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
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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
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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;
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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.
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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
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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
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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:
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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
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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
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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
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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,
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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
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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;
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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
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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,
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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
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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
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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
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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
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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