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HomeMy WebLinkAbout2002-03-26; City Council; 16688; Landscape Plan Check Consultant AgreementCITY OF CARLSBAD -AGENDA BILL AB# 16 688 CITY MGR SP DEPT. PLN & CITY Am. LANDSCAPE PLAN CHECK CONSULTANT AGREEMENT MTG. 3-26-o* DEPT. HD. TITLE: RECOMMENDED ACTION: That the City Council ADOPT City Council Resolution No. 2002-085 , APPROVING a contract for landscape and irrigation plan checking and inspection and miscellaneous Planning inspection services for current development. ITEM EXPLANATION: The City's Planning Department has, since 1989, contracted with Lawrence Black and Associates (LBA) for landscape plan checking and inspection services. LBA provides a full range of landscape plan checking and inspection services and has demonstrated an ability to maintain a consistently high level of service. LBA's contract with the City has allowed considerable flexibility in processing plans, and has reduced the time necessary for landscape plan checking and inspections when compared with the costs of providing in-house services. LBA's contract with the City is due for renewal. The consultant is uniquely qualified to perform landscape plan check and inspection services. Due to the specific knowledge with the City's to maintain the City's high standards for current development. The Purchasing Officer has been landscaping standards, policies and requirements, staff recommends sole sourcing LBA in an effort consulted and has granted staffs request to waive the requirement for multiple proposals. Based on the consultant's high level of customer service and expertise in the area of landscape pian checks and inspections, staff is recommending that the proposed contract be approved. FISCAL IMPACT: checking and inspection services and miscellaneous Planning inspections for current development. Funds are available in the Planning Department miscellaneous consultant budget for landscape plan In addition, 100% of consultant fees for landscape plan checking and inspections are recovered through the landscape plan review and landscape fee schedule. EXHIBITS: 1. City Council Resolution No. 2OoOa-O%q 2. Consultant Agreement with Lawrence Black and Associates 3. Memo dated February 19, 2002, from Purchasing Officer granting waiver for multiple proposals. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-085 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 .;E IT RESOLVED, by the City Councii 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 26th day of MARCH , 2002, by the following vote, to wit: .I AYES: Council Members Lewis, Kulchin, Finnila, Hall NOES: None ATEST: i (SEAL) EXHIBIT 2 AGREEMENT FOR LANDSCAPE CONSULTANT SERVICES LAWRENCE BLACK 8 ASSOCIATES THIS AGREEMENT is made and entered into as of the 29 7 u day of ,MA pr,h , 20&, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Lawrence Black & Associates, a sole proprietor, ("Contractor"). RECITALS A. City requires the professional services of a landscape architect that is experienced in landscape plan check, 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, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. 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 Aareement will be effective for a Deriod of one vear from the date first above written. The City Manager may amend the Agreement-to extend it for three additional one-year periods or parts thereof in an amount not to exceed One Hundred Fifteen Thousand dollars ($ 11 5,000.00) 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 1 City Attorney Approved Version #05.22.01 3 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be One Hundred Fifteen Thousand dollars ($ 115,000.00). 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 (10%) retention until City has accepted the work andlor Services specified in Exhibit "A. 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 result 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. 2 City Attorney Approved Version #05.22.01 4 9. INDEMNIFICATION Except as to the sole negligence or willful misconduct of City, Contractor will defend, indemnify and hold City, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including attorney's fees, which arises out of, or is in any way connected with the performance of, the Services by Contractor or any of Contractor's employees, agents or subcontractors, notwithstanding that City may have benefited from their services. 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 the Agreement. IO. 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 carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coveraqes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney 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. 10.1.1 Commercial General Liabilitv 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. 10.1.2 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. 10.1.3 Workers' Compensation and EmDlover's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability 3 City Attorney Approved Version #05.22.01 3- limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability. Liability, which will be written as claims-made coverage. 10.2.3 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 Providinq 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 Coveraqe. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase 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. 4 City Attorney Approved Version #05.22.01 . b 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: For Contractor: Title Planninq Director Name Lawrence Black Department Planninq Department Title PrinciDal City of Carlsbad Address 851 Noblev Street Address 1635 Faradav Avenue Cardiff CA 92007 Carlsbad CA 92008-7314 Phone No. (760) 753-2160 Phone No. (760) 602-4601 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 will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, City Attorney Approved Version #05.22.01 5 7 agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, 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 that the services 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 (IO) 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. 6 City Attorney Approved Version #05.22.01 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. 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 7 City Attorney Approved Version #05.22.01 9 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. Ill Ill Ill Ill 8 City Attorney Approved Version #05.22.01 lo 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. CONTRACTOR *By: &58WC;icQ.S (sign here) LuraCe B/LL f &+"A c& .EA&; DM!* (print narneltitle) ATTEST: "By: (sign here) (print narneltitle) 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: RONALD R. BALL, City Attorney By: Deputy City Attorney 9 City Attorney Approved Version #05.22.01 11 personally appeared L.4ldfevlC.e 3IHCtL Name(si 01 Slgnerlsl $ personally known to me 1 proved to me on the basis of satisfactory evidence to be the personM whose namew isle - Canmisim#lZBSDdP acknowledged to me that he/skellkey executed "" the same in his/ "can*l authorized ~y-.m~aao~(I capacity(@, and thE his/h.ed#& BARBARA 1. NED- -1 subscribed to the within instrument and f 1 signature@ on the instrument the personlsf: or the entity upon behalf of which the person(* acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below IS not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 1, Individual ~ Corporate Officer - Title@): L Partner - 1 Limited I! General : Attorney in Fact L. Trustee 1 Guardian or Conservator .~ Other: Signer Is Representing: EXHIBIT "A February 19, 2002 City of Carlsbad Attention: Michelle Masterson Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 Re: Request to Provide LandscaDe Plancheck & InsDection Services fProDosal) This proposal is submitted in response to your request regarding renewal of Consultant Plancheck and Inspection services provided by Lawrence Black & Associates. Maximum Fees for Services Lawrence Black & Associates (LBA) requests hourly compensation and proposes maximum annual compensation of $85,000 for Planchecking and Landscape Inspection Services billed at $40.00 per hour for Planchecking and $20.00 per hour for Inspection. Mike Black provides all inspections; however, when he is not available or needs assistance, Larry Black will assist at the rate of $40 per hour. An additional $30,000 is requested for Planning Inspections, billed at $30.00 per hour. Again Mike Black provides all inspections, however if he is not available, Larry Black will inspect at the rate of $40.00 per hour. Therefore the maximum fee for services will be $85,000 + $30,000 = $115,000. First PlancheckTurnaround for Droiects w160 sheets or less: First Plancheck turnaround is 20 working days, except for Small projects that will be Planchecked in 10 working days. Small projects are those with no recycled water and a maximum of 6 sheets (w/a maximum $6,000 cost estimate). First PlancheckTurnaround for Droiects wlmore than 60 sheets is 25 workina davs Second Plancheck Turnaround Second check turnaround is 7 working days for projects with less than 60 sheets. Those , with more than 60 sheets would require 14 days. PLANNING & LANDSCAPE ARCHITECTURE 851 NOLBEY STREET CARDIF6 CALIFORNIA 92007 TELEPHONE (760)753-2160 Third Plancheck Turnaround: Third planchecks are somewhat rare; however, some Applicants have three, four or even five planchecks! Third planchecks can be handled at a “counter” meeting of 15 to 45 minutes, unless Applicant continues to submit incomplete plans. In that event, plancheck turnaround will be seven working days. Consultant shall review plans and determine if a counter meeting is feasible and call the Applicant for an appointment to plancheck the drawings at the front counter. Economic Development Projects: If desired, economic development projects will receive preferred treatment as follows: First and second plancheck turnaround to be the same as Engineering Consultants: 15 Working days for first check and 7 Working days for second check. LBA would need a list from Cynthia Haas of such projects if this service is necessary. Plan Check for Construction Chanaes and As-Builts LBA proposes to bill hourly to plancheck construction changes at the rate of $40 per hour. Likewise, LBA proposes to bill hourly for As-Built planchecks. Both As-Builts and Construction Changes follow an established city procedure and’include plancheck by CMWD/DEH and Engineering if complex. Insurance Waiver LBA respectfully requests a waiver for Errors and Omissions Insurance on the following grounds: - This insurance insures against errors and omissions in the plans and specifications prepared by the project designer. LBA Drepares no Dlans or mecifications and is not the Droiect desianer. - LBA has ten plus years experience planchecking for Carlsbad and has had no claims against any of its insurance. - The Landscape Manual includes a “Declaration of Responsibility” that is required to be on the Cover Sheet of every project. The project Designer signs the Declaration and in so doing indicates as follows: “I understand that the check of project drawinas and soecifications bv the Citv of Carlsbad is confined to review onlv and does not relieve me. as the licensed desianer of work. of mv resDonsibilities for Droject desian.” Surnrnary/Closing Thank you for your consideration of this proposal. Should you require additional information or clarification, please contact the undersigned and I will respond immediately. LBA is extremelv interested in being able to provide landscape plancheck and inspection services to Carlsbad. LBA has demonstrated an ability to maintain a consistently high level of service and has an excellent health/attendance record. Larry Black has not been absent due to illness (doctor/dentist appointments excepted) since June 1989, and vacation time has been minimal. On those occasions when Mr. Black is out of town, it is standard practice to call in every work day for phone messages, in order to return each call promptly. Mike Black is a seasoned inspector, whereas most Landscape Architectural firms have very little inspection experience because their clients won’t pay for any inspections, or at most 1 or 2 visits of minimal duration. Mike is almost the only inspector in San Diego County routinely inspecting Reclaimed Water irrigation systems. LBAenjoys the challenges of city projects andtakes pride in helping staff achieve high quality development for Carlsbad. The city has high standards and a skilled staff of professionals with whom LBA enjoys working. We look forward to applying our lovaltv. intearity, enthusiasm and exDerience to future assignments for Carlsbad through the year 2005! Very truly yours, LLav”-dA Lawrence Black Landscape Architect License #lo01 1 Michele Masterson - Re: Uniquely Qualifed Memo Page 1 1 EXHIBIT 3 From: Ruth Fletcher To: Date: 2/19/02 3:56PM Subject: Re: Uniquely Qualifed Memo Michele: waive the requirement for multiple proposals is hereby granted. Based on Larry Black’s knowlege and the experience he has gained over the last 12 years, your request to Ruth >>> Michele Masterson 02/19/02 03:04PM >>> Ruth, Please review the attached memo requesting to waive the requirement for multiple proposals for landscape plan checking & inspections services. Please let me know if you concur. Thank you, Michele Michele Masterson