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HomeMy WebLinkAboutDrummond Landscape; 2016-02-10; PEM1372PEM1372 AGREEMENT FOR COLE LIBRARY LANDSCAPE DESIGN CONSULTING SERVICES DRUMMOND LANDSCAPE (( THIS AGREEMENT is made and entered into as of the lD.,Yb day of 8 , 2016, by and between the CITY OF CARLSBAD, a municipal corporation, ("Cit "), and DRUMMOND LANDSCAPE, a sole proprietorship, ("Contractor"). RECITALS City requires the professional services of a landscape design consultant that is experienced in landscape design. Contractor has the necessary experience in providing these professional services, has submitted a proposal to 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 Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of sixty (60) days from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be two thousand six hundred dollars ($2,600). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (1 0%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 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. 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and City Attorney Approved Version 4/1/15 PEM1372 professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has 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, in an amount of not less than one million dollars ($1 ,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. 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 in all four categories. 8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 13. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. City Attorney Approved Version 4/1/15 2 PEM1372 EXHIBIT "A" SCOPE OF SERVICES Landscape design for designated areas at the Georgina Cole Library, located at 1250 Carlsbad Village Drive, Carlsbad, CA 92008; areas include: 1. Front planting areas on both sides of main entrance and partial area north of existing lawn area. 2. Existing lawn area along Carlsbad Village Drive-between parking lot driveways. Scope of Work • Provide preliminary planting scheme and ideas for comments and approval • Plants to be selected from approved City of Carlsbad plant list • Provide to scale plot plan which will include the following: -Hardscape call out and identification (concrete patio, boulders, cobblestones, etc. -Plant legend which includes: -Plant symbol -Botanical and common names of plants I trees -Quantity I size of each plant genus City of Carlsbad to provide a scale site plan suitable for proposed landscape plan. Inclusion: Meeting with landscape contractor prior to start of job; Final inspection. Exclusions: Elevations or grading plan; Irrigation plan. Bid Proposal Amount not to exceed: $2,600 City Attorney Approved Version 4/1/15 4