E2. Urban Forest Management Plan'�y'V� �1A
REPORT TO: Doug Russell, City Manager
City of Kalispell
201 I" Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7757 Fax (406) 758-7758
FROM: Chad Fincher, Director, Parks and Recreation
SUBJECT: Urban Forest Management Plan (UFMP)
MEETING DATE: July 5, 2016
BACKGROUND: The city received grant funding from the State of Montana Department of
Natural Resources to assist with the creation of an Urban Forest Management Plan, written by a
qualified professional consultant. Staff sought qualified applicants through a publically
advertised Request for Qualifications. One submittal was received from Community Forestry
Consultants from Spokane, Washington.
Community Forestry Consultants have over 40 years of experience in the tree business and have
worked with many communities to complete management plans around the USA and Canada.
Staff has reviewed Community Forestry Consultants RFQ submission and has found them to be a
worthy contractor to complete Kalispell's UFMP.
FISCAL IMPACT: The city will be responsible for expenses related to the writing of the
UFMP, not to exceed $13,000. Grant reimbursement funding of $8,000 will be sought at the end
of the project, no later than December 31, 2016. The projected expenses and reimbursement
revenue are included in the parks urban forestry fiscal year budget for 16/17.
RECOMMENDATION: It is recommended that council approve a motion authorizing the city
manager to enter into a service agreement with Community Forestry Consultants.
ATTACHMENTS: Service Agreement with Scope of Services
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 1st day of July, 2016, by and
between the CITY OF KALISPELL, MONTANA, a municipal corporation organized and
existing under the laws of the State of Montana, 201 First Avenue East, Kalispell, Montana
59901, hereinafter referred to as "City," and Community Forestry Consultants, 2020 E. 361h Ave
Spokane, WA 99203, hereinafter referred to as "Consultant."
In consideration of the mutual covenants and agreements herein contained, the receipt
and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to hire Consultant as an independent contractor to perform
for City services described in the Scope of Services attached hereto as Exhibit "A" and by this
reference made a part hereof.
2. Effective Date: This Agreement is effective upon the date of its execution and
will terminate on the 301day of December, 2016.
3. Scope of Work: Consultant will perform the work and provide the services in
accordance with the requirements of the Scope of Services.
4. Payment: City agrees to pay Consultant Thirteen Thousand Dollars (13,000.00)
for services performed pursuant to the Scope of Services. Any alteration or deviation from the
described work that involves extra costs will be performed by Consultant after written request by
the City, and will become an extra charge over and above the contract amount. The parties must
agree upon any extra charges in writing.
5. Independent Contractor Status: The parties agree that Consultant is an
independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Consultant is not subject to the terms and provisions of the City's
personnel policies handbook and may not be considered a City employee for workers'
compensation or any other purpose. Consultant is not authorized to represent the City or
otherwise bind the City in any dealings between Consultant and any third parties.
Consultant shall comply with the applicable requirements of the Workers' Compensation
Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39,
Chapter 71, MCA. Consultant shall maintain workers' compensation coverage for all members
and employees of Consultant's business, except for those members who are exempted by law.
Consultant shall furnish the City with copies showing one of the following: (1) a binder
for workers' compensation coverage by an insurer licensed and authorized to provide workers'
compensation insurance in the State of Montana; or (2) proof of exemption from workers'
compensation granted by law for independent contractors.
Professional Services Agreement
6. Indemnity and Insurance: For other than professional services rendered, to the fullest
extent permitted by law, Consultant agrees to defend, indemnify, and hold the City harmless
against claims, demands, suits, damages, losses, and expenses connected therewith that may be
asserted or claimed against, recovered from or suffered by the City by reason of any injury or
loss, including but not limited to, personal injury, including bodily injury or death, property
damage, occasioned by, growing out of, or in any way arising or resulting from any intentional
or negligent act on the part of Consultant or Consultant's agents or employees.
For the professional services rendered, to the fullest extent permitted by law, Consultant
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses,
and expenses, including reasonable defense attorney fees, to the extent caused by the negligence
or willful misconduct of the Consultant or Consultant's agents or employees.
For this purpose, Consultant shall provide City with proof of Consultant's liability
insurance issued by a reliable company or companies for personal injury and property damage in
amounts not less than as follows:
• Workers' Compensation - statutory
• Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate
• Automobile Liability - $1,000,000 property damagelbodily injury; $2,000,000 annual
aggregate
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate
The City shall be included or named as an additional or named insured on the
Commercial General and Automobile Liability policies. The insurance must be in a form
suitable to City.
7. Professional Service: Consultant agrees that all services and work performed
hereunder will be accomplished in a professional manner.
8. Compliance with Laws: Consultant agrees to comply with all federal, state and
local laws, ordinances, rules and regulations, including the safety rules, codes, and provisions of
the Montana Safety Act in Title 50, Chapter 71, MCA.
9. Nondiscrimination: Consultant agrees that all hiring by Consultant of persons
performing this Agreement will be on the basis of merit and qualification and will not
discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status,
physical or mental disability, or national origin.
Professional Services Agreement
10. Default and Termination: If either party fails to comply with any condition of
this Agreement at the time or in the manner provided for, the other party, at its option, may
terminate this Agreement and be released from all obligations if the default is not cured within
ten (10) days after written notice is provided to the defaulting party. Said notice shall set forth
the items to be cured. Additionally, the non -defaulting party may bring suit for damages,
specific performance, and any other remedy provided by law. These remedies are cumulative
and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be
provided in writing and hand -delivered or mailed to the parties at the addresses set forth in the
first paragraph of this Agreement.
11. Modification and Assignability: This document contains the entire agreement
between the parties and no statements, promises or inducements made by either party or agents
of either party, which are not contained in this written Agreement, may be considered valid or
binding. This Agreement may not be enlarged, modified or altered except by written agreement
signed by both parties hereto. The Consultant may not subcontract or assign Consultant's rights,
including the right to compensation or duties arising hereunder, without the prior written consent
of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this
Agreement.
12. Ownership and Publication of Materials: All reports, information, data, and
other materials prepared by the Consultant pursuant to this Agreement are the property of the
City. The City has the exclusive and unrestricted authority to release, publish or otherwise use,
in whole or part, information relating thereto. Any re -use without written verification or
adaptation by the Consultant for the specific purpose intended will be at the City's sole risk and
without liability or legal exposure to the Consultant. No material produced in whole or in part
under this Agreement may be copyrighted or patented in the United States or in any other
country without the prior written approval of the City.
13. Liaison: City's designated liaison with Consultant is Fred Bicha, and
Consultant's designated liaison with City is Jim Flott.
14. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF KALISPELL, MONTANA Community Forestry Consultants,
CONSULTANT
By:
Doug Russell, City Manager
', Professional Services Agreement
By:
Print Name:
APPROVED AS TO FORM (§18-2-406, MCA):
By:
Charles A. Harball, City Attorney
Professional Services Agreement
Title:
Scope of Work
Attached.
Professional Services Agreement
Exhibit A
Parks and Recreation Dept
6/24/2016
Intro to Kalispell
M01V7AJVA
Exhibit "A"- Scope of Services
The City of Kalispell is located in the center of Flathead County in Northwestern Montana, 74
miles south of the Canadian border and 120 miles east of the Idaho line. The population of
Kalispell at last census was 19,927; however Kalispell services a county of approximately
140,000 people.
Kalispell has many wide beautiful tree lined boulevards. Roughly one hundred years ago
William Lawrence, the head of the water department, began a tree planting program that lined
many streets with maple trees (currently 48%). Approximately ten years ago Dutch Elm Disease
was discovered in Kalispell. Since the discovery, five hundred mature elm trees have been
removed. The current population of boulevard and city park trees in Kalispell is 8,353.
In 2009, The City of Kalispell acquired Tree Works, a tree inventory GIS based software
program. A college intern was hired and a tree inventory was completed for the majority of city
right of ways and parks over two summers. Presently this inventory is updated on a day to day
basis as work is completed. A copy of this data will be provided to the consultant in an excel
document for analysis.
Goals of the project
Part One (review)
Analyze current urban forest and provide an inventory report. Things to be analyzed shall
include:
A. Analyze tree species make up
B. Analyze diameter of trees as it relates to age of the urban forest
C. Analyze current tree conditions
D. Analyze maintenance needs
E. Analyze insect and disease concerns
F. Develop current maintenance schedule through one full pruning cycle based on current
staffing on a month by month basis, example, June -July 2031 prune 156 large trees on I sr
Ave W and 56 small trees on Cleveland Circle.
G. Utilizing NRCS soil data, analyze soils and identify trees that do well in those soils
H. Analyze hardiness zone and identify trees that would be conducive to Kalispell
I. Analyze current staffing levels and equipment
J. Provide cost analysis of the value of the urban forest both monetarily as well as
environmentally utilizing the program I -Tree
Part Two (community engagement)
Engage and facilitate Citizens, City officials, Council, and Tree Board as well as other stake
holders to help develop vision, goals, and recommendations on the future of Urban Forestry in
Kalispell. Considerations to include but not limited to:
A. Host a town hall meeting
B. Develop a web survey to engage citizens
C. Attend a Tree Board meeting
D. Attend a City Council work session
E. Meet with City officials that deal with trees in some facet
Multiple meetings will be scheduled per day to limit number of days needed to complete
community engagement.
Part Three (community analyzes and presentation)
Utilize information gained through community involvement to complete the UFMP. Prepare and
give a PowerPoint presentation at a City Council work session reporting findings.
A. Analyze community input from meetings
B. Develop community priorities
C. Develop vision, goals, and recommendations
D. Include findings from public engagement as additional components of original report
E. Provide maintenance alternatives and costs associated
F. If any alternatives are selected include in Part III as appendixes
Press Releases
Prepare press releases throughout project to keep citizens, and city informed (at least 3). One
press release at the beginning of the project telling the public about the project, one media
release at the conclusion of Part I inviting the public to be part of Part II, and a final release
summarizing the project and inviting the public to the council work session.
Review Period
Thirty days prior to the submission deadlines of the inventory report and final report electronic
copies of the documents will be made available to both DNRC and KPR in order to provide an
opportunity to review and provide comments prior to completion. Reviews will be completed
and returned to consultant at least fourteen days prior to final project deadlines. Comments
provided by DNRC and KPR should be addressed at final submission of inventory report and
final report.
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Submission of Reports
At the end of Part I & Part III, three (3) printed copies of the inventory report will be provided to
KPR.
Reports will be spiral bound with hard cover and back on double -sided standard 8.5" x 11" non -
glossy white paper. The use of 11" x 17" fold out sheets for large tables, charts, diagrams, and
maps will be permissible but should be limited. Font type and size should be, "Times New
Roman", size 12.
At the conclusion of Part III a disk or flash drive will be provided to KPR with digital copies of
all PowerPoints, data, reports, pictures, and anything produced through the completion of this
project.
All elements produced either written or data will be the property of the City of Kalispell at the
completion of the project.
Project Time Frame
❖ July 1, 2016 Anticipated signing of a service contract by City and Contractor
❖ August 12, 2016 Rough draft provided to KPR and DNRC for review of Part I
❖ August 26, 2016 Comments provided back to contractor concerning Part I
❖ September 9, 2016 Completion of Part I
❖ September 12, 2016 @ 7:00 P.M. Attend work session with City Council
❖ September 14, 2016 @ 4:00 P.M. Attend Tree Board meeting
❖ September 14, 2016 @ 7:00 P.M. Attend Town hall meeting
❖ November 11, 2016 Rough draft of the completion of Part III & PowerPoint rough draft
provided to KPR and DNRC for review
❖ November 28, 2016 Rough draft of Part III & PowerPoint comments provided back to
contractor
❖ December 12, 2016 @ 7:00 P.M. Present findings at City Council work session,
completion of Part III
Insurance
Consultant shall provide City with proof of Consultant's liability insurance issued by a reliable
company or companies for personal injury and property damage in amounts not less than as
follows:
• Workers' Compensation - statutory
• Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual
aggregate
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate
The City shall be included or named as an additional or named insured on the Commercial
General and Automobile Liability policies. The insurance must be in a form suitable to City.
Payment
Payment will be made in two distributions. A payment equaling half the quoted amount will be
paid at the conclusion of Part I and the second half will be made at the completion of Part III. It
will be the contractor's responsibility to invoice the city for payment. Once an invoice is
submitted for payment the city requires 30 days to complete payment.
City Contact
Fred Bicha
306 lst Ave E
Kalispell, MT 59901
fbicha@kal.ispell.con7
406-758-7716
Project Funding
Funding for this project is made possible through the City's forestry budget as well a Program
Development grant from the DNRC and USFS. State and Federal reporting requirements will be
followed.
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