Loading...
HomeMy WebLinkAbout2023-03-14; City Council; Resolution 2023-078RESOLUTION NO. 2023-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH DUGMORE DESIGN STUDIO LANDSCAPE ARCHITECTURE TO PROVIDE LANDSCAPE PLAN CHECK AND INSPECTION SERVICES IN AN AMOUNT NOT TO EXCEED $250,000 PER YEAR WHEREAS, the City Council of the City of Carlsbad, California has determined that it is necessary, desirable and in the public interest to acquire the services of a landscape plan check and inspection firm; and WHEREAS, on Jan. 4, 2023, the city published a Request for Proposal (RFP) inviting proposals for the city's landscape plan check and inspection services on the city's website; and WHEREAS, in accordance with the RFP the five proposals received were evaluated using the criteria outlined in the RFP; and WHEREAS, based on evaluation criteria, a staff selection committee chose Dugmore Design Studio Landscape Architecture; and WHEREAS, staff recommends City Council authorize the city manager to execute the Professional Service Agreement for five years and approve a maximum of two, one-year extensions; and WHEREAS, sufficient funds are available in the FY2022/23 operating budget for the start of the new contract and funds for future years will be requested in the operating budgets. 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 Manager is authorized and directed to execute the Professional Services Agreement (Attachment A) with Dugmore Design Studio Landscape Architecture, for a term of five years with a maximum of two, one-year extensions in an amount not to exceed $250,000 per agreement year. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of March 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) DocuSign Envelope ID: DAACB964-9DDC-448F-98BF-71E45A5A7208 Attachment A AGREEMENT FOR LANDSCAPE PLANCHECK AND INSPECTION SERVICES DUGMORE DESIGN STUDIO LANDSCAPE ARCHITECTURE THIS AGREEMENT is made and entered into ::is of the l � � day of _!V\ o....,.---c � , 2023, by and between the City of Carlsbad, California, a municipal corporation, ("City"), and Dugmore Design Studio Landscape Architecture, a partnership ("Contractor"). RECITALS A.City requires the professional services of a landscape architect that is experienced in landscape plan review, inspection, and miscellaneous Planning inspection services for current planning. B.Contractor has the necessary experience in providing professional services and advice related to professional services. C.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 Agreement will be effective for a period of five (5) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. 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 ESSENCETime is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed two hundred fifty thousand dollars ($250,000) ·annually. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed two hundred fifty thousand dollars ($250,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 12/28/2022 DocuSign Envelope ID: DAACB964-9DDC-448F-98BF-71E45A5A7208 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 thisAgreement. At the City's election, City may deduct the indemnification amount from any balanceowing 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. 9.INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs, or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10.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-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 12/28/2022 2 DocuSign Envelope ID: DAACB964-9DDC-448F-98BF-71E45A5A7208 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below unless the Risk Manager 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 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 Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional 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 Providing 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 Coverage. 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. City Attorney Approved Version 12/28/2022 3 DocuSign Envelope ID: DAACB964-9DDC-448F-98BF-71E45A5A7208 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, 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. 12.ACCOUNTING RECORDSContractor 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.COPYRIGHTSContractor 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 notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Cliff Jones Title Principal Planner Department _C=D ________ _ City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. (442)339-2613 For Contractor Name Bruce Dugmore Title Partner ���------ Address 1928 Hummock Lane Encinitas, CA 92024 Phone No. (760)436-7327 Email bp@dugmoredesi91 studio.com 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. City Attorney Approved Version 12/28/2022 4 DocuSign Envelope ID: DAACB964-9DDC-448F-98BF-71 E45A5A 7208 16.CONFLICT OF INTERESTContractor shall file a Conflict-of-Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes ■ NoD 17.GENERAL COMPLIANCE WITH LAWSContractor 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 ar:id 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 whose services are required by this Agreement. 18.DISCRIMINATION AND HARASSMENT PROHIBITEDContractor will comply with all applicable local, state, and federal laws and regulations prohibiting discrimination and harassment. 19.DISPUTE RESOLUTIONIf 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 (10) 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. 20.TERMINATIONIn 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. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In City Attorney Approved Version 12/28/2022 5 DocuSign Envelope ID: DAACB964-9DDC-448F-98BF-71 E45ASA7208 the event of termination of this Agreement by either party 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 FEESContractor 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 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23.JURISDICTION 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 nor 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. City Attorney Approved Version 12/28/2022 6 DocuSign Envelope ID: DAACB964-9DDC-448F-98BF-71E45A5A7208 26.AUTHORITYThe 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. DUGMORE DESIGN STUDIO LANDSCAPE ARCHITECTURE, a partnership By: (sign here) Bruce H. Dugmore -General Partner (print name/title) By: (sign here) Pamela Dugmore -General Partner (print name/title) ARLSBAD, a municipal cor ratio of the State of California By: SCOT ADWICK City Manager ATTEST: SHERRY FREISINGER City Clerk 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, orVice-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: CINDIE K. McMAHON, City Attorney BY: 2o"' lk.t,..? Senior Assistant City Attorney City Attorney Approved Version 12/28/2022 7 DocuSign Envelope ID: DAACB964-9DDC-448F-98BF-71E45A5A7208 EXHIBIT "A" SCOPE OF SERVICES AND FEES Landscape Plan Check and Inspection Fees. CONCEPT PLAN REVIEW FEES These fees are covered in entitlement review. Landscape Concept Plan Review Fees First Review $500 Second Review $450 Third Review $350 Fourth Review $350 <Fourth and subseauent reviews) CONSTRUCTION DRAWING PLAN REVIEW FEES Submittal Fees Landscape Improvement Plan Check Fees FIRST THREE REVIEWS Per estimated costs of improvements $0 to $20,000 $1250 $20,001 to $50,000 $1550 $50,001 to $100,000 $2050 $100,001 to $250,000 $3050 $250,001 to $500,000 $3550 $500,001 to $1,000,000 $4050 $1,000,001 and over $6050 Landscape Improvement Plan Check Fees FOURTH AND SUBSEQUENT REVIEWS* Per estimated costs of improvements $0 to $20,000 $200 $20,001 to $50,000 $200 $50,001 to $100,000 $200 $100,001 to $250,000 $300 $250,001 to $500,000 $300 $500,001 to $1,000,000 $300 $1,000,001 and over $300 DocuSign Envelope ID: DAACB964-9DDC-448F-98BF-71 E45A5A 7208 LANDSCAPE INSPECTION FEES CBOTH OCCUPANCY AND BOND RELEASE) Submittal Fees Landscape Inspection Fees (Securities Release or Occupancy) Per estimated costs of improvements. A fee is charged fort he 4th and each subsequent review. 1st Review The fee covers up to 3 inspections. $0 to $20,000 $950 $20,001 to $50,000 $950 $50,001 to $100,000 $1,000 $100,001 to $250,000 $1,150 $250,001 to $750,000 $1,200 $750,001 and over $1,200 CONSTRUCTION CHANGE REVIEW FEES Landscape Major Change Review Plan Check Fees REVIEW Per Sheet Fee s200 Landscape Minor Change Review Plan Check Fees REVIEW Per Sheet Fee $150 4th and subsequent reviews $250 $250 $250 $250 $300 $300 FIRST REVIEW -THIRD FIRST REVIEW - THIRD Landscape Major/Minor Review Plan Check Fees FOURTH AND SUBSEQUENT REVIEWS Per estimated costs of improvements $0 to $20,000 $200 $20,001 to $50,000 $200 $50,001 to $100,000 $200 $100,001 to $250,000 $300 $250,001 to $500,000 $300 $500,001 to $1,000,000 $300 $1,000,001 and over $300 DocuSign Envelope ID: DAACB964-9DDC-448F-98BF-71E45A5A7208 AS-BUHi DRAWING PLAN REVIEW FEES Landscape Improvement Plan Check Fees FIRST REVIEW Per estimated costs of improvements $0 to $20,000 $200 $20,00 l to $50,000 $250 $50,001 to $100,000 $300 $100,00 l to $250,000 $300 $250,00 I to $500,000 $350 $500,00 l to $1,000,000 $400 $ l ,000,00 l and over $500 Landscape Improvement Plan Check Fees �ECOND REVIEW Per estimated costs of improvements $0 to $20,000 $200 $20,001 to $50,000 $200 $50,00 l to $100,000 $250 $100,00 I to $250,000 $250 $250,00 I to $500,000 $250 $500,00 I to $1,000,000 $300 $1,000,00 I and over $350 Landscapelmprovement Plan Check Fees �HIRD REVIEW Per estimated costs of improvements $0 to $20,000 $]50 $20,00 I to $50,000 $150 $50,001 to $100,000 $150 $100,001 to $250,000 $150 $250,001 to $500,000 $150 $500,00 I to $1,000,000 $150 $1,000,001 and over $150 Landscape Improvement Plan Check Fees FOURTH AND SUBSEQUENTREVIEWS Per estimated costs of improvements $0 to $20,000 $100 $20,001 to $50,000 $100 $50,00 I to $100,000 $100 $100,001 to $250,000 $100 $250,00 I to $500,000 $100 $500,001 to $1,000,000 $150 $1,000,001 and over $150 DocuSign Envelope ID: DAACB964-9DDC-448F-98BF-71E45A5A7208 HOURLY RATE: Additional seNices requested by the City which are beyond the scope of work and seNices: REIMBURSABLE $ 150 per hour. EXPENSES: Normal business expenses (such as paper and printer ink, gasoline and automobile mileage) will not be billed as reimbursable expenses. We do not foresee any items that would require reimbursement. If an out of the ordinary expense is required for which reimbursement may be requested, such an expenditure shall not occur unless and until it is authorized by the City.