any application for development described in Table 1.D subject to the following: a. The Administrative Official may waive any requirement established by Section 7 3 where the application is a Plat Showing submitted for four (41 or fewer lots, if the scope of the development makes the requirement either impractical or inapplicable to the development. b. The Administrative Official may approve an alternative to a tree survey for heavily wooded areas,and may require a tree survey for smaller,specific areas of the property based upon the environmental sensitivity of the property being developed. e. All proposed improvements shall be required to be shown only at the sitc plan stage. if any,for all development. Preliminary plats shall snow building setbacks and genera: location of buildings and infrastructure. d. A Tree Conservation Plan may be used to satisfy the requirements of a free Conservation Analysis. e. A free 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 I 0-Tree Conservation Analysis and free Conservation Plan by Activity Type Type of Development i Requirement for T Criteria for Review Application Analysis or Conservation Plan Concept or Development Tree Conservation Analysis Section 7.2 Plan Site Plan Tree Conservation Plan Based on the approved Tree Conservation Analysis or,if none,on Section 7?_ Preliminary Plat Tree Conservation Analysis and,if Based on the approved Concept. application is not sought in Development,or Site Plan,or,if'mine,or conjunction with a concept, Tree Conservation Analysis,or.if none.on development or site plan,a'Tree Section 7.2 Conservation Plan is also rertuired final Plat Tree Conservation Plan Based on confirmity with the approved Preliminary Plat Plat Showing/Plat Revision Tree Conservation Plan Section 7.2 Earth disturbance Tree Permit Application Bused on the conformity with the approved permit/Building permit site plan(non-residential)or preliminary plat residential)or.if none,on Section 7.2 Ordinance 585-E 11 iouthiake free Preservation Ordinance 7.2 STANDARDS FOR APPROVAL: a. Except as provided by subsection 7.2.b.,a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development,the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree:over that must be preserved under this section. Table 2. 0-Existing Free Cover Preservation Requirements Percentage of existing tree cover on the entire Minimum percentage of the existing tree site cover to be preserved" 0%-20% 70% 20.1 -40% 60% 40.1%-60% 50% 60.1%-80°'o 40% 80.1%-100% 30°4 The minimum percentage of exiting tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. b. For property sought to be zoned for the Downtown toning district or a planned development zoning district, including an S-P-I Site Plan, S-P-2 Site Plan.Transition,Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application(as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis ift:ie 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 butTer residential areas from the noise,glare,and visaal effects of nonresidential uses: iv. maximizes the preservation of existing trees. .1 any, adjoining a natural or man-made drainage creek; v maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation:and vi. mitigation of altered trees tnrot,gh proposed tree replacement procedures pursuant to this Ordinance. 7. 3 INFORMATION REQUIRED: A free Conservation Analysis and Tree Conservation Plan shall include the following information: a. Information required for Tree Conservation Analysis Identification of Critical Environmental Features of the site. A. All grades over 5% B. Existing streams,drainage creeks,ponds.and other water bodies(;f any) Ordinance 585-E 12 Southlake Tree Pre cernnion Ordinance ii. Alternative to a Tree SLrvev iii. Critical Root Zones of groups of trees iv. Boundaries of any tree preservation areas as identified in:he ERP Map v. Identification of areas of environmental constraints not suitable for development vi. Identification of areas of minimal environmental constraints that are suitable for development vii. Areas of encroachment into Critical Environmental Features areas identified on the site viii. Stream/Creek butlers,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 arty) ii. Tree Survey or alternative to a tree survey iii. 2-foot contour map of the sate iv. Protected trees within the tree preservation area including tree size and type v. Critical Root 7nnec of groups of trees vi. Critical Root Zones for individual trees required for site plans only vat. 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 fur development x. Areas of encroachment into Critical Env:rormentat Features identified on the site xi. Clear delineation,for each protected tree,of whether the tree will he preserved after the proposed development is constructed.altered due to proposed improvements,or could potentially be saved based upon site specitic conditions xii. Stream/Creek buffers,if any xi ii. Detailed site plan of all proposed improvements.(Ail proposed improvements shall be required to be shown only at the site plar stage for all development. Preliminary plats shall,however,show building setbacks and general location of buildings and infrastructure.) xiv. Setbacks,building linos,and buffer yards xv. The names,addresses and telephone numbers of those persons or entities who own the property and those persons or entities filing the application xvi. Such additional information as the Administrative Official may reasonably require given the particular characteristics of the property. 7 4 ACTION ON TREE CONSERVATION ANALYSIS AND TREE CONSERVATION PLAN: a. An application that requires the submittat of either a Tree Conservation Analysis or a Tree Conservation Plan shall first he reviewed by the Development Review Committee in conjunctioe with the accompanying development application. b The Administratis e Official shall prepare a report that evaluates the extent to which the proposed development is responsive to the Tree Preservation criteria outlined in Section 7.2 to the Planning and Zoning Commission. c. The Planning and Zoning Commission shall make a recommendation on the proposed Tree Conservation Analysis or'free Conservation Plan to the City Councii. The City Council shall approve the proposed Tree Conservation Analysis and Tree Conservation Plan if it finds that it meets the criteria outlined in Section 7.2. Ordinance 555.E I3 Sourhlnke Tree Preservation Ordinance 8.0 TREE REPLACEMENT AND TREE PROTECTION EXCEPTIONS AND APPLICABILITY 3.1 GENERALLY: For all trees that are authorized to be altered based on a duly approved Tree Conservation Plan,tree protection and tree replacement procedures set forth in this Ordinance shall he 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 he altered in order to install utility lines within public rights-of-way(R.O.W.) o r within approved utility easements,including required drainage easements,shall be exempt fmm the tree replacement and tree protection requirements. Any protected trees within public R.O.W or utility easements that the Administrative Official determines do not have to be altered shall be subject to the tree protection requirements but rot to the tree replacement requirements. b. Selective Thinning and Removal of Underbrush: i The Administrative Official may issue a tree permit authorizing the selective thinning of certain protected trees from a heavily wooded area under Section 6.5. a.2 of this Ordinance. If the Administrative Official issues a permit for selective thinning, the protected trees covered by the permit shall be exempt from the tree replacement and tree protection requirements. ii. The Administrative Official may issue a permit allowing the clearing and grubbing of brush located within or under the drip lines of protected trees subject to reasonable conditions to insure the maximum protection of the trees. The permit holder shall clear or grub by hand or with push-type mowers within such drip lines, unless the use of dozers. loaders, or other moving equipment to clear or grub is expressly permitted in writing by the Administrative Official prior to pertormance 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 17)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 thar 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 des.:ribing hc purpose and reason for the Muitipie Tree Clearing, such other information or documents as may be requested by the Administrative Official,and the appropriate fee as provided in the fec schedule. ii. The Administrative Official shall refer such application to the Planning and Zoning Commission for recommendations. The Administrative Official may make an on-site inspection of the property to be cleared. After the Administrative Official and the Planning and Zoning Commission complete their recommendations,the application shall be submitted to the City Council for determination. Ordinance 585-L 14 Southlake Tree Preservation Ordinance iii fhe 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 obtaincd 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 he 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 Retbrestation 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. It'such a diseased,infected or hazardous tree is not altered by the owner,the City may alter such a tree to reduce the chance of spreading the disease or infection to nearby healthy trees or to protect the healthy.safety,and welfare o:the general public. 8.2 APPLICABILITY: a. All protected trees that must be altered to construct the required and permitted improvements based on the City Council approved Tree Conservation Plan are exempted from the tree replacement and protection requirements of this section. Such improvements may .nclude 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 hoards or officers of the City. b. Any protected trees within a building footprint that the approved Tree Conservation Plan determines do not have to he altered shall be sub;ect to the tree protection requirements contained in Section 9.8 of this Ordinance. c. All other areas of the proposed development, including areas in utility easements and areas designated for cuutill 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 pans have been approved for both the installation of the infrastructure and the ouilding 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 ar.d site plans meet the conditions of the City Council approved Tree Conservation Plan;and ii. Given the limitations of required setbacks, proposed building footprints, and improvements,the applicant has limited the impact on all protected trees on the site to the greatest extent possible. Ordinance 585-E. I Sourhlake Tree Preservation Ordinance 8.3 TEMPORARY ACCESS AND CONSTRUCTION EASEMENT'S: a. A person commits an offense if the person owns real property and permits access across the person's property or grants a temporary access or construction easement across the owner's property if such right of access or casement intersects or comes within ten (101 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 l ication designed to minimize tree damage and impact on the natural environment while still providing a reasonable avenue of ingress and egress for construction purposes to the adjoining property. 9.0 TREE REPLACEMENT AND TREE PROTECTION STANDARDS 9.1 GENERALLY: If required by Section 8.1, 8.2,or 8.3,the following procedures shall apply to any person who alters a protected tree fur which a permit is required. If a person alters a protected tree for which a permit is required, the person shall replace the protected tree with an equivalent tree as designated in the Landscape Ordinance and approved by the Administrative Official. This tree replacement requirement is not meant to supplant good site planning. Tree replacement will be considered only after all design alternatives which could save more existing trees have been evaluated and reasonably rejected. 9.2. SIZE AND NUMBER: A sufficient number of trees shall be planted to equal or exceed,measured in DBH, the diameter of each tree altered. Each replacement tree shall be at least two ir.ch (2") in diameter at the po;nt on:he trunk 4:%feet(DBH)above ground level when planted. 9.3. LOCATION: Each replacement tree should he planted on the same lot or tract as the tree which was altered. However,if the replacement tree cannot be planted on the same lot or tract in accordance with universally accepted arboricultural standards, the agent charged with mitigating the alteration of a protected tree may choose any or a combination of the following: a. replacement on other private property within the City of Southlake,with the approval of the owners of both the property on which the protected tree was altered and the property on which the replacement tree is to be planted. In such an instance,the owner of the property on which the replacement tree is to he planted shall agree.in writing,to maintain the replacement tree to the standards established in this Ordinance: b. replacement on public property as approved by the Administrative Official;or c. payment to the Reforestation Fund as provided by Section 9.7,below. 9.4 RESPONSIBILITY FOR REPLACING PROTECTED TREE: The Administrative Official will determine the time of replacement, and the location of the replacement trees and approve the agent responsible for replacing a wrongfully altered protected tree. The recuirement to replace trees shall be binding upon the person subject to such order even if such person sells, assigns, or transfers the property. Ot 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 :he property was sold, assigned or transferred to permit the replacement on such property,or may make payment to the Reforestation Fund as provided in this Ordinance. 9 5 TIME OF REPLACEMENT Any replacement trees required to be planted must be planted not later than ninety (90)days after the order of the Administrative Official,or within (30)thirty days of the date any appeal from such order becomes final. provided. hcwever, that the Administrative Official Ordinance 585-L 16 Southlake Tree Preservation Ordinance may require the deferral of the planting of replacement trees up to an additional one hundred eighty 180) days based on weather and other arboreal considerations, and further provided that the Administrative Official may,upon request of the person subject to the requirement approve delaying the planting of replacement trees up to an additional one hundred eighty (180) days if the person subject to the order provides the City with a surety bond in an amount equal to the cost of purchasing and planting such trees or pay this amount into the Reforestation Fund within the earlier of the following: (I) within one hundred eighty (180) days of the last date approved for such delayed planting, (2)the date of issuance of the first certificate of occupancy on any portion of the subject property,or(3)other date as agreed by the City Council in an approved Tree Conservation Plan. The surety bond must be issued by a company licensed to do business in the State of Texas and shall be authorized by and approved by the City Attorney. 9.6 LONGEVITY AND DURATION: If a replacement tree dies within three years from the date it was planted,the person subject to the requirement to plant the replacement tree must replace the dead tree with another replacement tree within ninety (90) days of the order of the Administrative Official ordering such replanting. This requirement to replace trees shall be binding upon the person subject to such order even if such person sells,assigns.or transfers the property. In the event of such a sale, assignment or transfer of property,the person subject to such order may either obtain the consent of the person to whom the property was sold, assigned or transferred to permit the replacement on such property,or may make payment to the Reforestation Fund as provided in this Ordinance. 9.7 REFORESTATION FUND: A person required to compiy with Section 9.1 and 9.4 may request to make a payment to the Reforestation Fund or other specifically dedicated fund approved by the City Council for such payments in accordance with the following requirements: a The amount of the payment required in lieu of each replacement tree shall be the average cost of a quality tree of similar size and type to the replacement tree which would otherwise have been required by this Ordinance, plus the cost of planting such a tree, as determined by the City Council and provided in a fee schedule published by the City. b The funds snail be used only for purchasing and planting trees on private property approved by the Administrative Official and the City Manager, on public property, for acquiring wooded property.including Conservation Easements or Environmental Preserves which shall remain in a naturalistic state in perpetuity,or for establishing a landscape or wildlife preserve or similar nature area as approved by City Council. c. The Reforestation Fund Administrator shall submit quarterly reports to the City Council of the deposits and disbursements from the Reforestation Fund. 9.8 TREE PROTECTION PROCEDURES: a. Unless otherwise exempted by this Ordinance,the following procedures shall apply to protect any protected tree for which a permit is required. b All persons submitting construction plans shall insure that such plans comply with the requirements of this Ordinance. c. The Ibllowing activities are prohibited within the limits of the critical root cone 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,,one of any protected tree. Ordinance 585-E I Suttrhluke Tree Preservation Ordinance ii. Equipment Cleaning Liquid Disposal: No equipment shall be cleaned or other liquids, including, without limitation, paint, oil, solvents, asphalt. concrete, mortar or similar materials deposited or allowed to flow into the critical root zone of a protected tree. iii. Tree Attachments: No signs.wires or other attachments.other than those of a protective nature,shall be attached to any protected tree. iv. Vehicular Traffic: No vehicular andiur construction equipment traffic or parking shall take place within the critical root zone of any protected tree other than on existing street pavement. This restriction does not apply to single incident access within the critical root zone for purposes of establishing the building pad and associated lot grading, vehicular traffic necessary for routine utility maintenance,emergency restoration of utility service,or routine mowing operations. v. Grade Changes: No grade changes shall be allowed within the limits of the critical root zone of any protected tree unless adequate protective construction methods are approved in advance in writing by the Administrative Official. vi. Impervious Paving: No paving with asphalt, concrete or other impervious materials shall be placed within the limits of the critical root zone of a protected tree except as otherwise allowed in this Ordinance. d. No heavy equipment, including but not limited to trucks,tractors, trailers. bulldozers. bobcat tractors, trenchers. compressors, and hoists, shall be allowed Inside the drip-line of any protected tree on any construction site without prior written approval of the Administrative Official. c. The following procedures shall be followed on all types of construction projects (including residential.commercial,and municipal/public domain projects). n. 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 limis 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. fhe 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(101 feet of the fence,the fence snail he 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 he installed and maintained for the duration of the construction. Ordinance 585-E I 8 SoniWoke Tree Preservation Ordinance vii For permits involving trenching such as sewer services, irrigation systems or underground electrical work, the applicant shall provide sufficient plans to provide protection of the trees in the vicinity of the work. viii. The "tree protection sign" tree preservation instruction detail sheet and approved tree conservation plan shall be posted at each entrance to the subject property upon which one or more trees subject to the permit is situated.and at any other location designated by the Administrative Official ix. All of the above conditions must be adhered to and inspected by a city inspector prior to the issuance of any permits. 1'. 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(21 inches x four(4)inches lumber encircled with wire or other means that do not damage the tree. The intent is to protect the bark of the tree against incidental contact by large construction equipment. The contractors shall comply with the requirements of this Ordinance regarding bark protection. g. Construction Methods: i Boring: Boring of utilities under the critical root zone of a protected tree shall be required in those circumstances where it is not possible to trench around the critical root zone of the protected tree. When required,the bore shall be a minimum depth of forty- eight(48)inches. ii. Grade Change: I} the Administrative Official approves the tirade change within the critical root zone of a protected tree, the procedures noted in the City's standard detail sheet shall be followed. iii. Trenching: No trenching small 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 ssuance 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.arger 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:tours of initial exposure. 10.0 PUBLIC TREES 10.1 The City shall be responsible for the administration of a.l trees and associated vegetation located on all municipal!public domain property,including public street right-of-ways,City owned parks and city owned properties. 10.2 It shall be the responsibility of the Administrative Official to develop,and administer a written plan for care.preservation,pruning,planting,removal or disposition of trees and associated vegetation on all municipal!public domain property rdinance SRS-E I'i Southlake Tree Preservation Ordinance 11.0 TREE PRUNING STANDARDS 1I.1 PRUNING TECHNIQUE: All pruning snail be conducted in accordance with the most recent Arboricultural Specifications and Standards of Practice of The International Society of Arhnriculture as published from time to time by the American National Standard for Tree Care Operations (ANSI A300). 11.2 REQUIRED PRUNING: The owner of land abutting on any public street right-of-way shall be required to provide reasonable and routine care of trees and vegetation in or adjacent to the right-of- way. and shall promptly take action to remove all dead, diseased or hazardous trees. or broken or decayed limbs which may constitute a threat or danger to the safety of the public. Such owners shall maintain a minimum clearance of fourteen feet(14')above the traveled pavement or curb of a public street or as approved by the Fire Marshal and a clearance of eight feet (8') above the surface of a sidewalk,- II.3 GROUND LEVEL CUTS: Where protected tree removal is allowed by this Ordinance,but the root system of the tree to be removed is intertwined with the root system of any protected tree whose removal is prohibited by this Ordinance, the tree shall be removed by flush cutting with the natural level of the surrounding ground. Where stump removal is also desired, stump grinding shall be allowed or,upon written approval by the Administrative Official,a trench may be cut between the two trees sufficient to cut the roots near the tree to be removed,thereby allowing removal of the remaining stump with minimal damage to the root system of the tree to be saved 11.4 TREE TOPPING: It shall be unlawful for any person to top any tree without first obtaining a Tree Permit, unless an exception listed in Section 5. 3 of this Ordinance applies. If it is determined that topping the tree is necessary because The tree has been severely damaged by storms or other causes,or in a circumstance making other pruning practices impractical as listed in Section 6.5 of this Ordinance, a permit allowing the topping of a tree may be issued. However, tree replacement regulations may apply. 12.8 TREE PLANTING AND REMOVAL STANDARDS 12.1 ACCEPTABLE TREES: The list of trees acceptable for planting on public property or on private property to meet tree replacement requirements is set forth in Appendix B (attached to and fully incorporated into this Ordinance). Trees other than those listed as acceptable may only be planted as replacement trees only upon written approval of the Administrative Official. 12.2 STREET TREE SPACING: Any person planting a street tree shall comply with the requirements contained in this Ordinance,and the spacing of street trees from the nearest intersecting curb shall be based upon the street typology designation. 12.3 STUMP REMOVALS: All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump;hall not project above the surface of the ground,except that the City may maintain wilderness or naturalistic areas in which naturally occurring stumps may be permitted to extend above ground level. 12.4 OFFENSE: A person commits an offense it the person: a. plants any required replacement tree within an area such that the-nature canopy of the tree will interfere with existing or proposed overhead utility lines, b. plants any required replacement tree or street tnx within an area such that the mature critical root zone of the tree will interfere with existing or proposed underground pubiic utility lines including water lines, sewer lines, transmission lines or other utilities), or such that the Ordinance.85-E 20 Satahlake Tree Preaen•ation Ordinance installation and/or maintenance, of such utility lines will, in reasonable probability, require activity:n 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 beer.authorized by the City to do so. The City shall grant such authorization where the tree must be affected in order to install or maintain a utility line or utility service line. 13.0 PENALTY FOR VIOLATION 13.1 CRIMINAL PENALTIES: a. Any person who: (l)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 S200.00) per diamete- ine.t of the trec(ai altered, nut to exceed Two Thousand Dollars S2,000.00)per violation. The unlawful alteration of each protected tree shall be considered a separate incident and each incident subjects the violator to the maximum penalty set forth herein for each tree. A person is criminally responsible for a violation of this Ordinance if the person alters, or permits or causes to be altered. a protected tree without complying with the requirements of this Ordinance. b. A person who v iolates any provision of Article 10 or II of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed Two Thousand Dollars($2,000.00). 13.2 CIVIL PENALTIES: Any person who: (I) violates Section 5.2 of this Ordinance by altering a protected tree withoat first obtaining a tree permit f-om 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 (S200.00) per diameter inch of the treets) altered, not to exceed Two Thousand Dollars (S2,000.00) per incident. The alteration of each protected tree shall be considered a separate incident and each incident subjects the violator to the maximum civil penalty set forth herein for each tree. The civil penalties assessed shall not exceed two times the amount of the payment the person would be required to make into the Restoration Fund or other specifically dedicated fund us provided in Section 9.7. 13.3 PROCEDURES FOR ASSESSING CIVIL.PENALTIES: a. 1'he 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 pena.ty is being sought; ii if possible,a statement of the amount of the civil penalties to he assessed; iii. a statement that the person may request an administrative hearing before the City. Manager to challenge the assessment of the civil penalty; Ordinance 585-E 21 Sou:hlahe Tree Preservation Ordinance iv. a statement that if an administrative hearing is not timely requested as provided in this section,or the trees replaced or payment made pursuant to Article 9,civil penalties will be assessed. b. A person may request an administrative hearing he:ore the City Manager by tiling 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 he not later than thirty(301 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 mailiretum receipt requested. The notice shall conta:n the date,time and place of the hearing and the information specified in subsections(a).(i)and(ii). d. After giving the property owner an opportunity to be heard, the City Manager shall weigh all evidence presented and determine whether to assess civil penalties. If civil penalties are assessed, the City Manager shall sign a written order setting forth the amount of the civil penalty. In determining the amount of the civil penalty, the City Manager shall take into consideration the cost of replacement of protected trees. e. A civil penalty under this section is final and binding and constitutes prima facie evidence of the penalty in any suit The City Secretary shall file with the district clerk of the county in which the property is located.a certified copy of he order assessing the civil penalty stating the amount of the penalty. f. The City Attorney is authorized to tile suit to enforce collection of a civil penalty assessed under this Article. I4.0 ENFORCEMENT 14.1 DEVELOPER'S AGREEMENT: The City shall not approve a developer's agreement unless the developer's agreement provides that all construction activities shall meet the requirements of this Ordinance, including any conditions placed by City Council at the time o` approval of the Tree Conservation Analysis or Tree Conservation Plan. 14. 2 BUILDING PERMIT: No building permit shall be issued unless the applicant signs an app;ication or permit request which states that all construction activities shall meet the requirements of this Ordinance. The Building Official shall make available to the applicant upon request: a. a copy of the Tree Preservation Ordinance or a condensed summary of the relevant aspects pertaining to the type of permit requested;and b. tree protection sign(s)in such quantity as required by this Ordinance. 14.3 ACCEPTANCE OF IMPROVEMENTS AND ISSUANCE OF PERMITS: The City may refuse to accept any public improvements or issue any permits or certificates relating to the suhjet property until the applicant meets all requirements and pays all civil penalties and other monetary obligations assessed for violations of this Ordinance,provided,however,that acceptance of public improvements and issuance of permits may be authorized if,with the Administrative Official's approval,the person furnishes the City with a cash deposit or surety bond in a sufficient amount to satisfy all civil penalties and monetary obiigations assessed and, if any obligation to plant replacement trees applies,to pay to the City the approximate amount of the cost to replace the trees,as provided in the current schedule established by the City. Neither the acceptance of public improvements nor the issuance of any permits or certificates shall constitute a waiver of any violation,a compromise or satisfaction of any Ordinance 585-E 22 Sourhlake Tree Preservation Ordinance fines,penalties,or other obligations.or otherwise prevent the City from enforcing the terms of this Ordinance. 14.4 CERTIFICATE OF OCCUPANCY: No Certificate of Occupancy ("C.O.") shall be issued until applicant meets all requirements and pays all civil penalties and other monetary obligations assessed for violations of this Ordinance,provided,and until all replacement trees required to be planted due to violations of this Ordinance by the applicant have been planted or appropriate payments have been made to the Reforestation Fund;provided. however,that a Certificate of Occupancy may be granted before all trees have been replaced it',with the Administrative Official's approval,the person furnishes the City with a cash deposit or surety bor.d in a sufficient amount to satisfy all civil penalties and monetary obligations assessed and, if any obligation to plant replacement trees applies,to pay to the City the approximate amount of the cost to replace the trees, as provided in the current schedule established by the City. 14.5 ILLUSTRATIVE NATURE OF TREE TECHNICAL MANUAL: The illustrative portions of the Tree Technical Manual are for informational purposes only, and to the extent of any conflict between the terms of this Ordinance and other material in the manual,the terms of this Ordinance shall control,and reliance upon any illustrative material sha,I not be a defense in any action,whether civil or criminal,to enforce this Ordinance. 15.0 APPEALS AND VARIANCES I f APPEALS: a. A person affected by an interpretation or decision of the Administrative Official under this Ordinance may appeal to the free 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, ur within ten (10)days of the postmark date if the decision was sent in 11.S. Mail to the property owner The person shall fife 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'free Board shall hear the appeal to determine whether the decision of the Administrative Official was in accordance with all the provisions of this Ordinance. The decision of the Tree Board shall be final. No decision of the City Council can be appealed to the Tree Board. c. IF the Tree Board affirms the decision of the Administrative Official,the applicant shall amend the approved concept,development,or site plan or plat to conform to the requirements of this Ordinance within thirty days of the Board's decision. If the Tree Board overturns the decision of the Administrative Official.the development application or plat shall conform to the Board's decision. 15.2 VARIANCES. a. The City Council may authorize a variance to any provision of this Ordinance following a recommendation from the Planning and Zoning Commission. A request fur a variance to any provision in this Ordinance shall be accompanied by a Tree Conservation Ana:ysis or Tree Conservation Plan as outlined in Article 6, or other documentation requested by the Administrative Official,and me following factors shall be considered in evaluating the variance request: r. Whe.her a literal enforcement of the Ordinance will create an undue hardship or an Ordinance 353.E 23 Soulhlalre Tree Prese,volloa Ordinance unreasonable practical difficulty on the applicant; ii. Whether the situation.:ausing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed; ells Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; iv. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; v. Whether the increased development costs caused by preserving the tree create an undue hardship on the development of the site; vi. Whether there is any identified adverse effect of the alteration or preservation on erosion,soil moisture retention,flow of surface water,and drainage systems: vii. Whether there is any substantial impact to the buffering of residential areas from the noise,glare,and visual effects of non-residential uses; viii. The costs versus the benefits of relocating required utility service infrastructure and easements based on preservation or alteration of protected trees; ix. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; x. Whether the alteration adversely affects the public health,safety or welfare;and xi. Whether the granting of the variance will be in harmony with the spirit and purpose of this Ordinance to the greatest degree reasonably possible. b. A person requesting a variance from the provisions of this Ordinance shall do so in writing to the Administrative Official. All variance requests shall be accompanied by a completed application and non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council. fn absence of such a fee schedule,the filing fee shall be S250. c. The Administrative Official shall then schedule a hearing of the variance at the next available Planning and Zoning Commission meeting and transmit all the documents pertaining to the appeal to the Planning and Zoning Commission at a reasonable time prior to the meeting. The Planning and Zoning Commission shall hear the variance to determine whether it should be granted or denied,and make a recommendation to the City Council. After the Planning and Zoning Commission makes its recommendation, the decision was in accordance with all the provisions of this Ordinance. The Administrative Official shall then request that the City Manager schedule a hearing of the variance at the next available City Council meeting and transmit all the documents pertaining to the appeal to the City Council at a reasonable time prior to the meeting. The City Council shall hear the variance to determine whether it should be granted or denied,and the decision of the City Council shall be final 16.0 SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases,clauses, sentences,paragraphs and sections of this Ordinance are severable,and if any phrase.cause.sentence,paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council Ordinance 585-E 24 Soul/duke Tree.Preservation Ordinance without the incorporation in this Ordinance of any such unconstitutional phrase,clause,sentence,paragraph or section. 17.0 CONFLICTING ORDINANCES This Ordinance shall he 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 xovisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed except as follows. Specifically, Section 3.4 of Ordinance No 585-A, which provides that all developments which have not submitted final construction plans as of December 17, 1997 shall be subject to the requirements for tree protection and replacement specified:n said Ordinance,is saved from repeal,so that it will continue to apply to projects in construction. Further. the first sentence in Section 3. 5 c. of Ordinance No. 585-A, which provides that all builders who have not submitted a request for a building permit as of December 17. 1997 are subject to the requirements of the Ordinance,is hereby saved from repeal Said sections shall continue in full force and effect for such purpose. Further, the provisions of Ordinance No. 585-B shall continue to be effective and applicable to those developments as described in and set tor.h in Section 20. Such provisions shall continue in full force and effect for such purpose. 18.0 SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulations for the preservation of trees that have accrued at the time of the effective date of this Ordinance;and,as to such accrued violations and all pending litigation,both civil and criminal.whether pending in court or not,under such ordinances,same,shall not be affected by this Ordinance but may be prosecuted until anal disposition by the courts. 19.0 PUBLICATION CLAUSE the City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(101 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 additinnal;y publish this Ordinance in the official City newspaper one time within. ten (10) days after passage of this Ordinance,as required by section 3.13 of the Charter of the City of Southlake. 20.0 EFFECTIVE DATE This Ordinance shall be in full force and effect from and atter 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 si:e plan before the effective date of this Ordinance shall be required to comply with the provisions of Ordinance No. 585-B and shal: not be required to comply with the requirements imposed by this Ordinance unless one of the following occurs: 20 1 An application for preliminary plat approval for the project being developed was tiled before September 1.2005 and expires without a final plat being approved on or before the second anniversary of the date of approval of the preliminary plat: or if a final plat is approved on a portion of the property.the remaining property included within the plat expires without a final plat being approved on or before the first anniversary of the date of approval of a portion of the preliminary plat; 20.2 The project being developed was initiated by a preliminary plat application filed on or after September I,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 Tes. Local Gov't Code Sec 245. 005(Vernon 2005):or Ordinance 585-E 25 Southlake Tree Preservation Ordinance 20.3 The project is abandoned or significantly altered such that it is a new project. For purposes of this Ordinance, a project shall be deemed to be abandoned or altered in the event the applicant files an application for approval of another permit for the property for which a project is pending and the permit sought is for different uses or for a different configuration of the property. 20.4 Should the conditions in any subsection set forth above be met,or should the applicant request, the provisions of this Ordinance shall be controlling and shall apply to the applicant's project. Ordinance 585-E 26 Southlake Tree Prestrvalion Ordinance PASSED AND APPROVED on the 1st reading the 7th day of November,2917. pl{1M1Ntli$44 rAit TN41 , iIg * ES1: 3 rl . /t/tt-L,/1 `ea— S. r' TIN SECRETARY PASSED AND APPROVED on the 2nd read day of Dec saber,2017. t./ilN146 ,1 gOUTH '', Jfc S,„ M OR r II t ATTEST: la rat tetell/i i .,t31l1ev ti,,,,, *** it, CITY SECRETARY ig•se tMltse APPROVED AS TO FORM AND LEGALITY: I Y ATTORNEY Ordinance 585-E 27 Sou hluke Tree Preservation Ordinance APPENDIX A Requirements for Alternative to Tree Surveys and Tree Surveys Requirement Alternative to a Tree Survey Tree Survey 1. ate title Yes Yes 2. Title Block with protect name,address.lot and block number,suadivision, Yes Yes ci and date of re oration 3. North arrow, hic.and written scale no I than 1"=200')_ Yes Yes 4. Prepared by licensed surveyor,landscape architect,or other person as No Yes a oved b die Landsc 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°M,view sheds,.ponds,wetlands.etc. 8. Aerial photography of the site showing existing tree canopy on the site Yes No 9. All individual trees shown on a plan tied by horizontal control(i.e. No Yes dimensions rsom lot lines,or placed through coordinates determined via a site survey i 10. Tree preservation areas as identified by a Tree Conservation Analysis or Yes Yes Tree Conservation Plan I I. All individual protected trees shown with the cal)per size and species No , I ._ 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, Yee!• 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(:roes that protected,removed,or can possibly be saved based upon site specific conditions) 17. General status of tree stands on the tot after proposed improvements have Yes No been made(trees that protected.removed,or can possibly oc saved based • upon site specific conditions) i IS. Identification of existing vegetative buffers adjoining existing development T Yes Yes 19. Stream/creek buffers,if any Yes Yes 20. 2-toot contours Yes No 21. l-foot contours(for nun-residential development only) No Yes Required for site plans only. Ordinance 585-E, 28 Sotehluke Tree Preservation Ordinance APPENDIX B RECOMMENDED TREE PLANTING LIST Common Name Botanical Name Pecan Carves illinoensis Cedar Elm f,!lmas crassifolia Shumard Red Oak Quercus shumardii Texas Red Oak Quercus texana Live Oak Quercus virginlana Bur Oak Quercus macrocorpa Post Oak Quercus stellata Black Jack Oak Quercus marilandica Lacebark Elm Ulmus parwfolia Chinese Pistache Pislacia chinensis Sweetgum Liquidambar styraciflua Austrian Pine Pinus nigra Chinquapin Oak Quercus muhlenhergii Southern Magnolia Magnolia grandiflora Bald Cypress Taxodium distichum Caddo Maple 4cer barhatum'Caddo' Texas Hickory Carya lexanu Western Soapberry Sapindus drummondii Eastern Red Cedar Juniperus virginlana American Elm litmus amiricana Ordinance 585-F. 29 Southlake Tree Preservation Ordinance Star-Telegram MEDIA rri•.,ili .,r F.rr..-_:, .ai,Tn.'KEII_ Ci'_ E_i, . I•.=4,11r,or• _;x it:4•r.•. ,- . •`.!,.;.-Y',r.:r• star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx 76102-6315 i 800.222.3978 r' MEMO INVOICE "" re,.--.11-e 25-:•.-4i22 I TOTAL AMOUNT DUE 3 ?F a[aato I e A......__:...,';.w.••.. i cts:•C Dept 14.--1^,.L1UCC -.1 .a.[r.ccr...rwnMn r•I r•,onp[wttNwr•awma t 1 M,C nCuerl..art CC'- 600637 600637 1-• SOJ'PLARE MAKE CHECKS PAYABLE TO ctar_Tjlrg a:n CITY OF SOUTHLAKE Star.-eteg'ar, Ad.ErTsw1g 1400 MAIN ST PO 30 34 veroa 1,,C4315! STE 440 SOUTHLAKE TX .'8092-7604 8 ieic 'Contact Sales+ep ;;-volt E tiid ssccrea ta-ui uteu:ran$ r cciat4:ly coin Payment Is due upor-eceipt. Mir U NtmSPauEi U J U U U 3•.LE: U'•MEi U U i•AR STJP RE=EREw:E CESCRIP'ON JCi:C- A i i1ZE '.tn-: 40., R,]-. >MOL41 a• 1_ - ,u, 'Ei-INC,to, -P7r:11' -e.ey"1T E, I. 535'.1. a_ EJi •rcwF+r.,.n':• •t:cM s L r I i`x! THIS IS A MEMO INVOICE AND MAY OR MAY NOT REFLECT ALL CHARGES OR CHANGES THAT OCCUR ON THE FINAL INVOICE. Starrfelegy PLEASE C£TACP AND RETURN LOWER PORTION WITY YOUR REMITTANCE ME IA 2C T 3eor•Ttie•Da:n•-u•.e•tg;'q I TOTAL AMOUNT OUE - r 81...51134' Jpon Re•_atpt I I ..:,,• :I IMAM CML 1 MEMO INVOICE ' I i I KW....t.11CrrP[w'L I 1 3C0339-369 Star-'elegrarr Y ILC.:..rMr.r.L. Star-Telperarr-Advertsmy t._c`a O BOY 5 t 84' I 4.nwreac.s wr.: wlu r onla Mt 4815, s9s3' Star-lëlegram, s:ar•relegram:cm 1 8r)8 Tnro•:xmcr:on Sr =t Worth.Tx 7b:32-5 3C9"6'42' AFFIDAVIT OF PUBLICATION a:. 4 :,ca-^ • rn .. _-nil. .. - L. Attention: THE STATE OF TEXAS CITY Or SOUTHLAKE County of Tarrant 1400 MAIN ST Before me a Ni;tary PJah=,n and`or STE 440 sad County and State inns dap SO:TI-ILAKE TX 760927604 pc-sona'ly appeared CHPISTINE LOPEZ Bid and Legal Cocrdrnatcr PUBLIC HEARING NOTICE IL' inc Star-Telegram.pr•blis.e0 Cy CITY OF SOUTHLAKE,TEXAS re Star-Telegram Inc at Foy i Notice is hereby giros to ail inter-ested persons that the Clty of vVortn 7 Tarrant Count; Texas and Southieke, Texas, wsl consider i the fol(owing items in the Coin- n,rc efts-oei-g duly sworr O C oil Chambers at Town hall,1400 Main Street, Seutnlake. Texas Jocose aod say that tre attachec I The Cit; C.uoK:l Yli Tuesday, ue. Oo'rg of 3n advertisement Nay camber 5.20:7 at 5:30 P.m will I D_CI;red ^the aCvi•e-ar+ed 3Ce hail a mobil.:hearing and consid er r,re listed :ate Ordinance No. 410. 731 (2417• 080). Zoning Change ana Site tan for White Line Seri St:xage In 7r30drty ascribed as Tracts 608 and 609.J G.Allen Survey. Acstract Nc 18, City of v.•1 n<. Southleke, Tarrant Count',. Texas inc located at 750 Dann 91va and 2360 Michael Or.. Sor.thlaxe, Texas. Current Zor r r:,: -..-ic: "AG' Agricultural Dist:ic; moused Zoning. •'S•P•1" 0r• . ailed Site Pion District. SPIN Nc.gettorhoen'11 D'dinance bo 5S5-C. ai iendini the City of Southia4e'Tee'res- ervation Ordinance and Tecnni- Ca'Manual. All nterested persons are Lreee tc attend. City of Scuthiaire Carol Ann Borges,TRMC City Secretary SJBSCPIBEL AND SWORN fry 9=FORE ME.THIS 2)$ day 3t y;vwm0e' n the year Of 2';t- t-Ti_} Not=_ry Star-Telegram MEDIA laws k• -cr•STo: .. :gran N,..'.r lvl .._,..:ri.. .r g star-telegrarn.com I BOB Throckmoctor St.I Ft Worth.Tx.76102-6315 MEMO INVOICE "— Fea ca.a.:•_•<;b^ I TOTAL AMOUNT DUE S8C C3 1.1....4.1.00 I ....f•«..,.......... 'I ......q...C.....v.r... :L wa..re..cu.1...c 2',4`2C 600637 600637 CIT.0'SOUTHLAKE MAKE CHECKS PAYABLE TO Star-"eleg•am CITY OF SOUTHLAKE Sic-Teleg•am-44„ e'I.snn 1400 MAIN ST Box 51547 STE 440 vor.a MI a315' SOUTHLAKE TX 760f..,2-7604 5.i.rg -.-:l.I.:,.es=ea :••!x, <-NI l sr•]?':.a....4N.,.'.4:5;9:.lyaI"y;T-I Payment 15 due upon-tt SryTeceipUNEM•SPAPca I'-1 LJ UU mar, U MCA{I U A?i i RE EticNCE DE CRIPTIUN 1=,:.i.. SAL Su.:NRS ?:h ItA". attr.N" 4.ue1_. -Pl..NaNCr h: :35.ea•.:I; _-it• d! I N.,Nr.i *._ ,.•.i 4h •. «... : , THIS IS A MEMO INVOICE AN MAY OR MAY NOT REFLECT ALL CHARGES OR CHANGES THAT OCCUR ON THE FINAL INVOICE. PLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCEStar-Telegram 1 n:.,-:PE..n.• I 0.0. ... MEDIA I-:' MT wsoJT1=LAKE T:.e; an•..I%an s ry r TOTAL AMOUNT DUE ' r n.cn• Ss 0 AA1.N5' MEMO INVOICE "` I ..:t. I 1 I..I C-?t_.c^ Star-Telegram I a..:U.CC ..M..A Star-Telegram-Advertising 6JUE-7 PO BOX 51847 I ovonixac.,r.1...so, nonta MI 48151 Star-Telegram MEDIA star-telegrAm rom 1808 Throckmortor•St !=t Worth.Ty 76102-6315 i 300.776 7927 AFFIDAVIT OF PUBLICATION x:io:'N... jps-- 35 73 It 1J Attention: THE STATE OF TEXAS CITY OF SOUTHLAKE County of Tarrant 400 MAIN ST STE 440 Befe•e^'e a Notary Public in anj SOJ THLAKE TX 760927604 sac CJLnty aro State this oay persoraliy appea•eo CHRISTINE LOPEZ Bid ano Legal Cocrzu•att• f^r the Star-Telegram publisred by tfe Star-Telegram Inc at F t Wor.r. :r 0:art Co ty Texas ano ORDINANCE NO.585-E wf O of e'be°ng July swcrn lie AN ORDINANCE OF THE CITY Of oecose 31C say that'.Fe atta:led30UTI1LAKEAMENDINGORDI- NANCE 58c-R WHICH ESTAa- cl-pcL-'o:`an aCVe-t.Semen:was i ISHFS 'HE REGULATIONS rOR THE PRESERVATION Of PLblisre0 Ii'r'e 3DG'+2 taT^0.7aoer TREES. PROVIDING FOR 14E 3URPOSE AND INTENT. PRO• r the I.5-e:i VIDING FOR DEFINITIONS. RE• QUIRING A TREE PERMIT TO ALTER A PROTECTED TREE. , PROVIDING TREE PRESERVA- TION CRITERIA AND REVIEW PROCESSES FOR TREE CON- Ir•c 1r.;n 5, SERVATION ANALYSES. TREE CONSERVATION PLANS. AND TREE PERMITS: AMENDING r,OI•s ' t-- THE TREE PROTECTION AND REPLACEMENT REQUIRE i r ero=r D 21'7 MENTS, PROVIDING TREE PLANTING AND TREE REMOV- AL STANDARDS: PROVIDING cOR ENFORCEMENT PROLE DUPES AND CIVIL AND CRIMI- NAL PENALTIES FOR VIOLA- TIONS PROVIDING A PROCESS FOR APPEALS AND VARIAN- CES. PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE. PRO VIDING A CUMULATIVE C OE NVtDTIHE ICAL NEWSPATANPER: AND PROVIDOFFFING AN EFFECTIVE DATE ASSED AND APPROVED .1t tNr t ll[ 2nd `eadincomb Oh THE SYH DA,' l_lJFDQcameer2011firs.. V.AYOR LAURA HILL ATTEST:ANN 90RGE5 irc C-I CITY SECRE"ARCAROL'" SUBSCRIBED AND SWORN TO BE=ORE ME.THIS 121h day f De e' oer r the yea-Cc 2^. Nctaw P.oIic Appendix B Items 1.D. NA-Completion of service projects will vary depending on scope of work;tree services can commence within 72 hours for non-emergency and 48 hours for emergency projects. Additional work crews can quickly be moved to the local Southlake office from neighboring offices in the case of emergency work. 4.A. 1.Gareth Harrier: Local Manager and Arborist Representative, Board Certified Master Arborist, Master's degree in Arboriculture and Urban Forestry from Texas A&M, team member for 15 years. 2.Wesley Rivers:Arborist Representative,Certified Arborist, Bachelor's degree in Forestry from Stephen F.Austin, team member for 5 years. 3. Michael Smith:Arborist Representative, Certified Arborist, Bachelor's degree in Forestry from Stephen F.Austin,team member for 5 years. 4.Jeremy Patterson:Arborist Representative, Certified Arborist,team member for 19 years. 5. Clint Pearson: Division PHC Specialist,Certified Arborist, Bachelor's degree in Arboriculture from Texas A&M, team member for 13 years. 6.James Allen: PHC Technician,team member for 3 years. 7.Abel Pineda:Crew Leader,team member for 19 years. 8.Carlos Rodrigues: Climber,team member for 5 years. 9. Emilio Olvera: Crew Leader,team member for 5 years. 10. Eriberto Becerra:Stump Grinder,team member for 2 years. 11. Ernesto Ramirez: Climber, team member for 9 years. 12.Jose Delgado:Groundsman,team member for 2 years. 13.Juan Ayala: Groundsman,team member for 3 years. 14.Martin Madera:Crew Leader,team member for 15 years. 15.Victor Jimenez:Crew Leader,team member for 12 years. 16. Chad Cook:Groundsman,team member for 1 year. 17.Cameron Scott:Climber,team member for 2 years. 18.Will Stacey:Groundsman, Bachelor's degree in Horticulture from Texas A&M,team member for 6 months. 19.Ryan Wong: Groundsman, Bachelor's degree in Forestry from Stephen F. Austin,team member for 1 week. 20.Missy Binney:Administrative Assistant,team member for 10 years. 21.Jennifer Huber:Administrative Assistant,team member for 7 years. 4. C. Bartlett Tree Experts has been in business for 113 years. The company was previously Alpine Tree Service. Bartlett Tree Experts purchased Alpine Tree Service on 03/01/2019,creating Alpine Tree Service, a Division of Bartlett Tree Experts. The local Southlake branch of Bartlett has 23 employees, while Bartlett Tree Experts has over 3,000 employees in North America,Ireland,and the United Kingdom. BARTLETT TREE EXPERTS 1 i MODEL SERIAL tt or MOUNTED EQUIPMENT Bartlett Equip# YEAR _ MAKE MODEL VIN LIFT,DUMP,SPRAYER ETC. 2006 Isuzu NQR JALE5B 1616730078I PI IC Spray Truck 2344-15 2010 _Ford F 150 I F'I'EX I C85AKE0770I Extra Truck(Mostly PHC use)606-10 2012 Bandit 1590XP 4FMUS1813CR002413 Drum('hipper 1055-51 2012 Bandit 1590XP 1- 4FMUS1817CR002415 Drum Chipper 1056-5I 2012 Bandit 2250XP 221036 Stump Grinder 286-64 y 2013 lino 338 5PVNV8JJOD4S50060 Forestry Body Truck 2345-I5 2013 Hino 338 SPVNV8JJ2D4S5006I Forestry Body Truck 2346-I 5 2013 Hino 338 5PVNV8JJ6D4S50063 Forestry Bocy'I'ruck 2347-15 2013 Hino 338 SPVNV8JJ8D4S50064 Forestry Body Truck 2348-15 2011 Cargo Mate 49TCB 142XB 1002591 Enclosed Trailer 565-20 2013 Bandit 1590XP 4FMUSI614DR002635 Drum Chipper 1057-51 2013 Bandit 1590XP 4FMUS1619DR002629 Drum Chipper 1058-51 2014 Ford F 15O 1 FTFX I C'F I EFC924O4 Manager/Sales Truck 607-10 Service Body Truck for Stump 2015 Ford F250 I FD7X2B64FEA42198 Grinder Operator 208-12 2015 Bandit 1590XP 4FMUS1617FR003216 Drum Chipper 1059-51 2015 Bandit 2550XP 251366 Stump Grinder 287-64 2016 Freightliner Iv12 106 IFVACWDT6GHHB8234 Forestry Body Truck 2349-15 2016 i GMC Sierra IG1'RI NEC5GZ404728 Manager/Sales'Truck 608-10 2016 GMC Sierra IGTRINEC2GZ420711 Manager/Sales Truck 609-10 Terex XT60 Pro,Rear-Mount 2018 Freightliner M2 106 3ALACWFC9JDJNI397 Bucket Truck 2350-15 2016 "Toyota Prius Hybrid J'FDKARFU2G3019985 Manager/Sales Car 1646-002 2017 GMC Terrain 2GKAKNEK6H6262762 Manager/Sales Car 1802-002 2018 Hino 258ALP 5PVNJ8JJ4K4S50748 Pt IC Spray Truck 2149-015 2014 Freightliner M2106 IFVACWD'T7EHFZ0622 1 Forestry Body'I'ruck 1692-015 2014 Bandit 1390XP 4FMUS1514ER001585 Drum Chipper 867-051 2019 Giant D2S4SW 254'i'ELF19052 Compact Wheel Loader Unassigned r 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. I, 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 chaazes. 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: Dated: 1/6/2020 Matthew Farin, Vice President Company Name: The F.A. Bartlett Tree Expert Company City al Southielie • Finance Department• 1400 Maxi Skeet.Swle 420• Souti iake.Texas 76092 917 748.d312 Primary Responses Success:All data is valid) SEIM 14150 Old . CINNIIIIrMS et Illimmo unn Price Teed CO..Decision Services With Aborist Success:All values provided Bid a,-1 Tree Pruning Services with a Two(2)Man Crew I Per Hr f 170 oa 5 170 00andEquipment Tree Pruning Services with a Three(3)Man CrewSuccess:All values provided Bid NI-2 Per Hr 5 255 00 S 255 00 and Equipment Success:All values wedTree Pruning Services with a Four(4)Man CrewP Bid wt-3 1 Per Hr 5 340 00 S 340 00 and Equipment Services Without Aborist srucess:All valuersprovided Tree Pruning Services with a Two(2)Man CrewBidaI and Equipment I Per Hr 5 170 00 5 170 00 Success:All values provided Bid *2 2 Tree Pruning Services with a Three(3)Man Crew I Per Hr S zss 00 f zss 00 and Equipment Success:All value provided Tree Pruning Services with a Four(4)Man Crew v Bid a2-3 and Equipment r Per HI 5 340 00 S 340 00 Roadway Right of Way Clearing sucss:Ace evalu provided Bid a3-r 2 man crew(1)tree climber-(1)ground man Ice Per Hr S 170 00 S 170 00 Success:All values provided Bid e3-2 3 man crew(2)tree climber—(1)ground manSuccess: valuesPer Hr E zss oo S 255 00 Success:All valuesprovided Bid a13 4 man crew(2)bee climbers and(2)ground men I Per Hr S 340 00 S 34000 Additional Services Success:All values provided Bid 04-I Tree Cabling/Bracing,(2)man crew Per Hr $250 DO S 250 00 Success:Al v aws provided Bid A4-2 Air Spade Services with(2)man crew 1 Per Hr 5 240 00 5 240 00 Success:All values rovideda4-3 Additional crew member for Traffic Control,tree P Bid pruning Or tree removal services Per Hr 5 9500 5 95 00 Nat Bidding No Bid ae Knuckleboom Truck ;bras removal with Per Hr IIIIIIIIIIIIIoper Success:Al value provided Bid s4-5 Bucket Truck with Operator Per Hr 5 170 00 5 170 00 Success:All values provided Bid 114-e Stump Grinding to Include All Stumps I Per Each S 125 00 5 125 00 Regardless of Diameter Cost per hour for Certified Arborist to perform orSuccess:All values provided Bid pa-7 t Per Hr 5 125 00 5 125 00 supervise work as required or requested Fertilization-Soil Injection/Foliar Success:All value provided Bid a5-1 Fertilization-Soil injection I Foliar.Per Inch. I Per inch 5 10 00 5 10 00 Success:All values provided Bid a5-2 Fertilization-Soil Injection I Foliar.Per Sq.Ft. I Per Square Foot S 0 25 S 0 25 Success:All values provided Bid s5-3 Fertilization-Soil Injection/Foliar.Per Gallon I Per Gallon S 3 50 S 3 50 Pesticide Application-Soil Injection i Foliar Success:All values Provided Bid a5.1 Pesticide Application-Soil Injection I Foliar.Per Per ino, S IZ ao $1200 Inch. wccaes:All values provided Bid a62 Pesticide Applications Soil Injection I Foliar.Per I Per Square Foot 5 0 30 5 0 30 Q- success AN values provided Bid as 3 Pesticide Application-Soil Injection I Foliar.Per I Per Gallon S 3 50 5 3 50 Gallon Additional Vendor Fees Not Listed All vendor travel charges should be included in Not Bidding No Bid e7-1 hourly rates listed above.If they are not please I Per Mie list travel charge per mile. Per Mile charge to job location after 50 miles I Per Mile After 50 Success:All values provided Bid e:2 S o Bo 5 0 Wfrom76092Mlles Not Bidding No Bid a7a Fuel Surcharge I Per Eacn Invoice