Staff Report
PREPARED BY: JOEL PAULSON
Community Development Director
Reviewed by: Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/20/2016
ITEM NO: 6
DATE: DECEMBER 13, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH
MONARCH CONSULTING ARBORISTS LLC TO PROVIDE SERVICES AS A
CONSULTING ARBORIST TO THE TOWN.
RECOMMENDATION:
Authorize the Town Manager to execute an agreement with Monarch Consulting Arborists LLC to
provide services as a Consulting Arborist to the Town.
BACKGROUND:
The Town’s Consulting Arborists assist Town staff and Town decision makers in the application review
process for most discretionary development projects, providing necessary information on existing tree
health and suitability for retention, potential impact to existing trees, and necessary mitigation
measures to protect existing trees. The Consulting Arborist also assists in reviewing appeals of tree
removal permits. Currently, Deborah Ellis and Walter Levison are the Town’s Consulting Arborists.
On August 17, 2015, the Town distributed a Request for Qualifications (RFQ) for a consulting arborist.
Four proposals were received and reviewed by staff. The four applicants were all qualified to provide
consulting arborist services to the Town. On October 20, 2015, Town Council authorized the Town
Manager to execute agreements with Deborah Ellis and Walter Levison. Deborah Ellis informed the
Town that she will be retiring on December 31, 2016. Staff recommends continuing to retain two
Consulting Arborists which necessitates the execution of an agreement with the next qualified arborist
from the original RFQ submittals.
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SUBJECT: AGREEMENT WITH MONARCH CONSULTING ARBORISTS LLC
DECEMBER 13, 2016
S:\COUNCIL REPORTS\2016\12-20-16\06 Arborist Agreement\06 Staff Report FINAL.doc 12/15/2016 9:50 AM SR
DISCUSSION:
The Consulting Arborists serve in a similar capacity to other Town development review
consultants such as the consulting architect, and geotechnical and environmental consultants.
Specifically, typical tasks that the Consulting Arborist may provide include the following:
Site analysis and preparation of reports for proposed development projects
Peer review of arborist reports submitted by applicants
Review of landscape plans for hillside development, Planned Developments, and/or
commercial projects
Review of trees that are the subject of an appeal of a denied tree removal permit
Review and update of the Tree Preservation Ordinance and the Hillside Development
Standards & Guidelines landscape and tree preservation criteria
Inspection of tree protection fencing
Construction monitoring
Attendance at public hearings
CONCLUSION:
Staff recommends that the Town continue to retain two Consulting Arborists so that there is a
backup. Based on the qualifications of Monarch Consulting Arborists LLC, staff recommends
that the Town Council authorize the Town Manager to execute an agreement with Monarch
Consulting Arborists LLC to serve as one of the Consulting Arborists for the Town.
FISCAL IMPACT:
Arborist assessment is a cost recovery activity as part of the development review process.
Applicants pay a fee to the Town to cover the consultant costs to prepare arborist documents.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Consulting Arborist Agreement for Monarch Consulting Arborists LLC (includes
Exhibit A)
Distribution:
Richard Gessner, Monarch Consulting Arborist LLC, P.O. Box 1010, Felton, CA 95018
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AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is dated for identification this 1st day of January 2017 and is made by and
between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Monarch
Consulting Arborists LLC, (“Consultant”), whose address is P.O. Box 1010, Felton, CA 95018. This
Agreement is made with reference to the following facts.
I. RECITALS
1.1 Town has a need for consulting arborist services for evaluation of trees on properties
within the Town of Los Gatos.
1.2 Town desires to engage a certified arborist to review, analyze, and comment on
development project plans; prepare technical analyses and reports; conduct peer review
of outside arborist reports; and attend public meetings as needed.
1.3 Consultant represents and affirms that he is qualified and willing to perform the desired
work pursuant to this Agreement.
II. AGREEMENTS
2.1 Scope of Services. Consultant shall provide the services listed below.
Administrative Duties
When needed by Town, assess the potential impacts to trees associated with proposed
development and redevelopment projects. This shall include evaluating plans for
development proposals, reviewing arborist reports and/or identifying mitigation measures
and recommending preservation measures and conditions of approval.
a. When needed by Town, work on special studies or projects including but not
limited to: preparation of a checklist for content of arborist reports for application
packets; emergency response and coordination; review of tree removal permits
that have been denied and appealed; and review of landscape plans for hillside
homes, Planned Developments, and/or commercial projects.
b. When needed by Town, conduct field investigations, studies, and prepare reports
related to tree removals and impacts from proposed construction, and develop
recommendations for mitigation and preservation measures.
c. When needed by Town, assist in the establishment and subsequent modification of
Town's tree and landscape related ordinances, design guidelines, policies, and
development fees.
ATTACHMENT 1
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d. When needed by Town, attend meetings with Town staff, public officials,
community leaders, developers, contractors, and the general public.
e. When needed by Town, advise, support, and assist Town departments,
committees, commissions, and Town Council. In addition, act as a liaison between
Town and Federal, State, and Regional agencies.
f. When needed by Town, attend Town Council, Planning Commission, and special
study session meetings when tree and/or landscaping issues and project
applications with tree removals, impacts to trees, and/or landscape plans are being
considered.
g. As requested by Town, provide copies of draft and final draft work products of
reports and studies prepared for Town. Consultant shall provide electronic file
copies of these documents as needed.
Other Miscellaneous Services
The Town may occasionally have the need for other services not specifically listed in this
document that the consultant has the necessary experience and capabilities to provide.
Town may authorize consultant to perform such selected services on an as-needed basis.
2.2 Time of Performance. Consultant shall perform the services described in this agreement
as follows: the services of Consultant are for a five year period that will commence upon
the execution of the contract; should Town not renew a contract, the award and
authorization of the contract shall automatically expire; and Town shall give Consultant at
least 30 days’ notice, prior to the cancellation or expiration of the contract.
2.3 Compliance with Laws. 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 shall maintain a Town of Los Gatos business license pursuant to
Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
2.5 Information/Report 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 the Town upon the completion of Consultant's
services or at the Town's written request. All reports, information, data , and exhibits
prepared or assembled by Consultant in connection with the performance of its services
pursuant to this Agreement are confidential until released by the Town to the public, and
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the Consultant shall not make any of the these documents or info rmation 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.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed the
established hourly rates, as set forth in the Fee Schedule (Exhibit A), which is attached
hereto and incorporated herein by reference. Payment shall be based upon Town
approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the
service and shall be accompanied by a detailed explanation of the work performed, by
whom, 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 be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not
less than three years following completion of the work under this Agreement. Consultant
shall make these records available to authorized personnel o f the Town at the Consultant's
offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Consultant. No portion of these service s shall be assigned or
subcontracted without the written consent of the Town.
2.10 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 contra ctor
and not an agent or employee of the Town. As an independent contractor he/she shall not
obtain any rights to retirement benefits or other benefits which accrue to Town
employee(s). With prior written consent, the Consultant may perform some obligati ons
under this Agreement by subcontracting, but may not delegate ultimate responsibility for
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performance or assign or transfer interests under this Agreement. Consultant agrees to
testify in any litigation brought regarding the subject of the work to be pe rformed 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.
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely
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 of the Staff or management of the Town or its representatives nor shall it enter
into any such holdings or agreements. In addition, Consultant warr ants that it does not
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 an
interest, should it discover it has done so and shall, at the Town's sole discretion, divest
itself of such interest. Consultant shall not knowingly and shall take reasonable steps 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.
2.12 Equal Employment Opportunity. 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.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance.
i. 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 dollars ($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 insuring 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.
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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.
iv. Consultant agrees to have and maintain, for the duration of the contract,
professional liability insurance in amounts not less than one million dollars
($1,000,000) which is sufficient to insure Consultant for professional errors
or omissions in the performance of the particular scope of work under this
agreement.
General Liability
i. 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; and premises owned or used by the Consultant. This
requirement does not apply to the professional liab ility insurance required
for professional errors and omissions.
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.
3.2 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, ha s
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.
3.3 Workers’ Compensation. It is understood that Consultant currently has no employees. If
employees are hired in the future, Consultant shall obtain and maintain Workers'
Compensation insurance as required by California law and shall provide evidence of such
policy to the Town. Consultant shall ensure that all subcontractors employed by
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Consultant provide the required Workers' Compensation insurance for their respective
employees.
3.4 Indemnification. The Consultant shall save, keep, hold harmless, and 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.
IV. GENERAL TERMS
4.1 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.
4.2 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 Court of the County of Santa Clara.
4.3 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 days (15) 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, 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.
4.4 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.
4.5 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.
4.6 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: To Consultant:
Joel Paulson Richard Gessner
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Community Development Director Monarch Consulting Arborists LLC
Town of Los Gatos P.O. Box 1010
110 E. Main Street Felton, CA 95018
Los Gatos, CA 95030
Fax: (408) 354-7593
Phone: (408) 354-6879 Phone: (831) 331-8982
E-mail: jpaulson@losgatosca.gov E-mail: rick@monarcharborist.com
or personally delivered to Consultant to such address or such other address as
Consultant designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the
terms and conditions of this Agreement in respect to the Products or Services and any
attachments to this Agreement, then the terms and conditions of this Agreement shall
prevail over attachments or other writings.
4.8 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.
Town of Los Gatos Consultant:
____________________________ ______________________________
Laurel R. Prevetti, Town Manager Richard Gessner
Town of Los Gatos Monarch Consulting Arborists LLC
Department Approval:
___________________________
Joel Paulson
Community Development Director
Approved as to Form:
s Gatos, California
___________________________
Robert W. Schultz
Town Attorney
December 13, 2016
Basic Rate Sheet and Services
HOURLY RATE VALUE
General consulting services ......................................................................$225.00/Hour
Hourly rate = $225.00 per hour for general arborist’s reports including tree protection
guidelines for construction and development projects. Contracts can be billed hourly, contract
price, or on a “not to exceed” basis.
RISK ASSESSMENTS AND APPRAISALS
VALUE
Tree Risk Assessment…………………………….…………………………………….$225.00/Hour
Tree Appraisal/Valuation...........................................................................$225.00/Hour
Single tree Risk Assessment or Appraisal reports starting at $675.00. Multi-tree assessments can
be billed hourly, contract price, or on a “not to exceed” basis.
TREE INVENTORY AND MAPPING VALUE
Tree inventory and mapping......................................................................$225.00/Hour
Includes management recommendations starting at $675.00.
PEST AND DISEASE DIAGNOSIS AND TREE MANAGEMENT PLANS
VALUE
Pest and disease diagnosis and recommendations.................................. $225.00/Hour
Needs assessment - Tree pruning, removal, water management, fertilization, spraying,
and general campus management plans....................................................$225.00/Hour
Initial assignments will be determined prior to site visit and are subject to rate change. Written documentation
will be produced for all services. Charges for ancillary services provided will apply, including but not limited to,
overnight courier or mail service, messenger deliveries, facsimile and photocopy services. Any and all quotes are
merely estimates and are not are not a maximum or fixed-fee quotation. All rates are subject to change within the
absolute and sole discretion of Monarch Consulting Arborist LLC. Travel billed at $225.00 per hour plus milage.
Expert witness and legal assistance work rates will be provided upon assignment request.
Rick Gessner, Monarch Consulting Arborists LLC, 831.331.8982, rick@monarcharborist.com
ISA Board Certified Master Arborist WE-4341B/ASCA Registered Consulting Arborist® #496
www.monarcharborist.com EXHIBIT A