HomeMy WebLinkAbout1998-07-07; City Council; 14592; Landscape Plancheck Consultant(c yo CITY OF CARLSBAD - AGENuA BILL q5
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TITLE: I DEPT. HD. & .,....
DEPT. PLN &I Landscape Plancheck Consultant I CITY MGR-
RECOMMENDED ACTION:
ADOPT City Council Resolution No. %? - 73 APPROVING a contract for landscape and
irrigation plan checking and inspection and miscellaneous Planning inspection services for current
development.
ITEM EXPLANATION:
The City has used the services of a Landscape Consultant (Lawrence Black and Associates) for
landscape plan checking and inspection services since 1989. The previous contracts have been for
one year, and allowed for three additional one year extensions. Those extensions have been
exhausted. RFPs were sent to eleven landscape consultants for these services, as well as
miscellaneous Planning inspections for current development. Four bids were received, with
Lawrence Black and Associates again being the successful bidder.
FISCAL IMPACT:
Funds are available in the Planning Department miscellaneous consultant budget for landscape plan
checking and inspection services and miscellaneous Planning inspections for current development.
In addition, 100% of consultant fees for landscape plan checking and inspections are recovered
through the improvement plan review and inspection fee schedule.
EXHIBITS:
1. City Council Resolution No. 9-23-73
2. Consultant Agreement with Lawrence Black and Associates
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RESOLUTION NO. 98-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CALIFORNIA, APPROVING AN AGREEMENT FOR
LANDSCAPING AND IRRIGATION PLAN CHECKING AND
INSPECTION AND MISCELLANEOUS PLANNING INSPECTION
SERVICES
WHEREAS, the City Council has determined that it is desirable and necessary to
retain a landscape and irrigation plan check consultant to provide plan check and inspection
and miscellaneous Planning inspection services for current development.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby authorizes the Mayor to execute an
agreement with Lawrence Black and Associates for landscape plan check and inspection
services and miscellaneous Planning inspections for current development, for a one year
period, which may be extended by the City Manager for 3 additional one year periods.
3. That the funds are available in the Planning Department budget.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 17th day of March 1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ATTEST:
ALEl't-18; L. RAUTENKRANZ, City Clerk
(S€AL)
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into as of the / f) day of
A c L\. 1998, by and between the CITY OF CARLSBAD, a municipal
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corporation, hereinafter referred to as YXy", and LAWRENCE BLACK AND
ASSOCIATES hereinafter referred to as "Contractor."
RECITALS
City requires the services of a Landscape Plancheck and Inspection Contractor
to provide the necessary landscape plancheck, inspection, and miscellaneous Planning
inspection services for current development; and Contractor possesses the necessary
skills and qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTORS OBLIGATIONS
A. Review plans for conformance with project conditions of approval and City
standards including the City's Landscape Manual and coordinate approval
with other departments.
B. Transmit check prints to and from City until approved.
C. Attest plans as complete and meeting City standards and conditions of
approval, and approve final cost estimate.
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D. Coordinate with Engineering Department in preparing standard agreement
package, including security package.
E. Attend pre-construction meetings related to landscape services.
F. Review construction changes, plan revisions, and construction conflicts.
G. Review as-built drawings for approval.
Inspection
A. Attend pre-construction meeting and any subsequent meetings related to
landscape inspection services.
B. Inspection for the purposes of this agreement shall mean that the
Consultant shall visually verify at the project site that the approved plans
and specifications have been implemented. The Consultant will not be
required to: measure thicknesses of irrigation piping, verify chemical
ingredients of. irrigation piping, conduct psi ratings or slump tests for
concrete work at 28 days, verify 90% compaction of soils, conduct
horticultural soil testing, and land surveying to verify grades or invert
grades.
C. Inspect project through completion for compliance with City standards and
conditions of approval, including preparation of a punch list, and review
and approval of as-built plans.
D. The Consultant shall supply an inspector and be responsible for
appropriate transportation needs of his own employee.
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E. The Consultant shall ensure that each inspector is equipped with
appropriate safety attire.
Miscellaneous Planning Inspections
A. Inspection for the purposes of this agreement shall mean that the
Consultant shall visually verify at the project site that the approved plans
and specifications have been implemented. When requested to do so,
Inspector shall meet with project Planner prior to final landscape
inspection to determine the extent of any standard miscellaneous planning
inspections which should be conducted.
2. CITY OBLIGATIONS
The City shall provide City Standards, Ordinances, and Policies for Consultant‘s
review in implementation of plan review.
Nothing in this agreement shall be construed to obligate the City to provide any
work, to the Consultant. City reserves the right, at its sole discretion, to assign plans for
checking to Consultant, to perform plan checks with its own forces or to assign plans for
checking to another consulting firm.
3. PROGRESS AND COMPLETION
The work under this contract will begin immediately upon approval. The
Consultant will work on an “as needed” basis depending on the amount and type of
work that the City wishes to assign to him. The performance of services by Consultant
shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or
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defective work at no further cost to City, when such inaccuracies are due to the
negligence of Consultant, provided such work has not been accepted in writing by City.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the Landscape Plan Check and Inspection services to
be performed shall not exceed $85,000 annually and $10,000 annually for
miscellaneous Planning Inspections. The hourly rate shall be $40.00 per hour for Plan
Check services and $20.00 per hour for Landscape Technician or Inspector.
(Landscape Inspection services shall be billed at $40.00 per hour if inspection done by
Principal.) Additional miscellaneous Planning Inspections shall be $30.00 per hour for
the Technician or Inspector and $40.00 per hour for the Principal. When landscape and
miscellaneous Planning inspections are conducted concurrently, the fee shall be $30.00
per hour (inclusive) for the Landscape Technician or Inspector. No other compensation
for services will be allowed except those items covered by supplemental agreements
per Paragraph 7, “Changes in Work ”.
5. DURATION OF CONTRACT
This agreement shall extend for a period of I year from date thereof. The
contract may be extended by the City Manager for 3 additional one (I) year periods or
parts thereof, based upon a review of satisfactory performance and the City’s needs.
The parties shall prepare extensions in writing indicating effective date and length of the
extended contract.
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6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor prior
to the last day of the month the invoice was submitted.
7. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
8. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the 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,
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the City shall 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 such fee, commission, percentage, brokerage fees, gift, or contingent fee.
9. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
10. TERMINATION OF CONTRACT
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the Contractor shall assemble the work product and put same
in order for proper filing and closing and deliver said product to City. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the fee payable under paragraph 4. The City
Manager shall make the final determination as to the portions of tasks completed and
the compensation to be made.
11. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
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s
California Government Code sections 12650 et sea, the False Claims Act, 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 the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney's fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any City project for
a period of up to five years. The Contractor acknowledges debarment by another
jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the
selection process. L-P (Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
B (Initial)
12. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's own
way as an independent contractor and in pursuit of Contractor's independent calling,
and not as an employee of the City. Contractor shall be under control of the City only
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
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The Contractor is an independent contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or hisher employees or subcontractors. The
City shall not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of the Contractor or hidher employees or
subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax,
retirement contribution, social security, overtime payment, unemployment payment or
workers' compensation payment which the City may be required to make on behalf of
the Contractor or any employee or subcontractor of the Contractor for work done under
this agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor:
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
13. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all final reports to conform to all applicable
requirements of law: federal, state and local. Contractor shall provide all necessary
supporting documents, to be filed with any agencies whose approval is necessary.
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Contractor agrees to allow City or its designated representative to monitor, audit,
review, and examine the methods, procedures, and results of Contractor.
14. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contractor shall have the right to make one (1) copy of the plans for its records.
15. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
16. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorney fees arising out of the performance of the work
described herein caused in whole or in part by any willful misconduct or negligent act or
omission 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, except where caused
by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad.
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Contractor shall at his own expense, upon written request by the City, defend
any such suit or action brought against the City, its officers, officials, employees and
volunteers. Contractor's indemnification of City shall not be limited by any prior or
subsequent declaration by the contractor.
17. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
18. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the 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 contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor's work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
19. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
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approving of this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
20. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
21. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 16, "Hold Harmless Agreement," all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
22. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
23. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
City's conflict of interest code, that the Contractor will not be required to file a conflict of
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interest statement as a requirement of this agreement. However, Contractor hereby
acknowledges that Contractor has the legal responsibility for complying with the
Political Reform Act and nothing in this agreement releases Contractor from this
responsibility.
24. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract 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 work
hereunder by the contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
current Best's Key Rating of not less than "A-:V and shall meet the City's policy for
insurance as stated in Resolution No. 91403.
A. Coveracres and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive 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 shall apply
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separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
contractor's work for the City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California and
Employer's Liability limits of $1,000,000 per accident for bodily injury.
6. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers' Compensation.
2. The contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The contractor shall obtain occurrence coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the contractor in breach, or
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may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the contractor or deduct the amount paid from
any sums due the contractor under this agreement.
25. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For City: For Contractor:
Title Planning Director Title PrincipaVLawrence Black 8 Assoc.
Name Michael Holzmiller Name Lawrence Black
Address 2075 Las Palmas Drive Address 851 Noblev Street
Carlsbad, CA 92009 Cardiff, CA 92007
26. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
27. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the parties
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relating to the subject matter hereof. Neither this agreement nor any provision hereof may
be amended, modified, waived or discharged except by an instrument in writing executed
by the party against which enforcement of such amendment, waiver or discharge is sought,
Executed by Contractor this 23 /rep, day of k!X GAy
By:
(sign here)
City Clerk
(print namejtitle)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
L.
Deputy City Attorney
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
Notary Public, personally appeare c known to me - or [)(1 proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s)&e subscribed to the within instrument and acknowledged to me thamhe/they
executed the same in his/her/their authorized capacity(ies), and that by l&&r/their signature(s)
on the instrument the person(#, or the entity upon behalf of which the person(s) acted, executed
the instrument.
March 24,1998
Lawrence Black & Associates
ATTN: Lawrence Black
851 Nobley Street
Cardiff, CA 92007
RE: LANDSCAPE PLAN CHECKING 81 INSPECTION SERVICES
The Carlsbad City Council adopted City Council Resolution No. 98-73 on March 17,
1998, approving a contract with your company to provide landscape plan checking and
inspection services for one year, with the possibility of three additional one year
extensions.
For your files I have enclosed a copy of Agenda Bill No. 14,592 and Resolution No. 98-
73, and also a copy of the contract.
If you have specific questions regarding any conditions or other aspects of this contract,
please call the City's Planning Department at 438-1 161.
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 (760) 434-2808 @