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Home My WebLink About1990-05-22; City Council; 10647; AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES TO FINALIZE THE ENVIRONMENTAL IMPACT REPORT FOR ARROYO LA COSTA MASTER PLAN |EIR 86-2|5 kl 8 s! 5 .. 2 0 - b a i5 z 3 0 0 d “d CIWF CARLSBAD - AGENDWILL AB# ‘‘P 6<by TITLE. AMENDMENT TO AGREEMENT FOR DEPT. MTG. 5/22/90 CONSULTING SERVICES TO FINALIZE THE C~TY~ DEPT. PLN ARROYO LA COSTA MASTER PLAN.(EIR 86-2) CITY! ENVIRONMENTAL IMPACT REPORT FOR - RECOMMENDED ACTION: ADOPT Resolution No. $L--! 56 , APPROVING an amendment to th services to finalize the Environmental Impact Report for Arroy La Costa Master Plan amendment project, and to the agreemen with Fieldstone/La Costa Associates Limited Partnership for th provision of funding for said Environmental Impact Report. ITEM EXPLANATION On October 18, 1989, a contract with M.F. Ponseggi ar Associates, in the amount of $14,700, was executed by the Cit Manager for the preparation of Phase I of the Fins Environmental Impact Report for the Arroyo La Costa Master Pls Amendment. At the completion of Phase I, the contract was t be reviewed and amended to reflect the detailed work to be dor in Phase 11. An additional $41,681 is needed to complete sai Environmental Impact Report, bringing the total amount of tf contract to finalize the Environmental Impact Report for Arrol La Costa Master Plan to $56,381. FISCAL IMPACT The developers, Fieldstone/La Costa Associates Limit€ Partnership, are responsible for the provision of the fundir for the amended Environmental Impact Report. Funds will k deposited with the City in a trust account, upon approval c this amended agreement. EXHIBITS 1. 2. Amended Agreement with Fieldstone/La Costa Associates 3. Amended Agreement with M.F. Ponseggi and Associates agreement with M.F. Ponseggi and Associates for consultin City Council Resolution No. qc ‘IS& Limited Partnership, with attachments with attachments I RESOLUTION NO, 90- 1.56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDED AGREEMENTS BETWEEN THE CITY OF CARLSBAD AND M.F. PONSEGGI AND ASSOCIATES; AND THE CITY OF CARLSBAD AND FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, FOR CONSULTING SERVICES TO FINALIZE THE ENVIRONMENTAL IMPACT REPORT FOR ARROYO LA COSTA MASTER PLAN. The City Council of the City of Carlsbad, Californii 1. That certain agreements attached hereto as Exhibil and M. F. Ponseggi ai d Fieldstone/La Cos1 sulting services 1 for Arroyo La Cos' The Mayor of the City of Carlsbad is here1 greements for and I PASSED, APPROVED AND ADOPTED at a regular meeting of tl City Council of the City of Carlsbad, California, on the 22 , 1990, by the following vote, to wi. AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Lars NOES: None ABSENT: None 0 AMENDED AGREEMENT FOR CONSULTANT SERVICES TO FINALIZE THE ENVIRONMENTAL IMPACT REPORT FOR THE ARROYO LA COSTA MASTER PLAN AMENDMENT PROJECT THIS AGREEMENT, made and entered into as of the day I , 1990, by and between the CITY OF CARLSBAD, municipal corporation, hereinafter referred to as '(City, *I a FIELDSTONEILA COSTA ASSOCIATES LIMITED PARTNERSHIP, hereinaft referred to as I*Applicantl*, shall serve to amend the previo contract dated October 18, 1989, attached hereto. All provisions of the original contract shall remain . effect, and shall be amended as outlined in the revised proposa: dated December 18, 1989, attached hereto, except that Section shall be amended by the addition of $41,681.00 to the contrac amount. Section 4 shall read: '(The maximum fees payable under this contract a $56,381.00. IN WITNESS WHEREOF we have hereunto set our hands and seals. FIELDSTONE/LA COSTA ASSOCIATES CITY OF CARLSBAD LIMITED PARTNERSHIP BY: &-- CLAUDE A. LEWIS, Mayor 5 sfwd APPROVED AS TO FORM: ATTESTED: VINCENT F. BIONDO, JR. ALETHA L. RAUTENKRANZ City Attorney City Clerk EXHIBIT "A" W 0 k'i le Arroyo Alli<O'iO LA COS'I'': l,:I i( IIKVI SICINS l'lI!\SK ( I~QV ised ~1/6/90) -------------------------------------.._-__-___-_---_...__-___-_____-_______--_ Task Proj SLI. A:;s I. w; 1 I. , i '1'otr a 1 ?, oE d Xork Item Prin Mgr A.rl;ii ~\:IAI F,iial (;I-a[, 1~i.o~ C05t Cost cc>s t 1 Proj. Desc. 0 35 I) 0 8 12 $2461.00 3.9% 2 Land Use 0 30 0 i1 0 6 12 $2130.00 4.38 3 Noise 0 28 11 (J 0 [I 12 $2076.00 1.28 1 Air Qual 0 4 0 1, J (1 0 2 s272.00 0.5% LI i] 0 0 2 $.712.00 1 ..I% 5 Geology 0 12 0 (J 0 0 4 $324.00 0.7% 7 Aesth 0 4 IJ t! 8 Cultural 0 10 I1 0 0 4 4 $766.00 1.5% 9 Pub.Serv. 0 14 IJ iJ 0 0 4 $874.00 1.88 10 Traffic 0 20 0 0 0 0 8 $1308.00 2.68 11 Alternate 0 6 0 U 0 0 2 $382.00 0.88 13 Summary 0 32 0 I. 1 0 0 8 $1968.00 4.U8 14 Responses 0 24 0 0 u 0 20 $1840.00 3.78 ---------------------------------.---.---------------------------------------- I 0 0 6 $1256.00 2.58 6 Hydro 0 20 12 Long 'I'e rill 0 6 il 0 0 0 2 S3R2.00 0.88 15 Biology 0 10 I iI 0 2 4 , $710.00 1.48 1G Meet inys: 0 20 iJ I1 0 0 0 $1100.00 2.2% 17 Mit.Monitor 0 2i) 1) d 0 0 20 $1620.00 ----____--_--__-_---------------------------- ___-_- TOTAL 0 295 iJ 0 28 122 $20 18 1.00' 37.3 8 % of Hrs. 0% 668 0% O'L 0'6 6% 2'18 1008 I, 1 . I ECIltJ 1 CAl, S'I'UDl ES ______________--________________________---------------- Arc ha eo logy 38.28 Biology $3 4 5 0.0 0 6.98 F i ndnc i a 1 0 . 0 'L Geology $500.00 1 .08 Acous t i cs $0.00 0.0% Noi se $1 680.00 3.48 $211630.00 49 -5% $1 9 0 0 0.0 0 $ 0 . 0 0 - - - - - - - - - - _____- l~l!~l~~l~~Jl~SAl~i~l~~ I '1'KMS ________________-_______________________---------------- Telephone $60.00 0.1% Printing 50 copier; $90 each $1500.00 9 .O% Tech. Supplies $0.00 0 .O% Postage $lSO.OO 0.38 Travel $160.00 0.3% Misc. Printing $100.00 0.2% - - - - - - - - - - _____- sa3,/o.00 10.~~6 -_---- ---- pa/+~~ z $49781.00 96.78 PHA-SE I Lt 60 .e 0 w 0 0 AGREEMENT THIS AGREEMENT is made this &&jay of &z?&q 1989, between 1 CITY OF CARLSBAD, a municipal corporation of the State of California, hereinai referred to as CITY, and X=-)- hereinafter referred to APPLICANT. FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERS RECITALS WHEREAS, the APPLICANT has filed with the CITY a request for apprc of a Master Plan Amendment identified as Arroyo La Costa requiring an Environmei Impact Report (EIR); and WHEREAS, CITY has determined that in order to finalize the draft EIF a timely and thorough manner, the services of a consultant are necessary to assist st and WHEREAS, APPLICANT in order to ensure the final processing of said I desires to pay to CITY the amount necessary to hire CONSULTANT. NOW, THEREFORE, in consideration of the above, it is agreed as folio 1. The CrrY will engage the firm of M.F. PONSEGGI & ASSOCIATI hereinafter referred to as the 'CONSULTANT' to perform necessary work in the processing of the Final EIR for that area m particularly depicted upon a site map attached as Exhibit "A" i made a part of this agreement. . 0 2. It is understood that the Consultant serviceg shall conform to Proposal attached as Exhibit ''6' and made a part of this agreemf which includes: Review the Draft EIR for the Arroyo La Costa Master F Amendment; . Review the comments that were received by the City dur the public review period for the La Costa Master P Amendment Draft EIR; e Prepare responses to public comments and rewrite sectic of the Draft EIR as necessary; Prepare the Final Environmental Impact Report for the Arrc La Costa Master Plan Amendment; and Assist City staff in presenting the Final EIR at public hearinc ft is understood that the CIN wit1 direct the Consultant to compl the final EIR at the earliest feasible time. The APPLICANT shall pay to the CIlY the actual cost of Consultant's services. Such cost shall be based on the costs forth in Exhibit ''811. The APPLICANT has advanced the sum $14,700 as payment on account for the actual cost of t Consultant's services; in the event it appears, as the wc progresses, that said sum will not be sufficient to cover the act cost, the CIN will notify the APPLICANT of the difference betwe the amount deposited and the new estimated cost. CIW will ensu to the extent feasible, that no further work will be performed by t 3. 4. -2- I e 0 Consultant incurring an obligation beyond the amount advar without an appropriate __ amendment to this Agreement. If the ac cost of preparing the report is less than the APPLICANT'S adva, any surplus will be refunded to APPUCANT by CIN. It is understood that the consultant shall be an indepenc 5. contractor of the CIM. The APPLICANT agrees to permit Consultant to enter upon his property and to perform all H thereon as the Consultant deems necessary to complete the F EIR. lt is agreed that the APPLICANT will not interfere with Consultant in the performance of such work or attempt to influe such Consultant during the course of his investigation and rep It is understood that the CITY will attempt to bring the Final €IF Planning Commission and CrrY Council as soon as possible, bar1 no delays from the APPUCANT. 6. -3- w 0 IN WITNESS WHEREOF, the parties hereto have executed this agreen on the day and year first above written. CllY OF CARLSBAD, a Municipal Corporation of the State of California X* FIELDSTONE/LA COSTA ASSOCIATES LIE APPLICANT, sMlfBE-9 BY: THE FIELDSTONE COMPANY A Californi Corporation ;;;er yfp ATTESTED: ARONE, Assistant Sc &LXL / d?,dL BY: ALETHA L. RAUTENKRANZ, city clerk APPROVED AS TO FORM: -4- LOCAL VICINITY ==E I no scale ARROYO LA COSTA MASTER PLAN EIR City of Cartsbad Exhibit 2 b a AMENDED AGREEMENT FOR CONSULTANT SERVICES TO FINALIZE THE ENVIRONXENTAL IMPACT REPORT FOR THE ARROYO LA COSTA MASTER PLAN AMENDMENT PROJECT THIS AGREEMENT, made and entered into as of the day ( , 1990, by and between the CITY OF CARLSBAD, municipal corporation, hereinafter referred to as "City, 'I and M. 1 PONSEGGI & ASSOCIATES, hereinafter referred to as ltConsultant' shall serve to amend the previous contract dated October 18, 198' attached hereto. All provisions of the original contract shall remain . effect, and shall be amended as outlined in the revised proposa: dated December 18, 1989, attached hereto, except that Section shall be amended by the addition of $41,681.00 to the contrac amount. Section 6 shall read: "The maximum fees payable under this contract a $56,381.00. IN WITNESS WHEREOF we have hereunto set our hands and seals. M.F. PONSEGGI AND ASSOCIATES CITY OF CARLSBAD \% J CLAUDE A. LEWIS, Mayor APPROVED AS TO FORM: ATTESTED: VINCENT F. BIONDO, JR. ALETHA L. RAUTENKRANZ City Attorney City Clerk EXHIBIT "B' e e File Arroyo ?&ROY0 LA COSTA EIH REVISIONS PHASE (Revised 3/15/90) ----__________-_____------_-----------------------------------------------_-- 'I'a s k Proj Sen Ass t Word Total ?I of If t.J<;i-k I loni Prin Mgr Ailai Aria1 Anal Crap Proc Cost Cost cost 1 Pruj. Desc. 0 35 U 0 0 8 12 $2461.00 5.3% 2 Land Use 0 30 0 0 0 6 12 $2130.00 4.6% 3 Noise 0 28 0 0 0 8 12 $2076.00 4.5% 3 Air Qua1 0 4 0 0 0 0 2 $272.00 0.6% 5 Geology 0 12 0 0 0 0 2 $712.00, 1.5% 6 Hydro 0 20 0 0 0 0 6 $1256.00 2.7% 7 Aesth 0 4 i, 0 0 0 4 $324.00 0.7% 8 Cultural 0 10 0 0 0 4 4 $766.00 1.7% 9 Pub.Serv. 0 14 0 0 0 0 4 $874.00 1.9% 10 Traffic 0 20 0 0 0 0 8 $1308.00 2 .8% 11 Alternate 3 6 0 0 0 0 2 $382.00 0.8% 12 Long Term 0 6 0 0 0 0 2 $382.00 0.8% 13 Summary 0 32 u 0 0 0 8 $1968.00 4.3% 14 Responses 0 24 0 0 0 0 20 $1840.00 4 -0% 1'7 Mit,Moriitor 0 20 0 0 0 0 20 $1620,00 - .~ - .. - . . ___ - - _. . . .- ___- __ - - -.. - - - - -- -_ __ _----- ----_-------__-___-_ ____ _______-_ 15 Biology 0 16 cj 0 0 2 4 $1040.00 * 2.3% 16 Meetings 0 20 0 0 0 0 0 $1100.00 2.4% * Would be reduced to $600.00 if only one expert' opinion included. _-----_-_--_____--_-------------------------- ______ 'I'OI'AL, 0 301 ci 0 0 28 122 $2~511.00 40.9% 8 of firs. 0% 70% 09 0% oa 6% 27% 103% TECHNICAL STUDIES __---__-______-____------------------------------------- A rc haeo log y $17500.00 37.9% Biology $1000.00 2 -2% F inanc i a1 $0.00 0 .O% Geology $500.00 1.1% Acous t i cs $0.00 0.0% Noise $1680.00 3.6% - - - - - - - -- - ------ $20680.00 44 -8% REIMBURSABLE ITEMS _------___-------_-------------------------------------- Telephone $60.00 0.1% Printing 50 copies $90 each $4500.00 9.7% Tech. Suppl ies $0.00 0.0% Misc. Pr irit ing $100.00 0 -2% Postage $150.00 0.3% Travel $160.00 0.3% --_--_---- ^_____ $4970.00 10.8% TO~L - Plj+-sE z $46161..00 96.5% - - - - - - .- - - - PwsE T CG60.o 0 - kf ~a,70a a e AGREEMENT FOR CONSULTANT SERVICES TO FlW THE ENVlRONMENTAL 1MPA-m REPORT FOR THE ARROYO LA Cos TA MAS TER PIAN AMENOMENT PROJECT. THIS AGREEMENT, made and entered into as of the /fGday of 8- 1989, by and between the CITY OF CARLSBAD, a municipal corporation, herein referred to as "CITY." and M.F. PONSEGGI & ASSOCIATES, hereinafter referred tc "CONSULTANT," RECITALS WHEREAS, the CIN has entered into an agreement with FIELDSTONI COSTA ASSOCIATES LIMITED PARTNERSHIP hereihafter called the "Applicant', whc the CITY agrees to prepare a Environmental Impact Report for the proposed prc identified as the Arroyo La Costa Master Plan Amendment which is located nort Olivenhain Road and south of Levante Street, between El Camino Real and Rar Santa Fe Road, and more precisely shown on the plat marked Exhibit "A, attaC hereto and made a part hereof; and WHEREAS, the CONSULTANT has the qualifications to finalize the reqL Environmental Impact Report; and WHEREAS, it is understood that the CONSULTANT shall be an indepenc contractor of the CITY; 0 0 NOW, THEREFORE, in consideration of their mutual covenants and conditlc the parties hereto agree as follows: (1) DUTIES OF THE CONSULTANT CONSULTANT shall assist staff in preparing a Final Environmental Impact Re1 for subject project in accord with the California Environmental Quality Ac implemented by the State Guidelines and by City in Title 19 of the Carts Municipal Code and its implementing resolutions. In carrying out this oblig; the CONSULTANT'S duties shall include the following: (a) CONSULTANT shall prepare a report reviewing the Draft Environme Impact Report (Phase I) in accordance with Exhibit "W, attached he and made a part hereof and with applicable state and CITY ordinanl The CONSULTANT shall submit to CIN five copies of said report. CONSULTANT shall prepare and file with the CITY written responses ti comments received on the draft Environmental Impact Report (Phasc The written responses shall be prepared in a form that will permit responses to be incorporated into the final Environmental Impact Ret The CONSULTANT shall (1) utilize all existing available technical stu relative to the preparation of the technical reports for this EIR; (2) apF and be prepared to answer questions and prepare testimony on the < Environmental Impact Report at all public hearings before the Planr Commission and the City Council prior to the certification of the report make all reports necessary to comply with the requirements of this sed (b) (c) -2- 0 0 (d) CONSULTANT shall attempt to determine as soon as possible in his s of the area involved, those factors which could severely inhibit or prc the proposed project. If it appears that such factors are present, he so inform the Planning Director who in turn will discuss with the appl the feasibility of continuing with the report. The objective of subsection of the agreement is to minimize the cost if these ad\ factors exist. (2) DUTlES OF THE CITY (a) The CITY will make payment to the CONSULTANT as provided for ir agreement. (b) The CIM will make available to the CONSULTANT any document, stu or other information in its possession related to the proposed projec (c) The CIlY will review the Preliminq Report presented by CONSULTANT within fourteen working days of their receipt and r written comments to the CONSULTANT within that time period. The CITY shall provide the consultant with copies of all written mmm received on the draft Environmental Impact Report subsequent to p' notice that the draft Environmental Impact Report has been filed ar available for public review. (d) -3- 0 e (3) TERMINATION OF AGREEMENT The CIlY may terminate this agreement at any time by giving written noticc the CONSULTANT of such termination and specifying the effective date ther at least fifteen days prior to the effective date of the termination. In even termination all finished or unfinished documents and other materials prepa pursuant to this agreement shall become the property of CITY. Upon termina for reasons other than breach of this agreement CllY shall pay CONSULT, the reasonable value of the services completed to the date of notice termination. RELEASE OF INFORMATlON BY CONSULTANT Any reports, information or other data, .prepared or assembled by CONSULTANT under this agreement shall not be made available to any indivic or organization by the CONSULTANT without the prior written approval of CITY. OWNERSHIP, PUBLICATION. REPRODUCnON AND USE Of MATERfALS (4) (5) All documents and materials prepared pursuant to this agreement are property of the CW. The CITY shall have the unrestricted authority to publi disclose, distribute and otherwise use, in whole or in part, any reports, data other materials prepared under this agreement. (6) PAYMENT The CONSULTANT will be paid a maximum of $14,700.00 dollars for all WI necessary to carry out the requirements of this agreement, Actual payment si -4- 0 0 be based on the cost of the repott based on the costs as set forth in Attachrr "8" on file at the Planning Department. The CONSULTANT shall be paid percent of the compensable services completed, within 15 days after receir this invoice for the completion of the Phase I work in accordance with Paragr 1 above. The CONSULTANT will be paid twenty=five percent upon accepta by the CIN of the response to comments from the CONSULTANT, the twenty-five percent will be paid not to exceed the maximum amount provide this agreement, within thirty days after receipt of invoice, to be submitted i completion of the Phase II work and final public hearing on the Environmc Impact Report by the City Council. (7) TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. CONSULTANT shall submit to the CITY five copies of the Phase I Work w four weeks of the signing of this agreement by all concerned parties. The PF I Work shall include a cost estimate of twenty-five comb-bound copies twenty-five bound copies of the Phase II Work Product. The CONSULTANT s submit to the CITY the fifty copies of the Phase ll Work Product within five we of the completed staff review of the Response to Comments. (8) LIMITS OF THE OBLIGATION The limits of the obligation of the CIM under this agreement is in the sur $14,700.00 which amount is estimated to be sufficient to compensate consultant for all services performed hereunder during the terms of -5- 0 m agreement. In the event at any time it appears to the CONSULTANT that I sum may not be sufficient, he shall immediately SO notify the Planning Direc He will not perform any work or incur any obligation beyond said sun $1 4,700.00 without appropriate amendment to this agreement. (9) CHANGES IN WORK tf, in the course of this contract, changes seem merited by the CONSULTAN the CITY and informal consultations indicate that a change in the condition the contract is warranted, the CONSULTANT or the CITY may request a cha in the contract. Such changes shall be prOCess8d by the CITY in the folloi manner. A letter outlining the required changes shall be forwarded to the ( or CONSULTANT to inform them of the proposed changes along wii statement of estimated changes in charges or time schedule. After reac mutual agreement on the proposal, a supplemental agreement shall be prep: by the CITY and approved by the City Manager. Such supplemental agreen shall not render ineffective or invalid unaffected portions of the agreerr Changes requiring immediate action by the CONSULTANT or the CrrY shal ordered by the Planning Director, who will inform a principal of CONSULTANT'S firm of the necessrty of such action and follow up wil supplemental agreement covering such work. The lump sum amounts detz in this agreement shall be adjusted for changes, either additive or deductivc the scope of work. -6- 0 0 (10) HOLD HARMLESS The CONSULTANT will indemnify the __ CITY against and hold it harmless fron and any cost, expense, or liability for damages on account of injury or deat persons or damage to property resulting trom or arising out of or in any connected with the performance by consultant of this agreement, including defense of any action arising therefrom. CONSULTANT will reimburse the C for all costs, expenses and losses incurred by it in consequence of any cla demands and causes of action which may be brought against it by a per arising out of the performance by CONSULTANT of this agreement. (1 1) MAINTAIN INSURANCE CONSULTANT shall, at all times that this agreement is in effect or the prem are occupied by CONSULTANT, cause to be maintained in force and effec insurance policy or policies which will insure and indemnify both CITY CONSULTANT against liability or financial loss resulting from injuries occurrin persons or property in or about the premises or occurring as a result of any t or actnhty of CONSULTANT. The liability under such insurance poky shal not less than $lOO,OOO for any one person injured or $3OO,OOO for any accident and $5O,OOO for property damage. The policy shall be written t responsible company or companies to be approved by CIM, and shall noncancelable except on ten days’ written notice to CITY. Such policy 6 name CITY as co-insured and a copy of such policy shall be filed with the C -7- 0 0 (12) INDEPENDENT CONTRACTOR CONSULTANT in accordance with -his status as an independent contra( covenants and agrees that he will conduct himself consistent with such stz that he will neither hold himsetf out as nor claim to be an officer or emplc of the CITY by reason hereof, and that he will not by reason hereof, make claim, demand, or application to or for any right or privilege applicable tc officer or employee of the CiTY including, but not limited to, workmi compensation coverage, unemployment insurance beneftts, social seci coverage, or retirement membership credit. The CONSULTANT shall be aware of the requirements of the lmmigration Ref1 and Control Ad of 1986 (8 USC Sec. 1101 -1m md shall comply with th requirements, induding, but not limited to, verifying the eligibility tor employn of all agents, employees, sub-contractors and consultants that are include1 this agreement. (13) ASSIGNMENT OF CONTRACT CONSULTANT shall not assign this contract or any part thereof or any mor due thereunder without the prior written consent of the City. (14) su BCONTRACTlNQ If the Consultant shall subcontract any of the work to be performed under contract by CONSULTANT, the CONSULTANT shall be fully responsible to ClW for the acts and omissions of Consultant’s subcontractor and of persons either directly or indirectly employed by the subcontractor, as Consul -a- e 0 is for the acts and omissions of persons directly employed by CONSULT; Nothing contained in this contract shall create any contractual relation: between any subcontractor of CONSULTANT and the CITY. The CONSULT/ shall bind every subcontractor and every subcontractor of a subcontractor by terms of this contract applicable to Consuttant’s work unless specifically nc to the contrary in the subcontract in question approved in writing by the CI’ (15) PROHIBITED INTEREST No official of the CllY who is authorized in such capactty on behatf of the C to negotiate, make, accept, or approve, or take part in negotiating, maki accepting, or approving of any architectural, engineering inspection, construct or material supply contractor, or any subcontractor in connection with canstruetian of the project, shall become directly or indirectly interes personally in this contract or in any part thereof. No officer, employee, architr attorney, engineer, or inspector of or for the CfTy who is authorized in si capacity and on behatf of the CITY to exercise any executive, supervisory, other similar functions in connection with the performance of this contract st become directly or indirectly interested personalty in this contract or any p thereof. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of t Cty, either before, during, or after the execution of this contract, shall affect modrfy any of the terms or obligations herein contained nor such vert (1 6) -9- I) e agreement Or conversation entitle the Consultant to any additional paym whatsoever under the terms of this contract. IN WITNESS WHEREOF, the parties hereto have executed this agreement on day and year first above written. CIN OF CARLSBAD, a Municipal Corporation of the State of California BY *- dQ-?Yd - /O/J/57 CONSULTANT, M.F. PONS&~~ AND ASSOCIAI ATTESTED: GML/R- ALETHA L. RAUTENKRANZ, ci Cleh APPROVED AS TO FORk -1 0- 1 * scAinc no scale E LOCAL VICINITY ARROYO LA COSTA MASTER PLAN EIR City of Carfsbad Exhibit 2