HomeMy WebLinkAbout1991-12-03; City Council; 11464; APPROVAL OF CONSULTANT AGREEMENT FOR THE ALTA MIRA PARK MASTER PLAN PROJECT NO. 3348CIT()OF CARLSBAD - AGENB BILL ‘si I AB # a 1 TITLE: APPROVAL OF CONSULTANT AGREEMENT I MTG. 12/03/91 1 FOR THE ALTA MIRA PARK MASTER PLAN
DEPT. ENG PROJECT NO. 3348 1:;::
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(RECOMMENOED ACTION:
Adopt Resolution No. 91-3Fj.b approving a consultant agreement with The Partnership for the development of the Master P1 an for A1 ta Mira Park, Projec. 3348.
ITEM EXPLANATION:
In the 1990-91 Capital Improvement Program budget, the City Council appropr.l
funds for the development of a Master Plan and subsequent design of A1 ta Mira F A1 ta Mira Park consists of the development of a City owned 42-acre parcel nort Avenida de las Ondes and east of and adjacent to Paseo del Norte. This faci is the next major City park project in the southwest quadrant identified undel
City‘s Growth Management Program.
City staff assembled a detailed scope of work and sol ici ted Requests Qualifications from qualified landscape architects, building architects, and ( engineering design firms. The City received forty-three (43) formal responst the Request for Qualifications which were subsequently evaluated by a Selec Committee consisting of Parks and Recreation staff, Municipal Projects staff.
three (3) members of the Parks and Recreation Commission. The Selection Comm-
convened and identified three (3) finalists to participate in the formal Re(
for Proposal process:
The Dike Partnership, Irvine and San Diego Wimmer, Yamada & Associates, San Diego . RJM Design Group, Mission Viejo
On September 9, 1991, the Selection Committee convened and received presentat from the three (3) finalists. Following the interviews, the Selection Commi identified the firm of The Dike Partnership as the design firm most qualific prepare the Master Plan and design the project.
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Staff has completed its negotiations with the recommended firm and attached
consultant agreement with detailed scope of work, schedule, and fee propc
Staff recommends approval of the attached consultant agreement which will begir
Master Plan process for A1 ta Mira Park.
A1 ta Mira Park will be developed in three (3) phases. Phase I will consis
grading of the entire 42-acre site, lighted sports fields, tot-lot, restrc picnic areas, maintenance and storage areas, parking lots, and a portion of tennis center. Phase I1 will add the balance of the tennis center and
remaining facilities not completed under Phase I. Subsequently, Phase I11 will a Community Center/Gymnasium.
The Dike Partnership will prepare a Master P1 an and schematic drawings for
entire three-phase project. Three (3) alternatives will be considered architectural imagery, theme and character of the park will be develo
Environmental constraints, geotechnical information and topographic mapping
be used in devel oping the plan. A pub1 ic workshop wi 11 be he1 d and input from will help guide the consultant and staff in selecting an alternative for inclu
in the Master P1 an. The Master P1 an will be completed four (4) months from
Notice to Proceed. There will be several opportunities for public input durins
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Page 2 of Agenda Bi 11 No. I/, L,/h;L/
development of the park Master Plan and subsequent pub1 ic hearings on the projl environmental review and Conditional Use Permit applications.
Once the Master Plan has been completed and adopted, the next steps wil preliminary design and contract drawings for Phase I only. These will be prel by The Dike Partnership as well, but are the subject of separate negotiation are not included in the attached agreement. Phase I construction is schedul
begin in April 1993. Phases I1 and I11 design and construction will OCCI
future years as funding is budgeted.
FISCAL IMPACT:
The consultant’s fee for the preparation of the Master Plan for the e three-phase park is not to exceed $181,543.
The City Council has currently appropriated $1,512,000 for this projecl $4,110,000 is budgeted in the CIP for the 1992-93 fiscal year. These funds cover the Master Plan for the entire project and design and constructic Phase I.
Phase I1 is currently budgeted at $3,000,000 in fiscal year 1995-96 and Phas is budgeted at $3,000,000 in the fiscal year 1996-2001 range. The total pr cost is $11,622,000. The timing of Phases I1 and I11 may vary to meet g management and revenue requirements.
EXHIBITS:
1. Location map.
2. Resolution No. “i i -.’{ % approving a consultant agreement with The
Partnership for the Master Plan of Alta Mira Park, Project No. 3348.
3. Consultant agreement.
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1 I LOCATION MAP I
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PROJECT NAME E) PROJECT NO.
ALTA MlRA PARK 3348
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1 RESOLUTION NO. 91-386
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT
WITH THE DIKE PARTNERSHIP FOR THE MASTER PLAN OF ALTA
MIRA PARK, PROJECT NO. 3348
WHEREAS, the City Council of the City of Carl sbad has determir
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Master Plan; and 8
budgeted in the 1990-91 Capital Improvement Program budget for the A1 ta Mir 7
necessary, desirable, and in the public interest to appropriate funds a
9 WHEREAS, Request for Proposals were solicited, finalists sel
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firm of The Dike Partnership of San Diego, California; and 11
interviews completed, and a consultant agreement negotiated with the recon
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, and expertise to accomplish the project I 13
WHEREAS, the recommended firm possesses the necessary skills, back
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California, as follows: 15
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ca,
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1. That the above recitations are true and correct.
2. That a consultant agreement with The Dike Partnership is
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authorized and directed to forward copies of the agreement to the Parks 20
agreement. Following the execution of said agreement, the City Clerk is ' 19
approved and the Mayor and City Clerk are authorized and directed to execu
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1 Recreation Department, the Municipal Projects Department and The Dike
2 Partnership, attention Mr. Frank N, Brower, 363 Fifth Avenue, San
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Cal i forni a, 92101.
5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba
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to wit: 7
Council held on the 3rd day of December , 1991 by the followins
a AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard
9 NOES: None
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ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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AGREEMENT FOR
MASTER PLAN AND DESIGN SERVICES
FOR ALTA MIRA PARK
THIS AGREEMENT, made and entered into as of the day of
> 194 by and between the CITY OF CAEUSBAD, a municipal
corporation, hereinafter referred to as "CITY", and THE DIKE PARTNERSHIP,
hereinafter referred to as "CONSULTANT".
RECITALS
WHEREAS, CITY requires the services of a landscape architecture firm and
supporting subconsultants to provide the necessary landscape architectural and
related supporting services for preparation of a Master Plan and construction
documents for CITTs Alta Mira Park project; and
WHEREAS, CONSULTANT possesses the necessary skills, experience, financial
abilities, and qualifications to provide the services required by CITY.
NOW, THEREFORE, in consideration of these recitals and the mutual
covenants contained herein, CITY and CONSULTANT agree as follows:
1. CONSULTANTS OBLIGATIONS
CONSULTANT shall prepare a Master Plan for Alta Mira Park in accordance
with the following scope of work;
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Task 1.1
Prepare for and conduct project start-up meeting(s) with CITY staff to
introduce CONSULTANT team, discuss overall project and identify project
requirements.
Task 1.2
Perform boundary and topographic survey including documentation of utility
locations.
Task 1.3
Perform on-site reconnaissance with design team and CITY representatives.
Task 1.4
Perform existing data review.
Task 1.5
Provide geotechnical engineering including a detailed site study and
preparation of recommendations. Provide agricultural suitability testing, report and
recommendations.
Task 1.6
Develop park program requirements.
Task 1.7
Incorporate into alternatives preliminary environmental constraints and
regulatory agency requirements. Develop potential on-site environmental mitigation
plans, and provide other assistance in implementing the environmental requirements
for the project.
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Task 1.8
Develop outline program to incorporate public art within the park.
Task 1.9
Develop imagery, theme and character.
Task 1.10
Prepare site potentials and constraints analysis.
Task 1.11
Prepare conceptual Master Plan alternatives (at the scale of 1" = 40'-0")
depicting: access, circulation and parking systems, architectural elements,
passive/active recreation elements, site and sports lighting, and overall landscape
character.
Task 1.12
Prepare cross-sections/elevations/sketches as required for each alternative to
illustrate design intent and character of all site elements.
Task 1.13
Prepare statement of probable construction cost and statement of probable
maintenance and operations costs for each alternative.
Task 1-14
Prepare water demands analysis for each alternative.
Task 1.15
Review and evaluate conceptual Master Plan alternatives including elevations,
sections and sketches, and statements of probable construction and maintenance and
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operations costs, with CITY staff and ultimately the public for their review and
comments.
Task 1.16
Prepare preliminary Master Plan based upon the chosen alternative or
combination of alternatives including elevations, sections and sketches and
statements of probable construction costs and maintenance and operations costs.
Task 1.17
Conduct a public workshop to present the Master Pladworkbook update.
Task 1.18
Update workbook/refine the Master Plan based upon the results of the public
workshop and the direction of CITY staff.
In addition to the above referenced tasks, CONSULTANT shall incorporate
CITY provided environmental review issues, opportunities, and constraints
information into the project Master Plan. CONSULTANT shall prepare any and all
required exhibits, reports, and other data as may be required of CITY'S Conditional
Use Permit process as well as any other local agency permits and approvals.
CONSULTANT shall coordinate all work with utility companies and others as may
be required. CONSULTANT shall prepare any and all required exhibits, reports, and
other data as may be required by CITY to support CITY initiated California Coastal
Commission pennit application. CONSULTANT shall not be responsible for
environmental report preparation, California Coastal Commission permit application
and processing, or any other Federal, State, or regional public agency permit,
review, approval, or other project authorization not listed herein.
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CONSULTANT shall provide to CITY copies of all data, reports, exhibits,
studies, photographs, design calculations, and any other project information used
in assemblage of the project Master Plan. CONSULTANT shall provide to CITY sixty
(60) bound copies of the Master Plan report upon completion.
2. CITY OBLIGATIONS
CITY shall designate an authorized representative of CITY to assist in
coordination of the project Master Plan with CONSULTANT. CITY shall provide a
sufficient number of 24“ x 36” title block mylar sheets as may be required by
CONSULTANT. CITY shall make available to CONSULTANT any and all existing
and available CITY records, reports, photographs, studies, data, or other information
as may assist CONSULTANT in the preparation of the project Master Plan.
3. PROGRESS AND COMPJETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by CITY and be completed within four (4) months of that
date. Extensions of time may be granted if requested by CONSULTANT and agreed
to in writing by the City Manager or his authorized representative. The City
Manager or his authorized representative will give allowance for documented and
substantiated unforeseeable and unavoidable delays not caused by a lack of foresight
on the part of CONSULTANT, or delays caused by CITY inaction or other agencies’
lack of timely action,
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4. FEES TO BE PAID TO CONSULTANT
The total shall not exceed the fee payable according to Paragraph 6,
"Payment of Fees," and shall be as identified in attached Efibit 1, incorporated by
reference and made a part of this agreement. A summary of CONSULTANT fees is
as follows:
Tasks 1.1 through 1.18 $166,893
Reimbursable expenses to CONSULTANT paid by CITY are estimated as
follows:
a.
b.
C.
d.
e.
f.
g-
Color aerial photos (2) 24" x 36" $ 600
Master Plan reports (60) 11" x 17" Xerox,
color Xerox, wirebound 5,000
Agricultural soil test 1,000
Reproductions
- CUP submittal to 10 copies of 15 sheets
(24" x 36")
- Miscellaneous prints, shacoh
enlargements/reductions
250
1,500
Photo mylar enlargements/reductions 2,500
- Xerox copies 200
Postage, delivery, telefax, long distance telephone 1,200
Photography, slides and prints 500
Other - 15% contingency for miscellaneous
SUBTOTAL ITEMS A THROUGH G
1.900
$ 14,650
TOTAL FEES $1 81,543
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No other compensation for services will be allowed except those items
covered by supplemental agreements per Paragraph 8, "Changes in Work."
5. DURATION OF CONTRACrr
This agreement shall extend for a period of three (3) years from date thereof.
The contract may be extended for one (1) year periods or parts thereof, based upon
satisfactory performance and CITY'S needs.
6. PAYMENT OF FEES
CITY shall pay CONSULTANT monthly following receipt and approval of
invoices received from CONSULTANT sufficiently detailed to include a breakdown
by task, professional discipline, hours, hourly rates, and itemized reimbursable
expenses, as specified herein.
7. FINAL SUBMISSIONS
Within seven (7) days of completion and approval of the final Master Plan
document by CITY, CONSULTANT shall deliver to CITY the following items:
a. Sixty (60) bound copies of the final Master Plan report.
b. Copies of all exhibits, photographs, reports, data, and other
information used to assemble the final Master Plan report.
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by CONSULTANT or
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CITY, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, CONSULTANT or CITY may request a
change in contract, Such changes shall be processed by CITY in the following
manner: A letter outlining the required changes shall be forwarded to CITY by
CONSULTANT to inform them of the proposed changes along with a statement of
estimated changes in charges or time schedule. A supplemental agreement shall be
prepared by CITY and approved by CITY according to the procedures described in
Carlsbad Municipal Code Section 3.28.172. Such supplemental agreement shall not
render ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
CONSULTANT warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for 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, 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, commission, percentage,
brokerage fees, gift, or contingent fee.
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10- NONDISCRIMINATION CLAUSE
CONSULTANT shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMJNATION OF CONTRACX
In the event of CONSULTANTS failure to prosecute, deliver, or perform the
work as provided for in this contract, CITY may terminate this contract for
nonperformance by notifymg CONSULTANT by certified mail of the termination of
CONSULTANT. CONSULTANT, thereupon, has five (5) working days to deliver said
documents owned by CITY and all work in progress to the City Manager or his
authorized representative. The City Manager or his authorized representative shall
make a determination of fact based upon the documents delivered to.CITY of the
percentage of work which CONSULTANT has performed which is usable and of
worth to CITY in having the contract completed. Based upon that finding as
reported to the City Manager, the Manager shall determine the final payment of the
contract.
12. 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
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CONSULTANT or CITY. A copy of such documented dispute shall be forwarded to
both parties involved along with recommended methods of resolution whkh wbdd
be of benefit to both parties. The City Manager or his authorized representative
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.
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 CITY, 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, CONSULTANT shall be paid for work performed to the
termination date; however, the total shall not exceed the lump sum fee payable
under paragraph 4. CITY shall make the final determination as to the portions of
tasks completed and the compensation to be made.
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14. STATUS OF THE CONSULTANT
CONSULTANT shall perform the services provided for herein in
CONSULTANTS own way as an independent contractor and in pursuit of
CONSULTANTS independent calling, and not as an employee of CITY.
CONSULTANT shall be under control of CITY only as to the result to be
accomplished, but shall consult with CITY as provided for in the request for
proposal.
CONSULTANT is an independent contractor of CITY. The payment made to
CONSULTANT pursuant to the contract shall be the full and complete compensation
to which CONSULTANT is entitled. CITY shall not make any federal or state tax
withholdings on behalf of CONSULTANT. CITY shall not be required to pay any
workers' compensation insurance on behalf of CONSULTANT. CONSULTANT agrees
to indew CITY for any tax, retirement contribution, social security, overtime
payment, or workers' compensation payment which CITY may be required to make
on behalf of CONSULTANT or any employee of CONSULTANT for work done under
this agreement.
CONSULTANT shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 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.
15. CONFORMITY TO LEGAL REQUIREMENTS
CONSULTANT shall cause all drawings and specifications to conform to all
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applicable requirements of law: federal, state and local. CONSULTANT shall
provide all necessary supporting documents, to be filed with any agencies whose
approval is necessary.
CITY will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of CITY, whether the work for which they are made be
executed or not. In rhe event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to CITY.
CONSULTANT shall have the right to make one (1) copy of the plans for his/her
records.
17. REPRODUCIION RIGHTS
CONSULTANT agrees that all copyrights which arise from creation of the
work pursuant to this contract shall be vested in CITY and hereby agrees to *
relinquish all claims to such copyrights in favor of CITY.
18. HOLD HARMLESS AGREEMENT
CITY, its officers, and employees shall not be liable for any claims, liabilities,
penalties, fines, or any damage to goods, properties, or effects of any person
whatever, nor for personal injuries or death caused by, or resulting from, any
intentional or negligent acts, errors or omissions of CONSULTANT or
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CONSULTANTs agents, employees, or representatives. CONSULTANT agrees to
defend, indemnify, and save free and harmless CITY and its officers and employees
against any of the foregoing claims, liabilities, penalties or fines, including liabilities
or claims by reason of alleged defects in any plans and specifications, and any cost,
expense or attorney's fees which are incurred by CITY on account of any of the
foregoing.
19. ASSIGNMENT OF CONTRAm
CONSULTANT shall not assign this contract or any part thereof or any
monies due thereunder without the prior written consent of CITY.
20. SUBCONTRACIING
If CONSULTANT shall subcontract any of the work to be performed under
this contract by CONSULTANT, CONSULTANT shall be fully responsible to CITY for
the acts and omissions of CONSULTANTs 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 CITY. CONSULTANT shall bind every subcontractor and
every subcontractor of a subcontractor by the tern of this contract applicable to
CONSULTANTS work unless specifically noted to the contrary in the subcontract in
question approved in writing by CITY.
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21. PROHIBITED INTEREST
No official of CITY who is authorized in such capacity on behalf of CITY to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting,
or approving of this agreement, shall become directly or indirectly interested
personally in this contract or in any part thereof. No officer or employee of CITY
who is authorized in such capacity and on behalf of CITY to exercise any executive,
supervisory, or similar functions in connection with the performance of this contract
shall become directly or indirectly interested personally in this contract or any part
thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of
CITY, either before, during or after the execution of this contract, shall affect or
mom any of the tern or obligations herein contained nor entitle CONSULTANT
to any additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "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.
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24. EFFECX"E DATE
This agreement shall be effective on and from the day and year first above
written.
25. CONFLICT OF INTEREST
CONSULTANT shall file a Conflict of Interest Statement with the City Clerk
in accordance with the requirements of the City of Carlsbad Conflict of Interest
Code. CONSULTANT shall report investments or interests in real property.
26. INSURANCE
CONSULTANT shall obtain and maintain policies of general liability
insurance, comprehensive errors and omissions insurance, automobile liability
insurance, and a combined policy of worker's compensation and employers liability
insurance from an insurance company authorized to do business in the State of
California which meets the requirements of City Council Resolution No. 90-96 in an
insurable amount of not less than one million dollars ($~,OOO,OOO) each, unless a
lower amount is approved by the City Attorney or the City Manager. This insurance
shall be in force during the life of this agreement and shall not be canceled without
thirty (30) days prior written notice to CITY sent by certified mail. CONSULTANT
shall furnish copies of said policies promptly to CITY upon receipt of written
request.
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Executed by CONSULTANT this 7$#. day of dii * - Wi.
CONSULTANT: CITY OF CARLSBAD, a municipal
corporation of the State of California
THE DIKE PARTNERSHIP
By:
Claude A. Lewis, Mayor
~MO” OIfiP- *
(print name here)
ATTEST: m/M. * d/&f”M.
zation of signatory)
or Assistant Secretary, if ALETHA L. RAUTENKRANZ
Corporation) City Clerk
(Proper notarial acknowledgment of execution by CONSULTANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate sed empowering
that officer to bind the corporation.)
APPROVED As TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
BY Deputy City Attorney
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ACC-PURPQ6E AGKNOWLEDG€MENT
State of California
County of San Diego
On November 7, 1991 , before me \A' ( (,' :.\! l/r ' ,4,t< 3 2 ,- . r- .p: ] F" r- (name, tit1
Of Off iCer), DerSOnally proved to me on the basis of satisfactory evidence to be the person whos name is subscribedtothe within instrument and acknowledged to me that he executed the Sam
in his authorized capacity, and by that his signature on the instrument the person(s), or the entit
upon behalf of The Dike Partnership that by his signature on the instrument the person(s), actec
executed the instrument.
WITNESS my hand and official seal.
I OFFICIAL SEAL RONNA S. STICKROD Notary PublicCalifornia SAN DIEGO COUNTY
My Comm. Exp. Feb. 11,1992 B I -7
j\ l? ,,( /i 4- \ [I Lk34 (,;A
Nbtary Signature '
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