Loading...
HomeMy WebLinkAbout2024-12-03; City Council; 01; Professional Services Agreement with Tributary LA Inc. for Landscape Plan Check and Inspection ServicesCA Review AF Meeting Date: Dec. 3, 2024 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Mike Strong, Assistant Director Community Development mike.strong@carlsbadca.gov, 442-339-2721 Subject: Professional Services Agreement with Tributary LA Inc. for Landscape Plan Check and Inspection Services Districts: All Recommended Action Adopt a resolution approving a professional services agreement with Tributary LA Inc. to provide landscape plan check and inspection services in an amount not to exceed $250,000 per year. Executive Summary The recommended action allows the city to proceed with a professional services agreement to provide landscape plan check and inspection services for private and city-initiated development projects. The agreement ensures that the landscape drawings and specifications are consistent with applicable city standards and reviewed by a certified landscape architect. City Council authorization of this professional services agreement is required under Carlsbad Municipal Code Section 3.28.040 - Procurement and disposition responsibilities because the annual amount of the agreement is more than $100,000. Costs for on-call, landscape plan check and inspection services are recoverable through various developer deposits and user fees collected by the city. Explanation & Analysis The City of Carlsbad has contracted with a professional landscape plan check and inspection firm since 1989 to review landscape plans and provide inspection services. Using this service gives the city access to specialized technical expertise and allows the city to provide consistent response times to our customers despite fluctuations in workload. Dugmore Design Studio Landscape Architecture has asked to cancel its current contract for the services effective December 2024. In response, staff sought other bids for landscape plan check and inspection services in September 2024. Dec. 5, 2024 Item #1 Page 1 of 34 Staff issued a request for proposals for the city’s landscape plan check and inspection services on Sept. 12, 2024. Seven proposals were received by the closing date of Oct. 8, 2024. The proposals were evaluated against the following criteria: 1.Firm's approach to project management 2.Experience and expertise in the field of landscape architecture 3.Quality of work 4.Ability to perform services in a timely manner 5.Overall cost of the service 6.Past performance on similar projects Tributary LA Inc. was ranked by the evaluation committee as the overall top-rated respondent. Based on that evaluation, staff recommends entering into a five-year agreement -- with the possibility of two one-year extensions — with Tributary LA Inc. to provide landscape plan check and inspection services. Fiscal Analysis Fees for external plan check are passed through directly to the applicant, so there is no direct fiscal impact to the city. The cost of the new agreement is $250,000 per year and will take effect after contract execution. The expenditure limit set for the agreement is the same as the current contract with Dugmore Design Studio Landscape Architecture and was established based on project activity anticipated for the current fiscal year. Sufficient funds are available in the current operating budget for the start of the new contract. The requested amount will be included in the operating budgets for fiscal year 2025-26, and future years. Next Steps Once the agreement is fully executed, staff will issue a notice to proceed to Tributary LA Inc. and it will begin to provide landscape plan check and inspection services. The agreement would remain in effect through Dec. 2029, with a maximum of two, one-year extensions. Environmental Evaluation As noted in California Public Resources Code Section 21065, the award of a contract for landscape plan check and inspection services does not require environmental review because it does not qualify as a project within the meaning of the California Environmental Quality Act in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Exhibits 1.City Council resolution Dec. 5, 2024 Item #1 Page 2 of 34 Exhibit 1 Dec. 3, 2024 Item #1 Page 3 of 34 RESOLUTION NO. 2024-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH TRIBUTARY LA INC. TO PROVIDE LANDSCAPE PLAN CHECK AND INSPECTION SERVICES IN AN AMOUNT NOT TO EXCEED $250,000 PER YEAR WHEREAS, the City Council of the City of Carlsbad, California has determined that it is necessary, desirable and in the public interest to acquire the services of a landscape plan check and inspection firm; and WHEREAS, on Sept. 12, 2024, the city published a Request for Proposal (RFP} inviting proposals for the city's landscape plan check and inspection services on the city's website; and WHEREAS, in accordance with the RFP the seven proposals received were evaluated using the criteria outlined in the RFP; and WHEREAS, based on evaluation criteria, a staff selection committee chose Tributary LA INC.; and WHEREAS, staff recommends City Council authorize the city manager to execute the • Professional Service Agreement for five years and approve authorization for a maximum of two, one- year extensions; and WHEREAS, sufficient funds are available in the FY 2024/25 operating budget for the start of the new contract and funds for future years will be requested in the operating budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Manager is authorized and directed to execute the Professional Services Agreement (Attachment A} with Tributary LA INC., for a term of five years with a maximum of two, one-year extensions in an amount not to exceed $250,000 per agreement year. Dec. 3, 2024 Item #1 Page 4 of 34 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 3rd day of December, 2024 by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) Dec. 3, 2024 Item #1 Page 5 of 34 Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 AGREEMENT FOR LANDSCAPE PLANCHECK AND INSPECTION SERVICES TRIBUTARY LA INC. Attachment A THIS AGREEMENT is made and entered into as of the ~ day of D c:C-?:!::v::~ , 2024, by and between the City of Carlsbad, California, a municipal corporation ("City") and Tributary LA Inc., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant who is experienced in landscape plan review, inspection, and miscellaneous Planning inspection services for current planning. B. Contractor has the necessary experience in providing professional services and advice related to these professional services. C. Contractor has submitted a proposal to the city and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of five (5) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of the Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed two hundred fifty thousand dollars ($250,000) per each year of the initial Agreement term. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed two hundred fifty thousand dollars ($250,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." Page 1 City Attorney Approved Version 5/22/2024 Page 2 City Attorney Approved Version 5/22/2024 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6.STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 6.1 Key Personnel. Contractor represents that the personnel approved by the City and listed herein as “Key Personnel” will be dedicated to the performance of the Services for the duration of this Agreement. In the event substitution of any Key Personnel becomes necessary due to the death or severe illness or injury of such Key Personnel or if the Key Personnel leaves the employ of the Contractor, the substituted Key Personnel shall be pre-approved in writing by City. Contractor shall obtain City's written approval to remove any of the Key Personnel from the Services for any reason. Key Personnel are: Tom Picard (Principal), Glen Brouwer (Partner), Kari Kiehnau (Landscape Architect), and Andrew Brouwer (Assistant Landscape Architect). 7.SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8.OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9.INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 6 of 34 Page 3 City Attorney Approved Version 5/22/2024 subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10.INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 7 of 34 Page 4 City Attorney Approved Version 5/22/2024 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City.” 10.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11.BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12.ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 8 of 34 Page 5 City Attorney Approved Version 5/22/2024 13.OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14.COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15.NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Cliff Jones Name Glen Brouwer Title Principal Planner Title Project Manager/Partner Dept Community Development Address 2725 Jefferson Street, Suite. 14 CITY OF CARLSBAD Carlsbad, CA 92008 Address 1635 Faraday Avenue Phone 760-434-9300 ext. 1001 Carlsbad, CA 92008 Email glen@trib-la.com Phone 442-339-2613 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16.CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☒ No ☐ If yes, list the contact information below for all individuals required to file: Name Email Phone Number Tom Picard tom@tri-la.com Glen Brouwer glen@trib-la.com 760-434-9300 ext. 1001 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 9 of 34 City Attorney Approved Version 5/22/2024 Page 6 17.GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18.CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 19.DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20.DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21.TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 10 of 34 City Attorney Approved Version 5/22/2024 Page 7 product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22.COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23.CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24.JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25.SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 11 of 34 City Attorney Approved Version 5/22/2024 Page 8 26.THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 27.ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 12 of 34 Dec. 3, 2024 Item #1 Page 13 of 34 Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 28. AUTHORITY The individuals executing this Agreement, and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this 21st TRIBUTARY LA INC., a California corporation By: (sign here) Tom Picard -President (print name/title) By: (sign here) Glen Brouwer -Partner (print name/title) t By: ATTEST: RLSBAD, a municipal corporation of f California City Manager SHERRY FREISINGER, City Clerk By: !li2 Deputy City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. ~ corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: l~frot Allegrarost Senior Assistant City Attorney City Attorney Approved Version 5/22/2024 Page 9 CITY OF CARLSBAD Landscape Plan Review & Inspection Services RFP 25.02 - 08 Oct 2024 Amber Dan Contract Administrator City of Carlsbad Community Development Dept 1635 Faraday Avenue Carlsbad, CA 92008 EXHIBIT "A" SCOPE OF SERVICES Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 14 of 34 8 October 2024 Amber Dan Community Development Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: RFP 25-02 – Landscape Plan Review & Inspection Services Dear Amber, We would like to introduce you to our landscape architecture firm, Tributary LA, Inc. The partners at Tributary LA, Inc. have over 75 years combined experience providing creative, cost-effective design solutions for projects that span from residential and commercial renovations to large scale master planned communities, slope and open-space rehabilitation, parks, resorts and plan review services for several homeowners’ associations. Tom Picard is the founder of Tributary LA, Inc. and has steadily worked with the City of Chula Vista since 1990 on multiple master planned community projects, most notably Otay Ranch in Chula Vista. Glen Brouwer, a partner in the firm, has a diverse portfolio of projects including parks, commercial buildings, streetscapes, master planned communities, multi-family developments, single family residences and has worked with the City of Dana Point on several improvement projects over the last several years. Tributary LA, Inc is a small firm of dedicated landscape architects, located in Carlsbad, whose goal is to build long term relationships with our clients. We provide full landscape planning and design services including construction administration, observation, and plan review. Our role is to assist and guide our clients in the decision-making process and to provide them with unique design solutions that are responsive to their program direction and budget. We have had success in building these relationships in that many of our clients rely on us for all their landscape architecture needs. Our diverse portfolio of project types and sizes provides us with the depth of experience to understand the details of project development, planning and execution. We have and continue to work on projects within the City of Carlsbad, so we are very familiar with the requirements of the City of Carlsbad landscape manual. With that in mind, Tributary LA, Inc. would be the best choice for the City of Carlsbad’s Landscape Plan Review and Inspection Services. Best regards, Glen Brouwer, ASLA Partner RLA #3465 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 15 of 34 TABLE OF CONTENTS FIRM’S RELEVANT EXPERIENCE 1 PLAN REVIEW AND INSPECTION EXPERIENCE 1 OTHER RELEVANT EXPERIENCE 2-4 APPROACH TO THE PROJECT 5 KEY PERSONNEL 6 TOM PICARD 6 GLEN BROUWER 7 KARI KIEHNAU 8 ANDREW BROUWER. 9 REFERENCES 10 COMPENSATION 11 HAND-OFF 12 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 16 of 34 FIRM’S RELEVANT EXPERIENCE In providing Landscape Plan Review and Inspection Services for the City of Carlsbad, we would expect to be asked to work on a diverse mix of projects, from large to small projects, from new construction to renovations. Tributary LA, Inc has provided design, design development, construction documents and on-site construction reviews for all those project types. That experience yields a deep understanding of how plan sets should be put together and how the implementation of those plans needs to occur. In addition to that work, Tributary LA, Inc currently provides plan review services for several homeowners’ associations. The following is a selection of projects that highlight our diverse mix of projects and the plan review services: Plan Review and Inspection Experience Client: Powerstone Property Management Project: Cota Vera Community Association, Chula Vista, CA The scope of the work includes the review the plans for compliance with the approved Community Association Community Design Guidelines & subsequent addendums and provide comments relative to compliance. Upon the completion of the landscape installation, Tributary LA, Inc reviews and verifies the installation for conformance to the approved plans. Documentation is provided to the client at the plan review and the installation stages as necessary to keep the client and applicant informed of the status of the project. Reference: Corinne Crawford, Director of New Community Development ccrawford@powerstonepm.com (949) 508-1547 Client: Walters Management Project: Escaya Community Association, Chula Vista, CA The scope of the work includes the review the plans for compliance with the approved Community Association Community Design Guidelines & subsequent addendums and provide comments relative to compliance. Upon the completion of the landscape installation, Tributary LA, Inc reviews and verifies the installation for conformance to the approved plans. Documentation is provided to the client at the plan review and the installation stages as necessary to keep the client and applicant informed of the status of the project. Reference: Rachel Garrett, Regional Vice President rgarrett@waltersmanagement.com (619) 591-7250 1 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 17 of 34 Other Relevant Experience Client: City of Dana Point Project: Shipwreck Park – Dana Point, CA The scope of the work was to provide design and construction drawings and construction review for the renovation of Shipwreck Park, a small neighborhood park located off of Golden Lantern in the City of Dana Point. The park design included the following elements: o New play equipment and safety surfacing. o Re-design of the hardscape to provide accessible access to all areas of the park. o New furnishing and fencing We worked with city staff to understand the limits and challenges of the site and designed ways to overcome the challenges. We found we were able to keep the general layout of the play area but could provide additional play space by eliminating a wall that separated the spaces. We also were able to re-design the hardscape to allow the entire play area to be accessible. During the construction we reviewed all aspects of the installation from the layout of the paving to the installation of the play equipment all the way through a final review of the installation. The construction was completed in early 2022. Reference: Matthew Sinacori – Public Works Director/City Engineer (949) 248-3574 Client: City of Dana Point Project: Pacific Coast Highway/Del Prado – Dana Point, CA The overall scope of the project was the realignment of Pacific Coast Highway and Del Prado from one way streets to two way streets including the addition of pedestrian friendly access and street furnishings. The city contracted with ROMA Design Group to provide the design and master planning of the project and at the request of city staff, ROMA contracted with Tributary LA, Inc to provide planting design and construction documents. The areas included medians and street edges along Pacific Coast Highway and Del Prado as well as some of the connecting streets. We coordinated with city staff and with ROMA to develop a plant palette that met the needs of the design and would be easy to maintain. We provided irrigation and planting construction documents as well as specifications formatted to meet the city’s approval. The construction reviews included hardscape layout reviews, staking the tree locations, irrigation coverage tests, shrub layouts and other miscellaneous items. Reference: Matthew Sinacori – Public Works Director/City Engineer (949) 248-3574 2 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 18 of 34 Client: City of Dana Point Project: Crown Valley Parkway – Dana Point, CA This project consisted of the renovation of an approximately 3/4 mile portion of median in Crown Valley Parkway. The median was all turf and some small trees that were not performing well. We coordinated with city staff to develop a plant palette that would continue the city’s tropical character but also bring in lower water using species to address current water requirements. We then worked with city staff on the presentation of the project to the city council for conceptual approval. During the design development process, we coordinated with city staff on a number of utilities in the street as well as with adjacent residences to ensure trees would not affect any views. Part of the design included providing areas where the median could be maintained. This was done using a narrow meandering, decorative gravel paved area that provided interest and safe areas for maintenance workers. We provided irrigation and planting construction documents as well as specifications formatted to meet the city’s approval. Construction reviews included the coordination and layout of the trees relative to the utilities, layout of the gravel paved areas, shrub layouts and irrigation reviews. Reference: Matthew Sinacori – Public Works Director/City Engineer (949) 248-3574 Client: Rancho Mission Viejo Company Project: South Plunge, Rancho Mission Viejo, CA The South Plunge is a recreation center designed for the master planned community of Sendero. This recreation center was envisioned as a small water play area for young children and families. The design includes a curvilinear pool that varies in depth from 3 to 5 feet, a water play area with pop-jet fountains and other equipment, two dining areas, a shade structure and barbecues. The planting design consisted of low water using plant species that provided interest and color all year round. We included some lawn area for children to play as well. We provided full landscape design and construction services throughout the project. The construction services on this project included bi-weekly construction meetings where all aspects of the construction were coordinated. Reference: Jennifer Taylor – Rancho Mission Viejo Company (949) 240-3363. 3 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 19 of 34 Client: Rancho Mission Viejo Company Project: Esencia Green, Rancho Mission Viejo, CA Esencia Green was envisioned as a central gathering space for the community of Esencia in Rancho Mission Viejo. The design included a modern expression of a band shell that includes a raised stage area and restrooms. Adjacent to the building is a dining and lounge area with barbecues among a grove of trees. Facing the band shell is a large sloped turf area for seating during events. Throughout the park there are small, informal seating spaces nestled into planting areas. We included a large Deodar Cedar as the community Christmas tree and an area with play equipment for small children. The planting design consisted of low water using plant species that provided interest and color all year round. We provided full landscape design and construction services throughout the project. The construction services on this project included bi-weekly construction meetings where all aspects of the construction were coordinated. Reference: Jennifer Taylor – Rancho Mission Viejo Company (949) 240-3363. Client: Home Fed Corporation in cooperation with the City of Chula Vista Projects: The Village of Escaya (Otay Ranch, Village 3) The Village of Cota Vera (Otay Ranch, Village 8 West) In cooperation with City of Chula Vista staff, Tributary LA, Inc. was an important member of the planning and design through the preparation of the Sectional Planning Area (SPA) documents, Landscape Master Plan (LMP), off-site roadway landscape improvement plans, community identification programming, slope and open-space restoration and a neighborhood park and dog park. Tributary LA, Inc has been working with City staff for over 35 years and has always found it vital to develop and maintain a respectful relationship with City Staff, the Owner, Consultants & Contractors. Tributary LA, Inc. was responsible for preparing landscape construction drawings for all major roadways, in-tract street improvements, perimeter slope restoration, community identification markers, fitness lots, Borden Park and Dog Park and Central Square Park and Bark Park. In Cota Vera the integration of art and the use of local artist became a key component to all programing, as is evident in Central Square Park. Throughout the implementation of the construction of these projects, Tributary LA, Inc. reviewed many different aspects of the construction and coordinated changes as needed. In addition, Tom was instrumental in working with the Otay Water District and County of San Diego Department of Environmental Health, in responding to the State of California Water Resource Control Board in developing new protocols, details & language related to the States policies on recycled water & dual plumb systems. The Village of Escaya started construction in 2015 and was completed late 2023. The Village of Cota Vera started construction in 2019 and will be completed in 2024. Reference: Kent Aden - Home Fed Corporation, Senior Vice President (760)918-8200 Brandon DiPietro – Otay Water District, Field Manager (619) 987-637 4 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 20 of 34 APPROACH A.TASK UNDERSTANDING Tributary LA, Inc. understands that the scope of work may involve either new landscape improvement plans, or the addition or renovation of existing landscapes within the City of Carlsbad. The reviews would include landscape and irrigation plans from the conceptual stage through the final approval of the construction documents. After the approval field reviews of the construction implementation would be performed as needed. B.METHODS AND TECHNIQUES Tributary LA, Inc is located approximately 6 miles from the city’s offices and thus would be able to pick up and deliver plans as they become available or completed. Also, we currently use Adobe Acrobat for portions of our work, so we could easily accommodate a change to a digital plan check process, should that be the direction the city desires. We currently set aside a portion of the work week for the review of any landscape plan submittals that we receive. We envision expanding that time frame to accommodate for the new workload of plan submittals from the city. Generally, the plan review would be a task performed by one of the partners or a project landscape architect. All of whom would be licensed landscape architects and would understand the requirements of the City of Carlsbad Landscape Manual. Our current workload of reviews has a first submittal turn around time of approximately two weeks depending on the quantity of plans received. When we add the plan reviews from the city to this, we see that turnaround time needing to expand to four weeks to be able to fully review the plans and provide the comments. The inspections of the installations would be accommodated as needed. Since we are located in Carlsbad, we have the ability to be flexible and accessible. 5 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 21 of 34 KEY PERSONNEL TOM PICARD, ASLA PRINCIPAL Tom Picard’s career started in the construction industry and continued working as a contractor while he pursued his degree at Arizona State University. Prior to graduating, Tom was hired by DeWeese- Burton Associates, where his career was channeled to the development of master planning communities. Prior to initiating Tributary LA, Inc. Tom was a project manager for master planned communities including Carmel Valley (San Diego), Costa Verde (San Diego), Fair Oaks Ranch (Santa Clarita), Rolling Hills Ranch, (Chula Vista) and Otay Ranch (Chula Vista). Otay Ranch has become the signature community for Tom, as he’s been integral to this project since 1990 and this master plan work continues now and will continue into the foreseeable future. Tom launched Tributary LA, Inc. in 2004 and has completed a wide variety of project types including: planning documents, streetscape, off-site infrastructure, slope and open-space restoration, fuel modification, parks, community centers, multi-family complexes, mixed-use centers, senior housing, schools, churches, model homes and several other components that make up of communities, as listed below. Tom was released a couple of years ago to create a beautiful park in the master planned community of Cota Vera, where a unique adaptation of art and use of creative amenities was the focus, as well as the community’s history. This park has recently been completed and the integration of art and an unleashed palette of creativity makes this park one of Tom’s favorite projects. Tom is an integral part of the plan and project construction review that the firm provides for several property management companies. EDUCATION B.A. Urban Planning, Arizona State University, Tempe, 1987 PROFESSIONAL REGISTRATION I AFFILIATIONS California Licensed Landscape Architect, #4001 American Society of Landscape Architects, Member Certified Irrigation Auditor 6 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 22 of 34 GLEN BROUWER, ASLA PARTNER Glen Brouwer joined Tributary LA in 2021 after closing his design firm, Integration Design Studio. He brings extensive experience in planning, design, and construction of a wide range of projects to our team. Glen’s projects include large community parks to smaller neighborhood parks, recreation centers, city streetscapes and model homes. He provides leadership and design skills needed to successfully manage diverse program requirements, construction budgets, plan and construction review and teams of consultants. Glen has managed and was an integral part of the design team for some of the most prestigious master planned communities in Southern CA. Projects include Sendero and Esencia for Rancho Mission Viejo Company and several multi-family projects for California Pacific Homes in Irvine. Amenities for these projects include gated entries, common area slopes and streetscapes, parks and recreation centers. He has also worked with the City of Dana Point on a number of new improvements, park and streetscape renovations, and is currently working with them on a connectivity project. Projects include the addition of planted medians on Pacific Coast Highway; the upgrade of Pacific Coast Highway and Del Prado downtown area; the renovation of Shipwreck Park and the renovation of the planted medians in Crown Valley Parkway. Glen also managed the Headlands Reserve project in Dana Point. This community includes three public parks with public art requirements, trail systems, habitat restoration and 125 ocean view lots. EDUCATION B.S. in Landscape Architecture, California State Polytechnic University, Pomona, 1988 PROFESSIONAL REGISTRATION I AFFILIATIONS California Licensed Landscape Architect, #3465 American Society of Landscape Architects, Member 7 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 23 of 34 KARI KIEHNAU, ASLA LANDSCAPE ARCHITECT Kari Kiehnau joined Tributary LA, Inc in June of 2021. Prior to that she was a major part of Integration Design Studio who she joined in June 2005, after graduating from University of Wisconsin with a bachelor’s degree in landscape architecture in 2003. Kari is also a licensed landscape architect. Kari is responsible for developing the design ideas and concepts and translating them into precise construction documents. She works closely with design team members of other consulting firms including architects, engineers, irrigation consultants, etc. and has a strong understanding of AutoCAD, Sketchup, InDesign, Illustrator, Photoshop, and other programs. As a Project Landscape Architect, Kari has managed projects that vary in size from single family residences to large master planned communities. She has developed plans for several master planned communities such as The Strand at Headlands that includes 3 public parks, private gated entries and large slope areas; Sendero and Esencia at Rancho Mission Viejo that include slopes and streetscapes. In addition to those projects, Kari has worked a number of park and streetscape improvements within the City of Dana Point, including the addition of planted medians on Pacific Coast Highway; the upgrade of Pacific Coast Highway and Del Prado downtown area; the renovation of Shipwreck Park and the renovation of the planted medians in Crown Valley Parkway. Karis is currently working on master plan documents and construction documents for a pair of new planning areas in Chula Vista. EDUCATION B.S. in Landscape Architecture, University of Wisconsin, Madison, 2003 PROFESSIONAL REGISTRATION I AFFILIATIONS California Licensed Landscape Architect, #5709 American Society of Landscape Architects, Member 8 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 24 of 34 ANDREW BROUWER, ASSISTANT LANDSCAPE ARCHITECT Andrew Brouwer joined Tributary LA, Inc in June 2021. Prior to that he was an essential part of Integration Design Studio where he worked for seven years, after working two years as an estimator for a large landscape construction company. Andrew graduated with a Bachelor of Landscape Architecture degree in 2012 from Cal Poly San Luis Obispo. Andrew is responsible for taking the design ideas and concepts and translating them into precise construction documents. He works closely with design team members of other consulting firms including architects, engineers, irrigation consultants, etc. and has a strong understanding of AutoCAD, Sketchup, Photoshop and other programs. As an Assistant Project Landscape Architect, Andrew has worked on several large apartment community renovations for Irvine Company including The Colony Newport Beach, The Villages Mission Valley, Torrey Hills, Torrey Villas, and Torrey Ridge. The projects included the renovation of large planted common areas, recreation areas, and project entries. Tasks included the site evaluation of plant material and hardscapes, producing evaluation plans and proposing solutions to the renovations to the internal design team. Using the design direction provided, Andrew produced precise construction drawings for the project. Andrew also has produced graphics and construction documents for several park and streetscape projects completed for the city of Dana Point. EDUCATION Bachelor of Landscape Architecture, California Polytechnic State University, San Luis Obispo 2012. 9 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 25 of 34 REFERENCES Corinne Crawford Director of New Community Development Powerstone Property Management ccrawford@powerstonepm.com (949) 508-1547 Rachel Garrett Regional Vice President Walters Management rgarrett@waltersmanagement.com (619) 591-7250 Matt Sinacori Public Works Director/City Engineer Public Works and Engineering Services City of Dana Point msinacori@danapoint.org (949) 248-3574 Jennifer Taylor Senior Director – Amenity and Landscape Design Rancho Mission Viejp jtaylor@ranchomv.com (949) 240-3363 Bill McKibbin Vice President of Development California Pacific Homes bmckibbin@calpacifichomes.com (949) 833-6104 Kent Aden Senior Vice President of Development Home Fed Corporation kaden@hfc-ca.com (760) 918-8200 10 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 26 of 34 COMPENSATION Our standard method of compensation for plan review services is a lump sum fee for each submittal. With the first submittal having a larger fee and the subsequent submittals having a lower fee. The plan review fees would be based on the project size and potential time required to review the plans. We generally are compensated at an hourly rate for meetings and on-site construction reviews. Our hourly rates are as follows: Partner $150.00/hr Project Landscape Architect $115.00/hr Assistant Project Landscape Architect $105.00/hr Production $85.00/hr Our reimbursable expenses are generally invoiced to the Client at cost plus 10%. The common reimbursable expenses are as follows: o Costs for photographic, xerographic, plotting, scanning and delivery services. o Express mailing, delivery, and/or shipping costs. 11 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 27 of 34 HAND-OFF Since Tributary LA, Inc and Glen Brouwer specifically has had several plan sets approved through the city, we feel we have a good working relationship with the current plan check contractor. We imagine the hand-off would be easily worked through. Our goal would be to meet with the current contractor to understand what systems he has in place for the plan check process and if those systems work well, we’d implement that in our office or look at changes as needed. We’d also discuss what stage each of the current plan checks are in and the process and the timing for each of these, so we can meet any current/future deadlines. Our hope would be that the current contractor would be available for some time after the hand-off for questions on the projects that were begun under his review. If there are any field inspections scheduled, we would do our best to accommodate those. 12 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 28 of 34 2725 Jefferson Street, Suite 14 Carlsbad, California 92008 Phone: (760) 434 -9300 Landscape Plan Check and Inspection Fees 12/04/2024 – 12/03 /2025 CONCEPT PLAN REVIEW FEES Submittal Fees Landscape Concept Plan Review Fees FIRST REVIEW – THIRD REVIEWS The fee covers up to 3 reviews. First Review $1,440 (1st - $650, 2nd – $500, 3rd – $290) Landscape Concept Plan Review Fees FOURTH AND SUBSEQUENT REVIEWS A fee is charged for the 4th and each subsequent review. Fourth Review $380 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 29 of 34 I I I I I I Updated 11/06/24 LANDSCAPE CONSTRUCTION DRAWING PLAN REVIEW FEES Submittal Fees Landscape Improvement Plan Check Fees FIRST REVIEW – THIRD REVIEWS Per estimated costs of improvements. The fee covers up to 3 reviews. $0 to $20,000 $1,385 $20,001 to $50,000 $1,710 $50,001 to $100,000 $2,240 $100,001 to $250,000 $3,550 $250,001 to $500,000 $3,940 $500,001 to $1,000,000 $4,460 $1,000,001 and over $6,700 Landscape Improvement Plan Check Fees FOURTH AND SUBSEQUENT REVIEWS Per estimated costs of improvements. A fee is charged for the 4th and each subsequent review. $0 to $20,000 $220 $20,001 to $50,000 $220 $50,001 to $100,000 $220 $100,001 to $250,000 $335 $250,001 to $500,000 $335 $500,001 to $1,000,000 $335 $1,000,001 and over $335 Note: Landscape inspection fees are also collected at time of initial submittal. Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 30 of 34 I I I I Updated 11/06/24 LANDSCAPE INSPECTION FEES Submittal Fees Landscape Inspection Fees (Occupancy) FIRST REVIEW – THIRD REVIEWS Per estimated costs of improvements. The fee covers up to 3 inspections. $0 to $20,000 $1,050 (1st - $470, 2nd – $360, 3rd – $220) $20,001 to $50,000 $1,050 (1st - $470, 2nd – $360, 3rd – $220) $50,001 to $100,000 $1,050 (1st - $470, 2nd – $360, 3rd – $220) $100,001 to $250,000 $1,200 (1st - $540, 2nd – $420, 3rd – $240) $250,001 to $750,000 $1,350 (1st - $605, 2nd – $470, 3rd – $275) $750,001 and over $1,350 (1st - $605, 2nd – $470, 3rd – $275) Landscape Inspection Fees (Occupancy) FOURTH AND SUBSEQUENT REVIEWS Per estimated costs of improvements. A fee is charged for the 4th and each subsequent review. $0 to $20,000 $300 $20,001 to $50,000 $300 $50,001 to $100,000 $300 $100,001 to $250,000 $300 $250,001 to $750,000 $450 $750,001 and over $450 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 31 of 34 I I I I Updated 11/06/24 CONSTRUCTION CHANGE REVIEW FEES Landscape Major Change Review Plan Check Fees FIRST REVIEW – THIRD REVIEWS The fee covers up to 3 reviews. Per Sheet Fee $230 Landscape Minor Change Review Plan Check Fees FIRST REVIEW – THIRD REVIEWS The fee covers up to 3 reviews. Per Sheet Fee $150 Landscape Major/Minor Review Plan Check Fees FOURTH AND SUBSEQUENT REVIEWS Per estimated costs of improvements A fee is charged for the 4th and each subsequent review. $0 to $20,000 $230 $20,001 to $50,000 $230 $50,001 to $100,000 $230 $100,001 to $250,000 $345 $250,001 to $500,000 $345 $500,001 to $1,000,000 $345 $1,000,001 and over $345 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 32 of 34 I I I I I I I Updated 11/06/24 AS-BUILT DRAWING PLAN REVIEW FEES Landscape Improvement Plan Check Fees FIRST REVIEW – THIRD REVIEWS Per estimated costs of improvements The fee covers up to 3 reviews. $0 to $20,000 $610 $20,001 to $50,000 $645 $50,001 to $100,000 $760 $100,001 to $250,000 $760 $250,001 to $500,000 $875 $500,001 to $1,000,000 $910 $1,000,001 and over $1,175 Landscape Improvement Plan Check Fees FOURTH AND SUBSEQUENT REVIEWS Per estimated costs of improvements. A fee is charged for the 4th and each subsequent review. $0 to $20,000 $115 $20,001 to $50,000 $115 $50,001 to $100,000 $115 $100,001 to $250,000 $115 $250,001 to $750,000 $150 $750,001 and over $150 Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 33 of 34 I I I I Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4 Dec. 5, 2024 Item #1 Page 34 of 34 CORPORAT(; R(;SOLUTION The undersigned members of Tributary LA, Inc, a California limited liability company hereby adopts the following resolution: Resolved: R(;SOLV(;D, that the President and Cf=O, Thomas Picard, hereby authorizes Glen Brouwer to execute, and sign on behalf of Tributary LA, Inc any and all contracts, agreements, documents, legal instruments, and other official papers necessary for the conduct of the Company's business, including entering into binding agreements, with the power to act alone in such matters. This consent may be executed in two or more counterparts, each of which shall be deemed an original, and all of which shall be deemed one instrument. IN WITN(;SS Wl-l(;R(;Of=, the undersigned members have duly executed this written consent and is effective as of November 13, 2024 Tom Picard President and Cf=O 2725 Jefferson Street, Suite 14 Carlsbad, California 92008 Phone: (760)434-9300