Loading...
HomeMy WebLinkAbout1989-03-07; City Council; 9884; Right-of-way engineering workGIT" OF CARLSBAD — AGENDA BILL MTQ -3-:7-83- DEPT. MP TITLE: RIGHT-OF-WAY ENGINEERING WORK FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT Q IECQ.Q. O O O 8 RECOMMENDED ACTION: Adopt Resolution No. 'BS -6)0-* approving a consultant agreement with Right-Of-Way Engineering Associates, Incorporated for right-of- way engineering services required for the Batiquitos Lagoon Enhancement Proj ect. ITEM EXPLANATION; On April 19, 1988, the City Council approved a reimbursement agreement with the City of Los Angeles for the retention of private consultants to prepare a combined State Environmental Impact Report (EIR) and Federal Environmental Impact Statement (EIS) for the Batiquitos Lagoon Enhancement Project. The EIR/EIS is currently underway with a draft report to be available in approximately March of 1989. The Carlsbad/Los Angeles reimbursement agreement also identifies the need to retain right-of-way engineering consultants to begin work required under the terms of the master six (6) party Memorandum of Agreement for the Batiquitos project. Under the MOA, Carlsbad is responsible for work required to identify and acquire rights-of-way for the Batiquitos project. A detailed scope of work was prepared and proposals were solicited from qualified civil engineering and right-of-way engineering firms for this portion of the project. This work involves extensive field surveying, exhibit preparation, preliminary title report research of all ownerships, easements and licenses in and around Batiquitos Lagoon, preparation of a project base map, aerial photogrammetrical mapping and related services. Six (6) formal proposals were received and after an examination of the proposals and interviews with the prospective consultants, the firm of Right-of-Way Engineering Associates, Incorporated has been identified as the firm most qualified for this phase of the project. Preparation of formal legal descriptions and acquisition plats, real property appraisal, and acquisition negotiations are not included in this phase of the work. These services will be required following an identification of necessary rights-of-way to construct the Batiquitos project in conjunction with the final EIR/EIS certification and approval from the City of Los Angeles, through its Board of Harbor Commissioners, to proceed with the right-of-way acquisition and formal design engineering phases of the project. Page Two of Agenda Bill No. Staff recommends the City Council approve the attached consultant agreement. Also attached is a letter dated November 15, 1988 from Mr. Ezunial Hurts, Executive Director of the Port of Los Angeles, approving the agreement. Further, City staff met with Port of Los Angeles representatives on Wednesday, February 8, 1989, in which the Port confirmed their request that the City proceed with this phase of the project and currently outlined scope of work. FISCAL IMPACT; The attached consultant agreement identifies tasks to be performed in a combination of lump sum and hourly rates for a total project cost not to exceed $49,690. One (1) additional project scope alternate has been identified at a lump sum cost of $17,250 for photogrammetrical mapping of the entire Lagoon area if required. The Port of Los Angeles has indicated its approval of the costs associated with this phase of the project. The existing Carlsbad/Los Angeles reimbursement agreement provides that all costs associated with this work as well as City staff and administrative costs shall be reimbursed to the City of Carlsbad from the Port of Los Angeles. EXHIBITS; 1. Resolution No. 0^-6^. approving a consultant agreement with Right-of-Way Engineering Associates, Incorporated regarding right-of-way engineering services for the Batiquitos Lagoon Enhancement Project. 2. Letter dated November 15, 1988 from Mr. Ezunial Burts, Executive Director of the Port of Los Angeles. 3. Consultant agreement. 1 RESOLUTION NO. 89-62 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT 3 AGREEMENT FOR RIGHT-OF-WAY ENGINEERING SERVICES REQUIRED FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT 4 5 6 WHEREAS, the City of Los Angeles, acting by an through 7 its Board of Harbor Commissioners, and the City of Carlsbad are 8 currently pursuing a proposed project identified as the 9 Batiquitos Lagoon Enhancement Project; and 10 WHEREAS, the City of Los Angeles and City of Carlsbad are 11 parties to a master Memorandum of Agreement (MOA) identifying 12 agency responsibilities to accomplish said project; and 13 WHEREAS, said MOA requires the City of Carlsbad to 14 identify and acquire certain rights-of-way required for said 15 project; and 16 WHEREAS, the City of Carlsbad had prepared a scope of 17 work and received proposals; and 18 WHEREAS, the firm of Right-of-Way Engineering Associates, 19 Incorporated has been identified as the firm most qualified to 20 perform said work resulting in a consultant agreement between 21 the City of Carlsbad and said firm; and 22 WHEREAS, the City of Los Angeles, through its Board of 23 Harbor Commissioners, has approved said consultant agreement; 24 and 25 WHEREAS, the City of Los Angeles and City of Carlsbad 26 have previously entered into an agreement for the reimbursement 27 to the City of Carlsbad of all costs associated with said work. 28 /// 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 26 27 28 NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the above recitations are true and correct. 2. That the attached consultant agreement with Right- of-Way Engineering Associates, Incorporated is hereby approved and the Mayor and City Clerk are authorized and directed to execute said agreement. 3. That following the Mayor's signature of said agreement, the City Clerk is further authorized and directed to forward copies of said executed agreement to the City of Los Angeles, c/o Board of Harbor Commissioners, Attention: Lillian Kawasaki, 425 S. Palos Verdes Street, P.O. Box 151, San Pedro, CA 90733, and Right-of-Way Engineering Associates, Incorporated, Attention: Mr. Cecil Ryals, 2103 El Camino Real, Suite 103-A, Oceanside, CA 92054, and the City Planning and Municipal Proj ects Departments. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 7th day of March , 1989, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: CLAUDE A. LEWIS, Mayor 24 ATTEST: 25' /Pt^Z-. ALETHA L . RAUTENKRMIZ,C ty C 1/er k (SEAL) WORLDPORT November 15, 1988 Tom Bradley Mayor, City of Los Angeles Board of Harbor Commissioners Ira T. Distenfield, President Jun Mori, Esq., Vice President E. Grace Payne, LL.D. Robert G. Rados, Sr. Floyd Clay Peter Mandia, Secretary Ezunial Hurts Executive Director Mayor Claude "Bud" Lewis City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 Attention: Mr. John Cahill SUBJECT: BATIQUITOS LAGOON ENHANCEMENT PROJECT RIGHT-OF-WAY ENGINEERING SERVICES Dear Mayor Lewi s: The Port of Los Angeles has reviewed the subject consultant agreement between the City of Carlsbad and the firm of Right-of-Way Engineering Associates, Incorporated for right-of-way engineering work. In accordance with Los Angeles Harbor Department Reimbursement Agreement No. 1419-1 Section 2 (Retention of Additional Consultants to Perform Additional Expert Services), the Port approves the subject work for a not-to-exceed amount of $49,690.00. We are anxious to have the work commence as expeditiously as possible. Please do not hesitate to call of further assistance. me at (213) 519-3680, if I can be Sincerely, LILLIAN Y. KAWASAKI Director of Environmental Management APPROVED: tZUNlAL Bl Executive Director LYK 493 gog Port of Los Angeles 425 So. Palos Verdes Street P.O. Box 151 San Pedro, CA 90733-0151 213/519-3400 Telex: 18-2387 POLA SPRO An Affirmative Action/Equal Opportunity Employer FAX: 213/831-0439 AGREEMENT FOR RIGHT-OF-WAY SERVICES FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT THIS AGREEMENT, made and entered into as of the 29th day of November, 1988, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and RIGHT-OF-WAY ENGINEERING SERVICES, INCORPORATED, hereinafter referred to as "Consultant." RECITALS WHEREAS, the City requires the services of a right-of-way engineering, land-surveying, and photogrammetric consultant to provide the necessary services for preparation of right-of-way engineering work for the Batiquitos Lagoon Enhancement Project; and WHEREAS, proposals have been received by the City for said right-of-way engineering services; and WHEREAS, Consultant possesses the necessary skills, abilities, experience, financial resources, and qualifications to provide the services required by the City; and WHEREAS, the City of Los Angeles, acting through its Board of Harbor Commissioners, has previously entered into a reimbursement agreement with the City of Carlsbad for the preparation of necessary right-of-way engineering work required for the Batiquitos Lagoon Enhancement Project. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS A. Provide two (2) copies of a two (2) sheet color aerial photograph exhibit of the entire Batiquitos Lagoon within the City of Carlsbad extending from the Pacific Ocean on the west to 500 feet east of El Camino Real. Photo coverage is to include future and existing sediment control basins as generally depicted in the Batiquitos Lagoon Enhancement Plan prepared by the California Coastal Conservancy, with the exception of that basin located in the Green Valley area southwest of the intersection of El Camino Real and La Costa Avenue. Copies of the Enhancement Plan are on file and available with the City. The colored aerial exhibits shall be used for both public presentations and court exhibits and shall be of superior quality with high color resolution and detail. The scale of the photographs shall be approximately 1"=400 feet. B. Provide an exhibit overlay over the photographs showing property lines of all surrounding properties, easements and licenses which encroach within the wetland area of the Batiquitos Lagoon and above all sediment basins. Exhibit overlay shall be of superior quality with sufficient detail to clearly discern the nature, extent and location of all property ownerships, easements, and licenses within the subject area. C. Provide a base map for the project incorporating all areas as generally described in this project including the plotting of the wetland boundary, as generally described by the State of California, Department of Fish and Game, and the United States Army Corps of Engineers, for the Batiquitos Lagoon and/or that wetland boundary as determined by the City of Carlsbad's environmental consultant, CH2M Hill, Incorporated or others as may be provided or designated by City, and tied out by field survey. The base map for this project shall be at a scale of 1"=100 feet and a contour interval of two (2) feet. City shall be provided with one (1) set of original mylars for its reproduction. This task shall include the review of all documents, maps, exhibits, and any other materials appropriate and required for completion. D. Provide any and all field survey services as may be required to locate property lines surrounding the area within and above Batiquitos Lagoon. This work shall include, but not be limited to, research of maps, property ownerships, licenses and easements, aerial photo control, property line traverse and a tie out of any and all existing controlling property corners on the California Coordinate System. Perform any other field or office right-of-way engineering services that may be required to locate all property lines and easements and other legal interests, including location of wetlands boundary as determined by City of Carlsbad's environmental consultant or others as may be designated by City. E. Provide preliminary title reports of all property surrounding the Batiguitos Lagoon including all sediment control basins. Ownerships and nature of interests of existing easements and licenses into the Batiguitos Lagoon area, beach, and sediment control basins are also to be provided. Ownerships of all properties, easements and licenses are to include all property along the beach extending from approximately 1,500 feet south and 1,000 feet north of the mouth of Batiguitos Lagoon. Research of all ownerships and nature of all interests will also be conducted for a stretch of approximately 7,300 feet of beach frontage east of Palomar Airport Road as generally depicted in Figure 7-7 through 7-9 Volume 1, Draft Preliminary Design. Batiquitos Lagoon Enhancement Project. CH2M Hill. Incorporated, on file with the City. All interests identified are to be plotted and labeled on the maps identified above. Consultants shall provide a detailed and current property ownership listing to the City of all ownerships, easements and licenses. F. Consultant shall be available and attend three (3) formal project presentations, if reguired by the City. Said three (3) presentations shall be specifically limited to those occurring within the County of San Diego. Project or research meetings with City staff, Batiguitos Lagoon Enhancement Project consultants, State, Federal, local agency representatives and others as may be reguired to perform the tasks identified in this project are to be included within the scope and fees for this project. G. Consultant shall provide all supervision, coordination and office calculations reguired to accomplish this proj ect. PROJECT SCOPE ALTERNATE NUMBER 1 At the sole election of City, and to be communicated in writing by City to Consultant at any time during the course of this project, Consultant shall provide photogrammetrical mapping of the entire subject area as defined above in a scale of 1"=100 feet with a two (2) foot contour interval. Mapping shall be in a digital data, autocad format with computer generated mylar map. 2. CITY'S OBLIGATIONS The City shall provide Consultant with the following documents and information in the public domain to assist Consultant in this project: 4 A. Record of survey map of Hunt/Hillman Properties, Incorporated holdings as prepared by VTN Engineering, Incorporated of all Hunt/Hillman Properties holdings in and around Batiguitos Lagoon. B. Wetland boundary map plotted by VTN Engineering, Incorporated for area east of Interstate 5. C. Partial wetland boundary map plotted by O'Day Engineering Consultants, Incorporated for portions of Batiquitos Lagoon. D. Batiquitos Lagoon Enhancement Project. Preliminary Engineering Report, prepared by CH2M Hill, Incorporated for the City of Carlsbad. E. City of Carlsbad aerial mapping (December, 1988) at a scale of 1"=100 feet with two (2) foot contours prepared by Fraser Engineering, Incorporated for the City of Carlsbad. F. Wetlands determination map prepared by City of Carlsbad's environmental consultants, CH2M Hill, Incorporated, or other wetlands mapping as may be available to City of Carlsbad. 3. PROGRESS AND COMPLETION The work under this Contract will begin immediately after receipt of notification to proceed by the City and be completed within ten (10) weeks of that date. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the City. In consideration of such requests, the City will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part 5 of the Consultant, or delays caused by City inaction or other agencies' lack of timely action. In the event City elects to award PROJECT SCOPE ALTERNATE NUMBER 1 to Consultant as identified in Section 1 of this Agreement, Consultant shall be granted an additional four (4) weeks of time to complete this additional element of project scope. 4. FEES TO BE PAID TO CONSULTANT The lump sum fee payable according to Paragraph 5, "Payment of Fees," shall be a combination of lump sum and hourly rates not to exceed a project total of $49,690. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, "Changes in Work." The agreed upon scope of work costs are itemized as follows as described in Section 1 of this Agreement: SCOPE OF WORK SECTION HOURS COST A: Color Aerial Exhibits LUMP SUM $ 1,000 B: Exhibit Overlay LUMP SUM $ 1,500 C: Base Map 180 $ 9,000 D: Field Survey Services 80 $ 8,800 E: Preliminary Title Reports LUMP SUM $25,070 F: Project Presentations 12 $ 720 G: Project Coordination 60 $ 3.600 TOTAL PROJECT COST NOT TO EXCEED $49,690 As identified in Section 1 of this Agreement, City retains the right, at its sole election, to award PROJECT SCOPE ALTERNATE NUMBER 1 to the Consultant at any time during the course of this project. Said award shall be communicated in writing from City to Consultant. The agreed upon lump sum cost for PROJECT SCOPE 6 ALTERNATE NUMBER 1 shall be $17,250. No other compensation for services for PROJECT SCOPE ALTERNATE NUMBER 1 will be allowed except those items covered by supplemental agreements per Paragraph 7, "Changes in Work." 5. PAYMENT OF FEES Payment of fees shall be on a monthly basis upon receipt and approval by City of detailed invoices prepared and submitted by Consultant. 6. FINAL SUBMISSIONS Within seven (7) days of completion and approval of the final work products described in Section 1 of this Agreement, the Consultant shall deliver to the City the following items: A. Two (2) copies of the two (2) sheet color aerial exhibit with overlays. B. Project base map in original mylar form including copies of all field survey notes. C. Copies of all preliminary title reports, grant deeds, easements, licenses, and any other documents utilized in the preparation of this project by Consultant. D. One (1) copy of a complete and detailed property ownership list of all properties, easements and licenses in the project study area. E. One (1) copy in original mylar form of the photogrammetrical map described as PROJECT SCOPE ALTERNATE NUMBER 1 if so awarded to Consultant by City. 7. CHANGES IN WORK If, in the course of this Contract, changes seem merited by the Consultant or the City, and informal consultations with the 7 other party indicate that a change in the conditions of the Contract is warranted, the Consultant 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 Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the City Manager or his designated representative who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 8. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant 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, 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, 8 commission, percentage, brokerage fee, gift, or contingent fee. 9. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 10. 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 by notifying the Consultant by certified mail of the termination of the Contract. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City Manager. The City Manager shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant has performed which is usable and of worth to the City in having the Contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. 11. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Contract, shall be reduced to writing by the principal of the Consultant or the City Manager. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution 9 which would be of benefit to both parties. The City Manager or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 12. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services of right-of-way engineering and land surveying and any payments made to Consultant are compensation solely for such services. Consultant shall certify as to the correctness of all documents and sign all plans, maps, engineering drawings, or details prepared by Consultant or Consultant's subcontractors or agents as a result of this project furnished with Registered Civil Engineer's or Land Surveyor's number. 13. SUSPENSION OR TERMINATION OF SERVICES 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 Consultant 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 Consultant shall be paid for work performed to the termination date; 10 however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. 14. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent Contractor and in pursuit of Consultant's independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. The Consultant is an independent contractor of the City. The payment made to the Consultant pursuant to this contract shall be the full and complete compensation to which the Consultant is entitled. The City shall not make any Federal or State tax withholdings on behalf 'of the Consultant. The City shall not be required to pay any workers' compensation insurance on behalf of the Consultant. The Consultant agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which the City may be required to make on behalf of the Consultant or any employee of the Consultant for work done under this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all plans, drawings, and other documents or maps to conform to all applicable requirements of law: Federal, State and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies 11 whose approval is necessary. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and any and all work product produced or secured to accomplish this project as herein required are the property of the City, whether the work for which they are made to 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. Consultant shall have the right to make one (1) copy of all documents for his/her records. 17. HOLD HARMLESS AGREEMENT The Consultant retained pursuant to this Agreement shall at all times relieve, indemnify, protect and save harmless the Cities of Los Angeles, including its Harbor Department, hereinafter referred to as PORT, and Carlsbad, hereinafter referred to as CITY, and any and all of their boards, officers, agents, consultants and employees from any and all claims and demands, actions, proceedings, losses, liens, costs and judgments of any kind an nature whatsoever, including expenses incurred in defending against legal actions, for death of or injury to persons or damage to property including property owned by or under the care and custody of PORT and CITY and for civil fines and penalties, to the extent that they may arise from or be caused directly or indirectly by: A. Any dangerous, hazardous, unsafe or defective condition of, in or in the premises which are the subject of this Agreement of any nature whatsoever, to the extent that its exists by reason of any negligent act, omission, 12 neglect, or any negligent use or occupation of the premises by Consultant, its officers, agents, employees, subcontractors or subconsultants or consultant. B. Any operation conducted upon or any use or negligent occupation of the premises by Consultant, its officers, agents, employees, subcontractor or subconsultants under or pursuant to the provision of this contract or otherwise. C. Any negligent act, omission o r negligence of Consultant, its officers, agents, employees, subcontractors or subconsultants. D. Any failure of Consultant, its officers, agents or employees to comply with any of the terms or conditions of this contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation. E. The conditions, negligent operations, uses, occupations, acts, omissions or negligence, existing or conducted upon or arising from the use or occupation by Consultant on any other premises within the City of Carlsbad related to this Agreement. The Consultant also agrees to indemnify PORT and CITY and pay for all damage or loss suffered by PORT and CITY including but not limited to damage to or loss of PORT and/or CITY property to the extent caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence of the Consultant within the meaning of subsections A through E of 13 this Section. The Consultant agrees that it will maintain the insurance specified in the contract. All such insurance shall be written at such limits and with such companies as are acceptable to PORT and CITY and the Consultant shall provide PORT and CITY with proof of said insurance as specified below. 18. ASSIGNMENT OF CONTRACT The Consultant shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the City. 19. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this Contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the city. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any 14 architectural, engineering, inspection, construction or material supply contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this Contract shall become directly or indirectly interested personally in this Contract or any part thereof. 21. VERBALLY 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 such verbal agreement or conversation entitles the Consultant to any additional payment whatsoever under the terms of this Contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 24. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement 15 with the City Clerk of the City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. 25. COMPLIANCE WITH IMMIGRATION ACT Consultant shall be aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC Section 1101 through 1525) 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. 26. INSURANCE The Consultant shall obtain and maintain a policy of general liability and business insurance from an insurance company authorized to be in business in the State of California, in an insurable amount of not less than five hundred thousand dollars ($ 500,000). This insurance shall be in force during the life of this agreement and shall not be cancelled without ten (10) days prior notice to the City. The PORT and CITY shall be named as an additionally insured on this policy. The Consultant shall furnish a certificate of said insurance to the PORT and CITY upon request. 27. WORKERS' COMPENSATION The Consultant shall be required to secure the payment of compensation to its employees injured while performing work or labor necessary for and incidental to performance under this agreement in accordance with the provisions of Section 3700 of the Labor Code of the State of California. The Consultant shall be required to file with the PORT and CITY if so required one of 16 the following: (1) a certificate of consent to self-insure issued by the Director of Industrial Relations, State of California, (2) a certificate of Workers' Compensation insurance issued by an admitted insurer, or (3) an exact copy or duplicate thereof of the policy certified by the Director or the insurer. 28. RELEASE OF INFORMATION BY CONSULTANT Any reports, information, ownership data or other materials or data prepared or assembled by the Consultant under this Agreement shall not be made available to any individual, group, organization, or governmental body by the Consultant at any time without the prior written approval of the City. IN WITNESS WHEREOF, we have hereunto set our hands and seals. RIGHT-OF-WAY ENGINEERING CITY OF CARLSBAD: SERVICES, INCORPORATED•— /Y Mayor V/ Title APPROVED AS TO FORM: ATTESTED: Assistant City Attorney City Clerk