HomeMy WebLinkAboutStaff Report 164-10City of Palo Alto
,City Manager's Report
TO: HONORABLE CITY COUNCIL 5
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: MARCH 15,2010 CMR:164:10
REPORT TYPE: CONSENT
SUBJECT: Approval of a Contract with Davey Resource Group in the Amount of
$156,894 for Street Tree Inventory -Data Integration and Analysis
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager to execute the attached
contract with Davey Resource Group, a division of Davey Tree Expert Company, in the amount
of $156,894 for Street Tree Inventory -Data Integration and Analysis, including $136,430 for
basic services and $20,464 for additional services (Attachment A).
BACKGROUND
In 2007 Council directed Public Works to develop a Street Tree Master Plan. An accurate tree
inventory is ali integral starting point for producing an effective plan. The City's current
inventory was generated in 1989 with inventory size, tree age, and condition changing over the
years. Also, arboricultural industry standards and technology have gone through many changes
since that time.
In 2007 the City applied for and was awarded a grant from State of California, Department of
Forestry and Fire Protection (Cal fire) in the amount of $120,000 with the City providing $39,000
in matching funds. The grant was delayed due to the State of California budget crisis and the
funds were finally released in October 2009. Due to the delay in funding for the grant the Calfrre
extended the project deadline to June 30, 2010.
DISCUSSION
As the urban forest continues to mature and individual properties continue to be developed the
City's trees have become increasingly impacted. The Urban Forest is a valuable asset worth
protecting. Current information will provide City staff the tools to develop a new street tree
management plan to ensure that a healthy, functional, species diverse, multi-aged canopy will be
in place to benefit the community well into the future. A verified geodatabase will provide
readily available point feature information for Public Works and other City departments so that
the tree resource can be protected and enhanced.
The work to be performed under this contract includes: performing a field assessment of tree and
site attributes for approximately 36,000 City street and park trees and updating this information
into the City's TreeKeeper® inventory and work order system; collecting GIS positioning data
CMR: 164: 10 Page lof3
on all the trees; and delivering a geodatabase that contains an updated and corrected version of
the City's street tree inventory. The Consultant will also create an i-Tree Streets Analysis and
Report based on the City tree inventory which will include an analysis of the data collected and
result in a written report that includes the structure, function, value and maintenance needs of the
City's tree resource. Please see Attachment A for the complete scope of services.
SELECTION PROCESS
A notice inviting formal proposals for the work was posted on the City's website and sent to six
contractors on January 21, 2010. The bidding period was 19 calendar days. Proposals were
received from 5 qualified consultants on February 9,2010.
Summary of Solicitation Process
Proposal DescriptionlNumber Street Tree Inventory-Data Integration and Analysisl
RFP#135076
Proposed Length of Project 15 weeks
Number of Proposals Mailed 6
Total Days to Respond to Proposal 19
Pre-proposal Meeting Date None
Number of Company Attendees at N/A
Pre-proposal Meeting
Number of Proposals Received: 5
$3.33-$3.45 per tree
Range of Proposal Amounts
Submitted
An evaluation committee consisting of three Public Works Operations Division staff reviewed
the proposals in their entirety and two Information Technology staff reviewed the portions of the
proposals related to GIS tree locations and data transfer. The committee reviewed each firm's
qualifications and submittals according to criteria identified in the RFP and unanimously selected
Davey Resource Group.
Davey Resource Group provided a well organized and clear proposal that addressed all of our
concerns, including a complete definition of tasks and related costs. They rated highest on all
criteria. They manage our current tree and work inventory system. Because of this they have a
clear understanding of our inventory and work history needs.
The scope of services requested a per tree price based on 31,000 trees which represents
approximately 85% of City trees. Since there is sufficient funding provided by the grant it was
determined that an inventory could include 100% of City trees with an estimated total of 36,000.
Grant guidelines require that this project be completed by June 30, 2010. The City has neither
the personnel nor the GIS expertise to complete this project by the deadline. The consultant has
extensive experience in performing projects of this nature.
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Grant guidelines require that this project be completed by June 30, 2010. The City has neither
the personnel nor the GIS expertise to complete this project by the deadline. The consultant has
extensive experience in perfoIming projects of this nature.
RESOURCE IMPACT
Funds for the City match in the amount of $29,000 are available in the FY 2010 Public Works
Operations operating budget. An additional appropriation of $10,000 City match and $120,000
grant amount for a total of $130,000 has been included in the FY 2010 Midyear Budget
Amendment Ordinance (BAO). Subsequent to the approval the final proposal only requires an
additional $7,894 for City match along with $120,000 for the grant for a total of $127,894. The
FY 2010 Midyear adjustments and BAO will come before full Council on April 2, 2010. The
City will be reimbursed up to $120,000 through Grant Agreement 8CA07911 with Cal Fire.
POLICY IMPLICATIONS
The approval of this contract is consistent with existing City policies.
ENVIRONMENTAL REVIEW
Work under this agreement consists of information collection and is categorically exempt from
review under Sectio1115306 of the California Environmental Quality Act.
ATTACHMENTS
Attachment A: Contract (includes Certification of Nondiscrimination)
Cal Fire Grant Agreement Attachment B:
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
CMR:164:10
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2irn<glr£lj~L
GLENN S. ROBERTS
Director of Public Works
Page 3 of3
ATTACHMENT A
ClITY OF PALO ALTO CONTRACT NO.: CI0135076
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
DA VEY RESOURCE GROUP
FOR PROFESSIONAL SERVICES
STREET TREE INVENTORY, DATA INTEGRATION AND ANALYSIS
This AGREEMENT is entered into on this . day of March, 2010, by
and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"),
and DAVEY RESOURCE GROUP, a Division of The Davey Tree Expert Company, a corporation
in the State of Ohio, located at 1500 North Mantua Street, Kent, OH 44240, with Western Region
Offices at 7627 Morro Road, Atascadero, CA 93422 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to update street tree inventory and GIS points ("Project") and desires to engage
a consultant to perform visual field assessments of City trees and their sites in connection with the
Project ("Services").
B.. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capabilio/, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULT ANT to provide the
Services as more fully described in Exhibit "A", attached to and made a part ofthis Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
DThe term of this Agreement shall be from the date of its full execution through
terminated earlier pursuant to Section 19 of this Agreement.
unless
OR
I2Sl The term ofthis Agreement shall be from the date of its full execution through completion ofthe
services in accordance with the Schedule of Performance attached as Exhibit "B" unless termmated
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services in accordance with the Schedule of Performance attached as Exhibit "B" unless terminated
earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part
ofthis Agreement. Any Services for which times for performance are not specified in this Agreement
shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner
based upon the circumstances and direction communicated to the CONSULTANT. CITY's
agreement to extend the term or the schedule for performance shall not preclude recovery of damages
for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit "A", including both payment
for professional services and reimbursable expenses, shall not exceed One Hundred Thirty-six
Thousand Four Hundred Thirty Dollars ($l36,430.00). fu the event Additional Services are
authorized, the total compensation for services and reimbursable expenses shall not exceed One
Hundred Fifty-six Eight Hundred Ninety-four Dollars ($156,894.00). The applicable rates and
schedule of payment are set out in Exhibit "C", entitled "COMPENSATION," which is attached to
and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit "c" . CONSULT ANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit "A".
SECTION 5. INVOICES. fu order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and reimbursable
expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C"). If applicable, the
invoice shall also describe the percentage of completion of each task. The information in
CONSULTANT's payment requests shall be subject to verification by CITY . CONSULTANT shall
send all invoices to the City's project manager at the address specified in Section l3 below. The City
will generally process and pay invoices within thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/ST ANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, ifpermitted,
have and shall maintain during the term of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
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professional standard and quality that prevail among professionals in the same discipline and of
similar know ledge and skill engaged in related work throughout California under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itselfinformed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULT ANT. If CONSULTANT has prepared plans and specifications or other design
documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and during the course of construction ofthe Project.
This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittaL If the total estimated construction cost at any submittal exceeds ten percent (10%)
ofthe CITY's stated construction budget, CONSULTANT shall make recommendations to the CITY
for aligning the PROJECT design with the budget, incorporate CITY approved recommendations,
and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Services under this Agreement CONSULTANT, and any person employed by or contractedwith
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The 'parties agree that the expertise and experience of
CONSULT ANT are material considerations for this Agreement. CONSULT ANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSUL T ANT's obligations
hereunder without the prior written consent ofthe city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING.
CONSULT ANT shall not subcontract any portion ofthe work to be performed under this Agreement
without the prior written authorization of the city manager or designee.
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULT ANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change o,r add sub consultants only with the prior approval of
the city manager or his designee.
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SECTION 13. PROJECT MANAGEMENT . CONSULTANT will assign Dana Karcher as
the project director to have supervisory responsibility for the perfonnance, progress, and execution of
the Services and as the project coordinator to represent CONSULTANT during the day-to-day work
on the Project. If circumstances cause the substitution of the project director, project coordinator, or
any other key personnel for any reason, the appointment of a substitute project director and the
assignment of any key new or replacement personnel will be subject to the prior written approval of
the CITY's project manager. CONSULTANT, at CITY's request, shall promptly remove personnel
who CITY finds do not perfonn the Services in an acceptable manner, are uncooperative, or present
a threat to the adequate or timely completion of the Project or a threat to the safety of persons or
property.
The City's project manager is Eric Krebs, Public Works Department, Operations Division, at 3201
East Bayshore Road, Palo Alto, CA 94303, Telephone: 650-496-6905. The project manager will be
CONSULTANT's point of contact with respect to perfonnance, progress and execution of the
Services. The CITY may designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULT ANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor ofthe CITY. Neither CONSULTANT nor its contractors, if any, shall make
any of such materials availab Ie to any individual or organization without the prior written approval of
the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT willpennit CITY to audit, at any reasonable time during
the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to
matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such
records for at least three (3) years after the expiration or earlier tennination of this Agreement.
SECTION 16. INDEMNITY.
D[Option A applies to the following design professionals pursuant to Civil Code Section
2782.8: architects; landscape architects; registered professional engineers and licensed
professional land surveyors.] 16.1. To the fullest extent pennitted by law , CONSULTANT shall
protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of
any nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
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~[Option B appliestoany consultant who does not qualify as a design professional as defined
in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted bylaw, CONSULTANT shall
protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of
any nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements ("Claims") resulting from, arising out of or in any manner related to performance or
nonperformance by CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT's services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17 • WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision ofthis Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation ofthe same or of any other term, covenant, condition, provision,
ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution of this Agreement. The certificates will be subjectto the approval of CITY's Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification,
CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance
are provided to CITY's Purchasing Manager during the entire term of this Agreement.
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18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULT ANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the Services perfonned under this Agreement, including such damage, injury, or loss
arising after the Agreement is tenninated or the tenn has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The city manager may suspend the perfonnance ofthe Services, in whole or in
part, or tenninate this Agreement, with or without cause, by giving ten (10) days prior written notice
thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its perfonnance of the Services.
19 .2. CONSULTANT may terminate this Agreement or suspend its perfonnance of
the Services by giving thirty (30) days prior written notice thereofto CITY, but only in the event of a
substantial failure ofperfonnance by CITY.
19.3. Upon such suspension or tennination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and other
data, whether or not completed,prepared by CONSULTANT or its contractors, if any, or given to
CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension ortennination by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days after giving notice) of suspension or tennination; provided,
however, if this Agreement is suspended or tenninated on account ofadefault by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's
services which are of direct and immediate benefit to CITY as such detennination may be made by
the City Manager acting in the reasonable exercise of hislher discretion
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
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With a copy to the Purchasing Manager
To CONSULTANT: Attention ofthe project director
at the address of CONSULT ANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, financial or otherwise, whicl!. would
conflict in any manner or degree with the performance of the Services.
21.2. CONSULT ANT further covenants that, in the performance ofthis Agreement,
it will not employ sub consultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee of CITY ; this provision will be interpreted in accordance with the applicable provisions
ofthe Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as
that term is defined by the Regulations ofthe Fair Political Practices Commission, CONS1JLTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo AI!9 Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.51 0, CONSULTANT certifies that in the performance of this. Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULT ANT acknow ledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING. The City of Palo Alto
is a green business and works to purchase and provide products in an environmentally sustainable
manner. CONSULTANT will use production methods that reduce waste and environmentally toxic
products, as well as have less packaging. CONSULTANT will adhere to the standard that printed
materi~ls will be, at a minimum, printed on 30% post consumer recycled paper with vegetable based
ink. The designer will check with the project manager to discuss the maximum recycled content
paper available for each project. FSC (Forest Stewardship Council) certified paper that is "process
free" is preferred. CONSULTANT will use methods that reduce energy use and thus the carbon
footprint for the development, production and delivery of products. CONSULTANT shall adhere to
the City's Environmentally Preferred Purchasing policies as may be amended from time to time.
SECTION 24. MISCELLANEOUS PROVISIONS.
24.1. This Agreement will be governed by the laws of the State of California.
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24.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
California.
24.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attorneys' fees paid to third
parties.
24.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations. representations, and contracts. either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
24.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
24.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
24.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to bea part of this Agreement.
24.8. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the
fiscal year and funds for this Agreement are no longer available. This Section 24.8 shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
24.9. The individuals executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
24.10 All unchecked boxes do not apply to this agreement.
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IN WITNESS WHEREOF, the parties· hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO CONSULTANT:
DAVEY RESOURCE GROUP
A Division of The Davey Tree Expert Company
_City Manager (Required for contracts over
$85,000)
_Purchasing Manager
.--By:---'-o~~~~_=.....i-""-~'--___ _
APPROVED AS TO FORM:
Senior Asst. City Attorney
Attachments:
,.EXHIBIT "A":
.. EXHIBIT ''B'':
EXHIBIT "C":
EXHIBIT "C-l"
EXHIBIT "D":
SCOPE OF WORK
SCHEDULE OF PERFORMANCE
COMPENSATION
RATE SCHEDULE
INSURANCE REQUIREMENTS
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EXHIBIT "A"
SCOPE OF SERVICES
Background:
Purpose and History:
The City of Palo Alto (City) has been awarded a grant from the California Department of
Forestry and Fire Protection (CAL FIRE) to update the City's street tree inventory, verify or
correct existing geocoded tree information and prepare an i-Tree Streets analysis and report.
The City's existing inventory/work order system is TreeKeeper 7.7 (Davey Resource Group).
The current street tree inventory was compiled in 1989 and has been partially updated since that
time. While many of the street trees are properly sited, there is considerable work to be done to
accurately update tree and site conditions.
Site Description:
The project area covers about 10.5 square miles of the flat, urbanized neighborhoods and
commercial districts ofthe City bounded by State Highway 101 on the north and by Foothill
Expressway on the south (see City Area Map, Attached). There are approximately 36,000 City
street or park trees, and vacant tree sites within this area. The trees to be inventoried are sited in
City parks, planting strips between the curb and sidewalk or in the City right of way behind the
sidewalk. In commercial districts, the trees may also be in tree wells. Numerous trees are
located in medians on arterial streets.
The City operates its own utilities and is subject to the California Public Utilities Commission
rules regarding vegetation clearance from the electric system. Presence of overhead utilities is
one of the inventory attributes that will be collected.
Project Goals:
Consultant shall provide services described below that would meet the following City goals:
1) Update the current City tree inventory including tree attributes, site conditions, and
location.
2) Upload this inventory data into the TreeKeeper 7.7 database updating existing records
and adding new records as appropriate.
3) Determine accurate GIS positioning for all inventoried City trees.
4) Create an i-Tree Streets analysis and report based on the City tree inventory.
5) Train City staff on all aspects of the revised and updated inventory. Develop a written
protocol for City staff to periodically update the inventory.
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CITY OF PALO ALTO CONTRACT NO.: CI0135076
Scope of Services:
Task 1 -Perform Field Assessment of City Trees and Gather Attribute and GIS Positioning Data:
With guidance from City Tree staff, Consultant shall perform field assessments of City trees and
their sites in addition to assessing vacant (as defined by City) planting sites. Tree assessment
shall include an evaluation of tree size and health, tree site location, identification of structural
defects, pruning needs and pests. Consultant shall collect all attribute information as defined by
CAL FIRE grant guidelines and additional data requested by the City as outlined in Attachment
C-l.
Consultant shall submit to City a written schedule and systematic approach to inventorying the
City trees by area (see City Area Map, Attached), with identifiable starting and completion
points. Consultant shall start work in Area 2 and complete all field work in that area before
proceeding to the next area of the Consultant's choosing. Only City street trees will be assessed.
Park trees will not be part of this project.
The City will provide:
1. Shape files or geodatabases in California State Plane Zone 3, NAD 83, Survey
feet, containing: .
a. Parcel layer;
b. Planimetric layers including curbs, sidewalks, planting strips, paved edge;
c. Utility features including manhole covers, utility poles (not spatially accurate
in GIS), storm water catch basins and fire hydrants;
d. Address layer (text on point features);
e. Street centerlines;
f. Polygons of tree inventory areas.
2. Text file of legal street names
3. Orthophotos (2005, flown)
4. A shape file or geodatabase containing the existing tree inventory as a point
feature layer. Trees will be geocoded to the nearest address (at minimum). Some
of the trees will be positioned along the street. In addition, some trees will not
appear in the correct polygon until the location is fixed by the consultant.
Task 2 -Prepare Updated Geodatabase:
Consultant shall prepare and deliver a geodatabase that contains an updated and corrected version
of the City's street tree inventory in California State Plane Zone 3, NAD 83, Survey feet.
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CITY OF PALO ALTO CONTRACT NO.: CI0135076
The deliverable shall maintain the existing Tree ID numbers and include all of the above
mentioned updates and corrections and shall include:
1. Verification andlor correction of the placement of the existing street tree inventory
point features to sub-meter accuracy.
2. Addition and deletion of tree point features (Consultant shall provide an explicit
list of Tree ID numbers that are deleted).
3. Verification or addition of required attributes described in Attachments C-1.
Consultant shall meet futemational Society of Arboriculture (ISA) standards when
assessing the trees. Consultant shall upload inventory attribute data into City's
TreeKeeper 7.7 database and integrate with existing data in that database.
Task 3 -i-Tree Streets Analysis and Report
Consultant shall create an i-Tree Streets (version 3.0.6, USDA Forest Service) analysis and report
based on the City tree inventory. This information will be used by the City to evaluate current
benefits, costs and maintenance needs. The consultant shall analyze the data and create a written
report that includes the structure, function, value and maintenance needs of the City's tree
resource:
This task shall be done on a lump sum basis.
Task 4 -Meetings:
Consultant shall include in this proposal milestone meetings, trainings, and demonstrations.
Meetings shall include Consultant's Project Manager at minimum and staff from City Tree
Section, fuformation Technology, and others as needed.
Consultant shall prepare and submit a written agenda for each meeting at least two business days
prior and draft and submit meeting minutes within three business days following each scheduled
meeting.
Meetings will include:
• A pre-project meeting.
• Weekly progress meetings (up to 4 meetings) at the beginning of the project.
• . Milestone meetings (3) at the completion of Tasks 1-3 to review and discuss deliverables;
Consultant's GISIIT staff shall attend in addition to the Project Manager.
END SCOPE OF SERVICES
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EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perfonn the Services so as to complete each milestone within the time
specified below. The time to complete each milestone may be increased or decreased by mutual
written agreement of the project managers for CONSULTANT and CITY so long as all work is
completed within the tenn of the Agreement. CONSULTANT shall provide a detailed schedule
of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed.
Milestones
1. Tree Inventory and Geodatabase Update
2. Meetings
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Completion (from NTP)
by the date below:
June 30, 2010
June 30, 2010
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EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULT ANT for professional services performed in
accordance with the terms and conditions ofthis Agreement, and as set forth 'in the budget
schedule below. Compensation shall be calculated based on the rate schedule attached as
exhibit C-I up to the not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit ".N' ("Basic Services") and reimbursable expenses shall not exceed One
Hundred Thirty-six Thousand Four Hundred Thirty Dollars ($136,430.00). CONSULTANT
agrees to complete all Basic Services, including reimbursable expenses, within this amount.
In the event CITY authorizes any Additional Services, the maximum compensation shall not
exceed One Hundred Fifty-six Eight Hundred Ninety-four Dollars ($156,894.00). Any work
performed or expenses incurred for which payment would result in a total exceeding the
maximum amount of compensation set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY's project manager may approve in writing the transfer of budget amounts
between any of the tasks or categories listed below provided the total compensation for Basic
Services, including reimbursable expenses, does not exceed $136,430.00 and the total
compensation for Additional Services does not exceed $20,464.00.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 and 2
(Tree inventory and Geodatabase Update)
Task 3
(i.-Tree Streets)
Task 4
(Meetings)
$124,200
$4,500
$7,730
Sub-total Basic Services $136,430
Reimbursable Expenses (included above) $0.00
Total Basic Services and Reimbursable expenses $136,430
Additional Services (Not to Exceed) $20,464
Maximum Total Compensation $156,894
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REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization
from the CITY. The CONSULT ANT, at the CITY's project manager's request, shall submit a
detailed written proposal including a description of the scope of services, schedule, level of
effort, and CONSULTANT's proposed maximum compensation, including reimbursable
expense, for such services based on the rates set forth in Exhibit C-I. The additional services
scope, schedule and maximum compensation shall be negotiated and agreed to in writing by
the CITY's project manager and CONSULTANT prior to commencement of the services.
Payment for additional services is subject to all requirements and restrictions in this
Agreement
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
• More trees to be inventoried
• Additional meetings
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EXHIBIT "C-l"
RATE SCHEDULE
Tree Inventory Rate per tree $3.45
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CITY OF PALO ALTO CONTRACT NO.: CI013507'6
EXHIBIT "D"
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN
AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM
BEST'S KEY RATING OF A·:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE
STATE OF CALIFORNIA. '
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
YES
YES
YES
YES
YES
YES
OCCURRENCE AGGREGATE
WORKER'S COMPENSATION v RY
EMPLOYER'S LIABILITY STATUTORY
BODILY INJURY $1,000,000 $1,000,000
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000
LIABILITY COMBINED,
BODILY INJURY $1,000,000 $1,000,000 . EACH PERSON $1,000,000 $1,000,000 . EACH OCCURRENCE $1,000,000 $1,000,000
AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON·OWNED PROPERTY DAMAGE $1,000,000 $1,000,000
BODILY INJURY AND PROPERTY $1,000,000 $1,000,000
DAMAGE COMBINED
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS, .
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE ALL DAMAGES $1000,000
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALLOBT AIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT,
THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULT ANTS, IF ANY, BUT
ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING
AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL.
II. CONT ACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
Ill. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL
INSUREDS"
A PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
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INSURANCE CARRIED BY OR FOR TIlE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER TIllS POLICY.
C. NOTICE OF CANCELLATION
1. IF TIlE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTIlER
TIlANTHE NON-PA YMENTOFPREMIUM, TIlE ISSUING COMPANY SHALL PROVIDE CITY
AT LEAST A TIlIRTY (30) DAY WRITTEN NOTICE BEFORE TIlE EFFECTIVE DATE OF
CANCELLATION.
2. IF TIlE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR TIlE NON-PAYMENT
OF PREMIUM, TIlE ISSUING COMP ANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE TIlE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
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