HomeMy WebLinkAbout1986-12-02; City Council; 8592-2; APPROVAL OF CONSULTANT AGREEMENT FOR PROJECT MANAGEMENT AND INSPECTION, APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO READVERTISE FOR BIDS FOR DEVELOPMENT OF CALAVERA HILLS PARK PHASE IL CITWF CARLSBAD - AGENDpOILL
AB# ‘67ddT TITLEl PROJECT MANAGEMENT AND INSPECTION, APPROVAL OF CONSULTANT AGREEMENT FOR
CITY A’ MTG. 12/2/B6 APPROVAL OF PLANS AND SPECIFICATIONS AND
DEPT,~
DEPT. AUTHORIZATION TO READVERTISE FOR BIDS FOR ClTyM DEVELOPMENT OF CALAVERA HILLS PARK PHASE I
RECOMMENDED ACTION:
Adopt Resolution No. TnJapproving the Consultant Agreement
to provide project management and inspection, (Exhibit 1)
approve the revised plans and specifications and authorize
of Calavera Hills Community Park (Project No. 3137).
the City Clerk to readvertise for bids for Phase I construction
1 ITEM EXPLANATION:
On April 22, 1986, Council adopted Resolution 8515 approving
the plans and specifications and authorized the City Clerk
to advertise for bids for the Phase I development of Calavera
the entire eighteen (18) acre park site and provides site
improvements of the southern eight (8) acres only. Site improvements include two (2) lighted ball fields, rest room/
concession stand, tot lot, walkways, parking and landscape.
Council allocated funding for Phase I development (CIP 1985-86)
is currently $1,038,500.
Hills Community Park. Phase I development includes grading
The revised cost estimate presented to Council July 15, 1986
for Phase I development was $1,394,000. This figure addressed
not only construction cost but the design, inspection, administi and contingency fees not,originally included in RSI’s previous
estimate of $999,000.
Bids received June 6, 1986 for Phase I construction revealed
that the apparent low bid coupled with design, administration,
inspection and contingency fees would be $1,783,836 or $389,836
over the July 15, 1989 revised estimate. An analysis of the low bid indicated the primary reacon for higher cost was due to the grading portion of the contract.
On July 15, 1986, in an attempt to reduce development cost
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in Phase I, Council directed staff and RSI to redesign the 0 grading aspects of the park and rebid the project.
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Revised grading plans and specifications and a new cost estimate
have been prepared by RSI, reviewed and approved by the appropri
City staff. The bid documents include an alternative grading
scheme that would exclude, in Phase I, 20,000 to 30,000 cubic
yards of fill import that was to be used in the northern (Phase
11) portion of the park development.
This alternative has the potential to save the City several
hundred thousand dollars by eliminating the fill dirt requiremen
from this contract. Additional sources of inexpensive fill
dirt may be acquired from future City and or developer projects
between Phase I construction and a date yet to be determined.
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1 for the development of Phase 11. Phase I1 construction will
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include a community center/gymnasium, a lighted multi-use sports
field, outdoor basketball courts, tennis courts, additional parkin5
and landscaped areas. A recommendation of which alternative to
pursue will be made after bids are received and analysed.
Staff is additionally requesting Council approval of a
Consultant Agreement which will provide for project management
and inspection during Phase I construction of Calavera Hills
Community Park (Exhibit 1).
Recently an issue has been raised by the Historic Preservation
Commission regarding a cistern and grove of eucalyptus trees
located on the northern portion of the Phase I1 development
of Calavera Hills Community Park.
The historical significance of these items relate to a Carlsbad
School site established in 1900. During the preparation of the
Calavera Hills environmental impact report, apparently the cistern
and eucalyptus trees were not deemed to have any historical
significance and subsequently was not addressed in staffs environmental impact assessment for the development of Calavera
Hills Community Park.
A Historic Preservation Commission representative addressed the
Parks and Recreation Commission June 15, 1986 and requested
support in preserving the cistern and the grove of trees. The
Parks Commission directed staff to review the Preservation request
with RSI, the City's Park Planning Consultant (Exhibit 2). RSI
responded to City staff (Exhibit 3) and stated that the design layout of the park is extremely tight in order to maximize the recreation amenities. To accomplish this preservation would require the elimination of either the community center/gymnasium and tennis courts or their relocation to one of the proposed
ballfield sites.
On July 21, 1986 the Parks and Recreation Commission again
discussed the Historical Commission's request and determined
that it was impossible to save the cistern and trees without
eliminating approved recreational amenities and recommended
that a plaque be placed in the community center denoting the historic site.
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FISCAL IMPACT:
Staff and RSI's estimate for the two grading alternatives are
as follows. After analysis of the actual bids received, a more
precise fiscal impact will be presented.
The Finance director has indicated that there are available funds
in the public facilities fees account. However, appropriating
the additional funds at this time may affect the funding of some
1986-87 CIP projects.
CALAVERA HILLS PHASE I BUDGET ESTIMATE
ITEM ALT I ALT I1
1. Grading/Site Work
2. Design Fee
3. Inspection
$ 1,339,000 $ 984,001
145 , 000 145 I 001
O GradingjSite
O Engineering
O Soils
O Building
35,000 35,001
5,000 5,001
3O,ooo 30,Oo~
5,000 5,001
4. Administration
O Printing
O Utilities
O Engineering
O Miscellaneous
10,000 10,oo
20 , 000 20,OO
10 , 000 10,oo
5,000 5,oo
5. Contingency (10% of
grading and site work) 133,900 9b,40
GRAND TOTAL $ 1,737,900 $ 1,347140
Current Allocation (CIP 1985-86) - 1,038,500 = 1,038,50
Additional Appropriation Needed $ 699,400 $ 308,90
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EXHIBITS:
1. Resolution No. F8SJy
2. Project Management Agreement - November 19, 1986
3. Staff Letter to RSI - June 17, 1986
4. RSI Preservation Response - July 9, 1986
11/20/86
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I 11 1
1200 ELM AVENUE
CARLSBAD. CA 92008.1989
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TEL
(6191
Citp o€ Carls’bab
PARKS & RECREATION DEPARTMENT
June 17, 1986
Ron Paige ~p
Recreation Systems Inc.
2500 East Nutwood Ave, Suite 210
Fullerton, California 92631 ...
Dear Ron:
At the Parks and Recreation Commission Meeting June 16, 1986,
a request was made by Brian Robertson on behalf of the newly
formed Historic Preservation Commission (Attachment A). The
request concerns the development plans for Calavera Hills
Community Park and the location of one of Carlsbad’s first
school sites, more specifically, remnants of the site within
the Park boundaries.
Although this issue was not addressed within the Environmental
Impact Report (Attachment B) or during the review process prior to the design and construction phase of the Park, it has now be brought to our attention. As you will note from Attachment A,
the items requested for consideration of preservation are the
eucalyptus trees and the cistern.
Because of the involvement that RSI has with the development of
grading plans and site development of Calavera Hills Community Park our Department is requesting a recommendation addressing the concerns of the Historic Preservation Commission.
If you should have any questions, please feel free to contact
me at 438-5571. A24
David Bradstreet Parks and Recreation Director
DB : dm
c: Brian Robertson, Historic Preservation Conmission
Attachments A & B
EXHIBIT 2
a) - J b )\ 1 1986
RSI
Architecture. Landscape Architecture. Recreation and Environmental Planning g@
July 9, 1986
Mr. David Bradstreet, Director
city of Carlsbad
1200 Elm Avenue
Department of Parks and Recreation
I. Carlsbad, Califorcia 92008
Dear Mr. Bradstreet:
Reference your transmittal of a letter from Mr. Briar, Robertson related to the retention of the eucalyptus trees
and the cistern within the proposed Calavera Hills Park.
As indicated to yc?u verbally, this request can b? accomplished if the scope of the park can be changed. T!:e
trees and the cistern are currently located on Cedrlc
Saunders property in the area proposed for the tennis courts
and community center.
The layout of the park is extremely tight in an effort LO maximize activity facilities. There is no available space
to relocate the elements involved. To accomplish this
preservation it would require the eiimination of either the
building and tennis courts or their relccation to one of-ths proposed ballfielas.
Obviov.sly, the magnitude of this change would require a inafclr redesign ezfort, tne cancellation of the current contract for development of Pnase I, and an extensive delay in the completion of the,project.
Mr. Robertson’s alternative suggest.ion could be accompfished
at a minimal cost, dependent on the actual scope of wc:rk
involved. If you have further questions, please contact me
at your convenience.
t?hL
i cerely,
RONALP F . FkIGE
President EXHIBIT 3
2500 East Nutwood Avenue. Suite 210 Fuiierton, Cailforma 92631 (714) 879-6373
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RESOLUTION NO. 8895
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT
AGREEMENT TO PROVIDE FOR PROJECT MANAGEMENT AND
APPROVING PLANS AND SPECIFICATIONS: AUTHORIZING
THE CITY CLERK TO READVERTISE BIDS FOR PHASE I
OF CALAVERA HILLS COMMUNITY PARK, PROJECT NO. 317
WHEREAS, the City Council of the City of Carlsbad
has determined it is necessary and in the public interest /I to construct the Calavera Hills Community Park and; a I/ WHEREAS, project management and inspection can 9
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best be provided by a private consultant, an agreement with
whom is attached hereto and made a park thereof and;
WHEREAS, plans and specifications for the furnist
of all labor, materials, tools, equipment, transportation,
and other expenses necessary or incidental for site improve
and community center for said project, Project No. 3173 ha\
been prepared and are on file in the City Clerks Office of
City of Carlsbad and are incorporated by reference herein:
NOW, THEREFORE, BE IT RESOLVED by the City Councj
i .of the City of Carlsbad, California, as follows:
'I 1. That the above recitations are true and corrc
2. The agreement for project management is herel
22 approved.
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3. The plans and specifications as presented arc
~ hereby approved. 24 I I I 4. The City Clerk of the City of Carlsbad is he. 25 ~ 1' authorized and directed to proceed to publish, in accordan1 26 1: ll with law, Notice to Contractors inviting bids for the Phasl 27
I of Calavera Hills Community Park in accordance with the
plans and specifications herein above referred to.
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PASSED, APPROVED AND ADOPTED at a regular meeting
2 of the Carlsbad City Council held on the 2nd day Of December -
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NOES : Council Member Mamaux 5
AYES: Council Members Lewis, Kulchin and Pettine 4
1986 by the following vote, to wit!
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ABSENT : None &&Aif,/ AUDE A. LEWIS, ayor /" &.&#
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11 ATTEST :
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13 ALETHA L. RAUTEN
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15 11 (SEAL)
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I(IF e
AGREEMENT FOR CONSTRUCTION MANAGEMENT
AND INSPECTION SERVICES
CITY OF CARLSBAD, CALAVERA HILLS PARK, PHASE I
THIS AGREEMENT, made and entered into as of the d
of , 19 9 by and between the CITY OF CARLSBAD,
municipal corporation, hereinafter referred to as "City," a
Alan P. Chamberlain, hereinafter referred to as "Consultant."
RECITALS
City.requires the services of Alan P. Chamberlain to provi'
the necessary construction management and resident inspectil
services for the City of Carlsbad's construction of Calave
Hills Park, Phase I; and
Consultant possesses the necessary experience, knowledgc
skills and qualifications to provide the services required I
City;
NOW, THEREFORE, in consideration of these recitals and tt
mutual covenants contained herein, City and a Consultant agree :
follows:
1. CONSULTANT'S OBLIGATIONS
1. Act as general liason between the project contractor ar
City.
2. Ensure timely completion of project in accordance wi'&
the plans and specifications by anticipating problem:
minimizing delays, and recommending prompt remedi;
act ion.
EXHIBIT 1
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3. Make daily site vists to the project as required t
ensure the proper progress of the scheduled work,
4. Coordinate, negotiate, and process project Change Orde~
in accordance with City policies.
5. Attend all pre-construction, project progress, and ar
other meetings between City and the project contrach
including coordinating meetings as may be required f(
the proper and orderly completion of the project.
6. To author and maintain daily written summaries (
project activity and progress. Said summaries shall I
submitted to City for review on a weekly basis a1
forwarded to City upon completion of the project.
7. Coordinate and implement project and traffic safety.
8. Provide all personal transportation during the course (
this agreement.
9. Maintain automobile, bodily injury, and property dama!
liability insurance covering owned, non-owned, rent(
and hired automobiles and other vehicles; the combinl
single limit for bodily injury and property damage sha
not be less than $300,000.
IO. Perform construction management and resident inspecti1
duties required to complete the project pursuant to tl
plans and specifications and perform related duties
the direction of City as may be requir'ed.
2. CITY OBLIGATIONS
Under the general direction of the Parks and Recreation a
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Municipal Projects Departments, and subject to the provisions
Section 9 of this agreement, the City shall:
A. Provide Consultant.with work space, telephone, materia
and supplies, and clerical and technical support
needed.
0. Set the schedule of days and hours Consultant sha
work, however, using its best efforts to consider t
needs of the Consultant in setting such hours.
C. Make available to Consultant all records, reports, a
other documents deemed necessary by the Consultant
properly perform the services required by the City.
D. Pay Consultant in accordance with the rates and schedu
as set forth in Sections 4 and 5 of this agreement,
3. PROGRESS AND COMPLETION
The work under this Contract will begin upon City's recei
and subsequent evaluation of bids received for this projec
After receipt of Notification to Proceed by the City, the wo
under this contract is estimated to be completed within 1;
consecutive calendar days or whenever the project contract
completes the project with subsequent City acceptant:
Extenstions of time may be granted if requested by the Consulta
and agreed to in writing by the City. In consideration of SUI
requests, the City will give allowance for documented a
substantiated unforeseeable and unavoidable delays not caused I
a lack of foresight on the part of the Consultant, or dela:
caused by City inaction or other agencies' lack of time
act ion.
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4. FEES TO BE PAID TO CONSULTANT
The hourly fee payable according to Paragraph 5, "Payment
Fees", shall be $50.00 per hour. The estimated number of hou
for work to be performed by Consultant over the life of th
agreement is twenty (20) hours per week. It is understood by t
parties to this agreement that the Consultant may be required
perform work from time to time in excess of this estimated numb
of hours and shall be compensated accordingly. No 0th
compensation for services will be allowed except those ite
covered by supplemental agreements per Paragraph 7, "Changes
Work".
5. PAYMENT OF FEES
Payment of' fees shall be monthly upon receipt and approv
of invoices submitted by Consultant and approved by City.
6. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed
retained any company or person, other than a bonafide employ
working for the Consultant, to solicit or secure this agreemen
and that Consultant has not paid or agreed to pay any company
person, other than a bonafide employee, any fee, commissio
percentage, brokerage fee, gift, or any other considerati
contingent upon, or resulting from the award or making of th
agreement. For breach of violation of this warranty, the Ci
shall have the right to annul this agreement without liabilit
or in its discretion, to deduct from the agreement price
consideration, or otherwise recover, the full amount of such fe
commission, percentage, brokerage fee, gift or consultant fee.
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7. NON-DISCRIMINATION CLAUSE
The Consultant shall comply with State and feder
ordinances regarding non-discrimination,
8. CHANGES IN WORK
If, in the course of this Contract, changes seem merited I
the Consultant or the City, and informal consultations with tl
other party indicate that a change in the conditions of ti
Contract is warranted, the Consultant or the City may request
change in Contract. Such changes shall be processed by the Cit
in the following manner: A letter outlining the required changc
shall be forwarded to the City or Consultant to inform them [
the proposed changes along with a statement of estimated changrj
in charges or time schedule. After reaching mutual agreement o
the proposal, a supplemental agreement shall be prepared by th
City and approved by the City Council. Such supplement8
agreement shall not render ineffective or invalidate unaffecte
portions of the agreement. Changes requiring immediate action b
the Consultant or City shall be ordered by the City who wil
inform a principal of the Consultant's firm of the necessity o
such action and follow up with a supplemental agreement coverin
such work.
9. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute
deliver, or perform the work as provided for in this Contract
the City may terminate this Contract for nonperformance b
notifying the Consultant by certified mail of the termination o
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the Contract. The Consultant, thereupon, has five (5) workir
days to deliver said documents owned by the City and all work i
progress to the City. The City shall make a determination I
Fact based upon the documents delivered to City of the percentar
of work which the Consultant has performed which is usable and I
worth to the City in having the Contract completed. Based up(
that finding as reported to the City Council, the Council sha
determine the final payment of the Contract.
10. DISPUTES
If a dispute should arise regarding the performance of wo
under this agreement, the following procedure shall be used
resolve any q,uestion of- fact or interpretation not otherwi
settled by agreement between parties. Such questions, if ti-
become identified as a part of a dispute among persons operati
under the provisions of this Contract, shall be reduced
writing by the principal of the Consultant or the City. A cc
of such documented dispute shall be forwarded to both part
involved along with recommended methods of resolution which WOI
be of benefit to both parties. The City or principal receiv
the letter shall reply to the letter along with a recornmen
method of resolution within ten (IO) days. If the resolut
thus obtained is unsatisfactory to the aggrieved party, a let
outlining the dispute shall be forwarded,to the City Council
their resolution through the Office of the City Manager.
City Council may then opt to consider the directed solution
the problem. In such cases, the action of the City Council st
be binding upon the parties involved, although nothing in 1
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procedure shall prohibit the parties seeking remedies availabl
to them at law.
11. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional constructic
management and resident inspection services for the City'
Calavera Hills Park project and any payments made to Consultar
are compensation solely for such services.
12. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party up
tendering thirty (30) days written notice to the other party.
the event of such suspension or termination, upon request of t
City, the Consultant shall assemble the work product and put sa
in order for proper filing and closing and deliver said produ
to City. In the event of termination, the Consultant shall
paid for work performed to the termination date; however, t
total shall not exceed the guaranteed total maximum. The Ci
shall make the final determination as to the portions of tas
completed and the compensation to be made. Compensation to
made in compliance with the Code of Federal Regulations.
13. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided f
herein in Consultant's own way as an independent Contractor z
in pursuit of Consultant's Independent calling, and not as
employee of the City. Consultant shall be un'de-.r control of
City only as to the result to be accomplished and the person1
assigned to the project, but shall consult with the City
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provided for in the request for proposal.
The Consultant is an independent contractor of the Cit
The payment made to the. consultant pursuant to this contra
shall be the full and complete compensation to which t
consultant is entitled. The City shall not make any federal
state tax withholdings on behalf of the consultant. The Ci
shall not be required to pay any workers compensation insuran
on behalf of the consultant. The consultant agrees to indemni
the City for any tax, retirement contribution, social securit
overtime payment, or worker's compensation payment which the Ci
may be required to make on behalf of the consultant or a
employee of the consultant for work done under this agreement.
14. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, a
specifications as herein required are the property of the Cit
whether the work for which they are made be executed or not.
the event this Contract is terminated, all documents, plan
specifications, drawings, reports, and studies shall be deliver
forthwith to the City. Consultant shall have the right to ma
one (1) copy of the plans for his/her records.
15. HOLD HARMLESS AGREEMENT
The City, its agents, officers, and employees shall not
liable for any claims, liabilities, penalties, fines, or E
damage to goods, properties, or effects of any person whatevf
nor for personal injuries or death caused by, or resulting frc
or claimed to have been caused by, or resulting from, z
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intentional or negligent acts, errors or omissions of Consultan
or Consultant's agents, employees, or representatives
Consultant agrees to defend, indemnify, and save free an
harmless the City and its authorized agents, officers, an
employees against any of the foregoing liabilities or claims o
any kind and any cost and expense that is incurred by the City o
account of any of the foregoing liabilities, includin
liabilities or claims by reason of alleged defects in any plan
and specifications.
16. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this Contract or any par
thereof or any monies due thereunder without the prior writte
consent of the City.
17. SUBCONTRACTING
If the Consultant shall subcontract any of the.work to b
performed under this Contract by the Consultant, Consultant shal
be fully responsible to the City for the acts and omissions o
Consultant's subcontractor and of the persons either directly o
indirectly employed by the subcontractor, as Consultant is fo
the acts and omissions of persons directly employed b
Consultant. Nothing contained in this Contra& shall create an
contractual relationship between any subcontractor of Consultan
and the City. The Consultant shall bind every subcontractor an
every subcontractor of a subcontractor by the terms of thi
Contract applicable to Consultant's work unless specificall
noted to the contrary in the subcontract in question approved i
writing by the City.
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18. PROHIBITED INTEREST
No official of the City who is authorized in such capaci
on behalf of the City to negotiate, make, accept, or approve,
take part in negotiating, making, accepting, or approving of a
architectural, engineering inspection, construction or materi
supply Contractor, or any subcontractor in connection with t
construction of the project, shall become directly or indirect
interested personally in this Contract or in any part therea
No officer, employee, architect, attorney, engineer, or inspect
of or for the City who is authorized in such capacity and
behalf of the City to exercise any executive, supervisory,
other similar functions in connection with the performance
this Contract shall become directly or indirectly interest
personally in this Contract or any part thereof.
19. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, ager
or employee of the City, either before, during, or after t
execution of this Contract, shall affect or modify any of t
terms or obligations herein contained nor such verbal agreeme
or conversation entitle the Consultant to any additional payme
whatsoever under the terms of this Contract.
20. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 15, "Hold Harmlc
Agreement", all terms, conditions, and provisions hereof shi
insure to and shall bind each of the parties hereto, and each
their respective heirs, executors, administrators, successo
and assigns.
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21. EFFECTIVE DATE
This agreement shall be effective on and from the day a1
year first above written.
22. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Staterner
with the City Clerk of the City of Carlsbad in accordance wit
the requirements of the City of Carlsbad Conflict of Interes
Code.
IN WITNESS WHEREOF, we have hereunto set our hands and
seals.
ALAN P. CHAMBERLAIN CITY Of CARLSBAD:
By
Mayor
Title
APPROVED AS TO FORM: ATTESTED:
Assistant City Attorney City Clerk