HomeMy WebLinkAbout1992-08-11; City Council; 11836; APPROVAL OF CONSULTANT AGREEEMENT FOR THE STREET TREE INVENTORY, SOFTWARE PROGRAM, AND STREET TREE MAINTENANCE MASTER PLANT
0 LuI
Si IK Q ft
z 0 F 0 a
d 0
3 8
z
Cw OF CARLSBAD - AGEaA BILL z/ ( 4 b
DEPT AB # I/, (2-36 TITLE: APPROVAL OF CONSULTANT AGREEMENT FOR
MTG. 8-//-9% PROGRAM, AND STREET TREE MAINTENANCE CITY
DEPT. BIR MASTER PLAN CITY
RECOMMENDED ACTION:
THE STREET TREE INVENTORY, SOFTWARE
Adopt Resolution No. q2 - $6 3, approving a consultant agreement with Urbz
Forestry Consultants for the development of a Street Tree Inventory, Managemei
Software System and a Street Tree Maintenance Master Plan.
ITEM EXPLANATION:
In the 1991 - 1992 Street Tree Assessment budget the City Council approved fundin
for the establishment of a Street Tree inventory, a Management Software Program an
a Street Tree Maintenance Master Plan. The survey will document and inspect eve1
tree in the public right of way. Another feature is a software program to manage ar
record all work and related data on City trees. The third portion of this project is th
development of a Street Tree Master Plan which will recommend necessar
maintenance, identify problem trees, establish pruning cycles, outline a tre
replacement program and provide various management tools, to improve street tre
maintenance practices.
City staff assembled a detailed scope of work and solicited Requests for Proposal
from qualified tree consulting firms. The City received three responses to the Reque:
for Proposal. A selection committee consisting of staff from Information System:
G.I.S. and Parks and Recreation reviewed the proposals. The committee selected tw
firms for a final interview. The two companies were:
The Davey Resource Group
. Urban Forestry Consultants
On June 2, 1992 the selection committee convened, received presentations an
interviewed the two finalists. Following the interviews, the selection committe
identified the firm of Urban Forestry Consultants as the firm most qualified to provid
the Street Tree Inventory, Software Program and Street Tree Master Plan for thi
project.
Staff has completed negotiations with the recommended firm. An agreement with
detailed scope of work, schedule and fee proposal is attached (EXHIBIT 2) and sta
recommends approval of the consultant.
The Street Tree Management Program will be developed in four phases. The first WI
be the data collection on all City trees. This phase will inspect every City street ani
median tree and log pertinent information about each tree into a program. Th
second area is the development of a software program to monitor all the subjec
trees. The information will provide work records, citizen requests, tree replacement
required, vacant tree areas, hardscape conditions and all related issues concernin1
trees. The information then will be analyzed and a Street Tree Master Plan developec
The Master Plan will provide information on recommended pruning cycles, tre
replacement programs, hardscape management (in relation to street trees), specie
w 0
management (in relation to street trees), species selection and a comprehensive
street tree management program. The fourth phase involves technical support for the
project for a two year period contingent upon Council approval, the Urban Forestry
Consultant team will use available City data and provide information compatible to thc
City’s G.I.S. System.
The information submitted by Urban Forestry will enable the Parks and Recreatior
Department to better manage the Street Tree Program.
FISCAL IMPACT:
In 1991-92 the City Council appropriated $50,000 to fund this project. As of
June 30, 1992 no funds had been expended, and Council directed staff to carry ovei
the appropriation into 1992-93 fiscal year. Staff is asking Council to authorize the
expenditure of approximately $30,100 from this appropriation to support the proposec
work program. The attached scope of work includes services for all phases of thl
project.
Council is aware that the debate over the State budget is not over, and decision
made later in this year may significantly affect the City’s fiscal position. Since thi
project is being funded from prior year funds there is no dedication of currer
revenues required for its support. Council should be able to move forward with thl
Street Tree Inventory without jeopardizing other City services, even in the event c
serious budget cuts. Also, the contract for services is cancelable upon a 30 da
notice should Council find that fiscal concerns force a halt to the project.
EXHIBITS:
I. Resolution No. sa- A 5 ,$- approving a consultant agreement with Urbai
Forestry Consultants for a Street Tree Inventory, software program, Street Tre
Master Plan and technical training.
2. Consultant Agreement
rl
1
2
3
4
5
6
7
8
9
10
11
12
l3
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
w 0
RESOLUTION NO. 92-252
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A CONSULTANT
AGREEMENT WITH URBAN FORESTRY CONSULTANTS FOR
A STREET TREE INVENTORY, A TREE MANAGEMENT
SOFTWARE PROGRAM, A URBAN FOREST MASTER PLAN
AND TWO YEARS TECHNICAL COMPUTER SUPPORT.
WHEREAS, the City Council of the City of Carlsbad has determined '
necessary and desirable, and has appropriated funds in the 1991 - 1992 Strec
Tree Assessment District budget monies for the implementation of a Street Tre
Inventory, Tree Management Software Program, Urban Forest Master Plan an
related technical support for two years; and
WHEREAS, Request for Proposals were solicited, finalists selectet
interviews completed, and a consultant agreement negotiated with th
recommended firm of Urban Forestry Consultants of Irvine, California and
WHEREAS, the recommended firm possesses the necessary skill
background and expertise to accomplish the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
1 Carisbaa, California, as follow:
1.
2.
Thet the above recitations are true and correct
That a consultant agreement with the Urban Forestry Consultants is herel
approved and the Mayor is authorized and directed to execute SE
agreement. Following the execution of said agreement, the City Clerk
further authorized and directed to forward copies of the agreement to t
Parks and Recreation Department, Urban Forestry Consultants, attenti
Mr. Thomas A. Larson, P.O. Box 92. 6677 Marine Way, East lrvir
California, 92650
-
4
1
2
3
4
5
6
7
8
9
10
11
12
13
l4
15
16
17
18
19
20
21
22
23
24
25
26
27
28
v 0
PASSED, APPROVED, AND ADOPTED at a regular meeting
of the City Council of Carlsbad on the 11th of AUGUST of 1992,, by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton, Nyg
NOES: None
ABSENT: None
ATTEST:
AL$$$??%AU<NC&&n
1
w
August 18, 1992
Mr. Thomas A. Larson Urban Forestry Consultants Post Office Box 92
East Irvine, CA 92650
RE: Consultant Agreement for Street Tree Inventory, Software
The Carlsbad City Council, at its meeting of August 11, 1992, adopted Resolution No. 92-252, approving the Consultant Agreement with Urban Forestry Consultants for the Street Tree Inventory,
Software Program, and Street Tree Maintenance Master Plan.
In accordance with Section 25 of the agreement, you are required to file a Conflict of Interest Statement with the City Clerk. Anyone in the company who is working on this city project must file a Form
730, Statement of Economic Interests, and must report investments
and interests in real property, Disclosure Category 1, which
includes Schedules A, B, C-1, and C-2. Schedules D through H are
not applicable to your disclosure category.
Enclosed is a fully executed copy of the agreement and a copy of
Resolution No. 92-252 for your files. Also enclosed for your use
in meeting the filing requirements is Form 730 and Instruction Manual, and a copy of the Appendix to the Local Conflict of Interest Code. Upon request additional forms will be provided.
Your completed Assuminq Office Statement is due in the City Clerk's
Office no later than 5:OO p.m., on Friday, September 4, 1992.
If you have any questions, or need additional forms, please call me
at (619) 434-2917. d%a* CMC
Assistant City Clerk
KRK: ijp
Enclosures
Program, and Street Tree Maintenance Master Plan
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808
w 0
AGREEMENT
I
THIS AGREEMENT, made and entered into as of the 13 th day of
AUGUST , 1927 by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City", and Urban Forestry Consultanfs ,
hereinafter referred to as "Consultant".
RECITALS
City requires the services of a (horticultural/arborist) consultant to provide
the necessary data collection, software programs and interpretation services for
preparation of tree inventory, software programs and street and tree master plan
and Consultant possesses the necessary skills and qualifications to provide the
services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual
covenants contained herein, City and Consultant agree as follows:
1. CONSULTANT'S OBLIGATIONS
Perform a physical street tree and median tree inventory:
Listing of every street tree by a specific tree numbedaddress, a block
number sequence number, compass character, street name, cross street
1 Revised 7/1/5
v 0
1, cross street 2, genus species, common name (as per HO~~US third)
approximate age, healtWcondition of tree, height, spread, trunk
D.B.H. hardscape condition and rating, width of parkway or distance
to sidewalk/driveway/cur, utilities present, irrigation lines present,
soil type, maintenance needs (remove, remove stump, thin tree, raise
crown, lower height, add/replace tree).
. Listing of every site (address) which does not currently have a tree.
The tree inventory shall be recorded in a format compatible with .
City's G.I.S. System.
. All data shall be recorded and entered into a software program that
is easily retrievable.
2. Provide a computerized tree management software system. The program
must be compatible to City's COMPAQ computer (IBM compatible).
e Software shall include retrievable information by species address,
hardscape condition, height.
. Software shall have ability to: manage work records, provide
perpetual and global updating, provide specific maintenance
classification needs (task identification).
e Develop custom reports.
. Print tree data, work records, citizens requests and associated reports.
2 Revised 7/1/9
w e
. Generate lists by various factors which include, address, street,
species, work record, health codes, caliper, hardscape condition etc..
The program must be compatible with ASCII files and compatible.
3. Develop an Urban Forest Management Master Plan. The plan is to include;
an evaluation of existing tree inventory, recommendation for implementation
of long term maintenance program, a recommended tree replacement
program, development of tree maintenance pruning and planting
standards/specifications, recommended removal program, the development
of a street tree suitability list, a pruning cycle based on species type and
various other related maintenance information as required.
4. Provide technical support and training for two years. The training is to
include four days of hands on training at approximately 3 to 4 hours per day.
Training must be to the satisfaction of the Parks Superintendent. .All
upgrades to the software shall be included during this two year period. Two
copies of a reference manual or user manual for the software are also
required.
0
._
3 Revised 7/1/9
0, W
2. CITY OBLIGATIONS
The City shall provide all necessary maps, block segments used by G.I.S.,
existing assessment boundaries, ordinances covering street trees, department policies
as related to street tree maintenance and any other pertinent information available.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt
of notification to proceed by the City and be completed within 110 days of that
date. Extensions of time may be granted if requested by the Consultant and agreed
to in writing by the Parks Superintendent. The City will give allowance for
documented and substantiated unforeseeable and unavoidable delays not caused by
a lack of foresight on the part of the Consultant, or delays caused by City inaction
or other agencies' lack of timely action.
4. FEES TO BE PAID TO CONSULTANT
The total shall not exceed the fee payable according to paragraph 6, "Payment
of Fees," and shall be $30,054. No other compensation for services will be allowed
except those items covered by supplemental agreements per Paragraph 8, "Changes
in Work."
.-
4 Revised 7/1/5
@ m
5. DURATION OF CONTRACT
This agreement shall extend for a period of 110 days from date thereof. The
contract may be extended for two (2) additional one (1) year periods or parts
thereof, based upon satisfactory performance and the City's needs.
6. PAYMENT OF FEES
The City will make payments for the services in the following manner;
1. Completion of street tree inventory and acceptance, by quadrant,
based on number of trees $19,633
Installation of software and proven operation of system $5,000
Completion and acceptance of street tree master plan (evaluation and
recommendations) $3,611
Completion of training, acceptance of manuals and written guarantee
of 2 years service $1,810
2.
3.
4.
7. FINAL SUBMISSIONS
Within 20 days of completion and approval of the street tree inventory,
software programs, and master plan, the Consultant shall deliver to the City the
following items:
0 Inventory, software, street tree master plan
.-
5 Revised 7/1/5
a
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Consultant or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Consultant or the City may request a.
change in contract. Such changes shall be processed by the City in the following
manner: A letter outlining the required changes shall be forwarded to the City by
Consultant to inform them of the proposed changes along with a statement of
estimated changes in charges or time schedule. A supplemental agreement shall be
prepared by the City and approved by the City according to the procedures
described in Carlsbad Municipal Code Section 3.28.1 72. Such supplemental
agreement shall not render ineffective or invalidate unaffected portions of the
agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Consultant,
to solicit or secure this agreement, and that Consultant has not paid or agreed to
pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or
resulting from, the award or making of this agreement. For breach or violation of
this warranty, the City shall have the right to annul this agreement without liability,
or, in its discretion, to deduct from the agreement price or consideration, or
.-
6 Revised 7/1/!
e W
otherwise recover, the full amount of such fee, commission, percentage, brokerage
fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Consultant’s failure to prosecute, deliver, or perform the
work as provided for in this contract, the City may terminate this contract for
nonperformance by notifying the Consultant by certified mail of the termination of
the Consultant. The Consultant, thereupon, has five (5) working days to deliver
said documents owned by the City and all work in progress to the 1,200 C.U.D..
The Parks and Recreation Director shall make a determination of fact based upon
the documents delivered to City of the percentage of work which the Consultant has
performed which is usable and of worth to the City in having the contract
completed. Based upon that finding as reported to the City Manager, the Manager
shall determine the final payment of the contract.
._
7 Revised 7/1/5
0 w
12. DISPUTES
If a dispute should arise regarding the performance of work under this
agreement, the following procedure shall be used to resolve any question of fact or
interpretation not otherwise settled by agreement between parties. Such questions,
if they become identified as a part of a dispute among persons operating under the
provisions of this contract, shall be reduced to writing by the principal of the
Consultant or the City Parks and Recreation Director. A copy of such documented
dispute shall be forwarded to both parties involved along with recommended
methods of resolution which would be of benefit to both parties. The City, Parks
and Recreation Director or principal receiving the letter shall reply to the letter
along with a recommended method of resolution within ten (10) days. If the
resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining
the dispute shall be forwarded to the City Council for their resolution through the
Office of the City Manager. The City Council may then opt to consider the directed
solution to the problem. In such cases, the action of the City Council shall be
binding upon the parties involved, although nothing in this procedure shall prohibit
the parties seeking remedies available to them at law.
13. SUSPENSION OR TERMINATION OF SERVICES
.-
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or
termination, upon request of the City, the Consultant shall assemble the work
8 Revised 7/1/!
0 0
product and put same in order for proper filing and closing and deliver said product
to City. In the event of termination, the Consultant shall be paid for wcrk
performed to the termination date; however, the total shall not exceed the lump
sum fee payable under paragraph 4. The City shall make the final determination
as to the portions of tasks completed and the compensation to be made.
14. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Consultant’s
own way as an independent contractor and in pursuit of Consultant’s independent
calling, and not as an employee of the City. Consultant shall be under control of
the City only as to the result to be accomplished, but shall consult with the City as
provided for in the request for proposal.
The Consultant is an independent contractor of the City. The payment made to
the Consultant pursuant to the contract shall be the full and complete compensation
to which the Consultant is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Consultant. The City shall not be required to pay any
workers’ compensation insurance on behalf of the Consultant. The Consultant
agrees to indemnify the City for any tax, retirement contribution, social security,
overtime payment, or workers’ compensation payment which the City may be
required to make on behalf of the Consultant or any employee of the Consultant for
work done under this agreement.
.-
Revised 7/1/5 9
0 0
The Consultant shall be aware of the requirements of the tmmigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but
not limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REOUIREMENTS
The Consultant shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Consultant shall provide
all necessary supporting documents, to be filed with any agencies whose approval
is necessary.
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Consultant shall have the right to make one (1) copy of the plans for his/her
records. _-
10 Revised 7/1/92
0 0
17. REPRODUCTION RIGHTS
The Consultant agrees that all copyrights which arise from creation of the
work pursuant to this contract shall be vested in City and hereby agrees to
relinquish all claims to such copyrights in favor of City.
18. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims,
liabilities, penalties, fines, or any damage to goods, properties, or effects of any
person whatever, nor for personal injuries or death caused by, or resulting from, any
intentional or negligent acts, errors or omissions of Consultant or Consultant’s
agents, employees, or representatives. Consultant agrees to defend, indemnify, and
save free and harmless the City and its officers and employees against any of the
foregoing claims, liabilities, penalties or fines, including liabilities or claims by
reason of alleged defects in any plans and specifications, and any cost, expense or
attorney’s fees which are incurred by the City on account of any of the foregoing.
19. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
._
11 Revised 7/1/92
e m
20. SUBCONTRACTtNG
If the Consultant shall subcontract any of the work to be performed under this
contract by the Consultant, Consultant shall be fully responsible to the City for the
acts and omissions of Consultant’s subcontractor and of the persons either directly
or indirectly employed by the subcontractor, as Consultant is for the acts and
omissions of persons directly employed by consultant. Nothing contained in this
contract shall create any contractual relationship between any subcontractor of
Consultant and the City. The Consultant shall bind every subcontractor and every
subcontractor of a subcontractor by the terms of this contract applicable to
Consultant’s work unless specifically noted to the contrary in the subcontract in
question approved in writing by the City.
21. PROHIBmD INTEREST
No official of the City who is authorized in such capacity on behalf of the City
to negotiate, make, accept, or approve, or take part in negotiating, making,
accepting, or approving of this agreement, shall become directly or indirectly
interested personally in this contract or in any part thereof. No officer or employee
of the City who is authorized in such capacity and on behalf of the City to exercise
any executive, supervisory, or similar functions in connection with the performance
of this contract shall become directly or indirectly interested personally in this
contract or any part thereof.
.-
12 Revised 7/1/92
m 0
22. VERBAL. AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of
the City, either before, during or after the execution of this contract, shall affect or
modify any of the terms or obligations herein contained nor entitle the Consultant
to any additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all
terms, conditions, and provisions hereof shall insure to and shall bind each of the
parties hereto, and each of their respective heirs, executors, administrators,
successors, and assigns.
24. EFFECTnEDATE
This agreement shall be effective on and from the day and year first above
written.
25. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement with the City Clerk in
accordance with the requirements of the City of Carlsbad Conflict of Interest Code.
The Consultant shall report investments or interests in real property.
.-.
13 Revised 7/1/92
a W
26. INSURANCE
The Consultant shall obtain and maintain policies of general liability insurance,
automobile liability insurance, and a combined policy of worker‘s compensation and
employers liability insurance from an insurance company authorized to do business
in the State of California which meets the requirements of City Council Resolution
No. 91-403 in an insurable amount of not less than one million dollars
($1,000,000)” each, unless a lower amount is approved by the City Attorney or the
City Manager. This insurance shall be in force during the life of this agreement and
shall not be canceled without thirty (30) days prior written notice to the City sent
by certified mail.
....
....
....
....
....
....
.-
14 Revised 7/1/‘
e m
The City shall be named as an additional insured on these policies. The
Consultant shall furnish certificates of insurance to the City before commencement
of work.
Executed by Consultant this 2 ?LJ A day 07 & d
19y7 \y
CONSULTANT:
&~~N/e??T ET KDeOL.7ii~
(name of Consultant)
By:
(sign here) i/
7&?&5 4- /&f!zS??
(print name here)
/Z.z./~&N7
(title and organization of signatory)
CITY OF CAEUSBAD, a municipal
.- ATTEST:
Y&
ALETHA L. RAUTENKRANZ
City Clerk
15 Revised 7/1/C
* e 0
* (Proper notarial acknowledgment of execution by CONSULTANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering
that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY LQ. La,
City Attorney g//LJ9L.
.-
\WP51 \AGREEMS\CONSULT.DD
16 Revised 7/1/