HomeMy WebLinkAboutCC AG PKT 2010-02-08 #K AGENDA STAFF REPORT
DATE: February 8, 2010
TO Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Terrence L. Belanger, Interim Director of Public Works
SUBJECT: STREET TREE MASTER PLAN
SUMMARY OF REQUEST:
The City Council is asked to direct staff to solicit proposals, from landscape
architects, for the preparation of a Citywide Street Tree Master Plan, by releasing
and circulating a Request for Proposal (RFP).
BACKGROUND:
In April 2009, the City embarked on the development of a Citywide Street Tree
Master Plan. The City engaged West Coast.Arborists, Inc. and RMA International
to assist with the project.
A Citywide Street Tree Master Plan includes:
• A Goal Statement
• Tree Policies
• Standard Tree Planting Plan
• Tree Trimming Standards
• Tree Palette
• Tree Planting Plan by street and by block
.• Tree Inventory
• Implementation Plan
The CityTree Advisory Board (CTAB) has been involved in preparation of the
Street Tree Master Plan; asked for their input on the tree palette and specific tree
planting plan. The group, through their spokesman, articulated some goals for
the Street Tree Master Plan which include: trees appropriate for the environment,
trees which provide shade, flowering trees, trees with substantial limb structure,
and trees which are readily available
There were several issues which staff believed needed City Council input in
order to finalize the Citywide Street Tree Master Plan.
Agenda Item K
Page 2
The City Council set a time for a work session, 5:00 p.m., January 19, 2010, at
which the Council, CTAB, community and staff were to discuss and resolve the
identified issues. After discussing the plan and the issues associated with it, the
City Council decided that it wanted to restart the process from the beginning,
utilizing the discipline of landscape architecture. To that end, the staff has
prepared a Request for Proposal for the preparation of a Citywide Street Tree
Master Plan, which invites landscape architects to submit proposals.
The schedule for the Request for Proposal is as follows:
Proposal Release: February 11, 2010
Pre - Proposal Meeting: February 24, 2010
Proposal Submittal March 25, 2010
Interviews of Architects April 8, 2010
Award of Contract April 26, 2010
The proposal process will include the participation of the City Tree Advisory
Board at the Pre - Proposal meeting and at the architect interviews. Members of
CTAB will also assist the staff in the screening and evaluation of the tendered
proposals, prior to the architect interviews.
There are many factors involved with the determination of a street tree palette
and the specific street tree planting. This issue focuses on the concept of the
"right tree for the right space." Many involved with street tree programs believe
that the tree palette and the specific tree planting plan should give consideration
to the space available for tree growth. It is believed that if appropriate trees are
selected initially, damage to hardscape can be reduced in the future. Also, trees
sized and selected for the space available will have the best chance of reaching
full maturity.
At the behest of the City Tree Advisory Board, the City retained RMA
International to develop the tree palette and the specific tree planting plan. Staff
directed RMA to develop a plan giving consideration to the goals of the City Tree
Advisory Board for large trees while at the same time giving consideration to
hardscape damage as well as the other important factors. The trees
recommended in the City Selection column meet the recommendations, for the
most part, of the Street Tree Seminar organization in terms of planting area
needed. Staff did allow some trees which require a larger space to be used but
only if the difference between the recommended space and the space provided
was one foot. This was a compromise on the part of staff in consideration of the
goals of the City Tree Advisory Board.
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FINANCIAL IMPACT:
•
There is no direct fiscal impact discernable with the recommendation. Based on
City Council direction, there will be fiscal impacts that will be identified at the time
the contract for Street Tree Master Plan services is awarded.
RECOMMENDATION:
It is respectfully recommended that the City Council review and approve the
Request for Proposal for the preparation of a Citywide Street Tree Master Plan
and direct staff to release the RFP for the solicitation 6f proposals.
SUBMITTED BY: NOTED AND APPROVED:
• I SA 44
Terrence L. Belanger Interim r David Carmany, City Manager
Director of Public Works
Attachment
A. Request for Proposal
•
City of Seal Beach
Request for Proposals
SEAL BEACH CITY WIDE STREET TREE MASTER PLAN
CIP NO. ST0913
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Proposals are due
Thursday, March 25
10:00 a.m.
-„„ Public Works
SECTION I - INTRODUCTION
The City of Seal Beach is requesting proposals from qualified professional firms
to prepare a city wide street tree master plan. Proposals must conform to the
requirements of this Request for Proposal (RFP), and must be submitted in a
sealed envelope, to the Department of Public Works no later than 10:00 a.m., on
Thursday, March 25, 2010. The City reserves the right to waive any irregularity in
any proposal, or reject any proposal that does not comply with this RFP. The
City will select a qualified firm which best meets the needs of the City. The
successful firm will be required to enter into an agreement with the City. By
submitting a proposal, the contractor agrees to all of the terms of this RFP:
SECTION II - PROJECT DESCRIPTION
This project will develop a comprehensive master plan for the City's forestry.
SECTION III - SCOPE OF SERVICES
The City seeks a professional landscape architect firm to conduct a city wide
street tree master plan. Upon selection of the firm, the resulting contract will
authorize the firm to provide the services outlined below. The City will pay the
firm a negotiated fee for services. Services shall include but are not limited to:
SET GOALS & ESTABLISH GUIDELINES
• Increase tree canopy
• Fill vacant sites
• Minimize maintenance
• Added tree benefits
• Foster community pride
• • Reduce hazards
CREATE A SPECIE PALETTE
• Based on City goals, grow space requirement, specie
characteristics, etc.
• Make a specie palette draft with City representatives
• Create and print the Specie Palette chosen by the City
COLLECT DATA
• Record existing tree site inventory
• Create:a block by block listing; identity primary specie by clock
• Breakdown streets into units based on similar site conditions
• Determine planting conditions
• Identify existing vacant sites and recommend removals
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SPECIE RECOMMENDATION & SELECTION
• Recommend 1 -3 species for each unit based on similar site
conditions
• Select a primary specie for each unit based on ' species
recommendations
COMPILE MASTER PLAN DRAFT
• Introduction to the Master Street Tree Plan process
• Species palette and full color photo of each species chosen
• Planting plan spreadsheet
•
•
Community outreach letter
• District maps
• Presentations may be given to the community
COMPUTER SOFTWARE PROGRAM •
• Deliver a. database, either Microsoft or equal, that the City could
customize and manage to create various queries based on area,
species, etc. •
CITY COUNCIL APPROVAL
• Compile final document based on community /City revisions
• Present to City Council for approval
SECTION IV - ANTICIPATED SCHEDULE
Request for Proposals released February 11, 2010
Pre- Proposal Meeting February 24, 2010
Proposal Submittal Deadline March 25, 2010
Proposal Interviews April 8, 2010
Award of Contract April 25, 2010
SECTION V - PROPOSAL SUBMISSION REQUIREMENTS
The Department has established requirements for proposal format. Proposals
shall be printed on 81 "x 11" paper and submitted in a reusable three ring binder.
Four copies of the proposal must be submitted containing the following elements:
• Cover Letter:
• Qualifications of the firm
• Detailed narrative proposal on specific services to be provided and
overview of the services, project approach, and methodology the firm
will employ to complete the project.
• Identification of services which may be needed or desirable for the
project but which are not included in the proposal
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• Any individual or firm proposing to provide services for this project shall
provide evidence that the individual or firm and its personnel carrying
out responsibilities have expertise and experience in landscape
architecture or preparing a citywide master plan for. trees.
® Copies of the three most recent similar projects performed by the firm. ,
® A schedule for the performance of the project
® Fee Proposal shall be submitted in a separate, sealed envelope and
included with the package. Also, included with the fee shall be hourly
rates for personnel to be used in the event that additional work outside
the contract is required.
SECTION VI - MINIMUM REQUIREMENTS
The City seeks to retain professional landscape architect services from a firm
with demonstrated expertise performing the work, described in this RFP. The
successful firm will have a proven and successful track record in providing similar
services said in Section III above. Proven and successful experience is defined
as providing evidence of:
1. Services on a minimum of three (3) public sector projects,
• 2. References from three (3) recent public sector clients with similar
projects. 'Please provide the names and telephone numbers of the
persons to be contacted for verification. '
SECTION VII - SELECTION PROCESS
Each RFP will be reviewed by staff to determine if it meets the submittal
requirements contained within this RFP. Failure to meet the requirements of the
RFP ,,may be cause for rejection of the proposal. The City may reject any
proposal if it is conditional, incomplete or contains irregularities. The City may
waive an immaterial deviation in a proposal, but this shall in no way modify the
proposal document or excuse the consultant from compliance with the contract
requirements if the consultant is awarded a contract.
The Public Works Department will evaluate those proposals that meet the RFP
requirements. The Department may conduct oral interviews. The selected firms
will be notified, in advance, of the time and place for the oral interviews. Firms
will be advised of additional information, if any, to be submitted at the oral
interviews.. Failure to appear at the interview will be considered non - responsive
and the firm will be eliminated from any further consideration. Upon completion
of the oral interviews, the Public Works Department will select the consultant
deemed to best meet the needs of the City. The City may choose to add
additional services to the scope of work prior to the award of the professional
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services agreement. The successful consultant to whom work is awarded shall,
within ten (10) days after being notified, enter into a contract with the City for the
work in accordance with the specifications, and shall furnish all required
documents necessary to enter into said contract. Failure of the successful bidder
to execute the contract within said ten (10) days shall be just cause for the City to
contract with the next responsible consultant.
SECTION VIII - SELECTION CRITERIA
In order to be considered, the Consultant must submit an original and two' copies
of the response to the RFP to the following: Attention: Director of Public Works,
City of Seal Beach Department of Public Works, 211 Eighth Street, Seal Beach,
CA 90740. The proposal must be received at the above office no later than the
date and time listed on the cover. There is no expressed or implied obligation for
the City to reimburse firms for any expenses incurred in preparing proposals in
response to this request. Materials submitted by respondents are subject to
public inspection under the California Public Records Act (Government Code
Sec. 6250 et seq.). Any language purporting to render the entire proposal
confidential or propriety will be ineffective and will be disregarded. The City
reserves the right to retain all proposals submitted and to use any, idea in a
proposal regardless of whether or not the proposal was selected. Submission of
a proposal indicates acceptance by the firm of the conditions . contained in the (
RFP, unless clearly' and specifically noted in the proposal submitted and
confirmed in the contract between the City and the selected firm. All property
rights, including publication rights of all reports produced by the selected firm in
connection with services performed under this agreement shall be vested in the
City.
SECTION IX - REQUEST FOR ADDITIONAL INFORMATION
Please direct all questions regarding this Request for Proposal to: SEAL BEACH
CITY, WIDE STREET TREE MASTER PLAN, CIP No. ST0913, City of Seal.
Beach, 211 Eighth Street, Seal Beach, CA 90740, Michael Ho, City. Engineer,
(562) 431 -2527 ext. 1322.
SECTION X - INSURANCE
The selected must provide the City with insurance as outlined in the sample
agreement.
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PROFESSIONAL SE VICES AGREEMENT
FOR SEAL BEACH CITY WIDE STREET TREE
• ASTER PLAN •
CIP NO. ST0913
•
between
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City of Seat Beach
211 8th Street
Seal F Beaca, CA 90740
q . & •
[Consu Name]
[Consultant's Address]
[Con
•
sultant's Phone Num ber] • •
This Professional Service Agreement ( "the Agreement ") is made as of
2010 (the "Effective Date "), by and between
( "Consultant "), a
and the City of. Seal Beach ( "City "), a California charter city, (collectively, the
Parties"
RECITALS
A. City desires certain professional services.
B. Consultant represents that it is qualified and able to provide City with such
services.
NOW THEREFORE, in consideration of the Parties' - performance of the
promises, covenants, and `conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
9.0 Scope of Services
1.1. Consultant must provide those services ( "Services ") set forth in the
attached Exhibit A, which is hereby incorporated . by this reference. To the extent that
there is any conflict between Exhibit A and this :Agreement, this Agreement must
control.
1.2. Consultant must perform all Services under thsAgreement in accordance
with the standard of care generally exerciseai by like- professionals under similar
circumstances and in a manner reasonably satisfactory to!Authority.
1:3. In performing this Agreement, Consultant -- must comply, with all applicable
provisions of federal, state, and.local
1.4. Consultant will not be compensated for any work performed not specified
in the Scope of Services unless the,City authorizes such work in advance and in writing.
The City Manager may authorize payment for such work up to a cumulative maximum of
$10,000. Payment for additional work in excess of $10,000 requires prior City Council
authorization.
Term
This term of this Agreement shall commence as of the Effective Date and shall
continue for a term of .' years unless previously terminated as provided by this
Agreement.
3.0 Consultant's Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit
for Services but in no event will the City pay more than $. Any additional
work authorized by the City pursuant to Section 1.4 will be compensated in accordance
with the rate schedule set forth in Exhibit
•
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4.0 Method of Payment
4.1. Consultant must submit to City monthly invoices for all services rendered
pursuant to his Agreement. Such invoices must be submitted within 15 days of the end
of the month during which the services were rendered and must describe in detail the
services rendered during the period, the days worked, number of hours worked, the
hourly rates charged, and the services performed for each day in the period. City; will
pay Consultant within 30 days of receiving. Consultant's invoice. City will not withhold
any applicable federal or state payroll and other required taxes, or other authorized
deductions from payments made to Consultant.
4.2. Upon 24 hours notice from City, Consultant must allow City or City's
agents or representatives to inspect at Consultant's offices during reasonable business
hours all records, invoices, time cards, cost control sheets and other records maintained
by Consultant in connection with this Agreement. City's rights under this Section 4.2
shall survive for two years following the termination of this Agreement.
A �
5:0 Termination
5.1. This Agreement may be terminated4byCity, without cause, or by
Consultant based on reasonable cause, upongiving the other party written notice
thereof not less than thirty 30 days prior to the date of termination.
5.2. This Agreement may be terminated bye City upon 10 days' notice to
Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement
of comprehensive general liability insurance as required by this Agreement at least 20
days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City ? Manager , is ,the C representative for purposes of this
Agreement.
6.2. the Consultant's primary representative for
purposes of this Agreement .
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be deemed
made when personally delivered or when mailed 48 hours after deposit in the U.S. Mail,
first class postage prepaid and addressed to the party at the following addresses:
To City: City of Seal Beach
211 8th Street
Seal Beach, California 90740
Attn: City Manager
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To Consultant: [Consultant's.Address]
Attn:
7.2. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
8.0 Independent contractor
8.1. Consultant is an independent contractor and not an employee of the City.
All services provided pursuant to this Agreement shall be performed by Consultant or
under its supervision. Consultant will determine the mean, . and details of
performing the services. Any additional ,personnel performing ,services under this
Agreement on behalf of Consultant - shall also not be employees ofyCity and shall at all
times be under Consultant's exclusive direction and control Consultant shall pay all
wages, salaries, and other amounts due such personnel" ih connection with their
performance of services under this Agreement and as required by law. Consultant shall
be responsible for all reports and obligations respecting such additional personnel,
including, , but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insuran - , and workers' compensation insurance.
8.2. Consultant shall indemnifyanq hold harmless City. and its elected officials,
officers and employees, servants, , .,desig na ted volunteers, and agents serving as
independent contractors in the role of city.officials, from any and all liability, damages,
claims, costs, and expenses, of any nature to the extent arising from Consultant's
personnel practices. City shall have the r.ght to offset against the amount of any fees
due to Consultant under this Agreement any amount due to City from Consultant. as a
result of ` Consultant's failure, to ,promptly pay to City any reimbursement or
indemnification arising underuthis Section.
9.0 - Subcontractors f
No portion of this Agreement shall be "subcontracted without the prior written
approval of the City. Consultant is fully responsible to City for the performance of any
and all subcontractors.
10.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by
assignment, or novation, without the prior written consent of City. Any purported
assignment without such consent shall be void and without effect.
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11.0 Insurance
11.1. Consultant must not commence work under this Agreement until it has
provided evidence satisfactory to the City that Consultant has secured all insurance
required under this Section. Consultant shall furnish City with original . certificates of
insurance and endorsements effecting coverage required by this Agreement on forms
satisfactory to the City. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf,
and shall be on forms provided by the City if requested. All certificates and
endorsements shall be received and approved by the City before work commences.
The City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
11.2. Consultant shall, at its expense, procure and maintain for the duration of
the Agreement, insurance against claims for injuries to persons or damages to property
that may arise from or in connection with the performance f than Agreement_ Insurance
is to be placed with insurers with a current A.M°OBest`s rating Rio less than A:VIII,
licensed to do business in California, and satisfactory to the ity *Coverage shall be at
least as broad as the latest version of the following (i\)
General Liability: Insurance
Services Office Commercial General Liability coverage (occurrence form CG 0001); (2)
Automobile Liability: Insurance Services Office Busine, Auto Coverage form number
CA 0001, code 1 (any auto); and (3) Professional Liability. Consultant shall maintain
limits no less than: (1) General Liability $2;04D,000 :per occurrence for bodily injury,
personal injury and property damage andComrnercia1General Liability Insurance or
other form with a general aggregate limit is�used, either the general aggregate limit shall
apply separately to this Agreement/location or the general aggregate limit shall be twice
the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily
injury and property damage (3)' Professional Liability:. $1,000,000 per
.
uR
claim/aggregate.
; ° andF
11.3. The insurance poltcies`shall contain the following provisions, or Consultant
shall provide endorsements onforms supplied or approved by the City to state: (1)
coverage shall not be'suspend voided, reduced or canceled except after 30 days
prior written notice by certified n ail, return receipt requested, has been given to the City;
(2) any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to the City, its directors,
officials,E officers, (3) coverage shall be primary insurance as ,respects the City, its
directors, officials, officers, employees, agents and volunteers, or if excess, shall stand
in an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage and that any insurance or self- insurance maintained by the City, its directors,
officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it; (4) for general liability
insurance, that the City, its directors, officials,. officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the services or
operations performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work; and (5) for automobile liability, that
the City, its directors, officials, officers, employees, agents and volunteers shall be
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covered as additional insureds with respect to the ownership, operation, maintenance,
use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible. .
7 11.4. All insurance required by this Section shall contain standard separation of
insureds provisions and shall not contain any special 'limitations on the scope of
protection afforded to the City, its directors, officials, officers, employees, agents, and
volunteers.
11.5. Any deductibles or self- insured retentions shall be declared to and
approved by the City. Consultant guarantees that, at the option of the City, either: (1)
the insurer shall reduce or eliminate such deductibles - or self- insured retentions as
respects the City, its directors, officials, officers, employees, agents, and volunteers; or
(2) the Consultant shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
12.0 Indemnification, Hold Harmless, and - Duty to Defend
Consultant shall indemnify, and hold the City, is officials, officers, employees,
volunteers and agents serving as independent ontractorsin the role of city officials
(collectively "Indemnities ") free and harmless from any and all claims, demands, causes
m
of action, costs, expenses, liability, loss, daag or injury, in law or equity, to property
or persons, including wrongful death, in any manner‘s ng out of or incident to any acts
or omissions of Consultant, its employees, `or its' gents in connection with the
performance of this Agreement, including without Imitation the payment of all
consequential damages and attorneys, fees and other related costs and expenses,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. With respect to any4and `all such aforesaid suits, actions, or other legal
proceedings of every kind that may��e,,, brought or instituted against Indemnitees,
Consultant shall defend flndemnite�, at Consultant's own cost, expense, and risk, and
men
shall pay and satisfy any judrt`aw
ard, or decree that may be rendered against
Indemnitees. Consultant shal1 City and its directors, officials, officers,
employees, agents and /or'volunteers, for any and all legal expenses and costs incurred
by each of them in connection fierewith or in enforcing the indemnity herein provided.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by Consultant, the City, its directors, officials, officers, employees, agents or
volunteers. All duties of Consultant under this Section shall survive termination of this
Agreement.
13.0 Equal Opportunity
Consultant affirmatively represents that it .is an equal opportunity employer.
Consultant must not discriminate against any subcontractor, employee, or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex,
sexual orientation, or age. Such non - discrimination includes, but is not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, or termination.
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14.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions
of Section 3700 of the California Labor Code that require every employer to be insured
against liability for Worker's Compensation or to undertake self- insurance in accordance
with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
15.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings, or
agreements. This Agreement may only be modified by a writing signed by both parties.
16.0 Severability
The invalidity 'in whole or in part of any proyisions;,,of greement shall not
void or affect the validity of the other provisions of this,Agreement
17.0 Governing Law
This Agreement shall be governed by andconstrued in accordance with the laws
of the State of California..
18.0 No. Third Party Rights
ft
No third party shall be deemed to_have any rights hereunder against either party
as a result of this Agreement.
19.0 Waiver
No waiver of any default shallL:constitute a waiver of any other default or breach,
whether of the same or ..o er covenant or condition. No waiver, benefit, privilege, or
service voluntarily i ven' th
y g or *formed by a party shall give the other party any
contractual rights by custom estoppel, or otherwise.
20.0 Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any
company or person, other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, City has the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer or employee of City,
during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
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21.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement, the
prevailing party in such litigation shall be entitled to have and recover from the losing
party all of its attorney's fees and other costs incurred in connection with such action.
22.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the "event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this Agreement, the
terms of this Agreement shall control.
23.0 Corporate Authority
The persons executing this Agreement on behalf oithe warrant that they
are duly authorized to execute this Agreement on behalf of said Parties and that by their .
execution, the Parties are formally bound to the provision of this Agreement.
z..
- (Intentionally Left Blank)
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first above
written:
CITY OF SEAL BEACH CONSULTANT
By: By
David Carmany, City Manager
Name.
Attest: • Its:
By:
ltA
Linda Devine, City Clerk By
Approved as to Form: Name
Its:
By:
Quinn Barrow, City Attorney A
y
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