Loading...
HomeMy WebLinkAboutR-95-0383! J-95-390 i 5/4/95 RESOLUTION NO. 9 5 383 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FOREST RESOURCES MANAGEMENT, INC., A FLORIDA CORPORATION, IN THE AMOUNT OF $21,500, FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE PREPARATION OF A STREET TREE INVENTORY PROGRAM, FOR THE PERIOD OF MAY 11, 1995 TO SEPTEMBER 30, 1995; ALLOCATING FUNDS THEREFOR FROM THE SPECIAL REVENUE FUND ENTITLED i "STREET TREE INVENTORY". WHEREAS, the City Commission., pursuant to Resolution No. 94-15, adopted March 24, 1994, authorized the City Manager to submit a grant application in the amount of $25,000, for the preparation of a street tree inventory under the "Hurricane Andrew Urban Reforestation Grant Program" from the Florida Department of Agriculture and Consumer Services, Forestry Division, and to execute the necessary documents to accept and implement said grant, should said grant be awarded; and WHEREAS, said grant was awarded to the City of Miami and a Hurricane Andrew Urban Reforestation Grant Memorandum of Agreement between the Florida Department of Agriculture and Consumer Services, Forestry Division, and the City of Miami for a "City of Miami Street Tree Inventory" was signed on September 28, 1994; and :CITY CONiNd SSION MEETING OF MAY 1 1 1595 Resolution No. 95-- 383 WHEREAS, activities to be accomplished under this grant program include the design and implementation of an urban tree inventory system within the City of Miami's Geographic Information System; and WHEREAS, the City desires to engage in services of a consultant qualified by means of education and experience in urban forestry to successfully complete the street tree inventory; and WHEREAS, Requests for Proposals were mailed to thirty (30) firms experienced in urban forestry and street tree inventories and Forest Resources Management, Inc. was found to be the most qualified and responsive firm to perform these services; and WHEREAS, a Special Revenue Fund entitled: "Street Tree Inventory" is being established, with the resources to be appropriated consisting entirely of the $25,000 grant funds awarded to the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to execute an agreement, in substantially in the attached form, with Forest Resources Management, Inc., a Florida Corporation, in the amount of $21,500, for professional services in connection with the preparation of a street tree inventory program, for the 2- 35- 383 period of May 11, 1995 to September 30, 1995, with funds therefor hereby allocated from the Special Revenue Fund entitled "Street Tree Inventory". Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this llth ATTEST: MATTY HIRAI CITY CLERK BUDGETARY REVIEW: MANOHAR S DIRECTOR ASSISTANT AGER i PREPARED AND APPROVED BY: � i GA IREZ-SEIJ S ' ASSI ANT CITY A' ORN APPROVED AS TO FORM AND CORRECTNESS: A'. INNFEY ES , III CIT ATT W062:ORS:kd:BSS day of May 1995. STEP EN P. CLAJtK, MAYOR 95- 383 ka-. PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of , 1995, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY," and Forest Resources Management, Inc., a Florida Corporation, hereinafter referred to as "CONSULTANT." RECITAL: WHEREAS, the City Commission of the City of Miami by Resolution No: 94- 156, adopted March 24, 1994, authorized the City Manager to submit a grant application in the amount of $25,000, for the preparation of a street tree inventory under the "Hurricane Andrew Urban Reforestation Grant Program" from the Florida Department of Agriculture and Consumer Services, Forestry Division, and to execute the necessary documents to accept and implement said grant, should said grant be awarded; and WHEREAS, said grant was awarded to the CITY and a Hurricane Andrew Urban Reforestation Grant Memorandum of Agreement between the Florida Department of Agriculture and Consumer Services and the CITY for a "City of Miami Street Tree Inventory" was signed on September 28, 1994; and WHEREAS, the CITY desires to engage the services of an outside firm to conduct the street tree inventory; and WHEREAS, the CONSULTANT is qualified by means of education and experience in urban forestry to successfully complete the street tree inventory; 35- 383 k. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: TERM: The term of this Agreement shall be from May 11, 1995 through September 30, 1995. SCOPE OF SERVICES: CONSULTANT shall perform the services contained in Exhibit A, attached hereto and incorporatead herein by reference. III. COMPENSATION: CITY shall pay CONSULTANT a fee of $21,500 for the services required to be performed by the CONSULTANT under Section II hereof, payable in a lump sum upon completion of all services. CONSULTANT shall be responsible for payment of all taxes and expenses such as income tax, Social Security, health and major medical insurance, personal insurance and general expenses in connection with this Agreement. All payments required hereunder shall be made only upon presentation of an invoice from the CONSULTANT together with a certification by the Deputy Director for Planning, Building and Zoning that the work has been performed to the satisfaction of the CITY. s �- IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. V. GENERAL CONDITIONS: A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal services, or by registered mail addressed to the other party at' the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI CONSULTANT Planning, Building and Zoning Dept. Forest Resources Management, Inc. P.O. Box 330708 P.O. Box 9272 Miami, Florida 33233-0708 Fort Myers, Florida 33902 (305) 579-6086 (904) 365-6005 B. Title and section headings are for convenient reference and are not a part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same of any other, provision hereof, and no waiver shall be effective unless made in writing. 95- 383 -3- k , E. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. VI. OWNERSHIP OF DOCUMENTS: CONSULTANT agrees that all documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion of the services required pursuant to Section II hereof and shall become the property of CITY, without restriction or limitation on their use. Documents maintained and generated pursuant to Section II hereof shall become the property of the CITY, without restrictions or limitations on their use. CONSULTANT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and CONSULTANT shall be subject to all provisions of Public Records Law, Chapter 119, Florida Statues. It is further understood by and between the parties that any information, writings, maps, contract documents, reports, or any other matter whatsoever which is given by CITY to CONSULTANT pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by CONSULTANT for any other purpose whatever without the written consent of CITY. 95- 383 -4- NONDELEGABILITY: The obligations undertaken by CONSULTANT pursuant to this Agreement may not be delegated or assigned to any other person or firm without the CITY's prior written consent. AUDIT RIGHTS: The CITY reserves the right to audit the records of CONSULTANT pertaining to this the Agreement at any time during the term hereof and for a period of three (3) years after final payment is made hereunder. IX. AWARD OF AGREEMENT: CONSULTANT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay persons employed by the City any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. X. CONSTRUCTION OF AGREEMENT: This Agreement shall be constructed and enforced according to the laws of the State of Florida and venue shall lie in Dade County, Florida. 95-- 383 9� XI. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigns. XII. INDEMNIFICATION: CONSULTANT shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of performance of this Agreement as a result of any error, omissioh or negligent act of the CONSULTANT, including any person acting for or on its behalf, as determined pursuant to a final judgement from a court of competent jurisdiction, and from and against any orders, judgments, or decrees which may be entered and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. The CITY shall notify the CONSULTANT in writing immediately upon receiving notice of any matters for which this indemnity provision shall become applicable. XIII. CONFLICT OF INTEREST: A. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this 1 Agreement has any personal financial interests, direct or indirect, with ti CITY. CONSULTANT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. 95- 383 -6- Any such interests on the part of CONSULTANT or its employees, must be disclosed in writing to CITY. B. CONSULTANT is aware of the conflict of interest laws of the CITY of Miami (City of Miami Code Chapter 2, Article V, Dade County Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. XIV, INDEPENDENT CONTRACTOR: CONSULTANT and its employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; further CONSULTANT shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. XV. TERMINATION OF CONTRACT: CITY retains the right to terminate this Agreement at any time prior to the completion of the services required under this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing by the CITY to the CONSULTANT; and the CONSULTANT shall be paid for those services performed prior to the date of its receipt of the notice of i termination. In no case, however, will CITY pay CONSULTANT an amount in excess of the total sum provided by this Agreement. -7- 95-- 383 It is hereby understood by and between CITY and CONSULTANT that any payment made in accordance with this Section to CONSULTANT shall be made only if Consultant is not in default under the terms of this Agreement. If CONSULTANT is in default, then CITY shall be obligated to pay for those services provided and non cancelable obligations incurred prior to the date of default. Payment shall occur within 45 days of termination notice. XVI. NONDISCRIMINATION: CONSULTANT agrees not to discriminate as to race, sex, color, religion, national origin, age, handicap, or marital status in connection with its performance under this Agreement. Furthermore that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, religion, age, national origin, marital status, or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. XVII. MINORITY PROCUREMENT COMPLIANCE: CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10538, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. 95- 383 XVIII. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. XIX. DEFAULT PROVISION: i In the event that CONSULTANT shall fail to comply with each and every i term and condition of this Agreement then the CITY, at its sole option, upon i written notice to CONSULTANT may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by CITY for the period during which CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to CITY provided that the CONSULTANT was given the opportunity to cure such default and failed to do so within fifteen (15) days of receipt of notice. XX. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said contract and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. M 95- 383 k, XXI. AMENDMENTS: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunder duly authorized, as of the day and year first above written. ATTEST: MATTY HIRAI City Clerk ATTEST: Corporation Secretary (NOTE: If CONSULTANT is not a Corporation, two witnesses must sign.) -10- CITY OF MIAMI, a municipal Corporation of the State of Florida By CESAR H. ODIO City Manager CONSULTANT: By Title (Seal) 95- 383 APPROVED AS TO INSURANCE REQUIREMENTS: Frank K. Rollason Deputy Fire Chief Risk Management Division -11- APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, III City Attorney 95- 383 EXHIBIT A - SCOPE OF SERVICES -12- 95- 383 k-- FOREST RESOURCES MANAGEMENT, INC. FRM is a Florida -based forestry and environmental consulting firm which offers landowners, homeowners, municipalities, forest industries, and the construction industry a variety of professional consultation services. Our degree foresters offer over j 40 years experience stemming from diverse educational and technical backgrounds. FORT MYERS P.O. Box 9272 Fort Myers, FL 33902 813/332-7121 Eric H. Hoyer, President David A. Fox, Vice President LEESBURG 4340 Lake Street Leesburg, FL 34748 904/365-6005 Brett States, Forester Established 1984 95- 383 B. Statement of Work 1. Project Scope and Rationale of Approach An urban forest inventory, like any planning tool, should be designed with specific goals and objectives in mind. Our past experiences with municipali- ties desiring inventory services have begun as discussions of wants, needs, dreams, and finally, specific goals. In all of these cases, FRM helped the client to arrive at the specific features of the inventory database. Where a client has a set scope of services desired, as in this case, we can tailor our system to meet the requirements. A street tree inventory provides a "snapshot" of the composition and health of your urban forest. The information gathered during our recent interview and site inspection identifies the following functions, at minimum, that you wish this inventory to accomplish: - A current record of trees to be managed; - The ability to plan, schedule, and monitor tree maintenance work; - To help make budget and management decisions; - To identify liabilities and assets of the urban forest; - To identify the location of certain species and size classes of trees which may have historical or cultural significance in the community. More specific tree management goals that are derived from the inventory include: - To identify and prioritize your tree maintenance needs; - To locate hazardous trees in need of repair or removal; - To maintain a record of large canopy trees and/or trees of histori- cal/cultural significance for future private and public development permit evaluation; - To locate suitable street tree planting locations; and - To estimate the dollar value your urban forest for budget defense (the so-called "green infrastructure"). 2. Inventory Methods FRM foresters will complete a pedestrian survey of all City -owned street trees and planting spaces in the Coconut Grove planning area and selected scenic corridors (approximately 85.57 street miles). URBAN FORESTRY PROPOSAL........................................................... Page 3 - FRM 95- 383 ■ Individual tree data collected will include: an assigned control num- ber, location or address, genus, species, diameter class, canopy radius class, condition class using ISA standards, tree maintenance recom- mendations if hazardous conditions are likely present, the width of the tree space and the presence of overhead wires, and a work priori- ty rating. Tree locations and control numbers will be noted on paper maps (preferred scale 1"=100') provided by the City. ■ FRM will collect tree information using hand-held data recorders. The records can be electronically transferred directly into your computer GIS without manual re-entry. Errors are minimized and corrections can be made quickly. The tree data collected will be in dBASE (.dbf) database format. Other details to be decided will include data coor- dination with your GIS. Tree data collected will be checked for accuracy, typographic errors, and any missing data prior to installation on the City GIS. ® A visual assessment of each tree on City property. within the project scope will be made as to the presence of major structural defects (obvious dead wood, trunk -and branch defects, or disease organisms). Trees which require immediate maintenance to remove or reduce liability to citizens will be marked with paint (an orange dot code at the tree base) for quick identification by City personnel. No other trees will be marked. Marking trees which have immediate needs with a code would allow tree care workers to quickly find the tree while not raising undue public alarm. Code paint can then be covered by grey or brown paint after the work is complete. 3. Data Analysis ■ FRM will analyze the collected tree data and develop a brief statis- tical summary of your urban forest. This short report may contain tables showing species distribution, condition classes, diameter distribution, prioritized maintenance needs, etc. URBAN FORESTRY PROPOSAL........................................................... Page 4 - FRM 95- 383 4. Employee Training ■ FRM will train the Preservation Officer or her designee in the struc- ture of the database and data search strategies so that useful infor- mation can be retrieved from the tree database. ■ FRM will develop an appropriate syllabus for City employee training based on our observations of typical tree care problems. We will provide one day of training that will help a reasonable number of City workers to identify hazard trees and to plan appropriate action to remedy problems. Basic tree physiology will be presented to help workers understand tree care basics. Proper planting and young tree care techniques will also be included so that future tree hazards are not created by poor maintenance practice. 5. City Assistance Provide FRM lawful right of entry to City property for a mutually agreeable time period. Also, your notification of the public, concerned City employees, and public safety officials will reduce misunderstand- ings and work delays. ■ Provide paper plat maps (1"=100' scale or larger) with project scope boundary lines and right-of-way limits to FRM for identification of tree sites. 6. Deliverables ■ One summary report will be submitted quantifying pertinent data. This report will consist of basic statistics of the surveyed tree popula- tion and a list of immediate hazardous trees to be corrected or re- moved. ■ Tree data files will be provided on 31/z" or 51/a" high density disks, IBM/PC format. ■ One set of paper plat maps (furnished by the City) with tree locations and serial numbers hand -plotted for use by your GIS department. City employees will digitize tree locations into your GIS. ■ One day of City employee training, including training materials, will be conducted following database installation. URBAN FORESTRY PROPOSAL........................................................... Page 5 - FRM 95- 383 k_1 7. Time Frame ■ FRM can begin database design and GIS testing immediately upon your notice to proceed. ■ We estimate data collection time to be less than six weeks. ■ FRM can complete the project as proposed to your satisfaction well within the stated time limits. URBAN FORESTRY PROPOSAL........................................................... Page 6 - FRM 95- 383 V. CITY OF MIAMI, FLORIDA �� ' INTER -OFFICE MEMORANDUM TO ; Honorable Mayor and biAl` - 3 DATE 1995 FILE Members of the City Commission Professional Services Agreement suEuecT : with Forest Resources Management for City of Miami Street Tree Inventory FROM : Ces 0 REFERENCES: Cit er Agenda lLem, City Commission ENCLOSUREMeeting, May 12, 1995 RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution authorizing the execution of an agreement, in substantially the attached form subject to the approval of the Law Depar ,iant, with Forest Resources Management, Inc. in connection with the preparation of a street tree inventory in the amount of $21,500 for the period May 11, 1995 through September 30, 1995. BACKGROUND On March 24, 1994, the City Commission adopted Resolution No. 94-156 authorizing the City Manager to submit a grant application for a street tree inventory to the Florida Department of Agriculture and Consumer Services, Forestry Division, under the Hurricane Andrew Urban Reforestation Grant Program. The City requested $25,000 for the purpose of an inventory of trees within the public rights -of -way. The resolution also authorized the City Manager to execute the necessary documents to accept and implement the grant, if it should be awarded. The City was awarded the grant for the mire requ, ::.ed amount, and a Hurricane Andrew Urban Reforestation Grant Memorandum of Agreement was signed on September 28, 1994. V The City mailed requests for proposals to 30 firms with experience in urban forestry and street tree inventories, based upon a list provided by the Division of Forestry. Three firms responded and submitted proposals. After evaluating the proposals, the most qualified and responsive firm was determined to be Forest Resources Management, Inc., a non --minority, non -local vendor located in Fort Myers, Florida. This determination was based on the firm's experience with similar projects and the number of street miles to be inventoried for the amount of grant funds available. No minority firms 1'2 available to perform these services. 9 5 i 3 S 3 � ; J DID ITEM: STREET TREE INVENTORY _----------------------------------------------------- DIDMe RFP ------------------------------------------------ ELATE BID(S) OPENED: _ MARCH 6_ 1995 3:00 p.m. TOTAL BID_DOND_Sorj BIDDER DID -AHOUNT CASHIER'S CHECK THE DAVEY TREE EXPERT CO. -------------- ACRT, INC. .FOREST RESOURCES MANAGEMENT INC e ven'"'Ic ors "liW received tini.el as cif t ►g_��jQy -Tierein are the _���a;n�.littte�a only offers 3_tzn�._,S'_'----------- other offers submitted in responm �fr--Etter=-- _ to this soIic°tr:t --_------------ ------- --r- — - on, if ar.y, -------- -- -------------------- —__�_.�M -------------•-------- ------------------------------- I ----------------- i L---------------------- ------------------- ---- 7----------- -------------- ------------------------- —�---------------- ---------------- -------------- -------------- ----------------------- �j' S _� --------- ------------------------------ ------------------------- - -l - Z1------------- — ------- ----- — ----- — --- t -- — ---------- — ----- �f CCd SIGNED: -------------------------- (D�puty City Clerk) CITY Of.' MIAMI, FLORIDA INTER -OFFICE MEIN'dtllRANDlJM Matty Hirai February 15, 1995 TO City Clerk DATE : FILE Street Tree Inventory RFP SUBJECT C /r FROM 4: gl Rodriguez, Director REFERENCES: lanning, Building and Zoning Department ENCLOSURES: Please be aware that on March 6, 1995, you will be receiving proposals for the Street Tree Inventory Request for Proposal (see attached advertisement). The deadline is 3:00 pm. Your cooperation would be most appreciated. If you have any questions, please call Sarah Eaton at 579-6086. Attachment a, CITY OF MIAMI, FLORIDA REQUEST FOR PROPOSALS STREET TREE INVENTORY The City of Miami is seeking the services of a qualified consultant with urban forestry or forest management experience for an inventory and assessment of trees within a portion of the City of Miami. Interested firms must contact the City of Miami Planning, Building, and Zoning Department, 275 N.W. 2nd Street, Third Floor, Miami, Florida, 33128, telephone (305)579-6086 for the Request for Proposals (RFP) Document which will be issued February 17, 1995. The RFP contains detailed and specific information about the scope of services, submission requirements, and selection procedures. Submission packages must be delivered to the City Clerk's Office, First Floor Counter, City Hall, City of Miami, 3500 Pan American Drive, Miami,. Florida, 33133, no later than 3:00 p.m., March 6, 1995. The City of Miami reserves the right to accept any proposal deemed to be in the best interest of the City, waive any irregularities in any proposal, reject any proposal, and to re -advertise for new proposals if necessary. I Cesar H. Odio City Manager Ik-rl 'rl rn k d.-