2002-110-Authorizing The Town Manager To Execute An Agreement With Dave Dockter Arboricultural Planning Consultant For Services As A Consulting Arborist To The TownRESOLUTION 2002 -110
.RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH
DAVE DOCKTER, ARBORICULTURAL PLANNING CONSULTANT, FOR SERVICES
AS A CONSULTING ARBORIST TO THE TOWN
RESOLVED, that the Town of Los Gatos Town Council has determined that there is a need
to review and update the Tree Protection Ordinance; and
RESOLVED, that the General Plan 2000 includes policies and implementing strategies
supporting this action; and
RESOLVED, that the Town of Los Gatos recently sent Requests for Proposals to Bay Area
certified arborists seeking proposals for preparation of the ordinance update; and
RESOLVED, that four qualified arborists submitted proposals for consideration; and
RESOLVED, that it was determined that Dave Dockter, APC, is the most qualified
consultant based on the proposals, interviews conducted by Town staff, and review of previously
prepared tree related documents; and
RESOLVED, that proj ectmanagerDave Dockter has applicable experience with preparation
.and updating of ordinances, the public hearing and planning processes, working with small
communities, and is able to provide :needed .services to the Town; and
RESOLVED, by the Town Council that the TOWN OF LOS GATOS enter into an
agreement .for services as a consulting arborst for purposes of updating the Tree Protection
Ordinance.
FURTHER RESOLVED, by the Town Council that the Town Manager is authorized and
directed to execute the agreement, attached hereto as Exhibit 1, for services as the consulting arborist
on behalf of the TOWN OF LOS GATOS.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 1st day
of :July 2002, by the following. vote:
COUNCIL MEMBERS:
AYES: Steve Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway.
NAYS : None
ABSENT: None
ABSTAIN: None
SIGNED:.
MAYOR THE TO F LOS GATOS
LOS GATOS, CALIFO IA
ATTEST:
'~/d'-V-~~'~I P
CLERK OF 'THE 'TOWN OF LOS GATOS
.LOS GATOS, CALIFORNIA
2
~rFIGE OF THE TO~~T; CLERK
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AGREE'ME'NT FOR GENERAL PLAN IMPLEMEN'1'A
CONSULTANT SERVICES `?EC
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THIS AGREEMENT is entered into this 17th day of June, 2002, by and between the Town
of Los Gatos, State of California, herein called the "Town", and Dave Dockter, Arboricultural
Planning Consultant (APCj, engaged in providing Tree Protection Ordinance update consulting
services herein called the "Consultant".
.RECITALS
A. The Town is undertaking activities to complete a number of implementing strategies from
the General Plan 2000, among which is review and update of the Tree Protection Ordinance.
B. The Town desires to engage Dave Dockter, a certified arborist, to provide consulting services
for the update of the Tree Protection Ordinance, because of Consultant's experience and
qualifications to perform the desired work.
C. The Consultant represents and affirms that he is qualified and willing to perform the desired
work pursuant to this Agreement.
AGREEMENTS
NOW, THEREFORE,'THE PARTIES HERETO AGREE AS FOLLOWS;
A. .Scope of Services. The Consultant shall provide the following services listed in the Scope
of Work attached hereto as .Exhibit "A" and by this reference incorporated herein, and the
services listed below.
The Consultant shall carry out this prof ect under the direction of the Director of Community
Development for the purpose ofreceiving information, reviewing progress. and providing the
guidance needed to solve problems that may arise..
B. Time of Performance. The services of the Consultant shall commence upon the execution
of this Agreement and issuance of a Town purchase order, and will continue to December
30, 2002. The time line may be extended upon mutual agreement of the Town and
Consultant.
C. Compliance with .Laws. The Consultant shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Consultant represents
and warrants to Town that it has all licenses, permits, qualifications and .approvals of
whatsoever nature which are legally required for Consultant to practice its profession.
Consultant represents and warrants to Town that Consultant shall, at its sole cost and
expense,. keep in effect or .obtain at all times during the term of this Agreement any licenses,
permits, and approvals which are legally required for Consultant to practice its profession.
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Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of
the Code of the Town of Los Gatos.
D, Sole ResponsibilitX, Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
E. InformationlReport Handling. All documents. furnished to Consultant by the Town :and all
reports and supportive data prepared by the Consultant under this Agreement are the Town's
property and'shall be delivered to bhe Town upon the completion of Consultant's services or
at the Town's written .request. All reports, information,. data, and exhibits .prepared or
assembledby Consultant in connection with the performance of its services pursuant to this
Agreement are confidential until released by the Town to the public, and the Consultant shall
not snake any of the these documents or :information available to any individual or
organization not employed by the Consultant or the Town without the written consent of the
Town before such release. The Town acknowledges that the reports to be prepared by the
Consultant pursuant to this Agreement are for the purpose of evaluating a defined project,
and Town's use of the information .contained in the reports prepared by the Consultant in
connection with other projects shall be solely at Town's risk, unless Consultant expressly
consents to such use in writing. Town further agrees that it will not appropriate any
methodology or technique of Consultant which is and has been confirmed in writing by
Consultant to be a trade secret of Consultant.
F. Compensation. Compensation for Consultant's professional services shall be $12,000., as
specified in the budget. included in Exhibit B.
G. Billing shall be accompanied by a detailed explanation of the work performed by whore at
what rate and on what date. Also, plans, specifications, documents or other pertinent
materials shall be submitted for Town review,. even if only in partial or draft form.
Payment shall be net thirty (30) days.
All invoices and statements to the Town shall reference the Town's purchase order number
.and be addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 6SS
Los Gatos, CA 95030
Statements:
Town of :Los Gatos
.Attn: Finance Department
P,O. Box 655
Los Gatos, CA 95030
H. Availability of Records. Consultant shall maintain the records supporting this billing for not
less than three (3) years following completion of the work under this Agreement.. Consultant
shall make these records available to authorized personnel of the Town at the Consultant's
offices during business hours upon written request of the Town.
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I. .Project Manager. The Project Manager for the work under this Agreement shall be Dave
Dockter.
J. Assi ny and Subcontracting, 'The services to be performed under this Agreement are
unique and personal to the Consultant. No portion of these services shall be assigned or
subcontracted without the written consent of the Town,
Notices. Any notice .required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
To Town:
Town of Los Gatos
Community Development Department
P. O. Box 949
Los Gatos, CA 95031
To Consultant:
Dave Dockter, APC
255 Calle Marguerita
Los Gatos, CA 95032
or personally delivered to Consultant to .such address or such other address as Consultant
designates in writing to Town.
K. :Independent Contractor. It is understood that the Consultant, in the performance of the work
and services agreed to be performed, shall act as and be an independent contractor and not
an agent or employee of the Town. As an independent contractor he/she shall not obtain any
:rights to retirement benefits orother benefits which accrue to Town employee(s). With prior
written consent, the Consultant may perform some obligations under this Agreement by
:subcontracting, but may not delegate ultimate responsibility for performance or assign or
transfer interests under this .Agreement.
L. Consultant agrees to testify in any litigation brought regarding the subject of the work to be
performed under this Agreement. Consultant shall be compensated for its costs and expenses
in preparing for, traveling. to, and testifying in such :matters at its then current hourly rates
of compensation, unless such litigation is brought by Consultant or is based on .allegations
of Consultant's negligent performance or wrongdoing.
M. Conflict of Interest. Consultant understands that its professional responsibilities issolely to
the Town. The Consultant has and shall not obtain any holding or interest within the Town
of Los Gatos. Consultant has no business holdings or agreements with any individual
member ofthe Staff or management of the Town or its representatives nor shall it enter into
any such holdings or agreements. In addition, Consultant warrants that it doesnot presently
.and shall not acquire any direct or indirect interest adverse to those of the Town in the
subject of this.Agreement, and it shall immediately disassociate itself from such aninterest
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~ i~
interest. Consultant shall not knowingl r~ and shall take reasonable tees to ensure that it does
not employ a person having such an interest in this performance of this Agreement. If after
employment of a person, Consultant discovers it has employed a person with a direct or
indirect interest that would conflict with its performance of this Agreement, Consultant shall
promptly notify Town of this employment relationship., and shall, at the Town's sole
discretion, sever any such employment relationship.
N. .Equal Employment OpportunitX. Consultant warrants that it is an equal opportunity
employer .and shall comply with applicable regulations governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate
against persons employed or seeking :employment with them on the basis of age, sex., color,
race, marital status, sexual orientation, ancestry, physical or mental disability, national
origin, religion, or medical condition, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment & Housing Act.
O. Insurance.
A. Minimum Scope of Insurance:
Consultant agrees to have and maintain, .for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to an
amount not less than: one million do lars ($1,000,000) combined single limit
per occurrence for bodily injury, personal injury and property damage.
ii. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to
an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
iii. Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all
certificates and endorsements are to be received and approved by the Town
before work commences.
B. General Liability:
The Town, its officers, officials, employees and volunteers are to be covered
as insured as respects.; liability arising out of activities performed by or on
behalf of the Consultant; products and completed operations of Consultant,
premises owned orused by the Consultant. This requirement does not app y
to the professional iabilty insurance required for professional errors and
omissions.
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ii. The Consultant's insurance coverage shall be primary insurance as respects
the Town, its officers, officials, employees and volunteers. Any insurance or
self-insurances maintained by the Town, its officers, officials, employees or
volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees or
'volunteers.
iv. The Consultant's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
C. All Coverages: Each insurance policy required in this item shall be endorsed to state
that coverage shall not be suspended, voided, cancelled, reduced in coverage or in
limits except after thirty (30) days' prior written notice by certified mail, return
receipt requested, .has been given to the Town. Current certification of such
insurance shall be kept on file at all times during the term of this agreement with the
Town Clerk.
ID. In addition to these policies, Consultant shah have and .maintain Workers'
Compensation insurance as required by California law and shall provide evidence of
such policy to the Town before beginning services under this Agreement. Further,
Consultant shall ensure that all subcontractors employed by Consultant provide the
.required Workers' Compensation insurance for their respective emp oyees.
P. Indemnification. The Consultant shall save, keep and hold harmless indemnify and defend
the. Town its officers, agent, employees and volunteers from all damages, liabilities,
penalties, costs, or expenses in law or equity that may at any time arise or be set up because
of damages to property or personal injury received by reason of, or in the .course of
performing work which may be occasioned by a willful or negligent act or omissions of the
Consultant, or any of the Consultant's officers,. employees, or agents or any subconsultant.
Q. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall
operate as a waiver of any other right or remedy that party may have hereunder, nor does
waiver of a breach or default under this Agreement constitute a .continuing waiver of a
subsequent breach of the same or any other provision of this Agreement.
R. Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior or Municipal Court of the County of Santa Clara.
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S. Termination of Agreement. The Town and the Consultant shall have the right to terminate
this agreement with or without cause by giving not less than fifteen (15) days written notice
of termination. In the event of termination, the Consultant shall deliver to the Town all
plans., files, documents, reports, performed to date by the Consultant. In the event of such
termination, Town shall pay Consultant an amount that bears the same ratio to the maximum
contract price as the work delivered to the Town bears to completed services contemplated
under this Agreement pursuant to Exhibit A hereto, unless such termination is made for
cause, in which event, compensation, if any, shall be adjusted in light of the particular facts
and circumstances :involved in such termination.
T.. Amendment.. No modification, waiver, mutual termination, or amendment of this Agreement
is effective unless made in writing and signed by the Town and the Consultant.
U. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
V. Entire Agreement. This Agreement, including Exhibit A, constitutes the. complete and
exclusive statement of the Agreement between the Town and Consultant. No terms,
conditions, understandings or agreements. purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of the
date indicated on page one (1).
Town of Los Gatos. by:
Debra J. Figone, Town Manager
Approved as to Form:
Orry P. Korb, Town Attorney
ATTEST:
Clerk of the Town of Los Gatos,
Los Gatos, California
Consultant, by:
Marian V. Cosgrove, Town Clerk
Dave Dockter
Arboricultural Planning Consultant
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SCOPE OF WORK
Tree Preservation Ordinance Update
TECHNICAL APPROACH
Dave Dockter, Arborcultural Planning Consultant (APC), will prepare a draft update of the
Town of Los Gatos Tree Preservation Ordinance.
The objective in preparing this proposal will be to improve the .existing ordinance to .address
current issues and concerns identified by staff. The :goal of the update is to ;produce a draft
ordinance for staff to present for Council review and direction.
In preparing this proposal I have included four casks, which will ensure that the Update's scope,
content, and format reflect a document consistent with provisions of the Municipal Code,
Hillside Development Plan and is consistent with other goals and objectives of the Town's
General Plan.
ORGANIZATION
No subcontractors will be used without the written permission of the Town of Los Gatos. Dave
Dockter, APC will provide timely response to the Town of Los Gatos.
PROJECT APPROACH
The following work program includes a series of tasks which address the specific provisions of
State law, and which ensure that the Ordinance's scope, content, and format reflect a document
consistent with the Town's General Plan.
Task 1 -Review of Existing Tree Preservation Ordinance
Arboricultural Planning Consultant will conduct a thorough review of the 1984 Tree Preservation
Ordinance to assess its goals, policies, and programs, and to :quantify the impact of its effect on
the preservation of trees. This task will require research into the Town of Los Gatos General
Plan, Zoning Ordinance, the draft Hillside Development Standards :and Guidelines and other
relevant materials..
Task 2 -Research, Findings and Comparison
Dave Dockter, APC will meet as needed with the Town Planning Department, City .Attorney,
Public Works and Parks, Forestry :and Maintenance Services .and other staff to assure consistency
with City policies and to determine areas of need. Comparison of tree ordinances from other
small communities in the Bay Area and consideration of input from Town staff, Commission and
Exhibit A
Dave Dockter Arboricultural Planning Consultant
.255 Calle Marguerita, Los Gatos, CA 95032 * davedockterCa~attbi.com 408-866-2534
June 10, 2002 ~ ~
Scope of work Town of Los Gatos -Update of the Tree 'Preservation Ordinance
Page 2
Council members would be part of the research. Staff has identified the following current issues
and concerns to be .addressed in the update:
• Revisit 3:1 tree replacement requirement
• Appropriate species should be used for specific location
• Health and safety concerns-hazardous trees
• In-lieu fee/tree :removal :and replacement mitigation
• Tree pruning standards
• Enforcement and penalties to remedy illegal pruning or removal
• Removal of vegetation during construction
• Specific exemption for selective species (e.g., eucalypts)
• Strong protection and preservation of trees during .construction
Dave Dockter, APC does not anticipate any constraints, problems and issues during execution of
the services, however, if any arise, APC will consult with Town staff and other sources and will
propose viable alternatives for staff to review..
Task 3 -Public Meetings and Reports
Based on the Town's Request for Proposal, Dave Dockter, APC anticipates four (4) public
meetings. The total number of meetings for a project of this nature is difficult to identify, but
APC is committed to attend .additional meetings as necessary to accommodate the Town's
schedule. Additional meetings will be subject to additional billing.. After delivery of the draft
Ordinance, APC expects the Town's staff to prepare staff reports, noticing, advertising, etc.
which may be necessary to accompany the draft Ordinance for Planning Commission, City
Council and other public meetings.
Task 4 -Draft Tree Preservation :Ordinance and Timeline
Dave Dockter, APC shall be responsible for preparing and delivering a draft Tree Preservation
Ordinance Update to the 'Town and making revisions per staff comments two times. Additional
revisions will be subject to additional billing. Timeline for delivering the draft Ordinance is
expected to be approximately .four months after contract commencement.
Dave Dockter Arboricultural Planning Consultant
255 Celle Marguerite, Los Gatos, CA'95032 davedockterna.attbi.corn 408-866-2534
BUDGET
Tree Preservation Ordinance Update
BUDGET
The following presents the APC estimate of the level of effort and detail :required to complete
Tasks 1 through 4 of the proposed work program: The proposed budget for Tasks 1 through 4
estimates $11,960, excluding noted expenses. However, unanticipated tasks are likely to arise.
Therefore, I propose an additional 20% contingency be included in the budget to enable staff to
address these unforeseen needs. The contingency will only be used subject to the Director's
approval. The total budget for the project, including contingency, would be .$14,490..
asks
Hours
Task 1 -Review of Existing Tree Preservation Ordinance 10
Task 2 -Research, Findings and Comparison 38
Task 3 -Public Meetings and Reports 16
Task 4 - Draft'Tree Preservation Ordinance and Timeline 40
Continency (20%) 21
125
The budget is based on an hourly rate of $115 per hour, and is inclusive of travel costs. Postage,
presentation materials and other miscellaneous expenses will be billed at shop rates with receipts.
Invoices will be submitted to the Town on a monthly basis and billing will include .only those
hours actually expended on each task.
Hours for meetings or revisions, which exceed the total proposed, would be billed additionally
on atime-and-expenses basis. If the scope of work for the project is revised or extended by the
Town, the scope of services and budget will need to be amended .accordingly.
Exhibit B
Dave Dockter, Arboricultural Planning Consultant
255 Calle Marguerita, Los Gatos,. CA 95032 _davedockter(c~attbi;com 408-866-2534