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HomeMy WebLinkAbout64-01 RESOLUTION• RESOLUTION NO. 64-01 A RESOLUTION AWARDING A CONTRACT TO BURDITT ASSOCIATES IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) TO CONDUCT A CITY-WIDE STREET TREE INVENTORY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby Awards a contract to Burditt Associates in an amount not to exceed Twenty -Five Thousand Dollars ($25,000.00) to conduct a city-wide street tree inventory. Section 2. That the City Council authorizes the Mayor to sign such a contract with Burditt Associates. PASSED AND APPROVED this 15th day of May, 2001. By: eather Woodruff, City Clerk APPROVED: ,a1%By: /O/' DAN COODY, Mayo • EXHIBIT A CONSULTANT AGREEMENT This Agreement is made and entered into the /7 day of 2001, by and between Burditt Associates of Montgomery County, Texas (hereinafter calledth `CONSULTANT"), and CITY OF FAYETTEVILLE (hereinafter called "CLIENT"). The initial addresses of the parties, which one party may change by giving written notice to the other party, are as follows: CONSULTANT CLIENT Burditt Associates P. O. Box 1424 Conroe, TX 77305 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 That whereas CLIENT has requested services of the CONSULTANT as an independent contractor and not as an employee in relation to: CITY OF FAYETTEVILLE STREET TREE INVENTORY (SEE ATTACHED EXHIBIT A - SCOPE OF WORK) (herein called the "Project") NOW. THEREFORE, CLIENT and the CONSULTANT, in consideration of the mutual covenants set forth, agree as follows: Upon receipt of the executed copy of this Agreement, the CONSULTANT will perform services to provide CLIENT with the data, information, services or opinion proposed by CONSULTANT in Proposal dated February 26, 2001, excepting issues relating to available planting spaces that shall be determined according to terms set forth in the attached Statement of Work CONSULTANT will proceed with the work as expeditiously as practical, and provide CLIENT with Urban Forestry Consulting Services CONSULTANT shall collaborate with CLIENT s agents or representatives in connection with Scope of Work and CONSULTANT shall be bound by the provisions set forth herein. CLIENT will place at CONSULTANT s disposal all available information generated by CLIENT, CLIENT's agents or representatives as may be pertinent to the Project including previous reports, documents, and any relevant data as will be necessary for CONSULTANT to provide the services covered by this Agreement. Component One: Urban Forest Inventory Street Tree Inventory - • Inventory of individual trees $ 1.95 per tree • Inventory of individual planting spaces $ 1.90 per space Park Tree Inventory - • Inventory of individual trees $ 1.95 per tree • Inventory of individual planting spaces $ 1.90 per space City of Fayetteville Street Tree Inventory Page 1 Professional Services Agreement Exh Cor mer • • These per unit fees are inclusive of labor described herein. Burditt Associates's unit price is guaranteed for the attached scope of services with a contract and scope of services providing for a minimum of 4,300 units (trees and/or planting spaces). The data collection area and units of data may; however, be increased in scope at the Client's discretion with no increase in per unit prices. The per unit price for the inventory contained herein is a fixed price and shall remain firm throughout the term of this Agreement. Component Two: CityTrce Inventory Software CityTree Software $ 3,000.00 Training (16 hours) $ 1,975.00 Microsoft Access 2000 $ .00 Total $ 4,975.00 Training costs include labor, materials, lodging, and travel expenses. Component Three: Comprehensive Urban Forest Management Plan Management Plan $ 7,900.00 Terms Defined: Planting Space(s) The definition of planting spaces will be determined in a meeting to be held within 15 business days of the execution of an agreement between CONSULTANT and CLIENT. An addendum will provide consultant with guidelines for determining what planting spaces, if any, to collect data from and be attached to this agreement as an addendum to the Statement of Work A "Tree" means any tree with the potential to reach a height of 20' or more. If a tree such as Photinia, Ligustrum, etc., is trimmed as a hedge, it will not be collected as a tree. If it is pruned into a tree form or seems to be allowed to grow unattended it will be collected as a tree Invoices will be submitted monthly and will reflect the actual number of data units collected during that period or the percentage of completion. Payment of CONSULTANT invoices by the CLIENT will be made within 30 days from date of invoice. CLIENT may review invoice expeditiously within 30 days, but may not withhold payment unreasonably. Fees will be due and payable in Conroe, Texas, upon receipt of invoice. Nonpayment to CLIENT by any funding entity or agency will not relieve CLIENT of its financial obligation to CONSULTANT under this Agreement. No additional services, other than those specified in Exhibit A - Scope of Work, have been requested by CLIENT and none shall be provided by CONSULTANT under this Agreement unless mutually agreed upon in writing by both parties. CONSULTANT will have, in full force and effect, the following insurance coverage during the entire project: Worker's Compensation General Liability Professional Errors and Omissions $1,000,000.00 per occurrence $1,000,000.00 per occurrence $ 100.000.00 per occurrence CONSULTANT will provide certificates of insurance coverage to CLIENT prior to commencement of project. City of Fayetteville Stnxi Tree Inventory Page 2 Professional Services Agreanan • • CLIENT and CONSULTANT agree that the date of this Agreement will also be the agreed upon Start Date for CONSULTANT to begin performance. CONSULTANT will collect data and deliver completed deliverables covered by this agreement on or before August 31, 2001. In the event that CLIENT does not provide CONSULTANT the information or materials necessary to initiate or complete the work by the stated deadline, CLIENT will be notified in writing, detailing all information or materials required. In the event that a delay in completion of services results, due to no fault of CONSULTANT, CLIENT agrees to provide additional time to complete the services, commensurate with the type of delay. If CONSULTANT is unable to complete the services by the completion date due to Acts of God, such as natural disaster, additional time commensurate with the extent of delay will be afforded CONSULTANT by CLIENT. If CONSULTANT requests an extension of time for any other reason to complete its performance, the CLIENT may, in its sole discretion, extend the time. Any extension must be in writing but does not require amendment of this Agreement. CONSULTANT is not entitled to damages for delay(s) regardless of the cause of the delay(s). CONSULTANT agrees to indemnify and shall defend and hold harmless CLIENT, Client's agents or representatives from and against any and all liability, claims, damages, losses and expenses, including but not limited to all expenses of litigation, court costs, and attorney's fees, for injury or death of any person, or for damage to any property, or violation of any law, regulation or ordinance, arising out of or in connection with the work done under this Agreement. In the event legal action is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to a reasonable sum for attorney's fees and court costs. CONSULTANT shall not assign this Agreement at law or otherwise without prior written consent of CLIENT. This Agreement represents the entire agreement between CONSULTANT and CLIENT and may be amended only by written instrument signed by both parties. This agreement shall be governed by the laws of the State of Arkansas. CLIENT CONSULTANT CITY OF FAYETTEVILLE City of Fayetteville Street Tree Inventory io Date BURDITT ASSOCIATES e r r, rte %/ By: Charles B. Burditt Date Owner Page 3 Professional Services Agreement • • EXHIBIT 'A' SCOPE OF WORK DUTIES OF CONSULTANT: Burditt Associates will provide all labor, tools, equipment, supplies, products, personnel, and necessary supervision to provide the following: • Component One: Computerized Street Tree Inventory • Component Two: Computerized Tree Management System • Component Three: Urban Forestry Management Plan The project will conducted under the direction of the City of Fayetteville's Public Lands Maintenance Department. Reporting and coordination of the project will be conducted through this department unless otherwise directed. The following services are to be supplied by Burditt Associates per the Proposal for Services dated February 2001 in response to "City of Fayetteville, Arkansas - Request for Proposals - City Wide Tree Inventory". Issues relating to planting spaces will be addressed by Statement of Work Addendum (See duties of Client). COMPONENT ONE: COMPUTERIZED STREET TREE INVENTORY Field Data Collection - All street trees growing on specified City of Fayetteville street ROW and within the following three (3) Parks: • Walker Park (Portion) - 30 Acres • Gulley Park - 27 Acres • Wilson Park - 21 Acres • Data to be Collected - Following is the data and a description of each item: 1. Street Address - Address of tree location including street name and number 2. Tree Identification - Species of each individual tree by genus, species and common name 3. Size - Size of tree by diameter measured 4. Condition of Tree - Rating according to the five condition factors developed by the International Society of Arboriculture including: • Trunk • Scaffold Branches • Smaller Branches and Twigs • Foliage • Roots City of Fayetteville Page I E,inibit A Street Tree Inventory Scope of Work • • EXIIIBIT 'A' SCOPE OF WORK 5. Defects - Identify the defects of each tree including: • Physical Defects • Insect Related Defects • Disease Related Defects 6. Maintenance Requirements - A priority list of work assignments using the following criteria: • Priority One Tree Removal- Trees designated for removal have defects that cannot be cost effectively or practically treated. The majority of trees in this category have a large percentage of dead crown and re potential safety hazards Large dead and dying trees that are high liability risks are included in this Category. These trees are the first ones that should be removed. • Priority Two Tree Removal: Trees that should be removed but do not pose a liability as great as the first priority. • Priority Three Tree Removal: Trees that should be removed, but that pose minimal liability to persons or property, e.g. transplant failure or amenity removal • Priority One Prune: Trees recommended for pruning to remove hazardous deadwood and dead or diseased limbs greater than 4 inches in diameter. • Priority Two Prune: There trees have dead, dying, diseased or weakened branches between two (2) and four (4) inches in diameter and are potential safety hazards • Large Tree Routine Prune: These trees require horticultural pruning to correct structural problems or growth pattems which would eventually obstruct traffic or interfere with utility wires or buildings. Trees in this category are large enough to require bucket tree access or manual climbing. • Small Tree Routine Prune: These trees require routing horticultural pruning to correct structural problems or growth patterns which would eventually obstruct traffic or interfere with utility wires or buildings. There trees are small species, mature threes that can be evaluated and pruned from the ground. • Train Prune: Young large trees that are still small must be pruned to correct or eliminate weak, interfering, or objectionable branches in order to minimize future maintenance requirements. These trees, up to 20 feet in height, can be worked with a pole runner by a person standing on the ground. • Stump Removal: Stump that should be removed. City of Fayetteville Page 2 Exhibit A Street Tree Inventory Scope of Work EXHIBIT 'A' SCOPE OF WORK • Planting Space: Indicates a vacant planting site. 7. Site Description - Three site description criteria will include: • Land Use: The dominant use of the property adjacent to the right-of-way: Apartment Municipal Boulevard Park Business Residence • Church School Hospital Vacant Lot Island Industrial • Growing Space: The area between the curb and the edge of the right-of-way. • Growing Space is I' to 4' wide • Growing Space is 5' to 9' wide • Growing Space is >9' wide • Sidewalk is integral with curb • No sidewalk • Growing Space is paved • Plant is behind a sidewalk yet within right of way. • Overhead Utilities: Describing the absence of presence of utility lines: • Electric • Communication • No Utilities 8. ** GIS Latitude and Longitude - Latitude and longitude from provided City of Fayetteville GIS base maps and/or GPS unit as necessary. Areas where comprehensive and adequate GIS base maps are available, the maps will be used to collect the GIS points. In parks and areas where the GIS bas maps are nonexistent or inadequate to accurately locate the tree, a GPS backpack unit to collect the tree data to submeter accuracy. City of Fayetteville Page 3 Exhibit A Street Tree Inventory Scope of Work • • EXHIBIT `A' SCOPE OF WORK Additional criteria or items to be provided but not specifically requested: 1. Tree Number - Tree numbering at each address i.e. Ti, T2, etc 2. Technical Memorandums - Provide technical memorandums to Fayetteville, Public Lands Department Director or Designee. 3. Hazard Tree Notification - Timely written notification of obvious eminent hazard trees to City Forestry Department during the inventory process. 4. Detailed and Sequential Files - Provide Detailed and Sequential Files of the Project. COMPONENT TWO: COMPUTERIZED TREE MANAGEMENT SYSTEM The City of Fayetteville will be provided with Burditt Associates' proprietary Tree Database Management Software `CityTree'. This software was developed to be used in the efficient management of City and Municipal trees. `CityTree' allows the user to seamlessly go between ArcView and Access to view and maintain tree inventory data. `CityTree' will perform the following: Enable users to view and search the tree information. • Browse data using Access database functionality • Browse the data in a GIS environment using ArcView functionality Generate and manage Work Orders. • CityTree easily produces work orders that can be printed or saved to file and can be sorted by; • Management Zone • Council District • Dates • Automatically update the maintenance history data upon completion of the work order • Work orders can be developed from either the database or by the selection of trees on a map and then submitted to the database for Work Order generation. Create reports to improve management decisions, crew assignments, or budgeting: • Monthly — Report to monitor tree maintenance work done monthly and to date. • Report monthly Removals, Trims, Plantings, etc. • Display information analytically and graphically regarding the urban forest cover City of Fayetteville Page 4 Street Tree Inventory Exhibit A Scope of Work • • EXHIBIT `A' SCOPE OF WORK • Create and print maps of the City streets that display tree locations Generate a map for the maintenance crew to locate the tree. • CityTree automatically produces a map upon generation of a work order. Tree data can be edited and maintained on a desktop system. • Maintain any tree record in the database based on updated information • Generate (print) a work order and corresponding map based upon a user request • Automatically update a work order record following completion of field work • Track minimal employee information regarding who the maintenance was performed by • Insert new records for public and/or private trees into the system Sort and report tree data by: • Address • Council District • Management Section • Date • Tree diameter class • Tree species - both common and botanical names • Other user defined criteria CityTree Software can also assist in: • Tracking inventory data. • Fieldwork scheduling • Providing a valuation of the City's street trees • Linking data attributes to the geographical information • Providing for easy modification and expansion of the database capabilities as needed (Access and ArcView functionality) Operating System(s): • Windows 98 • Windows 2000 • Windows NT City of Fayetteville Page 5 Street Tree Inventory Exhibit A Scope of Work • • EXHIBIT 'A' SCOPE OF WORK Technical Support CityTree will be warranted for any maintenance concems for a period of one (1) year from date of installation. Burditt Associates will provide prompt technical support to all parties, ensuring minimal downtime for any unforeseen problems. Support will include one year of telephone assistance, revisions and updates to the documentation as they pertain to system operations or debugging as requested. Client requested program revisions or updates not integral to functionality or requested under the RFP could incur additional expense. `CityTree' also includes a users manual and on line contextual help. Upgradability Burditt Associates and our business partners can assist with any necessity to upgrade the system for portability, expansion, and general enhancements. COMPONENT THREE: URBAN FORESTRY MANAGEMENT PLAN Following inventory of city wide tree resources, Burditt Associates will then develop a comprehensive Urban Forest Management Plan. The plan will target and address the needs as determined in the inventory phase as well as based upon interviews with City personnel responsible for tree management and maintenance. It shall also offer recommendations for future tree operations over the next 5 to 10 years. The plan will provide for: • Hazard Management - Risk management is necessary to ensure the safety of the residents of Fayetteville and also to reduce liability of the City and associated organizations. Treatment to mitigate and/or reduce hazard conditions should be a major part of the management criteria for urban forest management. Reducing the risk associated with hazardous trees will include the development of a policy that will protect the City and it's residents, employees, contractors and visitors from potential tragedy or damages. Tree removal operations to reduce hazard conditions will concentrate on trees the are Priority One and Two and then move on to hazard prune operations. • Pruning Scheduling - Pruning operations in the Fayetteville must be cost effective and practical. While pruning every tree in the city would not be a practical approach at this time, a more realistic goal would implement a pruning cycle for all large trees that are growing in close proximity to areas frequented by people with an emphasis placed on those trees designated as Priority One and Two pruning. A schedule could be developed that would adequately address the health of the Urban Forest and the safety of the city residents and visitors. As extensive tree planting occurs, a regulated cycle should be implemented to provide for pruning at regular intervals. • Insect, Disease Treatment and Fertilization - Tree maintenance issues will be necessary when dealing with insects, diseases, pests and nutrient deficiencies. General urban forest protection issues must be anticipated and addressed within the document. City of Fayetteville Page 6 E,thibit A Street Tree Inventory Scope of Work • • EXHIBIT 'A' SCOPE OF WORK • Resource Allocation and Budgetary Requirements - With the limited resources of money, manpower and equipment that the City of Fayetteville and many other cities are facing, creative approaches are necessary to implement and utilize a comprehensive Urban Forest Management Plan. The approach necessary must be practical and implementable according to the commitment of the residents of Fayetteville. • Park and Cemetery Management - All parks and cemeteries will be inspected and assessed for overall health, canopy cover, species diversity, and management needs. A section of the management plan will address any needs and recommendations for increased tree canopy cover and health. • Canopy Revitalization - Older, more established areas may require revitalization of the canopy cover and/or assessment of the same according to usage and purpose of the tree cover. • Preservation Planning - To preserve the existing trees within the city and enhance value, a preservation plan for site development (both new and redevelopment) and protection of the urban forest environment is essential. Preservation planning will be addressed within the Urban Forest Management Plan. • Community Awareness and Education Program/PIan - The key to any successful resource management program will be a well prepared community awareness plan. Municipal forestry departments, public works departments, parks and recreation departments and community associations all have a public image. This image may be real or imagined, but it exists in the eyes of the general public. Only through an effort to educate the public can many of the necessary management practices be implemented and adequate budgets be set aside with community support. • Tree Planting / Aforestation / Reforestation Initiatives - An assessment should be made of the needs for establishing or reestablishing tree cover throughout Fayetteville. Areas that have no tree cover should be assessed for aforestation (areas previously unforested) efforts. Many of the new areas in the city currently do not have adequate tree cover and will require reforestation efforts utilizing proper species diversity and maintenance procedures favorable to survival. The existing tree cover should be assessed for overall health and longevity or need for reforestation. Goals of canopy cover and ability to maintain these areas must be taken into account during the process. • Urban/Rural or Wildland Interface - The sprawling nature of today's urban areas creates many challenges such as fire suppression, emergency services, and fragmentation of wildlife habitat, ,lust to name a few. Methods to address these considerations should be included in any Urban Forest Management Plan. City of Fayetteville Page 7 Etitibit A Street Tree Inventory Scope of Work • • EXHIBIT 'A' SCOPE OF WORK • Additional Recommendations for Improved Management - Other recommendations for improvements to the Urban Forest of Fayetteville could include an Urban Ecosystem Analysis to determine the value and benefits of the existing tree cover. Specific assistance in planning future expansion of City services and infrastructure should be included. To be a working document, the plan should encompass the Parks Department's goals, objectives, strategies, administration, budget and overall work program. The plan should describe the day-to-day, short range, and long-range direction of the department METHODOLOGY Burditt Associates will collect the requested data, utilizing the following hardware, software, and methods: • Rugged, field-tested pen -based computers operating in a Windows environment. • Data collection software utilized for field data collection. • Where the City's GIS base maps are comprehensive and adequate to accurately locate the ROW trees, the GIS based street level maps, supplied by the City will be layered on the pen based computer. The collector will tap on the screen to accurately locate the tree using the City's own GIS data. • Where GIS based street maps are not available, adequate or comprehensive or within parks, GIS data will be collected with GPS backpack equipment with sub -meter accuracy. • Data will be collected on a tree by tree basis in the field by trained urban forestry, horticultural, or arboricultural professionals. • Following data collection, the information will then be downloaded into a City of Fayetteville desktop computer running Burditt Associates' proprietary database management software and ArcView GIS software. • The data will then be verified for utilization. Trees will be assessed for hazards by ocular methods. While this is quite effective at identifying obvious needs for hazard removals, many fractures, hollows, etc., may not be identifiable due to the time and budgetary restraints and the methods described above. Burditt Associates makes no warranty for hazard accuracy as applied to Acts of God, the negligence of others, or hazards not obvious from a visual inspection at the time of data collection. City of Fayetteville Page 8 Exhibit A Street Tree Inventory Scope of Work • • EXHIBIT 'A' SCOPE OF WORK DUTIES OF CLIENT: CLIENT will pay CONSULTANT on the basis of monthly invoices showing the services performed during the preceeding month. CLIENT will pay CONSULTANT within 30 days of receipt of an approved invoice and in accordance with the terms of the Consultant Agreement. CLIENT, client's agents or representatives will supply GIS based street level maps. CLIENT will invite interested parties to attend a meeting to develop consensus on issues relating to the collection of planting space data. The meeting shall be conducted at a mutually agreeable time for CONSULTANT within 15 business days from the date of execution of the agreement. An addendum to the Scope of Work addressing the planting space issue shall be agreed upon within 5 business days of said meeting. City of Fayetteville Page 9 Street Tree Inventory Exhibit A Scope of Work • CONSULTANT AGREEMENT • EXHIBIT.A This Agreement is made and entered into the iS day of /POI— 2001, by and between Burditt Associates of Montgomery County, Texas (hereinafter called the !!CONSULTANT"), and CITY OF FAYETTEVILLE (hereinafter called "CLIENT"). The initial addresses of the parties, which one party may change by giving written notice to the other party, are as follows: CONSULTANT Burditt Associates P. O. Box 1424 Conroe. TX 77305 CLIENT City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 That whereas CLIENT has requested services of the CONSULTANT as an independent contractor and not as an employee in relation to: CITY OF FAYETTEVILLE STREET TREE INVENTORY (SEE ATTACHED EXHIBIT A - SCOPE OF WORK) (herein called the "Project") NOW, THEREFORE, CLIENT and the CONSULTANT, in consideration of the mutual covenants set forth. agree as follows: Upon receipt of the executed copy of this Agreement, the CONSULTANT will perform services to provide CLIENT with the data, information, services or opinion proposed by CONSULTANT in Proposal dated February 26, 2001. excepting issues relating to available planting spaces that shall be determined according to terms set forth in the attached Statement of Work. CONSULTANT will proceed with the work as expeditiously as practical, and provide CLIENT with Urban Forestry Consulting Services. CONSULTANT shall collaborate with CLIENT'S agents or representatives in connection with Scope of Work and CONSULTANT shall be bound by the provisions set forth herein. CLIENT will place at CONSULTANT's disposal all available information generated by CLIENT, CLIENT's agents or representatives as may be pertinent to the Project including previous reports, documents. and any relevant data as will be necessary for CONSULTANT to provide the services covered by this Agreement. Component One: Urban Forest Inventory Street Tree Inventory - • Inventory of individual trees $ 1.95 per tree • Inventory of individual planting spaces $ 1.90 per space Park Tree Inventory - • Inventory of individual trees $ 1.95 per tree • Inventory of individual planting spaces $ 1.90 per space City of Fayetteville Stred Tree Inventory Page 1 Professional Services Agreement r m X 2 W • • These per unit foes are inclusive of labor described herein. Burditt Associates's unit price is guaranteed for the attached scope of services with a contract and scope of services providing for a minimum of 4,300 units (trees and/or planting spaces). The data collection area and units of data may; however, be increased in scope at the Client's discretion with no increase in per unit prices. The per unit price for the inventory contained herein is a fixed price and shall remain firm throughout the term of this Agreement. Component Two: CityTree Inventory Software CityTree Software $ 3,000.00 Training (16 hours) $ 1,975.00 Microsoft Access 2000 $ .00 Total $ 4,975.00 Training costs include labor, materials, lodging, and travel expenses. Component Three: Comprehensive Urban Forest Management Plan Management Plan $ 7,900.00 Terms Defined: Planting Space(s) The definition of planting spaces will be determined in a meeting to be held within 15 business days of the execution of an agreement between CONSULTANT and CLIENT. An addendum will provide consultant with guidelines for determining what planting spaces, if any, to collect data from and be attached to this agreement as an addendum to the Statement of Work. A "Tree" mcans any tree with the potential to reach a height of 20' or more. If a tree such as Photinia, Ligustrum, etc., is trimmed as a hedge, it will not be collected as a tree. If it is pruned into a tree form or seems to be allowed to grow unattended, it will be collected as a tree Invoices will be submitted monthly and will reflect the actual number of data units collected during that period or the percentage of completion. Payment of CONSULTANT invoices by the CLIENT will be made within 30 days from date of invoice. CLIENT may review invoice expeditiously within 30 days, but may not withhold payment unreasonably. Fees will be due and payable in Conroe, Texas, upon receipt of invoice. Nonpayment to CLIENT by any funding entity or agency will not relieve CLIENT of its financial obligation to CONSULTANT under this Agreement. No additional services. other than those specified in Exhibit A - Scope of Work, have been requested by CLIENT and none shall be provided by CONSULTANT under this Agreement unless mutually agreed upon in writing by both parties. CONSULTANT will have, in full force and effect, the following insurance coverage during the entire project: Worker's Compensation General Liability Professional Errors and Omissions $1,000,000.00 per occurrence $1,000,000.00 per occurrence $ 100.000.00 per occurrence CONSULTANT will provide certificates of insurance coverage to CLIENT prior to commencement of project. City of Fayetteville Street Tree Inventory Page 2 Professional Servias Agreanent • • CLIENT and CONSULTANT agree that the date of this Agreement will also be the agreed upon Start Date for CONSULTANT to begin performance. CONSULTANT will collect data and deliver completed deliverables covered by this agreement on or before August 31, 2001. In the event that CLIENT does not provide CONSULTANT the information or materials necessary to initiate or complete the work by the stated deadline, CLIENT will be notified in writing, detailing all information or materials required. In the event that a delay in completion of services results. due to no fault of CONSULTANT, CLIENT agrees to provide additional time to complete the services, commensurate with the type of delay. If CONSULTANT is unable to complete the services by the completion date due to Acts of God, such as natural disaster. additional time commensurate with the extent of delay will be afforded CONSULTANT by CLIENT. If CONSULTANT requests an extension of time for any other reason to complete its performance, the CLIENT may, in its sole discretion, extend the time. Any extension must be in writing but does not require amendment of this Agreement. CONSULTANT is not entitled to damages for delay(s) regardless of the cause of the delay(s). CONSULTANT agrees to indemnify and shall defend and hold harmless CLIENT, Client's agents or representatives from and against any and all liability, claims, damages, losses and expenses, including but not limited to all expenses of litigation, court costs, and attorney's fees, for injury or death of any person, or for damage to any property, or violation of any law, regulation or ordinance, arising out of or in connection with the work done under this Agreement. In the event legal action is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to a reasonable sum for attorney's fees and court costs. CONSULTANT shall not assign this Agreement at law or otherwise without prior written consent of CLIENT. This Agreement represents the entire agreement between CONSULTANT and CLIENT and may be amended only by written instrument signed by both parties. This agreement shall be governed by the laws of the State of Arkansas. CLIENT CITY OF FAYETTEVILLE By: City of Fayetteville Sues Tree Inventory Page 3 CONSULTANT BURDITT ASSOCIATES Charles 1. Burditt Owner Professional Services Agreement • • EXHIBIT 'A' SCOPE OF WORK DUTIES OF CONSULTANT: Burditt Associates will provide all labor, tools, equipment, supplies, products, personnel, and necessary supervision to provide the following: • Component One: Computerized Street Tree Inventory • Component Two: Computerized Tree Management System • Component Three: Urban Forestry Management Plan The project will conducted under the direction of the City of Fayetteville's Public Lands Maintenance Department. Reporting and coordination of the project will be conducted through this department unless otherwise directed. The following services are to be supplied by Burditt Associates per the Proposal for Services dated February 2001 in response to "City of Fayetteville, Arkansas - Request for Proposals - City Wide Tree Inventory". Issues relating to planting spaces will be addressed by Statement of Work Addendum (See duties of Client). COMPONENT ONE: COMPUTERIZED STREET TREE INVENTORY Field Data Collection - All street trees growing on specified City of Fayetteville street ROW and within the following three (3) Parks: • Walker Park (Portion) - 30 Acres • Gulley Park - 27 Acres • Wilson Park - 21 Acres • Data to be Collected - Following is the data and a description of each item: 1. Street Address - Address of tree location including street name and number 2. Tree Identification - Species of each individual tree by genus, species and common name 3. Size - Size of tree by diameter measured 4. Condition of Tree - Rating according to the five condition factors developed by the International Society of Arboriculture including: • Trunk • Scaffold Branches • Smaller Branches and Twigs • Foliage • Roots City of Fayetteville Page 1 EAtibitA Street Tree Inventory Scope of Work • • EXHIBIT 'A' SCOPE OF WORK 5. Defects - Identify the defects of each tree including: • Physical Defects • Insect Related Defects • Disease Related Defects 6. Maintenance Requirements - A priority list of work assignments using the following criteria: • Priority One Tree Removal. Trees designated for removal have defects that cannot be cost effectively or practically treated. The majority of trees in this category have a large percentage of dead crown and re potential safety hazards Large dead and dying trees that are high liability risks are included in this Category. These trees are the first ones that should be removed. • Priority Two Tree Removal: Trees that should be removed but do not pose a liability as great as the first priority. • Priority Three Tree Removal: Trees that should be removed, but that pose minimal liability to persons or property, e.g. transplant failure or amenity removal • Priority One Prune: Trees recommended for pruning to remove hazardous deadwood and dead or diseased limbs greater than 4 inches in diameter. • Priority Two Prune: There trees have dead, dying, diseased or weakened branches between two (2) and four (4) inches in diameter and are potential safety hazards. • Large Tree Routine Prune: These trees require horticultural pruning to correct structural problems or growth pattems which would eventually obstruct traffic or interfere with utility wires or buildings. Trees in this category are large enough to require bucket tree access or manual climbing. • Small Tree Routine Prune: These trees require routing horticultural pruning to correct structural problems or growth patterns which would eventually obstruct traffic or interfere with utility wires or buildings. There trees are small species, mature threes that can be evaluated and pruned from the ground. • Train Prune: Young large trees that are still small must be pruned to correct or eliminate weak, interfering, or objectionable branches in order to minimize future maintenance requirements. These trees, up to 20 feet in height, can be worked with a pole runner by a person standing on the ground. • Stump Removal: Stump that should be removed. City of Fayetteville Page 2 Exhibit A Street Tree Inventory Scope of Work • • EXHIBIT 'A' SCOPE OF WORK • Planting Space: Indicates a vacant planting site. 7. Site Description - Three site description criteria will include: • Land Use: The dominant use of the property adjacent to the right-of-way: Apartment Municipal Boulevard Park Business Residence Church School Hospital Vacant Lot Island Industrial • Growing Space: The area between the curb and the edge of the right-of-way. • Growing Space is 1' to 4' wide • Growing Space is 5' to 9' wide • Growing Space is >9' wide • Sidewalk is integral with curb • No sidewalk • Growing Space is paved • Plant is behind a sidewalk yet within right of way. • Overhead Utilities: Describing the absence of presence of utility lines: • Electric • Communication • No Utilities 8. ** GIS Latitude and Longitude - Latitude and longitude from provided City of Fayetteville GIS base maps and/or GPS unit as necessary. .Areas where comprehensive and adequate GIS base maps are available, the maps will be used to collect the GIS points. In parks and areas where the GIS bas maps are nonexistent or inadequate to accurately locate the tree, a GPS backpack unit to collect the tree data to submeter accuracy. City of Fayetteville Page 3 Exhibit A Street Tree Inventory Scope of Work • • EXHIBIT 'A' SCOPE OF WORK Additional criteria or items to be provided but not specifically requested: 1. Tree Number - Tree numbering at each address i.e. Tl, T2, etc. 2. Technical Memorandums - Provide technical memorandums to Fayetteville, Public Lands Department Director or Designee. 3. Hazard Tree Notification - Timely written notification of obvious eminent hazard trees to City Forestry Department during the inventory process. 4. Detailed and Sequential Files - Provide Detailed and Sequential Files of the Project. COMPONENT TWO: COMPUTERIZED TREE MANAGEMENT SYSTEM The City of Fayetteville will be provided with Burditt Associates' proprietary Tree Database Management Software `CityTree'. This software was developed to be used in the efficient management of City and Municipal trees. `CityTree' allows the user to seamlessly go between ArcView and Access to view and maintain tree inventory data. `CityTree' will perform the following: Enable users to view and search the tree information. • Browse data using Access database functionality • Browse the data in a GIS environment using ArcView functionality Generate and manage Work Orders. • CityTree easily produces work orders that can be printed or saved to file and can be sorted by; • Management Zone • Council District • Dates • Automatically update the maintenance history data upon completion of the work order • Work orders can be developed from either the database or by the selection of trees on a map and then submitted to the database for Work Order generation. Create reports to improve management decisions, crew assignments, or budgeting: • Monthly — Report to monitor tree maintenance work done monthly and to date. • Report monthly Removals, Trims, Plantings, etc. • Display information analytically and graphically regarding the urban forest cover City of Fayetteville Page 4 Strew Tree Invartory Exhibit A Scope of Work