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HomeMy WebLinkAboutStaff Report 1332• Inter-departmental interviews: These interviews intend to identify overlapping goals and potential conflicts between departments and the City's various policies and procedures. Discussion The study session is an opportunity to introduce the project consultants, Hort Science,lnc. and Circle Point, to the City Council and the community. The consultants will make a presentation to: • Introduce the key elements of the master plan. These include: o Review and analysis of existing policies and procedures, analysis of street tree inventory, overview of benefits provided by the urban forest, and assessment of historical tree canopy coverage. o Introduction of how Palo Alto can evaluate the sustainability of its urban forest. o Presentation of a "road map" for future management with an eye towards sustainability. o Relationship of City departments to urban forest management. • Discuss the proposed criteria and indicators for maintaining and enhancing a sustainable urban forest in Palo Alto. • Discuss the preliminary results of the online survey. The online informal survey was available on the City's website from January 14 until January 26. Invitations to take the survey were sent via email to a wide variety of community leaders, groups and distribution lists, including elected officials and boards, neighborhood associations, environmental and gardening organizations, development professionals, business groups, and tree industry professionals. Next Step In late March, CALFIRE will preview the draft components as part of the grant requirements. Subsequently, the City will prepare a draft plan that will be reviewed and commented on by the public and reviewing boards, commissions and the Council in the summer of 2011. There will beacommunity meeting as well as a second Council study session prior to preparing a plan for adoption by the City Council. Resources Impacts No Council action on the Urban Forest Master Plan is requested at this time. Funding for the project is provided by: 1. A $66,000 CALFI RE grant; and 2. $93,604 from the City Manager's Contingency Account to be replenished by the Public Works, Utilities, Community Services, and the Planning and Community Environment Departments during the FY 2011 mid-year budget review process February 07, 2011 ·(lD # 1332) Page 2 of4 Policy Implications This project is consistent with the City's sustainability policies and numerous goals, policies and programs in the Natural Environment and Land Use chapters of the Comprehensive Plan, including but not limited to: GOAL N-3: A Thriving "Urban Forest" That Provides Ecological, Economic, and Aesthetic Benefits for Palo Alto. POLICY N-14: Protect, revitalize, and expand Palo Alto's urban forest through public education, sensitive regulation, and a long-term financial commitment that is adequate to protect this resource. PROGRAM N-16: Continue to require replacement of trees, including street trees lost to new development, and establish a program to have replacement trees planted offsite when it is impractical to locate them onsite. PROGRAM N-19: Establish one or more tree planting programs that seek to achieve the following objectives: • A 50 percent tree canopy for streets, parks, and parking lots; and • The annual tree planting goals recommended by the Tree Task Force and adopted by the City Cou ncil. PROGRAM N .. 20: Establish procedures to coordinate City review, particularly by the Planning, Utilities, and Public Works Departments, of projects that might impact the urban forest. POLlCY:N-17: Preserve and protect heritage trees, including native oaks and other significant trees, on public and private property. POLICY L-70: Enhance the appearance of streets and other public spaces by expanding and maintaining Palo Alto's street tree system. POLICY L-76: Require trees and other landscaping within parking lots. Environmental Review This is an information only item and environmental review is not required. It is anticipated.that the Urban Forest Master Plan will be categorically exempt from the California Environmental Quality Act (CEQA). COURTESY COPIES Catherine Martineau, Canopy ATTACHMENTS: • Attachment A: CMR 415:10 February 07, 2011 (ID # 1332) (PDF) Page 3 of4 Prepared By: Department Head: City Manager Approval: February 07, 2011 (ID # 1332) Gloria Humble, Senior Planner Curtis Williams, Director James Keene, City Manager Page 4 of4 TO: HONORABLE CITY COUNCIL FROM:· CITY MANAGER , DATE: NOVEMBER 22, 2010 REPORT TYPE: CONSENT DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT CMR: 415:10 SUBJECT: Approval and Authorization for the City Manager or his Designee to Execute the Attached Contract wi'th HortScience, Inc. (Attachment A) bl the Amount of $159,604 for the Development of an Urban Forest MasterPlan . EXECUTIVE SUMMARY In 2008, the City l'eceived a $66,000 grant from the State (CalFire) to provide partial funding for preparation of an Urban Forest MasterPlan for the City. Staff issued a Request for Proposals (RFP) for the preparation of the plan in 2010. Staff is recommending selection of HortScience to prepare the master plan at a cost not to exceed $159,604, based on a'work program developed by staff, Canopy, and the consultants. Staff requests that the City Council authorize the City Manager to execute the attached contract. RECOMMENDATION Staff recommends that Council: 1. ApPl'ove and authorize the City Manager 01' his designee to execute the attached contract with HortScience, Inc. (Attachment A) in the amount of $159,604 for the development of . an Urban Forest Master Plan. 2. Approve the use of $93,604 from the City Manager's Contingency Account to fund the" amount not covered by the grant to be replenished by the Public Works, Utilities, Community Services, at:1d Planning and Community Environment Departments during the FY 2011 mid-year budget review process. BACKGROUND The Palo Alto community has long been aware of the need to proactively preserve and enhance the city's urban forest. In 1993, the City Council appointed a Tree Task Force to make recommendations and in 1995 the Council adopted their recommendations including: • The creation of a non-profit tree group. In 1996 Canopy was established to serve as the community's resource on tree .. related matters as well as act as the City's advisor and partner for tree planting and tree care activities. . CMR: 415:10 Page 1 of5 • The development of a Tree Protection Ordinance. In 1996, the Council adopted the Tree Protection Ordinance which established criteria for "protected" trees, which cannot be removed without City approval. In 1998, the cun'ent Comprehensive Plan was adopted, including several goals, policies, and programs to preserve, maintain, and .enhance the city's U1'ban forest. On Earth Day 2006, Council directed staff to create a new Street Tree Management Plan to implement the Comprehensive Plan goals and policies. . In 2001, the City collaborated with Canopy to apply for" a grant from CALFIRE to help fund the development of the Master Plan. In August of 2008, the grant was awarded; however, due to staffing reductions and state budget constraints, the preparation of the master plan was delayed. In late 2009, the removal of the street trees on California Avenue ftnther underscored the need for a master plan. In the spring of201 0, the City assembled a team, including staff as well as Canopy, to oversee the preparation of the master plan. DISCUSSION The Ui'ban Forest Master Plan is an important component of the City's Sustainability Program . that will establish the tn'ban forest as an asset that must be preserved and renewed; it will.provide a road map to accomplish that goal. The future of Palo Alt9's urban forest is seriously threatened by many factors, such as water restrictions, the installation of fiber optics, and on-going development that affect Palo Alto's tree canopy every day. A master plan is needed to help the City conserve, renew, and monitor its urban forest and will identify how to minimize conflicts between retention of the urban forest and construction of development and infrastructure projects, as well as the City's continued maintenance and operational needs. In late July, a Request for Proposals (RFP) was circuhited for the preparation of the Urban Forest Master Plan with the following objectives: 1. Ensure that the City has an accurate and complete picture of its urban forest 2. Establish the urban forest as an asset 3. Establish the importance of the urban forest to the City's sustainability goals 4. Provide a road map for effective and efficient management th~t employs best practices and latest advancements 5. 'Consolidate resources (internal and external) 6. Engage the community as stewards of the urban forest 7. Provide a monitoring plan Number of proposals received 4 Number of firms interviewed 3 Range ofproposal8.!Ilounts $69,000 to $239,000 Proposed length of project 9 months The review panel for the proposals was composed of the City'S Public Works and Planning arborists and the Executive Director of Canopy .. The panel evaluated four proposals and interviewed three of the bidders. At the interviews, the panel reinforced its expectations that the document will provide for inter-departmental protocols as a resource for staff, a thorough understanding of probable-future· water-conservation mandates, and a flexible response to such CMR: 415:10 Page2of5 environmental ~hanges-including the role of the City's recycled water program. The interviews ~stablished that some components of the Palo Alto Urban Forest Mastel' Plan would be unprecedented based"on the consultants' previous experiences. Based on their proposal, experience, and interview, HortScience was determined by the panel to be uniquely qualified to help the City develop a plan for sustaining the urban forest. In the tree industry, HortScience stands out as one of the world's premier academic and technically advanced consulting firms. Staff believes that HOl1:Science, brings the needed level of , arbol'icultural expertise to all aspects of the project. The panel believes that use of any of the other eonsultants would result in City staff needing to prepare at least some components of the Urban Forest Master Plan, e.g., the urban forest sustainability program and an adaptive management program for our recycled ,water program. HOltScience pUblications illustrate a match between their expertise and the objectives of the Master :plan. Two particularly significant projects completed by Ms. Matheny and Mr. Clark, principals of the firm, are: 1. Development of a model for the assessment of urban forest sustainability through a grant from the USDA -Forest Service (Attachment B). Implementing the model for Palo Alto will provide: ' a. A community .. specific template for managing the City's urban forest and monitoring its sustainability h. A sustainability scorecard that can be used throughout the community to continually assess progress towards attaining specified goals 2. Development of the Water Use Classification of Landscape Species. The proposed work plan includes a comprehensive analysis of the water use and salt toleranC'e of tree. species. Using this classification system will provide the City with state-of-the-art information to meet state goals for water conservation. Additionally, HortScience is currently under contract with the Utilities and Public Works Departments to provide expertise in the use of recycled water for landscape irrigation. HortScience's expertise regarding Palo Alto's recycled water challenges will streamline permitting;' alleviate conflicts between departments and guide the process to avoid costly mistakes. FinB;l1y, staffs expeltise will be enhanced by working with HortScience on the project. Staff has negotiated the attached contract (Attachment A) with HortScience for the development of an Urban Forest Master Plan that will cost $159,604. . The project will also include: 1. Inter-departmental interviews by the consultant. 2. Significant public outreach, including: • A community-wide survey to gather input • A City Council Study Session early in the process to provide broad policy direction CMR: 415:10 . Page 3 of5 • A City Council Study Session at the end of the process to discuss the draft Master Plan • Two community meetings to discuss the draft Urban Forest Master Plan RESOURCE IMPACTS Funding for the project is provided by: 1. A $66,000 CALFlRE grant; and 2. $93,604 from the City Manager's Contingency Account to be replenished by the Public Works, Utilities, Community Services, and the Planning and Community Environment Departments during the FY 2011 mid-year, budget review process. POLICY IMPLICATIONS This project is consistent with the City's sustainability policies and numerous goals, policies and programs in the Natural Environment and Land Use chapters of the Comprehensive' Plan, including but not limited to: GOAL N-3: A Thriving "Urban Forest" That Provides Ecological, Economic, and Aesthetic Benefits for Palo Alto. POLICY N .. 14: Protect, revitalize, and expand Palo Alto's urban forest through public education, sensitive regu~ation, and a long-tenn financial commitment that is adequate to pro~ect this resource. PROGRAM N-16: Continue to require replacement. of trees, including street trees lost to new development, and establish a program to have replacement trees planted offsite when it is impractical to locate them onsite. PROGRAM N-19: Establish one or more tree planting programs that seek to achieve the following objectives: • A 50 percent tree canopy for streets) parks) and parking lots; and • The annual tree planting goals recommended by the Tree Task Force and adopted by the City Council. PROGRAM N-20: Establish procedures to coordinate C~ty review, particularly by the Planning, Utilities, and Public Works Departments, of projects that might impact the urban forest. ~OLICY N-17: Preserve and protect heritage trees, including native oaks and other significant trees, on public and private property. POLICY L-70: Enhance the appearance of streets and other public spaces by expanding and maintail)ing Palo Alto's street tree system. . POLICY L-76: Require trees and other landsca.ping within parking lots. ENVIRONMENTAL REVIEW Approval of this contract is not considered a project subject to the.requirements of the California Environmental Quality Act (CEQA). CMR: 415:10 Page4·of5 CITY OF PALO ALTO CONTRACT NO. Cl1137721 . AGREEMENT BETWEEN THE CITY OF PALO ALTO AND HORTSCIENCE, INC. FOR PROFESSIONAL SERVICES PROVIDE URBAN FOREST MASTER PLAN This Agreement is entered into on this 23rd day of November, 2010, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and HORTSCIENCE, INC., a California Corporation, located at 2150 Rheem Drive, Suite A, Pleasanton, CA 94566, (PH) (925) 484~0211 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to implement an Urban Forest Master Plan in conjunction with other environmental initiatives ("Project") and desires to engage a consultant to provide an Urban Forest Master Plan for this Project. e'Services'} B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this 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. The tenn of this Agreement shall be from the date of its full execution through August 30, 2011, unless te~inated 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 tenn of this Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement 1 Professional Services Rev. June 2, 2010 S :\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHY\Contra cts\Cl1 137721-Hort Science\Contract Cll137121 HORTSCIENCE. Inc.doc shall be commenced and completed by CONSULTANT in a reasonably prompt and timely marmer 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 Fifty Nine 1i'housand Six Hundred Four Dollars ($159,604.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed One Hundred Fifty Nine Thousand Six Hundred Four Dollars!·($159,604.00). The applicable rates and schedule of payment are set out in Exhibit "C-l", entitled "FEE and RATE SCHEDULE," which is attache~ 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". CONSULTANT 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 descri\>ed in Exhibit "A" . . SECTION 5. INVOICES. In 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 .. l "). 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 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or lUlder CONSULTANT's supervision. CONSULTANT represents that it possesses the professional and teclmical personnel necessary to perfonn 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, if permitted, 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 professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed 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 2 Professional Services Rev. June 2.2010 S:\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER-CM FOLDERS\KA THY\Contra cts\Cl1137721-Hort Science\Contract Cll137721 - HORTSCIENCE, Inc.doc Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all char~es and fees, and give all 'notices required by law in the performance of the Services. SECTION 8. ·ERRORS/OMISSIONS. CONSULTANT shall correct, atno'costto CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. 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 pri<?r to and during the course of construction of the, Project. This obligation shall survive tennination 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 desigri submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) . of the 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 contracted with 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 CONSUL T ANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULT ANT's obligations hereunder without the prior written consent of the. 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. DOption A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. ~Option B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that subconsultants may be used· to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: CirclePoint, Inc. CONSULTANT shall be responsible for directing the work of any subconsultants and fef any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a sub consultant. CONSULTANT shall change or add sub consultants only with the prior approval of the city manager or his designee. Professional Services 3 Rev. June 2. 20JO S:\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER·CM FOLDBRS\KATHY\Contra cts\Cl1137721-Hort Science\Contract Cll137721 - HORTSCIENCE. Inc.doc SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Jim Clark, Vice President, as Project Manager, to have supervisory responsibility for the performance, progress, and. execution of the Services and to represent CONSULTANT during the day-to~day work on the :project. If circumstances cause the substitution of the project manager, or any other key personnel for any reason, the appointment of a substitute project manager 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 perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion oft~e Project or a threat to the safety of persons or property. The City's Project Manager is Gloria Humble, Planning and Community Environment Department, 250 Hamilton Avenue, Palo Alto, CA 94301, Telephone: (650) 329-2596. The Project Manager will be CONSULTANT's point of contact .with respect to performance, 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 ~l claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available 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 IS. AUDITS. CONSULTANT will pennit CITY to audit, at any reasonable time during ·the term of this Agreement ~d 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 termination of this Agreement. SECTION 16. INDEMNITY. IZI[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 permitted 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 ca¥sed in part by an Indemnified Party. Professional Services 4 Rev. June 2, 2010 S:\ASD\PURCH\SOLICITATlONS\CURRENT BUYER-CM FOLDERS\KATHy\Contra cts\Cl 1 137721-Hort Science\Contract Cll137721 • HORTSCIENCE, 'Inc. doc o {Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted 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 irijury 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 perfonnance or nonperformance by CONS'VLTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 162. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the aotive 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 tennination of this Agreement. SECTION 17 • WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agr~ment, 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 of the 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 perfotto 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 certificate~ will be subject to 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 tenn of this Agreement. 5 Professional Services Rev. June 2, 2010 S:\ASD\PURCH\SOLIClTATIONS\CURRENT BUYER-CM FOLDERS\K.ATHy\Contra cts\Cll 1 37721-Hort Science\Contract C11137721 - HORTSCIENCE. Inc.doc 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwiths.tanding 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 performed under this Agreement, including such damage, injury, or loss arising atter the Agreement is terminated or the tenn has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or tenninate th~s 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 performance of the Services. 19 .2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.'3. Upon such suspension or termination, 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, ifany, 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 or termination by CITY, CONSULTANT will be paid for the S~rvices rendered or materials delivered to CITY in accordance with the scope of services on or before the effeqtive date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULT ANT, 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 determination may be made by the City Manager acting in the reasonable exercise ofhislher discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4,20, and 25. 19.5. No payment, partial payment, acceptance, or partial accepta,nce 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 6 Professional Services Rev. June 2. 20 10 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER·eM FOlDERS\KATHy\Contra cts\ClI137721·Hort Science\Contract Cll137721 - HORTSCIENCE, Inc,doc " '_. With a copy to the Purchasing Manager To CONSULTANT: Attention of-Jim Clark, Vice President, at the address of CONSULTANT 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, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will n<;>t employ subconsultants, 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 of the 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 of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. . SECTION 22 .. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, 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. CONSULTANT acknowledges 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 AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the City's Envirom;nentally Preferred Purchasing policies which are available at the City's Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero Waste best practices include first minimizing and reducing waSte; second, reusing waste and third~ recycling or composting waste. In particular, Consultant shall comply with the following zero waste requirements: • All printed materials provided by Consultant to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double .. sided and printed on a minimum of 300/0 or greater post-consumer content paper, unless otherwise approved by the City's Project Manager. Any submitted materials printed by a professional 1 Professional Services Rev. June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER~CM FOLDERS\KA THY\Contra cts\Cl1137n I-Hort Science\Contract Cl1137721 - HORTSCIENCE. Inc.doc printing company shall be a minimum of30% or greater post-consumer material and printed with vegetable based inks. • Goods purchased by Consultant on behalf of the City shall be purchased in accordance with the· City's Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. • Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the City, for reuse or recycling. Consultant shall provide documentation from . the facility accepting the pallets to veri~ that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24.1. 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 tune 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 shall take precedence in the event of a ~onflict with any other covenant, term, condition, or provision of this Agreement. SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State ofCalifomia. 25.2. 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. 25.3. 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 attomeysemployed by it as well as any attorneys' fees paid to third parties. 25~4. 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. 25.5. 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. 25.6. If a court of competent jurisdiction finds or rules that any proyision 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. g Professional Services Rev. Iune 2,2010 S:\ASD\PURCH\SOLICIT A TIONS\CURRENT BUYER-CM FOLDERS\KATHy\Gontra cts\C 11137121-Hort Science\Contr&ct C11137721 - HORTSCIENCE, Inc.doc 25.7. 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 be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5( d) about a California resident ("Personal Information"), . CONSULTANT shall maintain reasonable and appropriate security procedures to' protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security'ofthe system or in the security of the Personal Information. CONSULTANT shall not use Personal Infonnation for direct marketing purposes without City's express written consent. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. 9 Professional Services Rev. June 2. 2010 S:\ASD\PURCH\SOLlClTATIONS\CURRENT BUYER -CM FOLDERS\KATHy\Contra cts\Cll137721-Hort Science\Contract Cl1137721 _ HORTSCIENCE, Inc.doc EXHIBIT "A" 1. SCOPE OF SERVICES The key element of the work plan is urban forest sustainability. CONSULTANT shall-use the model for sustainable urban forests developed by HortScience, Inc. as the starting point, modifying it to provide Palo Alto with a community specific template for managing its urban forest and monitoring its sustainability. In so doing, CONSULTANT shall meet all of the project's objectives, respond to the each of the requested services and provide the project deliverable. The model of urban forest sustainability arose from a national project that HortScience prepared for the USDA Forest Service National Urban and Community Forestry Advisory -Council. The model describes 20 criteria essential to a sustainable urban forest. These criteria fall into three broad categories (Table 1, below): characteristics of the vegetation in the community., the community framework, and resource management. For each criterion, the model describes levels of performance -indicators that can be used to assess the current condition. The model was tested for over 20 cities in the U.S., and has been adapted for use in a number of countries, states and communities. For example., the model is one of the foundational elements of Sacramento Tree Foundation's Greenprint Initiative. CONSULTANT's project approach is based on adapting the model of urban forest sustainability to Palo Alto, using the following steps: 1. Compile policies and information about Palo Alto's urban forest, leading to analysis of the current statns, chaUenges and opportunities. 1.1 City Policies & Documents • Comprehensive Plan (relevant sections). • Municipal Code (tree & zoning sections). • Tree Technical Manual. • Climate Protection Plan. • USDA N. Calif. Coast Community Tree Guide. • Cal Green. • California PUC Section 4799.06 .. 4799.12. • Utilities Department tree management program. • Palo Alto Sustainability plan. Identify the key connections to the City's urban forest and its management. • Tree management (public, private, utility) funding status and history. • Other City policies, procedures, agreements that relate to tree and urban forest management. • Evaluate current and proposed use of recycled water for landscape irrigation. • Summarize findings (including where modifications / changes may be required). • California PUC Section 4799.06-4799.12. • Utilities Department tree management program. • Palo Alto Sustainability plan. Identify the key connections to the City's urban forest and its management. Professional Services 11 Rev June 2,2010 S:\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER -CM FOLDERS\KATHy\Contra cts\CII137721·Hort Science\Contract Cll137121 - HORTSCIENCE. Inc.doc • Tree management (public, private, utility) funding status and' history. • Other City policies, procedures, agreements that relate to tree and urban forest management. • Evaluate current and proposed use of recycled water for landscape Irrigation. • Swnmarize findings (including where modifications I changes may be required). California PUC Section 4799.06-4799.12. • Utilities Department tree management program. • PaIo Alto Sustainability plan. Identify the key connections to the City's urban forest and its management. • Tree management (public, private, utility) funding status and history. • Qther City policies, procedures~ agreements that relate to tree and urban forest manage~ent. • Evaluate current and proposed use of recycled water for landscape irrigation. • Summarize findings (including where modifications I changes may be required). 1.2 Department interviews • Working with the project team, identify participants to interview, prepare background information related to urban forest and tree management. , Prep (id participants, prepare script). • Summarize fmdings in the context of several questions. Who manages I interacts with trees in Palo Alto? What conflicts exist between public agencies with respect to tree management? What opportunities exist? • Develo~p recommendations, using relevant examples, for improvement. 1.3 Public Tree Inventory • Confer with the city's urban forestry staff to review the current tree management effort, how the inventory is used, strengths and weaknesses of the existing information, and any needed changes. • Review current status of TreeKeeper. Evaluate and analyze results. • Review plan for STRATUM I iTree Streets analysis of existing public trees. Evaluate and analyze results. • Review California Urban Forest Council Urban Forest Master Plan Toolkit for ways to incorporate into Palo Alto's plan. 1.4 Preferred Tree Species list • Evaluate existing list with reference to tolerance to drought & recycled water. • Modify existing list to reflect changes including expansion of criteria for use. • Prepare revised I expanded list. 1.5 Urban forest assessment • Research methods to assess existing and historical tree canopy coverage in Palo Alto. • Research cost and requirements to undertake UFORE I iTree Eco Professional Services 12 Rev June 2, 2010 S:\ASD\PURCH\sOLICrr ATIONS\CURRENT BUYER-CM FOLDERS\KA THy\Contra cts\Cll137721-HQrt S()ienoo\Contract Cll137721 - HORTSCIBNCE.lne.doc analysis in Palo Alto. • Summarize findings with a goal of providing a historical comparison of existing tree 2. Create Urban 'Forest Sustainability t~ol for Palo Alto. . • Assess the existing model in the context of Palo Alto's specific situation. Identify current research and tools applicable to a sustainable urban forest in Palo Alto suc~ as LEED programs, the Sustainable 'Sites Initiative, ~nd California's 20x2020 Water Conservation Plan. Incorporate into the model. Discuss changes with City staff to assess practicality . • Create a revised model of urban forest su~tainability specific to the City of Palo Alto~ Modify the model's criteria and performance indicators to reflect the local conditions. Verify revisions with the project team. • Test the Palo .Alto model to establish the current state of sustainability. To the .extent possible, reflect on the process by which Palo Alto reached this condition. Identify opportunities and constraints for enhancing urban forest sustainability in the short-and long-tenn. • Review findings with the project team. Revise model as needed. Provide examples of the model's use in urban forest management (as noted in the Project Deliverable section of the RFP). • Provide the sustainability tool in a format that can be updated/modified by the City 'qf Palo Alto. 3. Enhance Public and Private Tree Management • Identify key issues with project team, based on the analysis of City-wide policies and procedures. • Project team to provide situations/topics where inter-department protocols are needed. • Develop draft protocols to address existing challenges. • Review current draft of Public Tree Management Plan and current edition . of Tree Technical Manual. Suggest new topics based on results from Task # 1.1 and 1.2. 4. Public Outreach and Coordination • Working with the project team, develop outreach strategy, identify stakeholders and plan for meetings. • Develop Fact Sheet(s) / Information Brochure(s) regarding managing a sustainable urban forest. Possible target audiences include citizens, institutionalland .. owners, retail nursery and garden centers, and the development community. • Consult with City's sustainability manager re: incorporating fmdings into City policies & website. • Create two web pages dedicated to the Urban Forest Management Plan and regarding trees in Palo Alto in general (species, numbers, history, with information on how community members can support it). . • Prepare a template' and draft powerpoint presentation for the project team's review. Professional Services 13 Rev June 2, 2010 S:\ASD\PURCH\SOLICIT A TlONS\CURRENT BUYER--CM FOLDERS\KA TIIY\Contra cts\Cl 1 137721 ~Hort Science\Contract C11131721 ~ HORTSClBNCE, Inc. doc . . • Undertake two study sessions with the Palo Alto's City Council 5. Develop Urban Forest Master Plan • Prepare a detailed sunimary of Palo Alto's Sustainable Urban Forest model with criteria and performance indicators specific to the community and practical in nature. The final model will be one that can be modified over time, utilizing new information as well as results of management decisions. • IndentifY the sustainable urban forest "scorecard" as the monitoring model to . be used by City departments and stakeholders with respect to urban forest management. The scorecard serves as a tool for assessing how decisions influence urban· forest sustainability. • Finalize Preferred Species List. • Incorporate the findings into a draft report to be enhanced by CirclePoint who will: 1) translate/modify technical text to a non-technical form, 2) standardize text with the City's Sustainability Plan, 3) enhance plan layout and design and 4) copyedit the document. • Incorporate cofrunents from the Palo Alto project team (prior to further circulation). • Incorporate comments from City departments, elected officials and other stakeholders (distribution to be determined by project team). • Finalize document. Provide an electronic copy in a format that can be used by the City. 6. Manage the project • Attend a kick-off meeting with project team. • Attend progress meetings with City of Palo Alto team (10 over the courseof the project). • Conduct internal team meetings (4 over the course of project). • Provide for internal management. The model incorporates the project's objectives and deliverable in a direct and comprehensive manner. At the end of the project, the City of Palo Alto will possess to well-founded, locally- adapted tool to assess the current state of its urban forest, provide steps to move forward, and allow re-assessment in the future. Table 1: c===. ________________ T_a~b~l~e~1~.C~r~it~e~ria~fo~r~a~S~u~s~ta~i~na~b~le~U~rb~a~n_F~o~~~s~t_. __________________ ~ Professional Services 14 Rev June 2,2010 S;\ASD\PURCH\SOUClT A TlONS\CURRENT BUYER-CM FOLDERS\KA THY\Contra. ots\Cll137721·Hort Science\Contract Cl1131721 • HORTSCIENCE. Inc.doc Vegetation Resource. Canopy cover Age -distribution of trees Species mix Native vegetation Community Framework Public agency cooperation Private and institutional land owners Green industry cooperation Neighborhood action Citizen -government - business General awareness of trees Regional cooperation Resource Management City-wide management plan City-wide Funding City Staffing Assessment Tools Protection of Existing Trees Species and Site selection Standards for Tree Care Citizen Safety Recycling Achieve climate-appropriate tree cover, community-wide. Provide for uneven age distribution. Provide for species diversity. Maintain the biological integrity of native remnant forests. Maintain wildlife corridors to and from the city. Insure all city departments operate with common goals and objectives. Large private landholders embrace city- wide goals and objectives through specific resource management plans. The green industry operates with high professional standards and commits to city-wide goals and objectives. At the neighborhood level, citizens understand and, participate in'urban forest management. All constituencies in the community interact for the benefit of the urban forest. The general public understands the value of trees to the community. Provide for cooperation and interaction among neighboring communities and regional groups. Develop and implement a management plan for trees on public and private property. Develop and maintain adequate funding to implement a city-wide management plan. Employ and train adequate staff to implement a city-wide management plan. Develop methods to collect information about the urban forest on a routine basis. Develop methods to collect information about the urban forest on a routine basis. Provide guidelines and specifications for species use, on a context-defined basis. Adopt and adhere to professional. standards for tree care. Maximize public safety with respect to trees. Create a closed system for tree waste. Professional Services 15 Rev June 2.2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHy\C<intra cts\Cl1l31121-Hort Science\Contract Cll131721 • HORTSCIENCE, Inc.doc November 2010 D~c~mber 2010 January 2011 February 2011 March 2011 April 2011 May 2011 June 2011 July 2011 EXHIBIT·B SCHEDULE OF PERFORMANCE Project team assembles background documents. Project team consults with City staff and elected leaders regarding the proj~ct, interviews, protocol topics, web page design, and study sessions. Project approved by Council. Kick-off meeting (week of November 29). Review documents. Priority to be determined by project team. Develop survey draft. Prepare first inter,,:, department protocol. Schedule interviews. Research urban forest assessment information. Conduct inter-department interviews (after January 12). Use draft protocol as point of departure. ~ummarize findings. Create list of recommendations including protocol topics. In1tial review of Tree Technical Manual & Public Tree Management Plan. Summarize analysis and recommendations. Present draft sustain ability model for project team review_ Review urban forest assessment findings. Determine next steps. First study session with Council. Review project and scope. Discuss urban forest sustainability model and protocols. Send protocols for inter~department review. Present draft Urban Forest Management Plan to project team for review. Includes Tree Species list. Present revised draft Urban Forest Management Plan for review. Present draft brochurel information sheet. Finalize Urban Forest Management Plan. Second study session with Counci1~ Present Plan. Professional Services 1 6 Rev June 2, 2010 S;\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHy\Contra cts\Cl1137721-Hort Science\Contract Cll131721 • HORTSCIBNCE. Inc.doc EXlHBIT "e" COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and completed to the reasonable satisfaction of the CITY, as described in Exhibit A, Scope of Services, a fixed, not-to-exceed price for professional services of One Hundred Fifty Nine Thousand Six Hundred Four Dollars ($159,604.00). The budget is based on the following task costs: ·1. Compile policies and infomlation about Palo Alto's urban forest, leading to . analysis of the current status, challenges and opportunities. 1.1 City Policies & Documents 1.2 Department interviews 1.3 Public Tree Inventory 1.4 Preferred Tree Species list 1.5 Urban forest assessment 2. Urban Forest Sustainability tool for Palo Alto. 3. Inter-department protocols for tree management. 4. Public Outreach and Coordination. 5. Utban Forest Master Plan. 6. Project management. Sub-total, labor Estimated expenses (10%) Budget Total $43,940 $ 7,520 $15,770 $33,530 $32,230 $21,640 $154,630 $4,974 $159,604 Fee of$1,200 per meeting is based on attendance by Jim Clark, project manager and lead consultant. CITY reserves tbe right, at its option, to move budgeted money from one task to another Task, as the City's Project Manager deems necessary. CONSULTANT can only reallocate Funds from one task to another upon receiving approval from City's Project Manager. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. 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. Reimbursables Reimbursables shall include, but are not limited to, the cost of copying plans, outreach materials, postage, signage or other items not included herein. Travel, computer and phone charges shall be considered as included in the CONSULTANT overhead costs. Any needed office ~paces or related supplies shall be provided by CONSULTANT and shall be considered to be included in the Scope of Services above. Professional Services 1 7 Rev June 2, 2010 S:\ASD\PURCffiSOLlClTATIONS\CURRENT BUYER~CM FOLDERS\KA THy\Contra cts\C 11137121-Hort Scienoo\Contract Cl1137721 • HORTSCIENCE. Inc.doc EXHIBIT "e .. l" ScliEDULE OF RATES The following hourly rates are effective through December 31,2010 and subject to escalation in January 2011. FIRM HortScience, Inc. CirclePoint POSITION Professionals Principal Consultant Arborist Technician Clerk Principal Senior Project Manager Project Manager Senior Associate Associate Assistant/Coordinator Clerical Creative & supportive services Creative Service Director Art Director Senior Graphic Designer Graphic Designer CopywriterlEditor IT Director IT Support Accounting M'anager Accounting Clerk Related Services & Reimbursables Copies In House $0.10 per page HOURLY RATES $165 $140 $85 $85 $40 $240 $180 $140 $120 $95 $75 $60 $200 $150 $85 $70 $100 $175 $75 $130 $70 Color Prints/Transparencies Duplication - In House $1.50 .. $1.75 per copy Outsourced at cost Faxes Postage at cost Phone at cost Mileage Per IRS Allowable Vendor & Sub-consultant Services $0.60 per page 10% mark up for administration Professional Services 18 Rev June 2. 2010 S:\ASD\PURCH\SOUCIT A TIONS\CURRENT BUYER~CM FOLDERS\KA THy\Contra cts\Cll137721·Hort Science\Contract Cll137721 - HORTSCIENCE, Inc.doc EXHIBIT "D" INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITy). AT THEIR SOLE EXPENSE, SHALL FOR THBTERM OF THECONTRAcr OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECiFIED BELOW. AFFORDKD BY COMPANIES WITIIAM . BEST'S KEY RATING OF A~:VII. OR H1GHER. 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 NO YES OCCURRENCE AGGREGATE WORKER'S COMPENSATION STATUTORY EMPLOYER'S LlABlLlTY STATUTORY BODILY INJURY $1.000,000 $1,000,000 GENERAL LIABILITY, IN~Lt:JDINO PERSONAL INJURY. BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACfUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000 LIABH..ITY COMBlNED. BODILY INJURY $1.000.000 $1,000,000 -EACH PERSON $1,000,000 $1,000,000 -EACH OCCURRENCE $1,000,000 $1,000,000 AUTOMOBll..E LlABILITY. 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, INCLUDlNO, ERRORS AND OMfSSIONS. MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCB ALL DAMAGES $1.000,000 THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND BFFECfTHROUOHOUTTHE ENTlRETERMOF ANY RESULTANT AGREEMENT. THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY. BUT ALSO, WITH TIlE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONALlNSURANCE~NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. 1. 1NSURANCE 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 LIAB1LITY ENDORSEMENT PROV1DING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPRO V AL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSUREDS" A. PRIMARY COYERAGE WITH RESPECT TO CLA1MS ARISING OUT OF THE OPERATIONS OF THE NAMED INSUREDt INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTlNG WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE 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 Professiollsl Services 19 Rev June 2,2010 S:\ASD\PURCmsOLlCITATIONS\CURRENT BUYER-CM FOLDERS\KA THY\Contra cts\CI'1137721-Hort Seience\Contract Cll137721 - HORTSCIBNCE. Inc.doc I ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS. SHALL NOT INCREASE THE TOT AI.. LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, 1lIE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTNE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 Professional Services 2 0 R-ev June 2,2010 ' S:\ASD\PURCH\SOLICITA TIONS\CURRENT BUYER-CM FOLDERS\KA THY\Contra cts\Cl 1 137721-Hort Science\Contract Cll137721 - HORTSCIENCE. Inc.doc Journal of Arboriculture 23(1 ): January 1997 Attachment B11 A MODEL OF URBAN FOREST. SUSTAINABILITY by James R. Clark, Nelda P. Matheny, Genni Cross and Victoria Wake Ab8tract. We present a model for the development of sustainable urban forests. The model applies general princlple8 of 8ustainablllty to urban tre9S and forests. The central tenet of the model is that sustainable urban forests require a heallhy tree and forest resouroe, community-wide support and a comprehensive management approach. For eaoh of these components, we present criteria and Indloators for assessing their status at a given point in time. The most sfgnlflcant outoome of a sustainable urban forest fs to maintain a maximum level of net environmental. ecological, 80clal. and economic benefits over time. Creation and management of urban forests to achieve sustalnabitfty is the long .. term goal of urban foresters. The notion of' sustainability in urban forests is po.orly defined In both scope and application. Indeed, the question of how to define eustainabillty, and even whether it oan be defined, is an open one (9, 12). At a simple leve), "a sustainable system Is on'8 which survives or persists" (5). In the context of urban forests, such a system would have continuity over time In a way that provides maximum benefits from the functioning of that forest. Since there is no defined end point for sustalnabillty, we assess sustainabHity by looking backwards, in a comparative manner (5). In urban' forests, we measure the number of trees removed against those replanted or regenerated naturally. In so doing, we assess progress towards a system that "survives or persists." Therefore, our Ideas of sustainability are "really predictions about the future or about systems •.. (5)." . This paper presents a working model of sustainabllity for urban forests. We describe ,specific criteria that can ~e used to evaluate sustainabifity, as wen as measurable indicators that allow ·assessment of those oriteria. In so doing, we accept sustainabillty as a process rather than a goal. As suggested by Kaufmann and Cleveland (12) and Goodland (5), we consider social and economic factors as well as natural science. Goodland believed that "general sustainabllity will come to be based on all three aspects" (social, economic and environmental), Maser (14) described sustaf~abi'ity as the "overlap between what is ecologically possible and what is Socjetally desired by the cur~ent generation", recognizing that both will change over time. Therefore, our approach Integrates the resource (forests and their component trees). with the people who benefit from them. In so dOing, we acknowledge the complexity of both the resource itself and the m.anagement programs that influence it. We also .recognlze that communities will vary In both the ecologioal possibilities and societal desires. Defining SU8talna~I.llty In developing a model of susta1nable urban . forests, we first examined how other sustainable systems were defined and described. Although we have concentrated on forest systems, other examples were considered. While some prinCiples. of sustainable systems were directly applicable to urban forests, others require modification or were in conflict with the nature of urban forests and forestry. . T~e Brundtland Commission Report (21) has g~merally setved as the starting point for disQu8sion about sustainable syatems. It defined sustainable forestry as: "Sustainable fores.try means manag.ing our forests to meet the n~eds of the present without compromising the ability of future .generatlons to meet their own needs by practicing a land stewardShip ethic which . Integrates the growing, nurturing and harvesting of trees for useful products with the 9Qnservatlon of soli, air. and waterqualily, and wildlife and.flsh habltat.1t Both Webster (22) and Wiersum (23) examined this deflnitiQn from the perspective of forest management. They recognized that issues of what is to be sustained and how sustainability Is to be implemented are unresolved. Wiersum ( 23) acknowledged the historical focus on sustaining yield and Its recent broadening to sustainable management. Webster (22) suggested a need for focus on the issue of scale: the size of the area or space to be Included. Further refinements in the Brundtland Commission's definition of sustainability were made by Salwasser (16) and Sample (17). Salw8sser (16) described sustainability as: "Sustainabllfty means the ability to produce andl or malrita,ln '8 desired set of cQnditions or things f.or some time into the future, not necessarily forever." . Salwasser (16) included environmental, economic and community' based components, acknowledging that sustainability is not simply a resource maHer. He also stressed that the goals and objectiv~s for forest' management cannot exceed the biological capacity of the resource, now and Into the future. Sample (17) focused more closely on forest management, emphasizing' the need for shared vision among diverse property owners. hi a workshop on ecosystem management, Sample described sustainable forestry as: "Management and p ractioes which are sln'l'ulta"neously environmentally sound, eoonomlca1ly viable and soolally responsible!' Some defi'nitions of sustainable forests are not ' directly applicable to urban settings. For example, the description presented at the conference on ~ustainable' Forestry (18) included comments aboUt capacity for self· renewal. Since regeneration of urban forests must occur in a directed. location .. specific manner, use of such a definition is inappropriate. 'Other definitions consider ,the goal of sustainable forests in a manner inconsistent with our conCept of urban forests. Thompson st al. (20) described sustalnability as "programs that yield "desired environmental and eoonomic benefits wlth'out wasteful, Inefficient design and practices. tJ While these authors were interested in urban settings, their approach was limited to municipal forestry programs rather than city-wide processes or results. Dehgf et al. (6) focused on California's native Monterey pine forest and restricted their definition of sustainability to that system. Clark at al.: Urban Forest Sustalnability, Moreover, their interest was limited to sustaining the "natural dynamic genetic process." In another: approach, the American Forest and Paper Association's Sustainable Forestry Initiative (1) is largely aimed ,at Industrial forest practice and products. This focus on industrial forestry seems largely incompatible with urban environments. Given the examples noted above, the role of humans in sustainable systems (including fore~ts) is generally accepted. However, Botkin and Talbot (2) (as criticized by Webster)' argued that sustainable develop'ment of tropical forests requires non"disturbance by humans. Again, thf$ idea is incompatible with urban forests. Applying Concepts of Sustainable Foreata to Urban Forests In moving the concepts of sustainable development of forests towards implementation and practice. Webster (22) raised several significant questions. We have considered thes~ questions from the urban forest perspective: What objects1 conditions, and values are to be ' sustained? In urban areas, we focus on sustaining net benefits of trees and forests at the broadest level. We are sustaining environmental quality, resource conservation, economic development, psychological health, wildlife habitat, and social welll"being. What is the range of forest activities tnst contribute to sustainable development? Simply put, urbanforestsrequira a broad set of activities,. from management of both single trees and large stands to education of the oommunlty about urban forests and development of comprehensive 'management plans. What Is the, geographic scsle at which sustainable -development can be most usefully applied? Political borders do n01 respect biology (and vice versa). Principles of ecosystem management argue for a scale based on ecological boundaries such as watersheds. However, cities form disorete pOlitical, economic and SOCial units. We must respect the reanty that political borders may be more significant to management than ecological boundaries. Urban forestry programs work within JotJrnal"of Arboriculture 23(1): January 1997 this geographical framework. For this projeot and model, we have chosen to focus on the city and Its geographic limits. While this'approac~ may vlo1ate some of the biological realities of forest stands, It logically reflects the jurisdiotional boundaries and typical management units found in cities. The more common alternative approach, working with ecosystems, is not without problems of definition and scale (7). What is the relationship 'of sustainable development for (urban forests) to new technology; effectively applied research and Investment in forest management? Urban forests stand to benefit tremendously from new technology, information and investment. Not only wlll 'the ability to ,select and grow trees in cities be enhanced, but the ability to quantify the benefits accrued by their presence will expand. , Wiersum (23) provided an In-depth look at sustainability in forest systems, noting the long hist6ry of the concept in forest practice. Many _ would argue that the concept of sustained yield Is not equivalent to sustainable development. Gatto "(9) discusses this fact at length. However, Wiersum (23) observed the evolution of forest sustain ability , towards multiple use, biological diversity, mitigating climate change and socioeconomic dimensions. Wiersum summarized four concepts involved with sustainable forest management as maintenanoe or sustenance of: • forest eoological oharacteristlcs • yields of useful forest products and services for human benefit • human Institutions that are forest- dependent • human Institutions that ensure forests are proteoted against negative external institutions. A similar perspective on s·ustainable forest management (13) described the measurable criteria as: • desired ,future condition (the vision of the forest In the future) • sustained yield • ecosystem maintenance • community (city) stability . 19 Keene (13) also noted that these prinCiples can be practiced in traditional forest management. Products derived from forests in which sustainable forest management is practioed may reoeive a third-party certification as such, In a manner similar to certification of organioally-grown produce. Maser, (14), Wiersum (23) and Charles (4) all argued that a sustainable forest would include biological, ,social' and economio issues. For example, from' the perspective of a fishery resource, sustainabllity is the simultaneous pursuit of ,ecological, socioeconomic, community an.d instItutional g08Is'(4). In Maser's view of ecological sustainabillty, the goals and needs of society must reffect the potential of the resource to meet them. This idea may be universal for sustainable development and must certainly be for urban forests. , This approach can' be directly applied to Cities, for we, want urban forests to contribute to environmental, economic ~nd social well .. belng. We need notsaorlfice one goal in pursuit of another. Trees reduce atmospheric contaminants at the same· time that they enhance community well·belng. While there may be conflicts in specific situations (eg. planting trees under utility lines or using invasive species), in general, all of the broad goals for urban forest 8ustainability are compatible with the others. ' In this sense, when we focus on appropriate management of trees and urban forests, where management activities take place with communlty .. supported goals and objectives, we focus on sustaining a broad range of values. We also concur with Charles' (4) oonclusion tha~ sustainabUity can only ~e achieved when: • Contrails looal (for fisheries, community and region-wide) • Management Is adaptive, recognizing the dynamic resource and its complexity • Property rights are respected In summary, a wide range of definitions for sustainable development have been derived from the original concept of the Brundtland Commission. No universally accepted derivation has arisen for forestry. Despite this problem, progress has been made in identifying criteria and markers for success. 20 Characteristics of Urban Forest Suetainability Given the general characteristics of sustainable .systems and the specUic nature of urban forests, wetdentlfled 4 principles to which any model of sustainability mu~t adhere. . 1. SUltalnablllty Is a broad, general goal. While we .may be able to describe the desired functlons.of a sustainable urban forest, we cannot yet design the forest to optimize them. A1though we know ti')at urban forests act to reduce atmospheric' contaminants, we do not yet know how. t~: design those forests to maximize that funetlo·n. However, we accept that existing urban forest~ provide these functions to some degree. Trees in citi~s serve to improve community well· being, rep~ce the urban heat island, eliminate contaminants from the atmosphere, etc. While there are costs involved tn planting, maintaining and removing trees in cities, In a sustainable urban forest the net bens'flts provided by these functions are gr~ater than the costs associated with caring for the forest; A sustainable urban forest provides con~nultY of these net benefits over tir,ne and th~ugh space. We therefore have decl«;jed to recognize the ge.neral character of sustainable sY$tems and develop steps that form such a system in urban areas. 2. ',Urban foreats primarily provide services rather than goods. Descriptions of sustainable' systems usually focus on the goods that system provides.le. sustained yield. Forests' provide fuel and fiber, agronomic systems provide food and flber,fishQrles provide food, etc. In such examples, goods. are the primary output. In contr~stJ goods comprise a rather limited output of 'the urban forests. The most Important outputs are services, such as reducing environmental contamination (from removing atmospheric gases to moderating storm water runoff), improving water quality, reducing energy consumption, providing social and psychological well-being, providing for wildlife habitat, etc. These services, or benefits, are provided in two ways: 1) direct (shading an individual home, raising the value 'of a residential property) and 2) indirect (enhancIng the wen .. belng of community residents). In planting and maintaining SUstainable urban Clark at a1.: Urban Forest Sustainabllity forests, we should strive for a balance among all benefl.s and not maximize the output of one service at the expense of all others. For example, one of the benefits that urban forests provlde is wildlife habitat. Maintaining the largest wildlife habitat possible could conflict with other servloes, such as limiting eoonomio development fro.m property development or creating oonfllots with humans. . 3. S~stalnable urban foreats require human lrit.rvention. One of the wonderful characteristics of natural systems is. their oapacity for self~' maintenance. Sustainable forests, farms and fisheries take advantage. of this fact by harvesting some limited segment of the resource. often with a 'period of .rest to allow renewal and replacement. . The Brundtland Commission Report (21), Maser (14) and Charles (4) emphasized this critiQal aspect of the resource to be sustained. For example, Goodland (10) defined environmental sustalnability as "maintenance of natural capital." Maser noted that a biologically sustainable forest is the foundation for all other aspects of a ~ustainable system. In forestry, there can be no sustainable yield, sustainable industry. sustainable community or sustainable society without a biologically sustainable resource. As Charles put it (for fisheries), '.'If the resource goes extinct, nothing else matters.1t Many (but not all) urban forests are a mosaic of native forest remnants and planted trees. The native remnants may have soma capacity for self- renewal and maintenance. particularly in greenbelts and other intact stands. However, the planted trees have essentially no ability' to regenerate In place. Therefore. we must accept, acknowledge and act on the fact that urban forests (particularly In the United States) may have a II mited ability to retain or replace biological capital (to use· Maser's term). This is particularly the case when we desire that regeneration occur in a manner appropriate for human benefits. Indeed, unwanted tree reproduction may actually have a net cost for control and eradication programs. Sustainable urban forests cannot be separated from the activities of humans. Such activity can be both positive an~ negative. In the latter case, creation and maintenance of urban Infrastructure Journal of Arboriculture 23(1): January 1997 can be extremely destruotive and disruptive. In essenoe, we supel'lmpose cities atop forests. The greater the Imposition, the tess natural the forests appear and f.unotlon (D. Nqwak, personal oommunicatlon) .. The adverse impacts of humans can be mitigated by positive actions such as planning, planting, and management; all occurring with com mol') commitment and shared vision. We cannot separate sustainable urban forests from the people who live In and ,around them. In fact, we want to .meld the two as muoh as possible. The implioations of this princlpl.e are far .. reaching. Flrst~ urban 10rests require active, consistent, continuing management. The accrual of net benefIts can only occur when adequate and reasonable care Is provided. Second, tree managers (both public and private) must involve the surrounding community in decisions and actions, regarding urban forests. We do not suggest abdicating responsibility on the part of tree managers; we' advocate sharing It. 4. Trees growing on private lands compose the majority of urban forests. While publicly .. owned'trees (prhnarlly In parks and along streets and other rights~of-way) have been the long- standing foous of urban forestry, they oomprise only a portion of the urban forest. An estimated 60 -90% 01 the trees In urban forests in the United States are found on privately owned land (see 19; also G. MoPherson, pars •. communication). Therefore, sustainable urban forests depend to a large degree .on susta,inable private forests. If we con'sider further that trees probably are not .evenly distributed among all private land .. holders, then we may also conclude that a small number of land owners and managers may be responsible for a large fraction of urban trees. For example, universities, business parns, corporate campuses, commercial real estate, autonomous semi~pubtic agenoies. utilities, ate. may manage large numbers of trees. The success of any effort at sustainability must include their participation and commitment. However, small private landholdings, particularly residential properties, may also constitute a signtflcant fraction of community trees. Their contribution to the urban forest must be 21 considered in any effort towards sustalnability. Defining Sustainable Urban Forests. Applying these 4 principles leads to the following definition of a sustainable urban forest: "The naturally QCcurring and planted trees In cities which are managed to provide the inhabitants with a continuing level 'of economic, social, environmental and ecological benefits today and Into the fut~re:' Applying this definition in urban areas requires accepting 3 ideas: 1. Communities must acknowledge that,clty trees provide a,wlde range of net benefits. Plantingfpreservlng and maintaining trees is neither simply a good thing nor an exercise. Rather, urban forests are essential to the current and future health of cities and their inhabitants. 2. Given the goal of maintaining net benefits over time, the regeneration of urban forests requires Intervention and management by humans. To quote David Nowak, "people want and need to direct the renewal prooess because natural regeneration does not meet most urban needs:' Therefore, urban forests cannot be sustained by nature, but by people. 3. Sustainable urban forests exist within defined geographic and political boundaries: those of cities. Moreover, sustainable urban forests are composed of all trees in the community, regardless of ownership. A Model of Urban Forest Sustainability Given the 3 premises listed above. we developed a model of urban forest sustalnabillty whioh is founded on three components: 1) vegetation resource~ 2) a strong community framework and 3) appropriate management of the resource. Within each component are a number of speclfio criteria for sustainability (see Tables 1, 2 and 3). 1. Vegetation resou ree. The vegetation resource is the engine that drives urban forests. Its composition, extent, distribution, and health define the limit of benefits provided and costs accrued. As dynamic organisms, urban forests (and the trees that form them)' ohange over time as they grow, mature and die. Therefore, sustainable urban forests must possess a mix of Journal of Arborjculture 23(1): January 1997 23 Table 2. Criteria of urban forest 8ustainablllty for the ComMunity Framework. Public agency cooperation Involvement of large ' private and institutional I~ndholders Green industry cooperation Insure aU oity departments operate with common goals and objectlv~s. Departments such as parks, public works, fl re, planning; school districts and (public) uUiitles should operate with common goals and objectives regarding the city's trees. Achieving this cooperation, requi res involvement of the city council and city commissions. Large private" Private landholders own and manage most of the landholders embrace city urban forest. Their interest in, and adherence to, wide goals and resource management plans is most likely to .obJectlves thro~gh result from a co'mmunity .. wide understanding and , specific resource valuing of the urb~n forest. In aU Iikelihood1 their management plans. their cooperation and Involvement cannot be mandated. The green Industry From commercial growers to garden centers and operates with high from landscape contractors to engineering professional standards ' professionalsl the green lndustry has a and commits to CitY .. wide tremendous Impact on the health of a clty's urban goals and ' forest. The commitment of eaoh' segment objectives. of this industry to high professional standards and their support for cIty-wide goals and objectives is necessary to ensure appropriate planning and implementation. Neighborhood Action At the neighborhood Neighborhoods are the building blocks of cities. They are often the arena where individuals feel their actions oan ma~e the biggest differenoe in their quality of life. Since the many urban trees are on paivate 'property (residential or commercial). neighborhood action is a key to level, citlzens ' understand' and participate In urban forest management. Citizen -government':' All constituencies in the business interaction community interact for the benefit of the utban forest urban forest sustal n ability . . Having public agenoles, private landholders, the green industry and neighbo.rhood groups aU share the same vision of the City's urban forest is a crucial part of sustalnability. This condition is not likely to re'sult from legislation. It wUl only result from a shared understanding of the urban torast1s value to the community and commitment to dialogue and cooperation among the, stakeholders. ' 24 Clark at at: Urban Forest SustainabiUty Table 2. Criteria of urban forest sustainability for the Community Framework (continued) General awareness of The general public Fundamental to the' sustalnablUty of a city's urban trees as a com'm~:nity understands the value of forest 1s the general publlc's understandIng of the resource' . , trees to the community. value of its trees. People who value trees elect officials who value trees. In tum, officials who value trees are more likely to require the ageno~es they oversee to maintain high standards for management and provide adequate funds for implementation. Regional cooperation Provide for cooperation Urban forests do not recognize geographic and interaction among boundaries •. Linking city's efforts to th.ose of neighboring communities' ne\ghborhig communIties allows for conSideration . and regional groups. and action on larger geographic and ecologIcal issues (SUch as water·quality and air quality). and social weU .. being. , . There are costs associated with the accrual of these benef"lts. Dead, dying' and defective trees may fail and In)l:Are c.itizens or damage property. Some speci~,$. may pose a health risk from allergenic responses. b~hers may compete with native vegetation and limit the function of naturally occurring fragments and systems. 2.Commu.nlty 'framework. A sustainable urban forest Is one in whieh the all parts of the community sh~(e a.vlslon for their forest and act to realize that yislQn throlJgh specifiC? goats and objectives (Table 2). It Is based in neighborhoods, public spaces. and priVate lan~s;. . At one level. this requlr~$ .that a community agree on ttie benefits of trees and act to maximize them. On an~ther level,' thl~. cooperation requires that private lando~ners acknowledge the key role of their trees to community. health. Finany, In an era of reduced government service, cooperation means shariIJ9 the flnane.lal, burden of caring for , the urban landscape~ : 3. Resource management. In many ways, this component Is n01 simply management of the resource but the philosophy of management as weH (Table 3). On one hand, specific poney vehicles to protect existing trees, manage species selec'tion, tr.ain staff and apply standards of care focus on .the tree resource itself. In contrast, acceptance of a comprehensive management plan and funding program by city government and its constituents allows shared vision to develop. Cities must recogn ize that management approaches will vary as a function of the resource and its extent. A goal of maint~inlng native wildlife hablta~ . ~ay best be achieved. where there is a strong native forest resource. For some cities, this is simply not attalnab~e. Similarly, management of the urban forest must exist in connection to the larger landscape (such as adjacent forests). For example, maintenance of intact riparian corridors requires the cooperation of the managing agency of the stream. Achlevi.,.g. Sustainable Urban Forests. A sustaInable urban .forest Is founded upon communlW cooperation, quality care, continued funding and personal involvement. It is created and maintained th rough shared Vision and cooperation with an ever-present focus on maximIzing benefits and minimizing costs. Taken together, they acknowledge the need fQr shared vision and responsibility, for direct Intervention with the resource and for programs of oare that are on-going and respons1ve. The implementation of Journal of Arboriculture 23(1); January 1997 Table 3. Criteria of urban forest sustainability for Resource Management. City .. wide n:tsnagement Develop 81}d Implement A Gity-wide manage'ment plan will add to an urban forest's sustainablllty by addressing Important Issues and creating a shared vision for the futu re of the community's urban forest. Elements may Include: speoles and planting plan, a management plan for' trees ~n public and private\ property. Funding Staffing Assessment tools Develop and maintain adequate funding to Implement a city-wide management plan. Employ and train adequate staff to implement a city-wide r:nanagement plan. guidelines; performance goals and standards for tree care; requirements for new development (tree preservation and planning); and specifications for managing natural and open space areas. Since urban forests exist on both public and private land. funding must be both public and private. The amount of funding available from both sources is often a reflection of the level of education and awareness within a community for the value of Its urban forest. An urban forest's sustainability is Increased when all city tree staffs utility and commercial tree workers and arborlsts are adequately trained. Cont1nulng education In addition to initial minimum skills andlor certifications desirable. Develop methods to l)slng canopy cover assessment, tree inventories, coUeet Information apout aerial mapping. geographic Information systems the u'rban forest on a and other tools, It Is possible to monitor trends in rouUne basis. a city's urban forest resource over time. Pr~tection of existing Conserve 'existing Protection of ~xlstlng trees and replacement of those that are removed is most often acoomp~;shed through polloy veh"loles. Ordinances that specify pruning standards and/or plaCe restrictions on the removal' of large trees resources, planted and natural, to ensure maximum function. Species andsita selection or other types of trees on publlo and private property and during development are examples. Provide guidelines and Providing good planting sites and appropriate specifications for species trees to flU them ,is crucial to sustalnabUity. use. on a context-Ailowlng adequate space for trees to grow and defined basis. selecting trees that a~e compatible with the site will reduoe the long-and short .. term _ maintenance requirements and enhance their longevity. AvoldJng speoies known to cause allergenic responses Is also important In some areas, 25 ' 26, Clark et al.: Urban, Forest SustalnablUty: Table 3. Criteria of urban foreat austainabillty for ~e8QUrc. Management (cO~tl~U8d) Standards for tre, care Adopt and adhere ,to SustainablUty will be enhanced by adhering to the professional standards such as the Tree Pruning G~ldellnes (ISA) and ANSI ZiSS publications. , profess/onal standards for tree care. Citizen safety Recycling Maximize public safety 'with respeot to trees .. , ,In designing parks and other public spaces, public safety should be a key factor in placement, sleleotion, and management of trees. Regular inspeotions for potential tree hazards is an Important element In the management program. Create a closed system A sustainable urban forest fs one that recycles Its for tree waste. products by compoStlng, reusing chips as mulch and/or fuel and ushig wood products as firewood and lumber. Table 4. Criteria and perf~rmance Indlqator8 for the Vegetation Resource. Criteria Canopy cover Performance Indicators LoW Moderate Good No assessment Visuai assessment Sampling of tree (I.e. photographic) cover using aerial photographs. Key Objective Optimal Information on Achieve cllmate.appropriate degree of tree urban forests cover, community-wide. Inc! uded In city- wide geographic Infonnatlon system (GIS). Age';. distribution of trees No a~G&Sm8nt In community Street tree "InventorY (complete or' public -private Included In city· Provide for uneven age distribution. S8!11ple) Species mix ' No assessment Strsettree Inventory Native vegetatIon No program of Voluntary use on Integration publlo projects sampling wide geographJo Clty·wlde assessment of, specIes mIx Aequlrements for use of native species on a proJect- appropriate basis Inronnatlon system (GIS). Included In clly~ wide geographic 'n'tannatlon system (GIS), Pres81V8lton of regIonal biodiversity ProvIde for speCies diversity. Presorve and manage regional biodiversity. Maintain the blologlcallntegrtty Qf native . remant forests. Maintain wildlife oorridors to and from the city. journal of Arboriculture 23(1): January 1997 27 , Table 5. Criteria and performance indicators for the Community Framework. ' Criteria Public agancy cooperation Involvement of large privata and Institutional .and hold.r. Oreen industry cooperation NeIghborhood action Oltlzen .. governm,nt • bu',iness Interacllon Gerie,al awaltinell of trees as community resource Regional cooperation low Conntotfng goals among departments Ignorance of Issue No cooperation among'segments of Industry (nursery. contractor. arborlst). No adherence 10 Industry standards, No action Conflicting goals among constituencIes' , Low •• trees as problems; a drain on budgets Communities operate independently Performance Indicators Key Objective Moderate No cooperation Education materials and advice available to landMholdel'6 ' General cooperation among nurseries - contractors ~ arborists. eto. Isolated and/or limIted no. of active groups No InteraGtlon among constituencies Mod8~le .-trees as Important to community Communities share similar polioy vehicles Good Optimal Informal working Formal working Insure all Oily departments operate with teams teams wI staff common goalS and objectives. coordination Clear goall for land·holden; Large private landholders embrace olty-wlde tree resource by develop, goals and objectives through speclfio private land· oompr.,henslve resource management plans. hOlders; Incentives treG management for preservatIon of private trees SpaclHc oooperative arrangements such es purchase oortlflcates for right tree, right place Clty-wlde ooverage and Interaction Informal end lor general cooperation High ··trees acknowledged to provide environmental services plans (1noludlng funding) Shared vision and The green,lndustry oper~tes With high goals Including the professlonal6landards and commits to city.. use of wide goals and objectives. professional ' standards. All neighborhooos At the neighborhood level. citizens organized and ul)der.iitan,d and participate in urban forest oooperatlng mUf!8Qement. Formal AU constituencies in the community lntemct interaCtion. e.g.. forthe benefit ofthe urban forest. tree board wi &taff (loordlnatlon Very high .. trees Tho general publlo understands the value of , as vital trees to, the community. components of economy and environment RegIonal pfanning Regional pJanning Provide for cooperation and InteraCtion coordination among neighboring commun1Ues and '~nd/or , ' regional groups. management plans a model for urban forest sustainabllity wou1d further redirect the traditional orientation of urban forest management away from" municipal trees to the mix of public and private trees. in this task, we have described indicators of success for each criteria (Tables 4, 5, and 6). A city that meets the highest level of each,indicator for each criteria would have the best tools and resources to achieve,sustainabillty. Achieving sustainabllity for urban forests involves,meeting each of these criteria. To assist , Our approach ,of developing' criteria and 28 Clark et al.: Urban Forest Sustainability Table 6. Criteria and performance Indicators for Resource Management. Criteria Performance indicators Key Objective Low ~oderate Good. . Optimal City-wide management 'plan No plao Existing plan limited In scope , and Govemment -wide Cllizen -Develop and implement a management plan plan, accePted government -for trees and forests on public and pl1vate and implemented business resource property. I mplamentatlon management plan, accepted and Implemented CIty-wide funding Funding by crisis Funding to Ad~quale funding Adequate funding. Develop and maIntain adequale funding to management optimlte existing to provide for net prIvate and public. Implement a clly-wlde management plan. population Incress. 10 to sustain pop\llatlon and maximum care potential benefits Cltystafflng No staff No traIning ',Certified arborlsts Professional tree Employ and train adequate staff to on staff care staff Implement city-wide management plan. Assessl1lent tool8 No on-going Paltlallnventory Complete Information on Develop metllods to collect InformatlDn program of Inventory' urban forests about the urban forest on 8 routfCl8 basis, aSS9ssment ;ndlcators is patterned after that found in the Santiago Agreement (11) which suggested ,criteria and indicators for the conservation and sustainability of temperate and boreal fore$ts. It recognlied that both quantitative and qualitative (descriptive) tndicators were needed, for not all oriteria could be accurately measured. Conclusions· Maser suggested that ecological susta,inability encompasses 4 ideals: 1. Providing a long-term balance between ~oCiety and the resource, today and in the fu~ure. ' . 2. Seeking to Increase the overlap between societal desires and ecological possibilities. 3. Developing assessment tools for both the resource and its outputs (bene,its, services). 4. Restoring ecosystems. Our model for urban forest ·sustainabUity adheres to these 4 ideals, placing them in an urban Included In CII~~ wide GIS conte~. It recognizes the nature of society In cities and encourages particip$tion at the broadest level. The model also acknowledges the need to foster regeneration, to provide for the continuity of the resource., Management of a sustainable urban forest ·Is based upon a shared viSion for the resource, in which goals and needs are balanced. Since sustainabillty is a general goal, we must be able to· ass~ss our progress rel~tive to defined standards .. Finally, we recognize that our actions, through such activities as development, wilt damage forests and their function. We accept the responsibility of restoration. Urban .trees 'and forests are oonsldered Integral to the sustainability of cities as a whole (3, 8). Yet. sustainable urban forests are not born, they are made. They do not arise at random, but result from' a community"wide commitment to theIr creation and management. Obtaining the commitment of a broad community, of . numerous .constituencies, cannot be dlotated' or legislated. It must arise out of compromise and respect. While policy vehicles such as ordinances playa role in managing the Journal of Atboriculture 23(1): January 1997 29 Table .6. Criteria and' performance Indicator. for Resource Management (continued) . Protection of 8xlstlng treea No policy vehicle Tree preservation TreG preservation InteQrated Conserve existing resources. planted and or policy not ordinance present plan required for planning program natural. to ensure maximum function. enforced and enforced all fOT conservation . . proJects .... publlc, and development private, commercial. residential Species and site selection Amitrary species No consl(.leratlon Identlfleatlon/prohl On-going use of Provld$ guidelines and specifications for adapted. hlgh~ specIes usa, IncludIng 8 mechanIsm for prohlbrtlons of undesirable bltion of species undesirable . petfonnlng evaluallng the site, species species with good . site· spedes '. ma.tch Standards for .tre8 care None Standards for Standards for Standards pa rt of Adopt and adhere to professional standards public trse care pruning, stock, community -wide (or tree care. etc. for all trees ylslon Citizen aafety CrisiS Informal Comprehenstve Safety part of cost MaxlmilB public safety with respect to trees. management Inspections hazard (failure, -benefit program tripping, etc.) program Recycling Simple disPosal Grsenwaste Green and wood Closed system -Create a olosed system tor tree waste. (i.e. land filling) of recyollng waste reoycllng -no outside green waste urban forest, developing commitment is probably more a ifunction .of education,' awareness and positive Incentives. This may represent our most sfgnifioant challenge: to provide information that creates commitment and guides action. This Is not to Ignore the budgetary requirements for sustainable urban forests. It has tong been our belief that if education were adequate J funding would' soon fonow. Despite' the current state of funding; we must hold to this perspective. Fln$.lly, sustainable urban forests also require a viable resource base', While urban foresters and arborists have'long·felt confident in their ability to sustain the· resource. we must acknowledge our limitations as well as our strengths. The optimal structure of urban forests, I.e,·the arrangement of trees in. a city, (emains the subject of research. Our. industry must strive to resolve QonflJots such as quality of nursery stock, ~ppropriate cultural praotices and the ma'tch between sHe considerations and speoles selection. reuse disposal Literature Cited 1 .. Ame{lcan Forest and Paper Association. 1995. Sustainable Forestry Initiative. ,American Forest and Paper Association. Washington D.C. 2. B()tkin, D. and L. Talbot. 1992. Biological diversity and forests. N.P., Sharma (Ed.). pp 47-74. In Managing the world's forests: Looking for balance betwe'en'conservatlon and development. Kendalll Hall Publishing Co. 3. Cent~u f()r the Study of Law and Politics. 1991. Urban Forestry. The Global Cities ProJeot. San FranCiSCO, CA. 112 pp. 4. Charles,· A .. 1994. Towards sustainablllty: The flsheryexperJence. Ecoiogical Economics 11 :201 -211. 5. Costanza, R. and B. Patten. 1995. Defining and predlotlng sustslnability. Ecological Economics. 15:193-196. a. Dehgit D., T. Huffman and J. Culver, 1994. California's native Monterey pine populations: Potential for sustainability. Fremontia 23(1 ):14.;23. 30 Forestry 7. FItzsimmons, A, 1996. Stop the parade. BloSclenoe 46 (2). 8. Gangloff, D. 1~95. The sustalnabla City. American Forests .. May/June 30-34, 38. 9. Gatto. M. 1996. Susta/nsbllity: Is It a well-defined concept? Eoologia (Soc. Italiana di Ecoligla) 16: 235 .. 240. 10. Goodland, R. 1995. The concept of environmental sustaln,.bllity. Annu. Rev. Ecology Systematics 26: 1·24. .1 11. Journal of Forestry. 1995'-SustainIng the WorJd's Forests -The Santiago Agreement. Criteria and Indicators for· the conservation and sustainable management of temperate and boreal forests. Journal o~ Forestry. 93 (4):18:-21. 12. Kaufmann. R. and C. Cleveland. 1995. Measuring sustalnabllity: needed -an InterdiscIplinary approach to an Interdisciplinary conoept. Ecological Economics. 15: 109 .. 112. 13. Keene, R. 1995. A dlrt .. forester's perspective. American Forests. May/June 18, 60 .. 61. 14. Maser, C. 1994. Sustainable Forestry - Philosophy. science and economics. 8t. Lucie Press, Delray Beach, FL. 373 pp. 15. Nowak, D., R. Rowntree, E. McPherson, S. Slslnn1. E. Kerkmann and J. Stevens. In preparation. Urban tree covar analysis. Submitted to Landsoape and Urban Planning. 16. SalW8sser, H. 1993. Perspectives on modeling sustainable urban forest ecosystems. D. LeMaster and R. Sadjo (ed,). pp 176-181,· In: Modeling Sustainable Forest· Ecosystems. Forest P·Olicy Center. Washington D~C.· , 17. Sample,·V. 'A. 1993a. Building partnershIps for ecosystem management on forest and range lands In mixed ownerships. Workshop synthesis. Forest Policy Center. Amerloan Forests. ·Washlngton D.C. 17pp. ' .", 18. Sample. V. A. (editor). 1993b; Defining sustainable forestry: Con1erence summary. Forest Policy Center. American Forests. Washington D.C. 17 pp. 19. Sampson, N.t G. Moll and J. Kielbaso. 1992. Opportunities to increase urban forests and the potential impacts 'on carbon storage and conservation. R. N. Sampson and D. Hair (ed.). In: Forests and Global Change. Volume 1. Opportunities fQr Increasing Forest Cover. American Forests. WashIngton D.C~ 20. Thompson" R., N. Pillsbury and R. Hanna. 1994. The elements of sustainabllity in urban forestry. California Department of Forestry and Fire Protection. Riverside, CA. 56 pp. Clark et al.: Urban Forest Sustalnability 21.WCED.1987. Our common future. (The Brundtland Commission· Report). Oxford University 'Press. Oxford England. 22. Webster, H. 1993. Some thoughts on sustainable development as a concept, and' as applied to fOl'9sts, Forestry Chron. 69:531 .. 533. 23. Wfersum, K. F. 1995. 200 Years of susts/nab/Illy . in forestry: Lessons from history. EnVironmental Management. 19(3):321 .. 329. Acknowledgment8~ Thanks to Greg McPherson, Dave Nowak. Richard Rideout, Paul Ales, Ed Macle, and Ray Tretheway for their comments and suggestions. Funding for this project was provided by a grant from the National Urban and Community Forestry AdviSOry Council th(Ough the U.S.D.A. Forest Service Urban and Community Forestry Challenge Cost .. share Program (No. G-5-94-20 .. 095). HortSclence, Inc. P.O. Box 754 Pleasanton, CA 94566 and C.alifornia AeLefifrrhe Trust for public Land 3001 Redh~1J Avenue ' Costa Mesa, CA 92626 .. - zU8sammenfa,sung. -Das Modell des' ~Ich selbsterh$1tenden Stadtwaldes wendetallqemelne Prinzipi.en de.r Selbsterhaltung auf stACttische Blume und WAlder an. Siah selbst erhaltende Stadtwalder erfardern sine q$Sunds Herkunft dar Pflanzen, kommunale UnterstOtzung· und ain umfassendes Management. Ole Kriterlen und llidikatoren~ um dlesen Status zu OberprOfen werden hler vorgestellt. Das'deutUchste Resultat sines sich selbst erhaltenden Stadtwaldss be·steht . darin, elnen··rt1axlmalen Grad an umweltbezogenen, okologisbhen,' sozi.alen und Okonomlschen Vorzugen zu erreichen: .