HomeMy WebLinkAbout1994-01-04; City Council; 12520; Landscape Plancheck Consultant1
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WY OF CARLSBAD - AGWDA BILL i
AB ' ": 5 E D TITLE: LANDSCAPE PLANCHECK CONSULTANT DEI
CIl DEPT.
RECOMMENDED ACTION:
MTG. 1-q-q'i CIl PLN
ADOPT Resolution No. '1 'f - /
planchecking and inspection services.
ITEM EXPLANATION
On May 23, 1989, Council approved a contract with Lawrence Black and Assoc
landscape planchecking and inspection services because staff expertise is limite
area and many homeowner groups have encountered problems with landscape de
installation. The original contract was for one year, and allowed for three additi
year extensions.
The new contract also allows the City to use the Consultant's services, on an a
basis for one year, and to extend the agreement for three additional one yea]
based on City needs and satisfactory performance.
FISCAL IMPACT
Funds are available in the Planning Department miscellaneous consultant and
se-ces accounts for landscape plancheckhg and inspection se-ces. In additic
of consultant fees are recovered through the improvement plan review and inspe
schedule per Section 20.08.050 of the Carlsbad Municipal Code.
EXHIBITS
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2.
, APPROVING a contract for landscape and i
City Council Resolution No. 9 4- 1
Consultant Agreement with Lawrence Black and Associates
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RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING A AGREEMENT FOR LANDSCAPING PLANCHECK CONSULTIN
SERVICES TO THE CITY
WHEREAS, the City Council has determined that it is des
and necessary to retain the consulting services of a lan
plancheck consultant.
NOW, THEREFORE BE IT RESOLVED, by the City Council
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby authorizes the Ma
execute an agreement with Lawrence Black and Associati
landscape plancheck consulting.
3. That funds are available in the Planning Dep:
budget.
PASSED, APPROVED AND ADOPTED at a regular meeting of tl
Council of the City of Carlsbad, California, on the 4th
January , 1994 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard and Fi I
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NOES: None
ABSENT: None
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ATTEST:
& LUT.t-ierk
(SEAL)
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AGREEMENT
THIS AGREEMENT, made and entered into as of the 5 -t./l day of FfiiU
, 193 by and between the CITY OF CARLSBAD, a municipal corpor
hereinafter referred to as "City", and LAWRENCE BLACK AND ASSOCIATES, hereii
referred to as "Consultant".
RECITALS
City requires the services of a landscape consultant to provide landscapc
irrigation plan checking and inspection services for various approved public and p
development projects; and Consultant possesses the necessary skills and qualificatic
provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual cove
contained herein, City and Consultant agree as follows:
7. CONSULTANTS OBLIGATIONS
A. Review plans for conformance with project conditions of approval anr
standards including the City's Landscape Manual and coordinate apI
with other departments.
Transmit check prints to and from City until approved.
Attest plans as complete and meeting City standards and conditic
approval and approve final cost estimate.
B.
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D. Coordinate with Engineering Department in preparing standard agreem
package, including security package.
Attend pre-construction meetings related to landscape services.
Review construction changes, plan revisions, and construction conflicts.
Review as-built drawings for approval.
E.
F.
G.
Inspec tion
A. Attend pre-construction meeting and any subsequent meetings related
landscape inspection services.
Inspection for the purposes of this agreement shall mean that the Consult
shall visually verify at the project site that the approved plans (
specifications have been implemented. The Consultant will not be requi
to: measure thicknesses of irrigation piping, verify chemical ingredient!
irrigation piping, conduct psi ratings or slump tests for concrete work at
days, verify 90% compaction of soils, conduct horticultural soil testing,
land surveying to verify grades or invert grades.
Inspect project through completion for compliance with City standards
conditions of approval, including preparation of a punch list, and review
approval of as-built plans.
The Consultant shall supply an inspector and be responsible for appropr
transportation needs of his own employee.
The Consultant shall ensure that each inspector is equipped with appropr
safety attire.
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2. CITY OBLIGATIONS
A. The City shall provide City Standards, Ordinances, and Policies
Consultant's review in implementation of plan review.
Nothing in this agreement shall be construed to obligate the City to pro\
any work to the Consultant. City reserves the right, at its sole discretion
assign plans for checking to Consultant, to perform plan checks with its c
forces or to assign plans for checking to another consulting firm.
B.
3. PROGRESS AND COMPLETION
The work under this contract will begin immediately upon approval. The Consult
will work on an "as-needed'' basis depending on the amount and type of work that the (
wishes to assign to him. The performance of services by Consultant shall not reli
Consultant from any obligation to correct any incomplete, inaccurate or defective worl
no further cost to City, when such inaccuracies are due to the negligence of Consulta
provided such work has not been accepted in writing by City.
4. FEES TO BE PAtD TO CONSULTANT
The fee payable according to Paragraph 6, "Payment of Fees," shall not excc
$95,000 annually. The hourly rate shall be $50.00 for the first four (4) hours of each (
and $30.00 per hour for the balance of the day; and $20.00 per hour for Landscz
Technician or Inspector. No other compensation for services will be allowed except thc
items covered by supplemental agreements per Paragraph 7, "Changes in Work."
5. DURATION OF CONTRACX
This agreement shall extend for a period of 1 year from date thereof from d,
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thereof. The contract may be extended for 3 additional one (1) year periods or p
thereof, based upon satisfactory performance and the City’s needs, with approval by
City Manager.
6. PAYMENT OF FEES
Payment of fees shall be within thirty (30) days after submittal and approva
invoice.
7. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Consultant or the (
and informal consultations with the other party indicate that a change in the conditi
of the contract is warranted, the Consultant or the City may request a change in contr
Such changes shall be processed by the City in the following manner: A letter outlir
the required changes shall be forwarded to the City by Consultant to inform them of
proposed changes along with a statement of estimated changes in charges or time sched
A supplemental agreement shall be prepared by the City and approved by the City Man:
or his designee according to the procedures described in Carlsbad Municipal Code Sec
3.28.1 72. Such supplemental agreement shall not render ineffective or invalic
unaffected portions of the agreement.
8. DESIGN STANDARDS
The Consultant shall review the plans and specifications in accordance with
design standards of the City of Carlsbad and recognized current design practi
Applicable City of Carlsbad Standards and Regional Standards shall be used wl
appropriate. Copies of such standards shall be obtained from the City of Carlsbad.
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9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any camp(
or person, other than a bona fide employee working for the Consultant, to solicit or sec
this agreement, and that Consultant has not paid or agreed to pay any company or per:
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift.
any other consideration contingent upon, or resulting from, the award or making of 1
agreement. For breach or violation of this warranty, the City shall have the right to an
this agreement without liability, or, in its discretion, to deduct from the agreement PI
or consideration, or otherwise recover, the full amount of such fee, commissi
percentage, brokerage fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws regard
nondiscrimination.
11. TERMINATION OF CONTRAn
In the event of the Consultant’s failure to prosecute, deliver, or perform the wl
as provided for in this contract, the City may terminate this contract for nonperformai
by notifymg the Consultant by certified mail of the termination of the Consultant. 7
Consultant, thereupon, has five (5) working days to deliver said documents owned by 1
City and all work in progress to the City Planning Director. The City Planning Direct
shall make a determination of fact based upon the documents delivered to City of
percentage of work which the Consultant has performed which is usable and of worth
the City in having the contract completed. Based upon that finding as reported to the C
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Manager, the Manager shall determine the final payment of the contract.
12. DISPUTES
If a dispute should arise regarding the performance of work under this agreemf
the following procedure shall be used to resolve any question of fact or interpretation
otherwise settled by agreement between parties. Such questions, if they become identij
as a part of a dispute among persons operating under the provisions of this contract, sl-
be reduced to writing by the principal of the Consultant or the City Planning Director.
copy of such documented dispute shall be forwarded to both parties involved along tlr
recommended methods of resolution which would be of benefit to both parties. The C
Planning Director or principal receiving the letter shall reply to the letter along wit1
recommended method of resolution within ten (10) days. If the resolution thus obtair
is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarc
to the City Council for their resolution through the Office of the City Manager. The C
Council may then opt to consider the directed solution to the problem. In such cases, 1
action of the City Council shall be binding upon the parties involved, although nothing
this procedure shall prohibit the parties seeking remedies available to them at law.
13. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering thirty (30) di
written notice to the other party. In the event of such suspension or termination, u~
request of the City, the Consultant shall assemble the work product and put same in or(
for proper filing and closing and deliver said product to City. In the event of terminatic
the Consultant shall be paid for work performed to the termination date; however, the to
shall not exceed the lump sum fee payable under paragraph 4. The City shall make i
final determination as to the portions of tasks completed and the compensation to be ma
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14. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Consultant’s o
way as an independent contractor and in pursuit of Consultant’s independent calling, :
not as an employee of the City. Consultant shall be under control of the City only a:
the result to be accomplished, but shall consult with the City as provided for in the reqi
for proposal. Persons retained by the Consultant providing services under this agreem
shall not be considered employees of the City for any purposes whatsoever.
The Consultant is an independent contractor of the City. The payment made to
Consultant pursuant to the contract shall be the full and complete compensation to wh
the Consultant is entitled. The City shall not make any federal or state tax withholdi
on behalf of the Consultant or his employees or sub-contractors, The City shall not
required to pay any workers’ compensation insurance or unemployment contributions
behalf of the Consultant or his employees or sub-contractors. The Consultant agrees
indemnify the City for any tax, retirement contribution, social security, overtime payme
unemployment compensation, or workers’ compensation payment which the City may
required to make on behalf of the Consultant or any employee of the Consultant for WI
done under this agreement.
The Consultant shall be aware of the requirements of the Immigration Reform i
Control Act of 1986 and shall comply with those requirements, including, but not limi
to, verifylng the eligibility for employment of all agents, employees, subcontractors a
consultants that are included in this agreement.
15. CONFORMITY TO LEGAL, REQUIREMENTS
The Consultant shall cause all drawings and specifications to conform to
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applicable requirements of law: federal, state and local. Consultant shall provide
necessary supporting documents, to be filed with any agencies whose approval is necessi
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein requi
are the property of the City, whether the work for which they are made be executed or I
In the event this contract is terminated, all documents, plans, specifications, drawir
reports, and studies shall be delivered forthwith to the City. Consultant shall have
right to make one (1) copy of the plans for his/her records,
17. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilit
penalties, fines, or any damage to goods, properties, or effects of any person whatever,
for personal injuries or death caused by, or resulting from, any intentional or neglig
acts, errors or omissions of Consultant or Consultant’s agents, employees,
representatives. Consultant agrees to defend, indemnify, and save free and harmless
City and its officers and employees against any of the foregoing claims, liabilities, penal
or fines, including liabilities or claims by reason of alleged defects in any plans
specifications, and any cost, expense or attorney’s fees which are incurred by the City
account of any of the foregoing.
18. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part thereof or any monies
thereunder without the prior written consent of the City.
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19. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be performed under t
contract by the Consultant, Consultant shall be fully responsible to the City for the acts i
omissions of Consultant’s subcontractor and of the persons either directly or indirec
employed by the subcontractor, as Consultant is for the acts and omissions of persc
directly employed by consultant. Nothing contained in this contract shall create t
contractual relationship between any subcontractor of Consultant and the City. 7
Consultant shall bind every subcontractor and every subcontractor of a subcontractor
the terms of this contract applicable to Consultant’s work unless specifically noted to
contrary in the subcontract in question approved in writing by the City.
20. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the Citg
negotiate, make, accept, or approve, or take part in negotiating, making, accepting,
approving of this agreement, shall become directly or indirectly interested personally in 1
contract or in any part thereof. No officer or employee of the City who is authorizec
such capacity and on behalf of the City to exercise any executive, supervisory, or sim
functions in connection with the performance of this contract shall become directly
indirectly interested personally in this contract or any part thereof.
21. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of
City, either before, during or after the execution of this contract, shall affect or modify
of the terms or obligations herein contained nor entitle the Consultant to any additic
payment whatsoever under the terms of this contract.
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22. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 17, "Hold Harmless Agreement," all ten
conditions, and provisions hereof shall insure to and shall bind each of the parties here
and each of their respective heirs, executors, administrators, successors, and assigns.
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written abo
24. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and
City's conflict of interest code, that the Consultant will not be required to file a conflicl
interest statement as a requirement of this agreement. However, Consultant her(
acknowledges that Consultant has the legal responsibility for complying with the Politj
Reform Act and nothing in this agreement releases Consultant from this responsibilit)
25. INSURANCE
The Consultant shall obtain and maintain policies of general liability insuran
automobile liability insurance, and a combined policy of worker's compensation :
employers liability insurance from an insurance company authorized to do business in
State of California which meets the requirements of City Council Resolution No. 91-~
in an insurable amount of not less than one million dollars ($1,000,000) each, unle5
lower amount is approved by the City Attorney or the City Manager. This insurance SI
be in force during the life of this agreement and shall not be canceled without thirty (
days prior written notice to the City sent by certified mail.
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The City shall be named as an additional insured on these policies. The Consu
sha11 furnish certificates Of insurance to the City before commencement of work.
Executed by Consultant this day of ?I
CONSULTANT: CITY OF CARLSBAD, a municipal
corporation of the State of California
LAWRENCE BLACK AND ASSOCIATES
By:
CLAUDE A. LEWIS, Mayor
By:LLzCJLul& /fJ &
(sign here) . ----
I }ss. STATE OF CALIFORNIA COUNTY OF 2SAU nl wa } z m before me, ccm \A &LLE(2rnd D On 11- \2=% E,
a, personally appeared FI ?j 5 p :
LA\A)RElUT.E cRL4C-k 0
personally known to me (Or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 1~1~ ~b~rlbed to the wlthln
,nstrument and ackno,,+dged to me that he/skeltkey executed the same in hdherfH4eKauthorlzed capaclWes), c
h the sttached
- corpora - 7 the sec
to binc
RONALD R. BALL
City Attorney
, diL--b&
BY I Deputy City Attorney
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The City shall be named as an additional insured on these policies. The Cons
shall furnish certificates of insurance to the City before commencement of work.
Executed by Consultant this / 2& day of NOVQMGeP- >
CONSULTANT: CITY OF CARLSBAD, a municipal
corporation of the State of California
LAWRENCE BLACK AND ASSOCIATES
B
By:/-& M &
(sign here)
ATTEST: Lmw Le ~/a&
(print name here) ou4zv &t%L 4,-
(title and organization of signatory) ALETHA L. RAUTENKRANZ
City Clerk
(Proper notarial acknowledgment of execution by CONSULTANT must be attache(
(President or vice-president and secretary or assistant secretary must sign for corpor
If only one officer signs, the corporation must attach a resolution certified by the sec
or assistant secretary under corporate seal empowering that officer to bir
corpora tion .)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney \. /pClL BY 1 Deputy City Attorney
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