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MELA Michael Elliott Landscape Architect; 2015-03-11;
AMENDMENT NO. 3 TO AGREEMENT FOR LANDSCAPE PLAN REVIEW & INSPECTION SERVICES MELA (MICHAEL ELLIOTT LANDSCAPE ARCHITECT) This Am~nt No. 3 is entered into and effective as of the J.Dd2 day of ({YJ_c, ,I\ 1 , 2018, amending the agreement dated March 11, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and MELA (Michael Elliott Landscape Architect), a sole proprietor ("Contractor") (collectively, the "Parties") for landscape plan review and inspection services. RECITALS A. On March 11, 2015 the Parties executed an Agreement for landscape plan review and inspection services; and B. On November 5, 2015, the Parties executed Amendment No. 1 to the Agreement to increase the yearly amount by $100,000 for landscape plan review and inspection services, not to exceed $250,000; and C. On March 16, 2017, the Parties executed Amendment No. 2 to the Agreement to extend the Agreement's term for an additional one-year period, per the Term of the original Agreement; and D. The Parties desire to extend the Agreement's term for an additional one-year period, per the Term of the original Agreement. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement is amended to extend the original term for the second additional one-year period. 2. City will pay Contractor for all work associated with original Agreement on a time and materials basis not-to-exceed two hundred fifty thousand dollars ($250,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 5. The individuals executing this Amendment 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 Amendment. City Attorney Approved Version 9/27 /16 MELA (Michael Elliott Landscape Architect), sole proprietor CITY OF CARLSBAD, a municipal corporation of the State of California By 10-4 ([-.. ~\,~ -B-y: ~q--'------1'r-+-,f::.r-----=----- (sign here) ~KEVI WF hv1..,~\...: C::(" fi..k~1Ch4-eo'-~ity Manager (print name/title) 11 ~~, ATTEST: ~ ~LYYX< w l12ill1~11.L/,-,_v1_ BARBARA ENGLESON lJ By: (sign here) City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a 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: CELIA A. BREWER, City Attorney City Attorney Approved Version 9/27 /16 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ~1\. 'Z:), !jD On :frbv ~'"'\ '2.'Z. , Z.O Ii before me, _fu_._____,,."-'m=\.....~~--'--.i.0''-'"'5'~,;'---C.\'\--'--+----__,~......,..,.O"'-¼_,___--'-r'~-+--~~~u~~~~-=-~C..--=---- oate Here Insert N~me and Title ol the Officer personally appeared ___ l"\,______,_~\ C.._Y\~M~~\~--E~\~\~\crrt-=----+----------- Name(sJ of Signer(t) who proved to me on the basis of satisfactory evidence to be the person(~ whose name(fi) is/afe subscribed to the within instrument and acknowledged to me that he/~e/ttfey executed the same in his/lJerltt)eir authorized capacity(i~). and that by his/he/thtir signature(1) on the instrument the person(~. or the entity upon behalf of which the person(r) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature --{ • \~ ~ Signature of Notary Public ---------------oPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ = Partner -n Limited D General D Partner -D Limited D General [J Individual lJ Attorney in Fact D Individual lJ Attorney in Fact l_7 Trustee [J Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ 8/8/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Certificate Department NAME: Cavignac & Associates r.t)!?N,_t ~~•-619-744-0574 I Ff-,~··-. 619-234-8601 450 B Street, Suite 1800 ~*1n~~cc. certificates@cavignac.com San Diego CA 92101 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Travelers Property & Casualty Com pa 25674 INSURED MICHELL-01 INSURER B ,XL Specialty Company 37885 Michael Elliott, Landscape Architect INSURERC: 637 Arden Drive Encinitas, CA 92024 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 1307560447 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR c, POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMMIDD/YYYYl IMMIDD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY y y 6800H815005 8/9/2017 8/9/2018 EACH OCCURRENCE $1,000,000 -D CLAIMS-MADE us] OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 MED EXP (Any one person) $10,000 - PERSONAL & ADV INJURY $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ 0PRO-GJ LDC PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: Deductible $0 A AUTOMOBILE LIABILITY y y 6800H815005 8/9/2017 8/9/2018 /Ea acciden ;1s1NGLE LIMll $Included ./ - ANY AUTO BODIL y INJURY (Per person) $ -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ --NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ -X Incl in GL $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION I ~~fTuTE I I OTH- AND EMPLOYERS' LIABILITY ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below B Professional Liability DPS9808008 8/9/2016 8/9/2018 Each Claim $1,000,000 Aggregate $1,000,000 / DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured coverage applies to General and Automobile Liability for City of Carlsbad, its officers, employees and volunteers per policy form. Waiver of subrogation applies to General and Automobile Liability per policy form. Professional Liability -Claims made form, defense costs included within limit. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1635 Faraday Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE ") ~£ I L, © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6800H815005 / COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION 11 -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization: or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section Ill - Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requmng insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess. contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 0915 ©2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission POLICY-NUMBER: 6800H815005 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage'' occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract b. While that part of the written contract is in effect: and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 0915 Includes the copyrighted material of Insurance Services Office, Inc., with its permission AMENDMENT NO.£ TO AGREEMENT FOR LANDSCAPE PLAN REVIEW & INSPECTION SERVICES MELA (MICHAEL ELLIOTT LANDSCAPE ARCHITECT) Amen ment No. 2 is entered into and effective as of the /1 o/-1/t day of -:-:----.J~-f-1-~----:-L------~· 2017, amending the agreement dated Ma~015 (the "Agree nt") by and between the City of Carlsbad, a municipal corporation, ("City"), and MELA (Michael Elliott Landscape Architect), a sole proprietor, ("Contractor'') (collectively, the "Parties") for landscape plan review and inspection services. RECITALS A. On March 11, 2015 the Parties executed an Agreement for landscape plan review and inspection services; and, B. On November 5, 2015, the Parties executed Amendment No.1 to the Agreement to increase the yearly amount by $100,000 for landscape plan review and inspection services, not to exceed $250,000; and C. The Parties desire to extend the Agreement's term for an additional one- year period, per the Term of the original Agreement. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement is amended to increase the term of the original Agreement for one additional year. 2. All other provisions of the Agreement, as may have been amended from time-to- time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment 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 Amendment. CONTRACTOR By: (sign here) 1 CITY OF CARLSBAD, a municipal corporation of the State of California By: City Attorney Approved Version 9/27/16 \1,c..~ 4-E:..~"\\ ~Ar~~'-k~t:.:. (print name/title) J A~l1l!:CX ATTEST: (sign here) \IJJ~ffL~l~ BARBARA ENGLESON V By: City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a 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: CELIA A BREWER, C~ttorney / City Attorney Approved Version 9/27/16 2 AMENDMENT N0.1 TO THE AGREEMENT FOR LANDSCAPE PLAN REVIEW & INSPECTION SERVICES MELA (MICHAEL ELLIOTT LANDSCAPE ARCHITECT) t:r Amendment No. 1 is entered into and effective as of the S'Th day of ou·um~ '20 IS: amending the agreement dated March 11, 2015 by and between the City of Carlsbad, a municipal corporation, ("City"), and MELA (Michael Elliott Landscape Architect), sole proprietor, ('Contractor") {collectively, the "Parties") for landscape plan review and inspection services. RECITALS A. On March 11, 2015 the Parties executed an Agreement for landscape plan review and inspection services; and B. The Parties desire to amend the Agreement's scope of work to increase the yearly amount by $100,000 for landscape plan review and inspection services, not to exceed $250,000 per agreement year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement is amended to increase the not-to-exceed amount in paragraph 5 to $250,000 per agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. Ill /II Ill Ill Ill City Attorney Approved Version 1/30/13 q j CONTRACTOR: MELA (Michael Elliott Landscape Architect), Sole Proprietor CITY OF CARLSBAD, a municipal corporation of the State of California By: It)\ ({;fn h~-Jt By: ~1!, er Diro~or t11 t.-HAE::-L.-q. ~~'"l\, ~~~Aet-~'"C"~ (print name/title) 1 ATTEST: By: (sign here) City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a 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: CELIAA. BREWER, City Attorney BY: J()j2) cp Assistant City A~y City Attorney Approved Version 1/30/13 2 AGREEMENT FOR LANDSCAPE PLAN REVIEW & INSPECTION SERVICES MELA (MICHAEL ELLIOTT LANDSCAPE ARCHITECT) THIS AGREEMENT is made and entered into as of the ff--IA day of Marc/\ , 2015, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and MELA (Michael Elliott Landscape Architect), a sole proprietor, ("Contractor''). RECITALS A City requires the professional services of a landscape architect that 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 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 two years from the date from the date first above written. The City Manager may amend the Agreement to extend it for two additional one year periods or parts thereof in an amount not to exceed one hundred fifty thousand dollars $150,000 per Agreement year. Extensions will be based upon a satisfactory review of 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 will be one hundred fifty thousand dollars $150,000. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent ( 1 0%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 1/30/13 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 resuH 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. 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 indemnify and hold harmless the City and its officers, 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 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. 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 City Attorney Approved Version 1/30/13 2 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 Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 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. 1 0.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 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. 1 0.1.4 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. ~ 4-J.¥n\L...._· - City's Initials Contractor's Initials D If box is checked, Professional Liability Insurance requirement is waived. 1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 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 City Attorney Approved Version 1/30/13 3 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 anytime, 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 three (3) years from the date of final payment under this Agreement. 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 notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Michele Masterson Title Senior Management Analyst Department _C=-E=D..:..A..:.:d:.:..:m:..:.:i:.:..n ____ _ City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-4615 For Contractor Name Michael Elliott Title Sole Proprietor Address 637 Arden Drive Encinitas, CA 92024 Phone No. 760-944-1620 Email M ikeelliott2@cox. net 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 City Attorney Approved Version 1/30/13 4 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. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed offederal, 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. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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 (1 0) 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. 20. 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. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work 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. City Attorney Approved Version 1/30/13 5 21. 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. 22. 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. 23. JURISDICTIONS AND VENUE 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. 24. 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 or 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. 25. 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. 26. 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. City Attorney Approved Version 1/30/13 6 CONTRACTOR: MELA (MICHAEL ELLIOTT LANDSCAPE ARCHITECT) By: (sign here) Ji,u,~q. e:~'"~"=- (print name/title) ~1. By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By:~JH !J May~ If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a 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: CELIA A BREWER, City Attorney City Attorney Approved Version 1/30/13 7 . '· t . i • EXHIBIT"A" CITY OF CARLSBAD LANDSCAPE PLAN CHECK & INSPECTION SERVICES LANDSCAPE CONCEPTUAL PLAN REVIEW: $350 per review LANDSCAPE CONSTRUCTION DRAWING REVIEW: Estimated Cost of MELA Fees Fee Range Landscape Improvements $0 $ 20,000 $715 $ 715 flat fee $20,001 $ 50,000 $1,225 $ 1,225 flat fee $50,001 $ 100,000 60% of Fees Collected * $ 1,403 $ 1,853 $100,001 $ 250,000 60% of Fees Collected* $2,128 $2,308 $250,001 $ 500,000 60% of Fees Collected * $2,614 $2,839 $500,001 $1,000,000 60% of Fees Collected* $3,193 $3,493 $1,000,001 60% of Fees Collected * $4,820 *C1ty of Carlsbad Landscape Plan Check Fee Schedule m effect 9/01/2014 Landscape construction drawing review fees are for three reviews. Additional reviews beyond the 3rd will be charged at a rate of$ 175 each. INSPECTIONS: HOURLY RATE: $ 300 each for the first and second inspection. All subsequent inspections will be $ 250 Additional services that are requested by the City which are beyond the scope of work and services: $ 125 per hour \~- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SCAX~ D \·e.g, 0 On Feb. 5, 2-o I 6' before me, _.__~""+'--'--:...__.:::.........:::::.._.._.__-"---'--=+---'-0_o-\:........:....:o..--'-'Y--=-+_P_u_--'-~-"-l'-1.=-c.., Date Here Insert Name and Title of the 0 tcer personally appeared _ ____,_fv-'-'\ \'-"'. G:.....!\11'---!JaL.A.l..:e_,_l -~-=......:.\ _,_\ .:....::1. o±t:::.....L..: _____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/;lFe subscribed to the within instrument and acknowledged to me that he/she/tRey executed the same in his/ber!tb&lr authorized capacity(ifil$), and that by hisft.le"r/tbelr signature(S) on the instrument the person()ll, or the entity upon behalf of which the person{lq acted, executed the instrument. j-·~l.M.LLTs'l C .... II 2000211 ~ • Notary Public -California I J San Diego County ~ o o o o o f'J Soc::· ere. 0: Z.J'l1il Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~~O:!D nature of Notary Public -----------------------------oPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: _____________ _ 0 Other: ________________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" CITY OF CARLSBAD LANDSCAPE PLAN CHECK & INSPECTION SERVICES LANDSCAPE CONCEPTUAL PLAN REVIEW: $ 350 per review LANDSCAPE CONSTRUCTION DRAWING REVIEW: Estimated Cost of MELA Fees Fee Range Landscape Improvements $0 $ 20,000 $715 $ 715 flat fee $20,001 $ 50,000 $ 1,225 $ 1,225 flat fee $50,001 $ 100,000 60% of Fees Collected * $ 1,403 $ 1,853 $100,001 $ 250,000 60% of Fees Collected* $2,128 $2,308 $250,001 $ 500,000 60% of Fees Collected * $2,614 $2,839 $500,001 $1,000,000 60% of Fees Collected* $3,193 $3,493 $1,000,001 60% of Fees Collected * $4,820 *City of Carlsbad Landscape Plan Check Fee Schedule m effect 9/01/2014 Landscape construction drawing review fees are for three reviews. Additional reviews beyond the 3rd will be charged at a rate of$ 175 each. INSPECTIONS: HOURLY RATE: $ 300 each for the first and second inspection. All subsequent inspections will be $ 250 Additional services that are requested by the City which are beyond the scope of work and services: $ 125 per hour Proposal for City of Carlsbad Plan Check and Inspection Services January 12, 2015 Ms. Michele Masterson, Senior Management Analyst CITY OF CARLSBAD Community and Economic Development 1635 Faraday Avenue Carlsbad, CA 92008 Dear Ms. Masterson: Thank you for contacting me in regard to submitting a proposal for landscape plan check services for the City of Carlsbad. I have truly enjoyed working with the City over the last eight years and would welcome the opportunity to continue our relationship. My extensive experience in performing plan check and inspection services is demonstrated not only by the work I have performed for the City of Carlsbad but also by the services that I have provided to a number of other cities which are detailed in the attached proposal. I hope that I have the opportunity to continue working with you, as I have not only valued the work but have also truly enjoyed the pleasure of working with you all. I am uniquely qualified to meet your needs for three primary reasons: 1. Landscape Plan Check and Landscape Inspection Services is my sole occupation. It's my specialty, not a sideline. 2. I will personally perform the services so you will get the direct benefit of my extensive experience developed over the last 36 years as Licensed Landscape Architects. 3. I limit my workload to insure rapid response. Sincerely, Michael Elliott Landscape Architect Michael G. Elliott Landscape Architect# 2011 637 Arden Drive • Encinitas, CA. • (760) 944-1620 Extensive Plan Check Experience Currently our firm is providing landscape plan check and inspection services to the City of Vista, City of Solana Beach and the City of Carlsbad. We have been providing plan check consulting services to municipalities for the past 21 years and have focused our practice solely on this endeavor. Because of this we can provide a quality and responsiveness of service that no other firm can supply. We also provided plan check services to the City of Temecula for thirteen years(1993-2006) and the County of San Diego (1999-2000). Although we could have continued with both contracts if we had chosen to, it was our decision to not renew in order to lessen our workload to insure the quality of our service to the other cities. Approach We utilize a system for our plan checks which saves staff members time by formatting all comments so that they can be referenced from a key number on the plan and tied to typed written comments which we provide to staff members in both digital and hard copy format. In Vista, we are currently using Adobe Acrobat to provide redline plan notations as PDFs which allows all documents to be provided in digital format. If the City would prefer Bluebeam software be used, we have no problem in obtaining that software. We are very familiar with Carlsbad's Landscape Manual and the Water Efficient Landscape Ordinance, having worked with it for the last eight years and having assisted staff with the development of the current Water Efficient Landscape Ordinance and Landscape Manual. Rapid Turnaround We realize the importance of a quick turnaround and have made rapid response a top priority. Our average turnaround is approximately one week for plan checks, however, we have when requested completed rush projects with a same day turnaround. Inspections are normally scheduled within 48 hours of notice. We have been able to accommodate requests for rushes with same day notice. Pick-up and delivery of plans at the City will continue as requested. Please be assured that we will continue to intentionally limit our clients so that we are able to provide the highest quality service with rapid response and extreme responsiveness to your needs. No Conflicts We forgo any work with developers in Vista, Solana Beach and Carlsbad in order to assure complete impartiality. This allows us to function as a direct extension of the planning staff and assures that there is no possible conflict between the relationship which we develop with the planning staff and our personal design projects. Quality Assurance A field site analysis is performed on each project so that we are very knowledgeable of both on-site and off-site conditions. We analyze topography, adjacent properties, existing plant material on and off-site, street tree species, view considerations as well as where screening \~ would be desirable. In order to insure consistency and accuracy in our reviews, we utilize a check list which we have formulated in table format that lists all the City of Carlsbad's Landscape Manual requirements. Plans are systematically and methodically checked using this list in order to assure that no items are missed. Excellence in Design Your plans will be checked only by Michael or Pamela Elliott, both of whom have been licensed landscape architects practicing in Southern California for the last 31 years. Inspections will also only be performed by Michael or Pamela Elliott. Insurance We have never had a claim on our insurance, but we provide it for the security and protection of our clients. Our present insurance coverage is: Fees $1,000,000 $ 1,000,000 Professional Liability (Errors & Omissions) General and Auto Liability We are very willing to negotiate either a fixed hourly rate or a flat fee billing structure and are comfortable with continuing with our current fixed rate schedule which is as follows: CONCEPTUAL PLAN REVIEW: $350 per review CONSTRUCTION DRAWING REVIEW· Estimated of Landscape PELA Fees Fee Range Improvements $0 $ 20,000 $715 $ 715 flat fee $20,001 $ 50,000 $1,225 $ 1,225 flat fee $50,001 $ 100,000 60% of Fees Collected* $ 1,403 $1,853 $100,001 $ 250,000 60% of Fees Collected* $2,128 $2,308 $250,001 $ 500,000 60% of Fees Collected* $2,614 $2,839 $ 500,001 $1,000,000 60% of Fees Collected* $3,193 $3,493 $1,000,001 60% of Fees Collected* $4,820 *City of Carlsbad Landscape Plan Check Fee Schedule m effect 9/01/2012 Fees are for three reviews Additional reviews will be charged at a rate of$ 175 each INSPECTIONS: HOURLY RATE: $ 300 each for the first and second inspection All subsequent inspections will be $ 250 Additional services that are requested by the City which are beyond the scope of work and services: $ 125 per hour Past Plan Check Experience PROJECT City of Vista Plan Check Planting & Irrigation Vista, California Contact: John Conley (760-639-61 04) Robin Putnam (760-639-61 02) City of Solana Beach Plan Check Planting & Irrigation Solana Beach, California Contact: Wende Protzman (858-720-2439) City of Temecula Plan Check Planting & Irrigation Temecula, California Contact: Patrick Richardson (retired) Kevin Harrington (951-694-6480) County of San Diego Plan Check Planting & Irrigation San Diego County Contact: John Peterson (858-694-3820) City of Encinitas Plan Check Planting & Irrigation for Encinitas Ranch Encinitas, California City of Highland Plan Check Planting & Irrigation Highland, California City of Moreno Valley Plan Check Planting & Irrigation Moreno Valley, California CLIENT City of Vista Community Development Department P.O. Box 1988 Vista, California 92085 City of Solana Beach Community Development Department 635 South Highway 101 Solana Beach, California 92075 City of Temecula Planning & Community Services Departments P.O. Box 9033 Temecula, California 92589 County of San Diego Department of Planning & Land Use San Diego, CA City of Encinitas Planning Department Encinitas, California City of Highland Community Development Highland, California City of Moreno Valley Public Works Department Moreno Valley, California ,,-) MICHAEL G. ELLIOTT LICENSED LANDSCAPE ARCHITECT Mr. Elliott graduated from Louisiana State University and holds a Bachelor of Landscape Architecture degree. He is licensed to practice landscape architecture in California. In 1985, Mr. Elliott founded the firm of Elliott/Maloney which in a period of only a few years grew from a small two person office to a company which produced over a million dollars of work per year. Projects for Elliott/Maloney spanned both the private and public sectors with the specialty of the firm being parks and recreation facility design for municipalities. In 1990, after selling the firm, he formed PELA!The Elliott Group. His past work experience includes work on the following parks as principal in charge or project manager: Cactus Basin Park Virginia Avenue Park Castleview Park Chollas Canyon Mountain View Park Taft Park Oakcrest Park Jensen Alvarado Ranch Bordwell & La Sierra Park Glen Park Hunt Parks Corona Band Shell Viewpoint Park Reid Park Basin 'D' Park Grandview Park White Park Rawley Duntley Park Swami's Park Gordon Ranch Village Park 5th & "K" Park Guajome City Park Cardiff by the Sea Sports Park Tierra Bonita Park Bergamont Park Encinitas Athletic Park Centennial Park Andulka Park Boysen Park Bobby Bonds Park Castleview Park Fairmount Park Bryant Street Park Kit Carson Park Nichols Park Lime Street Park Monroe Park Chino Mountain Park Chino Hills Community Park Don Lorenzi Sports Park Carlson Park Summit Park Grand Avenue Park Thundersky Park Sycamore Park Mr. Elliott has also worked as a Park Planner for the City of Riverside Park and Recreation Department, where his responsibilities included park master planning, and large & small scale park design. This involved community group presentation, production of construction drawings and specs for both new installations and refurbishment projects, inspection, cost estimating, and plan checking for compliance with City standards. Mr. Elliott currently acts as the City of Carlsbad's contract Landscape Architect providing plan check and inspection services for commercial & residential projects. CAVIGNAC r:1ASSOCIATES INSURANCE BROKERS License No. OA99520 450 B Street, Suite 1800 San Diego, CA 92101-8005 Tel. 619.234.6848 • Fax 619.234.1239 • Web www.cavignac.com City of Carlsbad ATTN: Planning Department, Bridget Desmarais 1635 Faraday Avenue Carlsbad, CA, 92008 Feb 03,2015 Re: Michael Elliott, Landscape Architect To Whom It May Concern: Enclosed is a certificate of insurance, as requested. If you have questions or require changes, please contact our office via email (certificates@cavignac.com) or fax (619-234-1239). Please include a copy of the certificate with your request or reference ID number 304340. Sincerely, Cavignac & Associates Certificate Department certificates@cavignac.com 619-234-1239 (fax) cc: Michael Elliott, Landscape Architect -Certificate of Insurance Page 1 of 4