Item 4HCITY OF
SOUTHLAKE
MEMORANDUM
February 17, 2015
To: Shana Yelverton, City Manager
From: Sharen Jackson, Chief Financial Officer
Timothy Slifka, Purchasing Manager
Subject: Item 4H Approve Contracts for Tree Services with Alpine Tree
Services Inc., Arbor Masters Tree Service and Smith Lawn and
Tree
Action
Requested: Approve contracts for tree services with Alpine Tree Services Inc.
(Primary), Arbor Masters Tree Service (Secondary) and Smith
Lawn and Tree (Secondary).
Background
Information: In October 2014 the City released a request for proposal for
citywide tree services. This proposal included the City of Keller
and City of North Richland Hills as participating cities. The City of
Southlake is the lead agency. This proposal included service
requirements from each of the cities. By combining these
individual city services together under one contract we all benefit
from the expanded purchasing power. In FY 13-14 Southlake
spent approximately $93,000 on these services. With the addition
of the services of the cities of Keller and North Richland Hills the
total spent by all cities is approximately $210,000 per year. This
combining of services provides all three cities with additional
purchasing power.
This multi -city contract will provide all tree services for the City of
Southlake, City of North Richland Hills and City of Keller to
include;
♦ Tree Pruning
♦ Roadway Right of Way clearing
♦ Tree removal
♦ Tree and brush debris removal
♦ Stump grinding
♦ Tree and brush fertilization services
♦ Tree and brush pesticide services
This request for proposal included tree services with and without
requiring an arborist. With each of the participating cities having
different service it was decided to request services with and
without requiring an arborist on staff. Some services require an
arborist oversight while others do not.
Financial
Considerations: Costs for City of Southlake tree services are funded through
budgeted department maintenance accounts. FY 13-14 spend
approximately $93,000.
Strategic Link: C1 — Achieve the highest standards of safety and security.
C2 — Provide travel convenience within the city and region
C3 — Provide attractive and unique spaces of enjoyment of
personal interests
B2 — Collaborate with select partners to implement service
solutions
Citizen Input/
Board Review: None
Legal Review: Attorney reviewed original proposal documents as to form
Alternatives: Deny award and re -bid citywide tree services
Supporting
Documents: Award documents and proposal submissions
Staff
Recommendation: Approve contracts for this multiple city, multiple vendor service.
January 8, 2015
Alpine Tree Service Inc.
1900 Brumlow Ave.
Southlake, Texas 76092
Attn: Mr. Derek Neubauer
Subject: Award of Contract for Tree Services for City of Southlake RFP1409B200TS140012
Dear Mr. Neubauer:
The City of Southlake is pleased to inform you that Alpine Tree Service, Inc. of Southlake, Texas is the Primary awarded vendor
for "Provide Tree Services RFP1409B200TS140012" with arborist and without arborist. The award and this agreement are
based on your proposal submission, copy enclosed. This is a multiple vendor award contract. Your company's is the Primary
vendor for this contract. This award was approved by the City of Southlake City Council on
The terms and conditions proposed and accepted in this agreement are as follows:
Line Items Awarded All items Primary Vendor with and without Arborist per department needs.
Payment Terms: Net 30 days (Unless otherwise noted — such as pre- and/or partial payment)
Estimated Quantities: The City does not guarantee to purchase any minimum or maximum quantity but does contemplate
purchasing the awarded items exclusively during the term of the contract from the successful
vendors.
Method of Payment: Shall be made by City procurement card or purchase order
Delivery Terms: FOB Destination
Delivery Locations: Vendor Delivery or City employee pick-up.
Term of Contract: The term of awarded contract shall remain in effect for twelve months from date of initial City Council
approval and is eligible for up to four (4) one (1) year annual renewals.
City Contact: Tim Slifka 817-748-8312
Send all billing to: City of Southlake
1400 Main Street, Suite 440, Accounts Payable
Southlake, TX 76092 or via email to accountspayableaci.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 Manager
City of Southlake
1400 Main Street, Suite 440
Southlake, Texas 76092
tslifkaaci.southlake.tx.us
Fax: 817-748-8048
Contract and Award Accepted:
Signed:
Mayor John Terrell
City of Southlake
Attest:
Lori Payne, TRMC
City Secretary
Date: Approved as to Form and Legality:
City Attorney
Appendix B — Proposal
Submittal Checklist: (To determine validity of proposal)
_Appendix B (pages _9 through _20_) must he included in the proposal submittal
/Appendix C Conflict of Interest Form (page _20_) must be included in the proposal submittal.
Y Vendor Vehicle and Equipment List
V Arborist Certification Information
RFP Number: I RFP1409B200TS140012
Project Title: PROVIDE TREE SERVICES
Submittal
Deadline: 3:00 P.M. (CST), FRIDAY NOVEMBER 14, 2014
Submit electronically* to: www.securebidusa.com
* Requires email account login and password.
Proposer's Legal Name: A ( koi n 4 I—(-, - 5,-- r v eee-
Address: 11i 0 r u m !-w 4V& ,•
City, State & Zip- #� 27 2
Federal Employers
Identification Number # q q,?
Phone Number: NJ- 65' 7-3 Fax Number:
E-Mail Address: ! A 0 rr? Dl f e- 50t !
I, the undersigned, have the authority to execute this Proposal in its entirety as submitted and enter into a
on behalf of the Proposer.
Printed Narne and Position of Authorize e Lve: ic'I L6 • /^ P
Signature of Authorized Represen
Signed this _(day) of Nntk'.vyl be f' (month), D% (year)
1 learned of this Request for Proposals by the following means:
❑ Newspaper Advertisement V. City E-mail Notification
❑ Southlake Website ❑ Cold Call to City
❑ Mailed Me a Copy ❑ Other
Securel3id
City of Southlake - RFP1409B200TS140012 - Page 9 of 21
Appendix B — Proposal (continued)
I. REQUIRED PROPOSAL INFORMATION. IN ORDER FOR A PROPOSAL TO BE
CONSIDERED COMPLETE, AND TO BE EVALUATED FOR A CONTRACT AWARD BY THE
CITY, PROPOSER MUST SUBMIT ALL OF THE FOLLOWING INFORMATION:
1. Proposed Products and/or Services
A. Product or Service Description: Proposers should utilize this section to describe the technical
aspects, capabilities, features and options of the product and/or service proposed in accordance
with the required Scope of Services as identified in Appendix A. Promotional literature,
brochures, or other technical information may be used.
B. Additional Hardware Descriptions: Proposers should also include in this section a detailed
description of what additional hardware and/or software, if any, would be required by the City in
order to fully utilize the goods and/or services proposed.
C. Guarantees and Warranties: Each Proposer shall submit a complete copy of any warranties or
guarantees provided by the manufacturer or Proposer with the Proposal submitted.
D. Proieet Schedule/Delivery Date: Proposer must provide a project schedule noting all projected
completion dates for segments of the Project, from start-up to completion, and all delivery dates for
goods covered by the RFP. The Proposal must show the number of days required to deliver and
install the product or equipment after the receipt of the City's Purchase Order.
2. Cost of Proposed Products and/or Services
A. Pricing: Pricing shall reflect the full Scope of Services defined herein, inclusive of all associated
cost for delivery, labor, insurance, taxes, overhead, and profit.
B. Schedule of Pricing: Proposer shall quote unit pricing in accordance with the itemized listing of
products or contract segments stated in the Scope of Services and using the following format:
Item # Description of Products/Services Rate
SERVICES WITH CERTIFIED ARBORIST ON STAFF
1.
Pruning Services
Tree Pruning Services with a Two (2) Man Crew
and Equipment er Scope of Services
00
$ /hour
Tree Pruning Services with a Three (3) Man Crew
and Equipment er Scope of Services
S195.vD /hour
Tree Pruning Services with a Four (4) Man Crew
and Equipment per Scope of Services
� �O
$ L/�. /hour
2.
Right of-WaClearance
Roadway Right of Way Clearing Per Scope of
Services
Sj0: ` man/hour
3.
Tree Removal Services
2 man crew (1) tree climber— (1) ground man
S 150 vo /hour
3 man crew (2) tree climber — (1) ground man
$ �/0• o0
Ihour
Other Crew configuration. Please list.
-Moll u1 free r /, c : � 6prdiirn
$ /hour
City of Southlake - RFP1409B200TS140012 - Page 10 of 21
4.
Stump Grinding
Stump Grinding to Include All Stumps Regardless
of Diameter Per Scope of Services
$ 3r- . /inch
5.
Certified Arborist
Cost per hour for Certified Arborist to perform or"rW
supervise work as required or requested per Scope
of Services '*CAI 4 74f, AE6S&,,
a eA.�r,r-
$ �,� per hr.
t r i Qf
b.
Fertilization and Pesticide Application
Fertilization— soil injection / foliar
$ 'r- � /inch
/sq.ft
$ J ° ® /gallon
Pesticide Application — soil injection / foliar
$ $" /inch
$ /sq.ft
/gallon
7.
Travel Charge
All vendor travel charges should be included in
hourly rates listed above. If they are not please list
travel charge per mile.
$ per mile
aft miles
8.
Other Vendor .Fees
Other Vendor Fees as Required. Please Describe.
Or More
City of Southlake - RFP1409B200TS140012 - Page I I of2l
i� ��•� �".� o vc,y � Z �. pxr4 f/�^ :`s Ae,d rh rl"elln, et l/Y
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by A- &r-n' yea , O c,r -rree-
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Item` Descri tion of Products/Services Ratettftj„�„�a.✓
SERVICES WITHOUT CERTIFIED ARBORIST ON STAFF
1. Pruning Services n.,,- h�����
Tree Pruning Services with a Two (2) Man Crew !;�-- `I
and Equipment er Scope of Services $ /hour
Tree Pruning Services with a Three (3) Man Crew
and Equipment er Scope of Services
$
Ob _�/hour
Tree Pruning Services with a Four (4) Man Crew
and Equipment er Scope of Services
$
i
/hour
2. Right -of -Way Clearance
Roadway Right of Way CIearing Per Scope of
Services
j
$ 4q, man/hour
3. Tree Removal Services
2 man crew (1) tree climber — (1) ground man
3 man crew (2) tree climber — (1) ground man
$ t0 7q _ /hour
Other Crew c nfiguration. Please list.
/hour
4. Stump Grinding
Stump Grinding to Include All Stumps Regardless
of Diameter Per Scope of Services
�p
$ /inch
5. Fertilization and Pesticide Application
$ �o /inch
Fertilization — soil injection / foliar
$ v /sq.ft
's /gallon
/inch
Pesticide Application — soil injection / foliar
$/sq.ft
$ (gallon
6. Travel Charge
All vendor travel charges should be included in
per mile
hourly rates listed above. If they are not please list
travel charge per mile.
afteO'i� miles
7. Other Vendor Fees
Other Vendor Fees as Required. Please Describe.
$
City of Southlake - RFP1409B200TS140012 - Page 12 of 21
3. Term of Contract and Option to Extend
Any contract resulting from this RFP shall be effective for twelve months from date of award The
City anticipates that contract shall be renewed pursuant to the availability of funds and at the discretion
of the City. The following clauses shall be included in the contract:
A. Option Clause: It is agreed that City will have the option to extend the contract for up to four (4)
additional years, in one-year intervals. To exercise this option, the City shall serve notice 30 days
prior to contract termination or to the end of any one-year extension. The Option to Extend will not
be considered if funding is unavailable or if the contractor's past performance is not within the
industry standard.
B. Escalation Clause: Should market conditions prevail which dictate an increase, the successful
contractor may submit documentation requesting permission to increase pricing no later than 30
days after receiving notice from the City of its intent to extend the agreement. Escalation may only
occur at the time of renewal and only upon securing the approval of the City in writing. Requests
for price adjustments must be solely for the purpose of accommodating an increase in the
contractor's cost, not profits.
Vendors shall show in this quote their anticipated percent of escalation if/when the option to
extend is exercised. The percent quoted will be a maximum. In addition, the percentage proposed
will be a factor in determining the best value to the City. It is the average price over the period of
the contract that will be the price factor considered in the evaluation of this quote. Quotes in which
negative or no escalation is shown will be considered as 0% escalation.
C. Price Increases Upon Extension: If approved by the City, the Contractor shall modify the rates
charged by the Contractor to reflect any changes shown in the comparative statement delivered to
the City. The maximum increase allowed under this provision shall be four percent (4%) per year.
The City shall have authority, in its reasonable discretion, to determine the validity of any change
in Contractor's rates. City cannot exercise the Option to Extend with any price increases unless the
Vendor completes the section of the Quote requesting anticipated percentage of annual escalation.
FIRST ADDITIONAL YEAR (FY 2015-2016) ESCALATION ........................... 0 %
SECOND ADDITIONAL YEAR (FY 2016-2017) ESCALATION ................. 0
THIRD ADDITIONAL YEAR (FY 2017-2018) ESCALATION ......................... Q %
FOURTH ADDITIONAL YEAR (FY 2018-2019) ESCALATION............ .. Q
4. Proposer's Experience / Staff
A. Pro .ect Team: Identify all members of the Proposer's team (including both team members and
management) who will be providing any services proposed and include information which details
their experience.
B. Removal or Replacement of Staff: If an assigned staff person must be removed or replaced for any
reason, the replacement person must be approved by City prior to joining the project.
C. Business Establishment: State the number of years the Proposer's business has been established
and operating. If Proposer's business has changed names or if the principals operating the business
operate any similar businesses under different names, or have operated any other businesses or
changed the legal status or form of the business within the last five (5) years, all names, of
predecessor business names, affiliated entities, and previous business entities operated by the
principals, if different than present, must be provided;
City of Southlake - RFP14098200TS140012 - Page 13 of 21
5.
State the number of years experience the business has:
�^ _ ;and the number of employees:
D. Project Related Experience: All Proposals must include detailed information that details the
Proposer's experience and expertise in providing the requested services that demonstrates the
Proposer's ability to logically plan and complete the requested project.
References
Proposer shall provide four (4) references where Proposer has performed similar to or the same types
of services as described herein.
Reference # l :
Client / Company Name:
Contact Name. j' Contact Title:
Phone- Email:
0 O i f c{ 1 C a 5
Date and Scope of Work Provided: Tree,)UC_ rr.Tree- Temz,4r:1 I,
Reference #2:
Client / Company Name: �` 1
L _ <:, -rk
Contact Name: In i Ki e s �sr` Contact Title:c,r
A rjr,,,,L �% a
Phone: Email: lnf 2�S�s,a��+Ct sar�i.�cas
S 94o
Date and Scope of Work Provided: -rr,
�g�r�lFkt- S:nc.A.- 4l0,
Reference 43:
Client / Company Name: /q
Contact Name: 1 Contact Title:
Phone: Email:
;� 7 - !� (a>2 !� • � o i . Canes
date and Scope of Work Provided: —Tree yr��. ,.� rr�� remw ?, j'3uMP fj6nA ,3 ;,1; �•e ,1 pr �7.�z.�C�
R�— l v� r Cdnr< 1\j
Reference 44:
Client / Company Name:
Contact Name:
In ` r,'A
Phone:
Date and Scope of Work Provided:
Trt c- re v;a l ....n _ 3
TC S i rd Vi it e�E� JL��c• py3Tr)
Contact Title: f�J�^
!��wf Jrrfr�1
Email:
'Is-�.TT�f�aSalYtaCji/l�]f7��cl,y�j�Sc��l�.
'�-7-5�
City of Southlake - RFP1409B200TS140012 - Page 14 of 21
6.
7.
s.
Trade Secrets and/or Confidential Information
Trade Secrets and/or Confidential Information: This proposal _ (does) (does not) contain trade
secrets and/or confidential information. If applicable, describe such trade secrets and confidential
information, and the basis for your assertion that such material qualifies for legal protection from
disclosure.
Cooperative Governmental Purchasing Notice
Other governmental entities maintaining interlocal agreements with the City, may desire, but are not
obligated, to purchase goods and services defined in this RFB from the successful Bidder. All
purchases by governmental entities, other than the City, will be billed directly to and paid by that
governmental entity. The City will not be responsible for another governmental entity's debts. Each
governmental entity will place their own orders with the successful Bidder and be responsible for
ensuring full compliance with the RFB specifications. Prior to other governmental entities placing
orders, the City will notify the successful Bidder of their intent.
Please indicate below if you will permit other governmental entities to purchase from your agreement
with the City.
[ V] Yes, Others can purchase; [ ] No, Only the City can purchase.
Federal, State and/or Local Identification Information
A. Centralized Master Bidders List registration number:
B. Prime contractor HUB / MWBE registration number:
C. An individual Proposer acting as a sole proprietor must also enter the Proposer's Social Security
Number: ff - -
II. CONTRACT TERMS AND CONDITIONS. EXCEPT WHERE PROPOSER MAKES SPECIFIC
EXCEPTION IN THE SUBMITTED PROPOSAL, ANY CONTRACT RESULTING FROM THIS
RFP WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH PROPOSER
HEREBY ACKNOWLEDGES, AND TO WHICH PROPOSER AGREES BY SUBMITTING A
PROPOSAL:
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 Delivea or Performance: If Proposer fails to deliver acceptable goods or services within the
timeframes established in the Project Schedule, the City shall be authorized to purchase the goods
or services from another source and assess any increase in costs to the defaulting Proposer, who
agrees to pay such costs within ten days of invoice.
D. Title to Goods and Risk of Loss: For goods to be provided by Proposers hereunder, if any, the title
and risk of loss of the goods shall not pass to City until City actually receives, takes possession,
and accepts the goods and the installation of such goods, has tested the system, and determined that
it is in good and acceptable working order.
City of Southlake - RFP1409B200TS140012 - Page 15 of 21
2. Miscellaneous
A. Independent Contractor: Proposer agrees that Proposer and Proposer's employees and agents have
no employer -employee relationship with City. Proposer agrees that if Proposer is selected and
awarded a contract, City shall not be responsible for the Federal Insurance Contribution Act
(FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers
Compensation Insurance payments, or any other insurance payments, nor will City furnish any
medical or retirement benefits or any paid vacation or sick leave.
B. Assignments: The rights and duties awarded the successful Proposer shall not be assigned to
another without the written consent of the Purchasing Manager. Such consent shall not relieve the
assigner of liability in the event of default by the assignee.
C. Liens: Proposer shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, goods, and services which may be provided to the City by Proposer or
Proposer's vendor(s), and if the City requests, a proper release of all liens or satisfactory evidence
of freedom from liens shall be delivered to the City.
D. Gratuities I 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. Authori1y to Submit Proposal and Enter Contract: The person signing on behalf of Proposer
certifies that the signer has authority to submit the Proposal on behalf of the Proposer and to bind
the Proposer to any resulting contract.
H. Compliance with Applicable Law: Proposer agrees that the contract will be subject to, and
Proposer will strictly comply with, all applicable federal, state, and local laws, ordinances, rules,
and regulations.
3. Financial Responsibility Provisions
A. Insurance: The Proposer, consistent with its status as an independent contractor, shall carry, and
shall require any of its subcontractors to carry, at least the following insurance in such form, with
such companies, and in such amounts (unless otherwise specified) as City may require:
Worker's Compensation and Employer's Liability insurance, including All States
Endorsement, to the extent required by federal law and complying with the laws of the
State of Texas;
ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad
Form Property Damage, Personal Injury, Completed Operations/Products Liability,
Premises Liability, Medical Payments, Interest of Employees as additional insureds, and
Broad Form General Liability Endorsements, for at least One Million Dollars ($1,000,000)
Combined Single Limit Bodily Injury and Property Damage on an occurrence basis;
City of Southlake - RFP1409B200TS140012 - Page 16 of 21
iii. Comprehensive Automobile Liability insurance covering all owned, non -owned or hired
automobiles to be used by the Contractor, with coverage for at least One Million Dollars
($1,000,000) Combined Single Limit Bodily Injury and Property Damage.
B. Indemnification: Proposer agrees to defend, indemnify and hold harmless the City, all of its
officers, Council members, agents and employees from and against all claims, actions, suits,
demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees,
court costs and related expenses, arising out of, connected with, or resulting from any acts or
omissions of Proposer or any agent, employee, subcontractor, or supplier of ]Proposer in the
execution or performance of this contract without regard to whether such persons are under
the direction of City agents or employees.
City of Southlake - RFP 1409B200TS140012 - Page 17 of 21
Appendix C — Form CIQ
I.hFORMATIONREGARDING VENDOR CONFLICT OF INTEREST QCIE.STjOAfNAIRE
WHO: A person must file a conflict of interest quastionnaire With the City if the person has a
employment or business relationship with an officer of the City that results in taxable income
exceeding $2,500 during the preceding twelve month period, or all officer or a member of the
officer's family has accepted gifts with an aggregate value of more than S250 during the
previous twelve month period and the poison engages in any of the following actions:
I . contracts or socks to contact for the sale or pwc;hasc of property, goods, or services with
the City, including any of the following;:
a. written and implied coratm'ts, utility purchases. purchase orders, credit card
purchases wid any purchase of goods and services by the City;
b. contracts for the puuchase or We of real property, personal property including an
auction of property;
G. 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 andlor f-Tanornic dcweloprnent incentive that will result in a
contract with the City.
THE FOLLOWING ARF CONSWERF,II Ol+FICEMS dF THE CITY:
1. Mayor and City Council Members;
2. City Manager;
3. Board and Commission members appointed by the Mayor or City Council members;
4. Directors of 4A and 4B development corporations;
5. the executive; directors or managers of 4A and 4B development corporations; and
6_ Directors of the City of Southlake who have authority to sign contracts on behalf of the
City.
EXCLUSIONS. A questionnaire statement need not be filed if the money paid to a local
government officer was a political contribution, a gift to a member of the officer's family from a
family member; a contract or purchase of less than $2,500 or a transaction at a price and subject
�i':1SeiWiit eMiu,�ltnrnar�ic.;('[sap[cr 176.Attarcftme%i:lt}.0:609,4ix i'ngt i of3
City of Southlake - RFPI409B200'I'S140012 - Page I8 of 21
to terms available to the public; a payment for food, lodging, transportation or entertainment; or
a transaction subject to rate or fee regulation by a governmental entity or agency.
WHAT: A person or business, that contracts with the City or who seeks to contract with the City
must file a "conflict of interest questionnaire" (FORM CIQ) which is available online at
wvs�v_ethics.state.tx.us and a copy of which is attached to this Guideline. The forin contains
mandatory disclosures regarding "enplovrneat or business relationships" with a municipal
officer. Officials maybe asked to clarify or interpret various portions of the questionnaire -
WHEN: The person or business must file:
1. the questionnaire no later than seven days after the slate the person or business begins
contract discussions or negotiations with the municipality, or submits an application, responds to
a request far proposals or bids, correspondence, or other writing related to a patential contract or
agreement with the City; and.
? an updated questionnaire within seven clays 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. 'Me statute
requires a vendor to file a FORM C IQ 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 bylaw to post the staternen& on the
City's internet website.
ENFORCEMENT: Failure to file a questionnaire is a class c rnisdemmmor punishable by a fire
not to exceed $500. It is an exception to prosecution that the person files a FORM C'IQ not later
than seven business days after the person received notice of a violation.
MOTE: The City does not have a duty to ensure that a person files a conflict of interest
questionnaire.
W: St nthlab�VWi ethane rs f".hapt 176.Attt3chm4nt UOA926(WAV sac of 7
City of Southlake - RFP1409B200TS140012 - Page 19 of 21
EONFLICT OF INTEREST QUESTIONNAIREFORM C1Q
or vendor or other person dotng lwsiness with locai governrne-=j entity
This quesnonnWe reflects chsngas tripe au V* law by H3, 1491, With Lstl- ket aw bUSIQri QFRCE €tSEONLY
This questionnaee is being Tiled m accordance with Chapter 176. Loon Gaysrnrrrant Ctade ®asr acawraC
byapeiwiwhc,hasabus¢nessdeft-l4-[1bySeciion476Et 1;;-a}Hathalocal
goverhmenta? entity and the person t wets raquu-emerlts under Sedba 176 oRa)
gylaw this questionnaire mLlsltrefae3rnihfheremrc+sacmrntthe ratpraitite&xlgov tal
orrhty naf law Than e ith business day Aef the dale the Pert.berumesaw ssf?acts
that require the statamani to be ft d_ See Sec [on i moc)e, Load Govemtresl ad
A person ttrnrnps an ottense i the pers5n itrovnngiy miof3te, Section t !3C6. Local
Government Code _An a" ense undo this secfiart is a Class C ns:sdsmeanv.'
Name of petsLan wild has a hL[sinsss reiat,onsnigvd[h ioc&i goverrsrrwtti entity,
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11W3of3
City of Soathlake - RFP1409B200TS140012 - Page 20 of 21
401ALPINE
1900 Brumlow Avenue
Southlake, Texas 76092
817-656-8733 office — 817-421-6863 fax
info@alpinet-reeservice.com
Equipment List
uantit Item
5 Tree Service Chip Trucks (Forestry Bodies)
4 - 2013 Hino 338 w/Southco 1472, 20-cubic yard forestry body
1- 2013 Hino 338 Hook lift container truck with Swaploader SL-180 hoist and
Southco 1472, 20-cubic yard forestry body (removable) or roll -off containers
of 20 cubic yard capacity as needed
6 18" Capacity Bandit Wood Chippers (All chippers include rear mounted winches.)
• 3 - 2012 Bandit 1590XP,142 HP,18" diameter capacity
• 2 - 2013 Bandit 1590XP,142 HP,18" diameter capacity
• 1 - 2014 Bandit 1590XP,142 HP,18" diameter capacity (to be delivered by
12/31/14)
1 2006 Isuzu Spray Truck
1 - Multi -purpose 4-tank configuration
(1-400 gallon,1-300 gallon, 2-50 gallon capacity tanks}
1 Smith 210 CFM Industrial tow -behind air compressor
+ 2 Air Spades
2 Bandit Stump Grinders
• 1 - 2012 Bandit Stump Grinder 2450, 44.2 HP
• 1 - 2012 Bandit Stump Grinder 2250, 27 HP
1 Stump Grinding Truck
• 1- 2015 Ford F250 with Royal service body
1 Aerial Lift
• 1 - 2013 Platform Basket 18.90 (60' working height) all -terrain aerial lift
2 Trailer
• 1 - 2014 Diamond C18' tilt -deck, flatbed trailer for aerial lift
1 - 2011 Cargo Mate enclosed trailer for stump grinder
5 Arborists' Trucks
4 - 2010 Ford F150
• 1 - 2014 Ford F150
1 of 2
AL,PINE
1900 Brumlow Avenue
Southlake, Texas 76092
817-656-8733 office — 817-421-6863 fax
info@alpinetreeservice.com
Outline of Services, Experience and Staff'
Alpine Tree Service has been in business since 1996 and has maintained an excellent reputation by
providing our services with the highest regard to quality, safety, and overall professionalism.
Alpine Tree Service provides professional services of tree pruning, tree removal, brush chipping,
stump grinding, consultation, fertilization, insect control and disease control. We also offer root flare
excavation and aeration by means of an Air Spade tool and operator. If needed, we own an all -
terrain, 60' working height aerial lift to assist in the occasional dead tree too hazardous to climb, or
positioned in a way where the lift is the safer, more efficient method.
We employ 5 ISA Certified Arborists/Estimators, three of which are also TDA Licensed Pesticide
Applicators:
Derek Neubauer (owner),19 years with Alpine Tree Service, Certified Arborist TX 1273A since 2001
Jeremy Patterson, 14 years with Alpine Tree Service, Certified Arborist TX 3228A since 2003
Cory Herpel (BS Environmental Conservation, MS Horticulture), 4.5 years with Alpine Tree Service,
Certified Arborist TX 3753A since 2010
Wesley Rivers (BS Urban Forestry), approx. 3 months with Alpine Tree Service, Certified Arborist TX
3642A since 2009
Kenneth Shook, approx. 1.5 years with Alpine Tree Service, Certified Arborist NE 0330A since 1999
Each Arborist has maintained their CEU's as required and attended many additional
training/educational opportunities beyond what is required by ISA.
We employee 5 crew leaders varying in tenure from a minimum of 5 years, to our most senior crew
leader of 16 years. Each of these crew leaders have participated in numerous hours of classroom and
field training and adhere strictly to ANSI A300 and ANSI Z133.1 Standards. We also employ 10 other
crew members, whom operate as climbers and groundsmen as scope of work requires. Our service
employees are thoroughly trained in these areas and consistently adhere to the aforementioned
textbook standards. We have 1 Office Manager and 1 Administrative Assistant handling the
administration in our office. Our, trucks, chippers and equipment are all purchased new, kept clean
and well maintained at all times. Our field service employees are uniformed and wear ANSI Class 2
traffic safety vests at all times. Every company vehicle we own has a GPS tracking system installed
with verifiable updates of whereabouts every 2 minutes. These trip reports are archived within the
software database and can be made available days, weeks, or even months later if required.
2of2
TEXAS DEPARTMENT OF AGRICULTURE
TODD STAPLES, COMMISSIONER
P. O. BOX 12847 AUSTIN, TX 78711-2847
(877) LIC-AGRI (877-542-2474)
For the hearing impaired: (800) 735-2989 TDD (800) 735-2988 VOICE
www.tda. state. tx. us
NURSERY/FLORAL CERTIFICATE OF REGISTRATION
This is to certify that the person listed below is licensed to sell nursery/floral products at the indicated
location in accordance with Texas Agriculture Code Chapter 71.
ALPINE TREE SERVICE
1900 BRUMLOW AVE
SOUTNLAKE TX 76092
CERTIFICATE NO: 0609118
Effective Date: September 30, 2014
Client Name: ALPINE TREE SERVICE INC
TDA Client No: 00355492
CERTIFICATE TYPE: NURSERY FLORAL CLASS 1
Expiration Date: September 30.2015
OF
TExAs'�
TEXAS DEPARTMENT OF AGRICULTURE F�1yi OF9C�rn
TODD STAPLES, COMMISSIONER a .
P. O. BOX 12847 AUSTIN, TX 78711-2847 ;, c
(877) LIC-AGRI (877-542-2474)r�Xas`��
For the hearing impaired: (800) 735-2989 TDD (800) 735-2988 VOICE
wvvw.tda.state.tx. us
COMMERCIAL PESTICIDE APPLICATOR ]LICENSE
This is to certify that the person whose name appears below has met
the requirements of Texas Agriculture Code Chapter 76, relating to
application of restricted -use or state -limited -use pesticides or
regulated herbicides. This license is issued for purchase ar:d
application of restricted -use or state -limited -use pesticides or
regulated herbicides to be used according to label direaticris consistent
with the use categories listed below.
KENNETH SHOOK
4204 LITTLE BEND COURT
KELLER TX 76244
TDA Client No. 00522693
TDA License No. 0682876
Effective Date: October 31, 2014
Expiration Date: October 31, 2015
CATEGORIES:
3A
TEXAS DEPARTMENT OF AGRICULTURE°FAep
TODD STAPLES, COMMISSIONER
P. 0, BOX 12847 AUSTIN, TX 78711-2847�C
(877) LIC-AGRI (877-542-2474) p•r'�s��
For the hearing impaired; (800) 735-2989 TDD (800) 735-2988 VOICE
wvw, td a . state. tX. u s
COMMERCIAL PESTICIDE APPLICATOR LICENSE
This is to certify that the person whose name appears below has met
the requirements of Texas Agriculture Code Chapter 76, relating to
application of restricted -use or state -limited -use pesticides or
regulated herbicides. This license is issued for purchase and
application of restricted -use or state -limited -use pesticides or
regulated herbicides to be used according to label directions consistent
with the use categories listed below.
CORY HERPEL
1900 SRUMLOW AVE
SOUTHLAKE TX 76092
TDA Client No. 00335532
TDA License No. 0606665
Effective Date: August 31, 2014
Expiration Date: August 31, 2015
CATEGORIES:
3A
ALPIN-3 OP ID: E4
'`'`11- " CERTIFICATE OF LIABILITY INSURANCE
DATE 107/2014Y,
11/071201a
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must he endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER Phone: 817-420-5700
Frost Insurance - Fort Worth
P.O. Box 33528 Fax: 817-42"750
Ft. Worth, s 75162
Jim Dickenson
rANM'ACT Jasmine Chinea
M o ext .817-420-5700 (FAA/c No): 817-420-5760
ADDResS: jchinea@_frostinsurance.com
�
INSURER($) AFFORDING COVERAGE
NAIC #
INSURED Alpine Tree Service, Inc.
Alpine Materials, LLC
INSURER A: Hartford Casualty Insurance
INSURER B: Service Lloyds
29424
INSURERC:
P O Box 94403
Southlake, TX 76092
INSURER 0:
INSURER E :
INSURER F :
L�1�1'a W 11
A F Wr J"W"U.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
Df1L
U
POLICY NUMBER
POLICYEFF
MMIDOIYYYY
POLICY EXP
MM1DD
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE 111 OCCUR
UUNQY8922
, 0512712014
06/27/2016
EACH OCCURRENCE
S 1,000,00
PREMISES Ea NT rD
$ 300,00
MED EXP (Any one person)
$ 5,00
PERSONAL & ADV INJURY
S 1,000,00
GENERAL AGGREGATE
$ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRC- 171 LOC
PRODUCTS -COMPIOPAGG
S 2.000,00
$
A
AUTOMOBILE
X
LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
I
46UUNQY8922
05/27/2014
05/27/2015
C (HeMBINED Sen_INGLE LSMIT
1,000,00
BODILLYYINJURY(Per persan)
S
BODILY INJURY {Per accident)
$
HIREDAUTOS NON -OWNED
AUTOS
PROPERTY DAMAGE
Per accident
$
$
A
X
UMBRELLA LIAB
excEss LLAB
X
OCCUR
CLAIMS -MADE
46HHUQY8923
05/27/2014
06/27/2015
EACH OCCURRENCE
$ 1,000,00
AGGREGATE
$ 1,000,00
DED X I RETENTION $ 10,000
S
1
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVEYIN
OFFICERIMEMBER EXCLUDED?
NIA
SRZC2179414
05/2712014
OS/2712015
WC STATU- OTH-
X T RY LIMITS ER
EL EACH ACCIDENT
$ 1,000,00
E.L. DISEASE - EA EMPLOYE
5 1,000,00
(Mandatory in NH)
If yes, descnbe under
E,LDISEASE-POLICY LIMIT
$ 1,000,00
OPERATIONS balm
jDESCRIPTICNOF
I
DESCRIPTION OF OPERATION$ I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, tr more space is required)
The general liability and auto liability policies include blanket additional
insured endorsements that provide additional insured status only when there
is a written contract that requires such status.
CISOL-3
City of Southlake
1400 Main Street
Southlake, TX 76092
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ZF
V 1 y15?5-2010 ACORD CORPORATION. All rights reserved.
ACORD 26 (2010/06) The ACORD name and logo are registered marks of ACORD
January 8, 2015
Shawnee Mission Tree Service, Inc. dba Arbor Masters Tree Service
1201 Minters Chapel Road # 304
Grapevine, Texas 76051
Attn: Mr. Jay Hager
Subject: Award of Contract for Tree Services for City of Southlake RFP1409B200TS140012
Dear Mr. Hager:
The City of Southlake is pleased to inform you that Shawnee Mission Tree Service, Inc. dba Arbor Masters Tree Service of
Grapevine, Texas is the Secondary awarded vendor for "Provide Tree Services RFP1409B200TS140012" with arborist. The
award and this agreement are based on your proposal submission, copy enclosed. This is a multiple vendor award contract.
Your company's is the Secondary vendor with Arborist for this contract. This award was approved by the City of Southlake City
Council on
The terms and conditions proposed and accepted in this agreement are as follows:
Line Items Awarded All items Secondary Vendor with Arborist per department needs.
Payment Terms: Net 30 days (Unless otherwise noted — such as pre- and/or partial payment)
Estimated Quantities: The City does not guarantee to purchase any minimum or maximum quantity but does contemplate
purchasing the awarded items exclusively during the term of the contract from the successful
vendors.
Method of Payment: Shall be made by City procurement card or purchase order
Delivery Terms: FOB Destination
Delivery Locations: Vendor Delivery or City employee pick-up.
Term of Contract: The term of awarded contract shall remain in effect for twelve months from date of initial City Council
approval and is eligible for up to four (4) one (1) year annual renewals.
City Contact: Tim Slifka 817-748-8312
Send all billing to: City of Southlake
1400 Main Street, Suite 440, Accounts Payable
Southlake, TX 76092 or via email to accountspayable(a).ci.southlake.tx.us
Other Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal, state, and
local sales taxes.
All other specifications, terms and conditions shall be as provided in the original procurement documents. No other attachments
to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized
representative of the City of Southlake.
Thank you for participating in our procurement process. Please call 817-748-8312 with any questions
Sincerely,
Tim Slifka, CPPO, CPPB
Purchasing Manager
City of Southlake
1400 Main Street, Suite 440
Southlake, Texas 76092
tslifkaaci.southlake.tx.us
W.MWIVArZ, 1.
Contract and Award Accepted:
Signed:
Mayor John Terrell
City of Southlake
Attest:
Lori Payne, TRMC
City Secretary
Date: Approved as to Form and Legality:
City Attorney
Appendix B — Proposal
Submittal Checklist: (To determine validity of proposal)
Appendix B (pages _9—through _20) must he included in the proposal submittal
Appendix C Conflict of Interest Form (page _20_) must be included in the proposal submittal.
Vendor Vehicle and Equipment List
Arborist Certification Information
� =M
RFP Number:
RFP1409B200TS140012
Project Title:
PROVIDE TREE SERVICES
Submittal
Deadline:
3:00 P.M. (CST), FRIDAY NOVEMBER 14, 2014
Submit electronically* to: www.securebidusa.com
* Requires email. account login and password.
Proposer Information:
Pro oser's Le al Name:
Shawnee Mission Tree Service, Inc. DBA/ Arbor Masters Tree Service
Address:
1201 Minters Chapei Road #304
City, State & Zip
Grapevine, TX 76051
Federal Employers
Identification Number #
48-0833928
Phone Number:'
682-223-1796 FaxNumbe) 682-223-1657
E-Mail Address:
ihager@arbormasters 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: '11q-j
Signature of Authorized Representative:
Signed this - % (day) of /00,1 : O'L (month), Z_(year)
I learned of this Request for Proposals by the following means:
❑ Newspaper Advertisement
South take Website
❑ Mailed Me a Copy
❑ Secu,-,Bid
❑ City E-mail Notification
❑ Cold Call to City
Other
City of Southtake - RFPI409B200TS140012 Page 9 of 21
Appendix B — Proposal (continue([)
1. REQUIRED PROPOSAL INFORMATION. IN ORDER FOR A PROPOSAL TO BE
CONSIDERED COMPLETE, AND TO BE EVALUATED FOR A CONTRACT AWARD BY THE
CITY, PROPOSER MUST SUBMIT ALL OF THE FOLLOWING INFORMATION.
1. Proposed Products and/or Services
A. Product or Service Description: Proposers should utilize this section to describe the technical
aspects, capabilities, features and options of the product and/or service proposed in accordance
with the required Scope of Services as identified in Appendix A. Promotional literature,
brochures, or other technical information may be used.
B. Additional Hardware Descriptions: Proposers should also include in this section a detailed
description of what additional hardware and/or software, if any, would be required by the City in
order to fully utilize the goods and/or services proposed.
C. Guarantees and Warranties: Each Proposer shall submit a complete copy of any warranties or
guarantees provided by the manufacturer or Proposer with the Proposal submitted.
D. Project Schedule/DeIivery 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_ Pri_ cin—: Pricing shall reflect the full Scope of Services defined herein, inclusive of all associated
cost for delivery, Iabor, 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:
Description of Products/Services . Rate
SERVICES WITH CERTIFIED ARBORIST ON STAFF
1.
Pruning Services
Tree Pruning Services with a Two (2) Man Crew
and Equipment er Scope of Services
$ 195.00 /hour
Tree Pruning Services with a Three (3) Man Crew
and Equipment er Scope of Services
$ /hour
Tree Pruning Services with a Four (4) Man Crew
and Equipment er Scope of Services
$ 285.00 /hour
2.
RiZht-of-Way Clearance
Roadway Right of Way Clearing Per Scope of
Services
S 60.00 man/hour
3.
Tree Removal Services
2 man crew (1) tree climber — (1) ground Haan
$ 185.00 /hour
3 man crew (2) tree climber (1) ground man
$ /hour
Other Crew configuration. Please list.
$ /hour
City of Southlake - RFP1409B200TS140012 - Page 10 of 21
4.
Stump Grinding
5.
Stump Grinding to Include All Stumps Regardless
of Diameter Per Scope of Services
Certified Arborist
$ 500 /inch
Cost per hour for Certified Arborist to perform or
supervise work as required or requested per Scope
of Services
$ 75.00 per hr.
6.
Fertilization and Pesticide Application
Fertilization — soil injection / foliar
$ 1 n aC /inch
$ 2s a ,`/sq.ft
Pesticide Application — soil injection / foliar
$ 10.00 /inch
$ 23.00 /sq.ft
$ 125 /gallon
7.
Travel Charge
All vendor travel charges should be included in
hourly rates Iisted above. If they are not please list
travel charge per mile.
$ 0,00 per mile
after o.00 miles
8.
Other Vendor Fees
Other Vendor Fees as Required. Please Describe.
Knuckleboom for debris removal with operator
$
fnr large qVinnflUes of riahric nr loos IarBer than
$ 1R'S 00 hnifr
,1,5"
_
Extra ground man or flagger
$ 60.00
$
$
City of Soutblake - RM40913200TS140012 - Page I I of 21
Item 4 : ... Dewri tion of Products/Services Rate
SERVICES WITHOUT CERTIFIED ARBORIST ON STAFF
1.
Prunine Services
Tree Pruning Services with a Two (2) —Man Crew
and Equipment er Scope of Services
$ 195.00 /hour
Tree Pruning Services with a Three (3) Man Crew
and Equipment er Scope of Services
$ 235.00 /hour
Tree Pruning Services with a Four (4) Man Crew
and Equipment er Scope of Services
$ 285.00 /hour
2.
Ri h -of-Way Clearance
Roadway Right of Way Clearing Per Scope of
Services
$ 60.00 man/hour
3.
Tree Removal Services
2 man crew (1) tree climber — (1) ground man
$ hour
3 man crew (2) tree climber— (1) ground man
$ 225.00 /hour
Other Crew configuration. Please list.
$ /hour
4.
Stump Grinding
Stump Grinding to Include All Stumps Regardless
of Diameter Per Scope of Services
$ 5.00 /inch
5.
Fertilization and Pesticide Application
Fertilization— soil injection / foliar
$ 10.00 /inch
$_ 3,�/sq.ft
$—Lz5--/gallon
Pesticide Application— soil injection / foliar
$ 10.00 /inch
Q$++ 23.00 /sq.ft
.D 17.Fi /gallon
6.
Travel Charge
All vendor travel charges should be included in
hourly rates listed above. If they are not please list
travel charge per mile.
$ 0.00 per mile
after n nn miles
7.
Other Vendor Fees
Other Vendor Fees as Required. Please Describe.
Knuckleboom for debris removal with o erator
$
for large quantiiies of debris or logs larger than 15"
$ 185,00
S
_Extra ground man or flagger
$ 60_DO
_
$
$
City of Southlake - RFP1409B200TS140012 - Page 12 of 21
3. Term of Contract and Option to Extend
Any contract resulting from this RFP shall be effective for twelve months from date of award. The
City anticipates that contract shall be renewed pursuant to the availability of funds and at the discretion
of the City. The following clauses shall be included in the contract:
A. Option Clause: It is agreed that City will have the option to extend the contract for up to four (4)
additional years, in one-year intervals_ To exercise this option, the City shall serve notice 30 days
prior to contract termination or to the end of any one-year extension. The Option to Extend will not
be considered if funding is unavailable or if the contractor's past performance is not within the
industry standard-
B. Escalation Clause: Should market conditions prevail which dictate an increase, the successful
contractor may submit documentation requesting permission to increase pricing no later than 30
days after receiving notice from the City of its intent to extend the agreement. Escalation may only
occur at the time of renewal and only upon securing the approval of the City in writing. Requests
for price adjustments must be solely for the purpose of accommodating an increase in the
contractor's cost, not profits.
Vendors shall show in this quote their anticipated percent of escalation if/when the option to
extend is exercised, The percent quoted will be a maximum. In addition, the percentage proposed
will be a factor in determining the best value to the City. It is the average price over the period of
the contract that will be the price factor considered in the evaluation of this quote. Quotes in which
negative or no escalation is shown will be considered as 0% escalation.
C. Price Increases Upon Extension: If approved by the City, the Contractor shall modify the rates
charged by the Contractor to reflect any changes shown in the comparative statement delivered to
the City. The maximum increase allowed under this provision shall be four percent (4%) per year.
The City shall have authority, in its reasonable discretion, to determine the validity of any change
in Contractor's rates. City cannot exercise the Option to Extend with any price increases unless the
Vendor completes the section of the Quote requesting anticipated percentage of annual escalation.
FIRST ADDITIONAL YEAR (FY 2015-2016) ESCALATION ........................... 0%
SECOND ADDITIONAL YEAR (FY 2016-2017) ESCALATION ................. %
THIRD ADDITIONAL YEAR (FY 2017-2018) ESCALATION ......................... �%
FOURTH ADDITIONAL YEAR (FY 2018-2019) ESCALATION ...................... o `V.
4. Proposer's Experience / Staff
A. Project Team: Identify all members of the Proposer's team (including both team members and
management) who will be providing any services proposed and include information which details
their experience.
B. Removal or Replacement of Staff. If an assigned staff person must be removed or replaced for any
reason, the replacement person must be approved by City prior to joining the project.
C. Business Establishment: State the number of years the Proposer's business has been established
and operating. If Proposer's business has changed names or if the principals operating the business
operate any similar businesses under different names, or have operated any other businesses or
changed the legal status or form of the business within the last five (5) years, all names, of
predecessor business names, affiliated entities, and previous business entities operated by the
principals, if different than present, must be provided;
City of Southlake - RFP1409B200TS140012 Page 13 of 21
State the number of years experience the business has:_; and the number of employees:
180
D. Project Related Experience: All Proposals must include detailed information that details the
Proposer's experience and expertise in providing the requested services that demonstrates the
Proposer's ability to logically plan and complete the requested project.
5. References
Proposer shall provide four (4) references where Proposer has performed similar to or the same types
of services as described herein.
Reference #1:
Client / Company Name:
See attached list
Contact Name:
Contact Title:
Phone:
Email:
Date and Scope of Work Provided:
Reference 42:
Client / Company Name:
Contact Name:
Contact Title:
Phone:
Email:
Date and Scope of Work Provided:
Reference #3:
Client / Company Name:
Contact Name:
Contact Title:
Phone:
Email:
Date and Scope of Work Provided:
Reference #4-
Client / Company Name:
Contact Name:
Contact Title:
Phone:
Email:
Date and Scope of Work Provided:
City of Southlake - RFP1409B200TS140012 - Page 14 of21
6. Trade Secrets and/or Confidential Information
Trade Secrets and/or Confidential Information: This proposal _ (does) _x (does not) contain trade
secrets and/or confidential information. If applicable, describe such trade secrets and confidential
information, and the basis for your assertion that such material qualifies for legal protection from
disclosure.
7. Cooperative Governmental Purchasing Notice
Other governmental entities maintaining interlocal agreements with the City, may desire, but are not
obligated, to purchase goods and services defined in this RFB from the successful Bidder. All
purchases by governmental entities, other than the City, will be billed directly to and paid by that
governmental entity. The City will not be responsible for another governmental entity's debts. Each
governmental entity will place their own orders with the successful Bidder and be responsible for
ensuring full compliance with the RFB specifications. Prior to other governmental entities placing
orders, the City will notify the successful Bidder of their intent.
Please indicate below if you will permit other governmental entities to purchase from your agreement
with the City.
[ x] Yes, Others can purchase; [ ] No, Only the City can purchase.
8. Federal, State and/or Local Identification Information
A. Centralized Master Bidders List registration number:
B. Prime contractor HUB / MWBE registration number:
C. An individual Proposer acting as a sole proprietor must also enter the Proposer's Social Security
Number: # - -
H. CONTRACT TERMS AND CONDITIONS. EXCEPT WHERE PROPOSER MAKES SPECIFIC
EXCEPTION IN THE SUBMITTED PROPOSAL, ANY CONTRACT RESULTING FROM THIS
RFP WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH PROPOSER
HEREBY ACKNOWLEDGES, AND TO WHICH PROPOSER AGREES BY SUBMITTING A
PROPOSAL:
Delivery of Products and/or Services
A. Payment Terms: Unless otherwise specified in the Scope of Services or otherwise agreed to in
writing by the City, payment terms for the City are Net 30 days upon receipt of invoice.
B. Warranty of Products and Services: All products furnished under this contract shall be warranted to
be merchantable and good quality and fit for the purposes intended as described in this Proposal, to
the satisfaction of City and in accordance with the specifications, terms, and conditions of the
Scope of Services, and all services performed shall be warranted to be of a good and workmanlike
quality, in addition to, and not in lieu of, any other express written warranties provided.
C. Late Delivery or Performance: If Proposer fails to deliver acceptable goods or services within the
timeframes established in the Project Schedule, the City shall be authorized to purchase the goods
or services from another source and assess any increase in costs to the defaulting Proposer, who
agrees to pay such costs within ten days of invoice.
D. Title to Goods and Risk of Loss: For goods to be provided by Proposers hereunder, if any, the title
and risk of loss of the goods shall not pass to City until City actually receives, takes possession,
and accepts the goods and the installation of such goods, has tested the system, and determined that
it is in good and acceptable working order.
City of Southlake - RFP1409B200TS140012 - Page 15 of 21
2. Miscellaneous
A. Independent Contractor: Proposer agrees that Proposer and Proposer's employees and agents have
no employer -employee relationship with City. Proposer agrees that if Proposer is selected and
awarded a contract, City shall not be responsible for the Federal Insurance Contribution Act
(FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers
Compensation Insurance payments, or any other insurance payments, nor will City furnish any
medical or retirement benefits or any paid vacation or sick leave.
B. Assignments: The rights and duties awarded the successful Proposer shall not be assigned to
another without the written consent of the Purchasing Manager. Such consent shall not relieve the
assigner of liability in the event of default by the assignee-
C. Liens: Proposer shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, goods, and services which may be provided to the City by Proposer or
Proposer's vendor(s), and if the City requests, a proper release of all liens or satisfactory evidence
of freedom from liens shall be delivered to the City.
D. Gratuities / Bribes: Proposer certifies that no bribes in the form of entertainment, gifts, or
otherwise, were offered or given by the successful Proposer, or its agent or representative, to any
City officer, employee or elected representative, with respect to this RFP or any contract with the
City, and that if any such bribe is found to have been made this shall be grounds for voiding of the
contract
E. Financial Participation: Proposer certifies that it has not received compensation from the City to
participate in preparing the specifications or RFP on which the Proposal is based and
acknowledges that this contract may be terminated and/or payment withheld if this certification is
inaccurate.
F. Required Licenses: Proposer certifies that he holds all licenses required by the State of Texas for a
provider of the goods and/or services described by the Scope of Services herein.
G. Authority to Submit Proposal and Enter Contract: The person signing on behalf of Proposer
certifies that the signer has authority to submit the Proposal on behalf of the Proposer and to bind
the Proposer to any resulting contract.
H. Compliance with Applicable Law: Proposer agrees that the contract will be subject to, and
Proposer will strictly comply with, all applicable federal, state, and local laws, ordinances, rules,
and regulations.
3. Financial Responsibility Provisions
A. Insurance: The Proposer, consistent with its status as an independent contractor, shall carry, and
shall require any of its subcontractors to carry, at least the following insurance in such form, with
such companies, and in such amounts (unless otherwise specified) as City may require:
Worker's Compensation and Employer's Liability insurance, including All States
Endorsement, to the extent required by federal law and complying with the laws of the
State of Texas;
ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad
Form Property Damage, Personal Injury, Completed Operations/Products Liability,
Premises Liability, Medical Payments, Interest of Employees as additional insureds, and
Broad Form General Liability Endorsements, for at least One Million Dollars ($1,000,000)
Combined Single Limit Bodily Injury and Property Damage on an occurrence basis;
City of Southlake - RFP1409B200TS140012 - Page 16 of 21
iii. Comprehensive Automobile Liability insurance covering all owned, non -owned or hired
automobiles to be used by the Contractor, with coverage for at least One Million Dollars
(S 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 - RFP1404B200TS140012 Page 17 of 21
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other pomon doing ausiness with !oca1 Governmentai entity
rf is qumbonnatre rt%Ctc Zisnpes tnadoa to tthe Ia" by KN 14,91. abth Leg., Register 5raaian.
OFFJCE USE ONLY
This q resiiars.: rife s being filed in ei=rdanre with Chaptu 176, Locai Government Code
by a )arson who has a eueiness retatiunshr p as deft-)O by Section 176_0010 -a) with a local
gor�mmerlta!entitjr tlt6person ttFeatS ri3QiftlRmeFh;S Lander Seclton 176 vDa(a}.
Ryf4wthisqusbannaiwi 11betier€-*I the records administrator of the bcaigarermnental
entity not 6W ihanthe 71h businessday afiet she daiet}le parson betornae aware g€ fates
Thai rilquito the statement to be filed. See Socnon tTB.MG,1 oca) Government Cods.
A Mmon commis on nffmnse it the pamp knowm* viatales SecUxt 176,0D6, Local
Gcvenmerii. Cods. An, ffense undatthis secmi fs s ClassC misderrearior.
1 Natne,0fpraaaft who has a tausiness ralidomrop wills local povemmensis emity.
Shawnee Mission Tree Service, Inc. QBAI Arbor Masters Tree Service
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City of Southlake - RFP1404B200TS140012 - Page 20 of21
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ADDENDLI-NI NUMBER 4 1
To. All Proposers
Date; October 30, 2014
Request for Proposal. RVPt409HZ09TS140012 Provide Tree Services for City of Southlake
Proposal Due Date. 3;00 p.m, Friday November 14,2014
1. Addendurn LNq. I, dated October 30,2014, per Addendiiin 41, the City of Southlake is answering vendor
submitted questions.
QUESTiON1 Must the primary contractor have an amorist on staff, or are subcontractors with an arhoriqf
permitted?
ANSWER- for award of ilie Primary or Secondary contract for "With Arborist" awarded vendor must have
an arborist on their immediate staff at all times during the contract Period- Subcontractor
arborkt will trot be allowed for "Witt) Arborist" portion ofaward.
2, There are no other chant
ChiCf FiflanCiill (Officer
City, Of gouthlakc
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.
Arbor N
Tree Servi
Equipment Name
Bucket Chipper Combo
Bucket Chipper Combo
Bucket Chipper Combo
Bucket Chipper Combo
Bucket Chipper Combo
Brush Chipper
Brush Chipper
Brush Chipper
Brush Chipper
Knuckleboom
Knuckleboom
Knuckleboom
Knuckleboom
Year
2012
2013
2005
2004
2005
2008
2006
2007
2010
2012
2005
2004
2005
MFG
Cap/Height
Owned or Leased
Freighliner
55' WH
Owned
Freighliner
55' WH
Owned
GMC
72" WH
Owned
GMC
72" WH
Owned
Ford
55' WH
Owned
Vermeer
15"
Owned
Bandit
15"
Owned
Vermeer
10"
Owned
Vermeer
15"
Owned
Freighliner
61 CY
Owned
Sterling
58 CY
Owned
Western Star
58 CY
Owned
International
55 CY
Owned
January 8, 2015
The Paysage Group LLC dba Smith Lawn and Tree
3200 Handley Ederville Rd.
Richland Hills, Texas 76118
Attn: Mr. Russell Simpler
Subject: Award of Contract for Tree Services for City of Southlake RFP1409B200TS140012
Dear Mr. Simpler:
The City of Southlake is pleased to inform you that The Paysage Group LLC dba Smith Lawn and Tree of Richland Hills, Texas
is the Secondary awarded vendor for "Provide Tree Services RFP1409B200TS140012" without arborist. The award and this
agreement are based on your proposal submission, copy enclosed. This is a multiple vendor award contract. Your company's is
the Secondary vendor for this contract. This award was approved by the City of Southlake City Council on
The terms and conditions proposed and accepted in this agreement are as follows:
Line Items Awarded All items Secondary Vendor without Arborist per department needs.
Payment Terms: Net 30 days (Unless otherwise noted — such as pre- and/or partial payment)
Estimated Quantities: The City does not guarantee to purchase any minimum or maximum quantity but does contemplate
purchasing the awarded items exclusively during the term of the contract from the successful
vendors.
Method of Payment: Shall be made by City procurement card or purchase order
Delivery Terms: FOB Destination
Delivery Locations: Vendor Delivery or City employee pick-up.
Term of Contract: The term of awarded contract shall remain in effect for twelve months from date of initial City Council
approval and is eligible for up to four (4) one (1) year annual renewals.
City Contact: Tim Slifka 817-748-8312
Send all billing to: City of Southlake
1400 Main Street, Suite 440, Accounts Payable
Southlake, TX 76092 or via email to accountspayableaci.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 Manager
City of Southlake
1400 Main Street, Suite 440
Southlake, Texas 76092
tslifkaaci.southlake.tx.us
Fax: 817-748-8048
Contract and Award Accepted:
Signed:
Mayor John Terrell
City of Southlake
Attest:
Lori Payne, TRMC
City Secretary
Date: Approved as to Form and Legality:
City Attorney
Appendix B -- Proposal
Submittal Checklist: (To determine validity of proposal)
Appendix B (pages _9_ through _20, must be included in the proposal submittal
Appendix C Conflict of Interest Form (page 20, must be included in the proposal submittal.
Vendor Vehicle and Equipment List
Arborist Certification Information
l,mber I RFP1409B200TS140012
I. learned of this Request for Proposals by the following means:
❑
Newspaper Advertisement
❑
Southlake Website
❑
Mailed Me a Copy
❑
SecureBid
® City E-mail Notification
❑ Cold Call to City
❑ Other
City of Southlake - RFP1409B200TS140012 - Page 9 of 21
Appendix B — Proposal (continued)
1. REQUIRED PROPOSAL INFORMATION. IN ORDER FOR A PROPOSAL TO BE
CONSIDERED COMPLETE, AND TO BE EVALUATED FOR A CONTRACT AWARD BY THE
CITY, PROPOSER MUST SUBMIT ALL OF THE FOLLOWING INFORMATION:
1. Proposed Products and/or Services
A. Product or Service Description: Proposers should utilize this section to describe the technical
aspects, capabilities, features and options of the product and/or service proposed in accordance
with the required Scope of Services as identified in Appendix A. Promotional literature,
brochures, or other technical information may be used.
B. Additional Hardware Descriptions: Proposers should also include in this section a detailed
description of what additional hardware and/or software, if any, would be required by the City in
order to fully utilize the goods and/or services proposed.
C. Guarantees and Warranties: Each Proposer shall submit a complete copy of any warranties or
guarantees provided by the manufacturer or Proposer with the Proposal submitted.
D. Project Schedule/Delivery Date: Proposer must provide a project schedule noting all projected
completion dates for segments of the Project, from start-up to completion, and all delivery dates for
goods covered by the RFP. The Proposal must show the number of days required to deliver and
install the product or equipment after the receipt of the City's Purchase Order.
2. Cost of Proposed Products and/or Services
A. Pricing: cing: Pricing shall reflect the full Scope of Services defined herein, inclusive of all associated
cost for delivery, labor, insurance, taxes, overhead, and profit.
B. Schedule of Pricing: Proposer shall quote unit pricing in accordance with the itemized listing of
products or contract segments stated in the Scope of Services and using the following format:
SERVICES WITH CERTIFIED ARBORIST ON
STAFF
1.
Pruning Services
Tree Pruning Services with a Two (2) Man Crew
and Equipment er Scope of Services
$ /hour
Tree Pruning Services with a Three (3) Matz Crew
and Equipment er Scope of Services
$ /hour
Tree Pruning Services with a Four (4) Man Crew
and Equipment er Scope of Services
$ /hour
2.
Right-of-WayClearance
Roadway Right of Way Clearing Per Scope of
Services
$ man/hour
3.
Tree Removal Services
2 man crew (1) tree climber — (1) ground man
$ Ihour
3 man crew (2) tree climber — (1) ground man
$ /hour
Other Crew configuration. Please list.
$ /hour
City of Southlake - RFP1409B200TS140012 - Page 10 of 21
4.
Stum Grinding
Stump Grinding to Include All Stumps Regardless
of Diameter Per Scope of Services
$ /inch
S.
Certified Arborist
Cost per hour for Certified Arborist to perform or
supervise work as required or requested per Scope
of Services
$ per hr.
6.
Fertilization and Pesticide Application
Fertilization — soil injection / foliar
$ /inch
$ /sq.ft
$ /gallon
Pesticide Application— soil injection / foliar
$ /inch
$ /sq.ft
$ /gallon
7.
Travel Charge
All vendor travel charges should be included in
hourly rates listed above. If they are not please list
travel charge per mile.
$ per mile
after miles
S.
Other Vendor Fees
Other Vendor Fees as Required. Please Describe.
City of Southiake - RFP1409B200TS140012 - Page 11 of 21
��
SERVICES WITHOUT CERTIFIED ARBORIST ON STAFF
1.
Pruning Services
Tree Pruning Services with a Two (2) Man Crew
and Equipment er Scope of Services
$ 125 /hour
Tree Pruning Services with a Three (3) Man Crew
and Equipment er Scope of Services
$ 165 /hour
Tree Pruning Services with a Four (4) Man Crew
and Equipment er Scope of Services
$ 95 /hour
2.
Right -of -Way Clearance
Roadway Right of Way Clearing Per Scope of
Services
$ 65 man/hour
3.
Tree Removal Services
2 man crew (1) tree climber — (1) ground man
$ 125 /hour
3 man crew (2) tree climber — (1) ground man
$ 165 /hour
Other Crew configuration. Please list.
2 climbers, 2 groundsmen
$ 2no Ihour
4.
Stump Grinding
Stump Grinding to Include All Stumps Regardless
of Diameter Per Scope of Services
$ 3 /inch
5.
Fertilization and Pesticide Application
Fertilization — soil injection / foliar
$ 7.25 /inch
$ • 16 /sq.ft
$ 2.25 /gallon
Pesticide Application— soil injection / foliar
$ 9.00 /inch
$ •31 /sq.ft
$ 3.25 /gallon
6.
Travel Charge
All vendor travel charges should be included in
hourly rates listed above. if they are not please list
travel charge per mile.
$ 1.50per mile
after 50 miles
7.
Other Vendor Fees
Other Vendor Fees as Required. Please Describe.
$
$
$
Y "a =i -cP
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Fkr
t
City of Southiake - RFP1409B200TS140012 - Page 12 of 21
3. Term of Contract and Option to Extend
Any contract resulting frond. this RFP shall be effective for twelve months from date of award. The
City anticipates that contract shall be renewed pursuant to the availability of funds and at the discretion
of the City. The following clauses shall be included in the contract:
A. Option Clause: It is agreed that City will have the option to extend the contract for up to four (4)
additional years, in one-year intervals. To exercise this option, the City shall serve notice 30 days
prior to contract termination or to the end of any one-year extension. The Option to Extend will not
be considered if funding is unavailable or if the contractor's past performance is not within the
industry standard.
B. Escalation Clause: Should market conditions prevail which dictate an increase, the successful
contractor may submit documentation requesting permission to increase pricing no later than 30
days after receiving notice from the City of its intent to extend the agreement. Escalation may only
occur at the time of renewal and only upon securing the approval of the City in writing. Requests
for price adjustments must be solely for the purpose of accommodating an increase in the
contractor's cost, not profits.
Vendors shall show in this quote their anticipated percent of escalation if/when the option to
extend is exercised. The percent quoted will be a maximum. In addition, the percentage proposed
will be a factor in determining the best value to the City. It is the average price over the period of
the contract that will be the price factor considered in the evaluation of this quote. Quotes in which
negative or no escalation is shown will be considered as 0% escalation.
C. Price Increases Upon Extension: If approved by the City, the Contractor shall modify the rates
charged by the Contractor to reflect any changes shown in the comparative statement delivered to
the City. The maximum increase allowed under this provision shall be four percent (4%) per year.
The City shall have authority, in its reasonable discretion, to determine the validity of any change
in Contractor's rates. City cannot exercise the Option to Extend with any price increases unless the
Vendor completes the section of the Quote requesting anticipated percentage of annual escalation.
FIRST ADDITIONAL YEAR (FY 2015-2016) ESCALATION ........................... () %
SECOND ADDITIONAL YEAR (FY 2016-2017) ESCALATION ................. 0 %
THIRD ADDITIONAL YEAR (FY 2017-2018) ESCALATION ............. °
FOURTH ADDITIONAL YEAR (FY 2018-2019) ESCALATION ...................... 0 %
4. Proposer's Experience / Staff
A. Project Team: Identify all members of the Proposer's team (including both team members and
management) who will be providing any services proposed and include information which details
their experience.
B. Removal or Replacement of Staff: If an assigned staff person must be removed or replaced for any
reason, the replacement person must be approved by City prior to joining the project.
C. Business Establishment: State the number of years the Proposer's business has been established
and operating. If Proposer's business has changed names or if the principals operating the business
operate any similar businesses under different names, or have operated any other businesses or
changed the legal status or form of the business within the last five (5) years, all names, of
predecessor business names, affiliated entities, and previous business entities operated by the
principals, if different than present, must be provided;
City of Southlake - RFP1409B200TS140012 - Page 13 of 21
State the number of years experience the business has: 17 ; and the number of employees:
80
D. Project Related Experience: All Proposals must include detailed information that details the
Proposer's experience and expertise in providing the requested services that demonstrates the
Proposer's ability to logically plan and complete the requested project.
5. References
Proposer shall provide four (4) references where Proposer has performed similar to or the same types
of services as described herein.
Reference #1:
Client / Company Name: All Saints Episcopal School
Contact Name: Jim Osborne
Contact Title: Grounds Supervisor
Phone: - -
Email: jimosborne@aseschool.org
Date and Scope of Work Provided: Various Tree and Landscape Services since 2009
Reference #2:
Client / Company Name: Texas Military Forces
Contact Name: Nate Praskey
Contact Title: Facility Mgmt
Phone: 512-782-5001 x4400
Email:herbert.n.praskey.nfg@mail.mil
Date and Scope of work Provided: Various Tree Projects since 2013.
Reference 43:
Client / company Name: Timarron HOA
Contact Name: Monika Loeffler
Contact Title: Property manager
Phone: 817-424-3027
Email: mloeffler@principal-mgmt.com
Date and Scope of Work Provided: Various Tree Trimming and Removal Projects since
2008.
Reference #4:
Client/ Company Name: US Postal Service
Contact Name: Linda W. Crow
Contact Title: Contract Technician.
Phone: 817-317-3592
Email: linda.w.crow@usps.gov
Date and scope of work Provided: Tree Trimming, Spraying, Removal Various Projects
Since Summer 2013
City of Southlake - RFP1409B200TS140012 - Page 14 of 21
6. Trade Secrets and/or Confidential Information
Trade Secrets and/or Confidential Information: This proposal _ (does) X (does not) contain trade
secrets and/or confidential information. If applicable, describe such trade secrets and confidential
information, and the basis for your assertion that such material qualifies for legal protection from
disclosure.
7. Cooperative Governmental Purchasing Notice
Other governmental entities maintaining interlocal agreements with the City, may desire, but are not
obligated, to purchase goods and services defined in this RFB from the successful Bidder. All
purchases by governmental entities, other than the City, will be billed directly to and paid by that
governmental entity. The City will not be responsible for another governmental entity's debts. Each
governmental entity will place their own orders with the successful Bidder and be responsible for
ensuring full compliance with the RFB specifications. Prior to other governmental entities placing
orders, the City will notify the successful Bidder of their intent.
Please indicate below if you will permit other governmental entities to purchase from your agreement
with the City.
[ X] Yes, Others can purchase; [ ] No, Only the City can purchase.
8. Federal, State and/or Local Identification Information
A. Centralized Master Bidders List registration number:
B. Prime contractor HUB / MWBE registration number:
C. An individual Proposer acting as a sole proprietor must also enter the Proposer's Social Security
Number: # - -
H. CONTRACT TERMS AND CONDITIONS EXCEPT WHERE PROPOSER MAKES SPECIFIC
EXCEPTION IN THE SUBMITTED PROPOSAL, ANY CONTRACT RESULTING FROM THIS
RFP WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH PROPOSER
HEREBY ACKNOWLEDGES, AND TO WHICH PROPOSER AGREES BY SUBMITTING A
PROPOSAL:
1. Delivery of Products and/or Services
A. Payment Terms: Unless otherwise specified in the Scope of Services or otherwise agreed to in
writing by the City, payment terms for the City are Net 30 days upon receipt of invoice.
B. Warranty of Products and Services: All products furnished under this contract shall be warranted to
be merchantable and good quality and fit for the purposes intended as described in this Proposal, to
the satisfaction of City and in accordance with the specifications, terms, and conditions of the
Scope of Services, and all services performed shall be warranted to be of a good and workmanlike
quality, in addition to, and not in lieu of, any other express written warranties provided.
C. Late Delivery or Performance: If Proposer fails to deliver acceptable goods or services within the
timeframes established in the Project Schedule, the City shall be authorized to purchase the goods
or services from another source and assess any increase in costs to the defaulting Proposer, who
agrees to pay such costs within ten days of invoice.
D. Title to Goods and Risk of Loss: For goods to be provided by Proposers hereunder, if any, the title
and risk of loss of the goods shall not pass to City until City actually receives, takes possession,
and accepts the goods and the installation of such goods, has tested the system, and determined that
it is in good and acceptable working order.
City of Southlake - RFP1409B200TS140012 - Page 15 of 21
2. Miscellaneous
A. Independent Contractor: Proposer agrees that Proposer and Proposer's employees and agents have
no employer -employee relationship with City. Proposer agrees that if Proposer is selected and
awarded a contract, City shall not be responsible for the Federal Insurance Contribution Act
(FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers
Compensation Insurance payments, or any other insurance payments, nor will City furnish any
medical or retirement benefits or any paid vacation or sick leave.
B. Assignments: The rights and duties awarded the successful Proposer shall not be assigned to
another without the written consent of the Purchasing Manager. Such consent shall not relieve the
assigner of liability in the event of default by the assignee.
C. Liens: Proposer shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, goods, and services which may be provided to the City by Proposer or
Proposer's vendor(s), and if the City requests, a proper release of all liens or satisfactory evidence
of freedom from liens shall be delivered to the City.
D. Gratuities / Bribes: Proposer certifies that no bribes in the form of entertainment, gifts, or
otherwise, were offered or given by the successful Proposer, or its agent or representative, to any
City officer, employee or elected representative, with respect to this RFP or any contract with the
City, and that if any such bribe is found to have been made this shall be grounds for voiding of the
contract
E. Financial Participation: Proposer certifies that it has not received compensation from the City to
participate in preparing the specifications or RFP on which the Proposal is based and
acknowledges that this contract may be terminated and/or payment withheld if this certification is
inaccurate.
F. Required Licenses: Proposer certifies that he holds all licenses required by the State of Texas for a
provider of the goods and/or services described by the Scope of Services herein.
G. AutthorL to Submit Proposal and Enter Contract: The person signing on behalf of Proposer
certifies that the signer has authority to submit the Proposal on behalf of the Proposer and to bind
the Proposer to any resulting contract.
H. Compliance with Applicable Law: Proposer agrees that the contract will be subject to, and
Proposer will strictly comply with, all applicable federal, state, and local laws, ordinances, rules,
and regulations.
3. Financial Responsibility Provisions
A. Insurance: The Proposer, consistent with its status as an independent contractor, shall carry, and
shall require any of its subcontractors to carry, at least the following insurance in such form, with
such companies, and in such amounts (unless otherwise specified) as City may require:
i. Worker's Compensation and Employer's Liability insurance, including All States
Endorsement, to the extent required by federal law and complying with the laws of the
State of Texas;
ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad
Form Property Damage, Personal Injury, Completed Operations/Products Liability,
Premises Liability, Medical Payments, Interest of Employees as additional insureds, and
Broad Form General Liability Endorsements, for at least One Million Dollars ($1,000,000)
Combined Single Limit Bodily Injury and Property Damage on an occurrence basis;
City of Southlake - RFP1409B200TS140012 - Page 16 of 21
iii. Comprehensive Automobile Liability insurance covering all owned, non -owned or hired
automobiles to be used by the Contractor, with coverage for at least One Million Dollars
($1,000,000) Combined Single Limit Bodily Injury and Property Damage.
B. Indemnification: Proposer agrees to defend, indemnify and hold harmless the City, all of its
officers, Council members, agents and employees from and against all claims, actions, suits,
demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees,
court costs and related expenses, arising out of, connected with, or resulting from any acts or
omissions of Proposer or any agent, employee, subcontractor, or supplier of Proposer in the
execution or performance of this contract without regard to whether such persons are under
the direction of City agents or employees.
City of Southlake - RFP1409B200TS140012 - Page 17 of 21
ADDENDUM NUMBER # 1
To: All Proposers
Date: October 30, 2014
Request for Proposal. R'F'P1409B200TS140012 Provide Tree Services for City of Southlake
Proposal Due Date: 3:00 p.m., Friday November 14, 2014
1. Addendum No. 1. dated October 30, 2014, per Addendum #1, the City of Southlake is answering vendor
submitted questions.
QUESTION: Must the primary contractor bave an arborist on staff, or are subcontractors with an arborist
permitted?
ANSWER: For award of the Primary or Secondary contract for "With Arborist" awarded vendor must have
an arborist on their immediate staff at all times during the contract period. Subcontractor
arborist will not be allowed for "With Arborist" portion of award.
2. There are no other changes.
Sharen Vckson
Chief Financial Officer
City of Southlake
In the submission of their proposal, Proposer must acknowledge receipt of this addendum. Proposer shall
acknowledge this addendum by signing and returning one copy of this notice with their proposal.
Signed: !� Dated: 11-14-2014 _.
Company Name: The Paysage Group LLC dba Smith Lawn and Tree
CityofSouthtake * Finance department • 1400Main Street, Suite 440 • Soothfake, Texas 76092
877748.8312
Appendix C — Form CIQ
INFORMATIONREGARDING VENDOR CONFLICT OFMTEREST QUESTIONNAIRE
WHO: A person must file a conflict of interest questionnaire with the City if the person has a
employment or business relationship with an officer of the City that results in taxable income
exceeding $2,500 during the preceding twelve month period, or an officer or a member of the
officer's family has accepted gifts with an aggregate value of more than $250 during the
previous twelve month period and the person engages in any of the following actions:
1. contracts or seeks to contract for the sale or purchase of property, goods, or services with
the City, including any of the following:
a. Written and implied contracts, utility purchases, purchase orders, credit card
Purchases and any purchase of goods and services by the City;
b. contracts for the purchase or sale of real property, personal property including an
auction of property;
o. 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 fax abatement and/or economic development incentive that will result in a
contract with the City.
THE FOLLOWING ARE CONSIDERED OFFICERS OF THE CYfY:
1. Mayor and City Council Members;
2. City Manager;
3. Board and Commission members appointed by the Mayor or City Council members;
4. Directors of 4A and 4B development corporations;
5. the executive directors or managers of 4A and 4B development corporations; and
6. Directors of the City of Southlake who have authority to sign contracts on behalf of the
City.
EXCLUSIONS: A questionnaire statement need not be filed if the money paid to a local
government officer was a political contribution, a gift to a member of the officer's family from a
family member; a contract or purchase of less than $2,500 or a transaction at a price and subject
WAS0Udddc\Misce11enenusUia&r 176.AffmAnentG1Q.0MU8.dac Page I ef3
City of Southlake - RFP1409B200TS140012 - Page 18 of 21
to terms available to the public; a payment for food, lodging, transportation or entertainment; or
a transaction subject to rate or fee regulation by a governmental entity or agency.
WHAT: A person or business that contracts with the City or who seeks to contract with the City
must file a "conflict of interest questionnaire" (FORM CIQ) which is available online at
www.ethics.state.tx.us and a copy of which is attached to this Guideline, The form contains
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:
1. the questionnaire no later than seven days after the date the person or business begins
contract discussions or negotiations with the municipality, or submits as 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 Rile 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
Chy's fnternet webske.
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 NORM CIQ not later
than seven business days after the person received notice of a violation.
NOTE: The City does not have a duty to ensure that a person files a conflict of interest
questionnaire.
W:15UutlilukalhiisceelEanwaslChaptcr 176.A1f3ehMCIA CIQ-042609.doc Page 2 aD
City of Southlake - RFP1409B200TS140012 - Page 19 of 21
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmentat entity
This questlomndre re%M changes made to ttla law by H.0, 1491, 80th Lap., negulw SmIam
OFFICEUSEONLY
7fils gaestionnalrals being Mad in acmarclance with Chapler-176, Local Government Code
Dom Rbowmd
bya person who has a business relatomhip as defined by Section 176,001(1-a) witha local
govemmentatentity and thaperson insets requirements under -Section 176.006(a).
By lawthisquestiannairs mustbeiiedwiththe remrdsadministratar of theiocal gavemmental
entity notlaterthab the 7th business day after the date the person beeomesaware of facts
that require the statemardtobBfiled. Sea5sef1on176.006,LoealGovemrnentcode.
A person commits an offense if the pemn knowingly violates Section 176,06, Laval
Govemmenl.Code.An offense underthis section is aCiass C misdemeanor.
1 Name of parson who has a business raladonshipwith local governmental anW
2
Checkttda box Kyou are filing an updateta a previously filed questionnaire.
(The law requires That you flis an updated completed questionnaire with the appropriate filing authority pal
Eater than the 711% business day allarths data the orlginaly fled Questionnaire becomes ITIM pleie or Inaccurate.)
3
Name of local governmemol0cer witty whom filer has employment arbusfnasa relationship,
Nameotofflcer _
This seem (Rem 3 including subparts A, B, C & 0) nwst be wrmisted for each ofE-ioar with whom the tsar has an
employment or other buslnesn relatonshlp as defined by Seaft 176-0151(1-a), Local Government Code. Attach adchlonal
pages to this Form CIO as necessary.
A. Is the local government officer named In st]s section receiving or skoly to receive taxable Income, othar Man invesismat
Income, from the flier of the quesliaWdM?
Yes No
B. Is the tseral the quess ruilhe receiving or li hely to recelva taxable income, other than trrvesbnent Income. from oral the
drraetion of the lore] government otfrcer named in this section AND The taxabre income to not recaivad tram the local
govammental en%7
F-iYes - = No
C. is the gar of this questionnaire employed by a corporation or other business entity wilh respect to which the local
government olhcar serves as an officer or director, or holds an ownership of 10 percent or mare?
Yes No
0. Describe each employment or business relationship with the local govemment officer named m thts senior.
4
Shipme a or person Wng busmen xeh tM goverrae l army Data
W:lsouthlakc% scelieneous%Chapter176.aaachmentClp.on609.doe
Adopted 0er2912007
Page 3 0173
City of Southla(ce - RFP1409B200TS140012 - Page 20 of 21
Appendix D — No Intent to Submit Form
If your firm has chosen not to submit a bid for this procurement, please complete this form and
submit to:
City of Southlake
Purchasing Division, Department of Finance
1400 Main Street, Suite #440
Southlake, Texas 76092
Please check all items that apply:
❑
Do not sell the item(s) required
❑
Cannot provide Insurance required
❑
Cannot be competitive
❑
Cannot provide Bonding required
❑
Cannot meet specifications highlighted in the attached
❑
Cannot comply with Indemnification
request
requirement
❑ Job too large ❑ Job too small
❑ Do not wish to do business with the City of Southlake ❑ Other:
❑ Cannot submit electronically
COMPANY NAME (Please print):
Authorized Officer Name (Please print):
Telephone:
Fax: (
City of Southlake - RFP1409B200TS140012 - Page 21 of 21
OFFICIAL RECORD
ORDINANCE NO.585-D
AN ORDINANCE OF THE CITY OF SOUT14LAKE AMENDING ORDINANCE
585-B, WHICH ESTABLISHES THE REGULATIONS FOR THE
PRESERVATION OF TREES; PROVIDING FOR THE PURPOSE AND
INTENT; PROVIDING FOR DEFINITIONS; REQUIRING A TREE PERMIT TO
ALTER A PROTECTED TREE; PROVIDING TREE PRESERVATION
CRITERIA AND REVIEW PROCESSES FOR TREE CONSERVATION
ANALYSES, TREE CONSERVATION PLANS, AND TREE PERMITS;
AMENDING THE TREE PROTECTION AND REPLACEMENT
REQUIREMENTS; PROVIDING TREE PLANTING AND TREE REMOVAL
STANDARDS; PROVIDING FOR ENFORCEMENT PROCEDURES AND CIVIL
AND CRIMINAL PENALTIES FOR VIOLATIONS; PROVIDING A PROCESS
FOR APPEALS AND VARIANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas, is a home rule City acting under its charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government
Code; and
WHEREAS, the Southlake City Council first adopted Ordinance 585 on June 15, 1993 with the goal of
preserving trees and subsequently amended Ordinance 585 on December 16, 1997, and January 4, 2000, revising
regulations relating to the protection of trees; and
WHEREAS, the Southlake City Council has determined that it is appropriate and in the best interest of the
City to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 585-C as
provided herein;
WHEREAS, the Southlake City Council has determined that amending Ordinance 585-C is required to
implement the Tree Protection recommendations of the City's Comprehensive Master Plan, the Southlake 2025
Plan; and
WHEREAS, the City council has given published notice and held public hearings with respect to the
amendment of Ordinance 585-C as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Ordinance 585-C, Tree Preservation Ordinance of the City of Southlake is hereby amended to read as follows:
1.0 TITLE
This Ordinance shall be known as the City of Southlake Tree Preservation Ordinance.
2.0 FINDINGS
The Southlake City Council finds that:
2.1 Trees transpire considerable amounts of water, produce oxygen, and absorb carbon -dioxide, thus
reducing air pollution;
2.2 Trees have an important role in improving water quality by neutralizing pollutants in ground water
run-off;
Ordinance 585-D 2 Southlake Tree Preservation Ordinance
2.3 Trees, through their root systems, stabilize the ground water tables, and play an important and effective
part in soil conservation, erosion control, and flood control;
2.4 Trees are an invaluable physical and aesthetic asset to development and make cities more comfortable
by providing shade, cooling the air and land, and reducing noise levels and glare;
2.5 Trees provide critically needed habitat and food source for wildlife; and
2.6 For the reasons stated above, preservation of mature tree stands and environmentally sensitive areas in
conjunction with development has a significant impact on the desirability of land and therefore adds
value to the individual development and the increases the livability of the City.
3.0 PURPOSE AND INTENT
The purpose of this Ordinance is to ensure environmentally sensitive site planning which finthers the
Preservation of mature trees and natural areas; to protect trees during construction; to facilitate site design and
construction which contribute to the long term viability of existing trees; and to control the removal of trees
when necessary. It is the further purpose of this Ordinance to achieve the following broader objectives:
3.1 Prohibit the clear -cutting of property;
3.2 Protect and increase the value of residential and commercial properties within the City;
3.3 Maintain and enhance a positive image for the attraction of new residences and business enterprises to
the City;
3.4 Protect healthy quality trees and promote the natural, ecological, environmental, and aesthetic qualities
of the City;
3.5 Implement the Environmental Resource Protection recommendations of the Southlake 2025 Plan; and
3.6 Maintain and enhance Southlake's identity as a Tree City USA.
4.0 DEFINITIONS
GENERAL RULES: The following rules shall be applied in constructing, interpreting or otherwise defining
the terms hereof:
a. Words used in the present tense shall include the future, words used in the singular number shall
include the plural number and words used in the plural shall include the singular.
b. The word "shall" is mandatory and the word "may" is permissive.
C. The word "person" shall include any individual, firm, corporation, partnership, joint venture,
organization, or any other entity.
DEFINITIONS: Certain words or terms applicable to this Ordinance are defined as hereinafter provided.
Words and terms used in this Ordinance, but not defined in this Ordinance shall have the meanings contained
in the Zoning Ordinance, Landscape Ordinance or other ordinances of the City. Words and terms defined in
two ordinances shall be read in harmony unless there is an irreconcilable conflict, in which case the definition
contained in this Ordinance shall control.
ADMINISTRATIVE OFFICIAL. The department director appointed by the City Manager to administer this
Ordinance, or the department director's designee.
Ordinance 585-D 3 Southlake Tree Preservation Ordinance
AGRICULTURAL. USE: Any use on property zoned "AG -Agricultural" that is related to active farming,
livestock, or ranching, including using land as pasture or in the production of crops, or horticultural products,
the keeping of livestock, including but not limited to poultry and hoofed animals such as cattle, horses, goats,
and sheep, for commercial or noncommercial purposes, and the construction and maintenance of agricultural
accessory buildings.
ALTER ALTERS; ALTERATION: Any act which causes or may reasonably be expected to cause a tree to
die, including but not limited to, any of the following: uprooting any portion of the tree's root system;
severing the main trunk of the tree; inflicting damage upon the tree's root system by machinery, storage of
materials, or the compaction of soil above the root system of a tree; changing the natural grade of the critical
root zone of a tree or uphill from the critical root zone of the tree so as to divert the flow of water to or away
from the critical root zone; applying herbicidal or other lethal chemicals to the tree or any portion of the
critical root zone of the tree; placement of impermeable material over any portion of the critical root system
of a tree; and trenching within the critical root zone. A protected tree shall be considered to be altered if one
or more of the following occurs: more than twenty-five percent (25%) of the critical root zone is adversely
affected, more than twenty-five percent (25%) of its canopy is removed, or the tree is disfigured to the extent
a reasonable person would conclude the tree will not survive.
ALTERNATIVE TO A TREESURVEY: A document that provides the location and details of trees and
contains the information set forth in Appendix A (attached to and fully incorporated into this Ordinance), and
which may be submitted in lieu of a tree survey where specifically allowed by this Ordinance.
BUILDING PAD: The actual foundation area of a building and a reasonable area not to exceed six (6) feet
around the foundation necessary for construction and grade transitions.
BUILDING PERMIT: The official authorization by the City to allow any construction on any property in the
City that increases the impervious cover on the lot, tract, or portion of land.
CALIPER American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper
of the trunk shall be taken six (6) inches above the ground for up to four (4) inch caliper size and twelve (12)
inches above the ground for larger caliper sizes.
CERTIFICATE OF OCCUPANCY (CO): An official City acknowledgement that indicates conformance with
all applicable City regulations and authorizes the legal use and occupancy of the premises for which it is
issued.
CERTIFIED ARBORIST: A specialist in the care of individual trees, knowledgeable about the needs of
trees, and trained and equipped to provide proper care of trees, and certified by the International Society of
Arboriculture as a Certified Arborist.
CRITICAL ROOT ZONE: The area of undisturbed natural soil around a tree defined by a horizontal circle
drawn at grade with the center being the center of the trunk of the tree and a radius equal to the distance from
the trunk to the outermost portion of the drip line.
CUT/FILL: Areas where the natural ground level has been modified either through excavation (cut) or fill.
DBH (DIAMETER AT BREAST HEIGHT): The diameter of a tree trunk, or, in the case of a multi -trunk
tree, the total of the diameter of the largest trunk and one half (%) of the diameter of each additional trunk,
measured at a height of 4 % 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 COMMITTEEWRQ: A committee comprised of City staff, including the
Administrative Official, charged with reviewing all development applications to ensure compliance with all
of the City's ordinances and regulations.
Ordinance 585-D 4 Southlake Tree Preservation Ordinance
DRIP LINE: Whichever of the following encompasses the greatest area: (1) the irregular shape formed
around a tree by a series of vertical lines that run through the outermost portion of the canopy of the tree and
extend to the ground, or (2) a circular area with a radius of one-half ('/) the height of the tree extending
outward from the center point of the tree.
EARTH DISTURBANCE PERMIT: An official authorization by the City to allow any person to re -grade,
excavate, disturb, or store spoils on any property in the City as required by the City's adopted Building Code.
EASEMENT: The authorization by a property owner for the use by another, and for a specified purpose, of
any designated part of such property. Easements may be temporary or permanent.
EASEMENT, CONSERVATION: A permanent deed restriction that limits development of property, or a
transfer of an interest in property to a public or non-profit entity approved by the City, duly recorded in the
deed records of the County and binding on all subsequent owners, and for the purpose of protecting and
preserving environmentally sensitive natural resources, in which the landowner retains fee title to the
property.
EASEMENT PERMANENT: The permanent transfer by plat or written instrument of an interest in property
or authorization by a property owner for the use by another, for a specified limited purpose.
EASEMENT. TEMPORARY ACCESS: An easement granting a right of access to property that is adjacent
to a property being developed to provide temporary access for construction activities on the property being
developed. The easement is granted only for the period of the construction activity,
EASE_ME_ NT, 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 RESQLJRCE PROTECTION ERP RECOMMENDATIONS AND MAP: Sections of
the City's Parks, Recreation, and Open Space Plan, a component element of the Southlake 2025 Plan that
provides the policy guidance for the protection of key environmentally sensitive resources in the City, and
identifies priority areas for the protection of significant environmentally sensitive areas in the City.
EXISTING TREE COVER: The sum total of the area that is located beneath the canopies of all protected
trees on the lot or tract on the date of development application, as measured by accepted forestry practices.
FOOTPRINT: An area not to exceed six feet (6') in all directions around impervious surfaces as designated
on an approved Site Plan.
HEAVILY WOODED AREA: An area of continuous wooded vegetation where trees are at a density of at
least one protected tree per 325 square feet of land, where the branches and leaves form a continuous canopy,
and which consists of at least five (5) trees.
LANDSCAPE ARCHITECT: A person licensed to use the title of "landscape architect" in the State of Texas
in accordance with state law,
Ordinance 585-D 5 Southlake Tree Preservation Ordinance
MULTIPLE TREE CLEARING: Alteration of one or more protected trees located on property zoned AG
Agricultural, in excess of the seven (7) protected trees that may be altered in each calendar year in accordance
with section 8.1.c.
MUNICIPALIPUBLIC 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, fire stations, and water tower, water
treatment and other public works facilities.
OWNER: Any person holding a legal or equitable interest in land, or a lessee, agent, employee, or other
person acting on behalf of such person.
PARKS RECREATION & OPEN SPACE MASTER PLAN: The component element of the Southlake
2025 Plan that serves as the community's blue print for the City's future parks and open space facilities.
PLANNING AND ZONING COMMISSION: A volunteer citizen body appointed by the City Council which
is authorized to make recommendations on the physical development of the City including land use, zoning,
and transportation issues.
PROTECTIVE FENCING: A physical and visual barrier installed around the critical root zone of a protected
tree as required by Section 9.8 of this Ordinance in order to prevent damage to the tree and its root system.
REFORESTATION FUND: The fund established by the City for the purposes of implementing the
environmental resource protection goals of the Southlake 2025 Plan including:
a. educating the public on the aesthetic and health benefits of conservation and environmental
preservation;
b. planting, maintaining, and managing trees and landscaping on public property in the City;
C. creating and expanding wooded property within the City;
d. purchase of conservation easements and/or environmental preserves; and
e. other similar purposes indicated in this Ordinance and as approved by City Council
REFORESTATION FUND ADMMSTRATOR: The person appointed by the City Manager to administer
the Reforestation Fund.
RIGHT-OF-WAY: (Abbreviated ROW) A strip of land, other than a drainage or utility easement, occupied
or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline,
water main, sanitary or storm sewer, or for another special use.
SELECTIVE THINNING: The process by which non-contiguous protected trees are identified and removed
within a heavily wooded area to provide the maximum benefit to the remaining protected trees.
SOUTHLAKE 2025 PLAN: The City of Southlake's Comprehensive Master Plan, as amended, as adopted
by the City Council.
SJUJ-ET TYPOLOGY MAP: The component of the City's adopted Mobility & Master Thoroughfare Plan, a
component element of the Southlake 2025 Plan, showing street typologies, which are overlay designations to
the functional classification system of the City's roadway network linking street functionality with design
priorities for all streets.
Ordinance 585 D 6 Southlake Tree Preservation Ordinance
TREE: Any self-supporting woody perennial plant which will normally attain a trunk diameter of two inches
or more when measured at a point four and one-half feet above ground level and an overall height of at least
fifteen (15) feet at maturity.
TREE DISEASED INFECTED OR DAMAGED: A tree that is:
a. infected with a disease or a parasite making it reasonably likely that the tree will either die within three
(3) years or pose a significant threat of infecting other trees of the same or similar species; or
b. damaged, in whole or part, to such an extent that either the tree is reasonably likely to die within three
(3) years; or
C. hazardous, in whole or part, to such an extent that it presents a significant danger to the general public.
TREE, PARK: Trees in public parks and all areas owned by the City to which the public has access as a park.
TREE. PROTECTED: Any tree that has a diameter at breast height of six (6) inches or greater.
TREE. STREET: A protected tree located within or directly adjacent to a public right-of-way.
TREE BOARD: A board appointed by the City Council to 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 envirotunental
features of the site such as protected trees, natural creeks, ponds, steep grades, and other critical resources.
TREE PERMIT: The official authorization by the City required to alter any protected tree not exempted by
this Ordinance.
TREE PRESERVATION AREA: An area identified on any plan approved by the City Council denoting a
significant tree stand(s) which is to be preserved during and after development of that property.
TREE PROTECTION SIGN: A sign furnished by the City's building official which sign describes prohibited
conduct detrimental to trees.
TREE SURVEY: A plan drawing that provides legend details about the location and details of trees and
contains the information set forth in Appendix A (attached to and fully incorporated into this ordinance),
including but not limited to drawings by a licensed surveyor, a licensed architect, or, if less than. twenty (20)
trees are involved, a person approved by the Administrative Official.
TREE TECHNICAL MANUAL: The manual that contains the text of this Ordinance and any graphic
depictions, tables, or other illustrative material created and approved by the Administrative Official to
illustrate the requirements of this Ordinance.
TREE TOPPING: The sever cutting back of branches to stubs larger than three inches in diameter within the
tree's canopy to such a degree so as to remove the normal canopy and disfigure the tree.
UTILITY: The service or product provided by a utility provider, including but not limited to, the provision of
gas, electric, water, waste water, drainage, storm water, telecommunications, cable, or telephone service for
users within the City.
Ordinance 585-D 7 Southlake Tree Preservation Ordinance
UTILITY. CITY: The City of Southlake public works department or City employee or entity employed on
the behalf of the City providing a utility service.
UTILITY LINE: A conduit, channel, ditch, tube, duct, hose, wire, box, pipe, or similar conveyance device
through which a utility is transported, provided, or conveyed, excluding utility service lines.
Channels, ditches, creeks, detention/retention ponds, and other drainage improvements shall constitute a
utility line for purposes of this Ordinance only to the extent that such improvement is required by the City or
other public entity as an integral and necessary part of an approved drainage plan, is located so as to avoid, to
the greatest extent practical, altering protected trees, and is approved by the Administrative Official.
Ponds, channels, creeks, or other bodies of water intended or created primarily for decorative, scenic, or
recreational purposes shall not constitute a "utility line" for purposes of this Ordinance, unless such
improvement is required by the City engineer or by ordinance, even if such areas may serve some drainage
purposes.
UTILITY SERVICE LINE: A conduit, channel, ditch, tube, duct, hose, wire, box, pipe, or similar
conveyance device through which a utility is transported, provided, or conveyed to a single lot or tract, to the
extent that the conveyance device is located on that lot or tract.
UTILITY PROVIDER: A company or entity, or agent for a company or entity, including a municipality that
provides a utility service within the City.
5.0 TREE PERMIT REQUIRED
5.1 TREE PERMIT REQUIRED: Except as provided in Section 5.3, no person shall alter a protected tree
unless the alteration is authorized by a valid tree permit or Multiple Tree Clearing permit.
5.2 OFFENSE: A person commits an offense if the person alters any protected tree without a tree permit,
unless the alteration is exempted by this ordinance. A person commits an offense if the person alters
any protected tree in violation of the terms of a tree permit.
5.3 EXEMPTIONS: Alteration of the following tree(s) shall be exempt from the provisions of this
Ordinance:
a. Any tree that endangers the public health, welfare, or safety such that immediate alteration is
required;
b. Any tree that has disrupted a public utility service due to a tornado, storm, accident, flood, or
other act of nature, provided that alteration of such a tree shall be limited to the portion of the
tree reasonably necessary to reestablish and maintain reliable utility service;
C. A tree located on the property of a licensed plant or tree nursery which has trees planted and
growing on the premises for the sale or intended sale to the general public in the ordinary course
of the nursery's business;
d. Any tree, other than a street tree, located on a lot or tract shown on an application or plan for
development submitted after the effective date of this Ordinance in any residentially zoned
district, including but not Iimited to SF20, SF30, SF1, RE and the lots zoned for residential uses
only in the Transition, Rural Conservation, Planned Unit Development, or Employment Center
zoning and DT zoning districts, which the owner occupies as a homestead, shall be exempted
from the application of this Ordinance except that any lot or tract, or portion thereof, designated
as a tree preservation area, or tree designated as "protected" on a Tree Conservation Plan
approved after the effective date of this Ordinance shall not be exempted from the provisions of
this Ordinance.
Ordinance 585-D 8 Southlake Tree Preservation Ordinance
Any lot shown on a plat application or plan for development submitted before the effective date
of this Ordinance shall be subject to the provisions of Ordinance 585-B unless the application or
plat expires or the project is abandoned or significantly altered, in which event the lot shall be
subject to those provisions of this Ordinance which apply to the new project.
f. A tree located on property which is zoned AG (Agricultural) and being actively used for
agricultural purposes or as a homestead, as long as the tree is located within a radius of 150 feet
from the principal structure on the property or the owner's residence that is used as a homestead.
6.0 TREE PERMCT: APPLICATION, STANDARDS FOR APPROVAL AND ISSUANCE
6.1 TREE PERMIT APPLICATION — UNRELATED TO DEVELOPMENT: An application for a Tree
Permit that is unrelated to development shall include the following information:
a. The name, address and telephone number of those persons or entities who own the property and
those persons or entities seeking the permit;
b. The address, existing use, and zoning of the property;
C. A detailed written statement stating the reasons for the requested alteration including citation to
any relevant provision of this ordinance that may authorize the alteration and including the
following:
i. The amount of land to be disturbed, if any;
ii. The method and equipment to be used; and
iii. The dates the proposed alteration would take place;
d. A legible diagram or map indicating the following for the area reasonably likely to be affected if
the permit is issued:
i. Location of all existing structures, improvements, streets or rights -of -way, property Iines,
setback and yard requirements.
ii, Location of all existing utility lines, utility service lines, and easements.
iii. The common and botanical name, size and location of all trees specifically designated by
number; and
d. Such additional information as the Administrative Official may reasonably require given the
particular characteristics of the property.
6.2 TREE PERMIT APPLICATION — RELATED TO DEVELOPMENT: An application for a Tree
Permit Application that is filed in conjunction with development shall include the following
information:
a. City approved Tree Conservation Analysis or Tree Conservation Plan (when required by this
Ordinance);
b. A tree survey clearly identifying whether each protected tree will be preserved after the
proposed improvements are made, will be altered, or may be preserved based upon site specific
conditions, including species and size;
C. Identification of Critical Environmental Features of the site:
i. All individually protected trees
Ordinance 585-D 9 5outhlake Tree Preservation Ordinance
H. Existing streams, drainage creeks, ponds, and other water bodies (if any)
d. Detailed site plan of all proposed improvements with extent and location of proposed
improvements, including building pads, parking areas, driveways, streets, and utilities
(including storm water drainage facilities);
C. A tree protection plan identifying the required tree protection measures including fencing and
signage;
f. Clear delineation of construction related parking, storage, staging, and access areas
g. Limits of clearing, grading, and trenching;
h. Approved grading and drainage plans;
i. Proposed landscaping, bufferyards, and/or replacement areas;
j. Any information required by Section 7.3 for a Tree Conservation Plan;
k. Any conditions placed on the approval of the Tree Conservation Plan;
1. The names, addresses and telephone numbers of those persons or entities who own the property
and those persons or entities seeking the permit; and
M. Such additional information as the Administrative Official may reasonably require given the
particular characteristics of the property.
6.3 FEES: The applicant shall submit, with an application for a tree permit, payment of a fee to the City of
Southlake in the amount specified by City Council in a fee schedule, with the following exceptions:
a. When altering any protected tree, the City is exempt from the tree permit fee, but must obtain a
permit and comply with all tree replacement and tree protection procedures. Protected trees
proposed to be altered must be shown on construction plans approved by the Administrative
Official.
b. When altering any protected tree, a public utility is exempt from the tree permit fee, but must
obtain a permit and comply with all tree replacement and tree protection procedures. Protected
trees proposed to be altered must be shown on construction plans approved by the
Administrative Official.
6.4 AUTHORITY FOR REVIEW:
a. The Administrative Official shall be responsible for reviewing all requests for tree permits
submitted in accordance with the requirements specified herein.
The Administrative Official shall have no obligation to review an application for a tree permit
until all required information has been submitted and the applicable fee, if any, has been paid.
If any required information or fee has been omitted, the Administrative Official shall notify the
applicant of that fact.
6.5 STANDARDS FOR APPROVAL:
a. When a complete application is filed under section 6.1, the Administrative Official shall grant
a tree permit with regard to a particular protected tree if any of the following is true:
(i) The tree must be altered in order to install or maintain a utility line or utility service
line;
Ordinance 585-D 10 Southlake Tree Preservation Ordinance
(ii) The tree is located in a heavily wooded area and selective thinning is necessary to
increase the likelihood of survival of the remaining trees, and will be carried out in
accordance with standards promulgated by the American National Standards Institute
for use by the International Society of Arboriculture;
(iii) The tree is located on property zoned Agricultural "AG" that is being actively used
for agricultural purposes, and the granting of the permit will not result in more than
seven (7) protected trees being altered on the property in any calendar year;
(iv) The tree is diseased, damaged, or hazardous;
(v) The tree, if left unaltered, is reasonably likely to impair the structural integrity of
existing structures or improvements;
(vi) The tree is required to be altered by federal, state or local law, including an
applicable regulation adopted by a federal, state, or local government agency;
(vii) The tree must be altered to prevent significant risk of harm to the surrounding area
caused by vermin infestation; or
(viii) The tree must be altered to prevent a high risk of fire hazard as determined by the
Fire Marshal.
b. When a complete application is filed under section 6.2, the Administrative Official shall grant
a tree permit if all required tree protection and replacement procedures have been followed
and the application conforms to the Tree Conservation Plan approved by the City Council.
Where no Tree Conservation Plan is required, the tree permit shall be granted if all required
tree protection and replacement measures have been followed and the application complies
with the criteria established under Section 7.2.
6.6 DEFERRAL TO CITY COUNCIL: If the application for a tree permit seeks to alter a tree which is
part of a Tree Conservation Plan approved by the City Council, the Administrative Official may defer
the approval of the tree permit to the City Council after a recommendation from the Planning and
Zoning Commission for any reason. In addition, if a request for a Tree Permit does not meet any
standards for approval under 6.5.a, the Administrative Official may defer the approval of such a tree
permit to City Council after a recommendation from the Planning and Zoning Commission,
6.7 PERMIT EXPIRATION: A tree permit issued in connection with any other permit or plan shall be
valid for the period of that permit's or plan's validity. A tree permit not issued in connection with any
other permit or plan shall become void 180 days after the issue date on the tree permit.
6.8 POSTING TREE PROTECTION & SIGN: Prior to issuance of any building or tree permit, the "tree
protection sign", tree preservation instruction detail sheet and approved tree conservation plan shall be
posted at each entrance to the subject property, and at any other locations designated by the
Administrative Official.
7.0 TREE CONSERVATION ANALYSES TCA AND TREE CONSERVATION PLANS TCP
7.1 REQUIREMENT: A Tree Conservation Analysis (TCA) and subsequently, a Tree Conservation Plan
(TCP) shall be required for any application for development described in Table 1.0 subject to the
following;
a. The Administrative Official may waive any requirement established by Section 7.3 where the
application is a Plat Showing submitted for four (4) or fewer lots, if the scope of the
development makes the requirement either impractical or inapplicable to the development.
Ordinance 585-D I I Southlake Tree Preservation Ordinance
b. The Administrative Official may approve an alternative to a tree survey for heavily wooded
areas, and may require a tree survey for smaller, specific areas of the property based upon the
environmental sensitivity of the property being developed.
C. All proposed improvements shall be required to be shown only at the site plan stage, if any, for
all development, Preliminary plats shall show building setbacks and general location of
buildings and infrastructure.
d. A Tree Conservation Plan may be used to satisfy the requirements of a Tree Conservation
Analysis.
e. A Tree Conservation Analysis is acceptable for all Preliminary Plats that require a City Council
approved Site Plan for development. A Tree Conservation Plan shall be required at Preliminary
Plat for all development that does not require City Council approval of a Site Plan.
Table 1.0 — Tree Conservation Analysis and Tree Conservation Plan
by Activity Type
Type of Development
Requirement for
Criteria for Review
Application
Analysis or Conservation Plan
Concept or Development
Tree Conservation Analysis
Section 7.2
Plan
Site Plan
Tree Conservation Plan
Based on the approved Tree Conservation
Analysis or, if none, on Section 7.2
Preliminary Plat
Tree Conservation Analysis and, if
Based on the approved Concept,
application is not sought in
Development, or Site Plan, or, if none, on
conjunction with a concept,
Tree Conservation Analysis, or, if none, on
development or site plan, a Tree
Section 7.2
Conservation Plan is also required
Final Plat
Tree Conservation Plan
Based on conformity with the approved
Preliminary Plat
Plat Showing/Plat Revision
Tree Conservation Plan
Section 7.2
Earth disturbance
Tree Permit Application
Based on the conformity with the approved
permit/Building permit
site plan (non-residential) or preliminary plat
(residential) or, if none on Section 7.2
7.2 STANDARDS FOR APPROVAL:
a. Except as provided by subsection 7.2.b., a Tree Conservation Analysis or Tree Conservation
Plan shall be approved if it will preserve existing tree cover in accordance with the percentage
requirements established by Table 2.0. If the property has previously received a tree permit
related to development, the percentage of existing tree cover at the time the first such permit
was issued shall be used to calculate the minimum existing tree cover that must be preserved
under this section.
Table 2.0 — Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on the entire
site
Minimum percentage of the existing tree
cover to be preserved*
0% — 20%
70%
20.1— 40%
60%
40.1 % - 60%
5 0%
60.1% - $0%
40%
130%
80.1% - l00%
Ordinance 585-D 12 Southlake Tree Preservation Ordinance
*The minimum percentage of existing tree cover to be preserved shall exclude any area in public
rights -of -way as approved by City Council.
b. For property sought to be zoned for the Downtown zoning district or a planned development
zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation,
Planned Unit Development, or Employment Center zoning district, the City Council shall
consider the application for a Conservation Analysis or Plan in conjunction with the
corresponding development application (as established in Table 1.0). The Planning and Zoning
Commission shall review the application and make a recommendation to the City Council
regarding the application. The City Council shall approve the Plan or Analysis if the Council
fords that the Plan or Analysis provides for the:
placement of building pads, parking areas, driveways, streets, and utility easements so as
to maximize the preservation of environmental features of the property including mature
tree stands, natural creeks and ponds, and significant grades;
ii. maximizes the preservation of tree cover preservation areas indicated on the
Environmental Resource Protection Map;
iii. maximizes the preservation of existing tree stands with the potential to buffer residential
areas from the noise, glare, and visual effects of nonresidential uses;
iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made
drainage creek;
V. maximizes the preservation of existing protected trees along rural roadways and other
streets as identified and prioritized in the Street Typology designation; and
vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this
Ordinance.
7.3 INFORMATION REQUIRED: A Tree Conservation Analysis and Tree Conservation Plan shall
include the following information:
a. Information required for Tree Conservation Analysis:
i. Identification of Critical Environmental Features of the site:
A. All grades over 5%
B. Existing streams, drainage creeks, ponds, and other water bodies (if any)
I Alternative to a Tree Survey
iii. Critical Root Zones of groups of trees
iv. Boundaries of any tree preservation areas as identified in the ERP Map
V. Identification of areas of environmental constraints not suitable for development
vi. Identification of areas of minimal environmental constraints that are suitable for
development
vii. Areas of encroachment into Critical Environmental Features areas identified on the site
viii. Stream/Creek buffers, if any
ix. The names, addresses and telephone numbers of those persons or entities who own the
property and those persons or entities filing the application
X. Such additional information as the Administrative Official may reasonably require given
the particular characteristics of the property
b. Information required for Tree Conservation Plan:
L Identification of Critical Environmental Features of the site:
A. All individually protected trees
B. Existing streams, drainage creeks, ponds, and other water bodies (if any)
ii. Tree Survey or alternative to a tree survey
Ordinance 585 D 13 Southlake Tree Preservation Ordinance
iii. 2-foot contour map of the site
iv. Protected trees within the tree preservation area including tree size and type
V. Critical Root Zones of groups of trees
vi. Critical Root Zones for individual trees required for site plans only
vii. Boundaries of any tree preservation areas as identified in the ERP Map
viii. Identification of areas of environmental constraints not suitable for development
ix. Identification of areas of minimal environmental constraints that are suitable for
development
X. Areas of encroachment into Critical Environmental Features identified on the site
xi. Clear delineation, for each protected tree, of whether the tree will be preserved after the
proposed development is constructed, altered due to proposed improvements, or could
potentially be saved based upon site specific conditions
xii. Stream/Creek buffers, if any
xiii. Detailed site plan of all proposed improvements. (All proposed improvements shall be
required to be shown only at the site plan stage for all development. Preliminary plats
shall, however, show building setbacks and general location of buildings and
infrastructure)
xiv. Setbacks, building lines, and buffer yards
xv. The names, addresses and telephone numbers of those persons or entities who own the
property and those persons or entities filing the application
xvi. Such additional information as the Administrative Official may reasonably require given
the particular characteristics of the property.
7.4 ACTION ON TREE CONSERVATION ANALYSIS AND TREE CONSERVATION PLAN:
a. An application that requires the submittal of either a Tree Conservation Analysis or a Tree
Conservation Plan shall first be reviewed by the Development Review Committee in
conjunction with the accompanying development application.
b. The Administrative Official shall prepare a report that evaluates the extent to which the
proposed development is responsive to the Tree Preservation criteria outlined in Section 7.2 to
the Planning and Zoning Commission.
C. The Planning and Zoning Commission shall make a recommendation an the proposed Tree
Conservation Analysis or Tree Conservation Plan to the City Council. The City Council shall
approve the proposed Tree Conservation Analysis and Tree Conservation Plan if it finds that it
meets the criteria outlined in Section 7.2.
8.0 TREE REPLACEMENT AND TREE PROTECTION EXCEPTIONS AND APPLICABILITY
8.1 GENERALLY: For all trees that are authorized to be altered based on a duly approved Tree
Conservation Plan, tree protection and tree replacement procedures set forth in this Ordinance shall be
followed before a Tree Permit is granted, except as set forth below:
a. Tree Alteration for Public Utility Projects: All protected trees that the Administrative Official
determines must be altered in order to install utility lines within public rights -of -way (R.O.W.)
or within approved utility easements, including required drainage easements, shall be exempt
from the tree replacement and tree protection requirements. Any protected trees within public
R.O.W. or utility easements that the Administrative Official determines do not have to be
altered shall be subject to the tree protection requirements but not to the tree replacement
requirements.
b. Selective Thinning and Removal of Underbrush:
The Administrative Official may issue a tree permit authorizing the selective thinning of
certain protected trees from a heavily wooded area under Section 6.5.a.2 of this
Ordinance 585-D 14 Southlake Tree Preservation Ordinance
Ordinance. If the Administrative Official issues a permit for selective thinning, the
protected trees covered by the permit shall be exempt from the tree replacement and tree
protection requirements.
ii. The Administrative Official may issue a permit allowing the clearing and grubbing of
brush located within or under the drip lines of protected trees subject to reasonable
conditions to insure the maximum protection of the trees. The permit holder shall clear
or grub by hand or with push -type mowers within such drip lines, unless the use of
dozers, loaders, or other moving equipment to clear or grub is expressly permitted in
writing by the Administrative Official prior to performance of the work.
C. Limited Tree Alteration on "AG" Zoned Property: The Administrative Official shall, upon
request of the owner of property zoned Agricultural "AG" and being actively used for
agricultural purposes, issue a tree permit for the alteration of not more than seven (7) protected
trees per calendar year on such property. If the Administrative Official issues such a permit, the
protected trees covered by the permit shall be exempt from the tree replacement and tree
protection requirements. However, protected trees altered in excess of seven (7) per calendar
year are not exempted from the tree replacement and tree protection requirements. An owner
wishing to remove more than seven protected trees in any calendar year shall apply for and
obtain a tree permit or Multiple Tree Clearing permit and comply with this Ordinance.
d. Multiple Tree Clearing on "AG" Zoned Property:
An owner seeking a permit for Multiple Tree Clearing from property zoned Agricultural
"AG" shall submit a request in writing to the Administrative Official, along with a
survey, map or diagram showing the area to be cleared and the number, size and the
location of protected trees in such area, a written statement from the applicant describing
the purpose and reason for the Multiple Tree Clearing, such other information or
documents as may be requested by the Administrative Official, and the appropriate fee as
provided in the fee schedule.
ii. The Administrative Official shall refer such application to the Planning and Zoning
Commission for recommendations. The Administrative Official may make an on -site
inspection of the property to be cleared. After the Administrative Official and the
Planning and Zoning Commission complete their recommendations, the application shall
be submitted to the City Council for determination.
iii. The City Council shall grant the application and issue a permit if the Council determines
that the Multiple Tree Clearing is for a legitimate, agricultural use, provided that if the
land ceases to be used for agricultural purposes at any time within five (5) years after the
permit is obtained to remove the trees, the owner of the land must comply with the tree
replacement requirements. If the City Council authorizes the issuance of such a permit,
the protected trees covered by the permit shall be exempt from the tree replacement and
tree protection requirements. The requirement to replace trees shall be binding upon the
person subject to such permit even if such person sells, assigns, or transfers the property.
If the City grants the application for Multiple Tree Clearing, the permit shall be executed
by the applicant and shall provide that in the event of a sale, assignment or transfer of the
subject property, the owner may either obtain the consent of the person to whom the
property was sold, assigned or transferred to permit the replacement on such property, or
may make payment to the Reforestation Fund as provided in this Ordinance.
e. Alteration of Diseased, Damaged, or Hazardous Trees: If a tree permit is issued for alteration
of a diseased, damaged or hazardous protected tree, the owner shall be exempt from the tree
replacement and tree protection requirements for those trees covered by the permit. If such a
diseased, infected or hazardous tree is not altered by the owner, the City may alter such a tree to
reduce the chance of spreading the disease or infection to nearby healthy trees or to protect the
Ordinance S&S-D 15 Southlake Tree Preservation Ordinance
healthy, safety, and welfare of the general public.
8.2 APPLICABILITY:
a. All protected trees that must be altered to construct the required and permitted improvements
based on the City Council approved Tree Conservation Plan are exempted from the tree
replacement and protection requirements of this section. Such improvements may include
building pads, required parking areas, driveways, fire lanes, streets, and required utility and
drainage infrastructure that are required by City ordinances and have been approved by the
appropriate boards or officers of the City.
b. Any protected trees within a building footprint that the approved Tree Conservation PIan
determines do not have to be altered shall be subject to the tree protection requirements
contained in Section 9.8 of this Ordinance.
C. All other areas of the proposed development, including areas in utility easements and areas
designated for cut/fill for any purpose other than required drainage and infrastructure
improvements, shall be subject to both the tree protection and tree replacement requirements of
this Ordinance.
d. For residential development, the building pad may be constructed at the same time as the
installation of the infrastructure if it provides a greater benefit to the environment and the
grading plans have been approved for both the installation of the infrastructure and the building
pad. If the building pad or footprint of the building is modified from the original plan, the
owner shall be required to mitigate any trees previously removed if the Administrative Official
determines that the removal of the trees would not have been required but for the modification.
e. Prior to the issuance of an earth disturbance permit for a single lot residential development, the
Administrative Official shall ensure that:
The proposed building and site plans meet the conditions of the City Council approved
Tree Conservation Plan; and
ii. Given the limitations of required setbacks, proposed building footprints, and
improvements, the applicant has limited the impact on all protected trees on the site to the
greatest extent possible.
8.3 TEMPORARY ACCESS AND CONSTRUCTION EASEMENTS:
a. A person commits an offense if the person owns real property and permits access across the
person's property or grants a temporary access or construction easement across the owner's
property if such right of access or easement intersects or comes within ten (10) feet of the
critical root zone of a protected tree.
b. It is a defense to prosecution for this offense that the Administrative Official determines that an
easement is the only reasonable means of access to the property being developed. If so, the
Administrative Official shall ensure that such an easement is of minimal size and situated within
a location designed to minimize tree damage and impact on the natural environment while still
providing a reasonable avenue of ingress and egress for construction purposes to the adjoining
property.
Ordinance 585-D 16 Southlake Tree Preservation Ordinance
9.0 TREE REPLACEMENT AND TREE PROTECTION STANDARDS
9.1 GENERALLY: If required by Section 8.1, 8.2, or 8.3, the following procedures shall apply to any
person who alters a protected tree for which a permit is required. If a person alters a protected tree for
which a permit is required, the person shall replace the protected tree with an equivalent tree as
designated in the Landscape Ordinance and approved by the Administrative Official. This tree
replacement requirement is not meant to supplant good site planning. Tree replacement will be
considered only after all design alternatives which could save more existing trees have been evaluated
and reasonably rejected.
9.2, SIZE AND NUMBER A sufficient number of trees shall be planted to equal or exceed, measured in
DBH, the diameter of each tree altered. Each replacement tree shall be a minimum of three inch (3")
caliper at 6 inches above ground level, and seven feet in height when planted.
9.3. LOCATION: Each replacement tree should be planted on the same lot or tract as the tree which was
altered. However, if the replacement tree cannot be planted on the same lot or tract in accordance with
universally accepted arboricultural standards, the Administrative Official may require any or a
combination of the following:
a. replacement on other private property within the City of Southlake, with the approval of the
owners of both the property on which the protected tree was altered and the property on which
the replacement tree is to be planted. In such an instance, the owner of the property on which
the replacement tree is to be planted shall agree, in writing, to maintain the replacement tree to
the standards established in this Ordinance;
b. replacement on public property, or
C. payment to the Reforestation Fund as provided by Section 9.7, below.
9.4 RESPONSIBILITY FOR REPLACING PROTECTED TREE: The Administrative Official will
determine the time of replacement, and the location of the replacement trees and approve the agent
responsible for replacing a wrongfully altered protected tree. The requirement to replace trees shall be
binding upon the person subject to such order even if such person sells, assigns, or transfers the
property. In the event of such a sale, assignment or transfer of property, the person subject to such
order may either obtain the consent of the person to whom the property was sold, assigned or
transferred to permit the replacement on such property, or may make payment to the Reforestation
Fund as provided in this Ordinance.
9.5 TIME OF REPLACEMENT: Any replacement trees required to be planted must be planted not later
than ninety (90) days after the order of the Administrative Official, or within (30) thirty days of the
date any appeal from such order becomes final, provided, however, that the Administrative Official
may require the deferral of the planting of replacement trees up to an additional one hundred eighty
(180) days based on weather and other arboreal considerations, and further provided that the
Administrative Official may, upon request of the person subject to the requirement approve delaying
the planting of replacement trees up to an additional one hundred eighty (180) days if the person
subject to the order provides the City with a surety bond in an amount equal to the cost of purchasing
and planting such trees or pay this amount into the Reforestation Fund within the earlier of the
following: (1) within one hundred eighty (180) days of the last date approved for such delayed
planting, (2) the date of issuance of the first certificate of occupancy on any portion of the subject
property, or (3) other date as agreed by the City Council in an approved Tree Conservation PIan. The
surety bond must be issued by a company licensed to do business in the State of Texas and shall be
authorized by and approved by the City Attorney.
9.6 LONGEVITY AND DURATION: If a replacement tree dies within three years from the date it was
planted, the person subject to the requirement to plant the replacement tree must replace the dead tree
with another replacement tree within ninety (90) days of the order of the Administrative Official
Ordinance 585-D 17 Southlake Tree Preservation Ordinance
ordering such replanting. This requirement to replace trees shall be binding upon the person subject to
such order even if such person sells, assigns, or transfers the property. In the event of such a sale,
assignment or transfer of property, the person subject to such order may either obtain the consent of the
person to whom the property was sold, assigned or transferred to permit the replacement on such
property, or may make payment to the Reforestation Fund as provided in this Ordinance.
9.7 REFORESTATION FUND: A person required to comply with Section 9.1 and 9.4 may request to
make a payment to the Reforestation Fund or other specifically dedicated fund approved by the City
Council for such payments in accordance with the following requirements:
a. The amount of the payment required in lieu of each replacement tree shall be the average cost of
a quality tree of similar size and type to the replacement tree which would otherwise have been
required by this Ordinance, plus the cost of planting such a tree, as determined by the City
Council and provided in a fee schedule published by the City.
b. The funds shall be used only for purchasing and planting trees on private property approved by
the Administrative Official and the City Manager, on public property, for acquiring wooded
property, including Conservation Easements or Environmental Preserves which shall remain in
a naturalistic state in perpetuity, or for establishing a landscape or wildlife preserve or similar
nature area as approved by City Council.
C. The Reforestation Fund Administrator shall submit quarterly reports to the City Council of the
deposits and disbursements from the Reforestation Fund.
9.8 TREE PROTECTION PROCEDURES:
a. Unless otherwise exempted by this Ordinance, the following procedures shall apply to protect
any protected tree for which a permit is required.
b. All persons submitting construction plans shall insure that such plans comply with the
requirements of this Ordinance.
C. The following activities are prohibited within the limits of the critical root zone of any protected
tree subject to the provisions of this Ordinance.
i. Material Storage: No storage or placement of materials intended for use in construction or
waste materials accumulated due to excavation or demolition shall be placed within the
limits of the critical root zone of any protected tree.
ii. Equipment Cleaning/Liquid Disposal: No equipment shall be cleaned or other liquids,
including, without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar
materials deposited or allowed to flow into the critical root zone of a protected tree.
iii. Tree Attachments: No signs, wires or other attachments, other than those of a protective
nature, shall be attached to any protected tree.
iv. Vehicular Traffic: No vehicular and/or construction equipment traffic or parking shall take
place within the critical root zone of any protected tree other than on existing street
pavement. This restriction does not apply to single incident access within the critical root
zone for purposes of establishing the building pad and associated lot grading, vehicular
traffic necessary for routine utility maintenance, emergency restoration of utility service, or
routine mowing operations.
v. Grade Changes: No grade changes shall be allowed within the limits of the critical root
zone of any protected tree unless adequate protective construction methods are approved in
advance in writing by the Administrative Official.
Ordinance 585-D is Southlake Y)ee Preservation Ordinance
vi. Impervious Paving: No paving with asphalt, concrete or other impervious materials shall
be placed within the limits of the critical root zone of a protected tree except as otherwise
allowed in this Ordinance.
d. No heavy equipment, including but not limited to trucks, tractors, trailers, bulldozers, bobcat
tractors, trenchers, compressors, and hoists, shall be allowed inside the drip -line of any
protected tree on any construction site without prior written approval of the Administrative
Official.
e. The following procedures shall be followed on all types of construction projects (including
residential, commercial, and municipal I public domain projects).
Protective Fencing: Prior to the issuance of any building or earth disturbance permit, or
commencing construction, the owner, contractor or subcontractor shall construct and
maintain, for each protected tree on a construction site, a protective fencing which
encircles the outer limits of the critical root zone of the tree to protect it from construction
activity or in cases of heavily wooded sites, as approved by the Administrative Official.
ii. All protective fencing shall be in place prior to commencement of any site work and
remain in place until all exterior construction activity at the site has been completed.
iii. Protective fencing shall be at least four (4) feet high, clearly visible, and shall have a tree
protection sign affixed to the fence every twenty (20) feet in such a manner to be clearly
visible to workers on the site.
iv. The use of orange vinyl construction fencing or other similar fencing is generally
permitted only if there is no construction or vehicular activity within ten (10) feet of the
fence. If construction activity or vehicular traffic is expected within ten (10) feet of the
fence, the fence shall be constructed of chain link or other similar metal, wooden material
or semi -rigid vinyl tape fencing supported with a top support wire or equivalent support
material affixed to metal or wooden posts, all of which shall be six (6) feet in height.
V. All protective fencing shall be supported at a maximum of ten (10) foot intervals by
approved methods sufficient enough to keep the fence upright and in place for the
duration of the construction.
A. The owner shall cause the required fencing to be installed and maintained for the duration
of the construction.
vii. For permits involving trenching such as sewer services, irrigation systems or
underground electrical work, the applicant shall provide sufficient plans to provide
protection of the trees in the vicinity of the work.
viii. The "tree protection sign" tree preservation instruction detail sheet and approved tree
conservation plan shall be posted at each entrance to the subject property upon which one
or more trees subject to the permit is situated, and at any other location designated by the
Administrative Official.
ix. All of the above conditions must be adhered to and inspected by a city inspector prior to
the issuance of any permits.
f. In situations where a protected tree remains in the immediate area of intended construction and
the Administrative Official determines the tree bark to be in danger of damage by construction
equipment or other activity, the contractor or subcontractor shall protect the tree by enclosing
the entire circumference of the tree trunk with two (2) inches x four (4) inches lumber encircled
Ordinance 585-D 19 Southlake Tree Preservation Ordinance
with wire or other means that do not damage the tree. The intent is to protect the bark of the
tree against incidental contact by large construction equipment. The contractors shall comply
with the requirements of this Ordinance regarding bark protection.
g. Construction Methods:
i. Boring: Boring of utilities under the critical root zone of a protected tree shall be
required in those circumstances where it is not possible to trench around the critical root
zone of the protected tree. When required, the bore shall be a minimum depth of forty-
eight (48) inches.
ii. Grade Change: if the Administrative Official approves the grade change within the
critical root zone of a protected tree, the procedures noted in the City's standard detail
sheet shall be followed.
iii. Trenching: No trenching shall cross the critical root zone of any protected tree, unless
approved in writing by the Administrative Official or exempted from the application of
this Ordinance. Trenching within the critical root zone shall require the issuance of a tree
permit. The placement of underground utility lines is encouraged to be located outside of
the critical root zone of protected trees. Irrigation system lines shall be placed outside of
the critical root zone, except the minimum number of single head supply lines required to
irrigate within the critical root zone which is allowed within the critical root zone. Any
such irrigation line shall be installed along a horizontal line that bisects the tree trunk, in
the manner that has the least possible encroachment into the critical root zone, and that
extends no further into the critical root zone as is necessary to provide proper irrigation.
iv. Root Pruning: All roots two inches or larger in diameter which are exposed as a result of
trenching or other excavation shall be cut off square with a sharp medium tooth saw and
covered with pruning compound within two hours of initial exposure.
10.0 PUBLIC TREES
10.1 The City shall be responsible for the administration of all trees and associated vegetation located on all
municipal / public domain property, including public street right-of-ways, City owned parks and city
owned properties.
10.2 It shall be the responsibility of the Administrative Official to develop, and administer a written plan for
care, preservation, pruning, planting, removal or disposition of trees and associated vegetation on all
municipal / public domain property.
11.0 TREE PRUNING STANDARDS
11.1 PRUNING TECHNIQUE: All pruning shall be conducted in accordance with the most recent
Arboricultural Specifications and Standards of Practice of The International Society of Arboriculture
as published from time to time by the American National Standard for Tree Care Operations (ANSI
A300).
11.2 REQUIRED PRUNING: The owner of land abutting on any public street right-of-way shall be
required to provide reasonable and routine care of trees and vegetation in or adjacent to the right-of-
way, and shall promptly take action to remove all dead, diseased or hazardous trees, or broken or
decayed limbs which may constitute a threat or danger to the safety of the public. Such owners shall
maintain a minimum clearance of fourteen feet (14) above the traveled pavement or curb of a public
street or as approved by the Fire Marshal and a clearance of eight feet (S') above the surface of a
sidewalk.
Ordinance 585-D 20 Southlake Tree Preservation Ordinance
11.3 GROUND LEVEL CUTS: Where protected tree removal is allowed by this Ordinance, but the root
system of the tree to be removed is intertwined with the root system of any protected tree whose
removal is prohibited by this Ordinance, the tree shall be removed by flush cutting with the natural
level of the surrounding ground. Where stump removal is also desired, stump grinding shall be
allowed or, upon written approval by the Administrative Official, a trench may be cut between the two
trees sufficient to cut the roots near the tree to be removed, thereby allowing removal of the remaining
stump with minimal damage to the root system of the tree to be saved.
11.4 TREE TOPPING: It shall be unlawful for any person to top any tree without first obtaining a Tree
Permit, unless an exception listed in Section 5.3 of this Ordinance applies. If it is determined that
topping the tree is necessary because the tree has been severely damaged by storms or other causes, or
in a circumstance malting other pruning practices impractical as listed in Section 5.5 of this Ordinance,
a permit allowing the topping of a tree may be issued. However, tree replacement regulations may
apply.
12.0 TREE PLANTING AND REMOVAL STANDARDS
12.1 ACCEPTABLE TREES: The list of trees acceptable for planting on public property or on private
property to meet tree replacement requirements is set forth in Appendix B (attached to and fully
incorporated into this Ordinance). Trees other than those listed as acceptable may only be planted as
replacement trees only upon written approval of the Administrative Official.
12.2 STREET TREE SPACING: Any person planting a street tree shall comply with the requirements
contained in this Ordinance, and the spacing of street trees from the nearest intersecting curb shall be
based upon the street typology designation.
12.3 STUMP REMOVALS: All stumps of street and park trees shall be removed below the surface of the
ground so that the top of the stump shall not project above the surface of the ground, except that the
City may maintain wilderness or naturalistic areas in which naturally occurring stumps may be
permitted to extend above ground level.
12.4 OFFENSE: A person commits an offense if the person:
a. plants any required replacement tree within an area such that the mature canopy of the tree will
interfere with existing or proposed overhead utility lines;
b. plants any required replacement tree or street tree within an area such that the mature critical root
zone of the tree will interfere with existing or proposed underground public utility lines
(including water lines, sewer lines, transmission lines or other utilities), or such that the
installation and/or maintenance of such utility lines will, in reasonable probability, require
activity in the mature critical root zone of such tree;
C. plants a tree within an area such that the tree, when mature, can reasonably be expected to block
or interfere with a designated sight triangle area (either vertically or horizontally), unless
approved in writing in advance by the Administrative Official;
d. plants a tree within ten feet (10') of an existing or proposed fire hydrant unless approved in
writing by the Fire Department; or,
e. prunes, treats, removes, damages, or destroys any park tree unless the person has been authorized
by the City to do so. The City shall grant such authorization where the tree must be affected in
order to install or maintain a utility line or utility service line.
13.0 PENALTY FOR VIOLATION
13.1 CRIMINAL PENALTIES:
Ordinance 585-D 21 Southlake Tree Preservation Ordinance
a. Any person who: (1) violates Article 5 of this Ordinance by altering a protected tree without
first obtaining a tree permit from. the City, or by altering trees in violation of the permit, or (2)
violates Articles 8 or 9 of this Ordinance by failing to follow the tree replacement procedures
shall be guilty of a misdemeanor and upon conviction shall be fined Two Hundred Dollars
($200.00) per diameter inch of the tree(s) altered, not to exceed Two Thousand Dollars
($2,000.00) per violation. The unlawful alteration of each protected tree shall be considered a
separate incident and each incident subjects the violator to the maximuwn penalty set forth
herein for each tree. A person is criminally responsible for a violation of this Ordinance if the
person alters, or permits or causes to be altered, a protected tree without complying with the
requirements of this Ordinance.
b. A person who violates any provision of Article 10 or 11 of this Ordinance shall be guilty of a
misdemeanor and upon conviction shall be fined an amount not to exceed Two Thousand
Dollars ($2,000.00).
13.2 CIVIL PENALTIES: Any person who: (1) violates Section 5.2 of this Ordinance by altering a
protected tree without first obtaining a tree permit from the City, or by altering a tree in violation of the
permit, and (2) violates Article 9 of this Ordinance by failing to follow the tree replacement
procedures, shall be assessed a civil penalty equal to Two Hundred Dollars ($200.00) per diameter
inch of the tree(s) altered, not to exceed Two Thousand Dollars ($2,000,00) per incident. The
alteration of each protected tree shall be considered a separate incident and each incident subjects the
violator to the maximum civil penalty set forth herein for each tree. The civil penalties assessed shall
not exceed two times the amount of the payment the person would be required to make into the
Restoration Fund or other specifically dedicated fiord as provided in Section 9.7.
13.3 PROCEDURES FOR ASSESSING CIVIL PENALTIES:
a. The Administrative Official shall calculate the amount of the civil penalties as provided for in
this Article. Before assessing any civil penalties as provided in this section, the Administrative
Official shall send written notice to the person who violated this Ordinance by personal delivery
or certified mail, return receipt requested. The notice shall contain:
i. a statement of the violations of this Ordinance for which a civil penalty is being sought;
ii. if possible, a statement of the amount of the civil penalties to be assessed;
iii. a statement that the person may request an administrative hearing before the City Manager
to challenge the assessment of the civil penalty;
iv. a statement that if an administrative hearing is not timely requested as provided in this
section, or the trees replaced or payment made pursuant to Article 9, civil penalties will be
assessed.
A person may request an administrative hearing before the City Manager by filing a request for
a hearing with the City Manager within 15 days after the notice provided for in subsection (a) is
delivered. Within ten (10) days of the receipt of the request, the City Manager shall set a time
and place for a hearing on the appeal which shall be not later than thirty (30) days from the date
of receipt of the request.
C. Not less than 10 days prior to the date on which the administrative hearing is set, the property
owner shall be sent a notice of the hearing by personal delivery or certified mail/return receipt
requested. The notice shall contain the date, time and place of the hearing and the information
specified in subsections (a)(i) and (ii),
Ordinance 585-D 22 5outhlake Tree Preservation Ordinance
14.0
d. After giving the property owner an opportunity to be heard, the City Manager shall weigh all
evidence presented and determine whether to assess civil penalties. If civil penalties are
assessed, the City Manager shall sign a written order setting forth the amount of the civil
penalty. In determining the amount of the civil penalty, the City Manager shall take into
consideration the cost of replacement of protected trees.
e. A civil penalty under this section is final and binding and constitutes prima facie evidence of
the penalty in any suit. The City Secretary shall file with the district clerk of the county in
which the property is located, a certified copy of the order assessing the civil penalty stating the
amount of the penalty.
The City Attorney is authorized to file suit to enforce collection of a civil penalty assessed under
this Article.
14.1 DEVELOPER'S AGREEMENT: The City shall not approve a developer's agreement unless the
developer's agreement provides that all construction activities shall meet the requirements of this
Ordinance, including any conditions placed by City Council at the time of approval of the Tree
Conservation Analysis or Tree Conservation Plan.
14.2 BUILDING PERMIT: No building permit shall be issued unless the applicant signs an application or
permit request which states that all construction activities shall meet the requirements of this
Ordinance. The Building Official shall make available to the applicant upon request:
a. a copy of the Tree Preservation Ordinance or a condensed summary of the relevant aspects
pertaining to the type of permit requested; and
b. tree protection sign(s) in such quantity as required by this Ordinance.
14.3 ACCEPTANCE OF IMPROVEMENTS AND ISSUANCE OF PERMITS: The City may refuse to
accept any public improvements or issue any permits or certificates relating to the subject property
until the applicant meets all requirements and pays all civil penalties and other monetary obligations
assessed for violations of this Ordinance, provided, however, that acceptance of public improvements
and issuance of permits may be authorized if, with the Administrative Official's approval, the person
furnishes the City with a cash deposit or surety bond in a sufficient amount to satisfy all civil penalties
and monetary obligations assessed and, if any obligation to plant replacement trees applies, to pay to
the City the approximate amount of the cost to replace the trees, as provided in the current schedule
established by the City. Neither the acceptance of public improvements nor the issuance of any
permits or certificates shall constitute a waiver of any violation, a compromise or satisfaction of any
fines, penalties, or other obligations, or otherwise prevent the City from enforcing the terms of this
Ordinance.
14.4 CERTIFICATE OF OCCUPANCY: No Certificate of Occupancy ("C.O.") shall be issued until
applicant meets all requirements and pays all civil penalties and other monetary obligations assessed
for violations of this Ordinance, provided, and until all replacement trees required to be planted due to
violations of this Ordinance by the applicant have been planted or appropriate payments have been
made to the Reforestation Fund; provided, however, that a Certificate of Occupancy may be granted
before all trees have been replaced if, with the Administrative Official's approval, the person furnishes
the City with a cash deposit or surety bond in a sufficient amount to satisfy all civil penalties and
monetary obligations assessed and, if any obligation to plant replacement trees applies, to pay to the
City the approximate amount of the cost to replace the trees, as provided in the current schedule
established by the City.
14.5 ILLUSTRATIVE NATURE OF TREE TECHNICAL MANUAL: The illustrative portions of the Tree
Technical Manual are for informational purposes only, and to the extent of any conflict between the
Ordinance 585-D 23 Southlake Tree Preservation Ordinance
terms of this Ordinance and other material in the manual, the terms of this Ordinance shall control, and
reliance upon any illustrative material shall not be a defense in any action, whether civil or criminal, to
enforce this Ordinance.
15.0 APPEALS AND VARIANCES
15.1 APPEALS:
a. A person affected by an interpretation or decision of the Administrative Official under this
Ordinance may appeal to the Tree Board. Such appeal must be received in writing within ten
(10) days after the interpretation or decision has been rendered in writing and delivered to the
property owner, or within ten (10) days of the postmark date if the decision was sent in U.S.
Mail to the property owner. The person shall file the appeal with the Administrative Official
and must describe the both the decision being appealed and the specific grounds on which the
appeal is based, including references to relevant provisions in the ordinance on which such
appeal is based.
b. The Administrative Official shall then schedule a hearing of the appeal at the next available
Tree Board meeting and transmit all the documents pertaining to the appeal to the Tree Board
at a reasonable time prior to the meeting. The Tree Board shall hear the appeal to determine
whether the decision of the Administrative Official was in accordance with all the provisions of
this Ordinance. The decision of the Tree Board shall be final. No decision of the City Council
can be appealed to the Tree Board.
C. If the Tree Board affirms the decision of the Administrative Official, the applicant shall amend
the approved concept, development, or site plan or plat to conform to the requirements of this
Ordinance within thirty days of the Board's decision. If the Tree Board overturns the decision
of the Administrative Official, the development application or plat shall conform to the Board's
decision.
15.2 VARIANCES:
a. The City Council may authorize a variance to any provision of this Ordinance following a
recommendation from the Planning and Zoning Commission. A request for a variance to any
provision in this Ordinance shall be accompanied by a Tree Conservation Analysis or Tree
Conservation Plan as outlined in Article 6, or other documentation requested by the
Administrative Official, and the following factors shall be considered in evaluating the variance
request:
Whether a literal enforcement of the Ordinance will create an undue hardship or an
unreasonable practical difficulty on the applicant;
I Whether the situation causing the unnecessary hardship or practical difficulty is unique
to the affected property and is not self-imposed;
iii. Whether a reasonable accommodation or alternative solution can be made to accomplish
the desired activity without the alteration of the tree;
iv. Whether the variance will injure or be wholly compatible with the use and future or
existing development of adjacent properties;
V. Whether the increased development costs caused by preserving the tree create an undue
hardship on the development of the site;
vi. Whether there is any identified adverse effect of the alteration or preservation on
erosion, soil moisture retention, flow of surface water, and drainage systems;
Ordinance 585-D 24 Southlake Tree Preservation Ordinance
vii. Whether there is any substantial impact to the buffering of residential areas from the
noise, glare, and visual effects of non-residential uses;
viii. The costs versus the benefits of relocating required utility service infrastructure and
casements based on preservation or alteration of protected trees;
ix. Whether the proposed tree replacement procedures adequately mitigate the alteration of
the tree;
X. Whether the alteration adversely affects the public health, safety or welfare; and
xi. Whether the granting of the variance will be in harmony with the spirit and purpose of
this Ordinance to the greatest degree reasonably possible.
b. A person requesting a variance from the provisions of this Ordinance shall do so in writing to
the Administrative Official. All variance requests shall be accompanied by a completed
application and non-refundable filing fee in the amount specified in the current fee schedule
adopted by City Council. In absence of such a fee schedule, the filing fee shall be $250.
C. The Administrative Official shall then schedule a hearing of the variance at the next available
Planning and Zoning Commission meeting and transmit all the documents pertaining to the
appeal to the Planning and Zoning Commission at a reasonable time prior to the meeting. The
Planning and Zoning Commission shall hear the variance to determine whether it should be
granted or denied, and make a recommendation to the City Council. After the Planning and
Zoning Commission makes its recommendation, the decision was in accordance with all the
provisions of this Ordinance. The Administrative Official shall then request that the City
Manager schedule a hearing of the variance at the next available City Council meeting and
transmit all the documents pertaining to the appeal to the City Council at a reasonable time
prior to the meeting. The City Council shall hear the variance to determine whether it should
be granted or denied, and the decision of the City Council shall be final
16.0 SEVERABILITY
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs
and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this
Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council
without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
17.0 CONFLICTING ORDINANCES
This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City; and this
Ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions
thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such
conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed except as follows.
Specifically, Section 3.4 of Ordinance No. 585-A, which provides that all developments which have not
submitted final construction plans as of December 17, 1997 shall be subject to the requirements for tree
protection and replacement specified in said Ordinance, is saved from repeal, so that it will continue to apply
to projects in construction. Further, the first sentence in Section 3.5 c. of Ordinance No, 585-A, which
provides that all builders who have not submitted a request for a building permit as of December 17, 1997 are
subject to the requirements of the Ordinance, is hereby saved from repeal. Said sections shall continue in full
force and effect for such purpose. Further, the provisions of Ordinance No. 585-B shall continue to be
Ordinance 585-D 25 Southlake Tree Preservation Ordinance
effective and applicable to those developments as described in and set forth in Section 20. Such provisions
shall continue in full force and effect for such purpose.
18.0 SAVINGS CLAUSE
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the
provisions of any ordinances affecting the regulations for the preservation of trees that have accrued at the
time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
19.0 PUBLICATION CLAUSE
The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption
and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10)
days before the second reading of this Ordinance, and if this Ordinance provides for the imposition of any
penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally
publish this Ordinance in the official City newspaper one time within ten (10) days after passage of this
Ordinance, as required by section 3.13 of the Charter of the City of Southlake.
20.0 EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage and publication as required by law,
and it is so ordained. A person who has applied for approval of a preliminary plat, development plan,
concept plan or site plan before the effective date of this Ordinance shall be required to comply with the
provisions of Ordinance No. 585-B and shall not be required to comply with the requirements imposed by
this Ordinance unless one of the following occurs:
20.1 An application for preliminary plat approval for the project being developed was filed before September
1, 2005 and expires without a final plat being approved on or before the second anniversary of the date
of approval of the preliminary plat; or if a final plat is approved on a portion of the property, the
remaining property included within the plat expires without a final plat being approved on or before
the first anniversary of the date of approval of a portion of the preliminary plat;
20.2 The project being developed was initiated by a preliminary plat application filed on or after September
1, 2005, but no progress has been made on the project before the second anniversary of the date of the
application. For purposes of this section, "progress" shall have the meaning described in Tex. focal
Gov't Code Sec. 245.005 (Vernon 2005); or
20.3 The project is abandoned or significantly altered such that it is a new project. For purposes of this
Ordinance, a project shall be deemed to be abandoned or altered in the event the applicant files an
application for approval of another permit for the property for which a project is pending and the
permit sought is for different uses or for a different configuration of the property.
20.4 Should the conditions in any subsection set forth above be met, or should the applicant request, the
provisions of this Ordinance shall be controlling and shall apply to the applicant's project.
Ordinance 585-D 26 Southlake Tree Preservation Ordinance
PASSED AND APPROVED on the 1st reading the 6f`` day of November, 2007.
MAYOR °, I
ATTEST:
aidd
ACC CITY S CRETARY
PASSED AND APPROVED on the 2nd reading the 20t' day of November, 2007.
MAYVK
ATTEST: 6r....
�q CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY,
Ordinance 585-D 27 Southlake Tree Preservation Ordinance
APPENDIX A
Requirements for Alternative to Tree Surveys and Tree Surveys
Requirement
Alternative to a
Tree Survey
Tree Surve
1. Appropriate title
Yes
Yes
2. Title Block with project name, address, lot and block number, subdivision,
Yes
Yes
city, and date of preparation
3. North arrow, graphic, and written scale no larger than I" = 200'
Yes
Yes
4. Prepared by licensed surveyor, landscape architect, or other person as
No
Yes
approved by the Landscppe 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 501.view sheds ponds, wetlands, etc.
8. Aerial photography of the site showing existing tree canopy on the site
Yes
No
clearl
9. All individual trees shown on a plan tied by horizontal control (i.e.
No
Yes
dimensions from lot lines, or placed through coordinates determined via a
site survey
10, Tree preservation areas as identified by a Tree Conservation Analysis or
Yes
Yes
Tree Conservation Plan
11. All individual protected trees shown with the caliper size and species
No
Yes
12. All protected tree stands with average caliper sizes of trees and species
Yes
No
distribution
13. Location of all improvements proposed on the lot (buildings, parking lots,
Yes*
Yes
pools, etc.
14. Areas of cut and fill, if any, on the site
No
Yes
15. Final grading and drainage plans
No
Yes
16. Status of all individual trees on the lot after proposed improvements have
No
Yes
been made (trees that protected, removed, or can possibly be saved based
upon site specific conditions
17. General status of tree stands on the lot after proposed improvements have
Yes
No
been made (trees that protected, removed, or can possibly be saved based
upon sitespecific conditions
18. Identification of existing vegetative buffers adjoining existing development
Yes
Yes
19. Stream/creek buffers, if any
Yes
Yes
20. 2-foot contours
Yes
No
21. 1-foot contours for non-residential development only)
No
Yes
* Required for site plans only.
Ordinance 585-D 28 Southlake Tree Preservation Ordinance
APPENDIX B
RECOMMENDED TREE PLANTING LIST
Common Name
Botanical Name
Pecan
Carya illinoensis
Cedar Elm
Uhnus crassifolia
Shumard Red Oak
Quercus shumardii
Texas Red Oak
Quercus texana
Live Oak
Quercus virginiana
Bur Oak
Quercus macrocarpa
Post Oak
Quercus stellata
Black Jack Oak
Quercus marilandica
Lacebark Elm
Uhnus parvifolia
Chinese Pistache
Pistacia chinensis
Sweetgum
Liquidambar styracitlua
Austrian Pine
Pinus nigra
Chinquapin Oak
Quercus muhlenbergii
Southern Magnolia
Magnolia grandiflora ,
Bald Cypress
Taxodium distichum
Caddo Maple
Acer barbatum'Caddo'
Texas Hickory
Carya texana
Western Soapberry
Sapindus dru=ondii
Red Cedar
Juniperus virginiana
American Elm
Uhnus amiricana
Ordinance 585-D 29 Southlake Tree Preservation Ordinance
CITY OF
SOUTHLAK
13
City of Southlake
REQUEST FOR PROPOSALS
Proposal Reference Number: RFP 1409B200TS 140012
Project Title: Provide Tree Services for City of Southlake
Proposal Closing Date: 3:00 P.M.(CST), Friday, November 14, 2014
TABLE OF CONTENTS
Tableof Contents................................................................................................................................ Page 1
Request for Proposals
(1) Introduction.............................................................................................................................. Page 2
(2) Definitions................................................................................................................................ Page 2
(3) General Information................................................................................................................. Page 3
(4) RFP Withdrawals and/or Amendments.................................................................................... Page 3
(5) Proposal Submittal Requirements............................................................................................ Page 3
(6) Proposal Evaluation and Contract Award ............................... ........... Page 4
......................................
Appendix A — Scope of Services
(1) Project Title..............................................................................................................................Page 6
(2) Scope of Services Contact........................................................................................................Page 6
(3) Special Conditions....................................................................................................................Page 6
(4) Proposal Evaluation Factors..................................................................................................... Page 6
(5) Brand Manufacture Reference................................................................................................... Page 6
(6) Key Events Schedule................................................................................................................ Page 6
(7) Scope of Services..................................................................................................................... Page 6
Appendix B — Proposal
(-) Label Format for Submittal Packet's Sealed Envelope............................................................. Page 9
I Required Proposal Information
(1) Proposed Product................................................................................................................... Page 10
(2) Cost of Proposed Product....................................................................................................... Page 10
(3) Term of Contract and Option to Extend................................................................................. Page 10
(4) Proposer's Experience / Staff................................................................................................. Page 13
(5) References.............................................................................................................................. Page 14
(6) Trade Secrets and/or Conf dential Information...................................................................... Page 15
(7) Cooperative Governmental Purchasing Notice ................................................. ...... Page 15
...............
(8) Federal, State and/or Local Identification Information......................................................... Page 15
11 Contract Terms and Conditions
(1) Delivery of Products and/or Services.................................................................................... Page 15
(2) Miscellaneous........................................................................................................................ Page 16
(3) Financial Responsibility Provisions ..................... .............. ................. .... ....................... I...... Page 16
AppendixC — Form CIQ................................................................................................................ Page 18
Appendix D — No Intent to Submit Form...................................................................................... Page 21
Attachment'A' — Ordinance # 585D...........................................................................................................
City of Southlake - RFP1409R200TS140012 - Page 1 of 21
Southlake, Texas
Request for Proposals
1. Introduction
A. Proiect Overview: The City of Southlake is requesting Proposals with the intent of awarding a
contract for the purchase of goods and services contained in Appendix A — Scope of Services.
B. uestions: 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. Acknowledge__ment_o_f 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 CIQ); A person or business, and their agents, who seek to
contract or enter into an agreement with the City, are required by Texas Local Government Code,
Chapter 176, to file a conflict of interest questionnaire (FORM CIQ) which is found in Appendix
C. The form must be filed with the City Secretary no later than seven (7) days after the date the
person or business begins contract discussions or negotiations with the City, or submits an
application, response to a request for proposals or bids, correspondence, or other writing related to
any potential agreement with the City.
2. Definitions
Proposal: The signed and executed submittal of the entirety of Appendix B — Proposal.
Proposer: The Proposer and the Proposer's designated contact signing the first page of the Proposal.
City of Southlake "Ci " : The City of Southlake, Texas.
City Secretary's Office: The office of the City Secretary of the City, located at 1400 Main Street, Suite
##270, Southlake, Texas 76092. PH: (817) 748-8016; Fax: (817) 748-8270.
City of Southlake - RFP1409B200TS140012 - Page 2 of 21
Project: The name of this Request for Proposals as identified on the cover sheet and first page of
Appendix A -- Scope of Services.
Purchasing Manager: The City of Southlake Purchasing Manager is Timothy Slifka CPPO, CPPB,
Phone: (817) 748-8312, E-Mail: tslif QQci.southlake.tx.us; Fax (817) 748-8048.
Request for Proposals (RFP): The entirety of this document, including all Appendices and Addenda.
Scope of Services: The entirety of Appendix A — Scope of Services.
3. General Information
A. Tax Exempt Status: City purchases are exempt from State Sales Tax and Federal Excise Tax. Do
not include tax in the Proposal. City will furnish Excise Tax Exemption Certificate upon request.
B. Public Inspection of Proposals: The City strictly adheres to the Texas Public Information Act
(Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations,
and laws regarding the disclosure of RFP information. Proposals are not available for public
inspection until after the contract award. If the Proposer has notified the City, in writing, that the
Proposal contains trade secrets or confidential information, the City will generally take reasonable
steps to prevent disclosure of such information, in accordance with the Public Information Act.
This is a statement of general policy only, and in no event shall the City be liable for disclosure of
such information by the City in response to a request, regardless of the City's failure to tape any
such reasonable steps, even if the City is negligent in falling to do so.
4. RFP Withdrawals and/or Amendments
A. RFP Withdrawal: The City reserves the right to withdraw this RFP for any reason.
B. RFP Amendments: The City reserves the right to amend any aspect of this RFP by formal written
Addendum prior to the Proposal submittal deadline and will endeavor to notify all potential
Proposers that have registered with the City, but failure to notify shall impose no obligation or
liability on the City.
5. Proposal Submittal Requirements
A. Submittal _ Packet _- Required Content: All proposals must be submitted electronically. The
Proposer must visit www.securebidusa.com and register. Once registered for this complimentary
service, the Proposer may submit Proposal Documents electronically by selecting the appropriate
Proposal Identification.
B. Submittal Deadline: The deadline for submittal of Proposals shall be as identified on page 9
(nine) of Appendix B-Proposal. It is the Proposer's responsibility to have the Proposal Documents
correctly electronically submitted by the submittal deadline. No extensions will be granted and no
late submissions will be accepted.
C. Proposals Received Late: Proposers are encouraged to submit their proposals as soon as possible.
The time and date of receipt as recorded within the SecureBid electronic system shall be the
official time of receipt. The City is not responsible for late submission regardless of the reason.
Late Proposals will not be considered under any circumstances.
D. Alterations or Withdrawals of Proposal Document: Any submitted Proposal may be withdrawn or
a revised proposal substituted prior to the submittal deadline. Proposal Documents cannot be
City of Southlake - RFP1409B200TS140012 - Page 3 of 21
Contact: Russell Simpler
Phone:(817) 501-6210
Email: russelfCfsmithlawnandtree.com
FOR IMMEDIATE RELEASE
LOCAL LANDSCAPE COMPANY RECOGNIZED BY ANGIE'S LIST
FORT WORTH, Texas (January 1, 2010) — Smith Lawn and Tree is proud to announce today that the
company received a SUPER SERVICE AWARD from Angiie's List. for achieving and maintaining a superior
service rating throughout the 2009 season. To receive such a distinction, a company must achieve and
maintain a superior service rating throughout the previous year. A company must be able to demonstrate
that the landscape is maintained at a high degree of quality. "Maintaining the exterior landscape for all of
our clients is a responsibility bestowed to the dedicated staff of Smith Lawn and Tree and we don't take it
lightly," states Russell Simpler, Managing Partner of Smith, "Our company truly strives to be one of the
best in the Green Industry and is proud to have been a part of this distinction. I fully expect our
organization to build on its reputation as a leader in our industry and in the Fort Worth community. "
Smith Lawn and Tree is a commercial and high -end residential landscape development and management
company with a wide range of customers, including corporate campuses, office and industrial buildings,
private schools, hotels, homeowner associations, retail centers, sports fields, and public spaces.
•o*
For more information about Smith Lawn and Tree contact Russell Simpler by phone at: 817.921.2222,
via e-mail at: russell(alsmithlawnandtree.com or by mail at: P.O. Box 11493 Fort Worth, TX 76110.