HomeMy WebLinkAbout1990-08-14; City Council; 10764; LANDSCAPE PLANCHECK CONSULTANTI
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ClBOF CARLSBAD - AGENWILL ,,/ - \
AB# /o!'ab '1 TITLE: DEP
MTG. v/ly lq3 LANDSCAPE PLANCHECK CONSULTANT CITY
DEPT. PLN CITY
RECOMMENDED ACTION:
ADOPT Resolution No,YkJ@(, APPROVING a contract for landscape and irrig
plan checking and inspection services.
ITEM EXPLANATION
On May 23, 1989, Council approved a contract with Lawrence Black and Assoc
for landscape plan checking and inspection services because staff expertise is lii
in this area and many homeowner groups have encountered problems with land'
design and installation.
To continue utilizing this firm's services requires that Council approve extendin
original agreement. However, In July, 1990, the City's standard contract fom
revised, and therefore, staff is requesting approval of a new contract rather th
extension of the original agreement.
The new contract will allow the City to use the Consultant's services, on an as-nc
basis for one year, and to extend the agreement for three additional one year pe
based on City needs and satisfactory performance. If the contract is extended
times, and it is then determined that the City is still in need of a landscape plan1
consultant, a request for proposal for landscape plancheck and inspection service
be distributed to local landscape architects.
FISCAL IMPACT
Funds are available in the Planning Department miscellaneous consultani
planning services accounts for landscape planchecking and inspection service
addition, 100% of consultant fees are recovered through the improvement
review and inspection fee schedule per Section 20.08.050 of the Carlsbad Mun
Code.
EXHIBITS
1. Resolution No. cl c c L > J
2. Consultant Agreement with Lawrence Black and Associates
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RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
WITH A LANDSCAPE PLANCHECK CONSULTANT.
WHEREAS, the City Manager recommends and City Cc
concurs that utilization of consultants is required to ai
City staff in order to maintain service levels; and
WHEREAS, the services of a landscape plan
consultant is necessary because staff expertise is limit
this area; and
WHEREAS, a satisfactory agreement has been negot
with Lawrence Black and Associates.
NOW, THEREFORE, BE IT RESOLVED by the City Counc
the City of Carlsbad, California, as follows:
1. That the above recitations are true and corr
2. That the City Council hereby authorizes the
to execute a plan check agreement with Lawrence Blac:
Associates.
PASSED, APPROVED AND ADOPTED at a regular meet;
da the City Council of the City of Carlsbad on the 14th
August , 1990, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Mamaux, ar
NOES: None*
ABSENT : None *
ATTEST:
ALETHA L. RAUTENKRANZ, City Cbrk
(SEAL)
m @ $'
AGREEMENT
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THIS AGREEMENT, made and entered into as of the / -'-day
,' , ,:k ,L' , 1990, by and between the CITY OF CARLSBAD
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municipal corporation, hereinafter referred to as ltCitytt,
LAWRENCE BLACK AND ASSOCIATES, hereinafter referred to
"CONSULTANT".
RECITALS
City requires the services of consultant to provide landsc
and irrigation plan checking and inspection services for vari
approved public and private development projects; and CONSUL7
possesses the necessary skills and qualifications to provide
services required by the City;
NOW, THEREFORE, in consideration of these recitals and
mutual covenants contained herein, City and CONSULTANT agree
follows!
1. CONSULTANT'S OBLIGATIONS
Plan Check
A. Under the general direction of the Planning Departmc
review plans for conformance with project conditions
approval and City standards including the Cit
Landscape Guidelines Manual and coordinate approval TE
other departments.
B. Transmit check prints to and from City until approvc
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C. Sign plans as complete and meeting City standards ax
conditions of approval and approve final cost estimate
D. Assist the Engineering Department in preparing standai
agreement package, including security package.
E. Attend pre-construction meeting.
F. Review construction changes, plan revisions, ai
construction conflicts.
G. Review as-built drawings for approval.
H. The consultant shall coordinate with the work as l
extension of City staff. All plan checking shall be dol
at the City in the Community Development Department. TI
consultant shall not, however, be considered a Ci.
employee or agent of the City.
Inspection
A. Attend pre-construction meeting and any subseque
meetings as necessary.
Inspection for the purposes of this agreement shall me
that the CONSULTANT shall visually verify at the proje
site that the approved plans and specifications have be
implemented. The CONSULTANT will not be required t
measure thicknesses of irrigation piping, verify chemic
ingredients of irrigation piping, conduct psi ratings
B.
slump tests for concrete work at 28 days, verify 9
compaction of soils, conduct horticultural soil testin
and land surveying to verify grades or invert grades.
C. Inspect project through completion for compliance wi
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City standards and conditions of approval, includi
preparation of a punch list, and review and approval
as-built plans.
D. The CONSULTANT shall supply the inspector with
appropriate inspection vehicle.
E. The CONSULTANT will ensure that each inspector
equipped with appropriate safety attire.
F. The CONSULTANT will be responsible for preparing a
submitting to the City for approval, a weekly schedu
for the inspector outlining the project assignments a
estimated hours for each project. The schedule sha
take into consideration vacation time and t
substitution of replacement personnel. At the end
each week, the schedule shall be completed by noting t
actual hours worked on each project.
2. CITY OBLIGATIONS
A. The City shall provide working area at the Las Palrr
Drive building and City Standards, Ordinances, Polici
and direction in implementation of plan review.
Nothing in this agreement shall be construed to obliga
City to provide any work to the CONSULTANT. Ci
reserves the right, at its sole discretion, to assi
plans for checking to CONSULTANT, to perform plan chec
with its own forces or to assign plans for checking
another consulting firm.
B.
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3. PROGRESS AND COMPLETION
The work under this Agreement will begin immediately up
approval. The CONSULTANT will work on an l'as-neededll bas
depending on the amount and type of work that the City wish
to assign to him.
The performance of services by CONSULTANT shall not relic
CONSULTANT from any obligation to correct any incomplet
inaccurate or defective work at no further cost to CITY, wl-
such inaccuracies are due to the negligence of CONSULTAh
provided such work has not been accepted in writing by CII.
4. FEES TO BE PAID TO CONSULTANT
The fee payable according to Paragraph 6, llPayrnent of Fees
shall be at the rate of fifty dollars ($50.00) per hour f
Principal and thirty dollars ($30.00) per hour for Landsca
Technician. No other compensation for services will
allowed except those items covered by supplemental agreemer
per Paragraph 7, "Changes in Work.ll
5. DURATION OF CONTRACT
This agreement shall extend for a period of 1 year from dz
thereof. The contract may be extended for 3 additional c
(1) year periods or parts thereof, based upon satisfactc
performance and the City's needs.
6. PAYMENT OF FEES
Payment of fees shall be within thirty (30) days afl
approval of the final documents.
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7. CHANGES IN WORK
If, in the course of the contract, changes seem merited by th
CONSULTANT or the City, and informal consultations with th
other party indicate that a change in the conditions of tk
contract is warranted, the CONSULTANT or the City may reques
a change in contract. Such changes shall be processed by tk
City in the following manner: A letter outlining the requirc
changes shall be forwarded to the City by CONSULTANT to infox
them of the proposed changes along with a statement c
estimated changes in charges or time schedule. A supplement:
agreement shall be prepared by the City and approved by tk
City according to the procedures described in Carlsbi
Municipal Code Section 3.28.172. Such supplemental agreemer
shall not render ineffective or invalidate unaffected portior
of the agreement.
8. DESIGN STANDARDS
The CONSULTANT shall review the plans and specifications 1
accordance with the design standards of the City of Carlsbi
and recognized current design practices. Applicable City (
Carlsbad Standards and Regional Standards shall be used whe:
appropriate. Copies of such standards shall be obtained frc
the City of Carlsbad.
9. COVENANTS AGAINST CONTINGENT FEES
The CONSULTANT warrants that their firm has not employed 1
retained any company or person, other than a bona fil
employee working for the CONSULTANT, to solicit or secure th
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agreement, and that CONSULTANT has not paid or agreed to p:
any company or person, other than a bona fide employee, ai
fee, commission, percentage, brokerage fee, gift, or any othc
consideration contingent upon, or resulting from, the award (
making of this agreement. For breach or violation of th
warranty, the City shall have the right to annul th
agreement without liability, or, in its discretion, to dedu
from the agreement price or consideration, or otherwi
recover, the full amount of such fee, commission, percentag
brokerage fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The CONSULTANT shall comply with the state and federal la
regarding nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the CONSULTANT'S failure to prosecut
deliver, or perform the work as provided for in this contrac
the City may terminate this contract for nonperformance
notifying the CONSULTANT by certified mail of the termhati
of the Contract. The CONSULTANT, thereupon, has five (
working days to deliver said documents owned by the City a
all work in progress to the City Planning Director. The Ci
Planning Director shall make a determination of fact bas
upon the documents delivered to City of the percentage of wc
which the CONSULTANT has performed which is usable and
worth to the City in having the contract completed. Bas
upon that finding as reported to the City Manager, the Mana!
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shall determine the final payment of the contract.
12. DISPUTES
If a dispute should arise regarding the performance of wo
under this agreement, the following procedure shall be used
resolve any question of fact or interpretation not otherwi
settled by agreement between parties. Such questions,
they become identified as a part of a dispute among perso
operating under the provisions of this contract, shall
reduced to writing by the principal of the CONSULTANT or t
City Planning Director. A copy of such documented dispu
shall be forwarded to both parties involved along wi
recommended methods of resolution which would be of benefit
both parties. The City Planning Director or princip
receiving the letter shall reply to the letter along with
recommended method of resolution within ten (10) days. If t
resolution thus obtained is unsatisfactory to the aggriev
party, a letter outlining the dispute shall be forwarded
the City Council for their resolution through the Office
the City Manager. The City Council may then opt to consic
the directed solution to the problem. In such cases, t
action of the City Council shall be binding upon the partj
involved, although nothing in this procedure shall prohil:
the parties seeking remedies available to them at law.
13. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party uy
tendering thirty (30) days written notice to the other part
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In the event of such suspension or termination, upon reque!
of the City, the CONSULTANT shall assemble the work produl
and put same in order for proper filing and closing a
deliver said product to City. In the event of terminatio
the CONSULTANT shall be paid for work performed to t
termination date: however, the total shall not exceed t
guaranteed total maximum. The City shall make the fin
determination as to the portions of tasks completed and t
compensation to be made.
14. STATUS OF THE CONSULTANT
The CONSULTANT shall perform the services provided for here
in CONSULTANT'S own way as an independent contractor and
pursuit of CONSULTANT'S independent calling, and not as
employee of the City. CONSULTANT shall be under control
the City only as to the result to be accomplished, but sha
consult with the City as provided for in the request f
proposal.
The CONSULTANT is an independent contractor of the City. T
payment made to the CONSULTANT pursuant to the contract sha
be the full and complete compensation to which the CONSULTA
is entitled. The City shall not make any federal or state t
withholdings on behalf of the CONSULTANT. The City shall n
be required to pay any workers' compensation insurance
behalf of the CONSULTANT. The CONSULTANT agrees to indemni
the City for any tax, retirement contribution, soci
security, overtime payment, or workers' compensation payme
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which the City may be required to make on behalf of t
CONSULTANT or any employee of the CONSULTANT for work dc
under this agreement.
The CONSULTANT ghall be aware of khe requirements of t
Immigration Reform and Control Act of 1986 and shall comr
with those requirements, including, but not limited t
verifying the eligibility for employment of all agent
employees, subcontractors and consultants that are included
this agreement.
15. CONFORMITY TO LEGAL REOUXREMENTS
The CONSULTANT shall cause all drawings and specifications
conform to all applicable requirements of law: federal, sta
and local. CONSULTANT shall provide all necessary SUppOrti
documents, to be filed with any agencies whose approval
necessary.
The City will provide copies of the approved plans to a
other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, a
specifications as herein required are the property of t
City, whether the work for which they are made be executed
not. In the event this contract is terminated, all document
plans, specifications, drawings, reports, and studies shall1
delivered forthwith to the City. CONSULTANT shall have tl
right to make one (1) copy of the plans for his/her record!
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17. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable fc
any claims, liabilities, penalties, fines, or any damage '
goods, properties, or effects of any person whatever, not fc
personal injuries or death caused by, or claimed to have bec
caused by, or resulting from, any intentional or neglige1
acts, errors or omission of CONSULTANT or CONSULTANT'S agent:
employees, or representatives. CONSULTANT agrees to defenc
indemnify, and save free and harmless the City and il
officers and employees against any of the foregoii
liabilities or claims of any kind and any cost and expen:
that is incurred by the City on account of any of tk
foregoing liabilities, including liabilities or claims t:
reason of alleged defects in any plans and specifications.
18. ASSIGNMENT OF CONTRACT
The CONSULTANT shall not assign this contract or any par
thereof or any monies due thereunder without the prior writtc
consent of the City.
19. SUBCONTRACTING
If the CONSULTANT shall subcontract any of the work to k
performed under this contract by the CONSULTANT, CONSULTAN
shall be fully responsible to the City for the acts an
omissions of CONSULTANT'S subcontractor and of the person
either directly or indirectly employed by the subcontractor
as CONSULTANT is for the acts and omissions of person
directly employed by consultant. Nothing contained in thi
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contract shall create any contractual relationship between an!
subcontractor of CONSULTANT and the City. The CONSULTAN'
shall bind every subcontractor and every subcontractor of
subcontractor by the terms of this contract applicable t
CONSULTANT'S work unless specifically noted to the contrary i
the subcontract in question approved in writing by the Citj
20. PROHIBITED INTEREST
No official of the City who is authorized in such capacity c
behalf of the City to negotiate, make, accept, or approve, c
take part in negotiating, making, accepting, or approving t
this agreement, shall become directly or indirectly interest4
personally in this contract or in any part thereof. 1
officer or employee of the City who is authorized in su
capacity and on behalf of the City to exercise any executiv
supervisory, or similar functions in connection with t
performance of this contract shall become directly
indirectly interested personally in this contract or any pa
thereof.
21. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, ager
or employee of the City, either before, during or after *
execution of this contract, shall affect or modify any of i
terms or obligations herein contained nor entitle .
CONSULTANT to any additional payment whatsoever under
terms of this contract.
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22. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmle:
Agreement, 'I all terms, conditions, and provisions hereof sha:
insure to and shall bind each of the parties hereto, and ea(
of their respective heirs, executors, administrator!
successors, and assigns.
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and ye;
first above written.
24. CONFLICT OF INTEREST
The CONSULTANT shall file a Conflict of Interest Statemei
with the City Clerk in accordance with the requirements of tl
City of Carlsbad Conflict of Interest Code. The CONSULTAI
shall report investments or interests in real property.
25. INSURANCE
The CONSULTANT shall obtain and maintain policies of generi
liability insurance, automobile liability insurance, and
combined policy of worker's compensation and employe
liability insurance from an insurance company authorizedto (
business in the State of California which meets tl
requirements of City Council Resolution No. 90-96 in (
insurable amount of not less than one million dolla
($1,000,000) each, unless a lower amount is approved by t
City Attorney or the City Manager.
force during the life of this agreement and shall not be
This insurance shall be
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canceled without thirty (30) days prior written notice to thc
City sent by certified mail.
The City shall be named as an additional insured on thesc
policies. The Consultant shall furnish certificates oj
insurance to the City before commencement of work.
Executed by CONSULTANT this /?' day of dd 7 , 1990.
CONSULTANT :
L&JPdl;lCC n/4cfid $4ssw&5
(Name of Consultant)
By: L- .d -4J ATTEST: (Sign Here)
LL&UWaLC Bl7& -
O&W/ S{e Pmp7+%
(Print Name Here) ALETHA L. RAUTENKRANZ 1 City Clerk
(Title & O'rganizatidn of
Signatory)
(Proper notarial acknowledgment of execution by CONSULTANT must bi attached.)
(President or vice-president and secretary or assistant secretar. must sign for corporations. If only one officer signs, thl
corporation must attach a resolution certified by the secretary o assistant secretary under corporate seal empowering that officer tl bind the corporation.)
APPROVED AS TO FORM:
d .*SFATE : OF CALIFORN~ ) ) ss. a
COUNTY OF SAN DIEGO 1
On this nineteenth day of July, in the year of 191 before me, the undersigned, a Notary Public in and for said Cour
and State, personally appeared Lawrence Black, known to me
proved to me on the basis of satisfactory evidence) to be the s(
proprietor of Lawrence Black and Associates, that executed 1
within instrument.
WITNESS my hand and official seal.
ShN DIEGO COUKpl My comrn. expires SEP 25, 199
Notary Public in and for said County and State