Arborgate Consulting Inc (2015) CITY OF RANCHO PALOS VERDES
ON-CALL PROFESSIONAL/ TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT("Agreement") is made and entered into this 2nd day of June, 2015, by
and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and
Arborgate Consulting, Inc. (hereafter referred to as "CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto agree
as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as on-call services as follows:
View Restoration Arborist Consulting Services.
1.2 Description of Services
CONSULTANT shall provide professional arboriculture services in connection
with the administration of CITY's View Preservation and Restoration Ordinance, Rancho
Palos Verdes Municipal Code section 17.02.040. The professional arboriculture services
to be performed by CONSULTANT shall include, but are not limited to, the services more
particularly described below:
(a) Upon request by City Staff, CONSULTANT shall conduct field visits,
telephone conferencing, and basic tree analysis via email pursuant to the procedures set
forth in the City's Local View Restoration Guidelines and Procedures,.
(b) Upon request by City Staff, CONSULTANT shall provide the City with
written reports that are approximately 1 to 2 pages each concerning, but not limited to,
foliage health and safety, growth rates, trimming or removal impacts, and other such topics
relating to arboriculture services.
(c) Upon request by City Staff, CONSULTANT shall provide expert
arboriculture testimony before the Planning Commission and the City Council when
considering the effect of foliage removal, trimming, and/or replacement for View
Restoration Application Permit requests.
These services are further described in the CITY's Request For Proposals, which is
attached hereto as Exhibit "A" and incorporated herein by this reference, and in
CONSULTANT's Proposal, which is attached hereto as Exhibit"B"and incorporated herein
by this reference. In the event of any conflict between the terms of this Agreement and
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incorporated documents, the terms of this Agreement shall control. In the event of any
conflict between Exhibits "A" and "B," the terms of Exhibit "A" shall control.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY, CONSULTANT
shall perform with due diligence the services requested by the CITY. Time is of the
essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall
CONSULTANT be responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely
information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty
performance by CITY, other consultants/contractors, or governmental agencies, or any
other delays beyond CONSULTANT's control or without CONSULTANT's fault.
ARTICLE 2
COMPENSATION
2.1 Fee
CITY agrees to compensate CONSULTANT in accordance with
CONSULTANT's Schedule of Hourly Rates, which is within Exhibit"B,"and in any case an
amount not to exceed four thousand dollars ($4,000) per fiscal year for services as
described in Article 1. On-call services that are reimbursed by a trust deposit shall not
count towards the maximum amount CONSULANT shall be paid for such services. The
rates in Exhibit "B" shall be in effect through the end of the Agreement.
2.2 Terms of Compensation
CONSULTANT shall submit monthly invoices for the work completed in the
previous month. CITY agrees to authorize payment for all undisputed invoice amounts
within thirty (30) days of receipt of each invoice. CITY agrees to use its best efforts to
notify CONSULTANT of any disputed invoice amounts within ten (10)days of the receipt of
each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount
shall not be deemed a waiver of CITY's right to challenge such amount.
Additionally, in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY
agrees that CONSULTANT shall have the right to consider said default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10) working days advance written notice.
2.3 Term of Agreement
This Agreement shall commence on July 1, 2015 and shall terminate on June
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30, 2017 unless sooner terminated pursuant to Article 4 of this Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification
To the maximum extent permitted by law, CONSULTANT shall defend,
indemnify, and hold the CITY, its officials, officers, employees, agents and independent
contractors serving in the role of CITY officials, and volunteers (collectively"Indemnitees")
free and harmless from any and all claims, demands, causes of action, costs, expenses,
liabilities, losses, damages or injuries, in law or equity, to property or persons, including
wrongful death (collectively"Claims"), in any manner arising out of or incident to any acts or
omissions of CONSULTANT, its officials, officers, employees or agents in connection with
the performance of this Agreement, including without limitation the payment of all
consequential damages, attorneys'fees, and other related costs and expenses, except for
such Claims arising out of the active negligence or willful misconduct of the Indemnitees.
With respect to any and all such Claims, CONSULTANT shall defend Indemnitees at
CONSULTANT's own cost, expense, and risk and shall pay and satisfy any judgment,
award, or decree that may be rendered against Indemnitees. CONSULTANT shall
reimburse Indemnitees for any and all legal expenses and costs incurred by each of them
in connection therewith or in enforcing the indemnity herein provided. CONSULTANT's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
CONSULTANT or Indemnitees. All duties of CONSULTANT under this Section shall
survive termination of this Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of the Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Commercial General
Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each
occurrence and two million dollars ($2,000,000) general aggregate for bodily injury, death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSULTANT in the performance of this Agreement. Said policy
or policies shall be issued by an insurer admitted to do business in the State of California
and rated in A.M. Best's Insurance Guide with a rating of A:VII or better.
3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement, carry,
maintain, and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000,000) per claim and aggregate
for errors and/or omissions of CONSULTANT in the performance of this Agreement. Said
policy or policies shall be issued by an insurer admitted to do business in the State of
California and rated in Best's Insurance Guide with a rating of A:VII or better. If a "claims
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made" policy is provided, such policy shall be maintained in effect from the date of
performance of work or services on the CITY's behalf until three (3) years after the date of
work or services are accepted as completed. Coverage for the post-completion period may
be provided by renewal or replacement of the policy for each of the three (3) years or by a
three-year extended reporting period endorsement, which reinstates all limits for the
extended reporting period. If any such policy and/or policies have a retroactive date, that
date shall be no later than the date of first performance of work or services on behalf of the
CITY. Renewal or replacement policies shall not allow for any advancement of such
retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect, a policy or policies of Automobile Liability
Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence and
in the aggregate for bodily injuries or death of one person and five hundred thousand
dollars ($500,000) for property damage arising from one incident.
3.5 Worker's Compensation
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as required
by the law. If consultant has no employees, no such insurance is required by law.
CONSULTANT shall require any subcontractor similarly to provide such compensation
insurance for their respective employees.
3.6 Notice of Cancellation
(a) All insurance policies shall provide that the insurance coverage shall
not be cancelled or modified by the insurance carrier without thirty (30) days prior written
notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium.
Additionally, CONSULTANT shall provide immediate notice to the City if it receives a
cancellation or policy revision notice from the insurer.
(b) CONSULTANT agrees that it will not cancel or reduce any required
insurance coverage. CONSULTANT agrees that if it does not keep the aforesaid
insurance in full force and effect, CITY may either immediately terminate this Agreement
or, if insurance is available at a reasonable cost, CITY may take out the necessary
insurance and pay, at CONSULTANT's expense, the premium thereon.
3.7 Entire Policy and Certificate of Insurance
At all times during the term of this Agreement, CONSULTANT shall maintain
on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance
showing that the aforesaid policies are in effect in the required amounts. The commercial
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general liability policy shall contain endorsements naming the CITY, its officers, agents and
employees as additional insureds.
3.8 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY. The insurance policies (other than workers compensation and
professional liability) shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a) This Agreement may be terminated at any time,with or without cause,
by the CITY upon thirty(30)days prior written notice or by CONSULTANT upon ninety(90)
days prior written notice. Notice shall be deemed served if completed in compliance with
Section 6.14.
(b) In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by CONSULTANT,
in an amount to be determined as follows: for work satisfactorily done in accordance with
all of the terms and provisions of this Agreement as determined by the CITY,
CONSULTANT shall be paid an amount equal to the percentage of services performed
prior to the effective date of termination or cancellation in accordance with the work items;
provided, in no event shall the amount of money paid under the foregoing provisions of this
paragraph exceed the amount which would have been paid to CONSULTANT for the full
performance of the services described in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All final documents, plans, specifications, reports, information, data, exhibits,
photographs, images, video files and media created or developed by CONSULTANT
pursuant to this Agreement ("Written Products") shall be and remain the property of the
CITY without restriction or limitation upon its use, duplication or dissemination by the CITY.
All Written Products shall be considered "works made for hire," and all Written Products
and any and all intellectual property rights arising from their creation, including, but not
limited to, all copyrights and other proprietary rights, shall be and remain the property of the
CITY without restriction or limitation upon their use, duplication or dissemination by the
CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any
Written Products.
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CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the CITY
pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses, consents or approvals to use any instrumentality, thing or component as to which
any intellectual property right exists, including computer software, used in the rendering of
the services and the production of all Written Products produced under this Agreement,
and that the CITY has full legal title to and the right to reproduce the Written Products.
CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers,
employees, servants, attorneys, designated volunteers, and agents serving as independent
contractors in the role of CITY officials, harmless from any loss, claim or liability in any way
related to a claim that CITY's use of any of the Written Products is violating federal, state
or local laws, or any contractual provisions, or any laws relating to trade names, licenses,
franchises, copyrights, patents or other means of protecting intellectual property rights
and/or interests in products or inventions. CONSULTANT shall bear all costs arising from
the use of patented, copyrighted, trade secret or trademarked documents, materials,
equipment, devices or processes in connection with its provision of the services and
Written Products produced under this Agreement. In the event the use of any of the
Written Products or other deliverables hereunder by the CITY is held to constitute an
infringement and the use of any of the same is enjoined, CONSULTANT, at its expense,
shall: (a) secure for CITY the right to continue using the Written Products and other
deliverables by suspension of any injunction, or by procuring a license or licenses for CITY;
or (b) modify the Written Products and other deliverables so that they become non-
infringing while remaining in compliance with the requirements of this Agreement. This
covenant shall survive the termination of this Agreement.
Upon termination, abandonment or suspension of the Project, the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables related
to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a
document on a computer, CONSULTANT shall provide CITY with said document both in a
printed format and in an electronic format that is acceptable to the CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Community Development Director or his
or her designee. Gregory Applegate shall be the CONSULTANT's designated
representative. These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement. Additionally, Gregory Applegate shall be
principally responsible for performing the tasks assigned to CONSULTANT under this
Agreement. None of the work in Article 1 shall be performed by anyone other than Gregory
Applegate without the prior written consent of the City.
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6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement, CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48), the applicable equal employment provisions of the
Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of
1990 (42 U.S.C. § 11200, et sect.).
6.3 Personnel
CONSULTANT represents that it has, or shall secure at its own expense, all
personnel required to perform CONSULTANT's services under this Agreement.
CONSULTANT shall make reasonable efforts to maintain the continuity of CONSULTANT's
staff who are assigned to perform the services hereunder and shall obtain the approval of
the Community Development Director of all proposed staff members who will perform such
services. CONSULTANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement, but at all times shall CONSULTANT be
responsible for its associates and subcontractors' services.
6.4 CONSULTANT's Representations
CONSULTANT represents, covenants and agrees that: a)CONSULTANT is
licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary
to perform the services in accordance with the terms and conditions set forth in this
Agreement; b)there are no obligations, commitments, or impediments of any kind that will
limit or prevent CONSULTANT's full performance under this Agreement; c) to the extent
required by the standard of practice, CONSULTANT has investigated and considered the
scope of services performed, has carefully considered how the services should be
performed, and understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
6.5 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12) months after completion of the work
under this Agreement which is or may likely make CONSULTANT "financially interested"
(as provided in California Government Code Sections 1090 and 87100) in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6.6 Legal Action
(a) Should either party to this Agreement bring legal action against the
other, the validity, interpretation, and performance of this Agreement shall be controlled by
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and construed under the laws of the State of California, excluding California's choice of law
rules. Venue for any such action relating to this Agreement shall be in the Los Angeles
County Superior Court.
(b) If any legal action or other proceeding, including action for declaratory
relief, is brought for the enforcement of this Agreement or because of an alleged dispute,
breach, default or misrepresentation in connection with this Agreement,the prevailing party
shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in
addition to any other relief to which the party may be entitled.
(c) Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its
testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
6.7 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY. Any such purported
assignment without written consent shall be null and void, and CONSULTANT shall hold
harmless, defend and indemnify the CITY and its officers, officials, employees, agents and
representatives with respect to any claim, demand or action arising from any unauthorized
assignment.
Notwithstanding the above, CONSULTANT may use the services of persons
and entities not in CONSULTANT's direct employ, when it is appropriate and customary to
do so. Such persons and entities include, but are not necessarily limited to, surveyors,
specialized consultants, and testing laboratories. CONSULTANT's use of subcontractors
for additional services shall not be unreasonably restricted by the CITY provided
CONSULTANT notifies the CITY in advance and the CITY authorizes such work.
6.8 Independent Contractor
CONSULTANT is and shall at all times remain, as to the CITY, a wholly
independent contractor. Neither the CITY nor any of its agents shall have control over the
conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set
forth, and CONSULTANT is free to dispose of all portions of its time and activities which it
is not obligated to devote to the CITY in such a manner and to such persons, firms, or
corporations as the CONSULTANT wishes except as expressly provided in this Agreement.
CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any
time or in any manner, represent that it or any of its agents, servants or employees, are in
any manner agents, servants or employees of CITY. CONSULTANT agrees to pay all
required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify
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and hold the CITY harmless from any and all taxes, assessments, penalties, and interest
asserted against the CITY by reason of the independent contractor relationship created by
this Agreement. CONSULTANT shall fully comply with the workers' compensation law
regarding CONSULTANT and its employees. CONSULTANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers' compensation laws. The CITY shall have the right to offset against the amount of
any fees due to CONSULTANT under this Agreement any amount due to the CITY from
CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.9 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.10 Entire Agreement
This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified or amended, or provisions or
breach may be waived, only by subsequent written agreement signed by both parties.
6.11 Construction
In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.12 Non-Waiver of Terms, Rights and Remedies
Waiver by either party of any one or more of the conditions of performance under
this Agreement shall not be a waiver of any other condition of performance under this
Agreement. In no event shall the making by the CITY of any payment to CONSULTANT
constitute or be construed as a waiver by the CITY of any breach of covenant, or any
default which may then exist on the part of CONSULTANT, and the making of any such
payment by the CITY shall in no way impair or prejudice any right or remedy available to
the CITY with regard to such breach or default.
6.13 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
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Agreement shall continue in full force and effect.
6.14 Notice
Except as otherwise required by law, any payment, notice or other communication
authorized or required by this Agreement shall be in writing and shall be deemed received
on (a) the day of delivery if delivered by hand or overnight courier service during
CONSULTANT's or CITY's regular business hours or (b) on the third business day
following deposit in the United States mail, postage prepaid,to the addresses listed below,
or at such other address as one party may notify the other:
To CITY:
Joel Rojas, AICP, Community Development Director
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSULTANT:
Arborgate Consulting, Inc.
Attn: Greg Applegate
1131 Lucinda Way
Tustin, CA 92780
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated: 2-3-16 Greg Applegate
("CONSULTANT")
By:
Printed Name: Greg Applegate
Title: CEO/President
Dated: CIN OF RANCHO PALOS VERDES�o
("CITY")
By:
ayor
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ATTEST: APPROVED AS TO FORM:
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City Clerk City Attd
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Exhibit "A":
City's Request For Proposals
Exhibit "A"
R6876-0001\1585814v3.doc
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4n
CRY OF RANCHO PALOS
VERDES
April 25, 2013
Consultant
SUBJECT: REQUEST FOR PROPOSALS—View Restoration Arborist
Consultant for the City of Rancho Palos Verdes
Dear Consultant:
The City of Rancho Palos Verdes is requesting proposals from qualified consulting firms to
provide professional arboriculture services in connection with the administration of the City of
Rancho Palos Verdes' View Preservation and Restoration Ordinance (View Ordinance). The
purpose of this letter is to provide you with the information needed to submit a proposal for
review by the City and,if selected, enter into a contract with the City.
GENERAL BACKGROUND
GENERAL BACKGROUND—City of Rancho Palos Verdes
The City of Rancho Palos Verdes (the City) was incorporated in 1973 and consists of a total
area of about 13.6 square miles with 7.5 miles of coastline. The Palos Verdes Peninsula,
including the City of Rancho Palos Verdes,consists of unique topography that varies from steep
canyon walls to low valleys with elevations that range from sea level to 1,480 feet. The City is
bound on the north by the cities of Rolling Hills Estates, Rolling Hills and Palos Verdes Estates,
and to the east by San Pedro (City of Los Angeles).The population of the City, according to the
U.S. Census Bureau in 2011, is 41,946 and the character of the community is primarily
residential. Because of the City's location on a peninsula, many residents are afforded ocean
and city basin views. Since the City's incorporation in 1973, residents sought to protect their
views from needless encroachment by foliage. Thus, in November 1989, the voters of Rancho
Palos Verdes passed an ordinance (Proposition M)that created a City administered process to
restore and preserve their views.
GENERAL BACKGROUND—View Restoration Permit Prooram
The View Restoration Division of the Community Development Department is responsible for
administering the View Ordinance, which is considered to be one of the most stringent view
ordinances in the State, relating to vegetation. The View Ordinance is codified as Section
17.02.040 of the City's Development Code and the view application application process and
procedures are outlined in the City's adopted"View Restoration and Preservation Guidelines"
Request for Proposal
Rancho Palos Verdes-- View Restoration Arborist Consulting Services
Page 2 of 6
To address view impairments caused by foliage located on private property, residents submit a
pre-application for view restoration. The City will contract a mediator in an effort to resolve the
issue between the view applicant and the tree owner. If an agreement cannot be reached as a
result of the pre-application, the resident seeking a view may choose to submit a formal
application for View Restoration. If a formal application is submitted, City staff will often seek
the opinion of a consulting arborist concerning a tree's age; trimming risks, etc. in order to
formulate trimming recommendations to the Planning Commission or City Council. The City
also has another permit process called View Preservation which was created to preserve views
that existed in 1989 or later. The View Preservation Permit process is predicated on the City
protecting views that are documented by residents.
A description of these permits and the\new Restoration process can be found at URL:
htto://oalosverdes.com/rav/Dlanninatvrestoratlon/index.cfrn
The City's Development Code(Chapter 17)and Municipal Code can be accessed at URL:
htto://oalosverdes.com/rpvicitvderk/munidatabaseiindex.cfm
SCOPE OF WORK
The City is seeking the assistance of a consultant with expertise in conducting on-site field
assessments, and preparing professional arboriculture reports which will be utilized in
connection with the administration of the City's View Preservation and Restoration Ordinance.
The professional arboriculture services to be performed by the consultant shall include, but are
not limited to,the services more particularly described below:
1. Upon request, by City Staff, conducting field visits, telephone conferencing, and basic
tree analysis via email pursuant to the procedures set forth in the City's Local View
Restoration Guidelines and Procedures
2. Upon request, by City Staff, providing the City with brief, usually 1-2 page written reports
concerning, but not limited to, foliage health and safety, growth rates, trimming or
removal impacts, and other such topics relating to arboriculture services.
3. Upon request, by City Staff providing expert arboriculture testimony before the Planning
Commission and the City Council when considering the effect of foliage removal,
trimming,and/or replacement for View Restoration Application Permit requests.
Proposal and Qualifications
Format and Contents
Consultants interested in being considered for providing the above-described services should
submit a written proposal of the firm's or consultant's qualifications, and methodologies for
conducting on-site tree assessments and preparing arborist reports. The proposal should
Request for Proposal
Rancho Palos Verdes— Vi
Request for Proposal
Rancho Palos Verdes-- View Restoration Arborist Consulting Services
Page 4 of 6
scale of previous projects. The detailed cost estimate should be as specific as
possible, minimizing variable costs to the greatest degree possible ;
7. Preliminary estimates of the typical cost of providing the requested services.
Specifically, please also provide an estimated cost for the sample case below.
Please see the photo below as an example of a typical View Restoration Assessment.
A hypothetical case would be to assess whether 0 feet of trimming down the 20-foot
tall Coral tree shown below would likely kill or injure the tree. Atypical case would
require a field visit to Rancho Palos Verdes, a field assessment of a specific tree and a
brief 1-2 page fallow up report for Staffs review.
+// L/ 1 H
: , , ' ' ' ' :
.*/
/
Please indicate all costs for this sample project including the details mentioned in item
No. 6 above.
8. Statement of Qualifications.
9. The names, addresses, and telephone numbers for a minimum of three references
from other governmental or private entities where similar work has been performed.
Any additional information that the consultant wishes to submit may be attached in the form of
appendices.
Insurance Requirements
The City will require the firm/consultant selected to provide insurance, and proof thereof as
follows:
• Workman's Compensation, in accordance with State Laws
• Commercial General Liability in the amount of $1 million for each occurrence,
with $2 million in the general aggregate for bodily injury, death, loss or property
Request for Proposal
Rancho Palos Verdes—View Restoration Arborist Consulting Services
Page 5 of 6
damage for products or completed operations and any and all other activities
undertaken by the consultant in the performance of this Agreement
Said policy or policies shall be issued by an insurer admitted to do business in
the State of California and rated in A.M. Best's Insurance Guide with a rating of
A:VII or better.
• Professional Liability in the amount of$1 million per claim and in the aggregate.
Said policy or policies shall be issued by an insurer admitted to do business in the
State of California and rated in Best's Insurance Guide with a rating of A;VII or
better.
• A policy or policies of Automobile Liability Insurance, with minimum of one million
dollars ($1,000,000) per claim and occurrence and two million dollars
($2,000,000) in the aggregate for bodily injuries or death of one person and five
hundred thousand dollars ($500,000) for property damage arising from one
incident.
Selection Process
Deadline for Submission
Four copies of the proposal shall be submitted no later than 4:30om on May 24. 2013 to the
Community Development Department, City of Rancho Palos Verdes, 30940 Hawthorne
Boulevard, Rancho Palos Verdes,CA 90275,Attn:Amy Seeraty,Associate Planner.
Following the receipt of proposals from interested consultants, Staff will review the proposals for
the purpose of selecting one consultant If a need for additional information from any of the
submitted proposals is necessary, City Staff intends to Contact respondents by Wednesday,
May 29, 2013. If selected, the consultant will be required to submit an additional eight
copies of their proposal.
Selection Schedule
The request for Qualifications and Project Proposal draft schedule is as follows:
April 25, 2013 RFP issued
May 24, 2013 Response to RFP due to City
May 29, 2013 Staff will contact consultants if City has questions
Request for Proposal
Rancho Palos Verdes-- View Restoration Arborist Consulting Services
Page 6 of 6
June 5, 2013 Firm selected by Staff
June 18,2013 Contract presented to the City Council for Approval
Selection criteria will include, but not be limited to the following:
1. Demonstrated background and experience in preparing arborist reports.
2. Completion of Submittal Requirements
3. • References
4. Depth of resources to perform work
5. Cost
Discretion
The City reserves the right to reject any or all proposals or to request and obtain, from one or
more of the consulting firms, supplementary information as may be necessary for City Staff to
analyze the proposal pursuant to the consultant selection criteria. The City may require
consultants to participate in additional rounds of more refined submittal before the ultimate
selection of a consultant team is made. These rounds could encompass revisions of the
submittal criteria in response to the nature and scope of the initial proposal.
The Consultant, by submitting a response to this Request for Proposal(RFP),waives all right to
protest or seek any legal remedies whatsoever regarding any aspect of this RFP. The City may
choose to interview one or more of the firms/companies responding to this RFP.
Contact Information
Firms may submit questions or comments to Ms. Seeraty regarding this RFP at any time, from
date of consultant's receipt of this RFP through the RFP response date. Questions regarding
the request for proposal should be submitted via email to Ms. Seeraty who may be reached at
amvs@rov.com. A response to your questions will be provided to you by Ms. Seeraty. Thank
you for your attention to this matter.
SI,cerely,
oel R t Os,AIC
Corn nity De = ••ment Director
cc: Gregory Pfost,AICP, Deputy Community Development Director
Amy Seeraty,Associate Planner
File
Exhibit "B":
Consultant's Proposal, including Schedule of Hourly Rates
Exhibit "B"
R6876-0001\1585814v3.doc
/ 1'
ARBORGATE CONSULTING,INC.
ARaowcuituIE&HOITKULTURE
May 10,2013 RECEIVED
Seers MAY 132013
Ms.Amy ty
City of Rancho Palos Verdes COMMUNITY DEVELOPMENT
Community Development Department
30940 Hawthorn Blvd. DEPARTMENT
Rancho Palos Verdes,CA 90275-5391
Re: Via Restoration Arborist Consultant for the City of Rancho Palos Verdes
Dear Ms.Seeraty:
Please find enclosed 4 copies of my proposal and 4 copies of my references. I have also enclosed samples
of smaller reports as I believe that is more in line with your intentions. If you like,I can e-mail copies of
larger reports and some more related to view issues.
I have had occasion to work with citizens in respect to your ordinance. On one such case I brought down
an attorney from the bay area who is also an arborist and had worked on drafting view ordinances up
there. He found it pretty"bullet-proof'. I have also worked with many Orange County HOAs who have
CC&Rs with view protection clauses and have helped train and safe otherwise good trees.
I don't believe there is anyone who could provide what you need to help implement this ordinance better,
and yet minimize the loss of trees. As you probably know,there is also the State Government Code
53067,which decries topping. Many tree services call topping"crown reduction"as a way to protect
themselves from suits based on this code. Real crown reduction that does not destroy the tree requires a
higher level of arboricultural understanding than many tree services have.
There is also the issue of independence. A tree service anxious to make money make take a job and write
a report to justify their topping. Tree services often offer consulting,but usually lack independence and
none I know of have a registered consulting arborist on staff.
I believe there are many trees planted in error. Their landscape architect,landscape contractor or on their
own selected a species that either did not respect the ordinance,or they didn't really know the
characteristics of that species. Many times the best solution is to just remove and replant with a good
species. Your area has hundreds of species that could be selected and many that would not need pruning
to control the height.
As you consider the various proposals please keep in mind not only my years of experience and
credentials,but also the range of experience I can apply to your needs. No young assistants or junior
arborists will work on your projects. On my web site you can find the range of other services I provide.
Thank you for your consideration.
Res a W11 submitted,
1\
Arbor :te Consulting,Inc_
Greg Applegate,ASCA,ASLA
Registered Consulting Arborist#365
ARBORGATE CONSULTING, INC.
.Horticulture&Arboriculture
1131 Lucinda Way,Tustin,CA 92780, Pb..714,731.6240, Cell: 714.292.7184, Fax 714.731.6138
. a
ARBORGATE CONSULTING,INC.
ASOINCUciUICE&tOKINcULT
Consulting
View Restoration
. Introduction
Business Background
This proposal is submitted by Arborgate Consulting,Inc.,a California S Corporation,engaged
entirely in consulting. Mr.Greg Applegate is the CEO and sole consultant. He performs all
inspections and reporting. He maintains independence and objectivity by having no
complementary business activity that could benefit from his recommendations. Mr.Applegate
has been working in horticulture since 1963 and as a professional consultant since 1984.
Project Background
The City contacted Arborgate Consulting and requested this proposal. The City is requesting
consulting to help administer the View Ordinance. Due to the many residents who have view
homes,the View Ordinance is one of the most stringent view ordinances in California,and is
codified as Section 17.02.040. If a resident fills out an application for View Restoration because
the issue was not resolved through the mediator,City staff may seek the opinion of a consulting
arborist. The consulting arborist will provide information regarding the tree's age,trimming
risks,etc. in order to formulate recommendations to the Planning Commission or City Council.
Scope of Work
The City is seeking the assistance of a consultant with expertise in conducting on-site field
assessments,and preparing professional arboricultural reports to be utilized in the administration
of the City's View Preservation and Restoration Ordinance. The professional arboricultural
services to be performed by the consultant shall include,but are not limited to,the services
described below:
1. Upon request,by City Staff,conducting field visits,telephone conferencing,and basic
tree analysis via email pursuant to the procedures set forth in the City's Local View
Restoration Guidelines and Procedures.
2. Upon request,by City Staff,providing the City with brief,usually 1-2 page written
reports concerning,but not limited to,foliage health and safety,growth rates,trimming or
removal impacts,and other such topics relating to arboricultural services.
ARBORGATE CONSULTING, INC.
Horticulture&Arboriculture
1131 Lucinda Way,Tustin,CA 92780, Ph.714.731.62.40, Cell: 714.292.7184, Fax 714.731.6138
Page 2 Consulting Arborist Proposal for View Restoration
5-843 Submitted to:Mr.Joel Rojas,City of Rancho Palos Verdes
Submitted by:Arborgate Consulting,Inc., Greg Applegate,714-731-6240
3. Upon request,by City Staff providing expert arboricultural testimony before the Planning
Commission and the City Council when considering the effect of foliage removal,
trimming,and/or replacement for View Restoration Application Permit requests.
ConsultingEquipment
A large horticultural and arboricultural library and software/database collection
40-foot extending fiberglass height measurement pole
AirKnife for root crown examination
Biltmore stick
Calipers
Computers,laptops,tablet with Microsoft Office Word,PowerPoint and Excel
A business level high speed cable modem
Diameter tapes
HP Color Laserjet 5550 dtn 1 lx17 printer
IML Resistographs F300 and MD300
Nikon AW 100 and D600(full frame)digital cameras
Nikon range finder/hypsometer
Outdoor green laser pointer
Shigometer
Soil test probe and bucket augur
Sounding hammers
Qualifications of Consulting Arborist
Registered Consulting Arborist#365
Certified Arborist WE-0180a
Certified Tree Risk Assessor PNC-444
Greg Applegate has worked in the horticulture field, including landscape architecture,nursery
and arboriculture for over forty-five years. Compare the registration numbers and certification
numbers for comparable experience. Mr.Applegate is not just a certified arborist or member of
ASCA,besides the other qualifications Mr.Applegate had the third highest score in the quarter
that he took the arborist's certification exam and was one of the first to be certified in southern
California. His certificate number is WE-0180a. He was also the third person to graduate from
the American Society of Consulting Arborists' (RSCA)Arboricultural Consulting Academy. He
was the first person in the nation to qualify for registration in ASCA under the new more
stringent Academy standards. The status of being a registered ASCA member requires passing a
number of exams and review of past reports. It is different than just being a member of ASCA.
He was the first certified tree risk assessor in California and for a while the only one. His degree
is in Landscape Architecture from Cal Poly,Pomona in 1973. Mr.Applegate is a member of
ASLA,the American Society of Landscape Architects;ISA,the International Society of
Arboriculture; STS,the Street Tree Seminar;IPS,the International Palm Society;IOA,
International Oak Society,ASCA,and the American Society of Consulting Arborists. Attached
please find a current resume. Below is a sample of relevant past projects:
ARBORGATE CONSULTING, INC.
Horticulture&Arboriculture
1131 Lucinda Way,Tustin,CA 92780, Ph.714.731.6240, Cell: 714.292.7184, Fax 714.731.6138
Page 3 Consulting Arborist Proposal for View Restoration
5-8-13 Submitted to:Mr.Joel Rojas, City of Rancho Palos Verdes
Submitted by:Arborgate Consulting, Inc., Greg Applegate,714-731-6240
insurance
This consultant carries$2,000,000 general liability and E&Co,and$1,000,000 auto insurance No
claims have ever been made against any of the above policies.
Arborgate Consulting does not carry Workman's Compensation Insurance because I have no workers.
Conflict of Interest Statement
Arborgate Insurance has no projects or cases pending which could cause a conflict of interest.
Experience
Campus Arboricultural Consulting
Alverno High School tree protection
Arcadia High School--Full campus tree evaluation&hazard analysis
Broadacres Elementary School Hazard Evaluation after roots cut for Century Paving-
Cal Poly,Pomona—Tree preservation study for Oakridge Landscape,Inc.
CalState Fullerton,Phase III Housing tree survey for Fong Hart Schneider
Cal State Long Beach—Hazard evaluation for Dennis.J.Amoroso Construction
Cal State Long Beach Chancellor' Office-prepare Maintenance guidelines with LPA
Cal State Long Beach parking Iot trees for EPT,Landscape Architecture-
Cal State Long Beach,Physical Plant Expansion,tree preservation for Golden Rain L/S
Cal State Northridge-tree preservation for SJ Amoroso Construction
California Institute of Technology(CalTech)—tree preservation at KISS Institute
California School for the Deaf Tree Appraisal for City of Riverside
Camino Grove Elementary School for Arcadia USD
Chaminade School Baseball Diamond Expansion for Rosenheim&Assoc
Chapman College—Tree evaluation for Arnel Development Company
Compton School District-Hazard Evaluation for GKK Works
Corona del Mar High School-Tristania diagnosis
Crafton Hills College—full campus survey,hazard analysis,and tree preservation
Crean Lutheran High School tree evaluation and pruning recommendations
Curtis School—Tree preservation for EEK
El Camino College—tree preservation and hazard analysis for Bovis Lend Lease
Fountain Valley High School-Hazard Evaluation for Angeles Contractor
Friends Christian Church High School,Yorba Linda—tree evaluation
Hamilton High School--tree preservation report for IBI Group-
Harvard Westlake School Preservation of Mexican Ash for Matt Construction
Huntington Beach High School-safety pruning specifications&training
Huntington Christian School Redwoods Adjoining New Modulars •
Keppel Elementary School Tree Moving Analysis-Sheck Developers
L.Rincon Elementary Hazard Evaluation of Liquidambars for Dougherty&Dougherty
Long Beach Community College Golf Mall Tree Preservation Study-Gonzales-Goodale
Long Beach Schools Sycamore Hazard Evaluation for GKK Works
Long Beach West Cabrillo High School McCarthy
ARBORGATE CONSULTING, INC.
Horticulture&Arboriculture
1131 Lucinda Way,Tustin,CA 92780, Pb.714.731.6240, Cell: 714.292.7184, Fax 714.731.6138
+ T
Page 4 Consulting Arborist Proposal for View Restoration
5-843 Submitted to: Mr.Joel Rojas,City of Rancho Palos Verdes
Submitted by:Arborgate Consulting, Inc.,Greg Applegate,714-731-6240
Los Angeles City College campus tree survey and hazard analysis
Los Angeles Southwest College Ficus Report for Ted Tanaka Architects
Los Angeles Trade Tech—tree preservation
Loyola High School—diagnosis and tree preservation
Loyola Marymount Campus-many projects:diagnostic,hazard analysis,and preservation
Marlborough School,many projects,tree preservation,street tree survey,diagnosis,etc
Marymount High School—diagnostics,tree preservation
Mt.Saint Mary's College-Doheny Campus--Tree preservation study
McKinley Elementary School San Gabriel Unified School District-Thomas Blurock Architects
Nellis School Summary Findings for JKB Construction Mgmt
Orange Unified School District—hazard analysis
Pierce Junior College--Parking lot tree preservation report for Sasaki Associates
Pomona Unified School District 4 schools report
PSI,Santa Monica—Tree Preservation Study
Redhill Lutheran Church and School-diagnostics
Rio Hondo College—Oak tree relocation study and full campus evaluation and hazard analysis
Riverside City College—Full campus tree evaluation&hazard analysis
Roosevelt Elementary School San Gabriel Unified School District-Thomas Blurock Architects
Saddleback College--Ficus trees root damage
Saddleback College-Ficus at James B.Utt Library,for Fong,Hart,Schneider
Saddleback School District—Trabuco Elementary School Oak hazard evaluation
San Marcos High School tree inventory and evaluation for Lusardi,
San Ysidro School District,Beyer School Cherry Transplant Suitability Evaluation
Sepulveda Middle School—Tree Preservation Report for Bojorquez&Lefner
South Region Elementary School#10--Tree evaluation for Nuvis
Simons School,Pomona--Tree Preservation Report for Fong Hart Schneider
St Margaret's Episcopal School-Ganado Parking Lot Tree Preservation
Sutter Middle School Tree Preservation Report for Hill Partnership
Tarbut vTorah School,Irvine—tree inspection at nursery and site for Snyder Langston
The Claremont Colleges—expert witness consulting for Korda,Johnson,&Wall
The Country School tree preservation study through LRM
The Newcomb School LBUSD Oak trees preservation for The Planning Center-
Third Street Elementary School—Hazard evaluation for Icon Engineering
UC1—campus arborist,diagnostic,hazard analysis,preservation and specifications over 20 years
UC1 Medical Center-Hazard evaluation and general arboricultural consulting
UCLA several diagnostic projects through Glen Dake Landscape Architect
UCLA Eucalyptus Preservation Plan for Karlskint-Crumb Landscape
USC--campus arborist,full campus survey,hazard analysis,preservation&specifications over 11 years
USC Medical Center-general arboricultural consulting
Valley Elementary School#10 Tree Preservation Report for Hill Partnership
Villa Park Electuary School Tree Hazard Evaluation for Orange Unified School District
Washington Elementary School tree preservation report for IBI Group
Webb School,Claremont—various projects including diagnosis and tree risk assessment
West Cabrillo High School Tree Hazard Evaluation for Long Beach Unified School District
West Los Angeles College-Tree Management&Preservation Study
Westminster High School-Tree Protection for Day Construction Co
ARBORGATE CONSULTING, INC.
Horticulture&Arboriculture
1131 Lucinda Way,Tustin,CA 92780, Ph.714.731.6240, Cell; 714.292.7184, Fax 714.731.6138
Page 5 Consulting Arborist Proposal for View Restoration
5-8-13 Submitted to:Mr.Joel Rojas, City of Rancho Palos Verdes
Submitted by:Arborgate Consulting, Inc.,Greg Applegate,714-731-6240
•
General Arboricultural Consulting
30th Street Architects-Maloof Tree Preservation and Relocation
AES Huntington Beach Power Generation Facility--species and maintenance recommendations
Amgen-Maintenance Manual and Tree Preservation Report for Mia Lehrer Associates
ARB-Irvine Regional Park tree preservation during sewer line excavation
Airport Center-Buildings#2&3 Tree&Palm Assessment Report for Jupiter Realty Corp.
Alzheimer's Residence-Yorba Linda,Tree Preservation Report for Yorba Linda LLC
AMCAL Multi Housing-94th&Broadway LA-protected tree report
Anaheim Marriot Hotel—Palm evaluation,diagnosis and replacement inspection
Aquarium of the Pacific,tree preservation
AT&T Mobility--eucalyptus study for Cal Trans
Bar Harbour at Capo by the Sea for California Pacific Homes
Barlow Hospital,tree preservation plan for Jack Bryant&Associates
Bay Laurel—Encinitas Torrey pine preservation monitoring for Greystone Homes
Bayside Palm Evaluation&Diagnosis for RPW Services Inc.
Belmont Village Senior Care Facility Tree Preservation Plan for Belmont Corporation
Bixby Ranch Co—tree preservation,and maintenance guidelines.
Boeing Fitness Center Tree Preservation Report for Boeing Corporation
Bolinger Estates Preservation Report for Brandywine Development
Boyle Engineering Corp.-Diagnose Parking Lot Tree Problem
Brittany-pruning,maintenance,&installation specifications for John Laing Homes-
Broad&Westminster-ficus removal&appraisal report for Morgan Development
Burton Associates Oakcreek Golf Course Tree Preservation Plan
CalTrans--appraisal and expert witness consulting,various cases
CalTrans-diagnosis of Washingtonias in San Clemente for Richard Fisher Associates
CalTrans--palm evaluation for E.L.Yeager Construction Co
Calafia pruning recommendations for Clark&Green
California Lakes tree preservation for Dangermond&Associates
California Lakes tree preservation for Metropolitan Water District
California Lakes tree selection for Immersive Design
Cantada Maintenance&Pruning Guidelines,etc for California Pacific Homes
Casa Paloma San Juan Capistrano tree preservation plan for Birtcher Senior Properties
Centex Homes,Inc.-Legacy at Bryant Ranch—Oak&Pomegranate Preservation Plan
Cerritos Regional Park Tree Evaluation and Preservation Report for Calvin R.Abe Associates
Chrystal Court,Palm I.D.and Appraisal for Four Seasons Nursery
Church of Our Savior--Tree Preservation Study
City of Azusa—construction monitoring oaks and palms
City of Garden Grove-appraisal of trees at 11277 Garden Grove Blvd
City of Highland--Various tree and landscape appraisal cases
City of Huntington Beach,Edison Park Tree Inventory
City of Huntington Beach,certification of landscape plans
City of Inglewood--Expert witness consulting and testimony
City of Irvine--Jamboree Road pine appraisal
City of Laguna Beach,City Hall Hazard Evaluation&pruning supervision
City of Laguna Beach,blue gum hazard evaluation
City of Laguna Niguel median trees study for Ann Christoph Associates
City of Laguna Woods,Moulton Parkway olive evaluation
City of Laguna Woods Hazard Analysis El Toro Road Ficus and Grevillea evaluation
City of Lancaster-Lancaster Blvd Street Trees for Fong Hart Schneider
ARBORGATE CONSULTING, INC.
Horticulture&Arboriculture
1131 Lucinda Way,Tustin,CA 92780, Ph.714.731.6240, Cell: 714.292.7184, Fax 714.731.6138
Page 6 Consulting Arborist Proposal for View Restoration
5-8-13 Submitted to: Mr. Joel Rojas,City of Rancho Palos Verdes
Submitted by:Arborgate Consulting, Inc., Greg Applegate, 714-731-6240
City of Loma Linda-review status of trees in parks and LMD areas
City of Los Angeles-Yucca Park preservation of memorial pine,and expert witness consulting
City of Orange--various projects
City of Palm Springs-Whitewater Golf Course tree evaluation
City of Pasadena Water&Power-Tree Inventory and evaluation
City of Rancho Mirage--City Hall Tree Inventory and evaluation
City of San Juan Capistrano City Hall tree hazard evaluation
City of San Marcos Torrey pine appraisal
City of Torrance--Street tree root evaluation for Ranco Construction
City of Tustin-Pasadena St Tree preservation
City of Walnut Ashley Park Pepper Tree Hazard Evaluation
City of Yorba Linda-Main Street safety pruning recommendations
City of Yorba Linda,6 parks--eucalyptus psyllid management report
City of Yorba Linda-Old Town.Pine Preservation Study
City of Yorba Linda-Yorba Linda Blvd.Pine Preservation Study
Claremont Senior Care Facility for Atkinson&Associates
Coto de Caza oak preservation for Clark&Green
County of Los Angeles^on call arboricultural consulting through Nuvis Landscape Architects
Cucamonga Corner Point Arborist Report for Lantex
Cypress Business&Professional Center Tree Preservation Report for Nick Adachi Architects
Del Obispo and Camino del Avion Tree Preservation for EPT,Landscape Architecture
Disney Hong Kong Project plant selection for WDI
Disney's Animal Kingdom--plant selection,procurement,specifications,etc
Disney's California Adventure—procurement,plant selection,replacement guidelines for WDI
Disneyland-Main Street,Oak Health Study
Disneyland-Hazard evaluation,diagnosis of tree problems,etc.
Disneyland Hotel-diagnosis of tree problems,etc
DisneySeas—Toyko plant selection for WDI
Dominguez Ranch Eucalyptus Preservation Report for City of Yorba Linda
Dominigoni Reservoir Tree Assesment for The Planning Center
Dreamworks--Evaluation of oak trees-Glendale
East Lake Village Shopping Center,parking lot tree preservation for Sambucetti&Burns
Eisenhower Park,Orange-Tree Protection and Root Cutting Specifications for conduit trenching
El Segundo Community Center for LPA
Esplanade Shopping Center--Oxnard Phase 1 &2 Tree Reports for M&H Development
Fairfield Ranch-Centex Homes Oak Suitability Study for Smithgall Johnson&Associates
Fairhaven Memorial Park&Mortuary--tree preservation,diagnostics and tree selection
Forsum,Sommers,Murphy-San Juan Capistrano Condominiums,tree preservation.
George Air Force Base Conversion,tree&palm selection for Douglas Newcomb Inc
Hewes Park Orange—Tree Preservation Plan for TNR
Higgens Ranch Project Tree Preservation Plan for Polygon Homes
Hillcrest Park,Fullerton-Arboricultural Management&Preservation Plan for RHA
Hollyhills Drain Construction,BH--Tree Preservation Study Diversified Landscape&Maint
Hollywood Park Tree Evaluation for Mia Lehrer Associates
Home Depot Inglewood Tree Preservation and monitoring
Homestead Village-Calabasas, Oak Tree Preservation Plan for Huitt-Zollars
Howard Johnson Anaheim Landscape Appraisal for Richard Price
Inland Empire Center,Fontana,tree preservation plan for Birtcher-Trachman
In-N-Out Burger Restaurants-Santa Maria&San Ramon Tree Preservation Plans
Irvine Spectrum,Eucalyptus Windrow Preservation Plan for RPA
ARBORGATE CONSULTING, INC.
Horticulture&Arboriculture
1131 Lucinda Way,Tustin,CA 92780, Ph.714.731.6240, Cell: 714.292.7184, Fax 714.731.6138
Page 7 Consulting Arborist Proposal for View Restoration
5-8-13 Submitted to: Mr. Joel Rojas,City of Rancho Palos Verdes
Submitted by:Arborgate Consulting, Inc.,Greg Applegate,714-731-6240
Jamboree Road widening,Pines Preservation Plan for Clark&Green
Jamboree Road Widening Appraisal of Trees at Risk for the City of Irvine
Jordan Avenue Oak Preservation Report for New Urban West
Kaiser Hospital Fontana tree moving evaluation for Hamilton Construction
Kaiser Permanente Pasadena-Pruning recommendations
Kaufman&Broad-Tree Assesment/Buena Park
Koll Center tree evaluation&recommendations for IMA Design Group
Laguna Canyon Road preservation of eucalyptus study for The Irvine Company-
Lake Forest Corridor Center(Home Depot)Tree Preservation Report for Steadfast Properties
LaMirada Community Regional Park Root Report for EPT
LaPuente Parks Tree Study for Heimberger&Hirsh,Landscape Architecture
Land Concern,Landscape Architecture-Tree Lists for projects in Colorado
Landscape Architect Exam,Plant Materials for State of California,Consumer Affairs
Legacy at Bryant Ranch,preservation and maintenance guidelines for Citation Homes
Los Angeles AF Base Palm Preservation&Replacement Program and tree risk assessment
Lynne Deane Barbaro&Associates-Frederick's Development,Oxnard tree preservation
Magnolia Memorial Park--Hazard evaluation of stone pines
Marriot Courtyard—Pasadena Damage Appraisal for Koll Construction
Mayberry Ranch-Diagnose tree problems and prepare Maintenance guidelines
Mesa Verde Shopping Center Tree Preservation Report for Tarlos Associates
MetroLink—San Bernardino,Palm Preservation Report for DMJM
. Milestone Builders-San Dimas Oaks,Oak tree preservation
Miramar Nurseries--Electronic catalog with Garden Soft plant selection software
Montage Resort in Laguna Beach--Tree Risk Assessment
MTA Redline Station-Universal City tree preservation Tatsumi&Partners
MTA Expo Line—species selection and review of Expo recommendation
MTA Div.I3 Street Tree Study,Metro Bus Maintenance and Operations Facility 920 Vignes
MTA Irrigation Recommendations Regarding Court Ruling
MWD—California Lakes Tree Preservation and Resort Species Selection and tree preservation
Newport Coast review pines for The Irvine Company
Newport Center--Ficus preservation during remodel,for LPA
Newport Fashion Island-Diagnosis various tree problems and make recommendations
Newport Fashion Island pine preservation for The SWA Group,Landscape Architecture
Newport Fashion Island-Replacement tree study
Newport Harbor Lutheran Church,tree preservation plan for Taylor Woodrow
Normandy Place-Eucalyptus pruning and maintenance guidelines
Oakbrook Village-Hazard evaluation,diagnosis of tree problems,etc.
OCTA-review specifications, letters etc for Denne Design Group
One Carter--Tree Preservation reports,construction monitoring
Orange County Badminton Club palm evaluation&recommendations for CP Landscape
Pacific Hills-Maintenance evaluation and prepare Maintenance guidelines
Pacific Point Tree Preservation Reports for Sun Cal Companies
Pacific Scene Development-Chino Hills,Oak tree preservation
Palm Desert Mall,Diagnose Parking Lot Trees for Carlasio Landscape-
Parker Hannifin site,Tree Preservation Study for LPA
Pasadena Avenue Tree Preservation Study for BSI
Paseo Westpark Phoenix canariensis monitoring for Merit Property Management
Pepper Tree Lane Hazard Analysis of Schinus for Spectra Enterprises
Philbert Trust 122 acre estate Oak Woodland&Tree Protection for RPA
Pierwalk II Huntington Beach—Tree Preservation Plan&monitoring for TNR
ARBORGATE CONSULTING, INC.
Horticulture&Arboriculture
1131 Lucinda Way,Tustin,CA 92780, Ph.714.731.6240, Cell: 714.292.7184, Fax 714.731.6138
Page 8 Consulting Arborist Proposal for View Restoration
5-8- 3 Submitted to:Mr.Joel Rojas,City of Rancho Palos Verdes
Submitted by:Arborgate Consulting, Inc.,Greg Applegate,714-731-6240
Playa Vista Tree Preservation,procurement,and monitoring for Playa Capital
Point Happy Ranch,Cathedral City,Tree&Palm Preservation Plan for The Sundstrom Co
Princeton Town Homes,Street Trees for Professional Community Management
Ravenea,pruning,maintenance,&installation spec editing for Forsum,Summers,&Murphy
Roland Heights Oak Preservation for Pacific Communities Development
Rosedale,Azusa—Oak and Palm Monitoring for City of Azusa since 2005
San Bernardino County Court House Pine Preservation for PBS&J
San Clemente Municipal Golf Course Tree Preservation Plan for Rainville-Bye
San Dimas Oaks,Oak tree preservation for Milestone Builders
San Juan Capistrano Condominiums Tree Preservation Forsum Summers&Murphy,Inc.
San Juan Capistrano Pepper/Construction Mitigation for Gerald J.Chazan,Inc.
San Manuel Indian Casino Tree Preservation Report for Roger Leonard Architecture
Sand Canyon Flood Control project,Oak protection and monitoring-Mike Bubalo Construction
Santiago-Foothill Properties Oak review&monitoring for PBR
Sinaloa Shopping Center Tree Preservation&Tree Moving Reports for McDaniel Builders
Sisters of Social Service Oak Preservation Report for Calvin Abe Associates
South Coast Plaza&Repertory Theatre diagnostics for Bruce Wayne Company
St.John Fisher Catholic Church,Rancho Palos Verdes-Tree Evaluation&Preservation
Staubach Retail Services-AutoNation Tree Preservation Report for PBS&J
Stephen Dawson&Catherine Zyetz—Rancho Palos Verdes View Issues
Stetson Engineers—tree preservation at Patton Well Site,Pasadena
Summit at Warner Center Landscape Appraisal for Calvin R.Abe
Sunrise Assisted Living,Canoga Park-Tree Preservation Plan for Ivy Landscape Architecture
Sunrise Assisted Living,Carlsbad-Tree Preservation Plan for Sunrise Development
Sunrise Assisted Living,Huntington Beach Tree Preservation Plan for Ivy Landscape Architect
Sunrise Assisted Living,La Palma Tree Preservation Plan for Sunrise Development
Sunrise Assisted Living,Santa Monica-Tree Preservation Plan for Ivy Landscape Architecture
Sycamore Commons pruning supervision for TMC
Target Store Cerritos Tree Preservation Plan for Perkowitz+Ruth
Target Store Costa Mesa Tree Preservation Plan for Perkowitz+Ruth
Target Store Pasadena Tree Preservation Plan for Perkowitz+Ruth
Tatsumi&Partners,Landscape Architecture-MTA,Universal City tree preservation
Tentative Tract 13330,Eucalyptus preservation study for Barrinson Development
Tentative Tract 15565 Tree Preservation Specifications for Muskoka Development
The Shops at Lake Avenue-Tree Preservation Study for Forest City Development
The SWA Group,Landscape Architecture-Newport Center pine preservation
Toyota of Buena Park,tree preservation for Matson Architects
Travilla,pruning,maintenance,& installation spec editing for Forsum,Summers,&Murphy
The Irvine Co-Old Myford Road Tree Preservation Plan
The Irvine Co-Trabuco Grove various diagnosis projects
The Irvine Co-Tustin Ranch Eucalyptus Inventory
The Irvine Co-Tustin Ranch Sectors 2-5,Eucalyptus preservation
The Irvine Co-Upper Castaways Tree Monitoring for Coastal Community Builders
The Irvine Co-Upper Castaways Tree Preservation Plan for Coastal Community Builders
University Park Prey-Construction Tree Monitoring for Bemus
University Research Park UCI,tree&plant selection and follow-up tree health evaluation
Valley View Yorba Linda Tree Preservation Report for Stonegate Development Co
Veterans Park tree evaluation&report Mia Lehrer Associates
Vida Lido Shopping Center-Hazard evaluation,maintenance guidelines for Fritz Duda
ARBORGATE CONSULTING, INC.
Horticulture&Arboriculture
1131 Lucinda Way,Tustin,CA 92780, Ph.714.731.6240, Cell: 714.292.7184, Fax 714.731.6138
Page 9 Consulting Arborist Proposal for View Restoration
5-8-13 Submitted to: Mr.Joel Rojas,City of Rancho Palos Verdes
Submitted by:Arborgate Consulting, Inc., Greg Applegate,714-731-6240
Vintage Reserve Oak Planting&Irrigation Recommendations for Brehm Homes
Vons 2047 Simi Valley Tree Preservation Report for Perkowitz+Ruth
Walgreen's Drug Store Tree Preservation Report for Evergreen Devco
Weseloh Chevy/Honda-San Juan Capistrano,Tree Preservation Plan
West Covina Oak Preservation Plan for Prestige Homes
West Covina II&III Tree Preservation Report for Pacific Communities
West Covina Tree Preservation Report for Pacific Communities
White's Point Air Base Tree Preservation Plan for Lotus Development International
Yorba Linda Presbyterian Church Tree Preservation Report for TA Construction
Approach to ProvidingServices
Mr.Applegate believes in thorough examination of the trees and their environment. He was the
first in Orange County to make use of the Shigometer in analyzing tree health and decay. He
makes use of other diagnostic tools,such as the Resistograph,penetrometer,increment borer,
increment hammer,AirKnife and diameter tapes,for accurate information. He also uses starch
tests and other scientific methods to quantify results for more objective decision-making.
Whenever needed,samples are taken to the local lab for testing and culturing.
Besides the above experience,this consultant has served as an expert witness in over 50 cases.
Many were rooted in view issues that led to neighbors cutting each other's trees without
permission. I have testified in such cases from San Diego to Santa Barbara.
Having a background in landscape architecture,landscape contracting,and growing I take a long
range view of the landscape as a living plant community,rather than as individual plants serving
as ornaments to the built environment.
Reports are attractively presented,in simple to understand,logical terms. Any necessary jargon
is explained and defined.
Corporate Organization
Greg Applegate is 50%owner,the CEO and sole consultant. He provides all field work and
writes all reports.
Juliet Applegate is 50%owner,the Treasurer and edits all reports. Her degree is in economics
and she graduated from the Claremont Colleges in 1974.
There are no employees.
Disclaimer
Good,current information on tree assessment will be applied. However,even when every tree is
competently inspected,inspection involves sampling,therefore some areas of decay or weakness
may be missed. A complete tree hazard evaluation is not expected as part of this scope.
Weather,winds and the magnitude and direction of storms are not predictable and some failures
may still occur despite the best application of professional standards. Future tree maintenance
ARBORGA'TE CONSULTING, INC.
Horticulture&Arboriculture
1131 Lucinda Way,Tustin,CA 92780, Ph.714.731.6240, Cell: 714.292.7184, Fax 714.731.6138
Page 10 Consulting Arborist Proposal for View Restoration
5-8-13 Submitted to: Mr.Joel Rojas,City of Rancho Palos Verdes
Submitted by:Arborgate Consulting, Inc.,Greg Applegate,714-731-6240
will also affect the trees health and stability and is not under the supervision or scrutiny of this
consultant. Future maintenance activity such as trenching for sprinkler repair will also affect the
health and safety,but are unknown and unsupervised by this consultant. Trees are living,
dynamic organisms and their future status cannot be predicted with complete certainty by any
expert. This consultant does not assume liability for any tree failures involved with any property.
As with a person's annual physical exam,a health assessment of mature trees is a"snap shot"not
a guarantee. This consultant cannot verify with complete certainty the health and soundness of
the trees,but will make an expert evaluation,considering public safety paramount. Since the
health and status of each tree is ultimately determined by the physical changes that take place
around it during site improvements,and in response to pruning. Any requests for tree risk
assessment will be made under separate agreements.
This consultant will not be providing landscape architectural services or drawings.
Schedule
For Scope of Work Above:
The arboricultural view impairment evaluation and tree evaluation reports will be completed
within two weeks of receiving a written assignment from City Staff and all the relevant
background plans and information. The field visit and complete tree evaluation reports will be
mailed or emailed within three weeks of a notice to proceed.
Fees
Meetings,field visits,tree inspections,telephone conferencing and discussions, report
writing,and other hourly consulting $180 per hour
Sample Project from Item 7 in RFP. Assignment:Assess whether 10 feet crown reduction of
the 20-foot tall Coral tree,Erythrina ca,f -a,shown in the RFP would likely kill or injure the tree.
A field visit to Rancho Palos Verdes,a field assessment of the specific tree and a brief 1-2 page
follow up report for Staffs review would typically be billed at 3 to 3.5 hours for the site visit and
1 to 1.25 hours for the report. No charge for mileage. Average charge=4.5 hours @$180/hr.
Duplication,binding,laboratory work,necessary rental equipment and other approved expenses
will be billed at invoice plus a 10%handling charge.
Terms
All accounts are due in full within 30 days of original invoice date. A 12%finance charge sill be
added to all past due balances using a simple periodic rate of 1%per month on the unpaid
balance.
ARBORGATE CONSULTING, INC.
Horticulture&Arboriculture
1131 Lucinda Way,Tustin,CA 92780, Ph.714.731.6240, Cell: 714.292.7184, Fax 714.731.6138
Page 11 Consulting Arborist Proposal for View Restoration
5-8-13 Submitted to: Mr.Joel Rojas,City of Rancho Palos Verdes
Submitted by:Arborgate Consulting, Inc.,Greg Applegate, 714-731-6240
Arborgate Consulting will be fully reimbursed for all reasonable time and costs to collect unpaid
invoices, including reasonable and necessary attorney fees,commencing 90 days after original
statement date.
Agreement
It is understood that payment of fees and expenses is not contingent upon the results of any legal
action,any finding to be reported,or the occurrence of a subsequent event
Please indicate your understanding and acceptance of the above by signing below.
Respectfully submitted, Approved by,
Greg Applegate, ASCA,ASLA Mr.Joel Rojas,Community Development Director
Date Date
Arborgate Consulting,Inc. City of Rancho Palos Verdes
1131 Lucinda Way Community Development Department
Tustin,CA 92780 30940 Hawthorne Boulevard
Rancho Palos Verdes,CA 90275
ARBORGATE CONSULTING, INC.
Horticulture&Arboriculture
1131 Lucinda Way,Tustin,CA 92780, Ph.714.731.6240, Cell: 714.292.7184, Fax 714.731.6138
Page 12 Consulting Arborist Proposal for View Restoration
5-843 Submitted to:Mr.Joel Rojas,City of Rancho Palos Verdes
Submitted by:Arborgate Consulting, Inc., Greg Applegate,714-731-6240
Credentials American Society of Consulting Arborists-Registered Consulting Arborist#365
International Society of Arboriculture-Certified Arborist#WE-180
International Society of Arboriculture-Certified Tree Risk Assessor-PNC-444
Mr. Applegate is an independent consulting arborist, CEO of Arborgate Consulting,
Experience Inc. He has been in the horticulture industry since 1963, providing professional
arboricultural consulting since 1984 within both private and public sectors. His
expertise includes appraisal, tree preservation, diagnosis of tree and palm problems,
construction impact mitigation, environmental assessment, forensic consulting and
testimony, hazard evaluation, pruning programs, species selection and tree health
monitoring.
Mr.Applegate has consulted for insurance companies,major developers,theme parks,
museums, homeowners, homeowners' associations, landscape architects, landscape
contractors,property managers,attorneys and governmental bodies.
Notable projects on which he has consulted are: Disneyland, Disneyland Hotel,
DisneySeas-Tokyo, Disney's Wild Animal Kingdom, the New Tomonrowland,
Disney's California Adventure, Disney Hong Kong project, Knott's Berry Farm, J.
Paul Getty Museum,Tustin Ranch,Newport Coast, Crystal Court,Newport Fashion
Island Palms, Bixby Ranch Country Club, Playa Vista, Laguna Canyon Road and
Myford Road for The Irvine Company, MTA Expo Line, MWD-California Lakes,
Paseo Westpark Pains,IA2yola-Marymount campus,Cal Tech,Cal State Long Beach,
Pierce College,The Irvine Concourse,UCI,USC,UCLA,LA City College,LA Trade
Tech,Riverside City College, Crafton Hills College,MTA projects, and the State of
California review of the Landscape Architecture License exam(re:plant materials)
Education Bachelor of Science in Landscape Architecture,
California State Polytechnic University,Pomona 1973
Arboricultural Consulting Academy (by ASCA)
Arbor-Day Farm,Kansas City 1995
Continuing Education Courses in Arboriculture
required to maintain Certified Arborist status and for ASCA membership
Professional Affiliations American Society of Consulting&boasts(ASCA),Registered Member
American Society of Landscape Architects(ASLA),Full Member
International Society of Arboriculture(ISA),Regular Member
ASCA 2011 Nominations Committee
California Oak Foundation,Member
International Palm Society(IPS),Member
California Tree Failure Report Program,UC Davis,Participant
Street Tree Seminar(STS),Member
Community Affiliations Horticulture Advisory Committee,Saddleback College (1988-1995
ASCA web site,west coast tree question responder (2007 and continuing)
SoCalifASLA visibility committee 1980-82
Landscape Arch.License Exam prep,Instructor,Cal Poly Pomona (1986-90)
American Institute of Landscape Architects Board of Directors (1980-82)
California Landscape Architect Student Scholarship Fund-Chairman (1985)
International Society of Arboriculture-Examiner-tree worker certification(1990)
ASCA,Industry definitions ammittee and MG committee 2009-2010
Guest lecturer at UCLA,Cal Poly,Saddleback College,&Palomar Junior College
The Tree People (2000 and continuing)
.ARBORGATE CONSULTING, INC.
Horticulture&Arboriculture
1131 Lucinda Way,Tustin,CA 92780, Ph.714.731.6240, Cell: 714.292.7184, Fax 714.731.6138
REFERENCES for GREG APPLEGATE
5/712013
Lynne Tjomsland
Manager of Grounds and Gardens
3. Paul Getty Trust
1200 Getty Center Dr, Ste 100
Los Angeles CA 90049-1670
Richard Demerjian
Director of Campus Planning
University of California, Irvine
750 University Tower
Irvine CA 92697-2325
Eric Johnson
University of Southern California
941 W. 35th Street
Los Angeles CA 90089-0631
Mike Cannell
Metropolitan Transit Authority
One Gateway Plaza
MS 99-17-2
Los Angeles CA 90012
Mia Lehrer
Mia Lehrer + Associates
3780 Wilshire Blvd.
Suite 250
Los Angeles CA 90010
Mr. Cal Waisten
Walt Disney Imagineering
P.O.Box 25020
Glendale, CA 91221-5020
ARBORGATE CONSULTING,INC.
Arboriculture&Horticulture
1131 Lucinda Way,Tustin,CA 92780, Ph.714.731.6240, Cell: 714.292.7184, Fax 714.731.6138