Loading...
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 qGR ~~ , /~~~ t t-IH AGREE'ME'NT FOR GENERAL PLAN IMPLEMEN'1'A CONSULTANT SERVICES `?EC - r9~~j~ 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. Revised; November 13, 2000 Page 1 of 6 N:\DEY~S UZANNE~Arborist~Dockter-contract, wpd 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. Revised: November 13, 2000 Page 2 of 6 N:~DEV~SUZANNEWrboristCDockter-contract.wpd 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 Revised: November 13,.2000 Page 3 of 6 N:\DEV\SUZANNE\Arborist\Dockter-contract. wpd ~ 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. Revised: November 13, 2000 .Page 4 Of 6 N:~DE V\S UZANNE\Arborist~Dockter-contract.wpd 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. Revised: November 13, 2000 Page 5 of 6 N:\DEV\S UZANNEWrborist\Dockter-contract.wpd 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 Revised: November 13, 2000 Page 6 of 6 N:\DE V\S UZANNE\Arborist\Dockter-contract.wpd 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