Loading...
HomeMy WebLinkAboutMELA Michael Elliott Landscape Architect; 2014-03-06; PEM1065A. PEM1065 RATIFICATION OF AGREEMENT FOR LANDSCAPE ARCHITECTURAL PLAN CHECK SERVICES (MELA - MICHAEL ELLIOTT LANDSCAPE ARCHITECT) jTHIS RATIFICATION OF AGREEMENT is made and entered into as of the & ^ay of , 2014, but effective as of the first day of September, 2013, by and between the CiTY OF CARLSBAD, a municipal corporation, ("City"), and MELA - MICHAEL ELLIOTT LANDSCAPE ARCHITECT, a sole proprietorship, ("Contractor"). RECITALS A. City requires the professional services of a landscape architect that is ;, experienced in plan check services. B. Contractor has the necessary experience in providing these professional •. services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. D. The Parties desire to ratify any scope of work already performed by the • Contractor without the benefit of this Agreement. 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 Exhibits "A", which is 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 one (1) year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be two thousand, one hundred sixty • nine dollars and thirty six cents ($2,169.36). 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 (10%) 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 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' City Attorney Approved Version 1 /30/13 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 professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating In the Best's Key Rating guide of at least 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", 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 mall. City will be named as an additional insured on General Liability which shali provide primary coverage to the City. 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. City Attorney Approved Version 1/30/13 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. 14. 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. CONTRACTOR MELA - MICHAEL ELLIOTT LANDSCAPE ARCHITECT, a sole proprietorship CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) Michael Elliott / Sole Proprietor (print name/title) By: (sign here) (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 ofthe 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: Assistant City Attorney City Attorney Approved Version 1 /30/13 EXHIBIT "A" SCOPE OF SERVICES The following is our proposed scope of services and fees for landscape plan check services for the City of Carisbad Fire Station #3: SCOPE OF SERVICES: A. Upon notification from the City of Carisbad that construction plans are ready for review, MELA will pick up plans at the City. Two sets of plans will be required. B. MELA will review the plans verifying consistency with City standards and specifications, and any other conditions of approval provided by the City. One set of plans will be red- lined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with City standards. Items not addressed in City standards but that are outside of profession norms will also be marked for explanations from the applicant. C. MELA will return plans and plan check comments to the City within two (2) weeks of receipt of the first submittal; one (1) week for second and third submittals. Plan check comments will also be provided via e-mail for use by the City. D. Once revisions have been resubmitted by the applicant, MELA will re-check the plans for conformance. Should all revisions have been made and all questions answered, the plans will be ready for approval. If all revisions are not completed, one set of revised plans will be red-lined again and comments made and returned to the applicant a second time for revisions. This process will continue until the plans are brought into conformance with City standards and professional norms. E. Other Tasks: MELA will provide other tasks as requested by the City. FEES: Plan Check Fees: Plan check fees will be per attached exhibit B. Sincerely, MELA Michael G. Elliott, Landscape Architect, No. 2011 attachments City Attorney Approved Version 1 /30/13 Exhibit "B" CITY OF CARLSBAD LANDSCAPE PLAN CHECK SERVICES MELA (Michael Elliott Landscape Architecture) will provide the following services: All plan reviews will include compliance with City requirements and adherence to professional standards of landscape architectural design. LANDSCAPE CONSTRUCTION DRAWING REVIEWS: Review of Construction Drawings at the following rate: Estimated Cost of Landscape Improvements $ 0 $ 20,000 $ 20,001 $ 50,000 $ 50,001 $ 100,000 $100,001 $250,000 $ 250,001 $ 500,000 $500,001 $1,000,000 $1,000,001 MELA Fees $715 $ 1,225 Fee Range 715 flat fee $ 1,225 fiat fee 60% of Landscape Plan Check Fees Collected $ 1,403* $ 1,853* 60% of Landscape Plan Check Fees Collected $ 2,128* $ 2,308* 60% of Landscape Pian Check Fees Collected $ 2,614* $ 2,839* 60% of Landscape Plan Check Fees Collected $ 3,193* $ 3,493* 60% of Landscape Plan Check Fees Collected $ 4,820* *City of Carisbad Landscape Plan Check Fee Schedule in effect 9/01/2012 Fees are for three reviews. Additional reviews will be charged at a rate of $ 175.00 each HOURLY RATE: Additional services that are requested by the City which are beyond the scope of work and services: $ 120.00 per hour City Attorney Approved Version 1 /30/13